TOWN BOARD MEETING 03-14-06


Minutes of the regular meeting held on Tuesday March 14, 2006 of the Brant Town Board at 7:30 PM, with a Public Hearing at 8:00 P.M. Local Time for the purpose of considering the adoption of Proposed Local Law No. 1 of 2006, which would impose a six (6) month moratorium on the issuance of applications and the granting of permits, licenses or approvals for the siting, location or construction of billboards and sign structures in the Town of Brant at the Brant Town Hall, at 1294 Brant-North Collins Rd, Brant, New York. There were present: Supervisor Leonard K. Pero Councilman John Arrigo Councilman Jeffrey W. Gier Councilwoman Roseann Turner Councilman John J. Chiavetta Attorney William J. Trask Sr. Recording Secretary: Town Clerk Thea A. Ells Also present were: Martin E. Rosiek, resident Joseph Gardyjan, Planning Board Chair Kirk Ritz, resident Alice Escott, Town Crier Ginger Schilling, resident George Cordia, Village Trustee Joseph Giambrone, Highway Superintendent Jamey Solecki, resident Charles Arrigo, resident Pat Purpera, resident Barbara Daniel, Deputy Clerk Lee & Jean Brunelli, resident Mike Daniel, Daniel Auto Sales Gary Brecker, Code Officer 1) PLEDGE TO THE FLAG At 7:30 PM a pledge to the flag was led by Supervisor Pero, and the meeting was called to order. Supervisor Pero made a short announcement to the audience: Nothing at this meeting should be taken personally; this is about a Town Board meeting making decisions in the best interest of the Town for its residents. Pero announced that the Board would break for the Public Hearing at 8:00 PM. 2) APPROVAL OF MINUTES On a motion from Councilman Arrigo, seconded by Councilman Gier, the following motion was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JANUARY 5th ORGANIZATIONAL MINUTES BE ACCEPTED On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE RECORD OF THE FEBRUARY 9TH WORKSHOP AND THE MINUTES OF THE FEBRUARY 14 REGULAR TOWN BOARD MEETING BE ACCEPTED 3) MONTHLY REPORTS On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following motion was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE SUPERVISORS FINANCIAL REPORT ENDING JANUARY 31ST BE ACCEPTED AS READ BY SUPERVISOR PERO On a motion from Councilman Gier, seconded by Councilman Chiavetta, the following motion was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE TAX COLLECTORS FEBRUARY FINANCIAL RECONCILIATION REPORT BE ACCEPTED AS READ BY SUPERVISOR PERO On a motion from Councilwoman Turner, seconded by Councilman Arrigo, the following motion was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE TOWN CLERKS FEBRUARY FINANCIAL RECONCILIATION REPORT BE ACCEPTED AS READ BY SUPERVISOR PERO On a motion from Councilman Chiavetta, seconded by Councilman Gier the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUSTICE CLERKS FEBRUARY FINANCIAL RECONCILIATION REPORT FOR GUGINO BAIL ACCOUNT BE ACCEPTED AS READ BY SUPERVISOR PERO On a motion from Councilman Arrigo, seconded by Councilwoman Turner the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUSTICE CLERKS FEBRUARY FINANCIAL RECONCILIATION REPORT FOR GUGINO JUSTICE ACCOUNT BE ACCEPTED AS READ BY SUPERVISOR PERO On a motion from Councilman Chiavetta, seconded by Councilman Arrigo the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUSTICE CLERKS FEBRUARY FINANCIAL RECONCILIATION REPORT FOR RITZ BAIL ACCOUNT BE ACCEPTED AS READ BY SUPERVISOR PERO On a motion from Councilwoman Turner, seconded by Councilman Gier the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUSTICE CLERKS FEBRUARY FINANCIAL RECONCILIATION REPORT FOR RITZ JUSTICE ACCOUNT BE ACCEPTED AS READ BY SUPERVISOR PERO After reading his report: Gary Brecker reported to the Board members that he has sited more than one independent trucker in Town and would like to review and amend the laws governing the parking of trucks for possible regulation. Attorney Trask asked for a memorandum explaining the problems with that provision and the enforcement of same with a recommendation for change with a copy to the board members and to the attorney. On a motion from Supervisor Pero and seconded by Councilman Arrigo and Turner, the following motion was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO HAVE THE CODE OFFICER PRESENT TO THE BOARD A MEMORANDUM AND RECOMMENDATION CONCERNING SPECIAL RULES FOR INDEPENDENT TRUCKERS. On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE FEBRUARY CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ BY GARY BRECKER On a motion from Councilman Gier, seconded by Councilman Arrigo, the following motion was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE FEBRUARY DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ BY LIAISON COUNCILMAN ARRIGO. On a motion from Councilman Arrigo, seconded by Councilman Chiavetta, the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE FEBRUARY POLICE PATROL REPORT BE ACCEPTED AS READ BY LIAISON SUPERVISOR PERO Town Clerks Report reviewed by Supervisor Pero: On a motion from Councilman Arrigo, seconded by Supervisor Pero, the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO ALLOW FARNHAM FIRE DEPT. BASEBALL TEAM TO USE THE GYM AT THE RECREATION BUILDING ON THURSDAY EVENINGS TILL WEATHER IS BETTER. On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE FEBRUARY TOWN CLERKS REPORT BE ACCEPTED On a motion from Councilwoman Turner, seconded by Councilman Chiavetta, the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE PLANNING BOARD FEBRUARY MEETING REPORT AND UPDATE BY JOSEPH GARDYJAN BE ACCEPTED Clerks note: All Department Reports are attached in Minute Book; Financial reports are filed in respective offices. WATER DISTRICT: Nothing to report on the South West regional water project on Route 62; still waiting on North Collins Correctional Facility. BRANT REVITALIZATION COMMITTEE: Supervisor Pero reported that the Beautification and Event Committee; Marcy Muffoletto, and Patty Friend are working on events for the Brant Summer Fest which will be held on July 15. Anyone wishing to help or contribute please contact either person or Supervisor Pero. Energy Committee; Bill Henry and Joe Zolnowski., Henry attended a Smart Energy meeting and brought back a lot of information on solar and windmill energy and anyone interested in learning more about tax incentives, etc. may contact Supervisor Pero. Supervisor Pero announced that we need a volunteer to serve on the Board of Review and Assessment to replace Jack Mancuso whose health is failing. There is a class which needs to be attended to serve on this board. 4) OLD BUSINESS: 1) Police Chief Update: The committee has brought the eighteen original applicants down to eight, and the next round of interviews will be held shortly. Councilman Gier reported that all the candidates are qualified and interested in our small town and they have a very tough decision ahead of them. The committee has asked the applicants if they are not chosen for the job of Chief would they be interested in serving as a part time patrolman, and they all answered yes. 2) Memorial Park Streetscape update A meeting is scheduled for March 15th with Tom Dearing of Erie County Planning and Connie Miner and it looks like the extension will be till January of 2007. The new project should get the town more for their money. 3) Driver school update The school which is run by Vinnie Vacco will be held at the Town Hall starting April 22 and the fourth (Last?);Saturday of each month thereafter from 8:45 AM till 11:45 AM. There will be classes held for the residents for reduction of insurance, which will be announced. 5.) NEW BUSINESS 1) Water contract with Farnham The Board members met with the Village of Farnham Mayor at the workshop last week and discussed the water service contract for the Brant Water District #1 which expired last October. John Chiavetta and Jeff Gier are named as the committee to meet with the Villages? committee to further review the details of the agreement. On a motion from Councilman Arrigo, seconded by Supervisor Pero, the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO NAME COUNCILMAN JOHN CHIAVETTA AND JEFFREY GIER AS THE COMMITTEE FOR THE WATER SERVICE CONTRACT FOR THE BRANT WATER DISTRICT. 2) Billboards committee On a motion from Councilman Arrigo, seconded by Councilman Chiavetta, the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO NAME GARY BRECKER, WILLIAM TRASK SR., AND JOSEPH GARDYJAN AS THE COMMITTEE TO REVIEW AND IF NEEDED TO PREPARE A SIGN AND BILLBOARD LAW 3) Surfside water On a motion from Councilman Gier, seconded by Councilwoman Turner, the following RESOLUTION was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: A RESOLUTION TO START A PROCEDURE IN WATER DISTRICT # 1 TO INCREASE THE PRESENT WATER LINES ON SURFSIDE DRIVE TO THE OLD LAKE SHORE ROAD: TO AUTHORIZE THE TOWN ENGINEER (GLEN COOLEY OF E&M ENGINEERS) TO PREPARE A MAP PLAN AND REPORT FOR THAT IMPROVEMENT. 8:00 PM Public Hearing: On a motion from Councilman Gier, seconded by Councilman Arrigo, the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO OPEN THE PUBLIC HEARING Town Clerk Thea Ells read the notice and verified publication in the Town Crier March 1st, 2006 and posting at the: Brant Town Hall, Farnham Village Hall, Brant Post Office, Farnham Post Office. LEGAL NOTICE TOWN OF BRANT NOTICE OF PUBLIC HEARING: Pursuant to a resolution of the Town Board of the Town of Brant, New York, notice is hereby given of a public hearing to be held by the Brant Town Board in the Town Hall, 1294 Brant-North Collins Road, Brant, New York on the 14th day of March, 2006 at 8:00 P.M. Local Time for the purpose of considering the adoption of Proposed Local Law No. 1 of 2006, which would impose a six (6) month moratorium on the issuance of applications and the granting of permits, licenses or approvals for the siting, location or construction of billboards and sign structures in the Town of Brant. Copies of the proposed local law are available for review in the office of the Town Clerk, 1294 Brant-North Collins Road, Brant, New York during regular business hours. All interested parties will be given an opportunity to be heard. Discussion followed: This would not affect temporary signs such as real estate signs nor agriculture district farm signs. There was question if the moratorium effects only new construction ? yes; and will the board will be reviewing existing signs ? Trask answered that if a current sign which required a renewable permit were to expire, the moratorium would apply to such, but the intent of this moratorium is for new construction of signs. On a motion from Councilman Arrigo, seconded by Councilman Chiavetta, the following motion was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO CLOSE THE PUBLIC HEARING 4) NIMS Supervisor Pero stated that the Disaster Committee will oversee that the following resolutions? standard of training is fulfilled in the Town of Brant and Village of Farnham. Committee: Mike Walters, Wayne Falk, Dave Pero, Ellsworth Nolan, Joseph Giambrone, Leonard Pero, Terry Caber, Thea Ells On a motion from Councilman Gier, seconded by Councilman Arrigo and Councilwoman Turner, the following resolution was adopted with a roll call vote of the following members present: 5 AYES- 0 NAYS Councilman Gier Voting Aye Councilman Arrigo Voting Aye Councilwoman Turner Voting Aye Supervisor Leonard K. Pero Voting Aye Councilman Chiavetta Voting Aye It is hereby resolved by the Town of Brant; Erie County, State of New York that: WHEREAS, in Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, Local and Tribal Governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all Federal, State, Local, and Tribal Homeland Security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary that all Federal, State, Local, and Tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, Local, and Tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualifications standards, uniform standards for planning, training and exercising, comprehensive resource management and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state?s ability to utilize Federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state , including all public safety and emergency response organizations training programs; and WHEREAS, the National Commission of Terrorist Attacks (9-11 commission) recommended adoption of a standardized Incident Command System. NOW THEREFORE, pursuant to the authority vested in me by the Town of Brant and provisions of the local law I do hereby mandate the National Incident Management System be utilized for all incident management in the Town of Brant. From this date of March 14, 2006 at our March monthly Town Board meeting, I Supervisor, Leonard K. Pero and the members of the Brant Town Board further proclaim this to take effect immediately. LOCAL LAW NO. 1 OF THE YEAR 2006 After the reading by Supervisor Pero of Local Law NO.1-2006 the following roll call vote was taken for this resolution: LOCAL LAW NO. 1 OF THE YEAR 2006 A local law imposing a temporary moratorium on the issuance of applications and the granting of permits, licenses or approvals for the siting, location or construction of billboards and sign structures in the Town of Brant. Be it enacted by the Town Board of the Town of Brant as follows: WHEREAS, the Brant Town Board is concerned about the visual and environmental impacts of billboards and sign structures in the Town of Brant, and WHEREAS, current local laws, ordinances and regulations do not adequately address many of these issues and concerns during the application, review and permitting process, and WHEREAS, the Town Board has determined that it is necessary to protect the public interest and welfare by imposing a temporary moratorium on new siting, location and construction of new billboards and sign structures while the Town undertakes a comprehensive review of concerns and issues raised by these land uses, and WHEREAS, such moratorium is intended to allow the Town sufficient and necessary time to address such concerns and issues and enact new laws, ordinances or regulations, and/or appropriate amendments to existing laws, ordinances or regulations to properly address such concerns or issues in a manner which is meaningful and consistent with the Town's comprehensive plan. NOW, THEREFORE, the Town Board of the Town of Brant hereby declares that no new applications shall be issued and no permits or approvals shall be granted by any officer, department, board or agency of the Town of Brant with respect to the siting, location or construction of any billboard or sign structure within the Town of Brant for a period of six (6) months from the effective date of this local law, unless earlier terminated by other local law, duly adopted. This local law is intended to supersede all applicable provisions of the Code of the Town of Brant, New York, if any, with respect to the issuance of applications or the granting of permits, licenses or approvals for billboards or sign structures during the effective period hereof. On a motion from Councilman Gier, seconded by Councilman Arrigo and Councilwoman Turner, the following resolution was adopted with a roll call vote of the following members present: 5 AYES- 0 NAYS Councilman Gier Voting Aye Councilman Arrigo Voting Aye Councilwoman Turner Voting Aye Supervisor Leonard K. Pero Voting Aye Councilman Chiavetta Voting Aye RESOLVED FOR THE ADOPTION OF THE ABOVE LOCAL LAW NO. 1 OF 2006 Clerks Note: This law was sent to the Secretary of State and published in the Town Crier after adoption in accordance to the law. Affidavits of publication for the public notice of public hearing, and local law are in the Town Ordinance Book and the Minute Book. 6.) MEETINGS & CORRESPONDENCE Supervisor Pero announced and informed those present of the following: 1. Forum gathering Sat. March 18th @ 1:00pm ? all are encouraged to attend 2. Assemblyman Jack Quinn?s Outreach Program was March 4 ? poor attendance 3. Letter- Angola Library ? Thank you for donation and upcoming events will be posted 4. Report on NYC Assoc. of Towns Meeting ? Arrigo and Pero attended 18 hours of classes, Judges attended as many if not more. 19 resolutions were adopted dealing with many issues. All who attended stayed under the $1,000.00 allotment. It was very informative and educational. 7.) MISCELLANEOUS INFORMATION Supervisor Pero announced a public meeting with the school board and informed any officials to notify him if they would rather attend the meeting with the school board as it is the same night as our April 11th meeting. 1. Assessor?s office new policy ASSESSMENT COMPLAINTSIF YOU HAVE RECEIVED A RE-ASSESSMENT NOTICE AND WISH TO GRIEVE IT:1. Call 549-4423 between March 15 and April 15, 20062. The Assessor will then review and inspect the property.3. In approximately mid-May, you will be notified by mail regarding the Assessor's decision.UPON RECEIPT OF YOUR LETTER, IF YOU STILL DISAGREE WITH THE ASSESSOR'S DECISION...4. You can come into the Assessor's Office and file a complaint form with the Assessment Board of Review.5. After completing the form, the complainant can then voice their complaint to the Board of Assessment and Review of Grievance Day (1st Tuesday in June 2006).6. No appointment is necessary for Grievance Day - but you must sign in and complete the form before your complaint can be heard by the Board of Assessment & Review. Clerks note: this has been published in the penny saver, town Crier, web site and town hall. 2. Windows member item grant update- In his letter of acknowledgement to our letter; Volker said the state budget is very challenging ? he will do his best 3. Next newsletter request ? took note of residents who state they did not receive it is on the web site 4. VARIOUS CORRESPONDENCE ? The Town received the final $11,926.15 for the Farmland Viability Grant Chairman Gardyjan spoke with County DOT and they are cleaning up near tracks on Cain Road Supervisor Pero attended a Erie County Governments meeting and was named on a regionalism committee, it is the sharing of some services when needed and to reevaluate these shared services. Letter to Erie County Public Reactions was sent concerning the speed on Versailles Plank Road and our intersections. Town flags are in need of replacement. Clerk will take care of. Letter of support sent by Supervisor: for Eden concerning the bus routes ? for Angola for a ladder truck ? to Higgins, Quinn and Volker concerning the Farnham School demolition Receiving letters for positions with our recreation program. Chamber of Commerce Dinner this Saturday- named different recipients of awards There is a Chinese Auction, Ice Cream Social and Gap Fashion show, on Friday March 31 at the Brant Fire Hall ? 6:00 PM ? 8:00 PM Springville Dairy Fest June 4th any farmers interested contact Pero. Information of Farm Disaster loans etc- see Pero April 24 Clean Sweep Program forms and info on the Clerks Board Rural Transit is need of two new board members ? members of the community are encouraged to consider Card from Melanie Larson (The Sun) stating she will miss the Town and everyone as she has relocated Civil Rights meeting diner ? Arts Award luncheon ? contact Pero 8.) Councilman Reports- Councilman Gier reported that they have gone through and highlighted sections of the employee handbook and hope to get a draft to Attorney Trask soon. Councilman Chiavetta asked that anyone with comments, questions or concerns contact either himself or Gier concerning the Brant Water District contract for service with Farnham. Councilman Arrigo asked for more volunteers for the recreation committee. APPROVAL OF ABSTRACT On a motion from Councilman Gier, and seconded by Councilman Arrigo the following was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO APPROVE THE MARCH ABSTRACT AS SHOWN FOR PAYMENT: ABSTRACT 3 FOR THE YEAR 2006 General Fund Town wide Vouchers 77-137 Totaling:$58,668.25 Street lighting Voucher 1 Totaling: $ 2,423.48 General Fund ? Part Town Vouchers 6-12 delete -----Totaling: $ 8,174.54 Highway Town wide Vouchers 15-26 Totaling : $ 7,129.05 General Town wide ? Payroll Voucher Totaling: $ 14,768.05 General Fund Part town Payroll - $415.46 Brant Water District Voucher 2 Totaling:$30.00 Highway Payroll Totaling: $11,022.65 Supervisor Pero opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns. Lee Brunelli asked if the Board has pursued getting the school tax collection back into the Town of Brant and Supervisor Pero stated that nothing has been done but he does want to get the collection back in Brant. Martin Rosiek asked for verification of Bill Henry?s residency and his ability to represent the Town of the energy committee and the Zoning Board of Appeal. Pero answered that Henry is not a resident at this time but does own property in the Town and he is an alternate for the ZBA and the Board will look into the matter. Rosiek expressed concern with the water contract and told the Board that they should consider using Erie County Water Authority instead of the Village of Farnham, as he states the Village is making money on the people in the water district. Acknowledgment of visitors was closed. On a motion from Councilman Arrigo, and seconded by Councilwoman Turner the following was Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THE MEETING OF MARCH 14, 2006 BE ADJOURNED AT 8:45 PM IN MEMORY OF MARY GUGINO MOTHER OF FORMER ZONING BOARD OF APPEALS MEMBER, PAT GUGINO, SHE WILL BE MISSED. SUPERVISOR PERO REQUESTED A MOMENT OF SILENCE. Respectfully submitted, Thea A. Ells Brant Town Clerk APPROVED BY: SUPERVISOR PERO: ___________________________________ COUNCILMAN ARRIGO: _______________________________ COUNCILMAN GIER: _________________________________ COUNCILWOMAN TURNER: ___________________________________ COUNCILMAN CHIAVETTA: __________________________________