Town Board Minutes Mtg 4-11-06


Minutes of the regular meeting held on Tuesday April 11th, 2006 of the Brant Town Board at 7:30 PM at the Brant Town Hall, at 1294 Brant-North Collins Rd, Brant, New York. There were present: Supervisor Leonard K. Pero Councilman John Arrigo Councilwoman Roseann Turner Councilman John J. Chiavetta Attorney William J. Trask Sr. Recording Secretary: Town Clerk Thea A. Ells Absent: Councilman Jeffrey W. Gier ¡V attending the Lake Shore Central School meeting. Also present were: Martin E. Rosiek, resident Joseph Gardyjan, Planning Board Chair Lorraine & Ray Dunkel, residents Alice Escott, Town Crier Ginger Schilling, Village Trustee George Cordia, Village Trustee Joseph Giambrone, Highway Superintendent Mark Hageman, property owner Betty O¡¦Donnell, resident Charles Arrigo, resident Gina DeMaria, Deputy Clerk Lee & Jean Brunelli, residents Mike Daniel, Daniel Auto Sales Tom O¡¦Boyle, Supervisor N Collins Bill Wesp, Dep. Hwy Super. Gary Brecker, Code Officer Marian Vanni, Dep. Super. N Collins Mark Hageman Jr., guest Tim Kobel, resident Felice Krycia, The Sun Bob Reynolds, Legislator 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. 2) APPROVAL OF MINUTES This item missed. 3) MONTHLY REPORTS On a motion from Councilman Arrigo, seconded by Councilman Chiavetta, the following motion was Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: THAT THE SUPERVISORS FINANCIAL REPORT ENDING FEBRUARY 28TH BE ACCEPTED AS READ BY SUPERVISOR PERO On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following motion was Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: THAT THE TOWN CLERK & TAX COLLECTORS MARCH 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 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUSTICE CLERKS MARCH FINANCIAL RECONCILIATION REPORT FOR GUGINO BAIL AND JUSTICE ACCOUNT AND RITZ BAIL AND JUSTICE ACCOUNT BE ACCEPTED AS REVIEWED BY BOARD MEMBERS On a motion from Councilwoman Turner and seconded by Councilman Chiavetta, the following motion was Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: THAT THE MARCH CODE ENFORCEMENT OFFICER¡¦S REPORT BE ACCEPTED AS READ BY GARY BRECKER On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following motion was Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: THAT THE MARCH DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ BY LIAISON COUNCILMAN ARRIGO. On a motion from Councilman Chiavetta, seconded by Councilman Arrigo, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: THAT THE MARCH POLICE PATROL REPORT BE ACCEPTED AS READ BY LIAISON SUPERVISOR PERO Town Clerks Report read by Thea Ells: On a motion from Supervisor Pero, seconded by Councilman Arrigo, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: THAT THE MARCH TOWN CLERKS REPORT BE ACCEPTED On a motion from Supervisor Pero, seconded by Councilwoman Turner, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: TO APPOINT CHRISTINA ELLS AS ASSISTANT CLERK FOR THE New York STATE ARCHIVES GRANT - WORK ON GRANT IS COVERED BY GRANT MONIES On a motion from Councilman Chiavetta, seconded by Councilwoman Turner, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: THAT THE PLANNING BOARD MARCH 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: Supervisor Glen Nellis from Eden and Steve Waldvogel of CRA Infrastructure are meeting in Albany with Assemblymen Quinn for the South West Regional Water Consortium. 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. They have 12 units for the parade and anyone wishing to help or contribute please contact Marcy, Patty or Supervisor Pero. Energy Committee: Bill Henry attended a NYSERTA meeting and brought back a lot of information on solar, wind energy grant availability and conducting an energy audit. Henry is hopeful to have NY SERTA come in and hold an informational forum for the Town. Henry reported that Assemblyman Quinn has introduced a bill for a 4 year extension for NYS real Property exemption dealing with alternative energy and it is to include farm waste/energy use. Supervisor Pero announced that Brant Recreation program would be run by Vince Fininzio and that interviews for counselors and lifeguards would be held the 3rd week of May. The program will start on July 10 and go till August 18. Supervisor Pero recognized guests: Bob Reynolds our Erie County Legislature, Marian Vanni, Dep. Super. N Collins, Tom O¡¦Boyle, Supervisor N Collins, George Cordia, Village Trustee, Ginger Schilling, Village Trustee 4) OLD BUSINESS: 1) Police Chief Update: The committee is meeting with Evans Police Department Wednesday evening to discuss the police force. The committee should have a Chief chosen within a week. 2) Driver school update The first class which has 20 students enrolled, will be held at the Town Hall on April 22 and the fourth 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. 3) Memorial Park Streetscape update Thursday May 4th at the Town Board workshop there will be a public meeting for the development of the project at Memorial Park. 4) Water contract with Farnham The Board members passed a resolution to sign a temporary contract with the Village of Farnham for the water service contract for the Brant Water District #1 which expired last October. John Chiavetta and Jeff Gier are named as the committee and are meeting with the Villages¡¦ committee to further review the details of the contract. Chiavetta reported that they meet with Jim Shea of Surfside who was appointed on a previous water committee. 5) Surfside The Town Board and Town Clerk received the Map, Plan and Report (MPR) and are filed with the Town Clerk. The Town Board members will be reviewing the plan. 6) NIMS Update: Brant Chiefs and some of the firemen have taken the training required, Joe Giambrone is attending a meeting for NIMS with other Highway Superintendents and the Town Officials need the training yet. 7) Town Forum Gathering The meeting was informal and very productive. 5. NEW BUSINESS 1) Justice Court Grant Resolution: The following resolution was offered by Supervisor Pero, who moved its adoption: Whereas: The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts; Whereas: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with a May 1, 2006 deadline; Be It Resolved: That the Town Board of Brant does hereby authorize the Supervisor to prepare, sign and submit a grant application entitled: NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract. RESOLUTION 041106-#9 was seconded by Councilman Arrigo and adopted with a roll call vote of the following members present: 4AYES- 0 NAYS: Supervisor Leonard K. Pero Voting Aye Councilman John Arrigo Voting Aye Councilwoman Roseann Turner Voting Aye Councilman John J. Chiavetta Voting Aye 2) Proclamation #2 0f 2006¡V Clerk¡¦s Week Proclaim that Municipal Clerk¡¦s Week April 30th through May 6th, 2006 WHEREAS: the Office of the Municipal Clerk, a time honored and vital part of the local government exists throughout the world, WHEREAS: the Office of the Municipal Clerk is the oldest among public servants, and WHEREAS: the Office of the Municipal Clerk provides the professional link between the citizens and the local governing bodies and agencies of government at other levels, and WHEREAS: Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS: the Municipal Clerk is the information center on functions of local government and community, WHEREAS: Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS: it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE, I, Leonard K. Pero, Supervisor of the Town of Brant, do recognize the week of April 30 through May 6, 2006 as Municipal Clerk Week, and further extend appreciation to Municipal Clerk, Thea Ells, and to her deputies: Gina DeMaria, and Barbara Daniel, for the vital services they perform and their exemplary dedication to the communities they represent. Dated this April 11th, 2006. 3) Proclamation #3 0f 2006¡V ABATE WHEREAS, The Town of Brant recognizes the American Bikers Aimed Toward Education (ABATE) Organization as a promoter of motorcycle safety, awareness & education. WHEREAS, The month of May brings out many of the motorcycle riders due to the change in weather, and extra precautions should be in effect for these riders. WHEREAS, The month of May has historically been named Motorcycle Safety and Awareness month by the Honorable New York Sate Governor George Pataki, NOW THEREFORE BE IT RESOLVED, that the Brant Town Board and Supervisor Pero proclaim the month of May as Motorcycle Safety and Awareness month in the Town of Brant, Dated this 11th of April, 2006. 4) Art Council Supervisor Pero asked Gina DeMaria and Celeste Lawson Director of the Arts Council to come forward for a presentation from the Arts Council: Supervisor Pero read the following Brant concert in the park facts: ?« Held first ¡§concert in the park series¡¨ in 2004 ?« Originally funded by a grant for $500. Allowing 1 band ?« Response from local businesses and proceeds from the 50/50 raffle raised enough additional funds ($480.00) to add an additional band our first year. ?« This event also had other benefits such as allowing boy scouts to sell refreshments thereby supporting their group ?« Because of the success of our 2004 series, the arts council awarded us another $500 for the 2005 concert series. ?« Again, local businesses and the 50/50 raffle contributed an additional $400. Allowing us to have a three concert dates! A portion of the funds were invested into running additional electric for lights, and it allowed providing a stage area. ?« We are now entering our 3rd year and based on the past success of our concert series, the arts council has awarded us a whopping $1100 for 2006! ?« We anticipate further involvement from local businesses this year and look forward to four concerts in the park for 2006! ?« We are looking forward to many more with the support we have been shown by local businesses. This is a great way to bring our small community together! Supervisor Pero thanked all the efforts of Gina, Thea, Connie Miner, and Joe Giambrone and the Highway men. Celeste Lawson spoke about the competitiveness of this grant and how Brant is contributing to the exposure of culture to our community, and presented a check for $1.100.00 for our concert in the park 2006 season. 5) South Towns Coalition On a motion from Supervisor Pero, and seconded by Councilman Arrigo the following was Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: AUTHORIZE THE SPENDING OF $300.00 TOWARDS SEED MONEY FOR THE SOUTH TOWNS COMMUNITY ENHANCEMENT COALITION: AN EQUAL SHARE FROM EACH TOWN AND $100.00 EACH FROM THE VILLAGES. 6) Appointments On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: TO HIRE LINDA BANTLE AND DOREEN CHENEY AS BUS DRIVERS FOR THE 2006 RECREATION PROGRAM 6) Lake Shore Youth Football The meeting set for April 13 with Gier, Turner, Giambrone, Ells and LYSF ¡V Dave Mascio and Tim Mead has been cancelled by LSYF and will be reset in the near future. 7) Inter Community Water Board On a motion from Councilman Arrigo, seconded by Supervisor Pero, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: TO APPROVE PAYMENT TO INTER COMMUNITY WATER BOARD FOR LEGAL AND ACCOUNTING SERVICES RENDERED TOTALING $56.48 8) NEST On a motion from Councilwoman Turner, seconded by Councilman Arrigo, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: TO APPROVE PAYMENT TO NEST FOR TOWN OF BRANT¡¦S 2006 ANNUAL DUES IN THE AMOUNT OF $79.20 10) Bill Henry - ZBA Letter of resignation received and read to the Board from Bill Henry for his position as an alternate for the Zoning Board of Appeals, which was reluctantly accepted by Supervisor Pero. 11) Board of Review On a motion from Councilman Arrigo, seconded by Supervisor Pero, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: TO APPOINT THE FOLLOWING AS ALTERNATES TO THE BOARD OF ASSESSMENT AND REVIEW: JENNIFER SCHILLING, CLARK BORNGRABER, AND JAMIE SOLECKI DUE TO THE ILLNESS OF PRESENT MEMBER JACK MANCUSO. 12) Bond Anticipation Negotiation The following resolution was offered by Supervisor Pero, who moved its adoption: WHEREAS, THE TOWN BOARD OF THE TOWN OF BRANT, BRANT, NEW YORK, BY A RESOLUTION DULY ADOPTED ON THE 8TH DAY OF JANUARY 2002 DULY AUTHORIZED THE ISSUANCE OF $176,835.98 SERIAL BONDS FOR PURCHASES OF A NEW TRUCK, TRACTOR AND CAR FOR THE TOWN OF BRANT AND PROVIDED THAT THE TOTAL COST OF $176,835.98 OR SUCH PORTION THEREOF AS MAY BE NECESSARY, BE PAID FROM THE PROCEEDS OF OBLIGATIONS ISSUED PURSUANT TO THE LOCAL FINANCE LAW. THEREFORE, BOND ANTICIPATION NOTE NAMED BOND ANTICIPATION NOTE 2006 IN THE AMOUNT OF $34,500.00 WILL BE DATED APRIL 12, 2006 AND WILL MATURE JANUARY 8, 2007. Note: this will be the final pay of a 5 year bond. RESOLUTION 041106-#10 WAS SECONDED BY COUNCILMAN ARRIGO, AND DULY ADOPTED WITH A ROLL CALL VOTE OF THE FOLLOWING MEMBERS PRESENT: 4 AYES- 0 NAYS Supervisor Leonard K. Pero Voting Aye Councilman Arrigo Voting Aye Councilwoman Turner Voting Aye Councilman Chiavetta Voting Aye 13) Proposed Local Law #2 On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following motion was: Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED TO HOLD A PUBLIC HEARING AT 8:00 P.M. MAY 9TH AT THE REGULAR MEETING OF THE BRANT TOWN BOARD FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF PROPOSED LOCAL LAW NO. 2 OF 2006: WHICH WOULD ELIMINATE CURRENT SECTION 25-3 OF THE TOWN OF BRANT CODE WHICH REQUIRES THE POSTING AND PUBLISHING OF ADOPTED LOCAL LAWS IN OUR LEGAL PAPER OF RECORD AFTER THE LAW IS ADOPTED. 14) Local Law #3 On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following motion was Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED TO HOLD A PUBLIC HEARING AT 8:15 P.M. LOCAL TIME FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF PROPOSED LOCAL LAW NO. 3 OF 2006: WHICH WOULD IMPOSE RESIDENCY RESTRICTIONS ON CONVICTED, REGISTERED SEX OFFENDERS IN THE TOWN OF BRANT. 6.) MEETINGS & CORRESPONDENCE 1) North Collins ¡V Library Supervisor Pero received a letter of thanks for the Town of Brant¡¦s donation to the North Collins Library. 2) Swartzwelder Supervisor Pero received a card from David Swartzwelder thanking the Town for the plaque he received for years of service on the Planning Board. 3) Mayor Brown Supervisor Pero received a letter for the sign shop and the price list from the City of Buffalo and forwarded such to Joe Giambrone for future reference. 4) Phillips - Grant Supervisor Pero stated that he helped the Phillips farm obtain a grant for a new digestive system for the manure and will help alleviate the odors and possible use for energy. 5) Board of Elections Supervisor Pero read from a letter concerning consolidation of districts. Thea Ells reported that Board of Elections is running the elections but are asking for assistance from the town clerks involving polling places, etc. Bob Reynolds spoke on the BOE and mentioned that each town will be taxed for their share per district and that the machines are each $5,000.00 or more and will be stored in Buffalo and shipped out each time for use. Thea mentioned that the charges to the Town are on the warrant now and that the HAVA law is designed that the State received monies for the machines from the federal Gov¡¦t. 7.) MISCELLANEOUS INFORMATION 8.) COUNCILMAN REPORTS- Councilman Chiavetta reported that several streetlights have been reported and Niagara Mohawk was contacted. Councilman Chiavetta addressed Martin Rosiek about his comments that the Village of Farnham are grossly overcharging the customers of the Brant Water District and that the contract should be turned over to Erie County Water Authority. Chiavetta asked why as a Councilman for ten years and with the contract being up for renewal in October of 2005, why there were no negotiations and why no research and figures were compiled. Rosiek stated that yes the work was not done but that he is willing to volunteer and be on the committee and that low water rates is the issue. Councilman Arrigo stated that they have not done any more on the employee handbook as they have been busy with the police chief interviews and that it would be completed soon. Councilwoman Turner has been contacted by a public relation representative from Lake Shore Youth Football and will follow up with the committee when they meet with LSYF. Supervisor Pero thanked all for coming and said that there has been a lot of work being accomplished and that things were moving along well. 9.) APPROVAL OF ABSTRACT On a motion from Councilman Arrigo, and seconded by Supervisor Pero the following was Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED: TO APPROVE THE APRIL ABSTRACT AS SHOWN FOR PAYMENT as read by Supervisor Pero ABSTRACT 4 FOR THE YEAR 2006 General Fund Town wide Vouchers 140-181 Totaling:$20,735.45 Street lighting Voucher 3 Totaling: $ 1997.51 General Fund ¡V Part Town Vouchers 13 Totaling: $ 8,104.54 Highway Town wide Vouchers 27-39 Totaling 6, 567.43 deleted #35 for $613.00 Also deleted #34 for $58.50 Lotus Bay Sewer Dist #1 Voucher 1 Totaling $ 900.00 General Town wide ¡V Payroll Totaling: $ 35,274.26 General Fund Part town Payroll - $336.86 Brant Water District: Voucher 3 Totaling:$30.00 Highway Payroll Totaling: $8,180.78 Note for payroll** I wk of March will be in April Supervisor Pero opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns. Tom O'Boyle spoke and stated how good it was to see members of the Brant Board at North Collins meeting and how the relationship between the towns is going in the right direction. Legislator Bob Reynolds spoke on the coalition and Erie County water, offering his services if the town needed any assistance. Reynolds gave out his office phone number: 649-2460. He offered his services for any help needed with county roads. He is on the soil and conservation board, and he will try and come out more often. He is also involved with a bus route on Route 62, and he can answer questions concerning the Wendt Beach Park. William Trask Sr. mentioned Milestrip Rd and that the ditches have not been cleaned out and are causing drainage problems, Reynolds asked Trask to contact him. Bill Henry asked about the renewable energy and how Erie County is addressing the issues facing the area with fuel prices rising. Betty O Donnell asked about the children at play signs that are not up yet on Hammond Rd. (last year the town assured her they would go up.) Tim Kobel thanked the board for extending the contract and working on the water issue and stated that nothing has been done with his fence situation. He was assured that a citation has been issued and now is in court. On a motion from Councilman Arrigo, and seconded by Councilwoman Turner the following was Ayes 4 Pero, Arrigo, Turner, Chiavetta Nays 0 ADOPTED TO ADJOURN THE MEETING OF APRIL 11, 2006 AT 8:43 PM. Respectfully submitted, Thea A. Ells Brant Town Clerk APPROVED BY: SUPERVISOR PERO: ___________________________________ COUNCILMAN ARRIGO: _______________________________ COUNCILMAN GIER: _________________________________ COUNCILWOMAN TURNER: ___________________________________ COUNCILMAN CHIAVETTA: _________________________________