TOWN BOARD MINUTES FOR MTG 9-13-06


Minutes of the regular meeting held on Wednesday September 13, 2006 of the Brant Town Board at 7:30 PM, with CDBG Public Hearing and Public Hearing for Proposed LL#4 & Proposed LL#5, at the Brant Town Hall, at 1294 Brant-North Collins Rd, Brant, New York. There were present: Councilman John Arrigo/Deputy Supervisor Councilman Jeffrey W. Gier Councilwoman Roseann Turner Recording Secretary: Town Clerk Thea A. Ells Absent: Supervisor Leonard K. Pero Councilman John J. Chiavetta Attorney William J. Trask Sr. Also present were: Martin & Carolyn Rosiek, Family Farm David Hock, Police Chief Charles Arrigo, resident Joseph Gardyjan, Planning Board Chair. James Kellogg, resident Bill Wesp, Dep. Hwy. Super. Michele Browning, Supervisor Secretary Joe Giambrone, Hwy Superintendent Brian Kauzala, resident Phil Pericak, Planning Board member Michael & Barbara Daniel, Daniel Auto Sales Tom Banzer, Brant Auto Sales David & Christine Gierlinger, Property owners Brian Campbell, The Sun Janet Bowman, Assessors Clerk Tim Dobson, Brant Auto Parts Lee & Jean Brunelli, resident Joseph & Jane Reynolds, Reynolds Auto Sales 1) PLEDGE TO THE FLAG At 7:30 PM a pledge to the flag was led by Councilman John Arrigo, and the meeting was called to order. 2) APPROVAL OF MINUTES On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: THE AUGUST 8TH TOWN BOARD MINUTES BE ACCEPTED 3) MONTHLY REPORTS On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was Ayes 3 Arrigo, Gier, Turner, Nays 0 ADOPTED: THE SUPERVISORS JULY 2006 FINANCIAL REPORT BE ACCEPTED On a motion from Councilman Gier, seconded by Councilwoman Turner the following motion was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: THE TOWN CLERKS AUGUST FINANCIAL RECONCILIATION REPORT BE ACCEPTED On a motion from Councilman Gier, seconded by Councilwoman Turner the following motion was: Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: THE JUSTICE RITZ AND GUGINO CLERKS AUGUST FINANCIAL RECONCILIATION REPORT BE ACCEPTED On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: THE AUGUST CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ BY COUNCILMAN ARRIGO On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: THE AUGUST DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ BY COUNCILMAN GIER. On a motion from Councilwoman Gier, seconded by Councilwoman Turner, the following motion was: Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: THE POLICE CHIEF?S AUGUST REPORT BE ACCEPTED AS READ BY CHIEF DAVE HOCK On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was: Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: THE AUGUST TOWN CLERKS REPORT BE ACCEPTED AS REVIEWED BY THEA ELLS On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was: Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: THE AUGUST PLANNING BOARD REPORT BE ACCEPTED AS REVIEWED BY JOSEPH GARDYJAN Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices. OLD BUSINESS: 1. Memorial Park Councilman Arrigo reported that he and C. Gier reviewed the plans with Glen Colley and all seemed in order ? the plans will be sent to the EC Planning for approval. The final plans included new sidewalks, new lights, panel box, and a clock tower. 2. Land Purchase The Town purchased the land adjacent to the park. 3. Surfside The Town received bids for the water extension on Surfside Drive, this extension was in the original water district plans but was not completed. The bids will be forwarded to E & M Engineers for approval and the Board will have a public hearing in the near future. New Business 1. Budget Modification On a motion from Councilman Gier, seconded by Councilwoman Turner the following BUDGET MODIFICAITON RESOLUTION 091306-#24 for the period ending July 31st, 2006 was approved: 3 AYES- 0 NAYS: Councilman Jeffrey Gier Voting Aye Councilwoman Turner Voting Aye Councilman Arrigo Voting Aye To increase the 2006 Estimated Revenues and Appropriations Budget and the related revenue and expenditure accts per the Erie Cty PB Grant recd. Budget Modifications Recommended as of July 31st, 2006. General Fund Budget Dec From/ Appropriation Modifications (Inc) To Code Description $ 593.00 increase A510 Estimated Revenues $ (593.00) increase A960 Appropriations $ 593.00 increase A2089.1 Erie Cty PB Grant-Recreation Equipment $ (593.00) increase A7020.41 Recreation Admin-Contr Expend Grant $ 80.00 from A1990.4 Contingent Account $ (80.00) to A1660.4 Central Storeroom-Contr Expend $ 904.00 from A1990.4 Contingent Account 2. Set Date ? Tentative Budget & date for Dept Heads Councilman Arrigo announced that the Tentative Budget Presentation is set for Thursday October 5th at 7:00 PM with the Town Board workshop to follow. Department heads are to present their budget requests on Tuesday September 19th starting at 7:00 PM. 4. NIMS Certification Thea Ells reported that the Towns? departments have complied, Brant Fire co. is almost done and Farnham has quite a few to do yet. Certification letter will go in this week as EC Emergency Services stated they had to have by September 15th. 5. All Hazard Mitigation Plan On a motion from Councilman Arrigo, seconded by Councilwoman Gier the following RESOLUTION 091306-#25 All Hazard Mitigation Plan was approved: 3 AYES- 0 NAYS: Councilman Arrigo Voting Aye Councilman Jeffrey Gier Voting Aye Councilwoman Turner Voting Aye WHEREAS, the Town of Brant, with the assistance from Erie County Emergency Services, has gathered information and prepared the All Hazard Mitigation Plan and WHEREAS, the All Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the Town of Brant is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS the Brant Town Board has reviewed the Plan and affirms that the Plan will be updated no less than every five years; NOW THEREFORE, BE IT RESOLVED by the Brant Town Board that the Town of Brant adopts the All Hazard Mitigation Plan as this jurisdiction?s All Hazard Mitigation Plan, and resolves to execute the actions in the Plan. 5. Highway Laborer On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO CHANGE HIGHWAY LABORER MARK REYNOLDS FROM SALARY TO HOURLY @ 10.60 AN HOUR 6. Memorial Park On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO ACCEPT THE CURRENT PLAN FOR THE CDBG MEMORIAL PARK PROJECT AND TO FORWARD TO ERIE COUNTY 7. Farm Bureau Carolyn Rosiek presented to the Board certificates and a plaque from the Erie County Farm Bureau to recognize the Town of Brant?s farsighted action in regards to the 2000 Farmland Protection Plan for Brant, North Collins, and Evans, in 2002 the Comprehensive Land Use Plan , and with the 2004 Right to Farm Law. MISCELLANEOUS INFORMATION & CORRESPONDENCE Councilman Arrigo asked for someone to volunteer to attend a meeting at Lake Shore Central School in regard to the program Supervisor Pero was involved with. Councilman Gier will attend. Councilman Arrigo asked how Primary Day went in regards to Brant, Thea Ells reported that all went okay. No Councilman reports at this time. APPROVAL OF ABSTRACT On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO APPROVE THE SEPTEMBER ABSTRACT AS SHOWN FOR PAYMENT: General Fund Town wide Vouchers 391-436 Totaling: $20,268.17 Street lighting Voucher 8 Totaling: $ 1939.49 General Fund ? Part Town Vouchers 20-24 Totaling: $50,409.84 Fire Protection Voucher 3-4 Totaling: $ 78,460.72 Highway Town wide Vouchers 67-71 Totaling: $2,039.28 Highway Part Town Voucher 19-22 Totaling: $4,741.40 Abstract 9 will start w/19 General Town wide ? Payroll Totaling: $33,574.84 General Fund Part town Payroll $336.86 Highway Payroll Totaling: $6780.90 Note for payroll** 8/25/06-9/8/06 payroll Councilman Arrigo opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns. Martin Rosiek expressed his hope that the Brant Town Board is still considering public water to the Town. He questioned if there was still need for another public hearing for the final Memorial Park plans. James Kellogg questioned why his property, the correspondence and visits from the Code Officer were not included in the Code Officer report. The Board asked if Mr. Kellogg was cited and informed him that there is a plan for a meeting with the independent truckers in the Town. 8:00 PM Public Hearing for Proposed LL #4 On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #4 Town Clerk Thea Ells verifies that the following was advertised in the legal paper of the Town of Brant and posted at the Brant Town Hall, Farnham Village Hall, and local post offices. Pursuant to a resolution of the Town Board of the Town of Brant, New York, NOTICE IS HEREBY GIVEN of the following PUBLIC HEARINGS to be held by the Brant Town Board in the Town Hall, 1294 Brant-North Collins Road, Brant, New York on the 13th day of September, 2006: At 8:00 P.M. Local Time for the purpose of considering the adoption of Proposed Local Law No. 4 of 2006, which amends the following provisions of the Zoning Ordinance of the Town of Brant: Section 161-67 (B) (2) relative to conditions which the Town Board may impose on Special Use Permits, Section 161-4 to amend the definition of ?Junkyard?, and Section 161-18 (D) (4) relative to Junkyards being permitted in Industrial Zoning Districts by Special Use Permit, and immediately following for the purpose of considering the adoption of Proposed Local Law No. 5 of 2006, which would regulate accumulation of junk on private property 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 Dated: August 31, 2006 THEA A. ELLS BRANT TOWN CLERK Councilman Arrigo read the following: Be it enacted by the Town Board of the Town of Brant as follows: Section 1: The last sentence of Section 161-67 (B)(2) of the Town of Brant Code is hereby amended to read: ?In approving an application, the Town Board may impose such restrictions, conditions or modifications as it may determine to be reasonably necessary to protect the health, safety or general welfare of the public.? Section2: Amend the current Section 161-18 (D) ?Industrial District. Special Permit Uses? to read: ?(4) Junkyard, including automobile Junkyard [except that no junkyard or automobile junkyard shall be a permitted use in that southwestern portion of the Industrial District lying between the two (2) principal railroad tracks].? Section 3: Amend definition of ?Junkyard? in Section 161-4 to read: ?Any place where any type of junk, waste, and/or discarded or salvaged materials, equipment, machinery or parts of any sort are located, stored, bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned. Includes automobile junkyards as defined in General Municipal Law Section 136. The term ?junkyard? is not intended to include: a. pawn shops, b. antique shops or c. establishments otherwise properly zoned, permitted and licensed for the sale or storage of I) used motor vehicles which are operable and capable of being currently registered and passing inspection or II) used machinery which is operable and capable of being currently used for the purpose for which it was originally manufactured.? Section 4: This law shall take effect upon its filing with the Secretary of State. Barbara Daniel expressed concern to the Board of the loop hole the law presents for the Town in dealing with used car lot and repair shop owners in regards to the requirements for vehicle inspection readiness. Joseph Reynolds asked the Board why the addition of this law when the State Law already addresses the issues addressed in this proposed law. Martin Rosiek inquired to the Board if the law applied to agricultural land, and reminded them of the Right to Farm Law. Councilman Arrigo answered that farms should abide by the junk yard law also; Gier also agreed that old unusable farm equipment should be disposed of properly. Tom Banzer spoke and expressed that there are separate laws that apply to dealerships, junk dealers, and repair shops. As everyone had been heard: On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #4 On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #5 Councilman Arrigo read excerpts from the following proposed law: Be it enacted by the Town Board of the Town of Brant as follows: Section 1. Purpose. The purpose of this chapter is to promote the general health, safety and welfare of the residents of the Town of Brant and to protect the value of real property in the Town of Brant and to promote and perpetuate the attractive appearance of neighborhoods in the community, by requiring proper maintenance of real property within the Town of Brant. Section 2. Prohibited acts. A. It shall be a violation of this chapter for any owner, or other occupant or person having control of real property in the Town of Brant to deposit, abandon, maintain, keep or allow the accumulation on their real property, outside of any building, of any junk, trash, rubbish, garbage, refuse, debris, discarded materials, and any other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare or creates degradation through unsightliness. 1) Examples of such materials are as follows: a. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. b. Putrescible and nonputrescible solid wastes, (except body wastes), such as garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes. c. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as felled or cut trees, limbs, lumber and construction materials not actively and presently being used to construct or repair a building or make any other improvement on the premises, broken glass, discarded bedding, broken crockery and similar materials. d. Any boat, snowmobile, all-terrain vehicle, or other such device, vehicle or machinery, which is in a state of disrepair or is otherwise dilapidated, broken, or abandoned. e. Abandoned, discarded, broken, or inoperable refrigerators, washing machines or other machinery or appliances or parts thereof. Any such items stored on any yard or lot for a period of more than 10 days shall be presumed to be abandoned and subject to enforcement. f. Unless the proper permits and licenses have been granted pursuant to some other provision of law, any automobile, truck, or other vehicle originally intended for use on the public highways which is unregistered, old, or secondhand and no longer intended or in condition for legal use on the public highways, including such vehicles which are in a state of disrepair or otherwise dilapidated, broken, or abandoned. For the purpose of this subsection a vehicle shall be presumed to be no longer intended or in condition for legal use on the public highways if it does not bear: 1. A current registration from the State of New York or other recognized registering jurisdiction; or 2. An inspection certificate issued within the last 12 months in accordance with the laws of the State of New York or the laws of any other recognized inspecting jurisdiction. 2. Such list of examples is not exclusive and is not in limitation of the prohibition contained in this section. B. Except to the extent that a health, safety or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this chapter to maintain on real property items of the kind and nature set forth in subsection A above if such items are stored inside a storage structure or if they are stored in such manner that they are not visible to neighboring properties or from a highway. Notwithstanding the foregoing, such storage in a front yard as defined in the Town Zoning Ordinance is forbidden under all circumstances. Notwithstanding the foregoing subsection, it shall not be a violation of this law for the owner or occupant of a parcel of real property to have not more than one (1) unregistered and/or unlicensed motor vehicle situated or located on the front yard of said parcel for purposes of re-sale, provided that the title for such motor vehicle must be in the name of such owner or occupant and further provided that such motor vehicle shall be located in a manner that will not obstruct visibility for vehicular traffic traveling on public highways and entering or exiting private driveways. Section 3. Penalties for offenses. A violation of this chapter shall be a violation as defined in 10.00 of the Penal Law of the State of New York and shall be punishable by a fine not to exceed $350 or a sentence of imprisonment not to exceed 15 days, or both. Section 4. Enforcement. A. The Code Enforcement Officer of the Town of Brant is hereby authorized to enforce the provisions of this chapter. B. Upon receiving a complaint or upon any inspection of a property, the Code Enforcement Officer shall determine whether or not there appears to be a violation of this chapter. Upon determining that this chapter has been violated, the Code Enforcement Officer shall give the owner of the real property or other person charged with the maintenance of the property, if known, written notice setting forth the nature and existence of the violation, and the provisions of this chapter violated, and directing that the violation be terminated or corrected within 10 days of the date of such notice. Such notice shall be given personally to the owner, lessee, occupant or other person, or by posting a copy of the notice in a conspicuous place on the real property, or by mailing the same to the address of the real property or that listed by the owner for the receipt of tax bills. C. If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the Code Enforcement Officer may file a written complaint, signed by the complaining party, specifying the conditions, acts or omissions constituting a violation of this chapter, the address of the real property where the violation is taking place, the name and address of the owner, occupant, lessee, tenant and/or other party having control of the real property, with the Town Justice and shall issue and serve on the real property owner an appearance ticket requiring his or her appearance in court. The Code Enforcement Officer shall also file proof of compliance with Subsection B above. In the alternative, the Code Enforcement Officer or any complaining or aggrieved party may file a written complaint, signed by the complaining party, with the Town Justice specifying the conditions, acts, or omissions constituting a violation is taking place, the name and address of the real property owner, occupant, lessee, tenant or other party having control of the real property, and facts showing compliance with Subsection B of this section. Upon receipt of such complaint, the Town Justice may issue a written summons directing the property owner or other responsible party to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. Martin Rosiek questioned if Agricultural exemption would apply to his farm truck, and farm produce, etc. The Board felt that the farms would be exempt. Rosiek asked that there would be verification of that in the law. Lee Brunelli asked if the law allowed a seasonal vehicle such as a plow truck. Arrigo said yes it allows for that. On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #5 The Board returned to the Acknowledgement of Visitors: Lee Brunelli asked that the Board enforce the law in regards to when to place refuse and garbage on the roadside for pick up. THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED. CDBG On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO OPEN THE PUBLIC HEARING REGARDING THE USE OF FEDERAL COMMUNITY DEVELOPMENT FUNDS IN THE TOWN OF BRANT Town Clerk Thea Ells verifies that the following notice was placed in the local paper and posted also: THE TOWN OF BRANT will hold a public hearing on Wednesday September 13, 2006 at 8:30PM at the Brant Town Hall, 1294 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant. THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended. THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. CITIZENS ARE URGED to attend this meeting to make known their views and/ or written proposals on the Town of Brant?s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at(716) 549-0282.By order of the Brant Town Board Thea A. Ells, Brant Town Clerk Dated August 9, 2006 Martin Rosiek stated that the Town of Brant should as usual support Rural Transit and suggested that the Board consider a feasibility study for a New Town Hall. Lee Brunelli thanked the Board for consideration of supporting Rural Transit. Councilman Arrigo asked for more ideas and if any one has suggestions to please notify a Board member. A motion from Councilwoman Turner, and seconded by Councilman Gier the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO CLOSE THE PUBLIC HEARING FOR CDBG A motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO RETIRE TO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS WITH CHIEF DAVE HOCK A motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO CLOSE THE EXECUTIVE SESSION A motion from Councilman Gier, and seconded by Councilwoman Turner the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO ADVERTISE FOR BIDS FOR THE MEMORIAL PARK PROJECT SIDEWALK, ELECTRIC, AND CLOCK WITH THE ERIE COUNTY APPROVAL AND E & M. On a motion from Councilwoman Turner, and seconded by Councilman Gier the following was Ayes 3 Arrigo, Gier, Turner Nays 0 ADOPTED: TO ADJOURN THE SEPTEMBER TOWN BOARD MEETING AT 9:10 PM Respectfully submitted, Thea A. Ells Brant Town Clerk