TOWN BOARD MINUTES MTG 10/10/06


Minutes of the regular meeting held on Wednesday October 10, 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:
Deputy Supervisor John Arrigo
Councilman Jeffrey W. Gier
Councilwoman Roseann Turner 
Councilman John J. Chiavetta
Recording Secretary: Town Clerk Thea A. Ells
 Attorney William J. Trask Sr.
Absent: 
Supervisor Leonard K. Pero
Also present were:									
Martin Rosiek, Family Farm				David Hock, Police Chief	
Tom Banzer, Brant Auto Sales			Bill Wesp, Dep. Hwy. Super.         	 Joseph Gardyjan, Planning Board Chair. 		Alice Escott, Crier
Brian Campbell, The Sun				Chad Kaczmarek, LSYF
Mike Muffoletto, resident, LSYF 			Lee & Jean Brunelli, resident	
								
1) PLEDGE TO THE FLAG				
 At 7:30 PM a pledge to the flag was led by Deputy Supervisor John Arrigo, and the meeting was called to order AFTER A MOMENT OF SILENCE IN HONOR OF RESIDENT DAISY WINTERS WHO PASSED AWAY AT THE AGE OF 107 ON SEPTEMBER 14, 2006.

2) APPROVAL OF MINUTES
On a motion from Councilman Gier, seconded by Councilman Chiavetta, the following motion was 
Ayes 4 	Arrigo, Gier, Turner, Chiavetta
Nays 0		
ADOPTED: THE SEPTEMBER 13TH TOWN BOARD MINUTES BE ACCEPTED

3) MONTHLY REPORTS
On a motion from Councilman Chiavetta, seconded by Councilwoman Turner, the following motion was 
Ayes 4 	Arrigo, Gier, Turner, Chiavetta
Nays 0		
ADOPTED: THE SUPERVISORS AUGUST 2006 FINANCIAL REPORT BE ACCEPTED

On a motion from Councilwoman Turner, seconded by Councilman Gier the following motion was 
Ayes 4 	 Arrigo, Gier, Turner, Chiavetta
Nays 0		
 ADOPTED: THE TOWN CLERKS SEPTEMBER FINANCIAL RECONCILIATION REPORT BE ACCEPTED

On a motion from Councilman Chiavetta, seconded by Councilwoman Turner the following motion was: 
Ayes 4 	 Arrigo, Gier, Turner, Chiavetta
Nays 0		
ADOPTED: THE JUSTICE RITZ AND GUGINO CLERKS SEPTEMBER FINANCIAL RECONCILIATION REPORT BE ACCEPTED

On a motion from Councilman Chiavetta, seconded by Councilman Gier, the following motion was 
Ayes 4  	 Arrigo, Gier, Turner, Chiavetta
Nays 0		
ADOPTED: THE SEPTEMBER CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ BY GARY BRECKER
Gary Brecker introduced property owner Russ Rusiniak and wife to the Board and Rusiniak spoke to the Board concerning plans for his property at 10355 Southwestern Blvd which includes clean up, and a recycling plant. Arrigo explained that he would need to apply to the planning board and then zoning board with a master plan. Rusiniak already attended a planning board meeting which did not have a quorum.  

On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was 
Ayes 4 	Arrigo, Gier, Turner, Chiavetta
Nays 0		
ADOPTED: THE SEPTEMBER DOG CONTROL OFFICERS REPORT BE ACCEPTED. 

On a motion from Councilwoman Chiavetta, seconded by Councilwoman Turner, the following motion was: 
Ayes 4 	 Arrigo, Gier, Turner, Chiavetta	
Nays 0		
ADOPTED:  THE POLICE CHIEF?S SEPTEMBER REPORT BE ACCEPTED AS READ BY CHIEF DAVE HOCK

On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was: 
Ayes 4		 Arrigo, Gier, Turner, Chiavetta	
Nays 0		
 ADOPTED: THE SEPTEMBER TOWN CLERKS REPORT BE ACCEPTED AS REVIEWED BY THEA ELLS

Joseph Gardyjan reviewed the September planning board agenda as there was no quorum. 

Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices.

 OLD BUSINESS:
1.	Memorial Park
LEGAL NOTICE TOWN OF BRANT REQUEST FOR BIDS:
Town of Brant requests bids for the Four Corners Streetscape Project at the Town of Brant Memorial Park, intersection of Route 249 and Brant-Reservation Road, Brant, New York the project is to include: 
	 
This contract will be funded wholly or partially with federal funds, and as such is subject to all federal rules and regulations pertinent thereto, including, but not limited to, federal policy of encouraging the participation of minority and women business enterprises as sources of suppliers, equipment, construction and services. 
The full text of the bid specifications may be inspected and copies obtained at the Brant Town Clerk?s Office (549-0282) during regular business hours. Bids will be opened Tuesday October 10, 2006 at 7:30 p.m. at the regular meeting of the Brant Town Board, Brant Town Hall, 1294 Brant North Collins Road, Brant, New York. Dated: September 13, 2006 By order of the Brant Town Board Thea Ells, Brant Town Clerk



Councilman Arrigo opened the bids received for the Memorial Park Project funded by CDBG funds? 
Division 1 - furnishing a street clock ? Verdan Clock Co. - $18, 9550.00
Division 2 - installing electrical materials and equipment ? Tim Clark - $1,000.00
Division 3 - placing and finishing concrete- Ahrens & Wells - $8,640.00 
The bids will be sent to the  E & M Engineer and then to EC Planning for approval. The Board may take action on these items at the workshop on Thursday October 12th.
2.	Surfside
The Town has received bids for the water extension on Surfside Drive; this extension was in the original water district plans but was not completed. The bids have been forwarded to E & M Engineers for approval and the Board will have a public hearing in the near future after the bookkeeper has contacted Evans National Bank and received rate information.  

3.	Proposed Local Law #4 &  Proposed Local Law #5
The Brant Town Board held a public hearing on these two proposals on September 13, 2006. 
 On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was: 
4 AYES- 0 NAYS:
Councilman Jeffrey Gier	         Voting Aye        
Councilwoman Turner	         Voting Aye
Councilman Arrigo		          Voting Aye
Councilman Chiavetta		Voting Aye
ADOPTED: TO ADOPT PROPOSED LOCAL LAW #4 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 WHICH IS IN ITS ENTIRETY IN THE SEPTEMBER 13TH MINUTES AND WILL BE IN EFFECT UPON FILING WITH THE NEW YORK SECRETARY OF STATE. 

The Board accepted comments from the residents; Lee Brunelli expressed concern that a property owner is not allowed even one (1) unregistered vehicle on the property.  There was discussion amongst the Board, residents, town attorney and as the code officer was not present to answer some considerations the following action was taken.
On a motion from Councilwoman Chiavetta, seconded by Councilwoman Turner, the following motion was: 
Ayes 4 	 Arrigo, Gier, Turner, Chiavetta	
Nays 0		
ADOPTED:  TO TABLE PROPOSE LOCAL LAW #5 

New Business
1.	CDBG Resolution
A public hearing was held on September 13 for consideration of projects to request for available CDBG grant monies and the Board decided to consider possible requests. 
RESOLUTION 101006-#26 CDBG SIGN
BE IT RESOLVED THAT Councilman Gier made a motion, seconded by Councilman Chiavetta, that as Deputy Supervisor of the Town of Brant, John D. Arrigo is hereby authorized and directed to sign, submit and execute a contract with Erie County Community Development Block Grant (ECCDBG) program for the following projects upon approval of ECCDBG.

1) Brant Senior Center Kitchen & Window Improvement Project, requesting $40,000.00 with a $20,000.00 match to be provided from Senator Dale Volker through a legislative member item.	
2) Village of Farnham Recreation Park/Playground Project ? Phase 1 Continuation - $90,000.00 request   
3) Rural Transit 
4 AYES- 0 NAYS:
Councilman Jeffrey Gier	         Voting Aye
Councilman Chiavetta         		Voting Aye
Councilwoman Turner	         Voting Aye
Councilman Arrigo		          Voting Aye

2.	Light  @ Senior Citizen Parking Lot
Deputy Supervisor Arrigo asked the Board members to approve the moving of the Street light at the end of the Town Park driveway at Route 249 and put a light in the parking lot for better light during night use.  Board members requested research into the costs and consideration of effect on neighbors? homes. 
3.	Refuse Contract
The Board members discussed the Refuse contract as it is to expire in December and every indication is that there will be a significant increase in the contract amount. The Board discussed some alternatives; recycle pick-up bi weekly, possible consolidation with Evans contract, and bidding out with options. Town Attorney, Bill Trask will be working on bid specifications for advertisement. 
    
4.	LSYF 
Representatives Mike Muffoletto and Chad Kaczmarek approached the board with preliminary plans for their use of the Town Park which included installation of large game field lights for extension of game time, and after some discussion also the possibility of a new concession stand and games on other days, and also a recommendation from them to open up the back area of the park for a parking lot in which they would put stone in. the Board members stated that they would need to meet with LSYF and review their plans.  Note: park and grounds committee is Gier & Turner

5. Halloween Hours      
On a motion from Councilwoman Turner, and seconded by Councilman Chiavetta the following was
Ayes 4 	 Arrigo, Gier, Turner, Chiavetta 
Nays 0	
ADOPTED: HALLOWEEN SHALL BE OBSERVED TUESDAY OCTOBER 31ST, 2006 ONLY BETWEEN THE HOURS OF 6:00  PM AND 8:00  PM FOR ?TRICKS OR TREATS?; RESIDENTS ARE REQUESTED TO LEAVE AN OUTSIDE LIGHT ON BETWEEN THESE HOURS TO HELP INSURE THE SAFETY OF OUR CHILDREN AND TO SHOW WILLINGNESS TO PARTICIPATE IN THE CELEBRATION OF HALLOWEEN.
 
6.	Halloween Party
On a motion from Councilman Chiavetta, and seconded by Councilwoman Turner the following was
Ayes 4 	 Arrigo, Gier, Turner, Chiavetta 
Nays 0	
ADOPTED: TO HOLD A HALLOWEEN PARTY AT THE BRANT TOWN PARK ON SUNDAY OCTOBER 29 FROM 5:00 PM ? 8:00 PM THE PROCEEDS FROM THE POP MACHINE IN THE TOWN HALL WILL BE USED FOR EXPENSES, AND IT WILL BE RUN BY VOLUNTEERS (VOLUNTEERS NEEDED), FROM THE TOWN, RECREATION DEPT., AND THE VILLAGE.  

7.	Reduce Speed Railroad Ave.
The Board reported that the Police Dept is running radar randomly for a report back to the town and Gier has been in contact with Trustee Schilling. 

8.	Police Officer hiring request
Discussion took place between Chief David Hock and the Board members concerning his problem with filling the schedule with the officers available on the active roster and staying with the constraints of civil service requirements. Chief Hock reported that he has received the resignation of Michael Green and has put Officer Sam Pinto on the reserve list so he can perform his duties as court bailiff. There was discussion concerning civil service requirements for bailiff and there will be an inquiry made. Hock requested the approval of three officers. 
On a motion from Councilman Chiavetta, and seconded by Councilwoman Gier the following was
Ayes 4 	  Arrigo, Gier, Turner, Chiavetta 
Nays 0		   
ADOPTED: TO APPOINT SAM PINTO AS COURT BAILIFF 
On a motion from Councilman Chiavetta, and seconded by Councilwoman Gier the following was
Ayes 3 	  Gier, Turner, Chiavetta 
Nays 1		   Arrigo
ADOPTED: APPROVE APPOINTMENT OF OFFICER RE? BIASTRE AND OFFICER JASON MILLER TO THE ACTIVE ROSTER AS PART TIME PATROLMEN AT THE SAME RATE OF PAY AS OTHER OFFICERS 



9.	Winter Recreation
The Board had discussion concerning having a winter recreation program and would like more information before moving forward.

	Meeting & Correspondence 
The Board announced that they would be holding a budget workshop on Wednesday October 18th at 7:00 PM.  
No Councilman reports at this time. 

APPROVAL OF ABSTRACT   
  
On a motion from Councilman Chiavetta, and seconded by Councilwoman Turner the following was
Ayes 4 	 Arrigo, Gier, Turner, Chiavetta 
Nays 0	

ADOPTED: TO APPROVE THE OCTOBER ABSTRACT AS SHOWN FOR PAYMENT: 
 
General Fund Town wide 
Vouchers 437-472
Totaling: $23594.20

Street lighting
Voucher 10
Totaling: $ 2,050.09

General Fund ? Part Town
Vouchers 25-27
Totaling: $8,189.10	

Highway Town wide
Vouchers 72-81
Totaling: $5,144.35	

Highway Part Town
Voucher 23-26
Totaling: $36893.95	 

General Town wide ? Payroll 
8/28/27-9/22
Totaling: $24750.21 

General Fund Part town Payroll ? 336.86	

Highway Payroll Totaling:  $6692.63
Note for payroll**8/28-9/22 	

Acknowledgement of Visitors: 
Marty Rosiek had comments to the Board concerning proposed LL#5 and if it states the intention of the Board clearly. Rosiek had questions to the Board concerning public input in regards to the tentative budget, he questioned that a copy was not available for public viewing.  Arrigo responded that it was in all respects a worksheet and the preliminary would be available soon. 
Lee Brunelli questioned the wording of Proposed LL#5 in regards to property owners having only one saleable vehicle and if the intent was to not allow a unregistered vehicle on the property.  The Board responded that the intent was to put a limit on front yard usage specifically naming vehicles. There was discussion concerning proposed LL#5 
THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED.

After some discussion and on the recommendation of Attorney Trask the following resolution was approved: 
 A motion from Councilman Gier, and seconded by Councilman Chiavetta the following was
motion was: 
4 AYES- 0 NAYS:
Councilman Jeffrey Gier	         Voting Aye 
Councilman Chiavetta		Voting Aye
Councilwoman Turner	         Voting Aye
Councilman Arrigo		          Voting Aye
ADOPTED: RESOLUTION TO APPROVE THE CREATION OF A POLICE RESERVE LIST 
		Adjourn 
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 4 	 Arrigo, Gier, Turner, Chiavetta
Nays 0		
ADOPTED: TO ADJOURN THE OCTOBER 10th TOWN BOARD MEETING AT 9:15 PM
Respectfully submitted,

Thea A. Ells
Brant Town Clerk