TOWN BOARD MINUTES 11/14/06


Minutes of the regular meeting held on Tuesday November 14, 2006 of the Brant Town Board at 7:00 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:									
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				Dave & Christine Gierlinger 
Charles Arrigo  					Lee Brunelli
Butch Kijek						Kirk Ritz 
Dan Kujawinski					Michael & Barbara Daniel		
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.

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: JULY 6 WORKSHOP, JULY 22 TOWN FORUM, AUGUST 3 WORKSHOP, SEPTEMBER 7 SURFSIDE EXT. BID OPEN WORKSHOP, OCTOBER 5 TENTATIVE BUDGET & WORKSHOP, OCTOBER 10 TOWN BOARD W/CDBG MEM. PARK BID OPENING, OCTOBER 12 WORKSHOP, OCTOBER 18 WORKSHOP, OCTOBER 25 WORKSHOP MINUTES BE ACCEPTED

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

Budget Modification
On a motion from Councilman Chiavetta, seconded by Councilman Gier the following BUDGET MODIFICATION RESOLUTION 111406-#29 for the period ending September 30th, 2006 was approved:
4 AYES- 0 NAYS:
To increase the 2006 Estimated Revenues and Appropriations Budget and the related revenue and 
 expenditure accounts per the Erie Cty PB Grant received for recreation equipment. 
 							 
 $       112.00 	 increase 	A510	Estimated Revenues			 
 $      (112.00)	 increase 	A960	Appropriations			 
 							 
 $       112.00 	 increase 	A2089.1	Erie Cty PB Grant-Recreation Equipment	 
 $      (112.00)	 increase 	A7020.41	Recreation Admin-Contr Expend Grant	 
 	 	 	 	 	 	 	 
							
 $           4.00 	from	A1110.12	Court Clerk-Pers Serv(Gugino)		
 $          (4.00)	to	A1110.41	Muni Court-Contr Expend(Gugino)	
							
 $       129.00 	from	A1355.2	Assessment-Equip & Cap Outlay	
 $      (129.00)	to	A1355.4	Assessment-Contr Expend		
							
 $         15.00 	from	A1990.4	Contingent Account			
 $        (15.00)	to	A1660.4	Central Storeroom-Contr Expend	
							
 $       236.00 	from	A1990.4	Contingent Account			
 $      (236.00)	to	A5010.4	Highway Admin-Contr expend		
							
 $       500.00 	from	A7020.4	Recreation-Contr Expend		
       2,415.00 	from	A1990.4	Contingent Account			
 $    (2,915.00)	to	A7020.1	Recreation Admin-Pers Serv		
							
 $       326.00 	from	A7110.1	Parks-Pers Serv			
 $      (326.00)	to	A7110.4	Parks-Contr Expend			
							
 $     1,000.00 	from	A7180.4	Pool-Contr Expend			
       4,320.00 	from	A1990.4	Contingent Account			
 $    (5,320.00)	to	A7180.1	Pool-Pers Serv			
							
							
 $       423.00 	from	A7410.4	Library-Contr Expend			
 $      (423.00)	to	A7270.4	Band Concerts-Contr Expend		
							
 $         20.00 	from	A7410.4	Library-Contr Expend			
 $        (20.00)	to	A7550.4	Celebrations-Contr Expend		
							
General Fund Part Town
							
 $       220.00 	from	B1990.4	Contingent Account			
 $      (220.00)	to	B4540.41	Ambulance-Contr Expend(No. Collins)	



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

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

On a motion from Councilman Gier, seconded by Councilman Chiavetta, the following motion was 
Ayes 4  	 Arrigo, Gier, Turner, Chiavetta
Nays 0		
ADOPTED: THE OCTOBER CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ BY GARY BRECKER
Gary Brecker attached a notice sent to known independent truckers who work out of their homes in the Town of Brant, and to be published that on Wednesday November 29th there would be a meeting with Town officials. 

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

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

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

On a motion from Councilman Gier, seconded by Councilman Chiavetta, the following motion was: 
Ayes 4		 Arrigo, Gier, Turner, Chiavetta	
Nays 0		
 ADOPTED: APPROVAL TO ESTABLISH A $30.00 POSTAGE PETTY CASH FOR THE TOWN CLERKS OFFICE

On a motion from Councilwoman Turner, seconded by Councilman Chiavetta, the following motion was: 
Ayes 4		 Arrigo, Gier, Turner, Chiavetta	
Nays 0		
 ADOPTED: Approval of disposal of the following records which are beyond their retention period, Records management Officer will file the disposition record forms for each group: 
	dog licenses from 2000 & 2001
	bingo receipts 2000 & 2001
	Tax receipts 2000-2001 these have been audited
	Handicap permit applications from 2001-2003 
These records will be shredded and disposed of upon approval.  

On a motion from Councilman Gier, seconded by Councilman Chiavetta, the following motion was: 
Ayes 4		Arrigo, Turner, Chiavetta	
Nays 0		
ADOPTED: THAT THE PLANNING BOARD OCTOBER 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.

 OLD BUSINESS:
1.	Memorial Park
Deputy Supervisor Arrigo reported to the Board that the concrete work at the park was complete and that he would purchase the lights as soon as the size was verified. 
On a motion from Councilman Gier, seconded by Councilman Chiavetta, the following motion was: 
Ayes 4		 Arrigo, Turner, Chiavetta	
Nays 0		
ADOPTED: TO AWARD MEMORIAL PARK CDBG PROJECT DIVISION TO FURNISH AND DELIVER ONE CLOCK TOWER AS SPECIFIED IN THE BID SPECIFICATIONS APPROVED BY GLEN COLLEY OF E & M ENGINEERS AND MARK LEE OF ERIE COUNTY PLANNING BOARD AND SUBJECT TO REVIEW AND APPROVAL OF THE BRANT TOWN ATTORNEY FOR THE LUMP SUM OF $18,995.00.   

2.	Proposed Local Law #5
The Brant Town Board held a public hearing on proposed LL #5 on September 13, 2006. 
 On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was: 4 AYES- 0 NAYS:
ADOPTED: TO TABLE PROPOSED LOCAL LAW #5 TO THE DECEMBER MEETING   

3.	Refuse Contract
WHEREAS: The TOWN OF BRANT, New York (hereinafter ?TOWN?) and the VILLAGE OF FARNHAM, New York (hereinafter ?VILLAGE?) accepted sealed bids for the furnishing of all labor, equipment, permits, services, insurances and supervision necessary for the collection, hauling and disposal of Mixed Municipal Solid Waste and specified items and materials and the collection, hauling and processing of Recyclables and specified items and materials from the TOWN and in accordance with the terms and conditions described in the bid specifications, and  

WHEREAS: Sealed bids were received and publicly opened and officially recorded as received by the Town Clerk at 2:00 P.M., local time, on November 2, 2006, at the office of the Town Clerk, 1294 Brant-North Collins Road, Brant, New York 14027 as follows:
Westfield Disposal: $159.24 per household annual $143,316.00 Town & Village
Allied Waste:           $176.76 per household annual $159,084.00 Town & Village
WHEREAS: Waste Management bid does contain the applicant?s completed Certificate of Non-Collusion, Waiver of Immunity, in form set forth in the bid specifications.  Waste Management shall accompany a bid bond, certified funds or other acceptable security in favor of the ?Town of Brant and Village of Farnham? in an amount equal to 5% of the annual contract bid amount. This shall be completed in a timely fashion, and the named municipalities shall receive Insurance certificates naming the Town of Brant and Village or Farnham respectively along with signed contracts approved by the Town Attorney William J. Trask Sr., and  

THEREFORE: On a motion from Councilman Gier, seconded by Councilman Chiavetta, the above 111406-#30 Resolution was voted on as follows 
4 AYES- 0 NAYS:
Councilman Jeffrey Gier	         Voting Aye
Councilman Chiavetta		Voting Aye
Councilman Arrigo		          Voting Aye
Councilwoman Turner	         Voting Aye
ADOPTED: TO AWARD THE 2007 REFUSE CONTRACT FOR THE TOWN OF BRANT TO WESTFIELD MANAGEMENT AND AUTHORIZE DEPUTY SUPERVISOR JOHN D. ARRIGO TO SIGN THE CONTRACT.  

4.  Jeff Gier is looking into price on changing light at entrance to Brant Park on Brant Farnham Road and the large parking lot.

5.	NYS Archives Grant ? Supervisors Office
Grants for Active Records 2006-2007

 #1- Active files ? Supervisor Project # 0580-07-7437 - $13,971.00 Supervisor
Total Amount of Grant     	13,971.00  
Amount Rec?d    8/05    	 6,985.00
Balance of Grant		 6,985.00
Will apply for $ 10/06          (5588.40) Thea applied for 5615.00 & rec?d 5588. on 11/06/06
#2 ? Active files- Code Book Project # 0580-07-7442 ? $5,211.00 Code Book
Total Amount of Grant    	5,211.00
Amount Rec?d			2,605.00
Balance of Grant 		2,605.00
Will apply for $ 10/06	(2084.40) Thea applied for 2080.& rec?d 2084.00 on 11/06/06

Thea Ells gave the above report along with the quote for the cabinets form ASR and asked for approval to sign voucher. 
On a motion from Councilman Gier, seconded by Councilman Chiavetta, the following motion was: 4 AYES- 0 NAYS:
ADOPTED: TO APPROVE THEA ELLS TOWN CLERK TO SIGN VOUCHER FOR THE ORDER OF 5 FILE CABINETS FROM ASR SYSTEMS GROUP FOR $8162.69  

6.	Halloween Party
Deputy Supervisor Arrigo reported that the Halloween Party was a success thanks to all who volunteered and a good attendance was reported. Arrigo thanked all those who helped.




7.	Flu Shot Clinic
Deputy Supervisor Arrigo reported that we had over 100 people attend the clinic, and hopefully we will be on the list to have one next year. 	

New Business
1. Quality Communities Grant Application Resolution  

WHEREAS:  the Town of Brant, in collaboration with the Village of Farnham, seeks grant monies to undertake a Community Center Program for the purpose of conducting an Economic Development Study for Routes 5 and 20 

WHEREAS the components of the Community Center Program will include developing a community center vision, identifying an economic and market niche, preparing an implementation strategy consistent with such a vision and niche; establishing sustainable organizational capacity to implement the strategy and implementing the strategy consistent with Quality Communities Principles.
WHEREAS:  the Town of Brant, in collaboration with the Village of Farnham is committed to protecting the best interests of the commercial and economic viability of Routes 5 and 20.
WHEREAS: the Town of Brant, in collaboration with the Village of Farnham, supports the creation of a Community Center Program to develop an Economic Development Study and understands that the Town of Brant will serve as the lead agency for the purposes of securing and administering this grant, 
WHEREAS:  the Town of Brant and the Village of Farnham will equally share the required cash match required by the Quality Communities Grant should the grant application be awarded, in an amount not to exceed 20% of the total project cost, which is $8,000 or $4,000 per municipality; and
WHEREAS:  the Brant Town Board endorses and supports the Quality Communities grant application for an Economic Development Study of Routes 5 and 20
NOW, THEREFORE BE IT RESOLVED, that Town Supervisor Leonard K. Pero or in his absence the named Deputy Supervisor is authorized to sign and submit an application to the Department of State under the 2006-2007 Quality Communities Program for Environmental Protection Funds, and if funded, to execute all administrative and financial processes related to an Economic Development Study for Routes 5 and 20 in collaboration with the Village of Farnham.
Quality Communities Grant Application 114106-#32 Resolution offered by Councilman Gier and seconded by Councilman Turner:
 3 AYES- 1 NAYS
Councilman Gier	           	 Voting     Aye
Councilwoman Turner	           Voting     Aye
Councilman Arrigo	          		 Voting     Nay
Councilman Chiavetta	         	 Voting     Aye
Supervisor Leonard K. Pero    	 Absent

	2. STOP DWI Contract Resolution 
On a motion from Councilman Gier, seconded by Councilman Chiavetta, the above 111406-#31 Resolution was voted on as follows 
4 AYES- 0 NAYS:
Councilman Jeffrey Gier	         Voting Aye
Councilman Chiavetta		Voting Aye
Councilman Arrigo		          Voting Aye
Councilwoman Turner	         Voting Aye
RESOLVED THAT THE TOWN OF BRANT ENTER INTO A CONTRACT WITH THE COUNTY OF ERIE TO ENSURE EFFORTS TO REDUCE ALCOHOL-RELATED TRAFFIC INJURIES AND FATALITIES BY ENGAGING IN CERTAIN ALCOHOL TRAFFIC SAFETY ENFORCEMENT ACTIVITIES WITHIN OUR MUNICIPALITY INCLUDING THE DETECTION AND ARREST OF PERSONS OPERATING A MOTOR VEHICLE IN VIOLATION OF SECTION 1192, SECTION 511(2) (A) (II) OR (III) OR SECTION 511(3))(I) OF THE VEHICLE AND TRAFFIC LAW.

WHEREAS, The Town of Brant has participated in the Stop-DWI program in the past, and

WHEREAS, it is necessary for the Town of Brant to submit a original signature resolution,

NOW, THEREFORE, it is 

RESOLVED, that the Town of Brant does hereby desire to enter into a contract with the County of Erie for the year 2006-2007 in order to help reduce alcohol-related traffic injuries by the Stop-DWI Program.

BE IT FURTHER RESOLVED that copies of this Resolution be sent to the County of Erie with supporting documents. 

2007 Budget of the Town of Brant 
Deputy Supervisor Arrigo presented the attached budget with the following additions:
A1440.4 ? Engineer Contractual Expenses at $3,000.00
A1480.4 ? Professional Services ? Grant Writer at $7,500.00
A5410.2 ? Sidewalks new line item at $9,000.00
Arrigo asked for approval of the budget showing a $1,527,543.00 for Total Appropriations with $787,400.00 to be raised by real property taxes. 
On a motion from Councilwoman Turner, seconded by Councilman Gier , the following motion was: 4 AYES- 0 NAYS:
ADOPTED: APPROVAL OF TOWN OF BRANT BUDGET FOR FISCAL YEAR ENDING DECEMBER 31ST 2007. 
     
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 NOVEMBER ABSTRACT AS SHOWN FOR PAYMENT: 
Abstract 11 
General Fund Town wide 
Vouchers 474-523
Totaling: $23,184.37 void # 473

Street lighting
Voucher 10
Totaling: $ 2,192.48

General Fund ? Part Town
Vouchers 28-30
Totaling: $9,824.54

Highway Town wide
Vouchers 83-88
Totaling: $2,658.04	

Lotus Bay Sewer Dist #1 
Voucher 2
Totaling $ 4,900.00

Highway Part Town
Voucher 27
Totaling: $1,880.97	 

Brant Farnham Sewer Dist
Voucher 2
Totaling: $12,575.00

General Town wide ? Payroll 
10/20/06-11/3/06
Totaling: $23,120.77 

General Fund Part town Payroll ? 341.70
	
Highway Payroll Totaling:  $6378.58Note for payroll**10/20/06-11/3/06 

Capital Fund Project 
Voucher 1
Totaling: $32,294.16

Acknowledgement of Visitors: 

THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED.

	Dan Kujawinski thanked John Arrigo filling in, in Supervisor Pero?s absence. Kujawinski expressed his concern with the method of determining raises and questioned if the Board was setting a precedent.  Kujawinski asked why the Acknowledgement of Visitors is now at the end of the meeting instead of sooner as was always the practice of the Board.  
Christine Gierlinger questioned if there were answers yet as to the Judges expenses being over, and recommended the use of ledgers for a better record of expenses for department heads.
Kirk Ritz stated to the board that in their approved budget there was still a 6% increase for the Judges and the rest of the workforce should have received more. Ritz told the Board that he has tried to contact Gary Brecker the Code Officer with questions concerning Airplane and airport regulations in the Town of Brant.  
   	 
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 NOVEMBER 14th TOWN BOARD MEETING AT 8:30 PM
Respectfully submitted,

Thea A. Ells
Brant Town ClerK