Minutes of the regular meeting of the Brant Town Board at 8:00 PM, at the Brant Town Hall, held April 13, 2004, at, 1294 Brant-North Collins Rd, Brant, New York. There were present: Supervisor Samuel J. Chiavetta Councilman Martin Rosiek Councilman John Arrigo Councilman Leonard Pero Attorney John Grennell ABSENT: Councilman Eugene Czyz Recording Secretary: Thea Ells Town Clerk Also present were: Joseph Gardyjan, Planning Board Chairman Lee Brunelli, resident George Cordia, Village Trustee Neal Wilson, Planning Board Bill Henry, ZBA alternate Charles Arrigo Sherry Hughes, The Sun Joseph Giambrone, Highway Super. William Wesp, Dept. Highway Sup. Diane Czyz, Supervisor, Sect. Wayne Falk, Chief of Police Gary Brecker, Building Inspector John Lehman, resident Thomas Bowman Jr., Pro Shop Arlene Wilcox Betty O?Donnell, resident Mark Hageman John J. O?Donnell Jr., resident Brenda Giacchino Judy Ann Palmer Ed Dion, resident Robert L. Palmer Dolly Dion, resident Tom Banzer The meeting was opened with a pledge to the flag led by Supervisor Chiavetta. Councilman Rosiek made a motion; seconded by Councilman Arrigo to accept the minutes of the Town Board meeting of March 9, 2004 as submitted by the Town Clerk. MOTION CARRIED: MINUTES APPROVED A motion was made by Councilman Rosiek, seconded by Councilman Arrigo to accept the Supervisors Financial report for the month of February as submitted. MOTION CARRIED: SUPERVISORS FINANCIAL REPORT ACCEPTED A motion was made by Councilman Rosiek and seconded by Councilman Arrigo to accept the Town Clerk?s (tax accounts included & copy of warrant & copy of Town Pd & county Payment) Report March 2004. MOTION CARRIED: TOWN CLERKS FINANCIAL RECONCILIATION REPORT ACCEPTED A motion was made by Supervisor Chiavetta and seconded by Councilman Pero to accept The Court Clerks Financial Reconciliation Report March 2004. MOTION CARRIED: COURT CLERKS FINANCIAL RECONCILIATION REPORT ACCEPTED Code Enforcement Officer Gary Brecker read from his March 2004 reports. A motion was made by Councilman Pero and seconded by Councilman Rosiek to accept the report. MOTION CARRIED: CODE ENFORCEMENT OFFICER?S REPORT ACCEPTED A motion was made by Councilman Rosiek to accept the Dog Control Officer?s report as Submitted, and read by Supervisor Chiavetta for the month of March, seconded by Councilman Arrigo. MOTION CARRIED: DOG CONTROL OFFICER?S REPORT ACCEPTED A motion was made by Councilman Pero, seconded by Councilman Arrigo to accept the Police Chiefs report as submitted and read by Supervisor Chiavetta for the month of March. MOTION CARRIED: POLICE CHIEF?S REPORT ACCEPTED A motion was made by Supervisor Chiavetta to accept the Planning Report for the monthly meeting on March 23, 2004, seconded by Councilman Rosiek. MOTION CARRIED: PLANNING BOARD MINUTES ACCEPTED Supervisor Chiavetta mentioned the Water District update from R&D Engineering and their schedule for the upcoming months. Last year the Board approved a professional service contract with R&D, Erie County Water Authority and the Various Towns involved, that each would pay their appropriated portion. Supervisor Chiavetta asked that this be repeated and that Erie County Water Authority be sent a copy for verification. Councilman Rosiek made a motion for The Town of Brant to authorize confirmation to Erie County Water Authority to pay proportioned amount for the Town of Brant and for the Town to reimburse Erie County Water Authority. Motion was seconded by Councilman Arrigo. MOTION CARRIED: ERIE COUNTY WATER AUTHORITY Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda. Betty O?Donnell asked the board if now that the Master Plan was complete, are there plans to reexamine the code book and she asked for verification of state mandates for permits. Joe Gardyjan mentioned stiffer laws for roadside dumping. Bill Henry inquired as to the availability of the Code Officer and office hours. John Lehman had concerns about trucks on Ellis Road. Supervisor Chiavetta read a Proclamation for Municipal Clerks Week May 2- 8, 2004, Supervisor Chiavetta made a motion to approve the Proclamation as read, seconded by Councilman Pero. A roll call vote was taken: Supervisor Samuel J. Chiavetta Jr. Voting Aye Councilman Leonard Pero Voting Aye Councilman Martin Rosiek Voting Aye Councilman John Arrigo Voting Aye 4 Ayes and 0 Nays. MOTION CARRIED: MUNICIPAL CLERKS WEEK RECOGNIZED Councilman Rosiek made a motion to approve payment of expenses incurred in obtaining a 501C3, motion was seconded by Councilman Arrigo. A roll call vote was taken. Councilman Martin Rosiek Voting Aye Councilman John Arrigo Voting Aye Councilman Leonard Pero Abstained Supervisor Samuel J. Chiavetta Jr. Voting Aye 3 Ayes and 0 Nays 1 Abstention RESOLUTION ADOPTED: PAY EXPENSE ASSOCIATED WITH 501C3 Councilman Arrigo moved the Brant Board request the State of New York, Department of Transportation to investigate and report to the Town Board as to the findings of the study in an effort to reduce the speed from a 55 mph zone to 45 mph zone on Versailles Plank Road between Cain Road and The Cattaraugus Reservation Line. The resolution was seconded by Councilman Pero. A roll call vote was taken: Councilman John Arrigo Voting Aye Councilman Leonard Pero Voting Aye Councilman Martin Rosiek Voting Aye Supervisor Samuel J. Chiavetta Jr. Voting Aye 4 Ayes and 0 Nays RESOLUTION ADOPTED: STUDY ON VERSAILLES PLANK FOR SPEED REDUCUCTION Councilman Arrigo moved that the Board of the Town of Brant adopt the following Resolution to express the following: WHEREAS, THE New York State Department of Transportation (NYSDOT) has been studying traffic flow and safety on Route 5 from Old Big Tree Road to Old Lake Shore Road in Hamburg, for some time, and WHEREAS, The Town of Evans consistently throughout said study expressed serious concerns regarding any alternative that reduces the configuration of the highway to three lanes, and WHEREAS, the NYSDOT has recently stated a temporary repavement and realignment of said stretch of highway from four lanes to three- two lanes northbound toward downtown Buffalo and one lane southbound, along with a center left turn lane, and WHEREAS, the NYSDOT has stated that this will be a temporary fix until the road undergoes reconstruction in several years and this work will serve as a test of one of the alternatives being studied for the total reconstruction, and WHEREAS, although the Town of Brant understands the need for repaving and testing this alternative, we have serious concerns regarding the duration of the realignment period. NOW THEREFORE BE IT RESOLVED, that the Town of Brant expresses its strong opposition to a test period exceeding the duration needed for temporary repairs and a reasonable time for collection of data, and BE IT FURTHER RESOLVED, that Route 5 needs five lanes, 4 lanes for traffic, two north and two south with a center turning lane one half mile north and south of each intersection and crossroads, similar to what currently exists in the Derby commercial district of Route 5. BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the NYSDOT, Assemblyman Richard Smith and Senator Dale Volker. The following resolution was duly seconded by Councilman Pero. A roll call vote was taken: Councilman John Arrigo Voting Aye Councilman Leonard Pero Voting Aye Councilman Martin Rosiek Voting Aye Supervisor Samuel J. Chiavetta Jr. Voting Aye 4 Ayes and No Nays RESOLUTION ADOPTED: BRANT OPPOSSES LENGHTY STUDY ON RECONFIGURATION OF Route 5 The following resolution was offered by Councilman Rosiek of the Town of Brant, who moved its adoption: Be It Resolved: That The Town Board of Brant does hereby authorize Supervisor Chiavetta 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 was seconded by Councilman Arrigo and duly put to a vote, as follows: Councilman Martin Rosiek Voting Aye Councilman John Arrigo Voting Aye Councilman Leonard Pero Voting Aye Supervisor Samuel J Chiavetta Jr. Voting Aye Ayes: 4 Noes:0 RESOLUTION ADOPTED: SUPERVISOR TO SIGN NYS UNIFIED COURT GRANT Councilman Arrigo made a motion to adopt the following resolution in regards to deployed military personnel and tax payments, WHEREAS, by reason of the enactment of § 925-d of the Real Property Tax Law, a municipal corporation to which real property tax is owed is authorized, by passing a local resolution, to extend any deadline with respect to the payment of such real property tax without penalties or interest where said tax is owed by a person who has been deployed by the military, or by the spouse or domestic partner of such deployed person, for real property of such deployed person, and; WHEREAS, a "person deployed by the military" is defined in RPTL § 925-d to mean a person who has been ordered to active military duty, other than training, for the period beginning with a declaration of war by Congress and ending with a date prescribed by Presidential proclamation or concurrent resolution of Congress or during any periods of combat designated by presidential executive order or hazardous duty, and; WHEREAS, where authorized by local resolution, the extension of the real property tax payment deadline is for a period of ninety days following the end of such person?s deployment by the military. NOW, THEREFORE, BE IT RESOLVED, that with respect to real property tax owed by a person who has been deployed by the military, or by the spouse or domestic partner of such person, for real property of a person so deployed, any deadline with respect to the payment of such real property tax without penalties or interest shall be extended for a period of ninety days after the end of such deployment. A roll call vote was taken: Councilman Arrigo Aye Councilman Pero Aye Councilman Rosiek Aye Supervisor Chiavetta Aye AYES 4 NOES 0 RESOLUTION ADOPTED: PATRIOT PLAN The following resolution was offered by Councilman Rosiek who moved for its adoption in support of the elimination of the sunset provision in order to make the LGRMIF and the CEF permanent; Whereas, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York?s more than 4300 local governments, and Whereas, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and Whereas, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and Whereas, the New York State Legislature in 1995 twice has extended the sunset date, most recently to December 31, 2005, and Whereas, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and Whereas, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and Whereas, Town of Brant has benefited from technical assistance, training, publications and 12 grants totaling $63,477.00, supported by the LGRMIF, and Whereas, the State Legislature created the closely-related Cultural Education Fund (CEF to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date, and Whereas, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of Town of Brant, and to the cultural and scientific needs of the people of New York State, therefore Be it resolved that the Town of Brant supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent. This Resolution was duly seconded by Councilman Pero and put to a vote, as follows: Councilman Martin Rosiek AYE Councilman Leonard Pero AYE Councilman John Arrigo AYE Supervisor Samuel Chiavetta AYE Ayes: 4 Noes:0 RESOLUITON ADOPTED: BRANT SUPPORTS ELIMINATION OF SUNSET PROVISION Supervisor Chiavetta read from an advertisement for a family event at the school on Saturday May 8th, encouraging families to participate. There was discussion about a proposal for bids on the removal of trees and bushes at Memorial Park. Supervisor Chiavetta made a motion, seconded by Councilman Pero to approve use of the Community Building for Friends of the Park, May 4th, in the evening for a meeting. MOTION CARRIED: FRIENDS OF THE PARK/COMMUNITY BUILDING May 4th Councilman Rosiek made a motion to approve the Farnham Fire Dept. Softball team to use the Recreation Building Gym for inclement weather on Monday and Thursday evenings in April. The motion was seconded by Supervisor Chiavetta. MOTION CARRIED: FARNAHM SOFTBALL TEAM APPROVED FOR USE OF GYM Meeting set for Farmland Viability Program on April 21st. The board discussed the playground equipment and placement of the new swing set. There was comments about which grants might be available and for which areas of the park. Quotes are to be gotten for repaving the basketball and tennis courts, roofs on shelters, and painting of the pool. Councilman Rosiek made a motion to approve the appointment of Michele Browning as temporary part time court clerk, per request from Judge Gugino, seconded by Councilman Arrigo. MOTION CARRIED: M. BROWNING TEMP. PART TIME COURT CLERK Supervisor Chiavetta announced the Association of Erie County Governments monthly meeting is being held on Thursday April 22, 2004 in Elma. Also the Institute of Local Government and Regional Growth Forum is having a meeting on April 30, 2004 in Elma at 8:00 AM. Town Clerk, Thea Ells, reported to the board that everything is going well for the Web page, and that she has figures for the cost of hooking up to Adelphia Power Link and networking all the offices in the Town Hall. Her office has sent out requests to all the departments of the Town to supply them with department and job descriptions for the web page. The town clerk was also requesting for a board member to assist with various meetings and with setting protocol for e-mail and internet use by town employees and possibly setting up a web committee. Councilman Pero offered his assistance. Supervisor Chiavetta made a motion to publicize for bids on the Brant Town Park Wading Pool improvements and to make public that the project shall include handicap accessibility and that the project will be funded in part through the Federal Community Development funds. Bids will be opened at the May 11 meeting at 8:15 pm. Motion seconded by Councilman Rosiek. MOTION CARRIED : TO PUBLICIZE BID OPENING The recreation committee did not have a report yet and interviews will be conducted over the next few weeks. Councilman Pero made a motion to duly adopt the following proposed Local Law #1 for 2004 for which there was a public hearing on February 2004.