May 2004 Town Board Minutes

Minutes of the regular meeting of the Brant Town Board at 8:00 PM, at the Brant Town Hall, held May 11, 2004, at, 1294 Brant-North Collins Rd, Brant, New York.

There were present:

Supervisor Samuel J. Chiavetta
Councilman Martin Rosiek
Councilman Eugene Czyz	
Councilman Leonard Pero			
Councilman John Arrigo
Attorney John Grennell
Recording Secretary: Thea Ells Town Clerk

Also present were:
Joseph Gardyjan, Planning Board Chairman			Lee Brunelli, resident 	
George Cordia, Village Trustee				Charles Arrigo, resident
Bill Henry, ZBA alternate					Joseph Giambrone, Highway Super.
William Wesp, Deputy Highway Sup.			Diane Czyz, Supervisor, Sect.
John Lehman, resident					Gary Brecker, Building Inspector
Sherry Hughes, The Sun 					Thomas Bowman Jr., Pro Shop
Alice Escott, Town Crier					Julie Sager, Court Clerk 			
Ed Dion, resident						Herman Ciminesi, resident
Dolly Dion, resident						Joe DeMaria, resident
John Borchert							Karen Maybee
Kirk Ritz, resident						Tim Mead, LSY Football rep.
Debra Ritz, Town Justice							
The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.
Supervisor Chiavetta announced that the Town had advertised for two bid openings, one for an employee handbook at 8:00 pm. The advertisement ran in the Town Crier the week of March 31, 2004 as follows: INVITATION TO SUBMIT PROPOSALS: Employees Handbook
	The service provider will develop an employee?s handbook for employees of the Town of Brant with the following services to be provided:
	1.  Review of employee benefits, personnel policies, procedures and established practices.
	2.  Interview Town personnel to review current policies and procedures and established past practices and ascertain the need for additions and modifications to current policies, procedures and practices.
	3.  Provide draft of handbook for review by designated Town Officials with the draft to include but not be limited to table of contents, personnel policies and procedures, work rules, operational hours, employee classification, benefits and other subjects as requested by the Town.
	4.  Provide one master copy of the finalized Employees Handbook with updates when requested by the Town or when a compliance change occurs at no additional cost for a period of one year from the signing of agreement by the provider and the Town.

Sealed proposals will be received by the Town Board of the Town of Brant on behalf of the Town of Brant at the Town Hall, 1294 Brant-North Collins Rd., Brant NY 14027 up to 8:00 p.m. eastern standard time, May 11, 2004.   The Town of Brant reserves the right to reject any and all bids for any reason or to waive any informalities in proposals.  Proposals shall be submitted in a sealed envelope showing vendor's name and address to Thea Ells, Town Clerk on or before the bid opening time.  

	All proposals must remain in effect for 45 days after the bid opening date.  Submitters will not be allowed to take advantage of any errors or omissions.   The Town will not be bound by any informal explanation, clarification or interpretation oral or written by whosoever made that is not incorporated in the contract documents.

The Town Clerk, Thea Ells, reported to the board that she had not received any bids. The second bid opening would be at 8:15 for the wading pool repairs.

Councilman Pero made a motion; seconded by Councilman Rosiek to accept the minutes of the Town Board meeting of April 13, 2004 as submitted by the Town Clerk. 

	 A motion was made by Councilman Rosiek, seconded by Councilman Arrigo to accept the Supervisors Financial report for the month of March and a corrected February report as submitted. 

A motion was made by Councilman Rosiek and seconded by Councilman Arrigo to accept the Town Clerk?s (tax accounts included & monthly report) Report April 2004.

A motion was made by Councilman Rosiek and seconded by Councilman Pero to accept the Court Clerks Financial Reconciliation Report March 2004. 

Code Enforcement Officer Gary Brecker read from his April 2004 reports. A motion was made by Supervisor Chiavetta and seconded by Councilman Pero to accept the report.     

A motion was made by Councilman Czyz to accept the Dog Control Officer?s report as 
submitted, and read by Supervisor Chiavetta for the month of March, seconded by Councilman Arrigo.

A motion was made by Councilman Pero, seconded by Councilman Czyz to accept the Police Chiefs report as submitted and read by Supervisor Chiavetta for the month of March.

No Planning Report for the monthly meeting on April 27, 2004

	Supervisor Chiavetta reported that Steve Waldenvogl sent a map out with proposed water lines for a five year and twenty year plan and this was being revised.  The break in the Intercommunity Water Line is still being examined and plans for repair are not definite.

Councilman Pero reported for the Brant Revitalization Committee that he had met with Ernie Hoffenzullin from Street Clocks to review preliminary plans and to get a rendering of how the clock would look on the corner, and possible fund raising ideas. Councilman Pero also reported that he was in contact with some area vendors and organizations to put together a farmers market with events such as a BBQ, at least a few times this year and to seek funding for next year. Supervisor Chiavetta reported that 
there would be a tour of Brant and neighboring communities for the Farmland Viability Study with the Committee and some members of the Erie County Planning Board on Monday May 17th, 2004.

Supervisor Chiavetta stated that it was 8:15 and the board would proceed with the bid opening and Thea Ells reading the notice placed in the Town Crier for publication the week of April 21st, 2004 as follows:

Town of Brant requests bids for renovation of the wading pool located at the Brant Town Park, 1000 Brant Farnham Road, Brant, New York Renovation is to include handicap access and new tile to the wading pool. 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 Hall during regular business hours. Bids will be opened May 11 at 8:15 pm at the regular meeting of the Brant Town Board, Brant Town Hall, 1294 Brant North Collins Road, Brant New York. 

Thea Ells presented Supervisor Chiavetta with the sealed bids received as follows after opening;
Beauty Pools: $15,087.00, William Watson: $28,860.00, Paterson Stevens: $17,955.00, and Leisure Craft: $15,312.00.  The bids will be forwarded to Glen Cooley and he will make a recommendation to the Board and the work will be able to commence. The Clerk will then notify all concerned. 

	Supervisor Chiavetta presented Thea Ells with a certificate for Municipal Clerks Honor Roll.

Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda.

	Lee Brunelli expressed concerns about the condition of the sign in front of the Town Park placed by Lake Shore Football. Supervisor Chiavetta replied with a letter that he had just received from LSYF stating that they apologized for the delay in fixing the sign.  Tim Mead from LSYF addressed the board and reinstated the apology and explained the delay.
	Mr. William Henry read from a letter stating his pleasure to report that the illegal junkyard on Milestrip was cleaned up. He thanked specifically Councilman Pero and Judge Gugino along with the Town Board, Special Prosecutor Vallone, the FNABGL, and Gary Brecker for their diligence in resolving the matter, and sending a clear message that illegal junkyards will not be tolerated in the Town of Brant.

Mr. John Lehman expressed his approval with the clean up on Ellis Road by Owl Homes. Councilman Arrigo had made phone calls to Owl, as had Supervisor Chiavetta last fall.  

 	Supervisor Chiavetta announced that he was making some department liaison changes as follows: 
Councilman Pero from Zoning BOA to Brant Courts, and Councilman Czyz from Brant Court to Zoning BOA. 

	Supervisor Chiavetta announced that the Memorial Day Services will be held at the Town of Brant Memorial Park (if rain, Brant Fire Hall), were to be at 9:30AM and at the Farnham Fire Hall with Concert at 10:30 AM on Monday May 31st, 2004.

	Supervisor Chiavetta reported that a Newsletter would be going out approximately the first week of June and department heads and town officials are requested to have any information turned in by May 28th. 

 The Supervisor also announced that Grievance Day would be Tuesday June 1st, 2004 and notices will be placed in the papers and at local post offices.   

	Councilman Rosiek who is on the Recreation Committee expressed his recommendation for Katherine Chiavetta to be the Recreation Director. Councilman Arrigo made a motion to have two co-directors naming Katherine Chiavetta, and Michael Kromer. The motion was seconded by Councilman Pero.
Roll Call vote was taken as follows:

Councilman Arrigo		AYE
Councilman Pero		AYE
Councilman Czyz		NAY
Supervisor Chiavetta	NAY
Councilman Rosiek		AYE

Vote 3 AYES	2 NAYS 

	Supervisor Chiavetta stated that the Recreation Parent Advisory Committee should get together at their earliest convenience with the Directors. Councilman Arrigo made a motion to appoint Maria Inglut, Joseph DeMaria, and Kristie Giambrone to afore mentioned committee. Councilman Czyz seconded the motion.
Supervisor Chiavetta announced information regarding the recreation program starting on Tuesday, July 6th and running to Friday, August 13th, Monday-Friday, 9-3 at the cost of $50.00 for the 1st child, $35.00 for a second child, $25.00 for a third child and $10.00 each for busing for a maximum of   $150 for a family of 4 or more and that registration will begin on Monday, June 7th at the Supervisor?s Office.   Evening hours for registration will be announced in the newsletter and posted at the Town Hall or residents may call for more information. Supervisor Chiavetta made a motion to approve the program and fees as recommended.  Councilman Czyz seconded the motion.  

	Supervisor Chiavetta announced that town employees may participate in banking at the Lake Shore Federal Credit Union as the Town was accepted by afore mentioned banking establishment.

Councilman Pero made motion to accept a proposal from Carter Penvose for painting the Highway Garage, the Pool Building and Pool, the proposal includes paint except for the pool paint, $2,850.00, the work will commence as soon as their Insurance is confirmed. Supervisor Chiavetta seconded the motion.  
	Supervisor Chiavetta reported that the trees in the Park will be removed by the lowest bidder of received bids as this year there were too many for the town crews to take care of. 

	Supervisor Chiavetta acknowledged Thea Ells? request for assistance from any interested Town residents for their point of view, and input on the Web Page.  This will be mentioned in the newsletter.

	Supervisor Chiavetta mentioned a letter sent to Legislator Chase from E&M Engineers concerning bridge repair on Nordblum Road Bridge and Ellis Road Bridge for any possible funding.

	Supervisor Chiavetta read a letter to acknowledge June 2nd, 2004 as WNY Fire Fighters Day.

	Supervisor Chiavetta read from a letter about a meeting for Public Transportation on Route 62 from Gowanda to Hamburg which is being held in Eden on May 18 at 2:00 PM for any one interested.

	Supervisor Chiavetta read from a letter concerning Adelphia Cable continuing their service during their bankruptcy proceedings.

	Supervisor Chiavetta read from a letter from the Town of Eden and Legislator Chase concerning Rural Ag- Committee.

	  Supervisor Chiavetta read a letter from resident Scott Cordia stating his interest in being considered for a position on the Brant Police Force. 

	Supervisor Chiavetta made a motion to approve an outside auditor to audit the Town Clerks and Court Clerks books, motion was seconded by Councilman Rosiek.

	Notification to residents that Cain Road between Route 5 and Hammond Road will be closed May 19, 2004 for Rail Road Crossings Repairs. 

	Supervisor Chiavetta announced that Tuesday May 25th, 2004 would be the next workshop and the Village Board is invited to attend, these work sessions are open to the public. 

	   Attorney John Grennell asked that the board approve the sending of a letter to the Evans Brant School Board concerning two issues, first to congratulate the district on the ranking of the Brant Elementary School in the 2004 Business First School Rating Issue.  The Brant School is listed as 30 out of 282 elementary schools rated; it is the highest of the Lake Shore Elementary Schools. The second part of the letter shall be about the possible closing of the Brant Elementary School, which has been an issue with many of the candidates running for positions on the Lake Shore School Board. Attorney Grennell stated that the general text of the letter would be as follows:  AS this school is the focal point of our community and whereas the educational needs of our children would suffer from lengthy transportation time and the closure of the Brant School would be contrary to the spirit and letter of the centralization agreement that has resulted in state funding to the district. The letter shall contain strong opposition to any consideration of any altering of building use except as an elementary school for our children. Attorney Grennell asked that once compiled the letter would be forwarded to the Superintendent of Evans-Brant School District and all present board members and all candidates running for board positions. 
 Councilman Rosiek made a motion to accept the text and the intent of the letter, Supervisor Chiavetta seconded. MOTION CARRIED: LETTER TO EVANS BRANT SCHOOL DISTRICT OFFICALS CONCERNING BRANT ELEMENTARY SCHOOL
  	Supervisor Chiavetta announced to the board the dates for Erie County Governments meeting being May 20th for a breakfast meeting on Medicaid Reform and the regular monthly meeting on May 27th for dinner covering AmeriCorps and 1% sales Tax.

	There was discussion about Senior Services and Rural Transit and the coverage each service provides.

	Supervisor Chiavetta informed the board that he was obtaining information on the price of 
shredded rubber for installation with the new swing sets at the Town Park.

Councilman Pero requested that to follow up on discussion at the work session that a letter be sent to the County requesting a study for speed reduction on Lotus Point Road. 

	Councilman Pero announced that the Friends of the Park will be meeting next at the Main Building of the Evangola State Park on June 9th as they will be trying to establish officials for their not for profit group and plans for the upcoming months.

	Councilman Arrigo reported to the board that he has pictures of the basketball and tennis courts to send to Connie Miner and the proposals when they come in.

	There was discussion about the hiring of recreation councilors and the procedure that the board follows.  Councilman Arrigo suggested that the Parent Advisory Committee be involved with the interviews and the recommendations to the board for hiring councilors.

	Councilman Pero made a motion to compose a letter to be sent to Senator Volkert and Assemblyman Smith stating the town boards? opposition and concern with the toll relocation and cost increase to area residents. Motion was seconded by Councilman Czyz. 

Councilman Rosiek reported that he has information and copies of Right To Farm Laws from other local communities and would like to start drafting some material for the board to consider for a future law.  It was suggested that Erie County Planning be involved and also our surrounding towns.   	   

	 Supervisor Chiavetta announced that the next Town Board meeting is scheduled for June 11th, 2004 at 8:00pm.

A motion was made by Councilman Rosiek and seconded by Supervisor Chiavetta that the abstract for May 11, 2004 as follows be approved for payment:        

General Fund Town wide		General Town wide ? Payroll		Street Lighting
Vouchers 156-192			Vouchers 20-27			Voucher 5
Totaling:  $20,040.89		Totaling: $31,070.10			Totaling: $1774.48

General Fund ? Part Town		Highway - Town wide	
Vouchers13			Voucher 39-49
Totaling: $26.55			Totaling:  $39,623.80

Highway Part Town			Highway ? Payroll
Vouchers 1-4			Vouchers 16-21
Totaling:  $2,849.92	                                Totaling:  $12,880.08


Supervisor Chiavetta made a motion to adjourn the meeting at 9:07 PM, with a reminder for all to continue to keep our Armed Forces at home and in the Middle East in our thoughts and prayers, seconded by Councilman Pero

Respectfully submitted,

Thea A. Ells, Town Clerk