June 2004 Town Board Minutes

Minutes of the regular meeting of the Brant Town Board at 8:00 PM, at the Brant Town Hall, held June 8, 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 Thomas Bowman Jr., Pro Shop Joseph Giambrone, Highway Super. Gary Brecker, Building Inspector Lee Brunelli, resident George Cordia, Village Trustee Sherry Hughes, The Sun Jean Brunelli, resident Alice Escott, Town Crier Janet Bowman, Assessor Secretary Charles Arrigo, resident Brenda Giacchino, Planning Board Alt. Ed Dion, resident Betty O?Donnell, resident Dolly Dion, resident John O?Donnell, resident Thomas Banzer, Brant Auto Parts The meeting was opened with a pledge to the flag led by Supervisor Chiavetta. Supervisor Chiavetta asked for all to remain standing for a moment of silence for President Reagan?s passing. Councilman Pero made a motion; seconded by Councilman Arrigo to accept the minutes of the Town Board meeting of May 11, 2004 as submitted by the Town Clerk. MOTION CARRIED: MINUTES APPROVED A motion was made by Councilman Rosiek, seconded by Councilman Czyz to accept the Supervisors Financial report for the month of April as submitted. MOTION CARRIED: SUPERVISORS FINANCIAL REPORT ACCEPTED A motion was made by Supervisor Chiavetta and seconded by Councilman Pero to accept the Town Clerk?s (tax accounts included & monthly report) Financial Report May 2004. MOTION CARRIED: TOWN CLERKS FINANCIAL RECONCILIATION REPORT ACCEPTED A motion was made by Councilman Rosiek and seconded by Councilman Arrigo to accept the Court Clerks Financial Reconciliation May Report 2004. MOTION CARRIED: COURT CLERKS FINANCIAL RECONCILIATION REPORT ACCEPTED Code Enforcement Officer Gary Brecker read from his April 2004 reports. A motion was made by Supervisor Chiavetta and seconded by Councilman Pero, and 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 for the month of May and seconded by Councilman Arrigo. MOTION CARRIED: DOG CONTROL OFFICER?S REPORT ACCEPTED A motion was made by Councilman Czyz, seconded by Supervisor Chiavetta to accept the Police Chiefs report as submitted for the month of May. MOTION CARRIED: POLICE CHIEF?S REPORT ACCEPTED No Planning Report as there was no monthly meeting on May 25, 2004. Supervisor Chiavetta reported that he has a map showing the proposed expansion of the Water District. There will have to be appointments for a Water Committee to work on the Brant Water District and contracts with the Village of Farnham. Councilman Pero had a rendering of the proposed Clock Tower at the Brant Corners, which was passed around for all to see. Councilman Pero also stated that the Brant Renaissance would be having a Brant Fest at the Brant Corners sometime in early summer. 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 inquired about the proposed Water District and the area?s that would be included. Supervisor Chiavetta stated that the intent was to supply water to areas of the Town beyond the areas now covered. Ed Dion asked if there were any way to put a yellow center line marking on Lotus Point Road as there is no shoulder. Joe Giambrone, Highway Superintendent, said as this was a county road it would be under their jurisdiction, and he would check with them. Joe Giambrone mentioned that his crews have been out paving and working on the roads and he had to ask for the Police Dept. to enforce the work zone speed reduction as vehicles are not complying. Supervisor Chiavetta made a motion to adopt the following resolution in recognition of St. Anthony?s 100 years centennial, WHEREAS, Bishop Charles H. Colton of Buffalo established St. Anthony?s Parish in 1904, and WHEREAS, the church was named after the beloved patron of Sicily, St. Anthony of Padua because of the sizeable Italian population settling in the area at the end of the 19th century, and WEREAS, St. Anthony?s Church has provided spiritual guidance to over Five generations of local residents, NOW, THEREFORE, BE IT RESOLVED, that the citizens of the Town of Brant wish to congratulate your parish for your accomplishments over the last 100 years and be it FURTHER RESOLVED, that the Parishioners, local residents and elected officials are proud of your accomplishments and success during your Parish?s One Hundred years, NOW, THEREFORE, BE IT RESOLVED, that your parishioners shall celebrate St. Anthony?s Parish Centennial and look forward to a long and bright future. AD MULTOS ANNOS The resolution was seconded by Councilman Czyz and Councilman Pero. A roll Call Vote was taken: Supervisor Chiavetta AYE Councilman Czyz AYE Councilman Pero AYE Councilman Arrigo AYE Councilman Rosiek AYE 5 AYES 0 NAYS RESOLUTION ADOPTED: ST. ANTHONY 100 YEAR CENTENNIAL CONGRATULATED Councilman Czyz made a motion, seconded by Councilman Rosiek to pass a resolution to adopt the budget modifications presented and attached by the Town Accountant. A roll call vote was taken: Councilman Czyz Aye Councilman Rosiek Aye Councilman Arrigo Aye Councilman Pero Aye Supervisor Chiavetta Aye 5 Ayes 0 Nays RESOLUTION ADOPTED: BUDGET MODIFICATIONS APPROVED Councilman Czyz made a motion to award the Wading Pool Renovation job to Beauty Pools, Inc. of Lancaster and Supervisor Chiavetta seconded the motion. A Roll Call vote was taken: Councilman Czyz Aye Supervisor Chiavetta Aye Councilman Rosiek Aye Councilman Arrigo Aye Councilman Pero Aye 5 Ayes 0 Nays RESOLUTION ADOPTED: BRANT WADING POOL RENOVATION AWARDED TO BEAUTY POOLS Supervisor Chiavetta announced that Erie County Legislature?s Committee on Energy & Environment is having an informational meeting on June 16, 2004. The meeting is at 7 PM at the Old County Hall. The legislature and supervisors will meet and discuss issues such as: farmland protection, agricultural industry, and the intelligent development of rural communities. Councilman Pero read a statement (attached in minute book) in response to the employees inquiring of his FOIL request for town employee total year 2003 income verification. This was followed by a discussion between Councilman Pero and Supervisor Chiavetta concerning issues relating to the town budget and verification of employee income. Supervisor Chiavetta read from an award that was sent from New York State Real Property Services: Excellence in Equity, The New York State Office of Real Property Services presents this award to the Town of Brant in recognition of its efforts to provide taxpayers with fair and equitable assessment. The Town of Brant is hereby awarded this Certificate of Excellence. Three Star designation denotes the municipality?s third consecutive year qualifying for this recognition. The award was signed by Vincent Smith NYSORPS Regional Director and Thomas Griffin, NYSORPS Executive Director on April 6, 2004. Councilman Pero proposed the following resolution: We the Town of Brant representing the taxpayers of our Community are apposed to the 13% across the board increase in property as mandated by the NY State Real Property Service. We feel that this annual reassessment is not fair because properties are not all equal and need to be physically assessed before they should be increased without inspection. We feel that this plan is excessive for our community and that we are making a stand for our citizens by breaking any contract we have with the state for this unfair plan. The Town Board of Brant opposes any state mandate against our town that will cause unfair tax increases which will cause hardship of our citizens. As a member of this town board I am asking the other town board members to agree to this resolution and speak out against this state mandate and give support to the residents of our town. There was some clarification about tax assessment and the towns 100% evaluation or equity by Supervisor Chiavetta. Discussion continued between members of the board, Councilman Arrigo seconded the resolution: A Roll Call vote was taken: Councilman Pero Aye Councilman Arrigo Aye Councilman Czyz Nay Councilman Rosiek Nay Supervisor Chiavetta Nay 2Ayes 3 Nays RESOLUTION DEFEATED Supervisor Chiavetta made a motion to sign the annual contract with NYSORPS to annually sustain an equitable assessment roll. Maintaining equity in assessments is a process that includes: Annually maintaining assessments at a stated uniform percentage of value(Section 305, Real property Tax Law), annually conducting a systematic analysis of all locally assessed properties and revising assessments, as necessary, Implementing a local program for physically inspecting and reappraising each parcel at least once every six years. At the completion of the reassessment process, all property will be assessed at a uniform percentage of value as required by Section 305, RPTL. The uniform percentage of value intended(not binding) for use in calculation the new assessments will be 100%. Councilman Czyz seconded the motion. Councilman Arrigo and Pero voted nay. MOTION CARRIED: SUPERVISOR TO SIGN CONTRACT W/ NYSORPS Supervisor Chiavetta asked for a resolution for the Town of Brant to participate in services on a as needed and pay as per use basis from Erie County Department of Senior Services. Councilman Czyz seconded the resolution. A Roll Call vote was taken: Supervisor Chiavetta Aye Councilman Czyz Aye Councilman Arrigo Aye Councilman Rosiek Aye Councilman Pero Aye 5 Ayes 0 Nays RESOLUTION ADPOTED: PARTICIPATE IN USING SERVICES FROM ECDOSS Supervisor Chiavetta reported that a meeting of the Southtowns Bus Route Study will be June 15, in Eden and they will hopefully have an answer of a study done by the NFTA for a early morning bus from Gowanda along Route 62 to connections to the Village Square in Hamburg and ultimately going downtown. Also read from a letter from Rural Transit inviting an official from the Town to a volunteer appreciation picnic at Kloc?s Grove on June 17th, at noon. Association of Erie County Government Meeting will be held in Brant at the Community Building June 24th, at 5:30 pm. The guest speaker will be Dale Morris from Erie County?s Office of Geographic Information Services. Councilman Rosiek made a motion to appoint Joyce Ellis as a regular member of the Board of Assessment and Review, to finish this term ending on September 30,2004 and beginning again on October 1, 2004 thru September 30, 2009 seconded by Councilman Pero. MOTION CARRIED: JOYCE ELLIS MEMBER OF BOARD OF ASSESSEMNT AND REVIEW Supervisor Chiavetta read from a list of Recreation Counselors that will be hired this year per the Recreation Director, Katherine Chiavetta, as follows: Kyle Hoffman, Leo Baurlein, Andrew Gier, Amanda Brunelli, Jessica Bantle, Aaron Renaldo, Kelly Fricano, Jason Renaldo, Peter Pero, and new will be Jennifer Ruth, Emma Grennell, Andrew Driscoll, and Junior Counselor Joe Inglut and subs Kelly Wurster(new), and Kelin Lipowicz. Lifeguards will be Jen Hill, Jessica Wasmund, Kim Bryant, Anna Bryant, Samantha Timm, Jennifer Chiavetta. Councilman Pero requested a pay increase this year for the Board of Assessment and Review from an allotment in the current budget of $50.00 each to $150.00 each, Councilman Rosiek seconded the motion. Councilman Arrigo and Supervisor Chiavetta voted nay. MOTION CARRIED: BOARD OF ASSESSMENT & R EVIEW MEMBER PAY INCREASE TO $150.00 EACH (5 MEMBERS) Councilman Pero read from a letter from Legislature Jeanne Chase in response to the towns? letter with their concerns about the NYS Thruway toll relocation and that no project will be considered at this time or in the near future. Councilman Pero also announced that the Friends of Evangola would be meeting June 9th at Evangola State Park at 7:30 and the Civil War Reenactment will be this coming weekend at Evangola Park. Councilman Czyz made a statement of his support for the fair equity in the Town of Brant with a result of equal sharing of taxes and his support of the 100% evaluation in the town. Supervisor Chiavetta announced that the next work session would be June 22nd and the next Town Board meeting is scheduled for July 13th, 2004 at 8:00pm. A motion was made by Councilman Rosiek and seconded by Supervisor Chiavetta that the abstract for June 8, 2004 as follows be approved for payment:
General Town wide

Vouchers 19

Totaling $29,807.39

General Town wide ? Payroll

Vouchers 28-33

Totaling $31,351.38

Highway Part Town of Brant Vouchers 5-6

Totaling $408.97

General Fund ? Part Town Payroll

Vouchers 3-4

Totaling $658.45

Highway Town Wide

Voucher 50 ? 54

Totaling $2,132.33

Brant Farnham Sewer Dist.

Voucher 1

Totaling $4,000.00

General Fund Part Town

Voucher 14 ? 19

Totaling $16,379.53

Highway ? Payroll

Voucher 22 ? 25

Totaling $8,387,53

Street Lighting

Voucher 5

Totaling $1,774.48

Brant Water District #1

Voucher 4

Totaling $17,122.50

MOTION CARRIED: ABSTRACT APPROVED FOR PAYMENT Councilman Czyz made a motion to adjourn the meeting at 8:52 PM, in Memory of Armando Fininzio who passed away recently, seconded by Supervisor Chiavetta MOTION CARRIED: MEETING ADJOURNED Respectfully submitted, Thea A. Ells, Town Clerk