SEPTEMBER 2005 TOWN BOARD MINUTES


Minutes of the regular meeting of the Brant Town Board at 8:00 PM and at 8:30 PM a Public Hearing to consider the adoption of Local Law #2 ?Maintenance for Private Roads? at the Brant Town Hall, held September 14, 2005, at 1294 Brant-North Collins Rd, Brant, New York. There were present: Supervisor Samuel J. Chiavetta Councilman Martin Rosiek Councilman Eugene Czyz Councilman John Arrigo Councilman Leonard Pero Attorney John Grennell Recording Secretary: Town Clerk Thea A. Ells Also present were: Alice Escott, Town Crier Kristina Hirsch, resident Anne Prince, resident Karen Swartzwelder, resident Sam Lojacano, resident Lee Brunelli, resident Dave Bown, resident Ed Dion, resident Tish Brady, resident Janet Bowman, resident Melanie Larson, The Sun Pat Murphy, resident Joseph Gardyjan, Planning Board Chairman Jan Murphy, resident Jean Brunelli, resident Debby Bushnell, resident Peter Chiavetta, resident Jamey Solecki, resident Kristen White, resident Diane Czyz, Supervisor Secretary Clark Borngraber, resident The meeting was opened at 8:00 PM with a pledge to the flag led by Supervisor Chiavetta. Supervisor Chiavetta reminded those in attendance that there is a Public Hearing at 8:30 which the Board will break for and then return to regular business. On a motion from Councilman Arrigo, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE AUGUST 2005 TOWN BOARD MINUTES ARE APPROVED On a motion from Councilman Czyz, seconded by Councilman Rosiek, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE SUPERVISORS JULY FINANCIAL RECONCILIATION REPORT IS ACCEPTED On a motion from Supervisor Chiavetta, seconded by Councilman Pero, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE TOWN CLERKS AUGUST FINANCIAL RECONCILIATION REPORT IS ACCEPTED On a motion from Councilman Pero, seconded by Councilman Rosiek, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE JUSTICE CLERKS AUGUST FINANCIAL RECONCILIATION REPORT IS ACCEPTED On a motion from Councilman Czyz, seconded by Councilman Arrigo, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE CODE ENFORCEMENT OFFICER?S AUGUST REPORT IS ACCEPTED On a motion from Supervisor Chiavetta, seconded by Councilman Arrigo, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE AUGUST DOG CONTROL OFFICERS REPORT IS ACCEPTED Table Police Chief?s August Report as it isn?t in the Agenda packet. On a motion from Supervisor Chiavetta, seconded by Councilman Pero, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE TOWN CLERKS AUGUST REPORT BE ACCEPTED There was not a quorum for the August planning board meeting so they held a work session which notes are attached. On a motion from Supervisor Chiavetta, seconded by Councilman Pero, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE PLANNING BOARD REPORT BE ACCEPTED ALL Reports are attached in Minute Book WATER DISTRICT: Supervisor Chiavetta read from a letter of Senator Dale Volker to the Commissioner of Correctional Services in which he states that he believes this project is a perfect example of New York State working together with our local communities to enhance the quality of life for all involved and that he supports the states involvement with a $15 million commitment 100%. Chiavetta also referred to a letter from the Village of Farnham with regards to the Water Service Agreement which was signed in 1995 and 1998 and is up for renewal, termination, or modification on October 17, 2005. Mayor Terry Caber offered that the Village is prepared to entertain a motion where Village would continue to honor the agreement until such time that the town and village can meet to discuss the terms and conditions without disruption of service to the customers in the Brant Water District. On a motion from Councilman Pero, seconded by Councilman Rosiek, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE TOWN BOARD AGREE TO AN EXTENSION FOR THE BRANT WATER DISTRICT #1 AGREEMENT WITH THE VILLAGE OF FARNHAM UNTIL FURTHER DISCUSSION ON AN AGREEMENT CAN TAKE PLACE. BRANT REVITALIZATION COMMITTEE: Nothing to report per Councilman Pero. Supervisor Chiavetta opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns that are not listed on the agenda. Patricia Brady spoke on behalf of the Democratic Inspectors and expressed their appreciation to Thea Ells for holding a meeting with them before the primary as the Erie County Board of Elections did not hold class this year. Karen Swartzwelder spoke of her concern with the code violations that are occurring on the property next to hers. She asked the Board to acknowledge that there are violations at the property in question with semi tractor trailers parking, dropping off and moving at all hours of the day and night. She has her property for sale and read from a letter sent from a realtor representing clients that while they were interested in the property they would not commit with the deplorable conditions next door. Discussion followed with other concerned residents questioning why these issues have taken so long to resolve. Swartzwelder made a formal compliant in July and felt that more than the apparent repair of a garage door should have been done by now. As Code Officer Fred Ball was not present, the Board did not know the details of the violations filed against the property owner which is not the individual parking the semi?s. Pat Murphy spoke to the Board of his complaints to the Code Officer Fred Ball concerning his neighbor having her wood pile a couple feet from the property line and that she had a wood burner in her shed and that the CEO was issuing a permit to allow it. He voiced his dissatisfaction with the CEO and concern over State Code being violated. Supervisor Chiavetta announced that it was time for the 8:30 Public Hearing, Thea Ells; Town Clerk read the following notice which was published in the Town Crier August 23rd , 2005: LEGAL NOTICE TOWN OF BRANT NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Brant will conduct a Public Hearing on Wednesday the 14th day of September, 2005, 8:30 p.m. at the Brant Town Hall, Brant-North Collins Road, Brant, New York, to consider the adoption of Local Law #2 entitled ?Maintenance for Private Roads in the Town of Brant? and at such hearing any person may be heard in favor or against any items therein contained. Dated: Dated August 17, 2005 By order of the Brant Town Board Thea Ells, Brant Town Clerk Supervisor Chiavetta read the following: LOCAL LAW #2 OF THE YEAR 2005 Private Road and Common Driveway Snow Removal Requirements Town of Brant Legislative Intent The purpose of this local law is to provide for the health, welfare and safety of the citizens of the Town of Brant pursuant to the applicable sections of the Town Law and Municipal Home Rule Law. Moreover, the intent of this law is to insure ingress and egress over private roads and common driveways including but not limited to Lotus Bay Road and Wide Beach Road for emergency vehicles, the residents and their invitees. General Requirements The owners of property accessible by private road or common driveway serving five or more properties shall be responsible, financially or otherwise, for the removal of snow and ice from said private road or common driveway. Applicability The provisions of this local law shall supplant all local laws, ordinances, codes or requirements existing in the Town of Brant and other statues and regulations of municipal authorities having jurisdiction applicable thereto. Where a provision of this local law is found to be in conflict with any provision of any existing local law, ordinance or regulation, the provisions or requirements which is more restrictive or which establishes the higher standards shall prevail. Procedure Annually, at or before the regularly scheduled Town Board meeting held for the month of August, residents from the private roads/common driveways, as representatives of Home Owner?s Associations or other groups purporting to speak for substantial numbers of the residents of such roads may meet with the Town Board and Highway Superintendent for purposes of establishing that there are plans, snow removal contracts or other indicia that snow and ice will be removed from these roads. In the event that it is not established that there will be snow and ice removal, the Town Board may proceed to make a request for proposals pursuant to procedures set forth in applicable law, with such service to be performed by the lowest responsible bidder. The cost of this snow removal shall become a lien against the benefited properties and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the collection of a special ad galore levy. Several residents from the Wide Beach and Lotus Bay area spoke of their concern and confusion with the reading of the Law and why they would need the law if the Town was going to plow. In regards to the section mentioning representatives of the homeowners, Councilman Pero felt there were problems with the people agreeing. Brady expressed concern again that the tax revenue from the two roads in question should adequately cover the minor expense of the plowing while they receive no other services from the Town. Lojacano questioned Councilman Arrigo on a comment he had reportedly made to a resident that the plowing would be done by the Town. Prince spoke on the tax revenue the Town receives from the properties on these private roads. On a motion from Councilman Pero, seconded by Councilman Arrigo the following motion was Adopted: 5 ayes - 0 nays Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE PUBLIC HEARING BE CLOSED THE ACKNOWLEDGEMENT OF VISITORS RESUMED: There were questions regarding the Brant Water District and the funding promised by Volker. Supervisor Chiavetta explained that the funding is for the proposed Southwest Erie County Water Supply plan, and that the negotiations are in regards to the Brant Water Dist. #1 and the supply and maintenance agreement with the Village of Farnham. THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED. NEW BUSINESS: Item 1) On a motion from Councilman Rosiek, seconded by Councilman Czyz the following resolution was Adopted: 5 ayes - 0 nays Councilman Martin Rosiek Voting Aye Councilman Eugene Czyz Voting Aye Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman John Arrigo Voting Aye Councilman Leonard Pero Voting Aye RESOLVED THAT: WHEREAS, The County of Erie has been forced to make deep cuts into its budget that has affected every portion of county government; and WHEREAS, funding for Cooperative Extension in Erie County has been eliminated for the fiscal year 2006, representing a $365,528.00 budget cut, which will result in a loss of an additional $539,000.00 in grants that require matching funds; and WHEREAS, cooperative Extension offers programs in Agriculture and Natural Resources, Family & Consumer Science, and 4-H Youth Developments; and Whereas, these programs further leverage their county funding and grant money through the extensive use of volunteers in the Master Gardener program and 4-H, totaling over 11,000 donated hours annually, thus giving Erie County residents services worth several times the value of county monies allocated to cooperative Extension; and WHEREAS, the Town of Brant places a very high value on the services delivered to our land owners master gardeners, agricultural producers, and professional, low income residents and the nearly 1,700 4-H youth countywide members; and Now Therefore be it resolved, that the town Board of the Town of Brant wants full funding restored to the Erie County Cooperative Extension in order that our town residents may continue to in joy the benefits and excellent services provided to us by the Erie County Cooperative Extension. AND BE IT FURTHER RESOLVED, that the Town Board directs the Town Clerk send a certified copy of this resolution to Erie County Executive Joel Giambra, Legislature Jeanne Chase, County Comptroller Jim Hartman, and the Association of Erie County Government. Item 2) Supervisor Chiavetta read an e-mail from Mike Smaldino a resident on Milestrip Road asking for a 45 MPH limit which should be set for that road between Brant Reservation and Morley Road in the Town. Board members discussed the last requests they have made to the State. There was discussion questioning if the State realizes and if they are informed that this a rural community. Are they aware that there are slow moving farm equipment vehicles constantly on the road with many farmland accesses, children on bicycles, residents walking, and at least 25 residential homes along that stretch of road as stated in Mr. Smaldino? letter. Supervisor Chiavetta informed those present of pending legislation which would enable Towns to set the speed limit themselves. On a motion from Supervisor Chiavetta, seconded by Councilman Arrigo the following resolution was Adopted: 5 ayes - 0 nays Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman John Arrigo Voting Aye Councilman Martin Rosiek Voting Aye Councilman Eugene Czyz Voting Aye Councilman Leonard Pero Voting Aye RESOLVED THAT THE BOARD SEND A RESOLUTION REQUEST TO THE COUNTY TO FORWARD TO THE STATE FOR A SPEED REDUCTION ON MILESTRIP ROAD IN THE TOWN OF BRANT. Item 3) The Board acknowledged a letter from Holy Cross Lutheran Church thanking Chief Wayne Falk for his time and efforts with the children during their Vacation Bible School Program this summer. Item 4) Supervisor Chiavetta stated that he would like to set the Public Hearing for CDBG Funds at the next Town Board meeting in October and that the meeting in October would need to be moved to Wednesday October 12 if all are in agreement due to a Farm Bureau meeting. On a motion from Supervisor Chiavetta, seconded by Councilman Pero, the following motion was ADOPTED: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO RESCHEDULE THE OCTOBER TOWN BOARD MEETING TO WEDNESDAY OCTOBER 12 AND RESOLVED TO HOLD A PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT REQUESTS AT 8:15 PM Item 5) On a motion from Councilman Rosiek, seconded by Councilman Czyz, the following motion was ADOPTED: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO SET THE DATE FOR THE PRESENTATION OF THE TENTATIVE BUDGET FOR 2006 FOR TUESDAY OCTOBER 4, 2005 AT 7:00PM AND SET DATE FOR THE PUBLIC HEARING FOR THE PRELIMINARY 2006 BUDGET FOR WEDNESDAY OCTOBER 12 AT 8:30 PM Item 6) On a motion from Councilman Rosiek, seconded by Supervisor Chiavetta, the following resolution was ADOPTED: 5 ayes - 0 nays Councilman Martin Rosiek Voting Aye Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman Eugene Czyz Voting Aye Councilman John Arrigo Voting Aye Councilman Leonard Pero Voting Aye RESOLVED TO APPROVE THE BUDGET MODIFICATIONS AS RECOMMENDED BY THE TOWN ACCOUNTANT AND ATTACHED IN THE MINUTE BOOK MISCELLANOUS BUSINESS Notice was given that the Association of Town Governments September meeting would be in Springville on September 22 and would include someone from the Erie County Fiscal Authority Board and Congressman Brain Higgins. On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek the following motion was ADOPTED: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO SET A DATE FOR BID OPENING FOR A REVISED MEMORIAL PARK CDBG PROJECT WITH ERIE COUNTY PLANNING?S APPROVAL FOR WEDNESDAY OCTOBER 12TH AT 8:45 On a motion from Councilman Rosiek and seconded by Supervisor Chiavetta the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO APPROVE THE SEPTEMBER ABSTRACT AS SHOWN FOR PAYMENT ABSTRACT 9 for the year 2005 General Fund Town wide Vouchers 319-358 Totaling: $23,111.84 Highway Town Wide Voucher 69-76 Totaling: $10,758.36 General Fund Part Town Vouchers 19-23 Totaling: $11,049.66 Highway Part Town Voucher 12-16 Totaling: $1,882.34 Street lighting Voucher 8 Totaling: $1,719.85 Special Grant Fund Voucher #1 Totaling: $600.00 On a motion from Councilman Czyz, and seconded by Councilman Arrigo the following was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO ADJOURN THE SEPTEMBER MEETING AT 9:30 P.M. Respectfully submitted, Thea A. Ells Brant Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA COUNCILMAN ROSIEK COUNCILMAN CZYZ COUNCILMAN ARRIGO COUNCILMAN PERO