Town Board Minutes 7/12/05


Minutes of the regular meeting of the Brant Town Board at 8:00 PM and bid opening for ONE (1) New 2006, one (1) ton cab and chassis Heavy Duty Gas Powered Dump Truck at 8:15 pm, at the Brant Town Hall, held July 12, 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: Joseph Giambrone, Highway Super Charles Arrigo, resident Alice Escott, Town Crier William Wesp, Dep. Hghwy. Sup. Kelly Voll, Town Crier Karen Swartzwelder, resident Tish Brady, resident Paul Cesana Bernadine Eschner, resident Melanie Larson, The Sun Joseph Gardyjan, Planning Board Chairman Lee Brunelli, resident Margaret Pantera, resident Jean Brunelli, resident Marjorie Pantera, resident Kristina Hirsch George Cordia Jr., Village Trustee Frederick Ball Jr., Building Inspector The meeting was opened with a pledge to the flag led by Supervisor Chiavetta. Supervisor Chiavetta reminded those in attendance that there was a Bid Opening at 8:15 which the Board will break for and then return to regular business. On a motion from Councilman Pero, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE JUNE 2005 TOWN BOARD MINUTES ARE APPROVED 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 SUPERVISORS MAY FINANCIAL REPORT IS ACCEPTED 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 THAT THE TOWN CLERKS, AND TAX COLLECTOR JUNE FINANCIAL RECONCILIATION REPORT IS ACCEPTED On a motion from Supervisor Chiavetta, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE JUSTICE CLERKS JUNE FINANCIAL RECONCILIATION REPORT IS ACCEPTED 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 CODE ENFORCEMENT OFFICER?S MAY AND JUNE REPORT IS ACCEPTED NO DOG CONTROL OFFICER?S JUNE REPORT On a motion from Supervisor Chiavetta, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT POLICE CHIEF?S JUNE REPORT IS ACCEPTED There was some discussion concerning the collection of school taxes, Thea reported that neither she nor the Town received notification of a meeting and she called today and Dan Pacos answered that Diana Cafferty was reappointed as district collector and would get the 1% fee. 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 JUNE REPORT BE ACCEPTED The Board members discussed the work session minutes from the Planning Board which indicated that the map they were using was not current. Supervisor Chiavetta stated that the maps were updated the last time the code book was updated after public hearings, etc. and Councilman Rosiek stated that the planning board has and should be in charge of zoning maps, GIS mapping and Arch View software which enables users to overlay mapping etc. On a motion from Councilman Czyz, seconded by Councilman Pero, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT JUNE PLANNING BOARD REPORT BE ACCEPTED ALL Reports are attached in Minute Book Water District: Supervisor Chiavetta reported that there should be a meeting in the next few weeks with the State and there was discussion about the projected water system running down Cain Road (Evans/ Brant) and or Shadagee (Eden). Brant Revitalization Committee: Councilman Pero stated that the 2nd Annual Brant Summer Fest is at the four corners scheduled for this Saturday July 16th from 11:00 AM till 7:00 PM with a town wide garage sale. The event is larger than last year with the historical society displaying articles at the store. This should be a good time with the community gathering together with music all day long. Supervisor Chiavetta announced that it was 8:15 and time for the Bid Opening, Thea Ells; Town Clerk read the following notice which was published in the Town Crier June 21st, 2005: PLEASE TAKE NOTICE that sealed bids are hereby requested on the following: ONE (1) NEW 2006, ONE (1) TON CAB AND CHASSIS Heavy Duty Gas Powered Dump Truck for the Highway Department in accordance with specifications on file in the Town Clerk?s Office, Town of Brant, Brant-North Collins Rd., Brant, New York after June 18th, 2005. Bids may be presented as a straight sale purchase and/or may include consideration of a trade-in of the present 2002 one ton cab & chassis heavy duty gas powered dump truck w/ 81/2 ft. western plow. This vehicle is presently in use by the Town of Brant Highway Department and may be inspected with appointment by calling 549-4770 or by stopping at the Town Highway Barns, 992 Brant Farnham Road during the operating hours of Mon ? Thurs. 6:00 AM ? 4:00 PM. Each sealed bid must be submitted in writing to the Brant Town Clerk, no later than 8:15 pm on July 12, 2005. Said bids will be publicly opened at 8:15 p.m. by the Town Board of the Town of Brant at a regular meeting thereof in the Brant Town Hall, Brant-North Collins Road, Brant, New York, on July 12, 8:15 PM. The Brant Town Board reserves the right to reject any and all bids and to waive any informality. Dated: June 18, 2005 By order of the Brant Town Board, Thea A. Ells, Brant Town Clerk Steve Baldo Chevrolet $34,413.00 Supervisor Chiavetta turned over the bid to Attorney John Grennell and Joseph Giambrone to make a decision and decide on the issue of the present truck. Brant Summer Recreation: Supervisor Chiavetta reported that the pool has been up and running since July 1st and Recreation is running with the bus schedule operating on time. The program has a field trip scheduled every week and they will be involved in a Parade on Saturday. There are 94 children signed up. Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda. Karen Swartzwelder expressed concern with the property next door to her home on Brant Farnham Rd. which has been left to deteriorate with a roof caved in, high grass, and abandoned vehicles. The property in front is being used for a parking lot of semis and is not paved and or illuminated or zoned for that use. She is trying to sell her property and it isn?t selling due to the condition and use of the property next to hers. Supervisor Chiavetta answered that there has been periodic clean up and then it ceases, and that Fred Ball would take a look at the property and check out the violations. Tish Brady from Lotus Bay Road spoke on the matter of Emergency Plowing of Private Roads and the Town Boards? decision to stop the Plowing of Private Roads. She gave the Board a brief description of the Lotus Bay area and the homes and their valuation. She asked that the Board reconsider their decision. She also asked the Board to rectify their notification methods as she felt the residents had not been notified in a timely matter. Bernadine Eschner asked if it is a given fact that the Town is not going to plow Lotus Bay and Wide Beach. Councilman Rosiek said that the Town would of course plow in an emergency. Eschner asked what is your definition of a emergency and Rosiek asked who does the non emergency plowing in these areas and Eschner stated, the Town, Rosiek stated it is illegal for the Town to plow on private roads. Attorney Grennell stated that the NYS Comptrollers office has criticized the Town for our resolution of plowing of private roads. There was a question as to what other roads would be affected by this and the Board answered no other roads are private in Town. There was discussion between Attorney Grennell and some residents over the interpretation of the comptroller?s opinion. A resident of Lotus Bay felt that the Town should protect their properties and plow the roads. Councilman Pero spoke and said that his own opinion on his own is that we should look into this and the possibility of a special tax and a reduction on the property at the next work session. Pero agreed that this does cause a hardship to the residents down there and that as far as he is concerned this is not a dead deal. Brady commented that if properties did not have access the valuation should be lowered. Eschner questioned the Board again as to if they are plowing the roads, Supervisor Chiavetta answered, again that the Board made a unanimous decision last month and has been working on getting the notification out to the residents to allow ample time to hire contractors. Chiavetta referred to a letter he received from a resident of Lotus Bay stating that the Town should not be plowing on private roads. Highway Superintendent Giambrone stated to those present that the issue is mainly one of liability and that as the town was plowing the private roads they can be held liable by the different entities (BFI US Postal, etc) if they have an accident or fall. Councilman Czyz compared regular snow removal as maintenance of a road. Attorney Grennell stated that the Comptrollers opinion is binding until it is overturned and there was some discussion on legal opinions, and he stated that the Comptrollers offices? opinion is that these are private driveways/roads. Discussion continued with residents voicing their concern of access to their homes and the general consensus of the residents present was that they wanted the town to continue to provide plowing services. Edward Schneider spoke and asked that the Board intervene with his acquiring of a building permit for his property on Erie Road. Supervisor Chiavetta answered that Councilman Czyz would arrange a time with all parties after the meeting. NEW BUSINESS: Item 1) On a motion from Supervisor Chiavetta, seconded by Councilman Pero the following resolution was Adopted: 5 ayes - 0 nays Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman Leonard Pero Voting Aye Councilman Martin Rosiek Voting Aye Councilman Czyz Voting Aye Councilman John Arrigo Voting Aye RESOLVED THAT THE FOLLOWING PROCLAMATION BE ADOPTED: Brant Fest July 16th, 2005 11:00 AM ? 7:00 PM WHEREAS, The Brant Revitalization Committee has organized a town wide garage, lawn sale and Brant Fest Saturday July 16th, 2005 from 11am to 7pm and WHEREAS, much effort and resources have been extended in planning and developing this event and WHEREAS, the goal of the committee is to increase participation and make local citizens aware of what our community has to offer NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and SUPERVISOR wish to thank the Brant Revitalization Committee for their commitment to improve our community and be it FURTHER RESOLVED, that local events such as this will result in increased participation and help make our community a better place to live and raise a family and be it FURTHER RESOLVED that the participants in Brant Fest 2005 shall celebrate their success today and enjoy your day. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Brant this 12th day of July, 2005. Item 2) On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek the following motion was Adopted: 5 ayes - 0 nays Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT A PUBLIC HEARING IS SET TO REVISIT LOCAL LAW 61-1 AS WRITTEN AT THE LAST HEARING IN NOVEMBER 2004 at 8:30 AUGUST 9th, 2005 Local Law 61-1 - Use of motor vehicles on beaches restricted. The use of any motor vehicle on any beach in the Town is prohibited unless under claim of riparian rights. However, the following are specifically accepted: a powered invalid chair or other reasonable forms of transportation necessary to transport handicapped or incapacitated individuals, any vehicles used to launch or recover boats or clean the beach or construction or utility vehicles that may be used to do necessary work on the beach. Item 3) On a motion from Councilman Pero, seconded by Councilman Czyz the attached resolution be supported and Adopted: 5 ayes - 0 nays Councilman Leonard Pero Voting Aye Councilman Czyz Voting Aye Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman Martin Rosiek Voting Aye Councilman John Arrigo Voting Aye RESOLVED THAT THE ATTACHED RESOLUTION 071205-#1 FROM THE SOUTH TOWNS COMMUNITY ENHANCEMENT COALITION EXPRESSING ITS OPPOSITION TO THE CONTINUED USE OF THE TOLL BARRIERS AT OGDEN, BRECKENRIDGE/BUFFALO CITY LINE, AND WILLIAMSVILLE, DEPEW, LACKAWANNA. BLASDELL, HAMBURG AND EDEN EVANS EXIT 57A Item 4) On a motion from Supervisor Chiavetta, seconded by Councilman Czyz, the following motion was ADOPTED: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO SEND A LETTER ENDORSING THE TOWN OF EVANS MULTI USE PATH (HIKE/BIKE TRAIL) AS THIS WOULD LINK OUR SOUTHTOWNS? COMMUNITIES. Item 5) On a motion from Supervisor Chiavetta, seconded by Councilman Czyz, the following motion was ADOPTED: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 Resolved To Consolidate Election Districts 1 & 4 And 2 & 3 For Primary Day September 13, 2005 Item 6) The Town received correspondence from National Fuel Resources, Inc. concerning having a fixed price on gas consumption, it will be discussed at the next work session. Item 7) The Board acknowledged receipt of a letter from State of New York Office of Real Property applauding the Towns efforts to comply with the statutory standard of assessment by completing a reassessment in 2005. As stated in the letter: Column C is the percentage change in the estimate of full value between the 2004 State equalization and the 2005 State equalization rate due to change in full value standard. This percentage is important because county and school taxes are apportioned according to a municipality?s share of the full value of the county or the school. A municipality will be apportioned a larger share of the tax levy if its full value increases by a larger percentage than others, or if its full value decreases less than the other municipalities in the county or the school. The Town will receive a complete report when the state has established 2005 State equalization rates for all municipalities in our county. Item 8) On a motion from Supervisor Chiavetta, seconded by Councilman Czyz the following resolution be Adopted: 5 ayes - 0 nays Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman Czyz Voting Aye Councilman Martin Rosiek Voting Aye Councilman John Arrigo Voting Aye Councilman Leonard Pero Voting Aye RESOLVED THAT: Resolution 071205-#2 WHEREAS the Town of Brant Highway Department wants to make repairs to the Memorial Town Park area which may cause temporary obstruction, installations, and constructions to a portion of a State Highway Right-of-Way pursuant to sections 52, 103, 203 and/or 250 of the Highway Law, and WHEREAS the State Department of Transportation requires municipalities doing such construction on or within State Highway Right-of-Ways to enter into an agreement with the ?State? that indemnifies the NYS Department of Transportation and the ?State? and others with respect to all operations under such permits granted by the Department of Transportation. WHEREAS the Town of Brant has reviewed the ?NYS Undertaking In Connection with Highway Work Permits? submitted by the State Dept. of Transportation. WHEREAS the Agreement requires the Town of Brant to restore at its own expense any damage that may occur to the portion of highway where construction will occur. It also requires the Town of Brant to hold harmless and defend and protect the State of New York and all associated from any damages arising from or growing out of the operation pursuant to said permits. WHEREAS this agreement does not impose an obligation to the Town of Brant to pay claims for which there would not otherwise be a remedy in law against the State of New York. The agreement is one of indemnity only. NOW, THEREFORE BE IT RESOLVED: the Town of Brant agrees with and will adhere to the terms of the agreement ?Undertaking (Municipality) In Connection With Highway Work Permits Issued by the New York State Department of Transportation AND HEREBY ALSO RESOLVED: That Samuel J. Chiavetta is hereby duly authorized to sign the undertaking in connection with Highway Work Permits issued by the Department of Transportation. Old Business As the Board tabled Chief Falk?s (and the Highway Superintendent respectively to insurance) request for a resolution allowing the Town of Brant to continue payments for health insurance coverage (after perspective retirement dates), Falk?s which is tentatively scheduled for 01-31-06 and payment of 75 of the 150 accumulated sick days at the current hourly rate at the time of retirement and 25 vacation days he will be eligible for after 01-01-06 till numbers could be supplied. Supervisor Chiavetta reported that the current cost for single health coverage is $3,321.00 per year. The board agreed to table for figures on the sick and vacation days. On a motion from Councilman Czyz and seconded by Councilman Rosiek the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO APPROVE THE JULY ABSTRACT AS SHOWN FOR PAYMENT ABSTRACT 7 for the year 2005 - General Fund Town wide Vouchers 207-261 Totaling: $99,398.33 - Highway Town WideVoucher 60-61Totaling: $1803.48 - General Fund Part Town Vouchers 16-17 Totaling: $16,209.08 - Highway Part Town Voucher 2-6 Totaling: $5017.31 - Street lighting Voucher 6 Totaling: $ 1529.48 On a motion from Supervisor Chiavetta, and seconded by Councilman Czyz the following was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO ADJOURN THE JULY MEETING AT 9:20 P.M. Respectfully submitted, Thea A. Ells Brant Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: COUNCILMAN ROSIEK: COUNCILMAN CZYZ: COUNCILMAN ARRIGO: COUNCILMAN PERO: