JUNE 2005 TOWN BOARD MINUTES


Minutes of the regular meeting of the Brant Town Board at 8:00 PM and bid opening for tennis and basketball court repairs at 8:15 pm, at the Brant Town Hall, held June 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: Gina DeMaria, Deputy Town Clerk Deputy Clerk Barbara Daniel Absent: Thea A. Ells (attending Tax Collectors Seminar) Also present were: Joseph Giambrone, Highway Super Charles Arrigo, resident Alice Escott, Town Crier John & Betty O?Donnell Thomas Bowman Jr., Pro Shop Melanie Larson, The Sun Joseph Gardyjan, Planning Board Chairman Lee Brunelli, resident Ed Dion, resident Diane Czyz, Supervisors secretary The meeting was opened with a pledge to the flag led by Supervisor Chiavetta. Supervisor Chiavetta mentioned that it was Flag Day and went over some history surrounding Flag Day. He also 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 Rosiek, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE MAY 2005 TOWN BOARD MINUTES ARE APPROVED 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 SUPERVISORS APRIL 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 TOWN CLERKS & TAX COLLECTOR MAY FINANCIAL RECONCILIATION 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 JUSTICE CLERKS MAY FINANCIAL RECONCILIATION REPORT IS ACCEPTED NO CODE ENFORCEMENT OFFICER?S MAY REPORT 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 DOG CONTROL OFFICER?S MAY 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 POLICE CHIEF?S MAY REPORT IS ACCEPTED Town Clerks Report: Report is attached in Minute Book Fund Raiser: Catherine Eimers asked if we could sponsor a fund raising effort for ?Red Jacket? a two year old male red tailed hawk who had his right wing shot off and cannot be rehabilitated. He is residing at their residence in a large cage and has to be fed. I did some checking with some other fundraising efforts and was informed that we cannot collect monies through our window but she can put out a can and collect it herself. I would like a motion from the Board for their blessing. On a motion from Councilman Pero, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE TOWN CLERK HAS PERMISSION TO ALLOW EIMERS TO PLACE CAN FOR COLLECTION FOR RED JACKET 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 REPORT BE ACCEPTED Planning Board Report: Report is attached in Minute Book Supervisor Chiavetta read a number of permit applications listed in the report that needed to be approved by the planning and zoning boards, (report is attached in the minute book.) There was discussion about the recommendations of the planning board in regards to windmills. Attorney Grennell has information for the Planning Board to review and has contacted a local attorney who is drafting legislation for several other towns which may help reduce cost to the town. Supervisor Chiavetta announced that it was 8:15 and time for the Bid Opening, Gina DeMaria; Deputy Town Clerk read the following notice which was published in the Town Crier May 17, 2005: ADVERTISEMENT FOR BIDS FOR TENNIS COURT REPAIRS AT THE TOWN PARK TOWN OF BRANT ERIE COUNTY, NEW YORK Sealed bids for the Tennis Court Repairs at the Town Park at 1000 Brant Farnham Road in the Town of Brant, Erie County, will be received by the Brant Town Clerk, until 8:15 PM local time on June 14, 2005 at the Brant Town Hall, 1294 Brant-North Collins Road, Brant, New York 14027, at which time and place they will be publicly opened and read. The project consists of repairs and resurfacing of two tennis courts and one basketball court at the Town Park. Prevailing wage rates are required to be paid on this project. Wage schedules are available at the New York Department of Labor web site: [url=http://www.labor.state.ny.us]www.labor.state.ny.us[/url] Plans, specifications and bid forms are on file for inspection with the Town Clerk, and at the office of E&M Engineers and Surveyors, PC, 482 South Cascade Drive, Springville, NY 14141. The Town of Brant reserves the right to reject or accept any and all bids. A bid bond or certified check in the amount of five percent (5%) of the bid is required. Copies of plans, specifications and bid forms may be obtained from the Town of Brant Clerk's office, upon the deposit of Twenty Dollars ($20.00) for each set of documents. DEPOSIT CHECKS SHALL BE MADE PAYABLE TO THE TOWN OF BRANT. If documents are to be mailed, a separate check in the amount of $2.00 made out to the Town of Brant is required for First Class Postage. Any Bidder, upon returning the Contract Documents to the Town Clerk within 30 days, pursuant to Section 102 of the General Municipal Law and in good condition, will be refunded their deposit payment, and any non-bidder upon so returning the Contract Documents will be refunded Ten Dollars ($10.00). By Order of the Brant Town Board Thea A. Ells, Brant Town Clerk As no bids were received Supervisor Chiavetta stated that the meeting would continue. Water District: Supervisor Chiavetta reported that the Southwest Erie County Regional Water Supply Project had a presentation on June 3rd with the State facility at Collins Correctional and there would be another meeting in Buffalo about July 11th. Brant Revitalization Committee: Councilman Pero reported that the Scouts are scheduled to clean the sidewalks after school lets out. He also reported that he is looking into a project of a small winery and is looking at equipment. The Summer Fest is scheduled for Saturday July 16th and vendors are needed and there is a possibility of not having the garage sale as people cannot attend both. Tentatively: the recreation may have a parade, historical society to display articles, Fire Dept to have BBQ. 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 Town Board to request a speed reduction and or a child at play sign on Hammond Road. Supervisor Chiavetta acknowledged the request and said he would send a letter to the county and the Town would take care of the children at play sign. Supervisor Chiavetta announced that recreation registration has begun and there are some late hours for those who can?t make it in during the day. Highway Superintendent Joseph Giambrone stated that he was having problems on Surfside Drive where the road was cut for sewer installation of two new houses, and there is some confusion over who is responsible for putting up the 30 MPH sign. Attorney John Grennell will send a letter to homeowners responsible for repairing the road. 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 RESOLUTION BE ADOPTED: WHEREAS an Advisory Committee was formed in August 2000 to review the Town?s parks and recreation needs and services, and WHEREAS the Advisory Committee developed a five-year Parks and Recreation Master Plan which the Town hopes to implement to expand the parks and recreation availability and usage within the Town of Brant for citizens of all ages; WHEREAS the Parks and Recreation Master Plan specifies the need for recreation improvements, including, but not limited to acquisition and development of land adjacent to the Brant Town Park and rehabilitation of existing recreational amenities at the Brant Town Park. NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of Brant does hereby reaffirm the contents of the five-year Town of Brant Parks and Recreation Master Plan , and BE IT FURTHER RESOLVED: That The Town of Brant Town Board will review said Parks and Recreation Master Plan on an annual basis, beginning one year from the date of this resolution. 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 That Samuel J. Chiavetta, Jr., as Supervisor of the Town of Brant is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $50,000, with a Town match of $50,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Brant for the Brant Town Park Rehabilitation & Development Grant and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Item 2) On a motion from Councilman Pero, seconded by Councilman Arrigo, the following motion was Tabled: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 TABLED CHIEF FALK?S REQUEST FOR A RESOLUTION ALLOWING THE TOWN OF BRANT TO CONTINUE PAYMENTS FOR HEALTH INSURANCE COVERAGE AFTER HIS RETIREMENT DATE 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. The Board members expressed the need to go over the figures at the next work shop to allow for a more informed decision on the above matter. Item 3) On a motion from Supervisor Chiavetta, seconded by Councilman Czyz, the following Resolution was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO OPEN BIDS FOR A NEW ONE TON HIGHWAY DUMP TRUCK JULY 12 AT 8:15 Item 4) On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek, the following motion 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: WHEREAS, many municipalities, including cities, counties, towns and village are facing challenging budgets annually, due to health and pension costs that have been escalating at five times the rate of inflation for several years; and WHEREAS, municipalities must come to terms with these escalating costs and develop reform and change, on a long term basis, that will lessen the burden of these ever increasing costs; and WHEREAS, we believe we can start that process by recommending a change in the present pension system, whether it be the establishment of another tier less that is less lucrative and not a defined benefit plan, or an amendment of previous tiers; and WHEREAS, the fiscal impact would be of major assistance to municipal governments. Now therefore, be it RESOLVED, that all municipal workers continue to contribute to their pensions for their entire career and be it further RESOLVED, that a copy of this be sent to Governor George Pataki, Senate Majority Leader Joseph Bruno, Senator Jack Quinn, Assembly Speaker Sheldon Silver, Assemblyman Dale Volker, the Property Tax Reform Task Force in care of Jeffrey Haber Executive Director of the Association of Town of the State of New York and Supervisors of the Towns of Erie County. Item 5) Supervisor Chiavetta read from a resolution from Erie County Legislature stating that several meetings have been held and an agreement with an increase of reimbursement for snow and ice removal on county roads for 2005-2006 of $70.00 and 2006-2007 $139.00. When the Supervisor receives the contract he will notify the Highway Superintendent. 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 THAT THE SUPERVISOR IS AUTHORIZED TO SIGN THE TWO (2) YEAR CONTRACT WITH THE COUNTY OF ERIE FOR REIMBURSEMENT TO OUR MUNICIPALITY FOR SNOW AND ICE REMOVAL ON CERTAIN COUNTY ROADS WITHIN OUR TOWN. Item 6) Supervisor Chiavetta read the following letter: Over the years the Town of Brant has been increasingly criticized by the New York State Comptroller?s Office during its annual review for the snow plowing of private roads; specifically Lotus Bay and Wide Beach Roads. This criticism has been leveled at the Town even though this plowing has been done on an ?Emergency? basis only. Simply stated, the Comptroller?s Office believes that this plowing amounts to the conveyance of services to a private individual(s) and not the Town as a whole. For this reason, coupled with liability issues, the Town Board now feels compelled to advise residents for Wide Beach and Lotus Bay Roads that the Town can no longer provide snow plowing service for these roads, even on a limited basis. Notice of this decision is being given at this time to allow the effected property owners sufficient time to obtain alternate plowing arrangements. The Town Board regrets making this decision but feels that it has no choice in light of the New York State Comptroller?s Office position. We apologize for any hardship that this decision may generate. Signed by all Board Members. Councilman Arrigo inquired if the residents could turn the road over to the Town and Supervisor Chiavetta answered yes it could be an option if certain criteria were met, and it would no longer be a private road. On a motion from Supervisor Chiavetta and seconded by Councilman Rosiek the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO NO LONGER PLOW PRIVATE ROADS WITHIN THE TOWN OF BRANT Item 7) The Board acknowledged a letter from E&M Engineers concerning a possible extension of water and sewer on Surfside Drive to currently vacant lots that at least one individual wants to purchase and then build on. Erie County Water Authority will not allow another extension; the water main and sewer will have to be extended. If the Town wishes to pursue this work E&M will put together a cost estimate. Item 8) Supervisor Chiavetta announced that the Erie County Government meeting this month is schedule for June 23rd and is at our Community Building. The program will include Michael Mahaney, Director of Erie County Libraries and Rebecca Pordum Chairwoman off Library Systems. Item 9) On a motion from Supervisor Chiavetta and seconded by Councilman Pero the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO SET BID OPENING FOR MEMORIAL PARK STREETSCAPE PROJECT ON JULY 12TH AT 8:30 PM Item 10) On a motion from Councilman Arrigo and seconded by Councilman Czyz the following motion was Adopted: 4 AYES ? 1 Nays Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Nays 0 Pero RESOLVED TO APPROVE THE HIRING OF THE RECREATION COUNSELORS AND LIFEGUARDS AS RECOMMENDED BY THE RECREATION COMMITTEE AND RECREATION DIRECTOR (list will be attached to minutes when provided by Supervisor) Councilman Pero opposed the motion as he felt more Town children should have been hired before out of town children. Councilman Rosiek stated that the Recreation Director should be able to pick the most qualified and responsible from wherever for the safety of our campers. Item 11) On a motion from Supervisor Chiavetta and seconded by Councilman Czyz the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT SUPERVISOR CHIAVETTA AUTHOR A RESOLUTION OF THANKS TO JUDY REISCHUCK FOR HER YEARS OF SERVICE AS EXECUTIVE DIRECTOR TO THE ASSOCIATION OF TOWNS Item 12) On a motion from Supervisor Chiavetta and seconded by Councilman Rosiek the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE FOLOWING LETTER BE SIGNED BY THE BOARD MEMBERS AND SENT TO THE EVANS BRANT CENTRAL SCHOOL DISTRICT FOR THEIR CONSIDERATION REGARDING SCHOOL TAX COLLECTION BY THE BRANT TAX COLLECTOR The Brant Town Board is forwarding this letter to the Evans Brant Central School District on behalf of the taxpayers that reside in the Town of Brant and Evans Brant School District. In 2003 the Town received notice that the Evans Brant School Board had appointed Diana Cafferty as District Collector for the 2003-2004 Tax year. In July of 2004, a letter was sent to the School district, accompanied by a petition with approximately 140 names, petitioning the Evans Brant School Board to reinstate the collection of school taxes to the Town of Brant Collector of Taxes. The Town of Brant has a high number of senior citizen taxpayers and their request was to have them be able to pay their taxes at our Town Hall, as it has been in the past. We, the Brant Town Board, are requesting your consideration of the above request. We would appreciate being advised as to when this request will be brought up at a school board meeting so we may attend that meeting. Signed by all Board members and attached were copies of the previous letter and petitions and a letter from the Comptrollers Office. Sent to Superintendent of Schools, Connolly, and Dan Pacos, Business Admin., and School Board members. Miscellaneous Business: Acknowledged a letter from Jeff and Anne Prince concerning Chapter 61: vehicles on beaches, along with an advertisement from the Town of Evans, with their notice prohibiting of vehicles on beaches. Supervisor Chiavetta said that someone form DEC may be at the next work session to go over some of the issues. Announced receipt of an invitation to USDA Rural Development to celebrate homeowner?s month in Ellicottville June 17th at 2:00 PM. As no one stated that there was any other business not covered: 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 JUNE ABSTRACT AS SHOWN FOR PAYMENT ABSTRACT 6 for the year 2005 General Fund Town wide Vouchers 160-205 Totaling: $29,653.50 General Town wide ? Payroll Voucher 27-32 Totaling: $ 28,241.63 General Fund ? Part Town Payroll Vouchers 1-2 Totaling: $ 626.45 Highway Town Wide Voucher 48-59 Totaling: $4,716.94 General Fund Part Town Vouchers 12-15 Totaling: $8,358.13 Highway ? Payroll Voucher 19-24 Totaling: 17,695.07 Highway Part Town Voucher 1 Totaling: $9,623.25 Street lighting Voucher 5 Totaling: $ 1,527.33 Fire Protection Voucher 1 Totaling: 918.35 Brant Water Dist #1 Voucher 3-4 Totaling: $16,950.00 The Highway Superintendent went over some of the things done at the Park over the last month: Swing set is all done, ran underground wire to pavilion, is requesting LSYF to place their bleachers on piers so that they are more stable and the grass & weeds underneath can be killed. Both Roofs (Recreation and Highway) are done and inspected by Joe Giambrone. Emptied pool and flushed system, had DM&K clean up debris and weeds around pool fence and trees down also concrete fixed in spots. Water content has been approved for the recreation building and pool house. Is concerned about the cracks in the wading pool. The Board agreed to meet at 6:30 for the next work session on June 28th. On a motion from Councilman Czyz, and seconded by Supervisor Chiavetta the following was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO ADJOURN THE JUNE MEETING AT 9:05 P.M. Respectfully submitted, Gina DeMaria Deputy Town Clerk (Recording Secretary) Compiled by Thea A. Ells, Brant Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: COUNCILMAN ROSIEK: COUNCILMAN CZYZ COUNCILMAN ARRIGO COUNCILMAN PERO