Town Board Meeting Minutes 8-9-05


Minutes of the regular meeting of the Brant Town Board at 8:00 PM and bid opening for the Four Corners Streetscape Project at the Town of Brant Memorial Park at 8:15 PM, and at 8:30 PM a Public Hearing to consider amending Chapter 61-Article 1 (adopted 4/22/86) entitled ?Motor Vehicles on Beaches? at the Brant Town Hall, held August 9, 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 Josephine Kern, resident Sam Lojacano, resident Basil Kern, resident Donna & Dave Bown Karen Swartzwelder, resident Tish Brady, resident Paul Cesana Bernadine Eschner, resident Melanie Larson, The Sun Joseph Gardyjan, Planning Board Chairman Lee Brunelli, resident Jean Brunelli, resident Gail Militello, resident Marjorie Pantera, resident Kristina Hirsch, resident Pat Perpera, resident Anne Prince, resident Ed Dion, resident Betty & Franz Wolinski Christine Gierlinger, property owner Larry A. Militello, resident Otis Hovencamp, resident Maxine Hovencamp, resident Amy Stitz, resident Howard Stitz, resident David Gierlinger, property owner Virginia Schilling, resident Ellen Marcy, resident Dennis Rubeck, resident Brenda Giacchino, resident James Shea, resident Diane Czyz, Supervisor Secretary 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 was a Bid Opening at 8:15 which the Board will break for and a Public Hearing at 8:30 which the Board will break for and then return to regular business. On a motion from Councilman Czyz, seconded by Councilman Pero, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE JULY 2005 TOWN BOARD MINUTES ARE APPROVED 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 SUPERVISORS JUNE FINANCIAL 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, AND TAX COLLECTOR JULY FINANCIAL RECONCILIATION REPORT IS ACCEPTED 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 JUSTICE CLERKS JULY FINANCIAL RECONCILIATION REPORT IS ACCEPTED On a motion from Councilman Rosiek , 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 MAY AND JUNE 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 JUNE AND JULY DOG CONTROL OFFICERS REPORT IS ACCEPTED 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 POLICE CHIEF?S JULY REPORT IS ACCEPTED 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 JULY REPORT BE ACCEPTED There was not a July planning board meeting but there was a request to obtain one full set of the Brant Zoning Map to be kept by the planning board secretary to be filed in the Town Clerk?s office and to be readily available for Planning and Zoning Board Members at a cost totaling $48.00. 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 OBTAIN COPIES OF THE TOWN ZONING MAP BE ACCEPTED ALL Reports are attached in Minute Book WATER DISTRICT: Supervisor Chiavetta reported that there is nothing new with the new water consortium. The water committee (Rosiek & Arrigo) will meet with James Shea and anyone interested should call one of the committeemen for dates, to review and negotiate with the Village of Farnham for the Brant Water District #1 contract. 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. Christine Gierlinger spoke as President of the Wide Beach Property Owners Association which is newly reorganized and stated to the Board that various property owners from Wide Beach are prepared to speak to the Board concerning the Snow Plowing issue. Pat Purpera spoke about access to the fire hydrants stating that the property owners themselves keep the hydrants clear all seasons but if the road is impassable the trucks cannot access them. He mentioned insurance rates. Larry Militello spoke regarding garbage pick up and the problem of placing the possible 100 cans a week out at Lakeshore Road and the mail at Lakeshore Road and the issue of theft. Ray Pilon a 50 yr property owner spoke about a storm hitting the area and emergency services not having access and that the Board members would here it on the News. Amy Stitz spoke on bus pick up at her home and the possible need to walk to Lakeshore Road 3 times a day. Gierlinger spoke about the Sewer Pump Station, and read from a 1997 June meeting of the Town concerning the decision to continue the plowing of private roads. Militello spoke again about finding the solutions to the various problems as trees overhanging in the road, cars parked in the road, cars going the wrong way on one way roads, etc. Councilman Rosiek answered that he is willing to work with the residents to find a solution to the problem. Supervisor Chiavetta announced that it was time for the 8:15 Bid Opening,(actual 8:27) Thea Ells; Town Clerk read the following notice which was published in the Town Crier July 19th , 2005: LEGAL NOTICE TOWN OF BRANT REQUEST FOR BIDS Town of Brant requests bids for the Four Corners Streetscape Project at the Town of Brant Memorial Park, intersection of Route 249 and Brant Reservation Road, Brant, New York, is to include new sidewalks, park lights, pedestal clock, shrubs and fencing. 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 August 9th, 2005 at 8:15 p.m. at the regular meeting of the Brant Town Board, Brant Town Hall, 1294 Brant North Collins Road, Brant, New York. Dated July 13 By order of the Brant Town Board Thea Ells, Brant Town Clerk H&K Services, Inc. Conewango Valley $97,700.00 Supervisor Chiavetta stated he would turn over the bid to Erie County Environment and Planning and the Engineers for their recommendation on the project. Councilman Pero questioned the contents of the bid spec?s in specific regards to the clock. Supervisor Chiavetta announced that it was 8:30 (8:34 actual) and time for the Public Hearing for the consideration of amending Chapter 61- Article 1, entitled ?Motor Vehicles of Beaches?. The Town Clerk Thea Ells read form the notice which was published July 26, 2005 as follows: 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 the 9th day of August, 2005, 8:30 p.m. at the Brant Town Hall, Brant-North Collins Road, Brant, New York, to consider amending Chapter 61-Article 1 (adopted 4/22/86) entitled ?Motor Vehicles on Beaches? to eliminate operation of motor vehicles on beaches in the Town of Brant from June through September. Change in the 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. Dated: Dated July 20, 2005 By order of Brant Town Board, Thea Ells, Brant Town Clerk Public Hearing was opened for comments: Sam Lojacano commented that the Board is voting to amend a law that they admit they have not enforced, and asked that they drop the whole issue. Gierlinger spoke and stated that the Wide Beach Association has been policing themselves and they don?t need any more government sticking their nose in to their business. Supervisor Chiavetta referred to the meeting with the DEC. Anne Prince spoke as a lakefront homeowner with many concerns with the nearby reservation and a recreation camp and that the Town Law protects them. Gierlinger spoke that the recreation vehicles are gone after the summer. Prince stated that they do not just disappear after Labor Day. Brady spoke about tractors on the beaches. Prince mentioned that the Town has the ability to adopt ordinances that are stricter than the DEC?s laws and that many towns do have laws prohibiting vehicles on beaches. Supervisor Chiavetta asked if there were any other comments as there was none. On a motion from Supervisor Chiavetta, 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 PUBLIC HEARING IS CLOSED THE ACKNOWLEDGEMENT OF VISITORS RESUMED: Militello stated that in reference to the vehicles on beaches they will police themselves. Gierlinger spoke again concerning the ownership of the Sewer Pump Station and the possible health concerns if it is not accessible. Councilman Pero stated that he would like to change his vote as he voted to stop the plowing as he did not want to be held liable. Councilman Pero stated that he has been working hard to find a solution and has a resolution that will be voted on later in the meeting to allow the town to help the residents secure a contractor to plow. A resident asked the board to rescind the motion to stop the plowing on private roads, and felt that it was like discrimination to stop the plowing. Militello spoke about emergency access to the roads. Gierlinger spoke and felt the Board had covered for the decision of the Highway Superintendent. The residents requested that the Board meet with representatives from Wide Beach and Lotus Bay. The Acknowledgement of Visitors was closed. NEW BUSINESS: Item 1) On a motion from Supervisor Chiavetta, seconded by Councilman Czyz the following resolution was Adopted: 5 ayes - 0 nays Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE BOARD MEETINGS BE RESCHEDULED IN SEPTEMBER AND NOVEMBER DUE TO PRIMARY DAY AND ELECTION DAY FROM TUESDAY SEPTEMBER 13TH, TO WEDNESDAY SEPTEMBER 14TH AT 8:00 PM, AND TUESDAY NOVEMBER 8TH TO WEDNESDAY NOVEMBER 9TH AT 8:00 PM Item 2) Supervisor Chiavetta brought forward a new development which Attorney Grennell had conferred with attorneys from the Association of Towns late last week and was informed of a Highway Maintenance Law that enables the town to bid out the contract and charge only those homes affected by the plowing and does not take State legislation to enact. A number of residents spoke and stated that they did not want their taxes raised, and they just want the Town to plow. Chiavetta commented that instead of narrowly looking at one solution we should look at more ideas. A resident asked the Highway Superintendent, Joe Giambrone directly why he would no longer plow the roads. Giambrone stated that he was not getting any cooperation from the residents with concerns such as trees, cars in the road and cars coming at the plow trucks the wrong way. Giambrone also stated that the bottom line is liability. The residents made more comments and one stated that if the town would not plow they didn?t want the Town involved in their business, and also stated, no they will not turn the roads over to the Town. On a motion from Supervisor Chiavetta, seconded by Councilman Czyz the following resolution was Adopted: 4 ayes - 1 nays Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman Eugene Czyz Voting Aye Councilman Martin Rosiek Voting Aye Councilman John Arrigo Voting Aye Councilman Leonard Pero Voting Nay RESOLVED THAT THE BOARD HOLD A PUBLIC HEARING TO REVIEW A ?HIGHWAY MAINTENANCE LAW.? ON SEPTEMBER 14TH AT 8:30 PM. Item 3) Supervisor Chiavetta announced that the Association of Erie County Governments August meeting would be held at the V. F. W. Pos 8265 in Eden on August 25, 2005 with speakers form Buffalo Niagara Assoc. of Realtors and from Upstate Workmen?s Compensation Item 4) On a motion from Councilman Rosiek, seconded by Supervisor Chiavetta the attached resolution be supported and Adopted: 5 ayes - 0 nays Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT TOWN BOARD OF BRANT SUPPORT THE ATTACHED RESOLUTION CONCERNING OPPOSITION OF FEES THAT THE COUNTY OF ERIE WISHES TO IMPOSE ON OUR RESIDENTS OR THE PROPOSITION OF ELIMINATION OF THE ERIE COUNTY SHERIFFS ROAD PATROLS. Item 5) Councilman Pero decided not to pursue his resolution, for two special districts after the State Legislation passes a Home Rule Message. Pero stated that he did not vote for the Highway Maintenance Law as he did not know in advance of the development. Arrigo and Rosiek stated that they did vote for the Highway Maintenance as it would provide another option to pursue. Item 6) letter of request received today 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 APPROVE COLLECTION IN BRANT TOWN HALL CLERKS OFFICE BY EVANS TAX COLLECTOR DIANA CAFFERTY FOR EVANS BRANT SCHOOL TAXES ON FRIDAY OCTOBER 7 FROM 4:30PM ? 7:00 PM MISCELLANOUS BUSINESS On a motion from Councilman Pero: with no second; the following motion was not voted on: To rescind the previous motion to change the policy of not plowing private roads to the original motion at the organizational meeting in January of 2005 to plow the private roads for emergency use. Rosiek asked if that would accomplish getting the roads plowed and Pero answered yes. Chiavetta, Rosiek and Czyz disagreed and said that they could not make the elected superintendent plow private roads and break the law. After comments and discussion: On a motion from Councilman Rosiek, seconded by Councilman Pero the following motion was ADOPTED: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO RESCIND THE PREVIOUS MOTION TO NO LONGER PROVIDE PLOWING ON PRIVATE ROADS AND REVERT TO THE ORIGINAL MOTION FROM THE ORGANIZATIONAL JANUARY MINUTES TO PLOW FOR EMERGENCY USE PENDING THE COOPERATION OF THE HIGHWAY SUPERINTENDENT. RECREATION UPDATE: The campers went to a Bison Game free of charge and there has been a request to extend the program a week. On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek and Arrigo the following motion was ADOPTED: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO EXTEND THE RECREATION PROGRAM ONE WEEK WITH AN ADDITIONAL CHARGE OF $10.00 TO THE CAMPERS. CONCERT IN THE PARK UPDATE: Diamond Sound will be playing Monday Night August 29, 2005 from 7:00 PM - 9:00 PM OLD BUSINESS Item 1) On a motion from Supervisor Chiavetta and seconded by Councilman Arrigo the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO CONTINUE HEALTH INSURANCE COVERAGE FOR CHIEF WAYNE FALK UPON RETIREMENT AND JOSEPH GIAMBRONE AS IN PAST PRACTICE FOR FULL TIME EMPLOYEES WITH OVER TWENTY YEARS SERVICE TO THE TOWN OF BRANT AND TO COMPENSATE CHIEF WAYNE FALK FOR 100 DAYS AT THE CURRENT RATE AT THE TIME OF HIS RETIREMENT Councilman Rosiek stated that the Town should adopt a policy that where there would be a dollar amount capped on benefits for retiring employees. Supervisor Chiavetta announced that Marty?s son Eric Rosiek had a serious tractor accident and Fred Ball?s daughter Cathy had surgery and also Karen Schwartzwelder and that all are recuperating and asked that everyone remember them in their thoughts and prayers. Chiavetta announced that there would be a fund raiser at the Brant Town Park for Eric Rosiek. Marty commented that he has been healing remarkably with everyone?s prayers and a scrap of cloth from Father Baker. The water committee: Rosiek and Arrigo along with James Shea shall meet with Farnham to review the contract for the Brant Water District 1. 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 AUGUST ABSTRACT AS SHOWN FOR PAYMENT ABSTRACT 8 for the year 2005 General Fund Town wide Vouchers 262-318 Totaling: $19,972.53 Highway Town Wide VoucherS 62-68 Totaling: $2,247.42 General Fund Part Town Vouchers 18 Totaling: $907.74 Highway Part Town Voucher 7-11 Totaling: $17,546.93 Street lighting Voucher 7 Totaling: $1536.23 Fire Protection Voucher 2-3 Totaling: $71,327.92 Brant Water Dist #1 Voucher 5 Totaling: $60.00 On a motion from Councilman Pero, and seconded by Councilman Czyz the following was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO ADJOURN THE AUGUST MEETING AT 9:35 P.M. Respectfully submitted, Thea A. Ells Brant Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: COUNCILMAN ROSIEK: COUNCILMAN CZYZ: COUNCILMAN ARRIGO: COUNCILMAN PERO