Minutes of regular meeting with bid for sale opening for backhoe and Public Hearing for Brant Water District/Surfside line extension of the Brant Town Board which was held on Tuesday February 13th, 2007 at 7:30 PM, 1294 Brant North Collins Road, Brant, New York at the Brant Town Hall. There were present: Supervisor Leonard K. Pero Councilman John Arrigo Councilman John J. Chiavetta Attorney William J. Trask Recording Secretary: Town Clerk Thea A. Ells Absent Councilman Jeffrey W. Gier & Councilwoman Roseann Turner Also present were: Joseph Giambrone, Highway Super., Joseph DeCarlo, Assessor, OIC Dave Hock, Joseph Gardyjan, Plan. Chair., Charles Arrigo, Hwy., Carmen Vacco, Ron Kobel, Lee Brunelli, Martin E. Rosiek, Larry Nachreiner The meeting was opened at 7:30 PM with a pledge to the flag led by Supervisor Pero, and called to order. Supervisor Pero made a short announcement to the audience: We are all here for the taxpayers and residents of the Town of Brant and nothing at this meeting should be taken personally. This is about a Town Board meeting making decisions in the best interest of the Town for its residents. Councilman Chiavetta moved for the adoption of resolution 20-07, seconded by Councilman Arrigo 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: January 5 Org w/ correction to CEO Appoint vote, and January 9, 2007 TOWN BOARD MINUTES ARE APPROVED Councilman Chiavetta moved for the adoption of resolution 21-07, seconded by Councilman Arrigo 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: SUPERVISORS DECEMBER 2006 FINANCIAL REPORT IS APPROVED Councilman Arrigo moved for the adoption of resolution 22-07, seconded by Councilman Chiavetta A roll call vote was taken: 3 Ayes 0 Nays Councilman Arrigo Voting Aye Councilman Chiavetta Voting Aye Supervisor Pero Voting Aye ADOPTED: TO ACCEPT THE FOLLOWING BUDGET MODIFICATIONS FOR THE MONTH ENDING DECEMBER 2006 Budget Dec From/ Appropriation Modifications (Inc) To Code Description General Fund Townwide $ 107.00 from A1990.4 Contingent Account $ (107.00) to A1010.1 Town Board-Pers Serv $ 52.00 from A1110.11 Court Clerk-Pers Serv(Ritz) 52.00 from A1110.12 Court Clerk-Pers Serv(Gugino) $ 104.00 to A1110.1 Town Justices-Pers Serv $ 684.00 from A1110.11 Court Clerk-Pers Serv(Ritz) $ (684.00) to A1110.4 Muni Court-Contr Expend(Ritz) $ 120.00 from A1110.12 Court Clerk-Pers Serv(Gugino) $ (120.00) to A1110.41 Muni Court-Contr Expend(Gugino) $ 93.00 from A1990.4 Contingent Account $ (93.00) to A1220.1 Supervisor-Pers Serv $ 500.00 from A1220.2 Supervisor-Equip & Cap Out $ 1,156.00 from A1320.4 Indeoendent Audit/Acctng-Contr Expend $ (1,656.00) to A1220.11 Supervisor Secretary-Pers Serv $ 4.00 from A1990.4 Contingent Account $ (4.00) to A1340.1 Budget-Pers Serv $ 139.00 from A1355.2 Assessment-Equip & Cap Outlay $ (139.00) to A1355.4 Assessment-Contr Expend $ 645.00 from A1450.2 Elections-Equip & Cap Out $ (645.00) to A1620.1 Buildings(Town Hall) Pers Serv $ 1,823.00 from A1450.2 Elections-Equip & Cap Out $ (1,823.00) to A1620.4 Buildings-Contr Expend(Town Hall) $ 571.00 from A1630.2 Community/Recrea Bldng-Equip & Cap Out $ (571.00) to A1630.4 Community/Recrea Bldng-Contr Expend $ 234.00 from A1450.2 Elections-Equip & Cap Out $ (234.00) to A1670.4 Central Print/Mail-Contr Expend $ 110.00 from A1990.4 Contingent Account 7.00 A1450.2 Elections-Equip & Cap Out $ (117.00) to A1680.4 Central Data Processing-Contr Expend $ 3,651.00 from A3120.2 Police/Bingo-Equip & Cap Out $ (3,651.00) to A3120.4 Police/Bingo-Contr Expend $ 35.00 from A1450.2 Elections-Equip & Cap Out $ (35.00) to A3510.4 Control of Dogs-Contr Expend $ 72.00 from A5010.1 Highway Admin-Pers Serv $ (72.00) to A5010.4 Highway Admin-Contr Expend $ 215.00 from A5132.2 Garage-Equip & Cap Out $ (215.00) to A5132.4 Garage-Contr Expend $ 2,200.00 from A3120.2 Police/Bingo-Equip & Cap Out $ (2,200.00) to A7110.2 Parks-Equip & cap Out $ 3.00 from A3120.2 Police/Bingo-Equip & Cap Out $ (3.00) to A7110.4 Parks-Contr Expend Special Grant Fund To transfer the 2006 Memorial Park Streetscape Project expenses and revenues from the General Fund to the Special Grant Fund due to the Federal CDBG Grant received through Erie County. All future project expenses should be charged to the Special Grant Fund until the project is completed. Expenses $25,094.73 CD7110.2 Memorial Park Project-Equip & Cap Out Revenues $25,094.73 CD4910 Federal Aid-Community Development Act Councilman Chiavetta moved for the adoption of resolution 23-07, seconded by Supervisor Pero 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: TOWN CLERKS 2006 ANNUAL AND JANUARY 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Gier moved for the adoption of resolution 24-07, seconded by Councilman Chiavetta 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: JUSTICE CLERKS JANUARY 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED (Gugino & Ritz) Councilman Chiavetta moved for the adoption of resolution 25-07, seconded by Councilman Gier 3 Ayes Pero, Arrigo, , Chiavetta 0 Nays ADOPTED: JANUARY 2007 CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ Councilman Chiavetta moved for the adoption of resolution 26-07, seconded by Councilman 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: JANUARY 2007 DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ Councilman Chiavetta moved for the adoption of resolution 27-07, seconded by Councilman 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: JANUARY 2007 BRANT POLICE DEPT.?S OFFICER IN CHARGE REPORT BE ACCEPTED AS READ Supervisor Pero moved for the adoption of resolution 28-07, seconded by Councilman Arrigo 3 Ayes Pero, Arrigo, Chiavetta 0 Nay ADOPTED: JANUARY 2007 TOWN CLERKS REPORT BE ACCEPTED AS READ Due to the weather the Planning Board did not conduct their monthly meeting in January 2007. Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices. Presentation to Kobel: THE TOWN BOARD & ASSESSOR?S OFFICE WOULD LIKE TO HONOR RON KOBEL FOR HIS 35 YEARS OF SERVICE & DEDICATION TO THE PEOPLE OF HIS COMMUNITY BY, PROCLAIMING FEBRUARY 17, 2007 RON KOBEL DAY IN THE TOWNSHIP OF BRANT, NEW YORK THANK YOU RON FOR YOUR LOYAL DEDICATION 1972-2006 ELECTED AND ASSISTANT ASSESSOR: SIGNED THIS DAY FEBRUARY 13, 2007 BY THE BRANT TOWN BOARD, ASSESSOR & TOWN CLERK Supervisor Pero presented a plaque and an engraved watch to Ron Kobel for his 35 years of dedicated service to the Town of Brant in the Assessors office from 1972 till 2006. Supervisor Pero reviewed the change in the Assessors offices from three elected to one appointed assessor, the need for an assistant assessor position, Pero explained that unfortunately it was never created and approved by civil service and the need for the position was not warranted any longer. SUPERVISORS? ANSWERS TO LAST MONTHS QUESTIONS: Supervisor Pero answered Q. Is Police car money in budget? A. Yes there is money in the 2007 budget for a vehicle and we may only spend $8,000.00 this year. There was some discussion about purchasing a share in one vehicle (K-9) as Councilman Arrigo pointed out that the Board has not approved a purchase and that he disagrees with it. Q. What hardships in Brant for Res # 010915-07? A. Hardship to the Town as insurance companies are already reviewing properties, and again unfunded mandates imposed by NY. Q. Police Officer in Charge- his hours? A. Pero elaborated the accomplishments? of the OIC and his department explaining that the Town certainly is getting a fair deal, and he read a letter informing the Board of improvements in that department in the last year. Q. Why is the Supervisor receiving an increase with the position of Parks Commissioner? A. The position has been in the budget for many years, position is needed and the income Pero receives will be donated back to the Town. Pero also stated that all his meetings including cell phone, meals, and mileage are not charged to the Town. Acknowledgment of Visitors: Supervisor Pero explained the change in the agenda stating that it frees visitors, other officials and guests to speak to the Board and leave at a respectable time, before the board has any lengthy discussions and or business, etc. Ron Kobel- Q. Received Tax bill, why increase on Erie County Sewer charges? A. Will have to check with Erie County Sewer Authority: Assoc of Towns are compiling information, questions, and concerns to question Authority?s (Sewer & Water) on the increases. Lee Brunelli - Com./ Refuse pick up was late last week and with the weather the town could have had garbage all over town. Martin Rosiek Q. What was the increase in Refuse? A. The increase was about $20,000.00 but could have been increased another $10 ? $15,000.00 if Town had stayed with Allied Waste. 8:00 PM Public Hearing: Town Clerk read the following notice and verified publication and posting: State of New York: County of Erie, Town of Brant Town Board In re proceedings for the extension lateral water mains on Surfside Drive In the Brant Water District #1 WHEREAS, there exists within the State of New York, County of Erie and Town of Brant an existing special district commonly know as the Brant Water District #1, and WHEREAS, the Brant Town Board, on its own resolution and pursuant to Section 199 of the Town Law of the State of New York, proposes the extension of water service within said existing district by constructing approximately 785 linear feet of 8 inch ductile iron water main with appurtenances to extend and benefit water service and fire protection on Surfside Drive, for which improvements the maximum amount proposed to be expended shall not exceed $30,000.00, and WHEREAS, it is proposed that the cost of said improvements, if constructed, shall be borne by the Brant Water District #1 at large, NOW, THEREFORE, PURSUANT TO TOWN LAW SECTION 199, IT IS, HEREBY ORDERED, that a public hearing shall be held before the Brant Town Board at its meeting to be held on February 13, 2007 at 8:00 p.m. in the Brant Town Hall, 1294 Brant-North Collins Road, Brant, New York, and it is further ORDERED, that at said time and place all interested parties shall be given an opportunity to be heard on the question of the proposed improvements and expenditures, and it is further ORDERED, that a copy of this Order, certified by the Town Clerk, shall be published and posted as required by law. BY ORDER OF THE BRANT TOWN BOARD January 9, 2007 Thea A. Ells, Brant Town Clerk M. Rosiek Q. What is the increase to the other water district customers? A. Councilman Chiavetta calculated and estimated that a $100,000.00 assessed property could possibly see an increase of $15 ? $20.00 a year for 2-5 years depending on available funding and the terms of the bond. Larry Nachreiner who owns property on Surfside addressed the Board and stated that they have been anticipating connection to water since the purchase of the land and that they have been contributing in taxes for the water district since its formation. Q. - Councilman Arrigo questioned Councilman Chiavetta? figures and asked where the figures came from? A. Information from Assessed value of district and anticipated cost from the MPR, etc. Q. Arrigo asked if there will be problems with the new homes that are already on extensions. A. None are anticipated. Councilman Chiavetta moved for the adoption of resolution 29-07, seconded by Councilman Arrigo 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: TO CLOSE THE PUBLIC HEARING The Board will look at estimated financing for the extension project at next months meeting. Town clerk read and verified the publication and posting of the following: NOTICE IS hereby given that the Town of Brant will be accepting sealed bids on one (1) Surplus 2001 John Deere 310G backhoe, being sold AS IS with an extend a hoe and a two ft digging bucket. Inspection of the vehicle can be arranged through the Town of Brant Highway Department during normal business hours of 8:00 a.m.-3:30 p.m. 549-4770. Sealed bids must be accompanied with a certified check payable to the Town of Brant for 10% of the bid amount. Balance due upon pick up of equipment which will be no sooner than March 31st. Bid opening will take place on Tuesday, February 13th, 2007 at 8:00 p.m. at the Brant Town Hall. Bids must be delivered to the Town Clerk?s Office, 1294 Brant North Collins Rd., Brant, NY 14027 THE TOWN OF BRANT RESERVES THE RIGHT TO REFUSE ANY AND ALL BIDS. Thea Ells notified the Board she received one bid and opened the bid from Mecca Farms for the amount of $26,260.00 with a check for $2,260.00. The Board acknowledged receipt of bid, no action was taken. OLD BUSINESS: PC UPDATE: As Councilman Chiavetta was to oversee purchase/lease of computers for the town clerks office, police department, and supervisors office he reported that Thea and Dave?s are up and running and Michele will be next. CELL PHONE POLICY: Table till next month. SCHOOL CLOSING UPDATE: The meeting scheduled for tonight was cancelled and Supervisor Pero shared the statement he was sending to the Evans Brant School board stating the Brant Town Board is strongly opposed to any school closing, and to make it clear that the Town is not interested in purchasing the School building. NEW BUSINESS: AOT Delegates: Councilman Arrigo moved for the adoption of resolution 30-07, seconded by Councilman Chiavetta Turner 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: DELEGATES RENAMED FOR ASSOCIATION OF TOWNS ANNUAL TRAINING AND MEETING: DELEGATE JUDGE PETER GUGINO AND ALTERNATE JUDGE DEBRA RITZ MOU SW Regional Water: Supervisor Pero requested the Boards approval to sign a Memorandum of Understanding between the Town of Eden, Town of Brant, Town of North Collins, Village of North Collins, Village of Angola which comprise the region named to jointly develop and construct an improved water transmission facilities to meet public water needs and to study the development of an integrated water system for the area with a study by CRA Infrastructure & Engineers. This agreement would take advantage of the recently awarded Shared Municipal Services Incentive Grant. Eden would act as the lead agency and each community shall be responsible for providing matching funds; a schedule of funds is attached. Due to the length of the document it will be attached to the minute book. Supervisor Pero moved for the adoption of resolution 31-07, seconded by Councilman Chiavetta A roll call vote was taken: 3 Ayes 0 Nays Supervisor Pero Voting Aye Councilman Chiavetta Voting Aye Councilman Arrigo Voting Aye ADOPTED: APPROVE SUPERVISOR PERO TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF EDEN, TOWN OF BRANT, TOWN OF NORTH COLLINS, VILLAGE OF NORTH COLLINS, VILLAGE OF ANGOLA: ALL PARTIES AGREE TO ENGAGE IN COOPERATIVE EFFORTS TO EVALUATE DEVELOP, CONSTRUCT, AND MAINTAIN THE SWED REGIONAL WATER PROJECT IN THEIR RESPECTIVE COMMUNITIES. Petty Cash for Tax Collection: Supervisor Pero moved for the adoption of resolution 32-07, seconded by Councilman Chiavetta 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: TO ESTABLISH A TAX PETTY CASH FUND FOR 2007 PROPERTY TAX COLLECTION IN THE AMOUNT OF $200.00 TO BE CLOSED AT THE END OF COLLECTION, AND THAT PROPERTY TAX OVERPAYMENTS OF .49 CENTS OR LESS BE TURNED OVER TO THE SUPERVISOR AT THE CLOSE OF COLLECTION. Town Park Maintenance Contract: Supervisor Pero stated that the contract request would be for only one year as the park expansion projects will affect contracted work the following year. The notice to bidders will be advertised in the Town Crier, Angola Penny Saver, and on the web site along with the bid specifications on the site and available at no charge at the Town Clerks office or by mail, fax or e-mail. Bid opening will be Tuesday march 13th at 8:00 PM. New Street Lights: Supervisor Pero moved for the adoption of resolution 33-07, seconded by Councilman Arrigo A roll call vote was taken: 3 Ayes 0 Nays Councilman Arrigo Voting Aye Councilman Chiavetta Voting Aye Supervisor Pero Voting Aye ADOPTED:THAT IN ACCORDANCE WITH AGREEMENT DATED JUNE 27, 2005, THE NATIONAL GRID POWER CORPORATION BE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE STREET LIGHTING SYSTEM IN THE TOWN OF BRANT. LOCATION NO. *INSTALL NO. CHARGE Brant N Collins Rd 124 100 whps 1 $102.74 ? 125 100 whps 1 $102.74 TOTAL NEW ANNUAL CHARGE $ 205.48 TOTAL PRESENT ANNUAL CHARGE _________ TOTAL INCREASE IN ANNUAL CHARGE $ 205.48 Supervisor Pero moved for the adoption of resolution 34-07 seconded by Councilman Arrigo: 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: IN ORDER TO COMPLY WITH CIVIL SERVICE REQUIREMENTS THE FOLLOWING POSITIONS ARE REQUIRED TO BE FILED WITH CIVIL SERVICE: TEN (10)SEASONAL PT LIFEGUARDS, 25 (TWENTY FIVE)SEASONAL PT RECREATION ATTENDANTS, 3 (THREE) SEASONAL PT BUS DRIVERS, 4 (FOUR) PT PATROLMEN, AND 2 (TWO) SEASONAL PT LABORERS FOR THE HIGHWAY DEPT. Supervisor Pero moved for the adoption of resolution 35 -07 seconded by Councilman Chiavetta: 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED TO APPROVE APPOINTMENT OF MICHELE HY AS THE TOWN OF BRANTS? AFFIRMATIVE ACTION OFFICER. Other Reports Memorial Park Update: The lights have been chosen and ordered, and the committee is looking at shrubs (donation from Concord Nursery and a gazebo. Park Expansion is looking at playground equipment and some of the requirements of the grant. Fire Company has concern over live burn and placement of buildings and wires. Pero met with Miner and NYS rep and had the orientation, and set a tentative schedule. Grants: CDBG Senior Building Improvement application was denied. CDBG Quality Community Grant (Farnham) was denied. CDBG awarded $234,633.00 to Rural Transit Arts council Awarded Brant $1250.00 for our Concert Series The Quality community Grant Application the Town of Brant is a part of South Towns Community Enhancement Coalition has received notice of a Shared Municipal Service Incentive Grant for $27,750. to implement not for profit status. EFARM grant form NYS Dept of Ag & Markets to Phillip Farms Records Management files for supervisors office will be delivered soon. Signs for entrances to Town have been delivered but will not be put in place till weather permits. Solar Installation classes will be held soon- contact Bill Henry Reports of Committees: Employee Benefit ? nothing new Recreation Community Building ? will work with figures as grant denied but still have member item money- Councilman Arrigo questioned requirement to bid out the work to minorities ? no requirement unless using federal monies according to Supervisor Pero. Town Board reports: Leonard Pero: Covered the dates for refuse pick up and the service Announced that the Assessor is available by appointment besides the hours the Assessors Clerk is available during the week and Town Clerk is also available by appointment as needed as always Meetings and Correspondence: Supervisor Pero read a resolution form Erie county Legislature concerning sex offenders on the internet. Read a resignation letter from Jack Mancuso for the Board of Review and Assessment due to illness and inability to attend the required classes. Read from Letter from Senator Volker and Jack Quinn concerning the Hospital Closings in the area and our resolution sent to him. Pero reported on meeting form January 11th N. E. S. T. meeting South towns Coalition Meeting was February 9th with the next being March 9 to start on Phase 2, looking at possible farm museum NY Planning Federation cancelled the training scheduled in February but there are some options for March and early spring CDBG & Rural Transit meeting will be held February 22 GBNRTC meeting will be held March 7 Read from letter concerning a plan for a round about at Route 20, Route 5, and Route 438. Supervisor Pero recognized Mark Hageman Jr. who became a Eagle Scout on January 14, 2007. Mark worked on the sidewalk cleanup project which helped to earn his honor. Supervisor Pero made a public apology to Judge Peter Gugino for misinformation about his Justice budget being so grossly over stated, this was untrue, and the abuse he took while at one of our town Board meetings was uncalled for, he was embarrassed by the statements that had nothing to do with the situation and it caused disruption with the insults an mistruths. We are sorry, Peter. APPROVAL OF ABSTRACT Councilman Chiavetta moved for the adoption of resolution 36-07, seconded by Councilman Arrigo Turner 3 Ayes Pero, Arrigo, Chiavetta 0 Nays TO APPROVE THE JANUARY ABSTRACT AS SHOWN FOR PAYMENT: ABSTRACT 14 FOR THE YEAR 2006 AND ABSTRACT 2 FOR 2007 Abstract 14 of 2006 General Fund Town Wide 2006 Vouchers 607-614 Totaling: $6.282.86 General Fund ? Part Town Vouchers 38-41 Totaling: $ 45.00 Abstract 2 for 2007 General Fund Town wide Vouchers 19-68 Totaling: $16,963.54 Street lighting Voucher 1 Totaling: $2,701.93 General Fund ? Part Town Vouchers 3 Totaling: $ 9,952.50 Highway Town wide Vouchers 3-13 Totaling: $ 11,791.31 General Town wide ? Payroll Totaling: $24545.30 Jan. 15 ? Feb 9 General Fund Part town Payroll ? 298.10 Brant Water District: Voucher 2 Totaling:$166.25 Highway Payroll Jan.15-Feb. 9 Totaling: $12,249.26 Councilman Arrigo moved for the adoption of resolution 37-07, seconded by Councilman Chiavetta 3 Ayes Pero, Arrigo, Chiavetta 0 Nays ADOPTED: ADJOURN THE February 13TH REGULAR BOARD MEETING @ 9:20 PM IN MEMORY OF FORMER MAYOR ANN MARTORANA WHO PASSED AWAY ON JANUARY 9TH 2007 Respectfully submitted, Thea A. Ells Brant Town Clerk