Minutes of regular meeting of the Brant Town Board which was held on Tuesday January 9th, 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 Jeffrey W. Gier Councilwoman Roseann Turner Councilman John J. Chiavetta Attorney William J. Trask Recording Secretary: Town Clerk Thea A. Ells Also present were: Joseph Giambrone, Highway Super., Gary Brecker, BI/CEO, Rick Lopez, BPO, Brian Kauzala, BPO, Linda Crouse, BJ Clerk, Joseph Gardyjan, Plan. Chair., Charles Arrigo, Hwy., Jean Brunelli, Lee Brunelli, Martin E. Rosiek, Kirk Ritz, Diane Czyz, Brian Campbell, The Sun, Jim Liegl, Dave Gierlinger, Chris Gierlinger 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 1-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: DECEMBER 12 & 28 2006 TOWN BOARD MINUTES ARE APPROVED Councilman Gier moved for the adoption of resolution 2-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: SUPERVISORS NOVEMBER 2006 FINANCIAL REPORT IS APPROVED Councilman Chiavetta moved for the adoption of resolution 3-07, seconded by Councilman Gier 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO ACCEPT THE FOLLOWING BUDGET MODIFICATIONS FOR THE MONTH ENDING NOVEMBER 2006 As of November, $11,676.43 has been spent on the Memorial Park. This expenditure will be funded by a Federal CDBG Grant, Erie County Clock tower Grant and matching Town Funds. The Grant revenues due and resulting budget changes will not be made until all the expenses for 2006 Budget Dec From/ Appropriation Modifications (Inc) To Code Description General Fund Town Wide $ 562.00 from A1450.4 Elections-Contr Expend $ (562.00) to A1110.4 Muni Court-Contr Expend(Ritz) $ 1,236.00 from A1450.4 Elections-Contr Expend $ (1,236.00) to A1110.41 Muni Court-Contr Expend(Gugino) $ 118.00 from A1450.4 Elections-Contr Expend $ (118.00) to A1220.4 Supervisor-Contr Expend $ 37.00 from A1355.2 Assessment-Equip & Cap Outlay $ (37.00) to A1355.4 Assessment-Contr Expend $ 43.00 from A1990.4 Contingent Account $ (43.00) to A1460.41 Records Management Grant-Contr Expend $ 220.00 from A1450.4 Elections-Contr Expend $ (220.00) to A1620.1 Buildings-Pers Serv(Town Hall) $ 137.00 from A1450.4 Elections-Contr Expend $ (137.00) to A1620.4 Buildings-Contr Expend(Town Hall) $ 522.00 from A1630.2 Community/Recrea Bldg-Equip & Cap Out $ (522.00) to A1630.4 Community/Recrea Bldg-Contr Expend $ 261.00 from A1450.4 Elections-Contr Expend $ (261.00) to A1670.4 Central Print/Mail-Contr Expend $ 187.00 from A3120.2 Police/Bingo-Equip & Cap Out $ (187.00) to A3120.4 Police/Bingo-Contr Expend $ 71.00 from A1450.4 Elections-Contr Expend $ (71.00) to A5010.4 Highway Admin-Contr Expend $ 182.00 from A1450.4 Elections-Contr Expend $ (182.00) to A7110.4 Parks-Contr Expend $ 125.00 from A1450.4 Elections-Contr Expend $ (125.00) to A7550.4 Celebrations-Contr Expend Highway Town Wide $ (916.00) from DA5120.4 Bridges-Contr Expend $ (916.00) to DA9060.8 Hospital & Medical Insurance Highway Part Town $ 2,269.00 from DB5110.4 General Repairs-Pers Serv $ (2,269.00) to DB5110.1 General Repairs-Contr Expend Councilman Gier moved for the adoption of resolution 4-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TOWN CLERKS DECEMBER 2006 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Gier moved for the adoption of resolution 5-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUSTICE CLERKS DECEMBER 2006 FINANCIAL RECONCILIATION REPORT BE ACCEPTED (Gugino & Ritz) Councilman Chiavetta moved for the adoption of resolution 6-07, seconded by Councilman Gier 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: DECEMBER 2006 CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ BY GARY BRECKER. Discussion followed about the upcoming year and the clean up effort in the Town. Councilman Chiavetta moved for the adoption of resolution 7-07, seconded by Councilman Gier Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: DECEMBER 2006 DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ BY LIAISON COUNCILWOMAN TURNER. Councilman Chiavetta moved for the adoption of resolution 8-07, seconded by Councilman Gier 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: DECEMBER 2006 POLICE CHIEF?S REPORT BE ACCEPTED AS READ BY LIAISON COUNCILMAN GIER. Councilman Chiavetta moved for the adoption of resolution 9-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: DECEMBER TOWN CLERKS REPORT BE ACCEPTED AS READ BY THEA ELLS DUE TO THE HOLIDAY SCHEDULE THE PLANNING BOARD DID NOT CONDUCT THEIR MONTHLY MEETING IN DECEMBER 2006. Clerks note: All Department Reports are attached in Minute Book; Financial reports are filed in respective offices. OTHER REPORTS: PARKS: highway men repaired grills in park GRANTS: Preserve New York grant application was denied ECONOMIC DEVELOPMENT GRANT: no word yet REFUSE: Reviewed that there is a five item limit which includes a large item any week Southwestern Regional Water Cons.: no update at this time ? alternative funding is being researched Historical: new officers to be named at meeting soon OLD BUSINESS: PC UPDATE: Councilman Chiavetta reported on his research with Sherman Reickart Jr. and has estimated that to update the three offices in need it would be approximately $4800.00. Chiavetta reported on new technology that would enable the offices to share printing. He mentioned that the Board needs to start considering saving for technology updates. There was some discussion with Reickart and Board. Councilwoman Turner moved for the adoption of resolution 10-07, seconded by Supervisor Pero 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: COUNCILMAN CHIAVETTA TO OVERSEE PURCHASE/LEASE OF COMPUTERS FOR THE TOWN CLERKS OFFICE, POLICE DEPARTMENT, AND SUPERVISORS OFFICE NOT TO EXCEED $4800.00 BACKHOE NOTICE Councilman Chiavetta moved for the adoption of resolution 11-07, seconded by Councilman Gier 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: ADVERTISE THE FOLLOWING SALE/BID FOR THE SURPLUS BACKHOE(DETAILS IN AD) IN THE TOWN CRIER, ANGOLA PENNY SAVER, HAMBURG PENNY SAVER, HAMBURG SUN, AND THE DUNKIRK OBSERVER 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. SURFSIDE WATER EXTENSION: The Board members had discussion concerning the water extension and directed Attorney Trask to forward a copy of the following notice to the Clerks office for publication: Supervisor Pero moved for the adoption of resolution 12-07, seconded by Councilman Gier 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO SET THE PUBLIC HEARING IN REGARDS TO PROCEEDINGS FOR THE EXTENSION OF 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. CDBG MEMORIAL PARK UPDATE: Supervisor Pero reported that the bases for the lights are solid and the top of the lights need to be replaced, the cost of replacing and digging up electric in and around the new concrete would not be advisable and costly. Pero reported on CDBG money spent which the Town is matching in part with in kind services. AGREEMENT WITH LAKE SHORE Councilman Chiavetta moved for the adoption of resolution 13-07, seconded by Councilman Arrigo 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: SUPERVISOR TO SIGN SALT AGREEMENT: AS PER PAST AGREEMENT WITH THE TOWN OF BRANT AND LAKE SHORE CENTRAL SCHOOL DISTRICT AGREES TO PAY $18.75 PER TON FOR 1:1 MIX OF SALT/GRIT FOR THE 2006-2007 WINTER SEASON. SIGNED BY ASST SUPERINTENDENT OF SCHOOL AND SUPERVISOR OF BRANT AND FILED IN THE TOWN CLERKS OFFICE SIGNS UPDATES: Highway Superintendent Joe Giambrone reported that three signs have been ordered for three entry points into the Town and for the community center. Councilman Gier asked for the Halley Rd sign to be checked as it has been damaged. LIGHT POLE - PARK : The light is being put up in the parking lot at the Brant Park. Joe Giambrone reported that he has asked Niagara Mohawk to check the lights going to the community building (they are out). Councilman Arrigo asked to check on the community center lights at the back of the building to see if they can be disconnected. Giambrone asked for lights to be installed on Brant North Collins Rd due to parking on the road during court. Officer In Charge Dave Hock will contact Niagara Mohawk and Halley Rd is to be checked also. WESTFIELD DISPOSAL: Supervisor Pero reviewed the days of pick up for refuse is Thursday for residents west of Route 20 including the Village and Friday is Route 20 and east. There is a five item limit which includes a large item but not in addition each week. NEW BUSINESS POLICE VEHICLE: Supervisor Pero reported on a correspondence from Officer In Charge David Hock for the purchase of a new K-9 vehicle in conjunction with three municipalities ? Gowanda (lead), Springville, and Brant with a cost to each of approximately $8,000.00 each after a grant. Gowanda officials are meeting with Kathy Stack on January 11th; she is with the Dept of Correctional Justice system that is awarding a $20,000.00 grant for a 2007 Expedition and be available in February. This vehicle would be purchased instead of new vehicle at full cost to the Town. The Board members and Town Attorney Trask discussed some legal issues, liabilities, and options the Town should look at. TABLED TILL NEXT MONTH: TO JOIN IN AN INTERMUNICIPAL AGREEMENT FOR A K-9 VEHICLE WITH GOWANDA SPRINGVILLE PROJECT PROPOSAL WITH ATTORNEY APPROVAL. RESOLUTION MANDATE CODE ENFORCEMENT Supervisor Pero moved for the adoption of resolution 14-07, seconded by Councilman Gier 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TABLE SETTING A PUBLIC HEARING FOR THE CONSIDERATION OF THE PROPOSED LOCAL LAW CONCERNING CODE ENFORCEMENT Councilman Gier moved for the adoption of the following RESOLUTION 010915-07, seconded by Supervisor Pero, A roll call vote was taken: 5 Ayes 0 Nays Councilman Gier Voting Aye Supervisor Pero Voting Aye Councilman Arrigo Voting Aye Councilwoman Turner Voting Aye Councilman Chiavetta Voting Aye Attorney Trask to edit and input proper law information before distribution RESOLUTION OF THE TOWN OF BRANT OPPOSING REVISION OF 19 NYCRR PART 1203 AS IMPOSING AN UNFUNDED MANDATE ON THE TOWN OF BRANT WHEREAS, the Town of Brant is a small rural town located in the southwest corner of Erie County with a population under 2,000 people. WHEREAS, the Brant community is characterized by a large number of low income and fixed income residents, and WHEREAS, the limited resources of the town is making it increasingly difficult to provide the minimum, required governmental services to its residents, and WHERAS, additional mandated services from the State of New York which are not matched by state funding sources add significantly to the inability of local governments like the Town of Brant to perform vital local services to our residents WHERAS, the Department of State, in enacting its revisions of NYCRR Part 1203, entitled ?Minimum Standards for Administration and Enforcement of the Uniform Code?, has imposed additional unfunded mandates upon the Town of Brant and other municipalities, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Brant hereby requests that these new regulations be rescinded and it is further RESOLVED, that small municipalities like the Town of Brant be given options for avoiding the additional unfunded burdens imposed by these new regulations BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to: Honorable Governor Eliot Spitzer, Honorable Senate Majority Leader Joseph L. Bruno, Honorable Senate Minority Leader Malcolm A. Smith, Honorable Speaker Of The Assembly Sheldon Silver, Honorable Leader Of The Assembly Ron Canestrari, Honorable Minority Leader Of The Assembly James Tedisco, Honorable Senators: Dale M. Volker, William T. Stachowski, Mary Lou Rath, Antoine M. Thompson, And Assemblymen: Jack Quinn, Robin Schimminger, Michael Cole, Mark Schroeder, James Hayes, Sam Hoyt, Crystal Peoples and Dennis Gabryszak and Supervisors of Erie County. CHANGE NIGHT FOR ASSESSORS: The Board discussed the possibility of changing the night the assessors meet for better availability to the residents as it is a also a court night twice a month, this hinders residents from coming in. Councilman Arrigo will discuss the change with Assessor Joseph DeCarlo. DEMO BUILDING: The Board discussed declaring the buildings on the park property which was purchased this year as surplus. After discussion with comments on liability, and safety the board agreed to not allow individuals onto the property and post a no trespassing sign at the entrance. LEASE AGREEMENT WITH ERIE COUNTY BOARD OF ELECTIONS Councilman Gier moved for the adoption of resolution 16-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: SUPERVISORS OFFICE TO SEND LETTER REQUESTING PAYMENT OF $250.00 FOR USE OF THE COMMUNITY BUILDING PER THE LEASE AGREEMENT TO ERIE COUNTY BOARD OF ELECTIONS AT ECBE REQUEST NUMBERS ON HOMES: Emergency Services notified Supervisor Pero that all residences and buildings have the house numbers placed in a visible location from the road. PLAYGROUND EQUIPMENT MEETING: Meeting is set for Friday, January 26 at 6:30 PM at the Town Hall NYS COMPENSATION ALLIANCE INSURANCE: Supervisor Pero reported a possible savings of $3,600.00 on insurance for the fire district as the count was high. CELL PHONE POLICY: Recommendation from Town Accountant ? sample from Village of Sloan ? very basic - will review REPORTS OF COMMITTEES Events Committee: Committee met on January 5th, and set a tentative date of July 28 at the four corners for the Brant Summer fest ? possibly at the Town Park. The next meeting will be held on February 16 @ 6:30 PM Economic Development Committee: Met January 6th, waiting to hear if awarded grant and committee is in agreement about development and we are seeking a consultant to help with planning. Discussed Route 5, Route 20 and Lake District areas, goals of controlled growth, creating jobs, increasing tax base, update housing, beautification, creating recreational entertainment and parkland. Next meeting soon Employee Benefits Committee: Committee is ready for board to review updates and changes at next workshop ? have a request for a proposal which could be used. Recreation/Community Bldg. Committee: Waiting to hear from CBDG for Community Building ? have acquired quotes for windows and door. Appointment of New Committees to fill vacancies Councilman Arrigo moved for the adoption of resolution 17-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO NAME COUNCILMAN JEFFREY GIER AS LIAISON TO THE HIGHWAY DEPARTMENT Correspondence & Communications Read, MEETINGS Supervisor Leonard Pero- read a letter from a resident of Evans on Cain Road concerning Allied Waste removing gifts for their refuse men, Pero spoke with Scaffidi of Allied and was told action would be taken. Notification from D.O.T .- $29, 225.02 CHIPS money received Received from County ? received $76,143.05, & $37,905.57 per municipal snow removal and $444.82 in dog license surplus Organizational Meeting ? Supervisor Pero responded to a question from the Org. meeting ? Notification of appointment letters were sent out and heads of departments are asked to contact Supervisor if there is to be a change in employees. Assessors Asst. will be recognized for years of service and Pero went on to highlight the last few years intent of the Board to decrease the positions in the Assessors office since 2002 when the three elected assessors was abolished. NYS Parks & Recreation: Meeting with Connie Miner & Noel Cardos from NYS Parks & Recreation to award the Town the $50,000.00 grant for our Park expansion. NEST Annual Meeting will be Thursday January 11 Association of Erie County Governments will meet Jan 25 Association of Towns in NY February 18-21 NY Planning Federation letter received concerning ongoing training needed(min four hours each member) for boards of planning, zoning which will be available in Clarence in February6th. Legislator Bob Reynolds letter was sent on the Towns behalf to Commissioner Comfert with a recommendation for a computer terminal for an RICI for digital processing and appropriate hardware. Invitation received from Giambra, letter from North Collins for training, Time Warner price changes notification Legislative breakfast on January 19th- global warming Tuesday January 23 at 7:00 @ Harlem Rd Comm. Center concerning Local Sprawl NFTA Bus Route may be extended to Little Valley and is improving Thank you to Dave Hock for installing a programmable thermostat at the Town Hall and the auto lights in the bathrooms Evans Chamber of Commerce has new Officers ? Congratulations Evans Historical Society is open once a month on Sundays Office of Real Property Letter Supervisor Pero asked the Board members to review the cancellation of the disability insurance which it carried on town employees for $1,000.00 a year, and recommendations from the Town Accountant concerning voucher preparation and procedure and office supplies. APPROVAL OF ABSTRACT Councilman Arrigo moved for the adoption of resolution 18-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays TO APPROVE THE JANUARY ABSTRACT AS SHOWN FOR PAYMENT: ABSTRACT 13 FOR THE YEAR 2006 AND ABSTRACT 1 FOR 2007 Abstract 13 0f 2006 General Fund Town wide Vouchers 567 Totaling: $41,418.38 #604 Void Street lighting Voucher 12 Totaling: $2,446.83 General Fund ? Part Town Vouchers 35-37 Totaling: $ 190.00 Fire Protection Vouchers: 9-12 Totaling: $87,301.30 Highway Town wide Vouchers 96-98 Totaling : $ 2,848.70 Highway Part Town Voucher 1 Totaling: $5,500.00 General Town wide ? Payroll Totaling: $ 23,109.50 Dec. 1 ? Dec 29 General Fund Part town Payroll ? 298.10 Highway Payroll Totaling: $8057.16 Capital Project Fund Voucher 2 Totaling: 153.74 Abstract 1 for 2007 General Fund Town wide Vouchers 1-18 Totaling: $9,213.56 #6 void General Fund ? Part Town Vouchers 1-2 Totaling: $ 1,470.00 Fire Protection Vouchers: 1 Totaling: $7,802.00 Highway Town wide Vouchers 1-2 Totaling : $ 5,380.97 Highway Part Town Voucher 1 Totaling: $5,500.00 Brant Water District: Voucher1 Totaling:$7,515.00 Acknowledgment of Visitors Please stand, state your name (you have 2-3 min. to air your request) Thank You Martin Rosiek ? Q. - 2005 budget had monies for a new vehicle ? was it used? Are there monies available in capital projects accounts? Rosiek - Q. - Asked for explanation in resolution of the term towns extreme hardship? Pero A. ? Hardship on the taxpayers to pay for more inspections and paperwork Kirk Ritz ?Q. Why a new position of and why is Supervisor Pero named for $500.00 Park Commissioner? Pero A. - this is a position which has been reactivated from the past and there is a need for the position now. Ritz ? Q. - Asked Pero to explain beginning speech and yet attempt to remove employee? Pero ? A. - discussion was held but no action followed. Lee Brunelli Q. Asked the salary and hours worked of towns Officer in Charge and asked what his availability to the town is if he works for three municipalities? Pero A.- OIC is part time and does work for other towns. Christine Gierlinger Q. ? How many hours does OIC work per week? Pero ? A. ? it varies Sherman Reickart commented that there was a Parks Commissioner ? first one was Billy Fricano to oversee the details at the park. Councilwoman Turner moved for the adoption of resolution 19-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: ADJOURN THE JANUARY 9TH REGULAR BOARD MEETING @ 9:40 PM IN MEMORY OF OFFICER RON RACZKA? MOTHER DOROTHEA RACZKA WHO PASSED AWAY ON JANUARY 2ND & CODE OFFICER GARY BRECKER? MOTHER ADELINE BRECKER WHO PASSED AWAY ON JANUARY 4TH. Respectfully submitted, Thea A. Ells Brant Town ClerK