Minutes of regular meeting with Public hearing for proposed Local Law #1- 2007 of the Brant Town Board which was held on Tuesday April 10th, 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 J. Chiavetta Councilman Jeffrey W. Gier Councilwoman Roseann Turner Attorney William J. Trask Recording Secretary: Town Clerk Thea A. Ells Absent: Councilman John Arrigo Also present were: Gary Brecker, Joseph Gardyjan, Charles Arrigo, Linda Crouse, Lee Brunelli, Jean Brunelli, Brian Rott, Martin E. Rosiek, Brian Campbell, Diane Czyz, Chad Kaczmarek. 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. Councilwoman Turner moved for the adoption of resolution 60-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: March 13 2007 TOWN BOARD MINUTES ARE APPROVED Councilman Chiavetta moved for the adoption of resolution 61-07, seconded by Councilwoman Turner 4 Ayes 0 Nays Pero, Gier, Turner, Chiavetta ADOPTED: SUPERVISORS FEBRUARY 2007 FINANCIAL REPORT IS APPROVED Councilman Gier moved for the adoption of resolution 62 -07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner Chiavetta 0 Nays ADOPTED: TOWN CLERKS & COLLECTOR OF TAXES MARCH 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Arrigo moved for the adoption of resolution 63 -07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner Chiavetta 0 Nays ADOPTED: JUSTICE GUGINO?S MARCH 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Gier moved for the adoption of resolution 64 -07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUSTICE RITZ?S MARCH 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilwoman Turner moved for the adoption of resolution 65-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: MARCH 2007 CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ Councilman Chiavetta moved for the adoption of resolution 66-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: MARCH 2007 DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ Councilman Chiavetta moved for the adoption of resolution 67-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: MARCH 2007 BRANT POLICE DEPT.?S OFFICER IN CHARGE REPORT BE ACCEPTED AS READ TOWN CLERKS MARCH REPORT TO THE BOARD GIVEN BY THE TOWN CLERK Joe Gardyjan reported to the board that the planning board is reviewing wind mill regulations and has recommendations for height, fee?s and design regulations. Attorney Trask informed the Board and the planning board chairman that he has completed a draft of a proposed Local Law regulating the location, construction, maintenance, and removal of wind energy conversion systems in the Town of Brant for the planning board to review, before presentation to the board for consideration of a public hearing. Councilman Gier moved for the adoption of resolution 68-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: MARCH 2007 BRANT PLANNING BOARD REPORT BE ACCEPTED Supervisor Pero reviewed minutes of the Brant Farnham Senior Citizens Org.?s April meeting and mentioned some of their activities; Wednesday June 27th is the picnic at the Brant Town Park. Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices. Supervisors? answers to last month?s questions: Tax Increase?: Supervisor Pero responded to the question last month that Town taxes went up: yes due to an increase for specific items namely refuse, fire protection and street lighting a $100,000.00 property would have a $22.65 increase. Increase to recreation costs?: Wages the town pays to their summer help was questioned/ according to Attorney Trask and Pero the Town is subject minimum wage requirements. Police Report Q.: Councilman Gier addressed the questions about the Police Reports count of Aide to Other agencies ? in review the reference to ?other agencies? refers to assistance within the Town to other agencies or departments. Congratulations on the assistance and good follow-up on the recent fire in the Village (Town). Acknowledgment of Visitors was opened by Supervisor Pero. No one wished to be acknowledged Acknowledgment of Visitors was closed. OLD BUSINESS: Recreation: The Board is reviewing the costs of the program. Supervisor Pero set a date for interviews for recreation attendants @ 6:30 PM on May 9th. Applications are only being accepted until May 1st. Councilman Gier moved for the adoption of resolution 041007-#69 Authority to sign, seconded by Councilman Chiavetta A roll call vote was taken: 4 Ayes 0 Nays Councilman Gier Voting Aye Councilman Chiavetta Voting Aye Supervisor Pero Voting Aye Councilwoman Turner Voting Aye BE IT RESOLVED THAT Leonard K. Pero as Supervisor of the Town of Brant, is hereby authorized to sign the contract received from DM&K Enterprises Ltd. for $12,800.00 for one year April 2007- April 2008: contract locations include Town Hall grounds & snow shoveling, Memorial Park, grounds only, Town Park grounds only including baseball field preparation, DM&K is currently insured up to $3,000,000.00. NEW BUSINESS: Attorney Trask spoke on two proposed Local Laws; #2 Section 161-19 of the zoning ordinance to rename Uses and Improvements to conform to district regulations; limitations and interpretations?, and #3 Section 131-17 amendment concerning non conforming uses which needs to be updated., and #4 for wind energy regulations The planning board is asked to review and recommend fees, minimum area, lot and bulk requirements. Councilman Gier moved for the adoption of resolution 70-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO HOLD A PUBLIC HEARING FOR PROPOSED LOCAL LAW #2 OF 2007 FOR AMENDMENT TO SECTION 161-19 OF THE ZONING ORDINANCE OF THE TOWN OF BRANT ?USES AND IMPROVEMENTS TO CONFORM WITH DISTRICT REGULATIONS; LIMITATIONS AND INTERPRETATIONS? FOR May 8th AT 8:00 PM MOU with NYS real Property Services Councilman Gier moved for the adoption of resolution 71-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays BE IT RESOLVED THAT Leonard K. Pero as Supervisor of the Town of Brant, is hereby authorized to sign the memorandum of understanding from Joseph J. Muscarella regional Director of NYSORPS stating that they have received a signed annual reassessment plan outlining roles and responsibilities for a process which includes: to annually maintain assessments at stated uniform percentage of value, annually conducting a systematic analysis of all locally assessed properties and revising assessments as necessary and implementing a local program for physical inspecting and reappraising each parcel al least once every six years. This memorandum is also signed by the Assessor Joseph DeCarlo. Proclamation 2 OF 2007? May Motorcycle Safety Month Supervisor Pero moved for the adoption of proclamation 2 of 2007, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays WHEREAS, The Town of Brant recognizes the American Bikers Aimed Toward Education (ABATE) Organization as a promoter of motorcycle safety, awareness & education. WHEREAS, The month of May brings out many of the motorcycle riders due to the change in weather, and extra precautions should be in effect for these riders. WHEREAS, The month of May has historically been named Motorcycle Safety and Awareness month by the Honorable New York State Governor Eliott Spitzer, NOW THEREFORE BE IT RESOLVED, that the Brant Town Board and Supervisor Pero proclaim the month of May as Motorcycle Safety and Awareness month in the Town of Brant, Dated this 10th of April, 2007. Proclamation #3 0f 2007? Clerk?s Week Councilman Gier moved for the adoption of proclamation 3 of 2007, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays Proclaim that Municipal Clerk?s Week April 30th through May 6th, 2007 WHEREAS: the Office of the Municipal Clerk, a time honored and vital part of the local government exists throughout the world, WHEREAS: the Office of the Municipal Clerk is the oldest among public servants, and WHEREAS: the Office of the Municipal Clerk provides the professional link between the citizens and the local governing bodies and agencies of government at other levels, and WHEREAS: Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS: the Municipal Clerk is the information center on functions of local government and community, WHEREAS: Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS: it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE, I, Leonard K. Pero, Supervisor of the Town of Brant, do recognize the week of April 30 through May 6, 2007 as Municipal Clerk Week, and further extend appreciation to Municipal Clerk, Thea Ells, and to her deputies: Gina DeMaria, and Barbara Daniel, for the vital services they perform and their exemplary dedication to the communities they represent. Dated this April 10th, 2007. 8:00 PM Public Hearing: Town Clerk read the following notice and verified publication and posting of the following: NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Town Board in the Town Hall, 1294 Brant-North Collins Road, Brant, New York on the 10th day of April, 2007 at 8:00 P.M. Local Time for the purpose of considering the adoption of Proposed Local Law No. 1 of 2007. Such local law would enact new provisions for administration and enforcement of the New York State Uniform Fire Prevention and Building Code and State Energy Conservation Construction Code in the Town of Brant. Copies of the proposed local law are available for review in the office of the Town Clerk, 1294 Brant-North Collins Road, Brant, New York during regular business hours. All interested parties will be given an opportunity to be heard. Dated: March 23, 2007 Martin Rosiek asked what the purpose of the law is, what the expected result is, and what liability if any the Town will have. Supervisor Pero spoke about the law concerning costs to the Town pointing out that business use of buildings are already mandated strictly by insurance companies. Attorney Trask spoke that the idea of the law is that it is modeled after NYS code division law and that the state wants all municipalities? within the State to have the same regulations administratively. Duties of the Code officer concerning inspections, stop work orders, certificate of occupancy will be uniform throughout the state. Record keeping requirements are set up to be uniform also. There was discussion concerning mandates being unfunded. The Town of Brant will be in compliance with the law on the books. Fees and frequencies of inspections (public buildings) are up to the local board. This law is based on the states law and will hold up in court litigation if enforced. Councilman Gier moved for the adoption of resolution 72-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #1. Reports of Committees: Employee Benefit: Gier/Arrigo Gier reported that research Town Clerk found has not proven helpful, progress is slow and the committee will be meeting with Attorney Trask. Streetlights: Turner/Arrigo Turner reported - Route 249 lights near Town Hall are up and the Town Park lighting is being done per Thea Park Playground: Turner/ Gier - Savings of $3,500.00 were seen with the set up the Town purchased - area covered 31 by 41, and includes the ground cover required. Councilman Gier moved for the adoption of resolution 041007-#73, seconded by Supervisor Pero. A roll call vote was taken: 4 Ayes 0 Nays Councilman Gier Voting Aye Supervisor Pero Voting Aye Councilman Chiavetta Voting Aye Councilwoman Turner Voting Aye BE IT RESOLVED THAT the Brant Town Board is ratifying the purchase of playground equipment set PSS-708 with border timbers from RE Woodson Co. for a state contract price of $21,289.00 and the wood carpet, duraliner, poly border timbers for $2,500.00 ordered by Supervisor Pero. Refuse: Gier/Arrigo: Chiavetta spoke with Westfield disposal concerning Rosiek refuse which was left but was rectified as they have two addresses ? problem was all over town as Westfield does have a household limit of five items per household and it seems that most homeowners are realizing that Westfield adheres to their limits, and pick up items that are containerized are picked up ? not piles of garbage or materials. Senior Building: Chiavetta/Pero/Turner: Pero reported that windows will be replaced, one door, a patio off the back and the refrigerator and stove replaced and small storage areas made in restrooms so chemicals etc are not in the same room with the heater and hot water tank, etc. The Town has received $20,000.00 from Senator Volker and possibly another $15,000.00 from Volker this year for the updates. Hopefully, we will have enough money to have a media center for presentation, etc. Lee Brunelli expressed concern that the grove area needs stone as it is very muddy. Town Projects: Pero reported that everything is moving ahead for the Surf side water main extension. Town Park: Pero reported that the Swing set is ordered, survey and search for additional land has been started. Memorial Park ? clock has been delivered, needs to be placed, and plans for shrubs are being prepared. Town Hall improvements made ? office for CEO is a great asset, restroom compliance is complete and a coffee area has been added to the hallway for the use of all. Miscellaneous ? entering Town of Brant signs are being placed on roads, highway has received a loaner till the new back hoe has been delivered. Town Board Reports: Gier: Received a request for an intern to ride along with police from Dave Hock; no name was given but request was through Paul Shepherd. Attorney Trask suggested requesting a letter from L S Central Schools and a parental consent form along with insurance certification from LSC School. Gier: request a notice be circulated with the next checks employees and officials of the town to inquire the interest in direct deposit of checks the charge to the town would be $4.00 per payroll and $.10 per transaction. Chiavetta: On the homestretch with the computers and other offices have used Reickart? services. Leonard Pero: still looking for a disaster coordinator, annual report has been completed and filed with NYS Comptrollers Office. May 14th and 15th Brant is sponsoring an insurance reduction class for drivers insurance. Time Warner Cable: temporary extension of franchise agreement Link to NYS Sex Offender Information Site on our link page Newsletters available at Town Hall and online ? please let us know if you did not receive one Pero attended highway information meeting, association of Erie Cty. Gov?t meeting, and received a letter from Erie county Finance concerning BOAR training APPROVAL OF ABSTRACT Councilman Gier moved for the adoption of resolution 74-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays TO APPROVE THE APRIL ABSTRACT AS SHOWN FOR PAYMENT ABSTRACT 4 FOR 2007 General Fund Town wide Vouchers 111-148 void #112 Totaling: $28,392.74 Street lighting Voucher 3 Totaling: 2,409.73 General Fund ? Part Town Vouchers 7 Totaling: $ 185.00 Highway Town wide Vouchers 26-33 Totaling: 39,294.73 Lotus Bay Sewer Dist #1 Voucher 1 Totaling $800.00 General Town wide ? Payroll-ending 4/5/07 Totaling: $24,847.77 General Fund Part town Payroll Totaling;$317.87 Highway Payroll 4/5/07 Totaling: $8,863.54 Special Fund Grant Memorial Park- CDBG Voucher # 2 Totaling: $10,467.50 Councilman Turner moved for the adoption of resolution 75-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: ADJOURN THE APRIL 10TH REGULAR BOARD MEETING AT 8:45 PM. Respectfully submitted Thea A. Ells Brant Town Clerk