Minutes of the regular meeting of the Brant Town Board held on Tuesday June12th, 2007 at 7:30 PM at the Brant Town Hall 1294 Brant North Collins Rd, Brant. There were present: Supervisor Leonard K. Pero Councilman John Arrigo Councilman Jeffrey W. Gier Councilwoman Roseann Turner Recording Secretary: Town Clerk Thea A. Ells Absent: Councilman John J. Chiavetta, Attorney William J. Trask Also present were: Gary Brecker, Dave Hock, Joseph Giambrone, Charles Arrigo, Bob Arlow, William Ford, Lee Brunelli, Jean Brunelli, Diane Czyz, Joseph Gardyjan, Dan Kujawinski, Tim Kobel, Brian Campbell, Brian Kauzala, George Cordia Jr., Kirk Ritz, Christine Gierlinger, Jeffrey Fox and wife, The meeting was called to order at 7:30 PM with a pledge to the flag led by Supervisor Pero. 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 Gier moved for the adoption of motion 110-07, seconded by Councilwoman Turner 4 Ayes Pero, Arrigo, Gier, Turner 0 Nays ADOPTED: MAY 3RD WORK SESSION, AND MAY 8th 2007 TOWN BOARD MINUTES AND RECORD OF ARE APPROVED Councilman Arrigo moved for the adoption of motion 111-07, seconded by Councilman Gier 4 Ayes Pero, Arrigo, Gier, Turner 0 Nays ADOPTED: SUPERVISORS APRIL 2007 FINANCIAL REPORT IS APPROVED Councilman Gier, moved for the adoption of motion 112-07, seconded by Councilwoman Turner 4 Ayes Pero, Arrigo, Gier, Turner 0 Nays ADOPTED: TOWN CLERKS & COLLECTOR OF TAXES MAY 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Arrigo moved for the adoption of motion 113-07, seconded by Councilman Gier 4 Ayes Pero, Arrigo, Gier, Turner 0 Nays ADOPTED: JUSTICE GUGINO?S MAY 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Gier moved for the adoption of motion 114-07, seconded by Councilwoman Turner 4 Ayes Pero, Arrigo, Gier, Turner 0 Nays ADOPTED: JUSTICE RITZ?S MAY 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Gier moved for the adoption of motion 115-07, seconded by Supervisor Pero 4 Ayes Pero, Arrigo, Gier, Turner 0 Nays ADOPTED: MAY 2007 CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ Councilman Arrigo moved for the adoption of motion 116-07, seconded by Councilman Gier 4 Ayes Pero, Arrigo, Gier, Turner 0 Nays ADOPTED: APRIL & MAY 2007 DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ Councilwoman Turner moved for the adoption of motion 117-07, seconded by Councilman Gier 4 Ayes Pero, Arrigo, Gier, Turner 0 Nays ADOPTED: MAY 2007 BRANT POLICE DEPT.?S POLICE REPORT BE ACCEPTED AS READ Councilman Gier moved for the adoption of motion 118-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner 0 Nays ADOPTED: MAY 2007 TOWN CLERKS REPORT TO THE BOARD BE ACCEPTED AS READ Councilman Arrigo moved for the adoption of motion 119-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: MAY 2007 BRANT PLANNING BOARD REPORT BE ACCEPTED AS READ Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices. Supervisor Pero introduced Bob Arlow from CRA Infrastructure who reviewed the preliminary plans for the park expansion project. He assured the audience that the natural state of the land and large trees would remain. He outlined the trail which is part of the grant, the roadways and future sites for small shelters and parking. Supervisors? answers to last month?s questions: None Acknowledgment of Visitors was opened by Supervisor Pero. Christine Gierlinger: Addressed the Board over concerns of availability of OIC and conversations with Supervisor Pero. Kirk Ritz: Addressed the Board about Airstrip ? Brecker answered with information and decision of attorney. Kirk Ritz: Addressed the Board with concerns of title of OIC, salary of OIC, and availability/ hours in Town. Jeff Fox: Addressed the Board to be on record of opposing zoning change of Castle property on Brant North Collins Rd and Versailles. Tim Kobel: Addressed the Board repeating complaint of property next door and across the street ? please start procedure. Acknowledgment of Visitors was closed. OLD BUSINESS: Direct Deposit: Supervisor Pero stated that this would be tabled till December. Recreation: Councilwoman Turner moved for the adoption of resolution 120-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED:TO APPROVE THE APPOINTMENT OF THE FOLLOWING RECREATION ATTENDEES: JOE INGLUT, ELIZABETH INGLUT, MARISSA GRACI, JENNIFER RUTH, AMANDA BRUNELLI, AARON RENALDO, JASON RENALDO, ALICIA GUADAGNO, KATIE BANTLE, JILLIAN KOBEL, ERICA PAGE, KATIE PERO, JACY LIPOWICZ, CAMERON DAWLEY, MARIA VAYO, ASHLEY ARRIGO, ANNA BRYANT, JOE BELLANTI, ALTERNATES: DANA WARING, MEGAN HUGHES, MARK TRASK Councilwoman Turner moved for the adoption of resolution 121-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO APPROVE THE APPOINTMENT OF THE FOLLOWING LIFEGUARDS: SAMANTHA TIMM, ANNA BRYANT, KIMBERLY BRYANT, TARA SAGER, EMMA GRENNELL, LAURA ZAILAC, AND MICHELLE LOOMIS Councilman Gier moved for the adoption of resolution 122-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO APPROVE THE APPOINTMENT OF THE FOLLOWING BUS DRIVERS: LINDA BANTLE AND DOREEN CHEENY Councilwoman Turner moved for the adoption of resolution 123-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO APPROVE THE HOURLY WAGE OF $7.15 (UP .40CENTS) FOR RECREATION ATTENDEES Councilwoman Turner moved for the adoption of resolution 124-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO APPROVE THE HOURLY WAGE FOR THREE HEAD LIFEGUARDS (BRYANT, BRYANT, TIMM) @ $8.75 AND THE REMAINDER OF LIFEGUARDS @$7.75 SAME AS LAST YEAR Councilman Gier moved for the adoption of resolution 125-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO APPROVE THE DAILY SALARY FOR BUS DRIVERS OF $47.90 AND $117.32 FOR FIELD TRIPS POOL: Councilman Arrigo moved for the adoption of resolution 126-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: POOL WILL OPEN JULY 1ST ? LABOR DAY WITH DAILY HOURS FOR THE PUBLIC OF 3:00 PM TILL 7:00 PM AND 11:00 AM TO 7:00 PM ON WEEKENDS. RATES WILL BE: FAMILY PASS @ $70.00, SINGLE @ $20.00 AND INDIVIDUAL SENIOR @ $15.00, AND A NON - PASS DAILY RATE OF $2.00 PER INDIVIDUAL ANY AGE. Councilwoman Turner moved for the adoption of resolution 127-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: WATER AEROBICS WILL START ON JULY 7TH @ 10:00 AM AND WILL BE EVERY WEDNESDAY AND SATURDAY - CHARGE OF $2.00 SWIM LESSONS WILL START WEDNESDAY JULY 11TH (CAN HAVE AMERICAN RED CROSS CERTIFICATION OF LEVELS) 4:00 - LEVEL 1(6 MONTHS TO 3YRS), 4:30 - LEVEL 2 ( 4-6 YRS), 5:00 LEVEL ¾ ( 6-8 YRS ), 5:30 LEVEL 5/6 ( 8-12 YRS OLD), 6:00 ONE ON ONE PRIVATE LESSONS, 6:30 ADULT SWIM LESSONS. A CHARGE OF $15.00 FOR FOUR (4) SESSIONS WILL BE CHARGED). Reminder: RECREATION PROGRAM FEES: $55.00 PER 1ST CHILD, $40.00 PER 2ND CHILD, $30.00 PER 3RD CHILD, FAMILY MAX OF $155.00 AND BUS FEE OF $20.00 PER CHILD. JULY 9TH ? AUGUST 17TH Councilwoman Turner addressed those in attendance to inform them that all the Brant youth who applied on time and appeared to the board were hired and announced a developmental program for younger youth to train for the future. Project Reviews: Surfside water extension is complete and the line will be tested this week for certification and next week. Economic Development ? meeting June 20th Brant, Farnham. Seneca Nation and Erie Co. Planning & Dev. Concerning Route 5 Corridor. Town Park: put out to bid the resurfacing of the tennis basketball court combination area and the Town received no responses. The Amish recycled materials from the surplus buildings and some materials were disposed. The Brant Fire Company burned the remainder with the help of the Highwaymen. Chuck Arrigo and Bryan Kauzala helped also. Senior Community Building: Appliances will be delivered Thursday and the awarded contractor will set in place and hook up. Windows have been installed. Memorial Park: Still needs a few evergreen shrubs, and the fence, Mrs. Kusior donated benches and Brian Rott donated some mulch. Senior Community Building: Supervisor Pero read the amounts quoted from three contractors for the installation of appliances, countertop, a moveable serving counter cabinet, closets for the bathrooms. J & J General Contracting bid $4,300.00; Benz Enterprises bid $4,250.00; Ahrens & Wells bid $4,000.00. Councilman Arrigo moved for the adoption of resolution 128-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO ACCEPT QUOTE FROM AHRENS & WELLS FOR THE LOW BID OF $4,000.00 FOR THE ABOVE MENTIONED WORK AT THE BRANT SENIOR COMMUNITY BUILDING USING MEMBER ITEM MONEY FROM SENATOR VOLKER Councilman Gier moved for the adoption of resolution 129-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO ACCEPT QUOTE FROM BLINDS FROM HEAVEN FOR THE BID OF $1,099.00 FOR VERTICAL BLINDS FOR THE NEW WINDOWS AT THE BRANT SENIOR COMMUNITY BUILDING USING MEMBER ITEM MONEY FROM SENATOR VOLKER Supervisor Pero read the amounts quoted from three contractors for the construction of a 12 by 40 patio with a gable roof over a concrete patio at the exterior rear of the Senior Community Building with foundation piers for support: J & J General Contracting bid $19,000.00; Benz Enterprises bid $18,950.00; Ahrens & Wells bid $18,600.00. Councilman Gier moved for the adoption of resolution 130-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO ACCEPT QUOTE FROM AHRENS & WELLS FOR THE LOW BID OF $18,600.00 FOR THE ABOVE MENTIONED WORK AT THE BRANT SENIOR COMMUNITY BUILDING USING MEMBER ITEM MONEY FROM SENATOR VOLKER Town Park: Playground equipment has been purchased and the installation will be on July 2nd and 3rd with the town using an auger from Lake Shore Central and Woodson will supervise using Town highwaymen and volunteers from the community, Lake Shore Youth Football has also volunteered. Supervisor Pero read the amounts quoted from companies for the hauling and delivery of aprox. 80 loads (1800 ton) of unscreened millings for the walking path per the grant received: G. Wittmeyer & Sons Inc. bid $180. Per load; Gernatt bid $135.00 per load; Carmen Pariso, Inc bid $140.00. Councilman Arrigo moved for the adoption of resolution 130-07, seconded by Councilwoman Turner 3 Ayes Pero, Arrigo, Turner 0 Nays 1 Abstain Gier ADOPTED: TO ACCEPT QUOTE FROM GERNATT FOR THE LOW BID OF $135.00 FOR THE ABOVE MENTIONED SERVICES Sidewalks: The Board did not receive any bids for the sidewalk project of 2112 feet long and 3 feet wide which consists of blacktop which needs to be resurfaced. Supervisor Pero reported after no bids were received that he got a quote from American Paving and the board members would have to review it. Review Local Law #1, 3, Supervisor Pero reported that Proposed Local Laws 1,3 and 4 are not ready for review and will remain tabled at this time. MOU SW Regional Water: At the workshop Supervisor Pero stated that Mark Capacolle and Greg Keyser presented a draft copy of the survey and cover letter for review. The Board members reviewed the draft and had comments on some of the questions and set a tentative date of July 25th at the Brant Senior/Community Bldg. for a public informational meeting on the SW Regional Water Project. Greg and Thea will have contact via e-mail so the final copy can be sent to Greg and then put on the web site. The board also agreed to a hydraulic report last meeting. Greg commented that the mailings would go out early next week possibly with update from assessors of addresses. NEW BUSINESS: PROCLAMATION # 4 OF 2007 The Brant Town Board: Supervisor Leonard K. Pero, Councilman John D. Arrigo, Councilman Jeffrey W. Gier, and Councilwoman Roseann Turner Unanimously Proclaim the following: WHEREAS, The Brant Town Board recognizes the importance of a clean Town to the whole community, WHEREAS, it is very desirable for neighbors to help neighbors in bringing pride back to our township WHEREAS, it is admirable for town Residents to know the importance of keeping their property clean for the sake of the entire Town of Brant NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD PROCLAIMS THAT THE MONTHS OF JUNE AND JULY IN BRANT TO BE PROCLAIMED AS ?PUT PRIDE BACK IN YOUR COMMUNITY MONTHS AND CLEAN UP YOUR PROPERTY AND BE PROUD? PROCLAMATION # 5 0F 2007 The Brant Town Board: Supervisor Leonard K. Pero, Councilman John D. Arrigo, Councilman Jeffrey W. Gier, and Councilwoman Roseann Turner, Unanimously Proclaim the following: WHEREAS, The Brant Events and Beautification Committee has organized a town wide garage, lawn sale and Brant Fest June 24h, 2007 from 12pm to 8pm and WHEREAS, much effort and resources have been extended in planning and developing this event and WHEREAS, the goal of the committee is to increase participation and make local citizens aware of what our community has to offer NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and SUPERVISOR wish to thank the Brant Events and Beautification Committee for their commitment to improve our community and be it FURTHER RESOLVED, that local events such as this will result in increased participation and help make our community a better place to live and raise a family and be it FURTHER RESOLVED that the participants in the Brant Fest 2007 Shall celebrate their success today and enjoy your day. Speed reduction resolution: Supervisor read from a letter that Bob Turnbull sent requesting the Board to request a reduction of speed on Versailles Plank Road, and he reported of complaints from residents along Old Lake Shore Road in the Town of Brant Whereas, Councilman Gier, moved the adoption of resolution # 061207-131 to request the State of New York, Department of Transportation to investigate and report to the Town Board as to the findings of the study in an effort to reduce the speed from a 55 mph zone to 45 mph zone on Versailles Plank Road between Cain Road and The Cattaraugus Reservation Line. And Whereas Councilman Gier included a request for a study to reduce speed on the portion of Old Lake Shore Road in the Town of Brant as there have many incidents involving personal injury to individuals and to property due to the speed and condition of the road. The Town Clerk is directed to send a TE-9 form to the Erie County Dept. of Public Works Division of Highways and to Legislator Bob Reynolds, Assemblyman Jack Quinn, and NYS Dept of Transportation. The above resolution was duly seconded by Councilman Arrigo and voted upon. The vote being 4 Ayes and 0 Nays. Councilman Jeffrey Gier Voting Aye Councilman John Arrigo Voting Aye Councilwoman Turner Voting Aye Supervisor Leonard Pero Voting Aye Resolution request from Judge Debra Ritz: Supervisor Pero moved for the adoption of resolution #061207-132 seconded by Councilman Gier A roll call vote was taken: 4 Ayes 0 Nays Supervisor Pero Voting Aye Councilman Gier Voting Aye Councilman Arrigo Voting Aye Councilwoman Turner Voting Aye WHEREAS, there has recently been negative press coverage by the New York Times and some local papers within Erie County suggesting that the Town court system is flawed and more specifically, alleging that the three hundred (300)year tradition of non-lawyer judges presiding over and within the local municipalities should be eliminated; and WHEREAS, there has always been a Town Court within the Town of Brant, conveniently located and accessible to our citizens; and WHEREAS, there are Two (2) Town Judgeships established within the Town of Brant; and WHEREAS, there are presently two (2) non?attorney Town Justices and zero (0) attorney Town Justices within the Town of Brant; and WHEREAS, with their civil and criminal jurisdiction, the Town Justices in the Town of Brant handled many hundreds of cases in the past year; and WHEREAS, the Town Court of Brant in the past year of 2006 collected $188,105.50 in statutory fines, fees and surcharges on behalf of the State of New York, the County of Erie and the Town of Brant, to help fund essential public services; and WHEREAS, the Town Board of Brant recognizes and appreciates the professionalism, diligence, intelligence and integrity of the non-attorney or lay justices within our town who bring a specialized experience to the bench particularly with issues unique to our community who elected them; and Now, therefore, be it: RESOLVED, that the members of the Town Board of Brant support the continuation of the three hundred year tradition of non-lawyer or lay justices presiding in Town Courts, and it is further; RESOLVED, that the members of the Town Board of Brant hereby oppose any requirement that Town Justices be attorneys, and it is further; RESOLVED, that the members of the Town Board of Brant oppose any efforts to eliminate local and convenient access to justice by our citizens; and find that the local presence of the Town Court of Brant provides a meaningful and necessary presence within our community for judicial resolution of conflicts, continued public safety of our citizens and the protection of constitutional guarantees for all of our citizens. Certified copies of this resolution shall be forwarded to the Honorable Senator Dale Volker, Honorable Assemblymen Jack Quinn, Legislator Bob Reynolds and the New York State Magistrates Association. Councilman Arrigo moved for the adoption of resolution 133-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Arrigo, Turner 0 Nays ADOPTED: TO APPROVE THE PAYMENT OF THE YEARLY DUES FOR THE TOWN OF BRANT TOTALING $79.20 TO N. E. S. T. Reports of Committees: Employee Benefit: Gier/Arrigo: Gier reported that they are still working on the handbook. Code Book: Ells: on line and grant complete Historical Society: Pero: meets every Wednesday @ 6:30 at the Town Hall anyone interested please attend or contact Supervisor Pero. Parks Commissioner: Pero: driveway and parking lot to be chipped Recreation Building: requesting an engineer to make possible recommendations for upkeep and repairs Highway & Building & Grounds Superintendent: Giambrone: Energy: Pero set a new tentative date for September 15 to host an Energy Fair Agriculture: Bob Reynolds- still setting up meeting with local farmers OTHER REPORTS: Councilman - None Pero reported that flags which the Town purchased look nice in Town. Pero wished to thank all those participating in the Brant Fest especially Marcie Muffoletto and her gang, Roseann Morgano; Mrs. Kusior donated benches at Memorial park, and Flowers from Rosiek?s. Pero commented on the clean - up which is evident throughout the Town. Thank you to Lee Brunelli for fixing lights in Senior Building. Pero stated that the Newsletter will be distributed this week and is on line and copies available tonight and anyone not receiving one please notify the Supervisors secretary. Pero wished to thank all those who had participated in the projects the Town has been working on: Senator Dale Volker, Assemblymen Jack Quinn, Grant Writer Connie Miner, Michele Browning, Thea Ells, Town Board members, Bill Trask, Dick Gryska, Brant Fire Company, Joe Giambrone, Bill Wesp, Butch Kijek, and Mark Reynolds. Rosiek?s for the flowers in Town, Greyline Signs for the new Senior/Community Building Sign, Bob Catalano, Brian Kauzala, Charlie Arrigo, Tim Clark, Todd Jaworski, Dave Hock, Chiavetta Produce, Josephine Kusior, Brain Rott, Marcie Muffoletto, Roseann Morgano, D M & K, Chuck Allessi, and the Amish workers. Correspondence: Miscellaneous: Pero distributed invites to Town Officials to the Association of Erie County Governments meeting at the Brant Senior Community Building on Thursday June 21st at 5:30 PM speaker will be Thomas Whetham, Deputy Commissioner of EC Dept of Environment & Planning and will speak on Propose WNY Watershed & Infrastructure Coalition Received Village of Farnham annual Water quality report from Erie county Water Authority Bob Reynolds announced a Explore Western New York conference which will be held September 12-14. Towns can be promoted to businesses at the conference. Received a resolution from Erie County Legislature concerning the October Storm. June 20th will be a meeting with representatives from Brant, Farnham, Cattaraugus Reservation and Erie County Planning concerning the Route 5 corridor project. Meeting with School Board June 27th. Received a resolution for sex offenders from Erie County Legislature Received a six month progress report from Sherman Reickart concerning the Town?s information technology. Received dates and advertisements from Evans Brant Chamber with dates for Strawberry Social, Brant Summer Fest, Clauddagh Barbecue, Erie County Hazardous Waste drop off date this Saturday at ECC. APPROVAL OF ABSTRACT Councilman Arrigo moved for the adoption of resolution 134-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Turner 0 Nays ADOPTED: TO APPROVE THE JUNE ABSTRACT AS SHOWN FOR PAYMENT General Fund Town wide Vouchers 202-245 Totaling: $23,875.70 Street lighting Voucher 5 Totaling: $2,106.47 General Fund ? Part Town Vouchers 9 & 10 Totaling: $ 11,202.50 Capital Project Water Dist. Vouchers 4 Totaling: $1,099.77 Highway Town wide Vouchers 42-46 Totaling: $2,290.02 Highway Part Town Vouchers 4-5 Totaling $1,688.31 Brant Water District: Voucher 3 Totaling: $16,515.00 General Town wide Payroll-ending 06/01/07 Totaling: $25,288.26 General Part Town Payroll ending 6/1/07 Totaling;$558.02 2007 Capital Projects Voucher 3-6 Totaling: $1,247.05 Highway Payroll ending 6/1/07 Totaling: $5,082.65 Highway Part Town $1,698.43 Special Fund Grant Memorial Park- CDBG Voucher # 5-14 Totaling: $8,036.42 Councilman Arrigo moved for the adoption of resolution 135-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Turner 0 Nays ADOPTED: ADJOURN THE JUNE 12 REGULAR BOARD MEETING AT 8:45 PM. Respectfully submitted Thea A. Ells Brant Town Clerk