Minutes of the regular meeting of the Brant Town Board at 8:00 PM and at 8:15 PM a Public Hearing regarding the use of Federal Community Development Funds, and at 8:30 a Public Hearing for the 2006 Preliminary Budget, and at 8:45 a Bid Opening for the Revised CDBG Four Corners Streetscape Project at the Brant Town Hall, held October 12, 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:
Alice Escott, Town Crier Lee Brunelli, resident
Melanie Larson, The Sun Ed Dion, resident
Debby Bushnell, resident George Cordia Jr. Village Trustee
James Liegl Tom Banzer, Brant Auto Parts
Joseph Gardyjan, Planning Board Chairman
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 is a Public Hearing at 8:15, 8:30 and a bid opening at 8:45 which the Board will break for and then return to regular business.
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 SEPTEMBER 2005 TOWN BOARD MINUTES ARE APPROVED
On a motion from Councilman Czyz, seconded by Councilman Rosiek and Arrigo, the following motion was
Adopted: 5 AYES
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero
Nays 0
RESOLVED THAT THE SUPERVISORS AUGUST FINANCIAL REPORT IS ACCEPTED
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 THAT THE TOWN CLERKS SEPTEMBER FINANCIAL RECONCILIATION REPORT IS ACCEPTED
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 JUSTICE CLERKS SEPTEMBER FINANCIAL RECONCILIATION REPORT IS ACCEPTED
The Town Board reviewed CEO Fred Balls? report and asked Town Clerk, Thea Ells, as Fred is out of town for training, if she knew of any progress on the properties at 1054 Brant Farnham Rd and she answered that she knew Fred had spoken with the owner and that he was checking the property. The board also asked if there was any action taken with 108 Wide Beach and she reported that he had issued a summons to appear in court. Councilman Pero asked if Fred had been to see property owner Peter Pratt concerning property on Southwestern Blvd. and Thea stated she did not know.
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 CODE ENFORCEMENT OFFICER?S SEPTEMBER REPORT IS ACCEPTED
On a motion from Councilman Czyz, seconded by Supervisor Chiavetta, the following motion was
Adopted: 5 AYES
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero
Nays 0
RESOLVED THAT THE SEPTEMBER DOG CONTROL OFFICERS REPORT IS ACCEPTED
On a motion from Councilman Czyz, seconded by Supervisor Chiavetta, the following motion was
Adopted: 5 AYES
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero
Nays 0
RESOLVED THAT THE AUGUST AND SEPTEMBER POLICE CHIEF?S REPORT IS ACCEPTED
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 TOWN CLERKS SEPTEMBER REPORT BE ACCEPTED
The Board reviewed the planning board?s reports and discussed issues with windmills: pros such as the Farm bureau now recognizes windmills as approved Green Power and con?s such as protecting the Town from future costs associated with abandoned windmill locations. John Grennell was asked to meet with the Planning board and draft a local law with consideration of the Town of Sheldon?s? law.
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 SEPTEMBER PLANNING BOARD REPORT?S BE ACCEPTED
All Department Reports are attached in Minute Book; Financial reports are filed in respective offices.
WATER DISTRICT:
Nothing new to report.
BRANT REVITALIZATION COMMITTEE:
Nothing new to report.
Supervisor Chiavetta opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns that are not listed on the agenda.
Debbie Bushnell questioned the detail of the Code Enforcement Officers? report and was told that no court appearance has been issued, and that the CEO was working with the property owner. Grennell stated that he had been contacted by an attorney concerning this property. The Board asked Town Clerk, Thea to ask CEO, Fred to call Karen Swartzwelder (Bushnell) and inform her of the status of the violations.
Supervisor Chiavetta announced that it was time for the 8:15 Public Hearing, Thea Ells; Town Clerk read the following notice which was published in the Town Crier September 27th, 2005: LEGAL NOTICE TOWN OF BRANT NOTICE OF PUBLIC HEARING: THE TOWN OF BRANT will hold a public hearing on Wednesday October 12, 2005 at 8:15 at the Brant Town Hall, 1294 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant. THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended. THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. CITIZENS ARE URGED to attend this meeting, to make known their views and/or written proposals, on the Town of Brant?s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at (716) 549-0282.
Supervisor Chiavetta reviewed some of the projects that have been partially funded by the CDBG funding. In the Town of Brant the Town Hall, Community Building, Recreation Building and the Brant pool and wading pool has had updates. This last year we are working on the Memorial Park Streetscape project. Rural Transit is partially funded by these funds. The current Farnham Playground project is partially funded by these funds.
Some of the projects which have been partially or wholly funded through CDBG in Erie County currently have been: senior centers, and equipment, streetscapes, drainage, curbing, and water systems. There are other programs for businesses, loan programs, and brown field site development.
Improvements and maintenance to buildings are not included in the funding. He explained that there is a quite stringent time frame and by November they are looking at sites and decisions must be made.
Supervisor Chiavetta asked if there was any input from the public. Lee Brunelli representing Rural Transit asked them to keep Rural Transit in our request for funding.
The Board discussed that at the Town Boards last work session they discussed having a senior physical fitness center added on to the Recreation Building. The addition would be on the west side and finish off the building and the gym. The addition would further enable recreation to be at one site. Chiavetta read from a quote forwarded from E&M Engineers for the projects that put the cost at $106,500.00; with a size of 21?x56?, which would be divided into two room with heating and lighting similar to the existing building and an exterior door with a flat single ply rubber membrane roof and the exterior would match the existing building as practically as possible.
On a motion from Supervisor Chiavetta, seconded by Councilman Pero the following motion was Adopted: 5 ayes - 0 nays
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero
Nays 0
RESOLVED THAT THE CDBG PUBLIC HEARING BE CLOSED
As it was 8:37 the board moved to the next Public Hearing set for 8:30, and will continue with the CDBG ranking after. Thea Ells; Town Clerk read the following notice which was published in the Town Crier October 4th, 2005: LEGAL NOTICE: TOWN OF BRANT NOTICE OF HEARING ON THE PRELIMINARY BUDGET FOR THE YEAR 2006:
Notice is hereby given that the Preliminary Budget of the Town of Brant for the fiscal year beginning January 1, 2006 will be completed and filed in the office of the Town Clerk at Brant, New York, where it will be available for inspection after October 8th by any interested person during regular business hours. Further notice is hereby given that the Town Board of the Town of Brant will meet and review the Preliminary Budget and hold a Public Hearing thereon at the Brant Town Hall at 8:30 p.m. on the 12th day of October 2005 and at such hearing any person may be heard in favor or against any items therein contained. Further notice is given pursuant to Section 108 of the Town Law the proposed salaries of the following Town Offices are hereby specified as follows: Supervisor: $14,000.00, Councilman (4)x each:$4,265.00, Town Clerk/Tax Collector: $24,550.00, (verbal 24105.)Superintendent of Highways: $22,666.00(verbal 21900.) (verbal; clerk was reading from last year) DATED: October 4th, 2005. BY THE ORDER OF THE BRANT TOWN BOARD Thea A. Ells Brant Town Clerk
Supervisor Chiavetta started off by going over the process and dates to be met for the budget: October 4th the Tentative Budget is presented and gone over and any revisions or changes are done and then the Preliminary Budget is the one the board is working with now for the Public Hearing and the department head meetings to go over their requests. The projection is to act on the budget at our November meeting. Supervisor Chiavetta went over the budget: the hourly people, elected Town Clerk and Highway Superintendent, the full time highway and Chief of Police received approximately 3.5% increase, the other elected officials no increase. The process includes looking at what was used the last few years and what was requested. Supervisor Chiavetta went through each line of the budget. Significant increase in the part town budget (B Fund) which reflects an increase in zoning, refuse collection, and ambulance contracts.
Fire protection is up but the fund balance is lower. Under the Lotus Bay and Brant - Farnham sewer he will move the amount to debt service not real property taxes. Ex. - SM1001 to SM2392.
As it was 8:50 the board moved to the bid opening set for 8:45, and will continue with the public hearing. Thea Ells, Town Clerk read the following notice which was published in the Town Crier, Challenger and letters sent to minority organizations, September 20th, 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, the revised project is to include park lights, pedestal clock, shrubs, fencing and sidewalk cleaning. 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 Clerk?s Office (549-0282) during regular business hours. Bids will be opened Wednesday, October 12, 2005 at 8:45 p.m. at the regular meeting of the Brant Town Board, Brant Town Hall, 1294 Brant North Collins Road, Brant, New York. Dated September 20, 2005 By order of the Brant Town Board Thea Ells, Brant Town Clerk
Supervisor Chiavetta opened the one bid received:
Spoth Enterprise Angola, NY $58,500.00
The bid will be forwarded to E&M Engineers for review and recommendation to the Town Board.
At the Brant Memorial Park there is the Memorial which was partially funded by a group who are anxious to close out their funds and they would like the location that is still open for a plaque filled and they have expressed interest in funding some of the lights for the park. This would help with some of the costs to the revised project.
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 TO ALLOW CONTRIBUTION OF PLAQUE AND LIGHTING FOR MEMORIAL PARK
Preliminary Budget Public Hearing resumed:
The overall amount to be raised by real property taxes is down by approximately 4.8% while the appropriations and revenues are up slightly. The estimates last year for fee?s and fines collected through the courts helped. The roof repairs this year were paid for without reducing the fund balance as a result from the extra revenue associated with the fines.
Supervisor Chiavetta stated that there may be some minor changes as a result of the department head meetings and the vote for the budget will take place at the November 9th meeting. Councilman Pero asked the Supervisor to clarify that this is the Supervisors? tentative budget and that it does not reflect the Board. Chiavetta said yes as budget officer a tentative budget was presented to the Board on October 4th, for review and changes that then becomes the Preliminary. The department head requests will be copied for all the board members and all can be present at the workshops for adjustments and review before it will be voted on.
Councilman Pero asked if there can still be changes such as can he ask for more for the Judges and Chiavetta answered yes, as those elected salaries are not posted in the notice. Councilman Rosiek stated that the salaries in the notice for the elected officials cannot be made higher than advertised.
On a motion from Supervisor Chiavetta, seconded by Councilman Czyz the following motion was Adopted: 5 ayes - 0 nays
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero
Nays 0
RESOLVED THAT THE PRELIMINARY BUDGET PUBLIC HEARING BE CLOSED
THE ACKNOWLEDGEMENT OF VISITORS RESUMED:
Lee Brunelli spoke concerning the Plaque in the stone at the Town Park as its condition is deteriorating. Brunelli also mentioned that the windows at the community building and the recreation building are in need of replacement. Councilman Pero acknowledged an article which ran October 3rd, in the Buffalo News concerning DWI arrest and convictions. The News analyzed the outcome of more than 5,200 drunken driving charges to calculate the convicted as-charged rate for 2003-2004 and Brant?s Judge Peter Gugino was ranked 9th out of 43 courts in Erie County. Congratulations to Judge Gugino.
THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED.
Supervisor Chiavetta made a motion, seconded by Councilman Pero, to adopt a resolution authorizing Supervisor Chiavetta to sign, submit and execute a contract with Erie County Community Development Block Grant program for the following projects upon approval in order:
1) Senior Fitness Center
2) Farnham Playground Project
3) Rural Transit Funding Support
A roll Call vote was taken:
Supervisor Chiavetta Aye
Councilman Pero Aye
Councilman Czyz Aye
Councilman Rosiek Aye
Councilman Arrigo Aye
5 AYES 0 NAYS CDBG RESOLUTION 101205--#1 ADOPTED
NEW BUSINESS:
Item 1)
On a motion from Councilman Arrigo, seconded by Councilman Pero, the following motion was
Adopted: 5 AYES- 0 NAYS
Councilman John Arrigo Voting Aye
Councilman Leonard Pero Voting Aye
Supervisor Samuel J. Chiavetta, Jr Voting Aye
Councilman Martin Rosiek Voting Aye
Councilman Eugene Czyz Voting Aye
The Town Board of the Town of Brant hereby agrees to participate and enter into an agreement with the County of Erie for the years 2005-2007 Snow Removal and Ice Control Agreement, and that Supervisor Samuel J. Chiavetta Jr. has authority to sign the contract which is filed in the Town Clerks? Office.
Item 2)
On a motion from Councilman Czyz, seconded by Councilman Pero the following motion was Adopted: 5 ayes - 0 nays
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero
Nays 0
RESOLVED THAT RURAL TRANSIT USE THE COMMUNITY BUILDING FOR THEIR CHRISTMAS PARTY FRIDAY, DECEMBER 9TH.
Item 3)
Supervisor Chiavetta acknowledged a letter from National Fuel stating that we may see increases up to 20 ? 30% this season.
Item 4)
On a motion from Supervisor Chiavetta, seconded by Councilman Arrigo, the following motion was
ADOPTED: 5 AYES
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero
Nays 0
RESOLVEDTHAT HALLOWEEN CELEBRATION IS MONDAY OCTOBER 31ST, 2005 ONLY BETWEEN THE HOURS OF 6 PM AND 8 PM FOR ?TRICKS OR TREATS?. RESIDENTS ARE REQUESTED TO LEAVE AN OUTSIDE LIGHT ON BETWEEN THESE HOURS TO HELP INSURE THE SAFETY OF OUR CHILDREN AND TO SHOW WILLINGNESS TO PARTICIPATE IN THE CELEBRATION OF HALLOWEEN.
Item 5)
On a motion from Councilman Czyz, seconded by Supervisor Chiavetta, the following motion was
ADOPTED: 5 AYES
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero
Nays 0
RESOLVED TO ACCEPT THE RESIGNATION OF DAVID SWARTZWELDER DUE TO RELOCATION FOR HIS POSITION AS A MEMBER OF THE BRANT PLANNING BOARD AND TO HAVE A PLAQUE PRESENTED STATING THE TOWN?S APPRECIATION FOR HIS YEARS OF SERVICE.
Item 6)
The Board set Department Head meetings for the 2006 Budget to begin on Tuesday October 18 at 7:00 PM.
MISCELLANOUS BUSINESS
The Board recognized a certificate received by the Brant Police Department from the Brant School for assistance with the Operation Safe Stop program for helping to keep our school bus rides safe.
The Board received a quote for the tennis and basketball court resurfacing from Olsen Paving.
Basketball Courts: Total $16,650.00, Tennis Courts: Total 21,550.00; to be paid upon completion. The board felt they should budget the amounts without the green sealer and to do the prep work this fall and finish in the spring and pay upon completion.
On a motion from Councilman Rosiek, Councilman Czyz seconded by the following motion was
ADOPTED: 5 AYES
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero
Nays 0
RESOLVED TO ACCEPT BID FOR COURTS WITHOUT COLOR SEALER AND TO DO PREP WORK THIS FALL AND FINISH IN THE SPRING
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 SEPTEMBER ABSTRACT AS SHOWN FOR PAYMENT
ABSTRACT 10 for the year 2005
General Fund Town wide
Vouchers 359-390
Totaling: $14,208.50
Highway Town Wide
Voucher 77-85
Totaling: $2,731.39
General Fund Part Town
Vouchers 24
Totaling: $8,104.54
Highway Part Town
Voucher 17-19
Totaling: $3,322.49
Lotus Bay Sewer Dist #1
Voucher 3
Totaling $ 5,000.00
Street lighting
Voucher 9
Totaling: $1,796.12
On a motion from Councilman Arrigo, and seconded by Councilman Czyz the following was
Adopted: 5 AYES
Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero
Nays 0
RESOLVED TO ADJOURN THE OCTOBER MEETING AT 9:22 P.M.
Respectfully submitted,
Thea A. Ells
Brant Town Clerk
APPROVED BY:
SUPERVISOR CHIAVETTA: ________________________________
COUNCILMAN ROSIEK: ________________________________
COUNCILMAN CZYZ: _________________________________
COUNCILMAN ARRIGO: ___________________________________
COUNCILMAN PERO: ____________________________________