“draft”

       Minutes of the regular meeting of the Brant Town Board at 8:00 PM and sealed bid opening for roof replacement at Highway Garage and Recreation Building at 8:15 pm, at the Brant Town Hall, held April 14, 2005, at 1294 Brant-North Collins Rd, Brant, New York.

There were present:

Supervisor Samuel J. Chiavetta

Councilman Martin Rosiek

Councilman John Arrigo                         

Councilman Leonard Pero

Attorney John Grennell

Recording Secretary: Thea Ells Town Clerk

Absent: Councilman Eugene Czyz– due to illness

Also present were:

William Easterling, resident                                        Ed Dion, resident

Jean Brunelli, resident                                                Thomas Bowman Jr., Pro Shop

Lee Brunelli, resident                                                 Fredrick Ball Jr., Building Inspector          

Melanie Larson, The Sun                                            Allen Nolan, DM&K

Joseph Giambrone, Highway Super.                             Joseph Gardyjan, Planning Board Chairman

The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.

Supervisor Chiavetta announced to those in attendance that there was a Bid Opening at 8:15 which the Board will break for and then return to regular business.

Councilman Pero made a motion; seconded by Councilman Arrigo to accept the minutes of the Town Board meeting of March 8, 2005 as submitted by the Town Clerk. 4 ayes

 MOTION CARRIED: MARCH 2005 MINUTES APPROVED

           A motion was made by Councilman Rosiek seconded by Councilman Pero to accept the Supervisors Financial Report for the month of February as submitted. 4 ayes

 MOTION CARRIED: SUPERVISORS FEBRUARY FINANCIAL REPORT ACCEPTED

A motion was made by Supervisor Chiavetta and seconded by Councilman Rosiek to accept the Town Clerk’s & Tax Collection Accounts Financial Reconciliation Report for MARCH 2005. 4 ayes

MOTION CARRIED: TOWN CLERKS & TAX COLLECTOR MARCH FINANCIAL RECONCILIATION REPORT ACCEPTED

A motion was made by Councilman Rosiek and seconded by Supervisor Chiavetta to accept the Justice Clerks Financial Reconciliation Report for March 2005. 4 ayes

MOTION CARRIED: JUSTICE CLERKS MARCH FINANCIAL RECONCILIATION REPORT ACCEPTED

A motion was made by Councilman Rosiek and seconded by Supervisor Chiavetta to accept the March Code Enforcement Officer’s report. 4 ayes   

MOTION CARRIED: CODE ENFORCEMENT OFFICER’S MARCH REPORT APPROVED

            NO DOG CONTROL OFFICER’S MARCH REPORT IN PACKET

NO POLICE CHIEF’S MARCH REPORT IN PACKET

A motion was made by Supervisor Chiavetta seconded by Councilman Pero to accept the Planning Board report for March as submitted. 4 ayes

MOTION CARRIED: PLANNING BOARD MARCH REPORT ACCEPTED

Supervisor Chiavetta reported that the Town of Evans was not planning on having water service on Cain Road and there was a request concerning Collins Correctional Facility and the cost of funding which may result in a lower cost of the project.

Councilman Pero reported that the Brant Farnham Economic Development 501C3 Corporation would be meeting at the Brant Community Building on Wednesday April 20^th at 7:30 PM to try and get this thing moving and get some money into the organization. Also that the 7(seven) Communities involved in the Collaborative Quality Community Grant Application meet on a regular basis and tomorrow in Eden at the Four Corners Restaurant at 8:30 AM. Councilman Pero reported that the Brant Renaissance has 3(three) to 4(four) perspective people looking at the Brant Store and asked that anyone interested should come forward.   

Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda.

Joseph Gardyjan stated that he had one question: he noted that there were items discussed by the Board but not listed in the list of minutes from the Board Meetings. Supervisor Chiavetta and Councilman Rosiek responded that the minutes follow the agenda and include actions of the Board and a general mentioning of discussions. Mr. Gardyjan when asked was not specific but said, just items that have been omitted over the last year. Councilman Pero offered to explain with an example of the last Work Session where he had a lot of questions and disagreed with the gentleman from the State about assessments and it wasn’t mentioned in the minutes. Councilman Pero felt the minutes should reflect the different Board Members ideas. Supervisor Chiavetta stated that the Work Sessions do not have minutes but a record of the meeting and a general outline of items discussed. Councilman Pero questioned whether the question brought forward by Mr. Gardyjan would be reflected in the minutes and Thea Ells replied that yes it would.  

As everyone who wanted to be heard had been heard, the Acknowledgement of Visitors was closed. 

          The following resolution was offered by Councilman Martin Rosiek of the Town of Brant, who moved its adoption: and read by Supervisor Chiavetta:

Whereas:  The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts;

Whereas:  The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with a May 1, 2005 deadline;

Be It Resolved:  That the Town Board of Brant does hereby authorize the Supervisor to prepare, sign and submit a grant application entitled:

NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract.

Resolution was seconded by Supervisor Chiavetta and duly put a vote, as follows:

Councilman Martin Rosiek                         Voting     Aye

Supervisor Samuel J. Chiavetta, Jr            Voting     Aye

Councilman John Arrigo                           Voting     Aye

Councilman Leonard Pero                         Voting     Aye

Ayes:  4           Noes:   0      Absent:    1

Supervisor Chiavetta reviewed for the Board a letter from Nancy Naples the County Comptroller, stating that the monthly payment to towns etc. of collections from Erie Counties four percent (4%) Sales and Compensating Use Tax will be transitioned back to quarterly payments. Supervisor Chiavetta reported that the Erie County Association of Towns formally went on record and distributed such to the appropriate offices that they were against the change from monthly payments to quarterly.   

          Supervisor Chiavetta stated that it was 8:15 pm and the Sealed Bid Opening would begin. 

          Bid Opening began with the Town Clerk Thea Ells reading the legal notice, which was published in the Town Crier March 22^nd, 2005 issue. ADVERTISEMENT FOR BIDS FOR ROOF REPLACEMENT AT HIGHWAY GARAGE AND AT RECREATION BUILDING TOWN OF BRANT ERIE COUNTY, NEW YORK

Sealed bids for the replacement of Highway Garage at 999 Brant Farnham Rd and the Recreation Building at 1000 Brant Farnham Rd roofs in the Town of Brant, Erie County, will be received by the Brant Town Clerk, until 8:15 PM local time on Thursday April 14, 2005 at the Brant Town Hall, 1294 Brant-North Collins Road, Brant, New York 14027, at which time and place they will be publicly opened and read.

The project consists of complete tear off of roof  ballast, roof membrane and insulation and replacing with tapered insulation and fully adhered EPDM roof membrane at the Town Highway Garage (approximately 5,600 sf) and at Town Recreation Building (approximately 4,112 sf).

Plans, specifications and bid forms are on file for inspection with the Brant Town Clerk, and at the office of E&M Engineers and Surveyors, PC, 482 South Cascade Drive, Springville, NY 14141.

The Town of Brant reserves the right to reject or accept any and all bids.

A bid bond in the amount of five percent (5%) of the bid is required.

Copies of plans, specifications and bid forms may be obtained from the Town of Brant Clerk's office, upon the deposit of Fifty Dollars ($50.00) for each set of documents.  DEPOSIT CHECKS SHALL BE MADE PAYABLE TO THE TOWN OF BRANT. If documents are to be mailed, a separate check in the amount of $5.00 is required for First Class Postage and should be made out to the Town of Brant.

Any Bidder, upon returning the Contract Documents to the Town Clerk within 30 days, pursuant to Section 102 of the General Municipal Law and in good condition, will be refunded their deposit payment, and any non-bidder upon so returning the Contract Documents will be refunded Twenty Five Dollars ($25.00).By Order of the Brant Town Board Thea A. Ells, Brant Town Clerk Dated March 22, 2005   

Supervisor Chiavetta opened the following sealed bids and publicly read them before the Board as follows:

                                                          Highway                    Recreation

On a motion from Councilman Pero, seconded by Councilman Arrigo the following resolution was Adopted: 4 ayes - 0 nays

Councilman Leonard Pero                         Voting     Aye

Councilman John Arrigo                           Voting     Aye

Councilman Martin Rosiek                         Voting     Aye

Supervisor Samuel J. Chiavetta, Jr            Voting     Aye

Resolved that the approval for the bid be awarded to the lowest qualified bidder contingent upon the approval of the Town Engineer in charge of the project.

Supervisor Chiavetta reported from a letter received form Erie County Concerning two (2) speed reduction requests. Surfside Drive speed shall be lowered to 30 MPH, and the Town is responsible for placing the appropriate signs.  Milestrip will remain the same at 55 MPH, as they found the current speed limit to be appropriate.

           The Board acknowledged receipt of a Thank You letter from Maureen and Bill Stamp concerning the moving of a street lamp on Old Lake Shore Road.

          Supervisor Chiavetta made a motion, seconded by Councilman Rosiek, Councilman Arrigo, Councilman Pero the following was

Adopted: 4 AYES

Ayes 4          Chiavetta, Rosiek, Arrigo, Pero

Nays 0

Proclaim that Municipal Clerk’s Week May 1^st through May 7^th, 2005

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, Samuel J. Chiavetta Jr., Supervisor of the Town of Brant, do recognize the week of May 1 through May 7, 2005 as Municipal Clerk Week, and further extend appreciation to Municipal Clerk, Thea Ells, and to all her Deputies, for the vital services they perform and their exemplary dedication to the communities they represent. Dated this April 14^th, 2005

          The Board recognized receipt of letters of request for Bus driver positions for the 2005 Recreation Program: Linda Kusior-Bantle, Doreen Cheney. Receipt of letters of request for Counselor positions for the 2005 Recreation Program: Elizabeth Inglut, Katie Bantle, Joshua Dier, Tony Rivera, Peter Pero, Victoria Busch, Jillian Kobel, Emma Grennell, Kyle Hoffman, Kelly Wurster, Brian Wurster, Elizabeth Marien, Theresa Bellavia. Receipt of letters of request for Lifeguard Positions for the 2005 summer season: Laura Zailac, Joseph Castle, Tara Sager, Michelle Loomis, Samantha Timm

Receipt of Letters for the Recreation Director position: Jason Sullivan, Vincent Fininzio Jr., Jonnyann Roach.

          Supervisor Chiavetta asked that the Recreation Committee (Gene Czyz and John Arrigo) review the applications, conduct the interviews and follow up with the Health Department after the Director is chosen and approved by the Health Department, then oversee the interviews with the Director for the counselors and lifeguards. The packet with the Health Department needs to be done soon and they will help fill out all the appropriate papers.  Councilman Arrigo asked that the interviews be held at the next work session (April 26), and Councilman Pero asked that the work session be changed to the next evening which would be Wednesday April 27^th and all agreed.

            The Board reviewed the quotes from Jim’s Lawn Service and DM&K Enterprises for the contract for maintenance of the Town Parks and Town Hall, which were received since the last Board meeting. The Board had a lengthy discussion weighing the two quotes and comparing that one had a two year option which was what was accepted in the past.  The Board asked Allen Nolan (DM&K) who was present to give them a price for his hourly rate for any extra work, as that was included in one of the quotes.  

On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek, the following motion was

Adopted: 3 AYES 1 NAY

Ayes 3          Chiavetta, Rosiek, Pero

Nays 1          Arrigo

RESOLVED THAT DM&K BASED ON EXPERIENCE KNOWN TO THE BOARD AND AS A RESPONSIBLE BIDDER IS AWARDED A TWO YEAR CONTRACT ($12,000.00per yr.) FOR THE LAWN MAINTENCE OF THE TOWN FACICILITIES AS OUTLINED IN THE SPECIFICATIONS FOR BRANT GROUNDS AND WITH ADDITION OF WORDING THAT ANY EXTRA WORK APPROVED BE AT A RATE OF UP TO $25.00 PER HOUR PER MAN

          On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek, the following motion was

Adopted: 4 AYES

Ayes 4          Chiavetta, Rosiek, Arrigo, Pero

Nays 0         

RESOLVED TO ADVERTISE FOR ACCEPTANCE OF BIDS FOR THE 2001 FORD CROWN VICTORIA POLICE CAR AS TO BE OPENED ON TUESDAY MAY 10, AT 8:15 PM

          Supervisor Chiavetta informed the Board members that he had been informed through Erie County Emergency Services that at the Organizational Meeting the Supervisor is named Police Commissioner which is needed for the Towns’ Emergency Disaster Plan and for the signing of certain grants.  This was done in the past but has not been done in the last few years.

On a motion from Councilman Rosiek, seconded by Councilman Arrigo, the following motion was

Adopted: 4 AYES

Ayes 4          Chiavetta, Rosiek, Arrigo, Pero

Nays 0         

RESOLVED TO NAME SUPERVISOR CHIAVETTA THE POLICE COMMISSIONER

          Supervisor Chiavetta referred to a letter received from Energy Services Providers, Inc. which states that the Town would save 15% on electric costs.  The Board asked that Thea get a sample bill and find out if there are any switch back fees that the Town might incur. Thea reported that they stated they guarantee a 15% savings and no switch back fees.

On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek, the following motion was

Adopted: 4 AYES

Ayes 4          Chiavetta, Rosiek, Arrigo, Pero

Nays 0         

RESOLVED TO SWITCH ELECTRIC BILLING TO ENERGY SERVICES (ESPI)

Highway Superintendent Joseph Giambrone asked the Board to set a date for a meeting at the Brant Town Park with Lake Shore Youth Football and himself to go over the coming season. Thea had contacted the grounds committee as LSYF had contacted her and stated that they would have a clean up date on June 19^th.  The Board agreed to meet at the Park at 6:00 PM before the next work session on April 27^th, and invited Allen Nolan of DM&K to attend also. Thea will contact Lake Shore Youth Football (Dave Mascio).

On a motion from Councilman Pero and seconded by Supervisor Chiavetta the following motion was

Adopted: 4 AYES

Ayes 4          Chiavetta, Rosiek, Arrigo, Pero

Nays 0         

RESOLVED TO APPROVE THE APRIL ABSTRACT AS SHOWN FOR PAYMENT  

          ABSTRACT 4 for the year 2005

 On a motion made by Councilman Arrigo, and seconded by Supervisor Chiavetta the following was

Adopted: 4 AYES

Ayes 4          Chiavetta, Rosiek, Arrigo, Pero

Nays 0            

RESOLVED TO ADJOURN THE APRIL MEETING IN MEMORY OF THE LATE STATE SENATOR PATRICIA MCGEE AT 8:45 P.M.

Respectfully submitted,

Thea A. Ells, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA: ___________________________________

COUNCILMAN ROSIEK:                                                                             __

COUNCILMAN CZYZ:             ___________________________________                                                                     

COUNCILMAN ARRIGO:     ____________________________________

COUNCILMAN PERO:                                                                   __________