Minutes of the regular meeting held on Tuesday February 14, 2006 of the Brant Town Board at 7:30 PM, at the Brant Town Hall, at 1294 Brant-North Collins Rd, Brant, New York.
There were present:
Supervisor Leonard K. Pero
Councilman John Arrigo
Councilman Jeffrey W. Gier
Councilwoman Roseann Turner
Attorney William J. Trask Sr.
Recording Secretary: Town Clerk Thea A. Ells
Absent:
Councilman John J. Chiavetta
Also present were:
Martin E. Rosiek, resident Joseph Gardyjan, Planning Board Chair
Kirk Ritz, resident Charles Arrigo, resident
David Berns, resident Terry Caber, Village Mayor
Joseph Giambrone, Highway Superintendent Diane & Gene Czyz, residents
Charles Arrigo, resident Ron McPeek, Town Crier
Gina DeMaria, Deputy Clerk George Cordia, Village Trustee
Janet Bowman, Assessors clerk Bill Wesp, Deputy Hwy. Super.
Lee & Jean Brunelli, resident Tammy & Nicholas Czyz, guests
Tony Krtanjiek, Village Trustee John J. O?Donnell, resident
Tom Banzer, Brant Auto David Berns, resident
Sam Chiavetta Jr., resident Marian Vanni, North Collins Councilman
Timothy Kobel, resident Ray Vanni, North Collins
1) PLEDGE TO THE FLAG
At 7:30 PM a pledge to the flag was led by Supervisor Pero, and the meeting was called to order. Supervisor Pero made a short announcement to the audience: 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.
Presentation of Plaques for Dedicated Service:
Supervisor Pero presented Samuel J. Chiavetta Jr., Martin Rosiek, Eugene Czyz, and Diane Czyz with Plaques, reading from each one, mentioning their years of service with the Town and thanking each of them for their dedication to the residents of Brant.
2) APPROVAL OF MINUTES
On a motion from Councilman Gier, seconded by Councilman Arrigo, the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE JANUARY 10, 12 & 19 TOWN BOARD MINUTES BE ACCEPTED
3) MONTHLY REPORTS
On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE SUPERVISORS DECEMBER 2005 FINANCIAL REPORT BE ACCEPTED
On a motion from Councilman Arrigo, seconded by Councilman Gier, the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE TOWN CLERKS 2005 ANNUAL FINANCIAL REPORT BE ACCEPTED
On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE TOWN CLERKS JANUARY FINANCIAL RECONCILIATION REPORT BE ACCEPTED
On a motion from Councilman Arrigo, seconded by Councilwoman Turner the following motion was:
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE JUSTICE CLERKS JANUARY FINANCIAL RECONCILIATION REPORT BE ACCEPTED
On a motion from Councilman Gier, seconded by, Councilwoman Turner the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE JANUARY CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ BY SUPERVIOSR PERO
On a motion from Councilman Gier, seconded by Councilman Arrigo, the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE JANUARY DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ BY LIAISON COUNCILMAN ARRIGO.
On a motion from Councilwoman Turner, seconded by Councilman Arrigo, the following motion was:
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE POLICE CHIEF?S JANUARY REPORT BE ACCEPTED AS READ BY LIAISON SUPERVISOR PERO
Town Clerks Report reviewed and the motion and resolution included in the report will be addressed later in the agenda
On a motion from Councilman Arrigo, seconded by Councilman Gier, the following motion was:
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE JANUARY TOWN CLERKS REPORT BE ACCEPTED
On a motion from Councilman Arrigo, seconded by Councilman Gier, the following motion was:
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: THAT THE PLANNING BOARD JANUARY MEETING MINUTES READ BY JOSEPH GARDYJAN BE ACCEPTED
Clerks note: All Department Reports are attached in Minute Book; Financial reports are filed in respective offices.
WATER DISTRICT:
Supervisor Pero reported that Steve Waldvogel from CRA Engineers met with the Board at the workshop on February 9 and updated the new members of the history of the project, and stated that everything is on hold at the moment.
BRANT REVITALIZATION COMMITTEE:
Supervisor Pero announced that the Beautification and Event Committee will be Marcy Muffoletto, and Patty Friend with the Brant Summer Fest being held on July 15. Anyone wishing to help or contribute please contact either person or Supervisor Pero.
Energy committee will consist of Bill Henry and Joe Zolnowski. Liaison for Wide Beach is Pat Purpera and for Lotus Bay the liaison is Pat Dabrowski.
OLD BUSINESS:
1) Audit Request: Supervisor Pero reported that he sent a letter to NYS Audit and Control and Tom Milecki an Independent Auditor reportedly would be $16,500.00 if used one year and $20,000.00 if used for two years.
2) Windows Community Building: A letter was sent to Senator Volker asking for member item of $20,000.00 for repairs to windows, doors, bathrooms and kitchen area. There was also a letter sent to Assemblymen Quinn for a member item of $25,000.00 for playground equipment.
3) Library Donations:
On a motion from Supervisor Pero, seconded by Councilman Arrigo, the following motion was:
On a roll call vote: 3 aye 1 nay
Supervisor Leonard K. Pero Voting Aye
Councilman Arrigo Voting Aye
Councilman Gier Voting Nay
Councilman Turner Voting Aye
ADOPTED: THE TOWN OF BRANT WILL DONATE $500.00 EACH TO THE ANGOLA LIBRARY AND THE NORTH COLLINS LIBRARY
4) Mile Block Rd. & Rt. 249: Supervisor Pero reported that letters had gone out to Erie County and New York State DOT concerning the problems that were mentioned at last months? meeting and the Town received back letters from DOT and from Senator Volker, indicating that a review of the areas will be conducted.
NEW BUSINESS
1) Financial State of the Town Report
Supervisor Pero reported that the General Fund Town Wide is in decent shape and the appropriated fund balance is $86,934.86. The General Fund Part Town has a deficit of $2,057.59 due mainly to an increase in the refuse pick up. The Highway Fund Town Wide has a Deficit of $10,154.96. The Assessors Office was over budget in their equipment as they purchased a computer in June and a laptop in November totaling $4464.70 which put them $1,964.70 over budget. The recreation budget went over due to the addition of an extra week. This all effects the 2006 year and ultimately the 2007 budget. Over all we need to watch what we spend so that we purchase only materials and services needed. Supervisor Pero made it clear that the truck which was purchased by Highway Superintendent Joseph Giambrone was purchased in good faith and permission was given to do so and in no way does the deficit reflect the character and judgment of our Highway Superintendent. Total Bond Anticipation note for the Back hoe is $5,000.00 and it will be paid off; Trucks, $69,000.00 left with $35,000.00 paid this year and $34,000.00 paid off next year. Serial Bond for the Sewer District is paid through Erie County Sewer Authority, and the Brant Water District is over $343,000.00 and will be paid off in 2037.
On a motion from Councilman Arrigo and seconded by Councilman Gier the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: TO ACCEPT THE BUDGET MODIFICATIONS AS RECOMMENDED BY ACCOUNTANT DICK GRYSKA AND READ BY SUPERVISOR PERO AS OF DECEMBER 2005 AND ATTACHED IN THE MINUTE BOOK
2) Proclamation: Supervisor Pero read the Proclamation (which was entered in full text in the January 10, 2006 Town Board meeting Minutes), and presented such to Chief Wayne Falk proclaiming February 18 as Wayne Falk Day in the Town of Brant: Announced a gathering at the Community Building on February 18 from 1:00 PM till 5:00 PM to honor Chief Falk.
3) Moratorium Billboards & Signs: Supervisor Pero read a memo from Joseph Gardyjan, Planning Board Chairman ?Because we are in the stages of gathering information for a new updated version of laws governing our sign and billboard regulations, I am suggesting to the Board that we put a moratorium on any sign or billboard until we have come to an agreement on what we want included in our regulations.?
On a motion from Supervisor Pero and seconded by Councilman Arrigo the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: ADOPTED TO HOLD A PUBLIC HEARING ON THE 14TH DAY OF MARCH, 2006 AT 8:00 P.M. LOCAL TIME FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF PROPOSED LOCAL LAW NO. 1 OF 2006, WHICH WOULD IMPOSE A SIX (6) MONTH MORATORIUM ON THE ISSUANCE OF APPLICATIONS AND THE GRANTING OF PERMITS, LICENSES OR APPROVALS FOR THE SITING, LOCATION OR CONSTRUCTION OF BILLBOARDS AND SIGN STRUCTURES IN THE TOWN OF BRANT.
4) Resolution for receiving taxes:
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
On a roll call vote: 4 aye 0 nay
Councilman Gier Voting Aye
Councilwoman Turner Voting Aye
Supervisor Leonard K. Pero Voting Aye
Councilman Arrigo Voting Aye
ADOPTED: THE FOLLOWING RESOLUTION021406-#5
WHEREAS, the Erie County Legislature unanimously approved a request for Home Rule Legislation from New York State that allows municipalities to accept partial payment in any amount for payment of property taxes, and
WHEREAS, the New York State Legislature is reviewing the request and formulating the necessary bills to be returned to the County of Erie for Home Rule approval; and
WHEREAS, the legislation is vital to all residents and taxpayers of Erie County and the Town of Brant, particularly the senior citizens and impoverished; and
WHEREAS, the Town Board of the Town of Brant deems it imperative that this legislation is acted upon as soon as possible to maximize the benefits to the affected parties.
THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Brant hereby approves that the Erie County Legislature acts on said Home Rule as soon as bill numbers are available, even if special session is required, to ensure that partial payments be accepted during this tax cycle; and
BE IT FURTHER RESOLVED, the Town Board of the Town of Brant hereby authorizes acceptance of partial payments in any amount pursuant to the aforementioned legislation; and
BE IT FURTHER RESOLVED, that upon enactment by the New York State Legislature, the Erie County Legislature and signed by Governor Pataki, the Town Board of the Town of Brant does hereby authorize partial payments to be made in any amount beginning with the 2006 Town and County Tax Collection.
5) CDBG approval: Rural Transit was approved for funding in the amount of $226,606.00.
6) Report on new Police Chief: 18 applicants have been received and the interviews start tomorrow, they will be narrowed down to five and hopefully we will have a new Chief of Police by mid March. Supervisor Pero reported that Wayne Falk is working as administrative advisor and John Giacchino is acting Chief.
7) Memorial Park CDBG update: Due to the Fact that the Board members did not have any input into the project Supervisor Pero reported that he has had meetings with Tom Dearing of Erie County Planning, Connie Miner and E& M Engineers. We have an extension and the Board is trying to get as much for the dollar as we can.
8) Excellence in Equity Award: Supervisor Pero read the award contents and gave to Janet Bowman the Assessors Clerk.
9) Disposal of records:
On a motion from Councilman Gier and seconded by Councilman Arrigo the following motion was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED THAT APPROVAL BE GRANTED FOR THE TOWN CLERK TO DISPOSE OF RECORDS WHICH HAVE EXPIRED THEIR RETENTION DATES AND HAVE BEEN GONE THROUGH AND NOTHING OF HISTORICAL VALUE: INCLUDED ARE: PAPER COPIES OF DOG LICENSES, BINGO REPORTS, SUPERVISOR FINANCIAL REPORTS, DOG CONTROL REPORTS, CASH BOOK, PARK RENTALS.
10) Driver school: After some discussion:
On a motion from Supervisor Pero, and seconded by Councilman Gier the following was
On a roll call vote: 4 aye 0 nay
Supervisor Leonard K. Pero Voting Aye
Councilman Gier Voting Aye
Councilman Arrigo Voting Aye
Councilwoman Turner Voting Aye
ADOPTED: THE FOLLOWING RESOLUTION 021406-#6
WHEREAS, THE TOWN OF BRANT HAS RECEIVED A PROPOSAL FROM THE ADMINISTRATORS OF THE DRIVER IMPROVEMENT PROGRAM FOR THE VILLAGE BLASDELL FOR SETTING UP AND OPERATING A SIMILAR PROGRAM IN THE TOWN OF BRANT,
WHEREAS, THE OPERATION OF A DRIVER IMPROVEMENT PROGRAM IN THE TOWN OF BRANT WOULD MAKE ITS BENEFITS MORE ACCESSIBLE TO PARTICIPANTS WHO RESIDE IN THE AREA, AND
NOW, THEREFORE, IT IS
RESOLVED, THAT THE BRANT TOWN BOARD DOES HEREBY AUTHORIZE THE SUPERVISOR TO ENTER INTO AN AGREEMENT WITH THE SAID ADMINISTRATORS TO PROVIDE FOR ESTABLISHING AND OPERATING A DRIVER IMPROVEMENT PROGRAM IN THE TOWN OF BRANT TOWN HALL, SUBJECT TO THE REVIEW AND APPROVAL OF SUCH AGREEMENT BY THE TOWN ATTORNEY
11) Senior Services: Supervisor Pero attended a meeting on February 1st, 2006 where many of the representatives for the programs which are available for seniors and their families with information concerning caregivers, mediation prescription program information, and medical coverage information.
MEETINGS & CORRESPONDENCE
1) Letter John & Betty O?Donnell: Supervisor Pero read from a letter in which the O?Donnell?s? of Hammond Road thanked the Highwaymen and the Supervisor for their prompt attention to a coach which was dumped on their road.
2) Share of 1% sales tax: Supervisor Pero reported that he attended a meeting where a Yes vote was entered in regards to the acceptance for the sharing of the sales tax revenue, Brant share will be $22,088.00.
3) Wind Energy Round Table: Bill Henry attended a meeting on January 26, where it was mentioned that the legislation which is being passed gives a real property and sales tax exemption for wind and or solar energy installation, but when the property owner installs and completes the project the property tax exemption would expire: Assemblymen Quinn sponsored a bill to extend the exemptions.
4) South Towns Community Coalition: Supervisor Pero attended meetings Feb 1st, & February 3rd, with the collaboration for tourism in the South Towns: the meetings when well; phase 1 included the inventory of the assets and interest points of these areas, phase 2 is now asset development, infrastructure support marketing and implementation.
MISCELLANEOUS INFORMATION
1) Clean Sweep N.Y.: New York State Department of Environment and Planning and the Department of Agriculture and Markets April 24 week will be collecting pesticides, etc.
2) Soil & Water: The seedling program for the tree and shrubs is starting and the pamphlets are in the Town Hall by the Town Clerks Office for those wishing to participate.
3) Project HAVA: Help America Vote brochure is available.
4) Winter Fest: Program is this weekend at the Evangola State Park, many activities to participate in for all.
5) Assemblymen Quinn?s Community Outreach: There will be one round of Community Outreach programs per town this year and Assemblymen Jack Quinn has asked for use of the conference room at the Brant Town Hall for Saturday March 4th form 9:00 AM till 11:00 AM.
COUNCILMAN REPORTS
Councilman Gier stated that he and Councilman Arrigo are presently involved with updating the employee handbook and with the hiring of a police Chief
APPROVAL OF ABSTRACT
On a motion from Councilman Gier, and seconded by Councilman Arrigo the following was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: TO APPROVE THE FEBRUARY ABSTRACT AS SHOWN FOR PAYMENT:
ABSTRACT 2 FOR THE YEAR 2006
General Fund Town wide
Vouchers 29-76
Totaling:$28,634.12
General Fund ? Part Town Payroll
Vouchers 4-5
Totaling: $ 8,174.54
Highway Town Wide
Voucher 2-14
Totaling: $17,022.16
Street lighting
Voucher 1
Totaling: $ 2,423.48
OPEN AGENDA: Welcomed Officials from Farnham: Terry Caber, Village Mayor, George Cordia, Village Trustee Tony Krtanjiek, Village Trustee, and Officials from North Collins: Councilman Marian Vanni. Supervisor Pero commented that it was good to see the different officials here from our surrounding villages and towns, and to be all working together for our communities.
Supervisor Pero opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns.
Ray Vanni expressed his thank you for the donation to the Library.
Martin Rosiek: Has issue with the four meetings last month and that the special meetings are not visited by the public and media. The increase of 400% in executive sessions is noted, and a complaint of open time to speak at these meetings is limited. He is in favor of re-introducing the Ombudsmen Committee. Questioned what is happening with Water Contract with the Village of Farnham. He questioned if there was actually a need to have a police force in the Town of Brant.
Rosiek commented on the board not having a roll call vote on the budget modifications. He questioned the billboard moratorium time limit and asked for verification of Bill Henry?s residency and his ability to represent the Town on a committee or board. Supervisor Pero answered that the meetings in January were legally posted for public notification and that the Board had to meet in executive session to discuss the police chief position, and that the water contract is being reviewed and that the Board would consider his comments.
Banzer inquired about water on Brant North Collins Road, Pero answered that the South West Water Consortium that was discussed earlier would is to include that area.
Ritz questioned the extra meetings in January, and the notification for those and that the Code Enforcement officer was appointed at one of the special meetings, and suggested doing such things when the public is present. Questioned the use of an outside payroll company, Pero answered that the payroll is a job of the Supervisor and to his discretion how it is done, and it is staying within the budget for $82.00 a month. Ritz questioned the process and comments made during the interview of the past supervisors secretary and the reasons for which she was not retained in the position. Pero answered and stated that he made the decision on his own for the whole people and not by the direction of anyone in particular.
Tim Kobel thanked the board for having Gary Brecker come and check out the situation with his neighbor and Supervisor Pero stated that someone had been sited. Kobel went on to comment on the Water contract with the Village of Farnham with concerns that the Village was making money from the water district customers i.e. a new backhoe, and voiced his concerns that possibly Erie County Water Authority would be a less expensive alternate for the Town. Terry Caber commented that the Village does not make money on the water district, and their backhoe was purchased with grant monies.
THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED.
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: FOR THE TOWN BOARD MEMBERS TO RETIRE FOR A BRIEF EXECUTIVE SESSION TO DISCUSS A CONTRACTUAL ISSUE AT 8:35 PM.
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: EXECUTIVE SESSION OF THE BOARD CLOSED AT 8:45 PM
On a motion from Councilman Arrigo, and seconded by Councilwoman Turner the following was
Ayes 4 Pero, Arrigo, Gier, Turner
Nays 0
ADOPTED: TO ADJOURN THE FEBRUARY 14, 2006 MEETING IN MEMORY OF EDWARD DION WHO WAS INSTRUMENTAL WITH THE SENIOR CITIZEN PROGRAM AND WAS A FREQUENT VISITOR TO THE BOARDS? MEETINGS, HE WILL BE MISSED BY MANY AND A GREAT LOSS; SUPERVISOR PERO REQUESTED A MOMENT OF SILENCE. AT 8:46 PM
Respectfully submitted,
Thea A. Ells
Brant Town Clerk
APPROVED BY:
SUPERVISOR PERO: ___________________________________
COUNCILMAN ARRIGO: _____________________________
COUNCILMAN GIER: _________________________________
COUNCILWOMAN TURNER: ___________________________________
COUNCILMAN CHIAVETTA:____________________________________