Minutes of the regular meeting held on Tuesday January 10, 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               

Councilman John J. Chiavetta

Attorney William J. Trask

Recording Secretary: Town Clerk Thea A. Ells

Also present were:                                                                                    

Martin E. Rosiek, resident                                 Dennis Rubeck, Planning Board Member   

Joseph Gardyjan, Planning Board Chair               Ed Dion, resident

Debra A. Ritz, Town Judge                                Charles Arrigo, resident                        

Kirk Ritz, resident                                           Jennifer Czyz, resident

David Berns, resident                                          Melanie Larson, The Sun

Joseph Giambrone, Highway Superintendent        Diane Czyz, resident

Charles Arrigo, resident                                    Alice Escott, Town Crier

Gina DeMaria, Deputy Clerk                              George Cordia, Village Trustee

Joseph DeCarlo, Assessor                                 Bill Wesp, Deputy Hwy. Super.               

Lee & Jean Brunelli, resident                             Fred Ball Jr. CEO/ Build. Inspec.

Dave & Chris Gierlinger, Property owners            Howard Stitz, Resident

Donna Marien, resident                                    Ellsworth Nolan, Village DPW

Timothy Kobel, resident                                   Clark Borngraber, ZBA Chair.

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.

On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: EXECUTIVE SESSION TO DISCUSS CONTRACTS & PERSONNEL ISSUES.   

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: EXECUTIVE SESSION CLOSED AT 7:55 PM

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: THAT THE DECEMBER 2005 TOWN BOARD MINUTES ARE APPROVED

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: THAT THE SUPERVISORS NOVEMBER 2005 FINANCIAL REPORT BE ACCEPTED

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

 ADOPTED: THAT THE TOWN CLERKS DECEMBER FINANCIAL RECONCILIATION REPORT BE ACCEPTED

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

 ADOPTED: THAT THE JUSTICE CLERKS DECEMBER FINANCIAL RECONCILIATION REPORT BE ACCEPTED

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: THAT THE NOVEMBER & DECEMBER CODE ENFORCEMENT OFFICER’S REPORT BE ACCEPTED AS READ BY FRED BALL JR.

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: THAT THE DECEMBER DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ BY LIAISON COUNCILMAN ARRIGO.

On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following motion was:

Ayes 5         

Nays 0         

ADOPTED:  THAT THE DECEMBER POLICE CHIEF’S REPORT BE ACCEPTED AS READ BY LIAISON SUPERVISOR PERO

Clerks Report reviewed

Thea Ells read a letter of protest addressed to Chief Justice Roberts of the Supreme Court of the United States, which states “I am writing this letter as a form of protest against the recent ruling by the 9^th Circuit Court of Appeals declaring the Pledge of Allegiance unconstitutional because it contains the words “under God”….. We want the Pledge to remain as it has been, “Under God”. The Clerk stated that she would place it outside her window for residents to sign and that she was willing to mail them in also. 

On a motion from Councilman Arrigo, seconded by Supervisor Pero, the following motion was:

Ayes 5         

Nays 0         

 ADOPTED: TOWN CLERK APPROVED TO PLACE LETTER OF PROTEST AT WINDOW AGAINST REMOVING UNDER GOD IN PLEDGE ALLEGIANCE.

On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following motion was:

Ayes 5         

Nays 0         

 ADOPTED: THAT THE DECEMBER TOWN CLERKS REPORT BE ACCEPTED

DUE TO THE HOLIDAY SCHEDULE THE PLANNING BOARD DID NOT CONDUCT THEIR MONTHLY MEETING IN DECEMBER.

Clerks note: All Department Reports are attached in Minute Book; Financial reports are filed in respective offices.

WATER DISTRICT:

 Supervisor Pero attended a meeting in Eden, they are waiting to hear from Gowanda Correctional Facility as to how much they will finance. The project is now estimated to cost $30 Million and they are hoping to get $10 million from Gowanda.  Later in the agenda there is a resolution to support Eden as lead agent for a $100,000.00 grant for defraying cost of administrative expenses for the South Town. 

BRANT REVITALIZATION COMMITTEE:

Nothing new to report

Supervisor Pero opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns.

Resident Kirk Ritz questioned the Board as to when they met and why they made decisions on the wage freeze for town employees. Supervisor Pero acknowledged the questions and answered that Arrigo and Pero met with the new members of the Board before they were sworn in and discussed the budget and because of the mismanagement of the prior administration they needed to put a cap on spending. Ritz stated that the decisions should have been made at open meetings with input from the people directly affected. Chiavetta answered that the meetings were within the legal boundaries, and Turner stated that they did not understand how the budget with its expenditures could support a 3.5% wage increase and that maybe next year the raises might be more than 3.5%. Village Trustee George Cordia questioned the board on the dollar amount the recreation director was to receive versus the amount the police officers are paid and asked if they were going to look at all positions and the dollar compensation. The Board responded that they will be looking at all positions and their pay and more while going over the next budget. Cordia questioned if the supervisors secretary pay was decreased, Pero responded that yes it was.  Martin Rosiek spoke that he took offense as an ex-councilman of some of their statements. addressed Arrigo and Pero that they could have questioned more on the budget and voted against it. Rosiek reminded the Board that they need to look at all salaries including the part time summer help who are going to receive a large increase due to minimum wage increases.  Rosiek questioned that the whole board and other officials were going to New York, Pero answered that they are all new people and the need to be educated for their positions. 

Resident, Tim Kobel informed the Board members of a fence problem he has been having with the establishment next to him since 2004, he had pictures and also asked if there were any permits issued for renovations on the same neighbor’s house, and or any special use permits for the business. The Board assured Kobel that the Code Enforcement Officer would look into it.

THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED.

NEW BUSINESS:

Item 1) Resolution re: Support South Towns Community Enhancement Coalition “Phase Two”

On a motion from Supervisor Pero, seconded by Councilman Arrigo, the following Resolution 011006-#1 was ADOPTED with a roll call vote of the following members present:

Supervisor Pero                  Voting     Aye

Councilman Arrigo               Voting     Aye

Councilman Gier                  Voting     Aye

Councilwoman Turner          Voting     Aye

Councilman Chiavetta         Voting     Aye

WHEREAS, the Town Board of the Town of Brant fully supports initiatives to enhance area-wide environmental protection, economic prosperity and community well being; and

WHEREAS, the communities in Southwestern Erie County realize the need to create a plan to promote the various resources and assets in the area; and

WHEREAS, the Towns of Brant, Evans, Eden and North Collins as well as the Villages of Angola, North Collins and Farnham have expressed a willingness to promote tourism to enhance the environment, economic prosperity and community well being of these municipalities; and

WHEREAS, the seven communities are in the process of completing an inventory of their collective assets for tourism development; and

WHEREAS, it is necessary to develop a tourism strategy to promote tourism assets, economic prosperity and sustainable community growth,

NOW, BE IT RESOLVED: that Leonard K. Pero, Supervisor of The Town of Brant is hereby authorized and directed to support an application filed by The Town of Evans on our behalf to the 2005-06 New York State Quality Communities Program to obtain financial assistance to develop ''Phase two'' of our tourism Development Plan - a plan and implementation strategy which will enhance the environment, economic prosperity and community well being of the Town of Brant as well as the coalition communities and upon approval of said grant request, will enter into an agreement with New York State as well as the collaborating communities to develop said plans for identifying and promoting assets of our region; and

BE IT FURTHER RESOLVED: That this Town Board endorses the commitment of the communities identified in this resolution to continue to meet on a regular basis for the purpose of discussing other ways that we can work together for the betterment of our shared region.

AND BE IT FURTHER RESOLVED, that the Town Board directs the Town Clerk to send a certified copy of this resolution to the Town of Evans.

Item 2) South towns Community Shared Incentive Grant Program

On a motion from Supervisor Pero, seconded by Councilwoman Turner, the following Resolution 011006-#2 was ADOPTED with a roll call vote of the following members present:

Supervisor Pero                           Voting     Aye

Councilwoman Turner                   Voting     Aye

Councilman Arrigo                        Voting     Aye

Councilman Gier                         Voting     Aye

Councilman Chiavetta                   Voting     Aye

WHEREAS, the Town Board of the Town of Brant fully supports inter-municipal initiatives to enhance area-wide environmental protection, economic prosperity and community well being; and

WHEREAS, the communities in Southwestern Erie County realize the need to create a plan to promote the various resources and assets in the area; and

WHEREAS, the Towns of Brant, Evans, Eden and North Collins as well as the villages of Angola, North Collins and Farnham have come together to form the South towns Community Enhancement Coalition; and

WHEREAS, the seven communities have expressed a willingness to promote tourism to enhance the environment, economic prosperity and community well being of these municipalities; and

WHEREAS, the South towns Community Enhancement Coalition is in the process of completing a South towns Tourism Development Plan, which includes a inventory of their collective assets for tourism development and a tourism strategy to promote tourism assets, economic prosperity and sustainable community growth; and

WHEREAS, the seven communities have reached a critical juncture in this project and

desire to formalize their relationship by incorporation and application to the IRS for tax

Exemption status under section 501C-3; and

WHEREAS, incorporation and registration as not-for-profit entity will allow the South towns Community Enhancement Coalition to advance inter-municipal, public, Private and not-for-profit partnerships, which will support the implementation of the South towns Tourism Development plan;

NOW, BE IT RESOLVED: that Robert R. Catalino II, Supervisor of the Town of Evans is hereby authorized and directed to support an application filed by the Town of Evans on our behalf to the 2005-06 New York State Department of State – Shared Municipal service Incentive Grant Program to obtain financial assistance not to exceed $30,000 (local Cash match of $3,000), to develop the South towns Community Enhancement Coalition Incorporation- an organization responsible for planning and implementation of strategies which will enhance the environment, economic prosperity and community well being of the Town of Evans and upon the approval of said grant request, will enter into an agreement with New York State as well as the collaborating

communities to begin the process of incorporating the South towns Community Enhancement Coalition; and

AND BE IT FURTHER RESOLVED that this Town Board endorses the commitment of the communities identified in this resolution to continue to meet on a regular basis for the purpose of discussing other ways that we can work together for the betterment of our shared region.

Item 3) Resolution of support asking Eden act as lead agent SMSI grant

On a motion from Councilman Gier, seconded by Councilman Arrigo, the following Resolution 011006-#3 was ADOPTED with a roll call vote of the following members present:

Councilman Gier                Voting     Aye

Councilman Arrigo              Voting     Aye

Supervisor Pero                 Voting     Aye

Councilwoman Turner           Voting     Aye

Councilman Chiavetta         Voting     Aye

WHEREAS, That the Brant Town Board is in support of the Town of Eden submitting a grant application to the Shared Municipal Services Incentive Grant Program on behalf of the Town of Brant and municipalities which are a part of the Southwest Erie County Regional Water Project .

WHEREAS, The proceeds of the grant will be used to cover the preliminary expenses related to the overall larger project known as the Southwest Erie County Regional Water Project, which will bring water supplied by the Erie County Water Authority to municipalities in Southwest Erie County.

NOW, BE IT RESOLVED: that Leonard K. Pero, Supervisor of the Town of Brant is hereby authorized and directed to support an application filed by the Town of Eden on our behalf to the 2005-06 New York State Department of State- Shared Municipal Service Incentive Grant Program.

Item 4) Give Supervisor Pero authority to contract an external payroll processor

Discussion as there was no motion from the Board: Pero reported that as there may come a time when the bookkeeper is unavailable and during transitions that with an outside agency there would be no interruption with the payroll. Pero stated there were to companies ADP, and Computer Search and the price would be for two payrolls a month- $81.00, Arrigo added that the bookkeepers’ salary was lowered. Gier requested to table till the work session.

 On a motion from Councilman Arrigo and seconded by Councilman Gier the following motion was Adopted To Table:

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

TABLED: GIVE SUPERVISOR PERO AUTHORITY TO CONTRACT AN EXTERNAL PAYROLL PROCESSOR

ITEM 5) Police committee & advertise for Chief Falk’s replacement (set date-meeting)

Supervisor Pero stated that the Committee for the Police Department is the five members of the Board and they need to meet as Chief Falk is retiring at the end of the month. After discussion they will meet to discuss and review applications already received and look at alternatives for the department.  

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

Adopted : TOWN BOARD TO MEET IN OPEN MEETINGS ON THURSDAY JANUARY 12, AND THURSDAY JANUARY 19, AT 7:00 PM EACH AND EACH TO BE ADVERTISED AT TOWN HALL AND BRANT POST OFFICE (IT WILL ALSO BE MENTIONED IN THE TOWN CRIERS REPORT OF THIS MEETING) TO DISCUSS THE POLICE DEPARTMENT

Item6) Committee (Gier, Arrigo) TO CREATE EMPLOYEE HANDBOOK

Supervisor Pero asked committee to work on the handbook

Item 7) Set committee to review & update codebook

Supervisor Pero named the following as the CODE BOOK COMMITTEE: PERO, GIER, GARDYJAN

Item 8) Review Town Park rental rules

Supervisor Pero read the following:

9)   Angola Library Donation

Supervisor Pero reported that they need financial help and have received funding from Angola, Evans, and Farnham. Councilman Gier reminded the Board that need to consider that Brant has other borders and some of the residents frequent North Collins, as such, a donation to one organization would be in order for the other as well. A donation of $500.00 to Angola should be matched to North Collins, and as the Board is dealing with a tight budget the motion to table would be appropriate: 

On a motion from Councilman Arrigo and seconded by Councilman Gier the following motion was 

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

Adopted: TO TABLE DONATION TO LIBRARY

10) Property maintenance law draft

Supervisor Pero reported that a draft was given to Attorney Trask and he will report at the next meeting.

11) Wind energy recommendations from planning board

Supervisor Pero stated that a copy was forwarded to Attorney Trask from the planning Board for his recommendation.

12) Request 4 way stop at Mile Block & 249

Councilman Arrigo reported that many residents have complained about the blind grade at the intersection of Mile Block Road and Route 249 in the Town of Brant.  This area with two local cemeteries at this intersection is frequented by many of Brants’ elderly and the elderly of the surrounding communities including North Collins, Cattaraugus Reservation, Irving, Lawton’s, and Eden. The need to pull out from Mile Block into the intersection to see the oncoming traffic is regarded highly hazardous by our Police Department, Fire Departments, and Town Board and by our citizens.

On a motion from Councilman Tuner and seconded by Councilman Gier the following motion was 

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: COUNCILMAN ARRIGO TO DRAFT A LETTER TO ERIE COUNTY DOT, NEW YORK STATE DOT, AND SENATOR DALE VOLKER AND ASSEMBLYMAN JACK QUINN ASKING FOR A STUDY AND A SOLUTION TO THE BLIND GRADE AT THE INTERSECTION OF MILE BLOCK ROAD AND ROUTE 249.    

13) Request flashing caution light or sign on Versailles Plank Rd.

Supervisor Pero reported that the Town has repeatedly, without results, asked for a reduction of the speed limit on all of Versailles Plank Road which is a Town road running west of 249 and a County Road running east from 249 intersection with special regard to the area going North East from Route 249 which leads to an intersection on Cain Road.  This area is riddled with accidents and vehicles which slide off the road. Even with continued enforcement of a 55 MPH from the Town Police and County Sheriff’s the amount of accidents and personal injury occurrences has not lessened in this area. The Board has had repeated requests from our citizens, Lake Shore Central Schools, North Collins Schools, local and county Police, Emergency response departments, and Highway departments to find some solution to this area to make it safer and less hazardous to those traveling the road and to those who reside in the area. It was noted also that the intersection of Cain and Versailles Plank Road has had a four way stop added, and has a speed reduction to 45 mph and as soon as you cross over into Evans, which has reportedly helped with the amount of accidents at that intersection. The Town acknowledges and appreciates that a three way stop sign which was placed under the direction of New York State Dot after repeated requests from the Town and with special requests from the local schools transportation departments, at Versailles and 249, which is a section of the road that turns into Route 249 and is owned by New York State at the southwest intersection. These stop signs do help to reduce accidents because of a blind grade at this intersection but does not seem to deter the speed by travelers going both east and west. The Town Board of Town of Brant is requesting that the County of Erie perform a study of the area aforementioned and to kindly let the Town know of their course of action to alleviate the hazardous conditions to our residents. 

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

Adopted : TO SEND REQUEST TO ERIE COUNTY DOT ASKING FOR A STUDY AND SOLUTION FOR THE HILL AREA  ON VERSAILLES PLANK RD IN THE TOWN OF BRANT RUNNING EAST FROM ROUTE 249.

14) Ask for NYS Dep. of Audit & Control for Town Wide audit

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

Adopted:  SUPERVISOR PERO TO REQUEST A TOWN WIDE AUDIT FROM THE NEW YORK STATE DEPARTMENT OF AUDIT AND CONTROL, HE WILL SEND A LETTER OF REQUEST.

15)  Ask for examination of condition of windows at the community/senior bldg.

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

Adopted: JOE GIAMBRONE TO EXAMINE AND REPORT ON THE CONDITION OF WINDOWS AT THE COMMUNITY/SENIOR BLDG., AND POSSIBLE SOLUTION I.E. REPLACEMENT /REPAIR.

OLD BUSINESS

1. Assistant Assessor

On a motion from Councilman Gier and seconded by Councilman Turner the following motion was 

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: TO APPOINT RON KOBEL AS ASSISTANT TO THE SOLE ASSESSOR FOR A ONE YEAR TERM WITH THE ASSESSOR KEEPING A LOG OF HOURS WORKED AND DUTIES PERFORMED BY KOBEL AND AT ANNUAL CAP SALARY OF $4750.00 PER BOARD FREEZE

2)Dog Control Officer

Councilman Arrigo stated that he had good reports from Chief Falk and Clerk Thea Ells as to the performance of Carl Militello as Dog C. O. 

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

Ayes 2          Arrigo, Chiavetta

Nays 3          Pero, Gier, Turner,

DEFEATED: TO APPOINT CARL MILITELLO DCO

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

Ayes 3          Pero, Gier, Turner

Nays 2          Arrigo, Chiavetta

ADOPTED: TO APPOINT DONNA MARIEN BRANT DOG CONTROL OFFICER

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

Ayes 3          Pero, Gier, Turner

Nays 2          Arrigo, Chiavetta

REVISED ADOPTED: TO APPOINT DONNA MARIEN BRANT DOG CONTROL OFFICER WITH AN ANNUAL CAP SALARY OF $4500.00 PER BOARD WAGE FREEZE

3) Code Officer Appointment

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

Ayes 2          Gier, Chiavetta

Nays 3          Arrigo, Pero, Turner

DEFEATED: TO APPOINT FRED BALL JR. BRANT CODE ENFORCEMENT/BUILDING INSPECTOR FOR SIX MONTH PROBATIONARY PERIOD UNDER THE DIRECT SUPERVISION OF SUPERVISOR PERO WITH AN ANNUAL CAP SALARY OF $6,500.00 PER BOARD FREEZE

Supervisor Pero stated that they would table this appointment and review at the end of the meeting.

MISCELLANEOUS INFORMATION

1. Board recommendations on attending Association of Towns Meeting

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: RESOLVED THAT IT IS DESIRABLE TO ATTEND THE ASSOCIATION OF TOWN’S MEETING IN NEW YORK FOR TRAINING PURPOSES THAT THE TOWN ATTORNEY WILLIAM TRASK SR. MAY ATTEND THE ASSOCIATION OF TOWNS MEETING AND THAT THIS OFFICIAL ATTENDING WILL BE ALLOWED A MAXIMUM OF $1,000.00 FOR ALL EXPENSE INCURRED. REIMBURSED EXPENSE WILL INCLUDE; REGISTRATION, TRAVEL, ROOM AND MEALS ONLY, EVERYTHING ELSE IS THE RESPONSIBILITY OF THE ATTENDEE.

Supervisor Pero first asked for a motion to send Trask and rescind sending Ball: the board asked that the motions be done separately but only one motion was done.

2. South towns’ regional water meeting

Supervisor Pero reported that the meeting scheduled for the 19^th will be changed.

CORRESPONDENCE

1) U.S. Dept. of Labor

The town received notification from NYS Dept. of Labor survey of occupational injuries, etc., Joe Giambrone will complete as needed throughout the year

2) Community block grant committee

The review was completed and neither Brant nor Farnham were chosen to receive funding for their projects submitted in 2005. 

3)  (ISO) Insurance Service Office

The Town of Brant rating has changed in our favor: rating is 5 previously a 6.

4)  Erie County Dept. of Senior Services

Continental Breakfast February 1^st, need to RSVP by January 26^th, given to Lee Brunelli.

5) NY State Municipal Workers Comp. Alliance

Contact sheet on file and videos available 

7) Assoc. of Erie County Gov. meeting Jan. 26^th

At Michael’s in Hamburg: contact Supervisor Pero

8) Assoc. of Towns 2006 Legislative Program & Resolutions

Two delegates appointed for the New York meeting will review the legislation and resolutions.

9) Office of Real Property Service

Congratulations received from ORPS for the Towns fourth year of 100% assessment and a check for $6,770.00 which represents $5.00 a parcel.

10) Assemblyman Jack Quinn’s Office

Announcing our receipt of $2,551.00 in grants for our courts

11) Report & check received from County of Erie Sales Tax

Our quarterly sales tax share at $76,000.00. received

12) Joe “Pat” Murphy Wide Beach

Forwarded to Code Officer

13) Justice Debra Ritz letter

Forwarded to the Court Liaison – Councilwoman Turner

14) E-Mail from South Towns Community Enhancement Coalition

Schedule a public information meeting 5:30 to 7:30 PM for phase 1 on February 1^st at the Eden Town Hall and at the Evans Town Hall February 3^rd from 10am to 12 noon.  

Attorney William Trask spoke on the following resolution:

On a motion from Supervisor Pero, seconded by Councilman Arrigo, the following Resolution 011006-#4 was adopted with a roll call vote of the following members present:

5 AYES- 0 NAYS

Supervisor Pero                           Voting     Aye

 Councilman Arrigo                       Voting     Aye

Councilman Gier                                          Voting     Aye

Councilwoman Turner                    Voting     Aye

Councilman Chiavetta                  Voting     Aye

WHEREAS, in response to the documented problem of high rates of recidivism among certain types of sex offenders, the New York State “Sex Offender Registration Act”, commonly known as “Megan’s Law”, was enacted and originally went into effect on January 21, 1996, and

WHEREAS, Megan’s Law currently provides for convicted sex offenders to meet certain registration requirements with state officials, including updates of their residence addresses, thus providing valuable information for parents and law enforcement officials, and

WHEREAS, the registration of some Level 1 and Level 2 sex offenders will expire on January 21, 2006 without immediate action by the New York State Legislature and Governor Pataki, and

WHEREAS, some communities have begun enacting local laws and ordinances which attempt to restrict the residency and employment of sex offenders near areas frequented by children, and

WHEREAS, the enforcement of these local enactments is problematic due to existing limits on information available under Megan’s Law, and

WHEREAS, the restrictions enacted by these communities vary widely in their scope and effect and may be vulnerable to legal challenge because of Megan’s Law and proposed legislation pending in the State Legislature which would adopt similar restrictions statewide.

NOW, THEREFORE, IT IS

RESOLVED, that the Town Board of the Town of Brant does hereby declare its support for immediate enactment of legislation which would extent the current registration of all sex offenders, and it is further

RESOLVED, that the Town Board of the Town of Brant does hereby urge the State Legislature and Governor Pataki to promptly enact and sign into law uniform, statewide restrictions on the residency and employment of sex offenders near facilities and areas frequented by children, and it is further

RESOLVED, that copies of this Resolution be immediately sent to Senator Dale Volker, Assemblyman Jack Quinn and Governor George Pataki.

OPEN AGENDA

Resident Kirk Ritz questioned when the Board voted on the wage freeze. The Board answered that there was an item #8 on the Organizational meeting agenda which covered that.

Resident Martin Rosiek voiced his disappointment that the Town does not have a code enforcement officer at this time. Rosiek conveyed to the Board that he felt they missed an important issue this evening: passing a resolution congratulating Chief Wayne Falk on a successful retirement.   

Tim Kobel spoke stating that the problem he is having is more of a neighbor issue than a Code Enforcement issue, and that the Town just sent Fred Ball to training.

Chris Gierlinger spoke and questioned what actions have been taken concerning 108 Wide Beach; she wanted the Board to be aware that she thinks there is official documentation that is missing concerning the permit issued for 108 Wide Beach.

Judge Debra Ritz addressed the Board concerning an issue she has had for two years. She wrote to Pero and Arrigo, expecting a response prior to the Organizational Meeting where appointments are made and she stated they could have tabled appointments as with other situations. She has been in contact with liaison Turner but wanted to confer with the Board members. 

From the Town Clerks Report:

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: TO ESTABLISH A TAX PETTY CASH FUND FOR 2006 PROPERTY TAX COLLECTION IN THE AMOUNT OF $200.00 TO BE CLOSED AT THE END OF COLLECTION, AND THAT PROPERTY TAX OVERPAYMENTS OF .49 CENTS OR LESS BE TURNED OVER TO THE SUPERVISOR, AT THE CLOSE OF COLLECTION.

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED:  ORGANIZATIONAL ITEM # 3 WHICH INDICATED THE CRIER AND THE SUN AS LEGAL: CORRECTION: LEGAL NEWSPAPER FOR THE TOWN OF BRANT IS THE TOWN CRIER WITH THE SUN AND THE DUNKIRK OBSERVER AS ALTERNATES TO BE USED WHEN NEEDED BY  DIRECTION OF THE BRANT TOWN BOARD.

On a motion from Councilman Arrigo and seconded by Councilman Gier the following motion was 

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0         

ADOPTED: TO ACCEPT THE BUDGET MODIFICATIONS AS RECOMMENDED BY ACCOUNTANT DICK GRYSKA AND READ BY SUPERVIOSR PERO AS OF NOVEMBER 2005 AND ATTACHED IN THE MINUTE BOOK 

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

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0

ADOPTED: TO APPROVE THE JANUARY ABSTRACT AS SHOWN FOR PAYMENT:  

ABSTRACT 13 FOR THE YEAR 2005 AND ABSTRACT 1 FOR 2006

Abstract 13 of 2005

Abstract 1 of 2006

On a motion from Councilman Chiavetta, and seconded by Councilman Turner the following was

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0            

ADOPTED: FOR THE TOWN BOARD MEMBERS TO RETIRE TO EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUES.

On a motion from Councilman Gier, and seconded by Councilman Chiavetta the following was

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0            

ADOPTED: EXECUTIVE SESSION OF THE BOARD CLOSED AT 9:50 PM

On a motion from Councilman Gier, and seconded by Councilman Chiavetta the following was

Ayes 5          Pero, Arrigo, Gier, Turner, Chiavetta

Nays 0            

ADOPTED: MOTION TO RESCIND THE ACTION OF THE APPOINTMENT EARLIER IN THE MEETING OF FRED BALL JR. /CODE ENFORCEMENT OFFICER

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

On a roll call vote: 3 aye 2 nay

Supervisor Leonard K. Pero            Voting     Aye

 Councilman Gier                          Voting     Aye

Councilman Arrigo                                      Voting     Nay

Councilman Turner                       Voting     Nay

Councilman Chiavetta                  Voting     Aye

ADOPTED: TO APPOINT FRED BALL JR. BRANT CODE ENFORCEMENT/BUILDING INSPECTOR FOR SIX MONTH PROBATIONARY PERIOD UNDER THE DIRECT SUPERVISION OF SUPERVISOR PERO WITH AN ANNUAL CAP SALARY OF $6,500.00 PER BOARD FREEZE

On a motion from Councilman Gier, seconded by Supervisor Pero the following was Proclaimed Ayes 5:  Pero, Arrigo, Gier, Turner, and Chiavetta

Nays 0:

WHEREAS, ON BEHALF OF THE TOWN BOARD WE WOULD LIKE TO RECOGNIZE THE RETIREMENT OF CHIEF OF BRANT POLICE DEPARTMENT, WAYNE FALK

WHEREAS, FOR ALL HIS YEARS OF SERVICE

NOW, THEREFORE BE IT RESOLVED, FOR THE CITIZENS AND THE PEOPLE OF THE TOWN OF BRANT

THEREFORE BE IT RESOLVED, HE WILL BE SORELY MISSED.

Full text follows that was presented by Supervisor Pero to Chief Wayne Falk at his retirement party on January 14, 2006.

WHEREAS, the 1976 Brant Town Board recognized the determination, enthusiasm and skills of Wayne Falk and hired him as a Town of Brant Patrolman

WHEREAS, the 1984 Brant Town Board recognized his amenable dedication, understanding, knowledge and his accountability to the Town of Brant and then rewarded him with the Title of Police Chief of the Town of Brant in which Wayne worked very hard to achieve.

WHEREAS, the citizens of the Town of Brant recognize your leadership, loyalty, dedicated service and love of our Town.

WHEREAS, The Town Board and the citizens of the Town of Brant realize the importance of a man that has given 30 years of his life for their well being.

WHEREAS, The Brant Town Board has realized the importance of a truly dedicated civil servant,

that not only has worked hard to please the community, but also put his life on the line to serve and protect his fellow neighbors and town residents.

WHEREAS, On behalf of the entire town, this Town Board would like to recognize the retirement of Chief Wayne Falk from the Town of Brant Police Department effective January 31, 2006.

Furthermore, The community, Town Board and workers of the Town of Brant will sorely miss you and will Forever Thank You for all the devoted years of service that you have unselfishly given to Protect & Serve the residents of the Town of Brant

THEREFORE, SO BE IT PROCLAIMED, By order of the Brant Town Board

That on Saturday, February 18, 2006 that it be recognized in the town of Brant as:

Chief Wayne Falk Day.

All town residents will honor this day for your dedication to our community

On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was

Ayes 5          Chiavetta, Rosiek, Czyz, Arrigo, Pero

Nays 0            

ADOPTED: TO ADJOURN THE JANUARY 10, 2006 MEETING AT 10:15 PM

Respectfully submitted,

Thea A. Ells

Brant Town Clerk

APPROVED BY:

SUPERVISOR PERO: ___________________________________

COUNCILMAN ARRIGO:                                                                            _____

COUNCILMAN GIER:             _________________________________                                                              

COUNCILWOMAN TURNER:     ___________________________________

COUNCILMAN CHIAVETTA:                                                                   __________