Minutes of the regular meeting of the Brant Town Board at 8:00 PM and bid opening for 2001 Ford Crown Victoria (As Is) Police Car at 8:15 pm, at the Brant Town Hall, held May 10, 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: Thea Ells Town Clerk

Deputy Clerk Gina DeMaria

Absent:

Also present were:                                                                                    

Joseph Giambrone, Highway Super            Joseph Gardyjan, Planning Board Chairman

Alice Escott, Town Crier                          Dr. Janet Schumer           

Thomas Bowman Jr., Pro Shop                 Melanie Larson, The Sun

Lee Brunelli, resident                                                                   

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 Rosiek to accept the minutes of the Town Board meeting of April 14, 2005 as submitted by the Town Clerk. 5 ayes

 MOTION CARRIED: APRIL 2005 MINUTES APPROVED

           A motion was made by Councilman Rosiek seconded by Councilman Czyz to accept the Supervisors Financial Report for the month of February with correction and March as submitted. 5 ayes

 MOTION CARRIED: SUPERVISORS MARCH FINANCIAL REPORT ACCEPTED

A motion was made by Supervisor Chiavetta and seconded by Councilman Arrigo to accept the Town Clerk’s & Tax Collection Accounts Financial Reconciliation Report for April 2005. 5 ayes

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

A motion was made by Councilman Czyz and seconded by Councilman Pero to accept the Justice Clerks Financial Reconciliation Report for April 2005. 5 ayes

MOTION CARRIED: JUSTICE CLERKS APRIL FINANCIAL RECONCILIATION REPORT ACCEPTED

A motion was made by Supervisor Chiavetta and seconded by Councilman Pero to accept the April Code Enforcement Officer’s report as read by Supervisor Chiavetta. 5 ayes   

MOTION CARRIED: CODE ENFORCEMENT OFFICER’S APRIL REPORT APPROVED

 A motion was made by Councilman Rosiek to accept the Dog Control Officer’s report as submitted for the months of March and April, seconded by Councilman Pero. 5 ayes

MOTION CARRIED: DOG CONTROL OFFICER’S MARCH & APRIL REPORTS ACCEPTED

A motion was made by Councilman Rosiek, seconded by Supervisor Chiavetta to accept the Police Chiefs report as submitted for the months of March & April.  5 ayes

MOTION CARRIED: POLICE CHIEF’S MARCH & APRIL REPORTS ACCEPTED

            Town Clerks Report:

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

Adopted: 5 AYES 0 NAY

Ayes 5          Chiavetta, Rosiek, Czyz, Arrigo Pero

Nays 0         

RESOLVED THAT THE TOWN CLERK HAS PERMISSION TO SIGN A CONTRACT FOR HOSTING THE WEBSITE

• Memorial Day Service is set for Brant’s Service at 9:30 AM at Memorial Park and a service at Farnham Hall at 11:00 AM on Monday May 30^th.  Thea will advertise jointly with the Village of Farnham, in the Penny Saver and Town Crier.

• 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 TO ADVERTISE FOR REQUEST FOR PROPOSALS FOR THE TOWN PARK TENNIS AND BASKETBALL COURTS TO BE OPENED JUNE 14^TH AT 8:15 PM

Planning Board Report

• There was discussion about the recommendations of the planning board in regards to windmill locations, and some requests and/or mandatory requirements.  Councilman Rosiek suggested that Attorney John Grennell review the materials and set up for a public hearing.  Supervisor Chiavetta asked that the telecommunications committee (Czyz & Rosiek) meet with the planning board and go over the recommendations and present them at the next board meeting.

A motion was made by Supervisor Chiavetta seconded by Councilman Rosiek to accept the Planning Board report for April as submitted. 5 ayes

MOTION CARRIED: PLANNING BOARD APRIL REPORT ACCEPTED

Bid Opening for 2001 Ford Crown Victoria Used (AS IS) Brant Police Car:

Supervisor Chiavetta opened the three bids that were received by the Thea Ells, Town Clerk:

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

Adopted: 5 AYES

Ayes 5          Chiavetta, Rosiek, Czyz, Arrigo, Pero

Nays 0         

RESOLVED THAT THE CAR BE SOLD TO THE HIGHEST BIDDER (WESP) AND MAY TAKE POSSESSION AFTER THE CHECK CLEARS

Water District:

Supervisor Chiavetta reported that the DWSRF Application for the Southwest Erie County Regional Water Supply Project has been filed with the New York State Department of Health.  There is a meeting in a few weeks with the State facility at Collins for a progress update.

Brant Revitalization Committee:

Councilman Pero reported that he has spoken again with the Scouts Leader Bruce Packard and they are still interested in cleaning up the sidewalks.  The Town would only have to provide the materials for the scouts (shovels, brooms, and wheel barrows.  Also that the 7(seven) Communities involved in the Collaborative Quality Community Grant Application are meeting this Friday at the Four Corners Restaurant in Eden. at 8:30 AM and they are still waiting to hear about the grant application.

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

          Lee Brunelli inquired as to if the Town was going to pursue getting the school taxes collected in Brant again. Supervisor Chiavetta and the Board answered that yes the Clerk should send another letter of interest for the collection of school taxes in the Town of Brant, as a request from the residents and Board.

          Dr. Janet Schumer from Hamburg introduced herself to the Board and audience and announced her candidacy for the 12^th Legislative District in Erie County.  She is a Republican candidate and has lived in the area for 26 years. She plans to champion local jobs and local government over State and County jobs whenever possible.

NEW BUSINESS:

Supervisor Chiavetta referred to a letter of regret in regards to our application for funding the Town requested from New York State Office of Parks and Recreation Preservation.

On a motion from Councilman Pero, seconded by Councilman Czyz the following resolution was Adopted: 5 ayes - 0 nays

Councilman Leonard Pero                         Voting     Aye

Councilman Czyz                                   Voting     Aye

Councilman Martin Rosiek                        Voting     Aye

Councilman John Arrigo                           Voting     Aye

Supervisor Samuel J. Chiavetta, Jr             Voting     Aye                                                  

RESOLVED THAT THE FOLLOWING RESOLUTION BE ADOPTED:

WHEREAS, residents of the State of Florida were recently shocked and stunned by the death of Jessica Lunsford, a little girl allegedly murdered by an individual with a criminal record as a sex offender, and

          WHEREAS, as a result, the Florida House of Representatives is currently studying passage of a law to be known as the Jessica Lunsford Act, which would include the electronic monitoring of convicted sexual offenders; and

          WHEREAS, it is known that sexual offenders often are repeat offenders and, as a result, many states, including New York State, require convicted sex offenders to register with the local authorities in order to protect vulnerable members of society, but frequently, sexual offenders fail to register; and

          WHEREAS, mandatory electronic monitoring of convicted sexual offenders would allow the authorities to track such offenders even upon their failure to register; and

          WHEREAS, New York’s Sex Offender Registration Act, Article 6-c of the Corrections Law does not currently authorize the use of electronic monitoring of convicted sex offender;

          THEREFORE, BE IT RESOLVED THAT, this Board of the Town of Brant memorializes the Governor of the State of New York, the New York State Senate, and the New York State Assembly to adopt appropriate legislation to authorize the mandatory electronic monitoring of convicted sex offenders; and

          BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Honorable George Pataki, Governor of the State of New York, the Honorable Joseph Bruno, Majority Leader of the State Senate, Senator Mary Lou Rath, Honorable Sheldon Silver, Speaker of the New York State Assembly, and Assemblyman James Hayes.

          The Board acknowledged receipt of a letter form E&M Engineers recommending that the contract be awarded to Sahlems & Siding Inc. As the Board passed a motion to award the contract to the lowest bidder recommended by the engineer the work should begin as soon as possible.  

          Supervisor Chiavetta informed the Board members of a letter requesting the Towns Supervisor to sign a consent form to an assignment of BFNIA to its subsidiary Allied Waste Services of North America, LLC a Delaware limited liability company. The current management and operations of the various local operations will not be affected by this assignment, as the changes are in the nature of a name change in that the ultimate owner of BFNIA, AWSNA, and BFILLC remains AWI Parent.   

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

Adopted: 5 AYES

Ayes 5          Chiavetta, Rosiek, Czyz, Arrigo, Pero

Nays 0         

RESOLVED THAT THE SUPERVISOR BE AUTHORIZED TO SIGN CONSIGNMENT WITH BFI

          The Board acknowledged receipt of a letter from Erie County Dept. of Public Works informing the Town of a Road closing on Old Lake Shore Road.  The work is done and the road is opened according to Joseph Giambrone, Highway Superintendent.

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

Adopted: 5 AYES

Ayes 5          Chiavetta, Rosiek, Czyz, Arrigo, Pero

Nays 0         

RESOLVED THAT VINCENT FININZIO JR. BE APPOINTED AS RECREATION DIRECTOR

          The Board members discussed the Towns’ telecommunications and co-locating fee’s. There were three unidentified representatives of Blue Wireless at the meeting, they are interested in co-locating on one of the Towns’ towers but are unable at the cost of a site plan review ($5,000).  Councilman Pero questioned the fee for putting up an antenna on an existing tower without a concrete pad or building.  Supervisor Chiavetta stated that the committee should look into who is sharing the towers now.  The representatives from Blue Wireless, stated that the fee is too high, and that they would show members fees which were much lower in other towns. They did file a building permit for the co-location, and stated that a concrete pad was needed, but did not attend the planning board meeting. Supervisor Chiavetta asked that the Telecommunications Committee (Czyz, Rosiek) look into the fees and the above mentioned issues and report back to the Board.

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 BLUE WIRELESS BE REFUNDED THEIR $250.00 BUILDING PERMIT FEE IF THEY DECIDE NOT TO GO FORWARD WITH THE CO-LOCATION.

          Supervisor Chiavetta announced that the Association of Erie County Government monthly meeting is being held at the Red Mill Inn in Williamsville,  and will feature Tom George Executive Director of Niagara International Transportation and Technology, and Michael Mahaney from Erie County Libraries. 

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         

RESOLVED THAT MAY IS MOTORCYCLE AWARENESS AND SAFETY MONTH AND THAT SAFETY AWARENESS IS CRITICAL TO BOTH RIDERS AND OTHER POTENTIAL VICTIMS AND A PRIORITY IN TRAFFIC SAFETY.

          Supervisor Chiavetta reported that Senator Volker’s Office procured the balance of the funds needed to conduct EMS and Fire Classes at the training tower in Cheektowaga.

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

Adopted: 5 AYES

Ayes 5          Chiavetta, Rosiek, Czyz, Arrigo, Pero

Nays 0         

RESOLVED TO ADVERTISE FOR BIDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT STREETSCAPE PROJECT TO BE OPENED JUNE 12^TH, AT 8:30 PM.

          The Board agreed to meet at 6:30 for the next work session on May 24^th.  

          The Board discussed the repairs that would be possible on the various bridges from funding received.  The Nordblum Road bridge is set on wood piers for over 21 years.

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

Adopted: 5 AYES

Ayes 5          Chiavetta, Rosiek, Czyz, Arrigo, Pero

Nays 0         

RESOLVED TO APPROVE THE MAY ABSTRACT AS SHOWN FOR PAYMENT  

          ABSTRACT 5 for the year 2005

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

Adopted: 5 AYES

Ayes 5          Chiavetta, Rosiek, Czyz, Arrigo, Pero

Nays 0            

RESOLVED TO ADJOURN THE MAY MEETING IN MEMORY OF THE LATE HAROLD WASMUND FORMER COUNCILMAN, MAYOR, AND FIREMAN OF THE TOWN AND VILLAGE AT 8:50 P.M.

Respectfully submitted,

Thea A. Ells, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA: ___________________________________

COUNCILMAN ROSIEK:                                                                             __

COUNCILMAN CZYZ:             ___________________________________                                                                     

COUNCILMAN ARRIGO:     ____________________________________

COUNCILMAN PERO:                                                                   __________