On Tuesday, January 10, 2006, the new Brant Town Board met for their first regular meeting. All members were present. The first order of business for the Board was to go into executive session to discuss personnel and contractual issues. When they returned to open session, the meeting continued. “We are all here for the taxpayers and the residents of the Town of Brant. Nothing at this meeting should be taken personally. This is about a Town Board meeting and making decisions in the best interests of the Town, for its residents,” said Pero. The Code Officer’s Report for November stated that 3 permits were issued (1 for reroofing, siding and window replacement, 1 for an attached garage as per Supervisor Chiavetta and 1 for a storage shed); 9 inspections were conducted (1 for a wood burner in an accessory building, 1 for construction activity, 2 for storage sheds, 1 for a house addition and 4 inspections – 1 each foundation, site inspection for a garage, foundation and rough framing); 1 complaint was received and 1 – 3 day training session was attended. The December report stated that 3 permits were issued (1 for a sunroom and 2 for storage sheds); 5 inspections were conducted (3 final and 2 garage framing); 3 Certificates of Occupancy were issued. Both reports were accepted by the Board. The Dog Control Officer’s report stated that 2 dogs were picked up and kept until owner came for them; letters were sent out regarding expired licenses and one ticket was issued. The Town Clerk received a petition opposing the removal of the phrase “under God” from the Pledge of Allegiance. She asked for and received approval to post the petition at the Town clerk’s window in the Brant Town Hall so any interested residents may sign it. The Planning Board did not meet in December. The Water District update stated that they are waiting to hear from Gowanda Corrections facility to see how much of the proposed water project they will finance. The initial estimates went from $40 million to $30 million. It is hoped that Gowanda Corrections will finance $10 million. The Brant Revitalization Committee is setting up sub-committees. When the floor was opened to visitors, Kirk Ritz questioned when decisions about items on the Organizational Meeting agenda were made. It was explained that the agenda itself is the same one that is used year after year. The items are on it and the Board votes on them at the Organizational Meeting. Prior to the Organizational Meeting the newly elected, but not yet in office, members of the Board met to review items that were going on the agenda but no decisions were made prior to the Organizational Meeting. Mr. Ritz continued to question the agenda item that returned all Town employee pay to 2005 pay rates. He said that it was unfair that the people affected could not be heard and if the money had been budgeted for the raises why not let the employees have them. It was explained that the motion to freeze wages was voted on by the Board at the Organizational Meeting and was done because of mismanagement by the prior administration. Councilwoman Roseann Turner explained that with 3 new members on the Board, it was felt that it would be better to freeze the wages now, learn the budget process and see where the Town actually is. Then, next year, a raise of more than the usual 3% may be able to be given to the employees. “We don’t want to put the Town in the red.” Supervisor Leonard Pero said that $70,000 had not been budgeted in the 2005 or 2006 budget but had already been spent, mismanagement at the Supervisor’s office. An across the board wage freeze did not single anyone out but would allow time for the Board to find out the actual fiscal position of the Town. “We don’t want to be like Erie County.” Councilman John Arrigo stated that the 2006 Budget was never discussed by the previous Board. The meeting that was supposed to take place to discuss the Budget had been cancelled, the raises never discussed. The 2006 Budget was the budget of the previous Supervisor. George Cordia asked for an explanation of the discrepancy between a police officer’s salary and the Recreation Director’s salary (the Recreation Director is paid at a higher rate than a police officer). Supervisor Pero responded that the disparity was part of the previous administration’s budget and without time to study the budget, salaries will be left at the 2005 rate. Marty Rosiek reminded Pero and Arrigo that they had been part of the previous board and were also responsible for the 2006 Budget. Rosiek also questioned why travel to the Association of Towns meeting in NYC was not being limited in an effort to cut expenses. Pero stated that the meeting was a means of educating the Town officials to better serve the people of Brant. A resident came before the Board to ask for help with a Code Enforcement/Safety issue. The fence on the adjoining property is falling down and has been for years. He has had no help from the previous Code Enforcement Officer or the current one. The resident brought pictures to the Board to show them what he was dealing with. Councilman Arrigo asked Code Enforcement Officer Fred Ball to visit the site, refer any legal issues to Town Attorney Bill Trask and begin the process of rectifying the issue. The vote to re-appoint Carl Militello Dog Control Officer was defeated 3 votes to 2. Donna Marien was then appointed Dog Control Officer for a period of 1 year at an annual salary of $4500 per Board wage freeze 3 votes to 2 – Arrigo and Chiavetta were the nay votes. Appointment of the Code Enforcement Officer, for a 6 month probationary period under the direct supervision of Supervisor Pero at first was defeated. After an executive session held at the end of the meeting, Fred Ball was appointed Code Enforcement Officer by a vote of 3 to 2, Arrigo and Turner were the nay votes.

In other matters, the Board:

• Approved a resolution supporting the Town of Evans filing of a grant application for the South Towns Community Enhancement Coalition, Phase 2.

• Approved participation in the South Towns Coalition Shared Incentive Grant Program • Approved a resolution of support asking Eden to act as lead agent in the Shared Municipal Service Incentive (SMSI) grant to cover preliminary expenses for the Water Project.

• Tabled to the next work session the request of Supervisor Pero for authority to contract an external payroll processor.

• Set meetings of the Board to discuss what qualifications they would be looking for in the replacement for Chief of Police Wayne Falk upon his retirement. The meetings will be held on Thursday, January 12 and 19 at 7pm at the Town Hall. Notification will be posted in the Town Hall and Post Office as required.

• Approved the Town Park rental rules

• Tabled a donation to the Angola Library to be discussed at the work session. Though it is a great cause, the North Collins Library is in the same situation and used by Brant residents at the other end of Brant and a donation to North Collins Library must also be considered.

• Gave to Town Attorney the Property Maintenance Law draft and the Wind Energy recommendations from the Planning Board for his review

• Will request suggestions from NYS DOT to correct the blind area at Mileblock and Rt. 249

• Will request a flashing caution light and/or sign for the curved/hill section of Versailles Plank Rd.

• Approved a request to ask the NYS Department of Audit & Control for a Town wide audit.

• Asked Highway Superintendent Giambrone to examine the condition of the windows at the community/senior building

• Approved a resolution requesting the State Legislature and the Governor to immediately extend the registration requirement for Level 1 and Level 2 Sex Offenders (the 10 year anniversary of Meghan’s Law is January 21, 2006 at which time the registration requirement is lifted.)

• Approved a resolution asking the Legislature to take prompt action to draft state-wide, uniform residential and employment restrictions for Level 3 Sex Offenders (Level 3 is the most serious).

Approved sending Town Attroney Bill Trask to the NYS Association of Towns meeting with a limit on reimbursable expenses at $1000.

Prior to the end of the meeting, the floor was again open to the public for their thoughts and comments. Town Justice Debra Ritz told the Board that she was disappointed that no one had gotten back to her regarding a letter she had sent to them regarding a personnel issue that should have been addressed prior to the appointments at the Organizational meeting. The Board apologized and said that there had been a delay receiving the letters and they would call her to an executive session to discuss the matter.

Before closing the meeting, the Board congratulated Chief Wayne Falk on his years of service and will issue a Proclamation celebrating his service.

The Board will next meet in a Work Session on Thursday, Ferbuary 9 at 7:30pm and the next Regular meeting, Tuesday February 14, 2006 at 7:30pm.

     At the invitation of Farnham’s Mayor Terry Caber, Assemblyman Jack Quinn, Eric Paul from Senator Dale Volker’s office, Ken Swanekamp, Director of Business Assistance from Erie County Department of Environment and Planning, Christopher Pawenski, Coordinator, Industrial Assistance Program from Erie County Department of Environment and Planning and Ben Gerard and Jim Rawley from Malcolm Pirnie – Independent Environmental Engineers, Scientists and Consultants met in the Village Hall to discuss funding possibilities that will enable the Village to demolish the old Farnham Elementary School located at the corner of Routes 5 and 249. Built in 1947, the Farnham Elementary School was closed in 1976. In the early 1990s, the building was donated by the Hogg family to Southtowns Rural Preservation Co. (SRPC), the current owners of the building. After several failed attempts to acquire funding to transform the building into low cost housing units, SRPC attempted to find someone interested in purchasing the facility. Unfortunately, the building has sat, boarded up and, over time, has significantly deteriorated. The Village of Farnham recognized the vacant building was more than an eye sore. It is a health and safety hazard. Southtowns Rural Preservation Co. is not in a financial position to have the building demolished. As with many agencies, SRPC’s funds are limited and even the limited upkeep of the building and grounds is a financial drain. SRPC has agreed to transfer ownership of the property to the Village of Farnham if funding can be found to demolish the building and turn the property into a “shovel ready” parcel for development. To that end, a $10,000 grant was used to determine the viability of the building. It was determined that the deterioration is too extensive to make the building salvageable so the remainder of that funding should be used to begin the demolition process which includes an asbestos abatement cost estimate. The Malcolm Pirnie firm did the study and presented their findings to the Village of Farnham in November of 2005. The study found significant asbestos (in the walls, floor tiles, ceiling tiles), Environmental Hazards (hypodermic needles, mercury in light bulbs and thermostats, miscellaneous solvents, etc.), significant mold throughout the building and dangerous physical hazards such as the collapsing ceilings and roof, a very large bees nest and standing water in the basement usually to the depth of 3 to 4 feet. Cost estimates were prepared for demolition of the Farnham School under two scenarios. The first scenario includes asbestos abatement and removal prior to demolition, would take an estimated 12 weeks and cost approximately $483,000. The second scenario assumes the building is condemned, allowing the use of a variance which would allow demolition without first performing asbestos abatement. This scenario would take an estimated 6 weeks and cost approximately $445,000. The majority of the costs deal with the disposal of the asbestos. With the cost of demolition what it is, the Village of Farnham cannot foot the bill. Malcolm Pirnie found that there are possibly 3 New York State financial assistance programs available and 5 Federal programs. Mayor Caber invited Assemblyman Quinn and Senator Dale Volker’s representative to this meeting to review Malcolm Pirnie’s findings and discuss the various possibilities of State and Federal funding. Mayor Caber will also be meeting with Congressman Brian Higgins and Senators Schumer and Clinton. When asked why look for funding and demolition now, Mayor Caber answered that the drastic deterioration of the building has made it a serious health and safety hazard for the area. Even though the property is fenced, gated and boarded up, it is not a totally secure site. The property will never improve in condition until the building is razed. Mr. Eric Paul from Senator Volker’s office asked if there were any interested parties that might consider part of the demolition as a part of a larger project for the 3+ acre site. Unfortunately, that scenario becomes an “upside down deal” meaning it would cost more to demolish the building then someone would be able to anticipate as a timely return on an investment. With the location of the property on a major highway (Route 5) with near-by access to the Thruway, the location is seen as highly saleable once it is “shovel ready”. Unfortunately, funding sources are seeing fewer funds available and, as the nation ages, more communities are in situations similar to Farnham’s. No funding source is available strictly for the demolition of buildings. If there was a contaminated soil issue with the Farnham School property, it might be eligible for Brownfield cleanup. Fortunately, there is no soil contamination on the site – fortunate because of the groundwater that flows there, if contaminated would affect our drinking water. Both Assemblyman Quinn and Mr. Paul left the meeting promising to look into possible sources for funding the demolition. Mayor Caber told them that Erie County has agreed to provide some funding, though a definite amount was not promised. If all three entities, county, state and federal, are able to supply some funding, the demolition of the Farnham School will take place as soon as possible.