Minutes of the regular meeting of the Brant Town Board at 8:00 PM, at the Brant Town Hall, held July13, 2004, at, 1294 Brant-North Collins Rd, Brant, New York. There were present: Supervisor Samuel J. Chiavetta Councilman Martin Rosiek Councilman Eugene Czyz Councilman Leonard Pero Councilman John Arrigo Attorney John Grennell Recording Secretary: Thea Ells, Town Clerk Also present were: Joseph Gardyjan, Planning Board Chairman Thomas Bowman Jr., Pro Shop Joseph Giambrone, Highway Super. Gary Brecker, Building Inspector Lee Brunelli, resident George Cordia, Village Trustee Sherry Hughes, The Sun Jean Brunelli, resident Alice Escott, Town Crier Barbara Daniel, Deputy Clerk Charles Arrigo, resident Dennis Rubeck, Planning Board Member Ed Dion, resident Leah Mirusso, resident Dolly Dion, resident Tim Dodson, Brant Auto Parts Thomas Banzer, Brant Auto Parts Bill Henry, Zoning Board of Appeals Alt. William Easterling, resident Jennifer Hill, Pool Coordinator Kathryn Chiavetta, Recreation Director Diane Czyz, Supervisors Secretary Kirk Ritz, resident Karen Bellanti, resident Julie Muscato, resident The meeting was opened with a pledge to the flag led by Supervisor Chiavetta. Councilman Czyz made a motion; seconded by Councilman Rosiek to accept the minutes of the Town Board meeting of June 8, 2004 as submitted by the Town Clerk. MOTION CARRIED: JUNE 8 2004 MINUTES APPROVED A motion was made by Councilman Rosiek, seconded by Councilman Czyz to accept the Supervisors Financial report for the month of May as submitted. MOTION CARRIED: SUPERVISORS FINANCIAL REPORT MAY 2004 ACCEPTED A motion was made by Councilman Arrigo and seconded by Councilman Czyz to accept the Town Clerk?s (tax accounts included & clerks monthly report) Financial Report June 2004. MOTION CARRIED: TOWN CLERKS JUNE FINANCIAL RECONCILIATION REPORT ACCEPTED A motion was made by Councilman Rosiek and seconded by Councilman Arrigo to accept the Court Clerks Financial Reconciliation June Report 2004. MOTION CARRIED: COURT CLERKS JUNE FINANCIAL RECONCILIATION REPORT ACCEPTED Code Enforcement Officer Gary Brecker read from his June 2004 report. A motion was made by Councilman Czyz and seconded by Councilman Pero to accept the report. MOTION CARRIED: CODE ENFORCEMENT OFFICER?S JUNE REPORT ACCEPTED NO DOG CONTROL OFFICER?S REPORT FOR JUNE A motion was made by Supervisor Chiavetta, seconded by Councilman Arrigo to accept the Police Chiefs report as submitted for the month of June. MOTION CARRIED: POLICE CHIEF?S JUNE REPORT ACCEPTED Supervisor Chiavetta made a motion that on the recommendation of the Code Enforcement Officer, Gary Brecker, and the Planning Board, that a Public Hearing be set for the Application for a Junk Yard at 1132 Brant Farnham Rd., by Brant Auto Parts owned and operated by Banzer-Dodson, Inc. The Public Hearing will be held at 8:15 on August 10, 2004 at the Regular Town Board Meeting.. Councilman Pero seconded the motion. MOTION CARRIED: PUBLIC HEARING SET FOR THE APPLICATION FOR A JUNK YARD AT 1132 BRANT FARNHAM RD. Supervisor Chiavetta stated that they would go over the site plan for Brant Auto Parts at the Work Session on July 27, 2004 at 7 pm. There was discussion about the request at the Planning Board Meeting for a truck depot on Brant Farnham Road by Castle. There is a zoning issue and a problem with violations at this time. No permits have been filed. Joe Gardyjan requested the board to look into noise ordinance and our code at the next work session. A motion was made by Councilman Czyz to accept the Planning Board Report from the meeting of June 22, 2004, and seconded by Councilman Arrigo to accept the report. MOTION CARRIED: PLANNING BOARD?S JUNE REPORT ACCEPTED Supervisor Chiavetta reported on the Water District from a letter received from R& D Engineering stating that they are preparing a preliminary plan and anticipated user fees to the Consortium. They also have proposed water district boundaries and are fine tuning the regional water system concept. There should be a regional water system model from Wendell Duchscherer to test and evaluate the system hydraulics. They will notify all concerned as soon as they can present the regional plan. Councilman Pero stated that there will be a Brant Fest at the Brant Four Corners with many activities. Some advertising has been done in the local papers and a large article in the Town Crier is coming out this week. This was put together in a short amount of time but is coming together with the cooperation of many local vendors and craftsman. There will be a promotion for the Clock Tower on site also. Councilman Pero also stated that the Brant Farnham Economic Development Group will be having a meeting on Thursday July 22, 2004 at the Community Building. Supervisor Chiavetta made a report on the Brant Viability Study and that there is now a business planning handbook to review and the next meeting will be held September 13, 2004 in Brant. The study has been done with the goal of helping new businesses apply for funding and to guide them with business direction for the future. Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda. Ed Dion from the Senior Citizens stated that they do not use the refrigerator in the Community Building as there was reportedly food items left in it, and they were looking for a garbage can that they normally use in the building but couldn?t find at their last meeting. Also there was a complaint that there were crayon pieces and marbles on the floor. Supervisor Chiavetta stated that there would be a larger garbage can in the building and that items on the floor would be cleaned up. Mr. Dion also questioned his request to have the center line marked on Lotus Point Road, and Supervisor Chiavetta answered again that this was a County Road and therefore falls under their jurisdiction. Mr. Easterling had a compliant about a speed limit sign on Surfside Road. Joseph Giambrone stated that the County and State have jurisdiction over the Speed limit as we are a second class town. Mr. Cordia stated that they have a problem in the Village with off road vehicles and unlicensed two and four wheeled vehicles running the sidewalks and roads in the Village. Supervisor Chiavetta stated that they would inform Chief Falk and let him know about the violators. Mr. Cordia asked if there was any update on the Town expanding the Police Force, and keeping it local. The Board answered that they are considering enlarging the Police Force and would like to keep it local and that Chief Falk is looking into academies, dates, and funding. Karen Bellanti had some questions about which buildings were being used on a regular basis for recreation, and why. Jennifer Chiavetta stated that they have been using the Community Building for at least four years know, but this year it is the primary building as the space is better. Leah Mirusso asked the Board about the sidewalks and any plans to resurface them, especially on Brant Angola Road. Supervisor Chiavetta made a motion to approve the 2004 Recreation staff as follows: Kyle Hoffman, Leo Baurlein, Andrew Gier, Amanda Brunelli, Jessica Bantle, Aaron Renaldo, Kelly Fricano, Jason Renaldo, Peter Pero, and new will be Jennifer Ruth, Emma Grennell, Andrew Driscoll, and Junior Counselor Joe Inglut and subs Kelly Wurster(new), and Kelin Lipowicz. Lifeguards will be Jen Hill, Jessica Wasmund, Kim Bryant, Anna Bryant, Samantha Timm, and Jennifer Chiavetta. Councilman Rosiek seconded the motion. MOTION APPROVED: 2004 RECREATION STAFF APPROVED Kathryn Chiavetta presented an overview of the 2004 Recreation Program and the normal day in a campers life. She spoke on field trips, games, crafts, and other activities. There is a calendar available for anyone who wishes and a newsletter to keep everyone informed of activities and events during recreation. There was a short review of some of the pool rules also. There was some discussion and question time when there were some explanations of the regulations the Health Dept. has over the program, and how it effects our program. Supervisor Chiavetta read the following proclamation: WHEREAS, The Brant Revitalization Committee has organized a town wide garage, lawn sale and Brant Fest July 17, 2004 from 11am to 9pm and WHEREAS, much effort and resources have been extended in planning and developing this event and WHEREAS, the goal of the committee is to increase participation and make local citizens aware of what our community has to offer NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and SUPERVISOR wish to thank the Brant Revitalization Committee for their commitment to improve our community and be it, FURTHER RESOLVED, that local events such as this will result in increased participation and help make our community a better place to live and raise a family and be it, FURTHER RESOLVED that the participants in the Brant Fest 2004 shall celebrate their success today and enjoy your day. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Brant this 13th day of July, 2004. Supervisor Chiavetta announced that the Town of Brant is hosting a Concert in the Park made available through an Arts Council Grant and donations from local businesses which were acknowledged on the posters and will be announced at the concerts. The first concert is on Monday July 19, 2004 at the Brant Park at 7PM and will highlight The Dave Yuen Band and the second will be held on Monday, August 23 and will feature The Paul Zittle Band. Supervisor Chiavetta reported from a letter from Erie County Legislature with an update on current legislation on Farmland Protection, etc. that followed up a meeting that Supervisor and Councilman Pero attended on June 16, 2004. Councilman Rosiek made a motion that it be resolved that Samuel Chiavetta, Jr., as Supervisor of the Town of Brant is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation (in accordance with the Provision of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $15,000 with a Town match of $5000 cash, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town of Brant for Brant Town Park development Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. The motion was seconded by Councilman?s? Pero and Czyz and a Roll Call vote taken. The vote being: Councilman Martin Rosiek AYE Councilman Leonard Pero AYE Councilman Eugene P. Czyz Sr. AYE Councilman John Arrigo AYE Supervisor Samuel Chiavetta, Jr. AYE The vote being 5 Ayes and 0 Nays Resolution 071304-#1 RESOLUTION TO AUTHORIZE SUPERVISOR TO SIGN APPLICATION FOR FUNDS FOR PARKS ADOPTED. Councilman Arrigo made a motion to approve the sending of a letter to Evans Brant Central Schools to request, on behalf of residents of Brant, and to forward the petition signed by over 140 taxpayers at the Town Hall for School taxes to be collected by Brant?s tax collector/town clerk. Councilman Czyz seconded the motion. MOTION CARRIED: LETTER TO SCHOOL FOR TAX COLLECTION BY BRANT Councilman Czyz made a motion, seconded by Supervisor Chiavetta to pass a resolution to adopt the budget modifications presented and attached by the Town Accountant. MOTION CARRIED: BUDGET MODIFICATIONS APPROVED Resolution 071304-#2 Supervisor Chiavetta read from a letter from New York State Department of Transportation in response to the Town of Brant?s request for a reduction in speed on Versailles Plank Road. According to the State they see no need for speed reduction on that road. Supervisor Chiavetta read from a letter of invitation to participate in the National Night Out in the Town of Evans on August 3, 2004. Posters are up and all are encouraged to participate. Supervisor Chiavetta announced that the next work session would be July 27th, and Councilmen are asked to review and to bring preparation for right to farm law and the maintenance law. The next Town Board meeting is scheduled for August 10th, 2004 at 8:00pm. A motion was made by Councilman Pero and seconded by Councilman?s Rosiek and Czyz that the abstract for July 13, 2004 as follows be approved for payment:

General Fund Part Town Wide Payroll

Vouchers 5

Totaling: $543.33

Highway Town Wide

Voucher 55-62

Totaling: $2,833.48

General Fund - Part Town

Vouchers 20-21

Totaling: $7,050.49

Highway Payroll

Voucher 26-29

Totaling: $8,340.41

Highway Part Town

Voucher 7-14

Totaling: $9,252.80

Brant Farnham Sewer


Totaling: $13,070.54

Street Lighting

Voucher 5-6

Totaling: $3,051.50

Brant Water District #1

Voucher 4

Totaling $17,122.50

MOTION CARRIED: JULY ABSTRACT APPROVED FOR PAYMENT Supervisor Chiavetta made a motion to adjourn the meeting at 8:52 PM, in Memory of Samuel Chiavetta of Olean formerly of Brant who passed away recently, seconded by Councilman Pero. MOTION CARRIED: JULY 13 MEETING ADJOURNED Respectfully submitted, Thea A. Ells, Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: ___________________________________ COUNCILMAN ROSIEK: __________________________________ COUNCILMAN CZYZ: ___________________________________ COUNCILMAN PERO: ___________________________________ COUNCILMAN ARRIGO: ____________________________________