Minutes of the regular meeting of the Brant Town Board at 8:00 PM, and at 8:15 PM a Public Hearing for Special Use Permit for Brant Auto Parts, at the Brant Town Hall, held August 11, 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 Ethel Winters, resident Sherry Hughes, The Sun Jean Brunelli, resident Alice Escott, Town Crier Barbara Daniel, Deputy Clerk Charles Arrigo, resident Gina DeMaria, Deputy Town Clerk Betty O?Donnell, resident Faith DeLong, resident Ed Dion, resident Marilyn Russell, resident Dolly Dion, resident Tim Dodson, Brant Auto Parts Thomas Banzer, Brant Auto Parts Rose Marie DeMaria, resident William Easterling, resident Jennifer Hill, Pool Coordinator Kathryn Chiavetta, Recreation Director Diane Czyz, Supervisors Secretary Julie Muscato, resident John O?Donnell, Jr., resident Joseph Pinker, land owner Loretta Giambrone, resident Herman Ciminesi, resident (former Supervisor) The meeting was opened with a pledge to the flag led by Supervisor Chiavetta. Councilman Rosiek made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of July 13, 2004 as submitted by the Town Clerk. 5 ayes MOTION CARRIED: JULY 13 2004 MINUTES APPROVED A motion was made by Councilman Czyz, seconded by Councilman Rosiek to accept the Supervisors Financial report for the month of June as submitted. 5 ayes MOTION CARRIED: SUPERVISORS FINANCIAL REPORT JUNE 2004 ACCEPTED A motion was made by Councilman Czyz and seconded by Supervisor Chiavetta to accept the Town Clerk?s Financial Report July 2004. 5 ayes MOTION CARRIED: TOWN CLERKS JULY FINANCIAL RECONCILIATION REPORT ACCEPTED A motion was made by Councilman Rosiek and seconded by Councilman Pero to accept the Court Clerks Financial Reconciliation July Report 2004. 5 ayes MOTION CARRIED: COURT CLERKS JULY FINANCIAL RECONCILIATION REPORT ACCEPTED A motion was made by Councilman Czyz to accept the Dog Control Officer?s report as submitted for the months of June and July and seconded by Councilman Arrigo. 5 ayes MOTION CARRIED: DOG CONTROL OFFICER?S REPORTS ACCEPTED A motion was made by Councilman Rosiek, seconded by Councilman Pero to accept the Police Chiefs report as submitted for the month of June. Councilman Pero stated that he would like to commend the Police Force and Officer Michael Green for the arrests made in the Village of Farnham in relation to the complaints and problems the Village has had with ATV?s and off road vehicles on sidewalks and roads. 5 ayes MOTION CARRIED: POLICE CHIEF?S JUNE REPORT ACCEPTED Due to a lack of a quorum, a work session was held discussing signs and noise. The next scheduled planning board meeting is August 24, 2004 at 8:00 PM per submission from Secretary Michelle Hy. Supervisor Chiavetta stated that there was nothing new to report on the Expansion District for Water and that the Water Committee (Chiavetta & Czyz) would need to start sessions with Farnham concerning the contract for the Brant Water District. Councilman Pero reported that the Brant Summer Fest was a success and that all in attendance had an enjoyable time and his hope is that the Brant Revitalization Committee can organize more events in the future. The Brant Economic Group meeting on July 22 was canceled due to conflicts and will be rescheduled soon. Code Enforcement Officer Gary Brecker read from his July 2004 report. Councilman Arrigo asked that his report to the Board include addressees, and that a junk vehicle on the right of way on Route 20 be sited, as it has been abandoned there for quite some time. Councilman Pero asked if grid 2 was started yet and Gary stated that the situation with grid 1 was preventing him from starting yet and yes Route 20 would be include in grid 2. A motion was made by Supervisor Chiavetta and seconded by Councilman Arrigo to accept the report. 5 ayes MOTION CARRIED: CODE ENFORCEMENT OFFICER?S JULY REPORT ACCEPTED Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda. He also stated that due to the time they would allow five minutes for the floor and stop for the Public Hearing. Mr. Ed Dion read a statement from the Brant Senior Citizen?s Organization to the Board concerning the use of the Community Building on July 21st. Their annual picnic was to be held in the Grove area but due to a rain storm they requested use of the Community Building to the Recreation Director and were refused. They felt that their request should have been better received and their organization should have been allowed to use the building. Mr. Dion stated that they want to know if it happens again what will happen. Supervisor Chiavetta responded that due to scheduling conflicts the usual field trip day for recreation is Wednesday but that week it was on Tuesday, so the conflict occurred. Due to due to the size of the buildings and Health Dept. regulations the children weren?t allowed to be in one building or the other at one time. He stated that in the upcoming years there will be no conflict and the building would be available if the need arises for their picnic as recreation will make sure they have a day trip on the day of the Seniors Picnic. Supervisor Chiavetta stated that it was 8:15 pm and the Public Hearing would begin. Public Hearing opened with the Town Clerk Thea Ells reading the legal notice, which was published in the Town Crier August 4 , 2004 issue: PLEASE TAKE NOTICE that the Town Board of the Town of Brant will conduct a Public Hearing on the 10th day of August, 2004, 8:15 p.m. at the Brant Town Hall, Brant-North Collins Road, Brant, New York, to hear all persons in support of, or objections to, the following matter: The application of Thomas W. Banzer, doing business as Brant Auto Parts, Inc. as partner or principal officer with Timothy Dodson for an automobile junk yard license pursuant to 156 of New York State Municipal Law for premises owned by Banzer Dodson, Inc. The subject property address is: 1132 Brant-Farnham Road, Brant New York, SBL #267.00-4-30.2 & 267.00-4-37.1. There was discussion and the board acknowledged that they had reviewed the site plan and that they were pleased with the progress that Brant Auto Parts was accomplishing at the site. Councilman Pero made a motion to close the public hearing and Councilman Arrigo seconded the motion. 5 ayes MOTION CARRIED: CLOSE THE PUBLIC HEARING FOR THE APPLICATION FOR A JUNK YARD AT 1132 BRANT FARNHAM RD. Councilman Pero made a motion to approve the application of a special use permit for a junk yard license for Brant Auto Parts at 1132 Brant Farnham Rd. The motion was seconded by Councilman Arrigo. 5 ayes MOTION CARRIED: APPROVAL FOR THE APPLICATION FOR A JUNK YARD LICENSE AT 1132 BRANT FARNHAM RD BY BRANT AUTO PARTS The Acknowledgement of Visitors was resumed. Katherine Chiavetta responded to the Senior Citizens request for the use of the Community Building during recreation. She gave explanations as to why it was not possible to put all the children in the Recreation Building at one time, the condition of the gym and the leak in the main room. Discussion among the Board and residents continued with debate and ideas as to the uses of the buildings and the towns programs and agenda for use of the buildings. Councilman Pero made a motion to place on the agenda a motion to have the Community Building be used only for community affairs and the recreation building be used for recreation. Councilman Arrigo seconded the motion. Arrigo, Pero, Aye Czyz, Rosiek and Chiavetta Nay. MOTION DEFEATED TO PLACE MOTION ON TONIGHTS AGENDA Mr. Easterling expressed his disappointment about the speed limit on Surfside Road being 55 mph. Mr. Pinker who owns land in the Town questioned the Board as to why he was notified on the 15th of July that he had 30 days to file a grievance and was told in August that he was too late. He is not happy with his assessment and feels he is not equal to the surrounding properties. He is pursuing the matter. As everyone who wanted to be heard had been heard, the Acknowledgement of visitors was closed. Town Clerk Thea Ells asked the board to consider consolidation of districts from four to two for the Primary on September 14, 2004. Councilman Rosiek made a motion to consolidate districts, and the motion was seconded by Councilman Czyz. Town Clerk will write request to Board of Elections. MOTION CARRIED: REQUEST TO BOARD OF ELECTIONS; VOTING DISTICTS 1 & 4 AT BRANT COMMUNITY BUILDING, DISTRICTS 3 & 4 AT VILLAGE OF FARNHAM HALL Supervisor Chiavetta made a motion to change the next scheduled meeting from Tuesday September 14 to Wednesday September 15 as the 14th is Primary Day. The motion was seconded by Councilman Czyz. MOTION CARRIED: TOWN BOARD MEETING CHANGE: WEDNESDAY SEPTEMBER 15 Supervisor Chiavetta made a motion to set the date for the Presentation of the Tentative Budget on October 5 at 7 PM, Councilman Pero seconded the motion. MOTION CARRIED: OCTOBER 5 SET FOR PRESENTATION OF TENTATIVE BUDGET Supervisor Chiavetta reviewed the budget calendar set by the state with the board and it was decided to set budget modification hearing dates at the September meeting. Supervisor Chiavetta made a motion to set the date for the Public Hearing for Community Development Block Grant requests for Wednesday 8:15 PM on September 15th. The motion was seconded by Councilman Pero. MOTION CARRIED: PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT REQUESTS FOR WEDNESDAY 8:15 PM ON SEPTEMBER 15TH. Councilman Rosiek made a motion to adopt the following resolution as read by Supervisor Chiavetta: WHEREAS, the cost of Medicaid in our state is out of control and represents one of the single most detriments to a healthy state economy; and WHEREAS, reform of Medicaid will spur economic growth and begin to reverse the current trends of business and people moving to other states because of our high taxes; and WHEREAS, without reform, Medicaid will continue to grow and strip Erie County and the State of New York of any hope of economic recovery; and WHEREAS, New York State legislators have had ample time to begin the process; however) the failure to agree upon and pass a state budget on time has become an excuse for avoiding Medicaid refom1; and WHEREAS, the County of Erie has proposed "pilot" reforms such as managed care of fee-based Medicaid programs as one responsible way to significantly cut costs while continuing to meet the medical needs of citizens of our state; and WHEREAS, as the 2nd or 3rd highest property tax-paying county in the United States, we the people of Erie County demand reform of Medicaid; WHEREFORE, WE RESOLVE THAT WE, the elected municipal representatives of the residents of the Town of Brant, do hereby strongly ask for a state--wide initiative to reform Medicaid as a legislative and executive priority; and if need be, that a special session of the legislature be convened to reach agreement on immediate and longer term reform of state Medicaid benefits including pilot projects such as the proposed manage care initiative proposed by Brie County; and FURTHERMORE, we ask Governor Pataki, State Senate Majority Leader Joe Bruno and Assembly Speaker Sheldon Silver to put aside their political differences and commit to a process that will result in reaching agreement on Medicaid reform to the bettem1ent of all tax payers in our state; and FINALLY, that copies of this resolution be forwarded to Governor Pataki, Senator Joe Bruno and Assembly Speaker Sheldon Silver upon approval asking them to affirm the urgency for Medicaid reform as stated in this resolution calling for state action. Councilman Pero seconded the motion. A roll call vote was taken: Resolution 081004-#1 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 FOR STATEWIDE INITIATIVE TO REFORM MEDICAID Councilman Czyz made a motion, seconded by Councilman Rosiek to pass a resolution to adopt the budget modifications presented and attached by the Town Accountant. A roll call vote was taken: Councilman Eugene P. Czyz Sr. AYE Councilman Martin Rosiek AYE Councilman John Arrigo AYE Councilman Leonard Pero AYE Supervisor Samuel Chiavetta, Jr. AYE The vote being 5 Ayes and 0 Nays Resolution 081004-#2 MOTION CARRIED: BUDGET MODIFICATIONS APPROVED Supervisor Chiavetta announced that Diane Czyz, Supervisors? Secretary and Janet Bowman, Assessors Clerk presented Daisy Winters with a Bouquet of Flowers today in honor of her upcoming 105th birthday. Councilman Pero made a motion to proclaim August 29, Daisy Winters day in the Town of Brant and to present her with a proclamation composed by Supervisor Chiavetta. Motion was seconded by Councilman Rosiek. MOTION APPROVED: AUGUST 29TH DAISY WINTERS DAY IN HONOR OF 105TH BIRTHDAY Supervisor Chiavetta read from the announcement from Association Erie County Governments meeting being held August 26th for the regular monthly meeting. Supervisor Chiavetta reported that letters were sent to Erie County concerning the stripping on Lotus Point Road and the bump near the Thruway Bridge on Brant Angola Road. A motion was made by Councilman Rosiek and seconded by Councilman Czyz that the abstract for August 10, 2004 as follows be approved for payment

General Fund Town Wide

Vouchers 308-346

Totaling: $20,921.17

General Town Wide - Payroll


Totaling: $41,412.03

General Fund - Part Town Payroll


Totaling: $658.47

Highway Town Wide

Voucher 63-68

Totaling: $6,971.15

General Fund Part Town

Voucher 22-25

Totaling: $34,687.35

Highway Payroll


Totaling: $13,070.54

Highway Part Town

Voucher 15-19

Totaling: $26,486.26

Brant Farnham Sewer

Voucher 1

Totaling $4,000.00

Brant Water District #1

Voucher 5

Totaling: $90.00

Street Lighting

Fire Protection

Voucher 3-4

Totaling: $64,843.56

MOTION CARRIED: AUGUST ABSTRACT APPROVED FOR PAYMENT Councilman Arrigo asked who sets salaries of employees, and also asked if anyone should be paid without authorization from the board. There was discussion as to if the board should go to executive session to discuss personnel issues. Councilman Arrigo asked Diane Czyz why the individual employees weren?t listed on the vouchers this month. Bookkeeper Diane Czyz answered that with the new system social security numbers are listed on their reports and the accountant informed her that she should not include that information to any other office. After discussion it was agreed that the bookkeeper shall white out social security numbers on the vouchers. Supervisor Chiavetta stated that before they went to executive session he would like to thank the 2004 Recreation staff as follows: Kyle Hoffman, Leo Baurlein, Andrew Gier, Amanda Brunelli, Jessica Bantle, Aaron Renaldo, Kelly Fricano, Jason Renaldo, Peter Pero, Katie Marien, Jennifer Ruth, Emma Grennell, Andrew Driscoll, and Junior Counselor Joe Inglut and subs Kelly Wurster, and Kelin Lipowicz. A thank you to the Lifeguards; Jen Hill, Jessica Wasmund, Kim Bryant, Anna Bryant, Samantha Timm, and Jennifer Chiavetta. This week is the last week of recreation and the campers are going to a Bison Game thanks to Frank Mooney for arranging free tickets for the campers. Councilman Pero reported that the local Boy Scout Troop is interested in cleaning the sidewalks as discussed last month. He announced also the Friends of Evangola would be meeting on August 12, at 7:30 at the State Park, and that the Tomato Fest is August 28th & 29th, 2004. Councilman Arrigo made a motion to go to executive session; motion was seconded by Councilman Pero. MOTION CARRIED: TOWN BOARD TO GO TO EXECUTIVE SESSION Supervisor Chiavetta stated that no formal actions were taken during the executive session so no minutes will follow. The next work session would be August 24th, and Councilmen are asked to review and to bring preparation for right to farm law, the maintenance law, also their code books. The next Town Board meeting is scheduled for September 15th, 2004 at 8:00pm. Councilman Pero made a motion to adjourn the meeting at 9:50 PM, seconded by Supervisor Chiavetta. MOTION CARRIED: August 10, 2004 MEETING ADJOURNED Respectfully submitted, Thea A. Ells, Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: ___________________________________ COUNCILMAN ROSIEK: __ COUNCILMAN CZYZ: ___________________________________ COUNCILMAN PERO: ________ COUNCILMAN ARRIGO: ____________________________________