Minutes of the regular meeting of the Brant Town Board at 8:00 PM, and at 8:15 PM a Bid Opening for refuse Contract & a Public Hearing at 8:30 fro Proposed Amendment to Local Law Chapter 61, *concerning motor vehicles on beaches, and a Public Hearing at 8:45 PM for the 2005 Budget at the Brant Town Hall, held November 9, 2004, at, 1294 Brant-North Collins Rd, Brant, New York. *corrected- TAE There were present: Supervisor Samuel J. Chiavetta Councilman Martin Rosiek Councilman Eugene Czyz Councilman John Arrigo Absent: Councilman Leonard Pero Attorney John Grennell Recording Secretary: Thea Ells, Town Clerk Also present were: Joseph Gardyjan, Planning Board Chairman Joseph Giambrone, Highway Super. Gary Brecker, Building Inspector George Cordia, Village Trustee Lee Brunelli, resident Ellen Marcy, resident Ann Prince, resident Margaret Hageman, landowner Diane Czyz, Bookkeeper Pat Purpera, resident Sherry Hughes, Sun Ed Dion, resident Dolly Dion, Resident Howard Stitz, resident Cheryl Caldwell, Zoning Board Linda Crouse, Court Clerk Debra Ritz, Town Justice Julie Sager, Court Clerk William Easterling, resident Sam Lojacano, Planning Board Joseph Murphy, resident Norma Murphy, resident The meeting was opened at 8:01 PM with a pledge to the flag led by Supervisor Chiavetta, all were asked to remain standing for a moment of silence in remembrance of Annette Dispense who passed on November 5, 2004. Annette was recently a secretary to the Planning and Zoning Boards and was very active in various community organizations; sympathy is extended to her family. Councilman Czyz made a motion; seconded by Councilman Arrigo to accept the minutes of the Town Board meeting of October 12, 2004, as submitted by the Town Clerk. 4 ayes MOTION CARRIED: OCTOBER 12, 2004 MINUTES APPROVED A motion was made by Councilman Czyz, seconded by Councilman Rosiek to accept the Supervisors Financial report for the month of September as submitted. 4 ayes MOTION CARRIED: SUPERVISORS FINANCIAL REPORT SEPTEMBER 2004 ACCEPTED A motion was made by Supervisor Chiavetta and seconded by Councilman Arrigo to accept the Town Clerk?s Financial Reconciliation Report for the month of October 2004. 4 ayes MOTION CARRIED: TOWN CLERKS OCTOBER FINANCIAL RECONCILIATION REPORT ACCEPTED A motion was made by Supervisor Chiavetta and seconded by Councilman Arrigo to accept the Court Clerks Financial Reconciliation for the month of October 2004. 4 ayes MOTION CARRIED: COURT CLERKS OCTOBER FINANCIAL RECONCILIATION REPORT ACCEPTED Code Enforcement Officer Gary Brecker read from his October 2004 report. A motion was made by Councilman Rosiek and seconded by Councilman Czyz to accept the report. 4 ayes MOTION CARRIED: CODE ENFORCEMENT OFFICER?S OCTOBER REPORT ACCEPTED Councilman Czyz made a motion to table the appointment of a code enforcement officer as they need more time to consider the applicants. The appointed person last month declined the appointment. Councilman Czyz seconded the motion. 4 ayes MOTION CARRIED: TABLE THE APPOINTMENT OF CODE ENFORCEMENT OFFICER A motion was made by Councilman Czyz to accept the Dog Control Officer?s report as submitted by Carl Militello & read by Councilman Rosiek for the month of October and seconded by Councilman Arrigo. 4 ayes MOTION CARRIED: DOG CONTROL OFFICER?S OCTOBER REPORT ACCEPTED A motion was made by Councilman Rosiek seconded by Councilman Arrigo to accept the Police Chiefs report as submitted by Chief Wayne Falk and read by Councilman Czyz for the month of October. 4 ayes MOTION CARRIED: POLICE CHIEF?S OCTOBER REPORT ACCEPTED There was a Planning Board meeting in October but no minutes were filed at this time. Councilman Rosiek made a motion to table the reading of the minutes, seconded by Supervisor Chiavetta. 4 Ayes The next scheduled planning board meeting is November 23, 2004 at 8:00 PM. MOTION CARRIED: TABLE PLANNING BOARD MINUTES Supervisor Chiavetta reported that R & D Engineers went to Albany and the funding for the Water District looks favorable and they will be having a meeting in the near future. Supervisor Chiavetta reported that the Brant Farnham Economic Group meet on October 18th at 11:00 AM at the Brant Town Hall with Connie Miner, USDA representative, Board members, and accountant Dick Gryska. The group is following up on more paper work and is scheduled to meet on November 17, 2004. The Farmland Viability Economic Development Planning met Monday night at the Community Building and was well received with about 20-22 people from the area attending and the next meeting is scheduled for Monday November 22, 2004 at the Community Building. Shepstone Consultants, who are working on the plan, are meeting with an area farm family before the next meeting. Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda. Mr. Easterling from Surfside Drive had a complaint about the ditch which was affected by the new construction on the same side of the street. Joe Giambrone will look into the matter. As anyone who wished to be heard on any subject that would not be covered by the public hearings had been acknowledged Supervisor Chiavetta stated that we would move forward. Supervisor Chiavetta reported that the Town has requested for funding from FEMA & SEMO for repairs to some of our bridges from water damage this past year. Supervisor Chiavetta read from a letter sent to his office from Mr. Salva of Cain Road. He is requesting a lower speed limit and a complaint of over weight trucks on the road. Supervisor Chiavetta stated that he would have a letter sent to the County as it a County road. Supervisor Chiavetta announced that it was 8:15 and we would have to break for the Bid Opening. As no bid proposals were requested and no bids received, Supervisor Chiavetta commented on the procedure for procuring contracts with the Town and that we would continue to seek bids for refuse removal. Councilman Arrigo and Rosiek made a motion to approve the expense of having B&B Fencing install the swing set in the Town Park Playground Area at a cost of $800.00. Supervisor Chiavetta and Councilman Czyz seconded the motion. 4 Ayes MOTION CARRIED: EXPENSE FOR SWING SET INSTALLATION APPROVED Supervisor Chiavetta informed those in attendance about the seminars being held in Brant. The Town is sponsoring two agricultural business planning seminars for local business owners, farmers and agricultural landowners this November. The first session took place Monday the 8th, (as noted previously) and the next is Monday, November 22nd, 2004 at 7:00 PM at the Brant Community Center. The town recently received a grant from the New York Department of Agriculture and Markets to help stimulate economic development in the Town. This grant has allowed us to employ professional assistance in developing a Agricultural; Business Planning Guide and three model business plans for enterprises that might work well here in Brant. We are working with a consulting firm to assemble this material and present the seminars. They will address farm tax issues, basic business planning, marketing of new farm ventures and how to obtain funding for new enterprises. Both sessions are free of charge and all interested citizens are invited to attend. Reservations are encouraged but not required. For more information contact either the Supervisor?s Office or visit [url=][/url] Please note that your interest need not be agricultural only, it is for small business and new ventures. Board members were reminded of the Erie County Government Holiday Meeting on Thursday November 18, 2004 at Salvatore?s and were asked to contact the Supervisor?s office by Monday November 15th with their reservations. Councilman Czyz made a motion, seconded by Councilman Arrigo to pass a resolution to adopt the budget modifications presented and attached by the Town Accountant. A roll call vote was taken: Councilman Czyz AYE Councilman Arrigo AYE Councilman Rosiek AYE Supervisor Chiavetta AYE The vote being 4 Ayes and 0 Nays MOTION CARRIED: BUDGET MODIFICATIONS RESOLUTION 091504- #6 ADOPTED Supervisor Chiavetta reported that we received verification that the Town would be receiving $500.00 through the Erie County Public Benefit Funding for the Brant Farnham Senior Citizen Organization. There will be a newsletter going out soon and will have information from the Highway Department and any other departments or organizations which wish to use this means of getting information to the town residents. Joseph Giambrone mentioned that in the newsletter there would be mention of the mailbox replacement procedure and a request for residents to remove garbage cans and recycling containers as soon as possible in the winter to avoid being struck by plows. Also, Supervisor Chiavetta asked that residents refrain from plowing snow into the roadways from driveways. A motion was made by Councilman Rosiek and seconded by Councilman Czyz that the abstract for November 9, 2004 as follows be approved for payment

General Fund Town Wide

Vouchers 452-507

Totaling: $12,519.15

General Town Wide - Payroll

Vouchers 63-69

Totaling: $33,637.25

Highway Town Wide

Voucher 84-100

Totaling: $28,326.98

General Fund Part Town

Vouchers 33-34

Totaling: $70.07

Highway - Payroll

Vouchers 40-43

Totaling: $8,125.00

Lotus Bay Sewer Dist #

Voucher 5

Totaling: $12,000.00

Street Lighting

Voucher 10

Totaling: $1,807.64

MOTION CARRIED: NOVEMBER ABSTRACT APPROVED FOR PAYMENT As there were five minutes till the time for the Public Hearing Supervisor Chiavetta commented to those present that his intentions tonight in regards to the Local Law 61 amendment were to have the Planning Board research the issues that have been brought forward since the first Public Hearing by residents and others regarding this law. The board has received a number of e-mails, letters, and phone calls with varying points of views and concerns. The board could then consider their recommendation and look further into some legal issues in regards to vehicles on the beaches. Public Hearing opened with the Town Clerk Thea Ells? reading of the legal notice, which was published in the Town Crier on November 2nd, 2004, and posted at various locations in the Town & Village. LEGAL NOTICE -- TOWN OF BRANT -- NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Brant will conduct a Public Hearing on the 9th day of November, 2004, 8:30 p.m. at the Brant Town Hall, Brant-North Collins Road, Brant, New York, to consider amending Chapter 61-Article 1 (adopted 4/22/86) entitled ?Motor Vehicles on Beaches? to eliminate operation of motor vehicles on beaches in the Town of Brant from June through September. Change in the Local Law 61-1 Use of motor vehicles on beaches restricted. The use of any motor vehicle on any beach in the Town is prohibited unless under claim of riparian rights. However, the following are specifically excepted: a powered invalid chair or other reasonable forms of transportation necessary to transport handicapped or incapacitated individuals, any vehicles used to launch or recover boats or clean the beach or construction or utility vehicles that may be used to do necessary work on the beach. Dated: October 28, 2004 By order of Brant Town Board, Thea Ells, Town Clerk Resident Sam Lojacano had comments with concern that if the roads in the Wide Beach area are private than wouldn?t the beach also be private and if not the town should come down and clean it up. Resident Joseph Murphy has been using his cart for access to the beach since 1981. Resident Norma Murphy states that she can not walk and using a golf cart is not hurting anyone. She feels that Mr. Prince would like to stop anyone from using the beach in front of his house. Resident Pat Purpera referred to a letter from NYS Department of Environment & Conservation which informed him that no one owns the beach so one man can not stop the use of the beach for others. Resident Ann Prince commented that she and her husband have never asked anyone not to use the beach but to please refrain from joy riding in front of their home as a nuisance factor and a liability issue. Andy Hoffman commented that he has been going down to Wide Beach for many years and the beach and roads are community property and he allows his 12 yr. old to ride the cart down to the beach and back and he feels there is no abuse. He also had a complaint that the beach debris was pushed down to the access area. There was discussion and comments about the beach access and who owns them and the beach clean up effort by residents. Attorney John Grennell stated the he was prepared to discuss the issues of the beach but not the laws pertaining to private roads. He stated that the beach is considered State property when asked who owns the beach and if the town has the right to make and enforce laws for the beach. Resident Helen Marcy questioned if the beach was not a federal border. Resident Cheryl Caldwell representing the homeowners association brought to the board a copy of the by laws that they try and to abide by in the Wide Beach area. There was discussion about liability issues and who would be liable for children driving vehicles on the beach. Attorney John Grennell was asked to read the present law and the amendment. Resident Jamie Selecki questioned the exact boundaries of some of the community property. Supervisor Chiavetta made a motion, seconded by Councilman Arrigo to close the public hearing. 4 Ayes MOTION CARRIED: PUBLIC HEARING CLOSED Supervisor Chiavetta made a motion to table the amendment to Local Law Chapter 61. The issues and concerns presented to the board concerning vehicles on the beaches will be forwarded to the Planning Board for recommendation back to the Town Board. Councilman Rosiek seconded the motion. 4 Ayes MOTION CARRIED: TABLE AMENDMENT TO CHAPTER 61 FOR PLANNING BOARD REVIEW Supervisor Chiavetta stated that it was 8:45 and time for the Public Hearing for the 2005 Budget as read by Town Clerk below which was published October 26th, 2004, and posted within the Town. TOWN OF BRANT - NOTICE OF HEARING ON THE PRELIMINARY BUDGETFOR THE YEAR 2005 Notice is hereby given that the Preliminary Budget of the Town of Brant for the fiscal year beginning January 1, 2005 has been completed and filed in the office of the Town Clerk at Brant, New York, where it is available for inspection by any interested person during regular business hours. Further notice is hereby given that the Town Board of the Town of Brant will meet and review the Preliminary Budget and hold a Public Hearing thereon at the Brant Town Hall at 8:45 p.m. on the 9th day of November 2004 and at such hearing any person may be heard in favor or against any items therein contained.Further notice is given pursuant to Section 108 of the Town Law the proposed salaries of the following Town Offices are hereby specified as follows: Supervisor $14,000.00, Councilman (4)x each, $ 4,265.00, Town Clerk/Tax Collector $24,105.00, Superintendent of Highways $21,900.00 DATED: October 20, 2004 BY THE ORDER OF THE BRANT TOWN BOARD Thea A. Ells, BRANT TOWN CLERK The budget was reviewed and Supervisor Chiavetta stated that the board had met numerous times to review and set the budget figures as shown in the attached budget. There was a general raise of 3.5% for all personnel except all elected officials are receiving no pay increase (which is less than what was advertised in the legal notice). Councilman Czyz mentioned that three of the board members agreed to take a pay cut and John Grennell stated that he would like to research the legality of lowering the boards? salaries. Councilman Rosiek suggested that if they can lower them they could do it at the Organizational Meeting and move the amount budgeted to the contingency account. Councilman Arrigo suggested that the board members who are willing to take a cut could donate $1,000.00 to playground equipment and that the councilman involved should have decreased their salaries at the beginning of their terms not at the end of their terms. Councilman Czyz stated that he had another year of his term yet. Contractual expenses were cut and equipment funds also were cut. Overall the budget reflects a reduction as follows: General Town down 7.6%, Highway down 6.6%, Fire Protection up 2%, Lighting down 20%, and Water down 16%. Supervisor Chiavetta stated that he tried to figure in the impact of the municipal court fees and there should be enough in the general and reserve funds. General Fund Part Town revenues cover the appropriations because of sales tax revenues. Supervisor Chiavetta commented that the whole board was very involved in the budget process this year and he thought the effort was reflected in the reduction. Councilman Rosiek stated that he would like to congratulate the budget officer (Supervisor Chiavetta) as the first budget that was presented reflected a decrease. Councilman Czyz made a motion, seconded by Councilman Rosiek to close the public hearing. 4 Ayes: MOTION CARRIED: PUBLIC HEARING CLOSED A motion was brought forward by Councilman Czyz to approve and adopt the 2005 budget as presented and reviewed. Motion seconded by Councilman Rosiek and a roll Call vote was taken: Councilman Czyz AYE Councilman Rosiek AYE Councilman Arrigo AYE Supervisor Chiavetta AYE 4 AYES 0 NAYS: MOTION CARRIED: 2005 BUDGET ADOPTED The next work session will be November 30th. The next Town Board meeting is scheduled for December 14th, 2004 at 8:00pm. There was a suggestion to advertise in the newsletter that there are organizations in the town such as The Senior Group and Rural Transit that are always looking for new members. Supervisor Chiavetta reminded all that Thursday November 11th is Veterans Day and made a motion to adjourn the meeting at 9:05 PM in honor of our Veterans, seconded by Councilman Czyz. MOTION CARRIED: NOVEMBER 9, 2004 MEETING ADJOURNED Respectfully submitted, Thea A. Ells, Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: ___________________________________ COUNCILMAN ROSIEK: ___________________________________ COUNCILMAN CZYZ: __________________________________ COUNCILMAN PERO: Absent __________________________________ COUNCILMAN ARRIGO: __________________________________