Subject to Board Approval

Minutes of the regular meeting of the Brant Town Board at 8:00 PM, and at 8:15 PM a Public Hearing to amend Local Law Chapter 61 & a Public Hearing at 8:30 of Proposed Local Law #2 2004, concerning surcharge on traffic violations, at the Brant Town Hall, held October12, 2004, 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

Also present were:

Joseph Gardyjan, Planning Board Chairman                          Thomas Bowman Jr., Pro Shop         

Gary Brecker, Building Inspector                                           George Cordia, Village Trustee

Lee Brunelli, resident                                                             Brenda Giacchino, resident   

Jeff Prince, resident                                                                Kirk Ritz, resident

Diane Czyz, Bookkeeper                                                        Pat Purpera, resident

Sherry Hughes                                                                        Ron Helmich, resident

Ed Dion, resident                                                                    Ray Pilon, resident                            

Dolly Dion, Resident                                                              Howard Stitz, resident

The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.

Councilman Pero made a motion; seconded by Councilman Rosiek to accept the minutes of the Town Board meeting of September 10, 2004, and Work Session of September 28, 2004 as submitted by the Town Clerk. 5 ayes   

 MOTION CARRIED: SEPTEMBER 15 & 28, 2004 MINUTES APPROVED

             A motion was made by Councilman Rosiek, seconded by Councilman Czyz to accept the Supervisors Financial report for the month of August as submitted. 5 ayes   

 MOTION CARRIED: SUPERVISORS FINANCIAL REPORT AUGUST 2004 ACCEPTED

A motion was made by Supervisor Chiavetta and seconded by Councilman Czyz to accept the Town Clerk’s Financial Report August 2004. 5 ayes   

 MOTION CARRIED: TOWN CLERKS SEPTEMBER FINANCIAL RECONCILIATION REPORT ACCEPTED

A motion was made by Supervisor Chiavetta and seconded by Councilman Czyz  to accept the Court Clerks Financial Reconciliation September Report 2004. 5 ayes   

MOTION CARRIED: COURT CLERKS SEPTEMBER FINANCIAL RECONCILIATION REPORT ACCEPTED

Code Enforcement Officer Gary Brecker read from his September 2004 report. Councilman Pero questioned how the property clean up was progressing on Erie Road. Gary replied that they are in litigation. A motion was made by Councilman Pero and seconded by Councilman Arrigo to accept the report. 5 ayes   

MOTION CARRIED: CODE ENFORCEMENT OFFICER’S SEPTEMBER REPORT ACCEPTED

A motion was made by Councilman Rosiek to accept the Dog Control Officer’s report as

submitted & read by Supervisor Chiavetta for the month of September and seconded by Councilman Czyz. 5 ayes   

MOTION CARRIED: DOG CONTROL OFFICER’S SEPTEMBER REPORT ACCEPTED

A motion was made by Councilman Rosiek seconded by Councilman Arrigo to accept the Police Chiefs report as submitted for the month of September. 5 ayes     

MOTION CARRIED: POLICE CHIEF’S SEPTEMBER REPORT ACCEPTED

There was no Planning Board meeting in September as there was no quorum. The next scheduled planning board meeting is October 26, 2004 at 8:00 PM per submission from Secretary Annette Dispense.

Councilman Pero reported that the Brant Farnham Economic Group will be meeting on October 18^th at 11:00 AM at the Brant Town Hall with Connie Miner, USDA representative, Board members, and anyone interested.

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

Pat Purpera from Wide Beach spoke on the subject of vehicles allowed on the beach. He informed the Board that the Wide Beach Association owns the accesses to the beach in the Wide Beach area, and was concerned as to why a law was needed to keep the residents from having golf carts and other vehicles on the beach.  Supervisor Chiavetta informed him that there is a law in the Town of Brant that prohibits the use of certain vehicles on the beach from June through September, and that there is a Public Hearing pertaining to that at 8:15 tonight.

Ed Dion thanked the Board for their recent trip to Dollywood and for the special arrangements for prepaying the expenses.

Kirk Ritz mentioned that in today’s paper their was mention of Brant being one of the many towns which may be effected by the County’s Sheriff’s patrols being ended due to funding issues. He also commented on the preliminary budget stating that town officials should not be asking for any pay increase and Mr. Ritz commented on one official asking for a twenty five percent pay increase.

Supervisor Chiavetta announced that it was 8:15 and we would have to break for the Public Hearing.

     Public Hearing opened with the Town Clerk Thea Ells’ reading of the legal notice, which was published in the Town Crier on October 6^th, 2004, and posted at various locations in the Town & Village.

            PLEASE TAKE NOTICE that the Town Board of the Town of Brant will conduct a Public Hearing on the12^th day of October, 2004, 8:15 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. The amended wording would be: “the use of any motor vehicle on any beach in the town is prohibited unless under claim of riparian rights.” Dated: September 28, 2004. By order of the Brant Town Board, Thea Ells, and Town Clerk.

            The hearing included discussion on the code books definition of motor vehicles, “Any Automobile, motorcycle, scooter, minibike, motorbike, all- terrain or any transportation device with an internal combustion engine or electric motor, except, a powered invalid chair, any vehicle used to launch and recover boats or clean the beach or construction and utility vehicle that may be used to do necessary work on the beach.” The discussion also included the riparian rights and the amount of beach a homeowner owns. Liability issues were raised as to if there are vehicles allowed on the beach, who would be responsible if an accident occurred. The consensus of the various residents was that vehicles for those with trouble walking or health issues should be allowed access to the beach by small i.e. golf carts, etc. but only for beach access and not for “tooling around the beach”.     

      Councilman Pero made a motion, seconded by Councilman Arrigo to close the public hearing. 5 Ayes  MOTION CARRIED: PUBLIC HEARING CLOSED

Supervisor Chiavetta made a motion to have a Public Hearing November 9, 2004 at 8:30 PM on an updated amendment to Chapter 61 which will be drafted by Attorney John Grennell to address the issue of which vehicles are allowed and as to limited beach use of those vehicles. Councilman Czyz seconded the motion. 5 Ayes

 MOTION CARRIED: PUBLIC HEARING FOR CHAPTER 61, NOV. 9, 8:30 PM 

Supervisor Chiavetta stated that it was 8:30 and time for the Public Hearing as read by Town Clerk below and was published October 5^th, 2004, and posted within the Town.

PLEASE TAKE NOTICE that the Town Board of the Town of Brant will conduct a Public Hearing on the 12^th day of October., 2004, 8:30 p.m. at the Brant Town Hall, Brant-North Collins Road, Brant, New York, to consider the enactment of the proposed Local Law #2 for 2004 described and summarized below:   Such being a local law entitled “Town of Brant Surcharge” law of the Town of Brant for purposes of placement of a surcharge to the extent allowed by State Law on appropriate vehicle and traffic and violation charges disposed of in the Town of Brant Justice Court. A copy of the proposed law can be obtained from the Town Clerk’s office of the Town of Brant. Dated: September 28, 2004.  By order of Brant Town Board Brant, New York Thea Ells, Town Clerk

Resident, Kirk Ritz made some comments to the Town Board on the subject of another surcharge on violations and that it would be hurting the working man (taxpayers), and if they felt it was necessary at this time. There was discussion amongst the Board Members as to how it has affected the Town financially to this point and it was disclosed that we do not know yet the impact it will have, but that this Law can be rescinded at a later time. 

            Supervisor Chiavetta made a motion, seconded by Councilman Arrigo to close the public hearing. 5 Ayes:

 MOTION CARRIED: PUBLIC HEARING CLOSED

             A motion was brought by Councilman Rosiek to table the vote of this Local Law, motion seconded by Councilman Czyz. 2 Ayes Rosiek & Czyz, 3 Nays MOTION TO TABLE DEFEATED

            More discussion followed with comments including that the impact on the budget will be profound even with this surcharge added if the state continues and collects the fines.  There was mention of the Town not participating with a Court as it is not funded by State monies as are other courts where their fines etc. are turned over to the State.

                                                         Supervisor Chiavetta brought forth a resolution to approve A local law imposing a surcharge pursuant to vehicle and traffic law section 1809-D - Local Law No. 2 of the year 2004 Be it enacted by the Town Board of the Town of Brant, as follows:`

Section 1.        Purpose

The purpose of this local law is to impose a local surcharge on convictions rendered in the Town Justice Court pursuant to the enabling authority of section 1809-D of the Vehicle and Traffic Law, as added by Chapter 56 of the Laws of 2004

Section 2.        Local Surcharge for Traffic Violations

For convictions rendered in the Town of Brant Justice Court for violations committed between the effective date of this local law and September 1, 2005, which convictions are subject to a mandatory surcharge imposed pursuant to 1809 of the Vehicle and Traffic Law, there shall be an additional surcharge of ten dollars ($10.00) per violation.

Section 3.        Payment to Clerk of Court; Disposition of Surcharge

The surcharge authorized by subdivision one of this section shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month next succeeding the collection of such surcharge, the court shall pay the surcharge upon application to the chief fiscal officer of the town which imposed such surcharge.  Such chief fiscal officer shall require such proof as is necessary in order to determine whether a refund is refund is required by law.

Section 4.        Refunds

Any person who has paid a surcharge authorized by this section which is ultimately determined not to be required by this section shall be entitled to a refund of such surcharge upon application to the chief fiscal officer of the town which imposed such surcharge. Such chief fiscal officer shall require such proof as is necessary in order to determine whether a refund is required by law.

Section 5.        Effective Date:            This Local Law shall take effect immediately. Councilman Arrigo seconded the resolution and a roll Call vote was taken:

Supervisor Chiavetta              Aye

Councilman Arrigo                 Aye

Councilman Rosiek                 Nay

Councilman Czyz                   Nay

Councilman Pero                    AYE

3 AYES 2 NAYS:

LOCAL LAW # 2 OF 2004 TOWN SURCHARGE ON TRAFFIC VIOLATIONS ADOPTED

Supervisor Chiavetta asked if any visitors would like to be acknowledged and as everyone who wanted to be heard had been heard, the Acknowledgement of visitors was closed.

Supervisor Chiavetta acknowledged a letter received form Dale Volker concerning the State and their upcoming efforts to repeal the collection of court fees.

Supervisor Chiavetta reviewed a packet that the Board members received concerning the Presentation Outline of the Southwest Erie County Water Supply and reported that there would be another meeting in Eden October 25^th.

Board members were reminded of the Erie County Government Monthly Meeting on Thursday October 28, 2004 at Chef’s Restaurant after a tour on the new Public Safety Campus on Elm Street.

Councilman Czyz brought forward a resolution to set the date and time for Halloween “Trick or Treats” on Sunday October 31^st, 2004 from 6:00PM till 8:00 PM, seconded by Councilmen Rosiek and Arrigo. 5 Ayes

 MOTION CARRIED: HALLOWEEN CELEBRATION OBSERVED SUN OCT 31 6-8 PM

            The board acknowledged a letter from Judge Ritz for a need to purchase an updated set of law books and docket folders for the court. Supervisor Chiavetta said that they would consider when preparing the budget.

            Supervisor Chiavetta read from a report on the proposed 67 mile Shoreline Trail, announcing a public information meeting on October 26 at City Hall in Tonawanda.

            A memorandum from the steering committee of the RTS advisory Board was summarized by Supervisor Chiavetta regarding a formula to be used in determining each participating Towns matching share if the Rural Transit Program operating budget reaches the CD grant funding cap as set by the Consortium Project Selection Committee.

            A letter was acknowledged from Erie County’s Director of Budget, Management & Finance, Joseph Passafiume, stating that the County has no choice but to reduce vital services and programs countywide. The letter advised the Town that many towns and villages may not be able to receive services from the Sheriff’s Road Patrol police services without reimbursement.

              Supervisor Chiavetta announced that Budget hearings for department heads start on Wednesday October 13th at 7 PM.

            Councilman Arrigo brought forward a motion to appoint Ronald Marten as the Towns Code Enforcement Officer and Building Inspector. The Board thanked all the applicants for their interest in applying for the position. Councilman Rosiek seconded the motion.5 Ayes

MOTION CARRIED: RONALD MARTEN NEW BUILDING INSPECTOR/ CODE OFFICER

            Supervisor Chiavetta stated that the situation in North Collins in regards to a property in the Town, near the Village, with stray cats was being handled by the SPCA per our Dog Control Officer.

            Supervisor Chiavetta made a motion 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, be advertised and posted in the Town & Village. Councilman’s Rosiek & Pero seconded the motion. 5 Ayes 

 MOTION CARRIED 2005 BUDGET HEARING SET NOV 9^TH 8:45PM

A motion was made by Councilman Pero and seconded by Councilman Arrigo that the abstract for October 12, 2004 as follows be approved for payment

MOTION CARRIED: OCTOBER ABSTRACT APPROVED FOR PAYMENT

The next work session will be October 26^th.  The next Town Board meeting is scheduled for November 9^th, 2004 at 8:00pm.

Councilman Pero made a motion to adjourn the meeting at 8:58 PM, seconded by Councilman Arrigo.

 MOTION CARRIED: OCTOBER 12, 2004 MEETING ADJOURNED

Respectfully submitted,

Thea A. Ells, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA: ___________________________________

COUNCILMAN ROSIEK:                                                                          __

COUNCILMAN CZYZ:             ___________________________________

COUNCILMAN PERO:                                                                  ________

COUNCILMAN ARRIGO:     ____________________________________