2-8-05 MINUTES OF THE TOWN BOARD MEETING


Subject to Board Approval Minutes of the regular meeting of the Brant Town Board at 8:00 PM, at the Brant Town Hall, held February 08, 2005, at 1294 Brant-N. 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 Lee Brunelli, resident George Cordia, Village Trustee Joseph Giambrone, Highway Super. Charles Arrigo, resident Dolly Dion, resident Alice Escott, Town Crier Ed Dion, resident Sherry Hughes, The Sun Thomas Bowman Jr., Ombudsman Comm. The meeting was opened with a pledge to the flag led by Supervisor Chiavetta. Councilman Rosiek made a motion; duly seconded by Councilman Arrigo to accept the record of the Town Board work sessions from November 1, 2004, November 23, 2004, December 28, 2004, the record of the work session on January 27, 2005 as submitted by the Town Clerk. 5 ayes MOTION CARRIED: RECORD OF WORK SESSIONS APPROVED Supervisor Chiavetta made a motion, which was duly seconded by Councilman Rosiek to accept the minutes of the January 4th , 2005 Organizational Meeting with the noted addition on page 3 as submitted by the Town Clerk. 5 ayes MOTION CARRIED: JANUARY 4TH ORGANIZATIONAL MEETING MINUTES APPROVED Councilman Rosiek made a motion, which was duly seconded by Councilman Czyz to accept the minutes of the January 11th, 2005 Regular Meeting with the noted correction on page 17 as submitted by the Town Clerk. 5 ayes MOTION CARRIED: REGULAR MEETING MINUTES FROM JANUARY 11 APPROVED A Motion was made by Councilman Czyz, duly seconded by Councilman Rosiek to accept the Supervisors Financial report for the month of December as submitted. 5 ayes MOTION CARRIED: SUPERVISOR FINANCIAL REPORT ACCEPTED A motion was made by Councilman Rosiek and duly seconded by Councilman Pero to accept the Town Clerk?s Financial Reconciliation Report for December 2004 and January 2005 and a 2004 Annual Report. 5 ayes MOTION CARRIED: TOWN CLERK FINANCIAL RECONCILIATION REPORTS ACCEPTED A motion was made by Councilman Rosiek and duly seconded by Councilman Czyz to accept the Justice Court Clerk?s Financial Reconciliation Report for January 2005. 5 ayes MOTION CARRIED: COURT CLERK FINANCIAL RECONCILIATION REPORT ACCEPTED Code Enforcement Officer Fred Ball Jr. submitted his January 2005 report previously to the Board as he is on vacation. A motion was made by Supervisor Chiavetta and duly seconded by Councilman Czyz to accept the report. 5 ayes MOTION CARRIED: CODE ENFORCEMENT OFFICER?S REPORT APPROVED No Dog Control Officer?s report submitted for the month of January, as the Dog Control Officer is out of Town. A motion was made by Councilman Arrigo, duly seconded by Supervisor Chiavetta to accept the Police Chiefs report as submitted by Chief Wayne Falk and read by Supervisor Chiavetta for the month of January. 5 ayes MOTION CARRIED: POLICE CHIEF?S REPORT ACCEPTED No Planning Board report submitted for the month of January. Supervisor Chiavetta advised the Board Members and visitors that some figures were presented at the Southwest Erie County Regional Water Plan January 25th informational meeting which was at the Community Building, and that the Town Board would need to informally join in the plan now, this will lead to the next step of securing funding from various state and federal agencies. Supervisor Chiavetta brought forward a motion for the Town of Brant to participate in a Memorandum of Understanding with the Southwest Erie County Regional Water Plan to be included in an Intended Use Plan to seek funding for the plan. Discussion and explanation followed among the board members that it would be the logical step to join in the plan as the project may be downsized but not enlarged and that the people in the planned area will be able to vote on the final decision to join in the plan. Councilman Czyz duly seconded the motion. 5 ayes MOTION CARRIED: INTENDED USE PLAN APPROVED Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda. George Cordia thanked the Board on behalf of the Village for supporting the Community Development Block Grant request for the Playground which has been approved for $90,000.00, and would like the Town Board to send a representative to the Planning Meetings for the playground. Councilman Czyz volunteered to attend one meeting night as they are the second and fourth Tuesdays of the month. Ed Dion Representing the Brant- Farnham Senior Organization thanked the Board for the increase in the funding for their programs. Councilman Pero duly brought forward a resolution for the Board to consider joining with Evans, Eden, North Collins, Angola, and Farnham to apply for a Collaborative Quality Community Grant Application for improving Economic Prosperity in our communities as follows: Whereas, The Town Board of the Town of Brant fully supports initiatives to enhance area Wide environmental protection, economic prosperity and community well being, and Whereas, the communities in Southwestern Erie County realize the need to identify and promote the various resources and assets of the area, and Whereas, there is currently no plans or initiatives to attract visitors and/or tourists to our communities as a coalition of municipalities with a common plan; and Whereas, the Towns of Brant, Evans, Eden and North Collins as well as the Villages of Angola, Farnham and North Collins have expressed a willingness to promote tourism to enhance the environment, economic prosperity and community well being of these municipalities; NOW BE IT RESOLVED: that Samuel J. Chiavetta, as Supervisor of the Town of Brant is hereby authorized and directed to support an application filed by the Town of Evans on our behalf to the New York State Quality Communities Program to obtain financial assistance to develop a plan and implementation strategy which will enhance the environment, economic prosperity and community well being of the Town of Brant and upon approval of said grant request, will enter into an agreement with New York State as well as the collaborating communities to develop said plans for identifying and promoting the assets of our region, and BE IT FURTHER RESOLVED: that this Town Board endorses the commitment of the communities identified in this resolution to continue to meet on a regular basis for the purpose of discussing other ways that we can work together for the betterment of our shared region. Supervisor Chiavetta duly seconded the adoption of the resolution. A roll call vote was taken: Councilman Pero AYE Supervisor Chiavetta AYE Councilman Rosiek AYE Councilman Czyz AYE Councilman Arrigo AYE The vote being 5 Ayes and 0 Nays RESOLUTION ADOPTED: COLLABORATIVE QUALITY COMMUNITY GRANT APPLICATION RESOLUTION 020805- #1 Councilman Pero and Supervisor Chiavetta mentioned some supporting ideas for seeking funding which would help visitors find access from the New York State Thruway and Route 5 & Routes 20. This would promote tourism and promote access to areas of interest and help visitors find their way and help endorse interest in historic sites. Councilman Czyz asked for a resolution to approve the year End Budget changes as recommended and attached per the Town Accountant, Councilman Rosiek seconded the motion. A roll call vote was taken: Councilman Czyz AYE Councilman Rosiek AYE Supervisor Chiavetta AYE Councilman Arrigo AYE Councilman Pero AYE The vote being 5 Ayes and 0 Nays RESOLUTION ADOPTED: BUDGET MODIFICATIONS RESOLUTION 020805- #2 ADOPTED Councilman Czyz made a motion for a Resolution to establish a Tax Petty Cash Fund for 2004 Property Tax Collection in the amount of $200.00, to be closed at the end of collection, and that Property Tax overpayments of .49 cents or less be turned over to the Supervisor, at the close of collection, Supervisor Chiavetta seconded the motion 5 ayes RESOLUTION ADOPTED: TAX PETTY CASH ESTAB/LESS.49 TO SUPERVISOR 020805-#3 Supervisor Chiavetta made a motion to advertise a request for bid proposals to be opened at the next regular meeting on March 8th at 8:30 PM for the Town of Brant Grounds Maintenance, Councilman Czyz seconded the motion. 5 ayes MOTION CARRIED: ADVERTISE FOR BID PROPOSALS FOR GROUNDS MAINTENANCE Councilman Czyz made a motion to approve the purchase of a new Patrol Vehicle as budgeted in the 2005 Budget. Councilman Rosiek seconded the motion. 5 ayes MOTION CARRIED: PURCHASE NEW PATROL VEHICLE Councilman Czyz made a motion to have a Public Hearing at the next regular meeting on March 8th at 8:15 PM for Proposed Local Law #1 re: Adult Use and Entertainment Establishments and Supervisor Chiavetta seconded the motion. 5 ayes MOTION CARRIED: PUBLIC HEARING SET LOCAL LAW #1 2005 MARCH 8, 8:15 PM Councilman Czyz made a motion to authorize Attorney John Grennell to obtain reports from the Engineer, Code Enforcement, and or Zoning, and a possible study of health and safety requirements. Supervisor Chiavetta seconded the motion. 5 ayes MOTION CARRIED: AUTHORIZE ATTORNEY TO OBTAIN REPORTS FOR HEARING Supervisor Chiavetta acknowledged receipt of a letter of congratulations from County Executive Joel Giambra in regards to Brant: Business District ? Streetscape/Four Corners- $33,750.00, Farnham: Village Park/Playground Project - $90,000.00 and Rural Transit: $204,651.00 award of grants through Erie County Consortium Community Development Block Grant Program which was approved earlier. Supervisor Chiavetta acknowledged receipt of letters from: Adelphia Cable showing rate increases, and a letter from Erie County Environment and Planning advising members of a change in our contact person who is now Adam Zaklakowski. Supervisor Chiavetta read the following Proclamation which was presented to Brant Angola Furniture in Honor of being the recipient for the 2004 Business Award at the Evans Brant Chamber of Commerce Annual Presidents Dinner on February 26, 2005. is owned and operated by Geraldine Jacobs and this year proudly celebrates her 50th year in business and WHEREAS, Brant-Angola Furniture is a recipient of the Evans-Brant Chamber of Commerce Business Award for 2004 and WHEREAS, Brant-Angola Furniture will be bestowed this award at the Chamber?s President?s Award Dinner on Saturday, February 26th, 2005 and WHEREAS, the Town of Brant wishes to congratulate Brant-Angola Furniture on its success as a renowned business in the Town and WHEREAS, the Town of Brant wishes to congratulate Brant-Angola Furniture for the Honor of being the recipient of Chamber?s Business Award for 2004. NOW, THEREFORE BE IT RESOLVED, I, SAMUEL J. CHIAVETTA, JR., SUPERVISOR of the Town of Brant wishes to Congratulate Geraldine Jacobs and Brant ?Angola Furniture for operating a great business for the last 50 years. IN WITNESS WHEROF, I have hereunto set my hand and seal of the Town of Brant this 28th day of January, 2005. Supervisor Chiavetta announced the Association of Erie County Governments monthly meeting is being held on Thursday February 24, 2005 at Michaels in Hamburg. Councilman Rosiek made mention that Supervisor Chiavetta is serving as President of the Association of Erie County Governments this year. There was an announcement that the Association of Erie County Governments is planning a lobbying trip to Albany to talk with our Assembly people and State Senators. Items for the Newsletter need to be submitted as soon as possible. Supervisor Chiavetta announced that the next Town Board meeting is scheduled for March 8th, 2005 at 8:00pm. A motion was made by Councilman Rosiek and seconded by Councilman Czyz that the abstract as shown be approved for payment. Abstract: 2 for the year 2005
General Fund Town Wide

Vouchers 15-55

Totaling: $56,283.29

General Town wide - Payroll

Voucher 1-7

Totaling: $31,908.48

Highway Town Wide

Voucher 4-14

Totaling: $16,771.18

Highway Payroll

Voucher 1-4

Totaling: $16,460.18

Street Lighting

Voucher 1

Totaling: $2,055.21

Brant Water Dist #1

Voucher 2

Totaling: $30.00

Abstract 14 for 2005 General Fund Town Wide Vouchers 582-590 Totaling $17,630.30

MOTION CARRIED: ABSTRACTS APPROVED FOR PAYMENT The Board agreed to have the next work session on Tuesday March 1st, 2005 at 7 PM at the Town Hall. Councilman Czyz, seconded by Supervisor Chiavetta made a motion to adjourn the meeting at 8:45 p.m. 5 ayes MOTION CARRIED: MEETING ADJOURNED Respectfully submitted, Thea A. Ells, Brant Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: ___________________________________ COUNCILMAN ROSIEK: ___________________________________ COUNCILMAN CZYZ: ___________________________________ COUNCILMAN ARRIGO: ____________________________________ COUNCILMAN PERO: _____________________________________