Minutes of the regular meeting of the Brant Town Board at 8:00 PM and Public Hearing regarding regulations for new & used car lots at 8:15 pm, at the Brant Town Hall, held February 10, 2004, 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 Neal Wilson, Planning Board
Bill Henry, ZBA alternate Charles Arrigo
Alice Escott, Town Crier Joseph Giambrone, Highway Super.
Sherry Hughes, The Sun Wayne Falk, Chief of Police
John Lehman, resident Gary Brecker, Building Inspector
Ed Dion, resident
Dolly Dion, resident
The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.
Supervisor Chiavetta informed the board and those in attendance that there was a public hearing at 8:15 pm and we would break for that at the appointed time and then go back to regular business.
Councilman Pero made a motion; seconded by Councilman Arrigo to accept the minutes of the Town Board meeting of January 13, 2004 and the record of the work session on January 27, 2004 as submitted by the Town Clerk.
MOTION CARRIED: MINUTES APPROVED
A Motion was made by Councilman Rosiek, seconded by Councilman Czyz to accept the Supervisors Financial report for the month of December as submitted.
MOTION CARRIED: SUPERVISOR FINANCIAL REPORT ACCEPTED
A motion was made by Councilman Rosiek and seconded by Councilman Czyz to accept the Town Clerk?s Financial Reconciliation Report for December 2003 and January 2004.
MOTION CARRIED: TOWN CLERK FINANCIAL RECONCILIATION REPORT ACCEPTED
A motion was made by Councilman Czyz and seconded by Councilman Pero to accept the
Justice Court Clerk?s Financial Reconciliation Report for January 2004.
MOTION CARRIED: COURT CLERK FINANCIAL RECONCILIATION REPORT ACCEPTED
Code Enforcement Officer Gary Brecker read from his December 2003 & January 2004 reports. A motion was made by Supervisor Chiavetta and seconded by Councilman Pero to accept the reports.
MOTION CARRIED: CODE ENFORCEMENT OFFICER?S REPORT APPROVED
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 January 28th, 2004 issue. Legal notices are filed with the Minutes.
Supervisor Chiavetta read from the proposed Local Law #1 for 2004. There was discussion
and updates on the proposed law. Some of the highlights were for requirements for storage, parking, and involved separating tank for draining of fluids.
Attorney John Grennell stated that he would like the code enforcement officer to have a final look at the proposed law before final copy is drawn and voted on.
Councilman Cyzy made a motion and was seconded by Councilman Pero to close the public hearing.
MOTION CARRIED: PUBLIC HEARING CLOSED NO ACTION TAKEN
A motion was made by Councilman Czyz to accept the Dog Control Officer?s report as
submitted for the month of January, seconded by Councilman Arrigo.
MOTION CARRIED: DOG CONTROL OFFICER?S REPORT ACCEPTED
A motion was made by Councilman Rosiek, seconded by Councilman Czyz to accept the Police Chiefs report as submitted for the month of January.
MOTION CARRIED: POLICE CHIEF?S REPORT ACCEPTED
A motion was made by Councilman Rosiek, seconded by Councilman Czyz to accept the Planning Board report as submitted for the month of January.
MOTION CARRIED: PLANNING BOARD MINUTES ACCEPTED
Nothing new to report on the Water District according to Supervisor Chiavetta.
Farmland Viability Consultant Selection Committee has not received any proposals at this time. Historical Markers are being looked at with help from local business to defray costs, also possible sponsorship through matching funds.
Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda. No response from those present.
Councilman Rosiek made a motion in support of the following resolution and was seconded by Councilman Czyz.
Whereas, the Town of Brant is in support of the Collateral Source Bill (S.622/A3483), which would end the unfair taxpayer- funded double dipping windfalls that are presently allowed only against the public employer which permit injured municipal workers to collect twice for the same injury for their future lost earnings.
Therefore, be it resolved that the Board of the Town of Brant fully supports Bill S.622/A3483 Collateral Source Bill
The Resolution will be forwarded to the Governor? Council, Senate Majority Leader Bruno, and Assembly Speaker Silver as well as the State Senate and Assembly members. The copies to the Senate and Assembly will ask for them to co-sponsor the bill- if they are not doing so already.
A roll call vote was taken:
Councilman Rosiek Aye
Councilman Czyz Aye
Supervisor Chiavetta Aye
Councilman Arrigo Aye
Councilman Pero Aye
5 Ayes 0 Nays RESOLUTION ADOPTED: SUPPORT COLLATERAL SOURCE BILL
Councilman Czyz made a motion to amend the term for Joseph DeCarlo sole appointed Assessor for Brant retroactive to January 2004 and ending September 30, 2007. Supervisor Chiavetta seconded the motion.
Roll call Vote was taken:
Councilman Czyz Aye
Supervisor Chiavetta Aye
Councilman Rosiek Aye
Councilman Arrigo Aye
Councilman Pero Aye
5 Ayes 0 Nays; MOTION CARRIED ASSESSOR TERM APPOINTMENT SET
Councilman Czyz made a motion to approve the following resolution and was seconded by Councilman Arrigo and Councilman Rosiek.
Resolution to establish a Tax Petty Cash Fund for 2004 Property Tax Collection in the amount of $100.00, 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.
Roll call Vote was taken:
Councilman Czyz Aye
Councilman Arrigo Aye
Councilman Rosiek Aye
Councilman Pero Aye
Supervisor Chiavetta Aye
5 Ayes 0 Nays:
RESOLUTION ADOPTED: TAX PETTY CASH ESTAB/LESS.49 TO SUPERVISOR
Supervisor Chiavetta read form a letter from Perma explaining new forms to use for reporting of accidents.
Councilman Czyz made a motion to approve the resolution to sign the contract for Brant Dispatch through the Evans Dispatch and for payment to be made for the years 2003 & 2004 in the sum of $2,415.00 each year. Councilman Pero seconded the motion.
Roll cal vote taken:
Councilman Czyz Aye
Councilman Pero Aye
Supervisor Chiavetta Aye
Councilman Rosiek Aye
Councilman Arrigo Aye
5 Ayes 0 Nays: RESOLUTION ADOPTED: DISPATCH CONTRACT SIGNED
Councilman Pero made a motion to approve the resolution to sign the contract for Community Concern of WNY and for payment to be made for the year 2004 in the sum of $5,500.00, in four installments of $1,375.00 throughout the year. Councilman Arrigo seconded the motion.
Roll cal vote taken:
Councilman Pero Aye
Councilman Arrigo Aye
Supervisor Chiavetta Aye
Councilman Rosiek Aye
Councilman Czyz Aye
5 Ayes 0 Nays: RESOLUTION ADOPTED: COMMUNITY CONCERN OF WNY CONTRACT SIGNED
Councilman Pero made a motion to form an Ombudsman Committee. This Committee in theory would consist of three individuals from the Town of Brant; they would meet with residents of the Town and be a problem solving committee that would work between departments and the Town Board. There was discussion among the board as to when they would meet and a possibility that residents could drop off concerns, etc like a suggestion box, then the committee could contact them and or both ways.
There was no response from those in attendance for volunteers that are not elected or appointed within the Town. There was no second.
MOTION TABLED: NO COMMITTEE FORMED
Councilman Rosiek made a motion to appoint William Henry as Zoning Board of Appeals Alternate to complete the term ending December 31, 2004. Councilman Pero seconded the motion.
MOTION CARRIED: HENRY APPOINTED ZBA ALTERNATE TERM ENDING 12-31-04
Councilman Rosiek made a motion to approve the displaying of a petition for Brant taxpayers to request the Evans Brant School Board for School Tax Collection be reinstated to the Brant Collector of Taxes. Motion seconded by Supervisor Chiavetta.
MOTION CARRIED: PETITION TO REINSTATE SCHOOL TAX COLLECTION IN BRANT
Supervisor Chiavetta read a resignation letter from Vincent Fininzio Jr. with regret as to his position as Recreation Director.
The Board decided to have a work session on February 24, 2004 at 7:00 PM in the Supervisors? office open to the public.
Supervisor Chiavetta acknowledged receipt of a current list of members of the Brant Volunteer Fire Department. We still need Farnham?s members also.
Supervisor Chiavetta announced the Association of Erie County governments monthly meeting is being held on Thursday February 26, 2004 at Michaels in Hamburg.
Supervisor Chiavetta acknowledged of receipt of an invitation to the Evans Brant Chamber of Commerce Annual Presidents Dinner on February 28, 2004.
Supervisor Chiavetta Acknowledged receipt of a letter from Dale Volker in regards to the Towns? resolution sent out to various officials concerning honoring treaties.
Attorney John Grennell reported on laws involving ATV?s and private roads. Accordingly, he does not believe that any additional restrictions would be effective in dealing with a private road situation.
Supervisor Chiavetta mentioned the Brant Recreation Parent Advisory Committee and the Board has discussed reactivating that committee. There was discussion about extending to a winter recreation for times like the Spring Break, etc. The Board discussed doing a joint ad for two committees (ombudsman, recreation) and the position of Recreation Director.
Ambulance Service with the Town of North Collins /North Collins Emergency Squad was discussed as the signing was tabled from last months public hearing.
Supervisor Chiavetta read from the contract with dollar amounts for contract starting with 2004 at $3,480.00, 2005 at $3,600.00, 2006 at $3,720.00, 2007 at $3,840.00, and 2008 at $3,960.00, this is for coverage east of Mile Block Road to the Town line with North Collins.
Councilman Arrigo made a motion and was seconded by Councilman Czyz to approve signing the contract for Ambulance service with North Collins for the above stated amounts for a five- year term.
MOTION CARRIED: AMBULANCE CONTRACT W/ NORTH COLLINS APPROVED
The Supervisor and Board had some discussion about trying to have written items in for the agenda on or before the Friday before the meeting date. This will not be treated as a mandate but a guideline so the Board members can be prepared for items on the agenda before the meeting.
Councilman Rosiek made a motion to have a Public Hearing for the updating of various permit fees? as stated in Chapter 161, Article XI, section 161-69 Fees Brant Town Zoning Law; ?as set forth from time to time by resolution of the Town Board?.
Supervisor Chiavetta announced that the next Town Board meeting is scheduled for March 9th, 2004 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 2004
General Fund Town wide General Town wide ? Payroll
Vouchers 16-54 Vouchers 1-7
Totaling: $10,481.29 Totaling: $27,611.49
General Fund ? Part Town Highway - Town wide
Vouchers 3-5 Voucher 3-15
Totaling: $7090.17 Totaling: $15,458.32
Highway Part Town Highway ? Payroll
Vouchers Vouchers 1-5
Totaling: $ Totaling: $15,962.73
Street Lighting Lotus Bay Sewer District
Voucher 1 Voucher 1
Totaling: $2,218.56 Totaling: $659.55
General Fund Part Town ? Payroll Brant Water District #1
Voucher included in general Voucher 2
Totaling: payroll Totaling: $30.00
MOTION CARRIED: ABSTRACT APPROVED FOR PAYMENT
Councilman Czyz, seconded by Supervisor Chiavetta made a motion to adjourn the meeting at 9:05 p.m. MOTION CARRIED: MEETING ADJOURNED
Respectfully submitted,
Thea A. Ells, Town Clerk
APPROVED BY:
SUPERVISOR CHIAVETTA: ___________________________________
COUNCILMAN ROSIEK: ___________________________________
COUNCILMAN CZYZ: ___________________________________
COUNCILMAN ARRIGO: ____________________________________
COUNCILMAN PERO: ____________________________________
