Minutes of the regular meeting of the Brant Town Board at 8:00 PM, and at 8:15 PM a Public Hearing regarding the request for Community Development Block Grant Monies, at the Brant Town Hall, held September 15, 2004, at, 1294 Brant-North Collins Rd, Brant, New York.

There were present:

Supervisor Samuel J. Chiavetta

Councilman Martin Rosiek

Councilman Leonard Pero                             

Councilman John Arrigo

Absent: Councilman Eugene Czyz

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                                                             Michael Daniel, Used Car Lot Rte 20           

Barbara Daniel, Deputy Clerk                                                            Debra A. Ritz, Brant Justice

Jeff Prince, resident                                                                Kirk Ritz, resident

Jean Brunelli, resident                                                            Julie Sager, Court Clerk

Ron McPeek, Town Crier                                                       Julie Muscato, resident

Charles Arrigo, resident                                                         William Easterling, resident              

Ed Dion, resident                                                                    Dolly Dion, 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 August 10, 2004 as submitted by the Town Clerk. 4 ayes   

 MOTION CARRIED: AUGUST 10, 2004 MINUTES APPROVED

             A motion was made by Councilman Pero, seconded by Councilman Arrigo to accept the Supervisors Financial report for the month of July as submitted. 4 ayes   

 MOTION CARRIED: SUPERVISORS FINANCIAL REPORT JULY 2004 ACCEPTED

A motion was made by Councilman Rosiek and seconded by Supervisor Chiavetta to accept the Town Clerk’s Financial Report August 2004. 4 ayes   

 MOTION CARRIED: TOWN CLERKS AUGUST FINANCIAL RECONCILIATION REPORT ACCEPTED

A motion was made by Councilman Rosiek and seconded by Supervisor Chiavetta to accept the Court Clerks Financial Reconciliation August Report 2004. 4 ayes   

MOTION CARRIED: COURT CLERKS AUGUST FINANCIAL RECONCILIATION REPORT ACCEPTED

Code Enforcement Officer Gary Brecker read from his August 2004 report. A motion was made by Councilman Rosiek and seconded by Supervisor Chiavetta to accept the report. 4 ayes   

MOTION CARRIED: CODE ENFORCEMENT OFFICER’S AUGUST REPORT ACCEPTED

Gary Brecker asked if he would be allowed at this time to read his letter of resignation which he previously turned into the board. Due to his retirement benefits, it will not be financially possible for him to remain effective October 1^st, 2004, but he stated that he could remain for the training of a new officer and for priority cases at a minimal wage, for a short period of time.  In his letter he thanked the board and all his fellow town employees and departments for their cooperation and good working relations within the Town of Brant.

Public Hearing opened with the Town Clerk Thea Ells’ reading of the legal notice, which was published in the Town Crier on August 25^th, 2004.

THE TOWN OF BRANT will hold a public hearing on Wednesday September 15, 2004 at 8:15 at the Brant Town Hall, 1294Brant N Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant. THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended. THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. CITIZENS ARE URGED to attend this meeting to make known their views and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. The hearing will also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible.  Those needing special arrangements should call the Town of Brant at (716) 549-0282. By order of the Brant Town Board Thea A. Ells, Town Clerk

Supervisor Chiavetta reviewed some of the projects that have been partially funded by the CDBG funding.  Supervisor Chiavetta began by explaining that legislation concerning American of Disabilities Act has made it possible for public facilities to become handicap accessible.  In the Town of Brant the Town Hall, Community Building, Recreation Building and the Brant pool has had updates. This last year we also had updates to our wading pool that was partially funded by CDBG monies. Rural Transit is funded through these monies also.

Mark Lee was present from Erie County Dept. of Environment and Planning to answer questions.  Supervisor Chiavetta explained that we get three choices to list for consideration and that a resolution authorizes him to sign, submit and execute these projects with Erie County Community Development Block Grant upon said approval.

Supervisor Chiavetta went over the three choices mentioning improvements to the Recreation building but Mark Lee stated that it would not fit the criteria for funding. The Board discussed the possibility of resubmitting the Streetscape Project that was listed last year and then the Village of Farnham Playground and Rural Transit.

Councilman Pero made a motion, seconded by Councilman Arrigo to close the public hearing. 4 Ayes

 MOTION CARRIED: PUBLIC HEARING CLOSED

Councilman Pero made a motion, seconded by Councilman Rosiek, to adopt a resolution authorizing Supervisor Chiavetta to sign, submit and execute a contract with Erie County Community Block Grant program for the following projects in order:

1. Farnham Playground Project
2. Sidewalks with Streetscape at the Four Corners of Brant at an amount to be determined.
3. Rural Transit Funding Support

A roll Call vote was taken:

Councilman Pero                    Aye

Councilman Rosiek                 Aye

Councilman Arrigo                 Aye

Supervisor Chiavetta              Aye

4 AYES 0 NAYS CDBG RESOLUTION 091504-#1 ADOPTED

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

submitted for the month of August and seconded by Councilman Arrigo. 4 ayes   

MOTION CARRIED: DOG CONTROL OFFICER’S AUGUST 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 August. 4 ayes      

MOTION CARRIED: POLICE CHIEF’S AUGUST REPORT ACCEPTED

There was no Planning Board meeting in August. The next scheduled planning board meeting is September 28, 2004 at 8:00 PM per submission from Secretary Annette Dispense.

Supervisor Chiavetta stated that there is a meeting for the Southwest Regional map on September 21, 2004 in Eden at 2:00 PM.

Councilman Pero reported that the Brant Farnham Economic Group meeting is on September 22, at 7:30 PM at the Community Building and all interested residents are invited to attend.

Supervisor Chiavetta reported that the Evangola Tomato Fest went well considering the rain.  He mentioned that other State Parks have arranged for admission charges to be waived during special events and that would raise attendance in the future.

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

Ed Dion questioned the Board about the striping on Lotus Point Road and Supervisor Chiavetta stated that he would call and ask if anything would be done this year.

Mr. Ritz asked the Boards intent on the job hiring in regards to town residents receiving preference for the Building Inspectors job. There was discussion about the requirements and the preference to hire a town resident.

Ron McPeek spoke on his receiving a traffic ticket in the Town of Brant, and informed the board that he would be taking the issue to court.

As everyone who wanted to be heard had been heard, the Acknowledgement of visitors was closed.

  Supervisor Chiavetta read a letter requesting the use of space in our building for the collection of School taxes from Diana Cafferty, Evans Tax Receiver. The date requested is Friday evening October 8, 2004 during the hours of 4:30 PM and 7:00 pm. Councilman Rosiek made a motion to allow the request and Councilman Arrigo seconded the motion. 4 Ayes

MOTION CARRIED: OCTOBER 8 SCHOOL TAX COLLECTION AT TOWN HALL

            Supervisor Chiavetta read the following resolution and there was discussion that followed on alternate scenarios the town could follow to deal with the loss of court revenues such as a driving school in town and a town surcharge on violations. Councilman Pero will follow up and have information at the next work session as the court liaison. A motion was made by Councilman Rosiek to approve the adoption of the following resolution:

WHEREAS,    the recently approved state budget includes language that will adversely affect the return of significant revenue to towns and villages, and

WHEREAS;    the loss of this revenue will give towns and villages no choice but to increase real property taxes; and

WHEREAS,   this action by the state will not generate significant revenue for state but will cause serious financial damage to towns and villages that are attempting to hold down local property taxes;

NOW, THEREFORE BE IT RESOLVED, that we call upon State Legislative leaders, Senator Joe Bruno and Assemble Speaker Sheldon Silver as well as Governor George Pataki to work together with a sense of urgency to restore these monies back to towns, villages and other affected local government; and

BE IT FURTHER RESOLVED that the Brant Town Board ask our individual State Senators and Assemblyman to remind the state legislative leaders of the dire tax consequences to municipalities if the state legislative leaders and the Governor do not eliminate the language contained in the state budget that will have such an adverse affect on town, villages and other local governments; and

FINALLY, BE IT FURTHER RESOLVED; the Brant Town Clerk send  certified copies of this Resolution to Governor Pataki, Senate Majority Leader Joe Bruno, Assembly Speaker Sheldon Silver, Assembly Majority Leader Paul Tokasz, State Senator Dale Volker and other elected state officials from Western New York.

            Councilman Pero seconded the motion for the adoption of the above resolution. A roll call vote was taken: Resolution 091504-#2

Councilman Martin Rosiek                 AYE  

Councilman Leonard Pero                   AYE  

Councilman John Arrigo                      AYE              

Supervisor Samuel Chiavetta, Jr.         AYE

4 AYES 0 NAYS COURT REVENUE RESOLUTION 091504-#2 ADOPTED

 Councilman Rosiek made a motion to adopt the following resolution for Farmland Protection and Development Rights;

WHEREAS,    the Brant Town Board supports the agricultural industry, the protection of farmland, intelligent development of rural communities, the Right To Farm Act and better ways to coordinate between various levels of government on development and agricultural issues, and

WHEREAS,    it was stated publicly at a June 16, 2004 meeting of Erie County Legislatures and Town Supervisors and representatives from Erie County Legislature are committed to working with local towns and villages to secure more state and federal funding to protect farmland and help the agricultural industry in Erie County, and

WHEREAS,   one solution to providing needed funds is found in legislation before the New York State Assembly and Senate (S.6949/A.10053), which if approved would create a fund for the implementation of plans for preservation of community character, including the protection of farmland, and

WHEREAS,   if approved this fund would allow towns to acquire interests or rights in real property for the preservation of community character, to establish a bank pursuant to a transfer of development rights program and to provide management and stewardship for such interests and rights,

NOW THERFORE BE IT RESOLVED that the Brant Town Board is committed to helping the agricultural industry, the protection of farmland, intelligent development of rural communities, the Right To Farm Act and better ways to coordinate between various levels of government, and

BE IT FURTHER RESOLVED that this honorable Body asks the Governor and the New York State Legislative to consider passing(S.6949/A10053), which would create a community preservation fund, and

BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Governor George Pataki, Assemblymen Richard Smith, Senator Dale Volker, the Erie County Commissioner of Environment and Planning, the New York State Commissioner of Environment Conservation, and the President of the Erie County Farm Bureau.

 Supervisor Chiavetta seconded the motion and a roll call vote was taken;

Councilman Martin Rosiek                 AYE

Supervisor Samuel Chiavetta, Jr.         AYE

Councilman John Arrigo                      AYE               

Councilman Leonard Pero                   AYE  

4 AYES 0 NAYS: FARMLAND PROTECTION AND DEVELOPMENT RIGHTS RESOLUTION 091504-#3 ADOPTED

            Supervisor Chiavetta stated that a letter was received from Mayor Rivers from North Collins in regards to a property in the Town, near the Village, that they felt needed looking into concerning stray cats. The letter was forwarded to the Dog Control Officer and the Code Officer to possibly have the SPCA check out the situation.

            Councilman Pero opened discussion about building use at the town park.  The main concern being that there are many regulations the town has to follow for the six week recreation program in the summer and it would be better for all concerned if the program was run out of the recreation building and the shelter(if enclosed).  All members of  the board that were present stated that they would each look into the improvements needed at the recreation building and shelter and come to the work session on September 28^th with proposals for the roof, electric work needed,  enclosing of the shelter, dehumidifiers, etc. Councilman Pero said that everyone should try and find the most cost-effective approach.  Gary Brecker is to check the size of the buildings and give the board maximum capacity for each building.  

            Supervisor Chiavetta read a letter from William Easterling and his correspondence with NYS DOT and asking the board to pass a resolution to ask for a speed reduction study on Surfside Drive. A motion to pass a resolution requesting a speed study be conducted on Surfside Drive was brought forward by Councilman Rosiek, and seconded by Councilman Pero. A roll call vote was taken;

Councilman Martin Rosiek                 AYE

Councilman Leonard Pero                   AYE  

Councilman John Arrigo                      AYE              

Supervisor Samuel Chiavetta, Jr.         AYE

4 AYES 0 NAYS: REQUEST SPEED STUDY ON SURFSIDE DRIVE RESOLUTION 091504-#4 ADOPTED

             Supervisor Chiavetta brought forward a motion to advertise that sealed bids are hereby requested  in accordance with the specifications on file in the Town Clerk’s Office, for collection, transportation, and/or disposal of acceptable trash, rubbish, construction and demolition materials, bulky waste, and white goods from the Town of Brant and/or Village of Farnham.  Requests for proposals shall be as follows: For the Town of Brant, excluding the Village of Farnham, for the Village of Farnham only,

and for the Town of Brant, and the Village of Farnham together.  Sealed bids must be filed and submitted in writing to the Town Clerk, no later than 8:15 p.m., November 9, 2004, and that bids be opened at that time.  Councilman Pero seconded the motion. 4 Ayes

MOTION CARIED: REQUEST FOR BIDS FOR TRASH COLLECTION, BID OPENING NOVEMBER 9 AT 8:15 PM

            Supervisor Chiavetta brought forward a motion to adopt a resolution to have a Public Hearing on October 12 at 8:15 PM for an update on Chapter 61-Article 1 (adopted 4/22/86) entitled Motor Vehicles on Beaches in the Brant Code Book.  The revision to the code would eliminate the time constraints of   June thru September. Councilman Rosiek seconded the motion, and a roll call vote was taken.

Supervisor Samuel Chiavetta, Jr.         AYE

Councilman Martin Rosiek                  AYE

Councilman John Arrigo                      AYE

Councilman Leonard Pero                   AYE  

4 AYES 0 NAYS: PUBLIC HEARING MOTOR VEHICLES ON BEACHES OCTOBER 12, @ 8:15PM RESOLUTION 091504-#5 ADOPTED

            Supervisor Chiavetta read from the announcement from Association of Erie County Governments meeting being held September 23rd for the regular monthly meeting with speaker Joel Giambra in East Aurora.

Councilman Rosiek made a motion, seconded by Supervisor Chiavetta to pass a resolution to adopt the budget modifications presented and attached by the Town Accountant.

A roll call vote was taken:

Councilman Martin Rosiek                  AYE

Councilman John Arrigo                      AYE

Councilman Leonard Pero                    AYE  

Supervisor Samuel Chiavetta, Jr.          AYE

The vote being 4 Ayes and 0 Nays 

MOTION CARRIED: BUDGET MODIFICATIONS RESOLUTION 091504- #6 ADOPTED

Supervisor Chiavetta reviewed the schedule for the budget and the regulations that have to be followed and reminded the board that the presentation of the Tentative Budget is set for Tuesday, October 5, 2004 @ 7:00 PM. Supervisor Chiavetta made a motion that the budget meetings with the department heads will be Wednesday October 13, starting at 7PM. The motion was seconded by Councilman Rosiek.

4 Ayes.

MOTION CARRIED: BUDGET MEETINGS WITH DEPARTMENT HEADS SET FOR OCTOBER 13 

            Supervisor Chiavetta reported that there was a meeting with Dean Messing and Emergency Services for a Risk Assessment Survey in the Town and Village.  This is a Federal and State Program.

            Supervisor Chiavetta commented on a report for the Star Program, which shows that with the Towns 100% assessment rate the exemption was raised in the Town of Brant for School taxes this year.

            Councilman Pero made a motion to advertise for the Building Inspector position so the board can interview/review the applicants at the next work session scheduled for September 28, 2004. Councilman Rosiek seconded the motion. 4 Ayes

MOTION CARRIED: ADVERTISE FOR BUILDING INSPECTOR POSITION

            Supervisor Chiavetta brought forth a motion to adopt a resolution to have a public hearing for the adoption of a Local Law for a Town Traffic Surcharge at 8:30 on Tuesday October 12, 2004. Councilman Pero seconded the motion, and a roll call vote was taken.

Supervisor Samuel Chiavetta, Jr.          AYE

Councilman Leonard Pero                    AYE  

Councilman Martin Rosiek                  AYE

Councilman John Arrigo                      AYE

The vote being 5 Ayes and 0 Nays 

MOTION CARRIED: PUBLIC HEARING FOR TRAFFIC SURCHARGE ON OCTOBER 12 @ 8:30 PM RESOLUTION 091504-#7 ADOPTED

A motion was made by Councilman Rosiek and seconded by Councilman Pero that the abstract for September 15, 2004 as follows be approved for payment

MOTION CARRIED: SEPTEMBER ABSTRACT APPROVED FOR PAYMENT

The next work session will be September 28^th.  The next Town Board meeting is scheduled for October 12^th, 2004 at 8:00pm.

Councilman Pero made a motion to adjourn the meeting at 9:45 PM, seconded by Councilman Arrigo.

 MOTION CARRIED: SEPTEMBER 15, 2004 MEETING ADJOURNED

Respectfully submitted,

Thea A. Ells, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA: ___________________________________

COUNCILMAN ROSIEK:                                                                          __

COUNCILMAN CZYZ:             ___________________________________

COUNCILMAN PERO:                                                                  ________

COUNCILMAN ARRIGO:     ____________________________________