August 2003 Town Board Minutes


            	Minutes of the regular meeting of the Brant Town Board, held on Tuesday, August 13, 2003 at 8:15 p.m., at the Brant Town Hall, Brant-N. Collins Rd, Brant, New York.

There were present:

Supervisor			Samuel J. Chiavetta
Councilman			Dennis Rubeck
Councilwoman		Ellen Bowman
Councilman			Martin Rosiek
Councilman			Eugene Czyz
Attorney			John Grennell

Also present:

Diane Czyz			Supervisor?s Secretary
Gary Brecker			Code Enforcement Officer
Lee Brunelli			Jean Brunelli
Joseph Gardyjan		Betty O?Donnell
John O?Donnell		Linda Crouse
Ed Dion			Dolly Dion
Linda Muscato		Tony Muscato
Bill Henry			Marge Henry
Daisy Winters & Family
				
	The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.

	A presentation of the 104th Birthday certificate and flowers were given to Daisy Winters, the oldest residing member in the Town of Brant.  Mrs. Winters stated that she wanted to thank everyone and that she hopes everyone lived to be 104.  It was noted by Supervisor Chiavetta that Mrs. Winters has seen a lot of technology come and go.  Jean Brunelli stated that Mrs. Winters had commented on the recent wedding reception at the Friend?s and how that?s how things had been done all the time in the old days.

	Councilman Rosiek made a motion; seconded by Councilman Rubeck to change two  paragraphs on page 249 of the minutes presented by the Town Clerk as they were transposed.  The negative SEQR in the AT&T Hearing should have occurred first.  MOTION CARRIED.

Councilman Rosiek made a motion to accept the minutes as corrected of the Town Board meeting of July 8, 2003 as submitted by the Town Clerk.  The motion was seconded by Councilwoman Bowman.  MOTION CARRIED. 

	A Motion was made by Councilwoman Bowman, seconded by Councilman Rubeck to accept the Supervisors Financial report for the month of June as submitted.  MOTION CARRIED.

	A motion was made by Councilman Rosiek and seconded by Councilman Czyz to accept the Town Clerk and Court Clerk?s Financial Reports for the months of June.  Town Clerk, Jamie Nolan, stated that she wanted to go on record of stating that there had been two bank errors (with drawl of $4,600 and deposit of $462.36) made to the Town Tax Savings account and the Supervisors accounts and that the Town Tax Savings with accountability will be available at next month?s meeting.  MOTION CARRIED.	

A motion was made by Councilman Czyz and seconded by Councilman Rosiek to accept the Code Enforcement Officer?s report for July as submitted.  MOTION CARRIED.  

A motion was made by Councilwoman Bowman to accept the Dog Control Officers report as submitted for the month of July, seconded by Councilman Rubeck.  MOTION CARRIED.

A motion was made by Councilwoman Bowman, seconded by Councilman Rosiek to accept the Police Chiefs report as submitted for the month of July.  MOTION CARRIED.

In reviewing the Planning Board minutes of July 2003, Councilman Rosiek made a note that they would like the law changed to a forty day period for Variance applications to allow the Planning Board to review.  Code Enforcement Officer stated that the 30 days is in the Code Book   Code Enforcement Officer, Gary Brecker also stated that they were in the process of having the Building Permit application changed slightly and take the notary off.  The new form would be ready for Board approval at the next meeting.  A motion was made by Councilman Czyz and seconded by Councilman Rubeck to 

accept the planning board minutes as submitted.  MOTION CARRIED.	

	Supervisor Chiavetta gave an update on the Water District and stated that there was a meeting last Tuesday on the intercommunity water line due to a leak in Hanover and that there was also a resolution that needed to be adopted and would be discussed under the New Business for a new district of Brant, Eden, Evans, Collins and North Collins.  

Supervisor Chiavetta stated that there is nothing new to report on the revitalization committee. 

Councilman Czyz stated that there is a meeting on the Master Plan that will be held on August 20, 2003 at 5:00 p.m.  Bill Henry of Milestrip Road stated that he wanted to ask that Solar energy be included in the Master Plan.  He had presented exemption information to the Assessors office which is offered through the County and that he had hoped that the Town Board was pro-environmental and would approve solar energy use.  He presented information to Councilman Czyz for the upcoming Master Plan meeting.  

Councilman Czyz also stated that the Master Plan Committee would like to have in the master plan that the Town has no plans for a Solid Waste management facility.

Supervisor Chiavetta opened the Acknowledgement of Visitors.

Ed Dion of the Brant Farnham Senior Citizens informed the Board of problems in cleaning the Building and that the Counselors should be responsible for the cleaning up after the children.  

Lee Brunelli stated that there was also a problem with speeding even with the speed bumps in place.  Everyone needs to be told to slow down. 

	Joe Gardyjan questioned the possibility of a speed reduction on Route 5 between the Village line and Nordblum Rd. or even Cain Road.  He stated that he constantly sees vehicles speeding.  Councilman Czyz also stated that with the area being a Commercial District that more people will be attempting to turn off or on.  Supervisor Chiavetta stated that the Town would submit a letter of request.  Councilwoman Bowman suggested the possibility of also asking for a letter of support from the State Park

	A request was made to reschedule the September Board meeting due to Primary Day.  Councilwoman Bowman made a motion to reschedule the meeting for Wednesday, September 10th at 8:00 p.m.  The motion was seconded by Councilman Rubeck and a roll call vote taken.

ROLL CALL VOTE:

Councilwoman Bowman	Aye
Councilman Rubeck		Aye
Councilman Czyz		Aye
Councilman Rosiek		Aye
Supervisor Chiavetta 		Aye

5 Ayes and No Nays.  RESOLUTION ADOPTED.

	A request was made to reschedule the public hearing for the Curfew due to a problem with the publication.  Supervisor Chiavetta made a motion to schedule the Public Hearing for 8:15 p.m. on September 10, 2003, the motion was seconded by Councilman Czyz.  MOTION CARRIED.

	A notice of approval from the NYS Board of Fire Underwriters on behalf of LSYF was received and filed.  A request from Councilwoman Bowman to have the Town Clerk forward a copy to the Insurance Agent, seconded by Supervisor Chiavetta.  CARRIED.

	Letter received from Philips Lytle re the minutes of the AT&T correction was previously discussed.

	A letter was received from John Grennell regarding the hiring of special prosecution for the Guadagno case.  Attorney Grennell suggested the use of Attorney James Valone at a discounted rate of $125 hourly.  

	A motion was made by Councilwoman Bowman to accept this request and to have the Town Clerk forward a copy of the minutes to the District Attorney?s office, motion was seconded by Councilman Rosiek.  MOTION CARRIED.

	Councilwoman Bowman made a motion to accept the budget modifications as submitted by the Town Accountant, seconded by Councilman Rubeck.  MOTION CARRIED.

	A letter was received from Joel Giambra regarding Rabies and that the County was dropping vaccines throughout the County and wanted everyone to be informed.  The letter was filed.

	A special meeting regarding the inter-community water leak was previously discussed. 

	Supervisor Chiavetta read a proposed resolution for adoption of a regional water district.  He stated that the approximate cost was $2,000.  As it is desirable to form a Regional Water District to help with the funding and preparing of agreements Councilman Rosiek made a motion to adopt a resolution to join this District, Councilwoman Bowman seconded the motion and a roll call vote taken:

ROLL CALL VOTE:

Councilman Rosiek		Aye
Councilwoman Bowman	Aye
Councilman Czyz		Aye
Councilman Rubeck 		Aye
Supervisor Chiavetta		Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.	

	 A letter was received and filed announcing the monthly Erie County Governments Meeting to be held August 28, 2003 in Eden, New York.     

	Supervisor Chiavetta gave an overview of a contest sponsored by the Erie County Environmental Management Council regarding Recycling.  Supervisor Chiavetta noted that we have one of the most convenient recycling program in the area.  Residents do not have to sort, peel labels, extensively wash items for disposal.  

	Supervisor Chiavetta stated that he wanted to add something to the agenda, the matter of the Secretary to the Supervisor being the County Town Tax Collector.  He stated that he there would have to be a motion to approve the change in the agenda and that he would make this motion.  If no one seconded this matter, there would be no discussion of this matter at this time.  

As there was no second made, Councilman Rosiek stated that if this was to be discussed that this should then be on the agenda for revisiting next month.    

	Councilwoman Bowman stated that the Car seat check went well and that 2 car seats had been given away.  She also stated as a reminder that the Health Fair will be held at the Community Building on August 18th, 2003 from 9 to 11 a.m.

	 A motion was made by Councilman Rubeck and seconded by Councilman Rosiek that General Town Wide Warrant 2003 #8, Vouchers 258-319, totaling $43,548.63, General Town Wide-Payroll Warrant 2003 #8, Vouchers 23-30, totaling $51,203.28, General Fund Part Town 2003 #8, Vouchers 25-28, totaling $13,903.76, Highway Town Wide 2003 #8, Voucher 62-64, totaling $243.03, Highway Part-Town 2003 #8, Vouchers 10-15, totaling $8,813.15, Highway Payroll 2003 #8, Vouchers 13-14, totaling $8,054.81, Lotus Bay Sewer 2003 #8, Voucher 9, totaling $565.37, Street lighting 2003 #8, Voucher 7, totaling $1,565.06, and General Fund Part Town Payroll 2003 #8, Voucher 5, totaling $535.32 and Fire Protection 2003 #8, Vouchers 3-4, totaling $58,948.68 be presented for payment.  MOTION CARRIED.

	A motion was made by Councilwoman Bowman seconded by Councilman Czyz to adjourn the meeting at 8:36 p.m. MOTION CARRIED.

							Respectfully submitted,


							Jamie S. Nolan, Town Clerk
APPROVED BY:


SUPERVISOR CHIAVETTA:						

COUNCILMAN RUBECK:							

COUNCILWOMAN BOWMAN:						

COUNCILMAN CZYZ:							

COUNCILMAN ROSIEK: