Subject to Board Approval

Minutes of the regular meeting of the Brant Town Board at 8:00 PM at the Brant Town Hall, held December 15, 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                         Ed Dion, resident

Also present were:                                                                  Dolly Dion, Resident

Joseph Gardyjan, Planning Board Chairman                          Alice Escott, Town Crier       

Gary Brecker, Building Inspector                                           Diane Czyz, Supervisors Secretary

Lee Brunelli, resident                                                                        

Sherry Hughes, Sun                                                                                       

The meeting was opened at 8:03 PM with a pledge to the flag led by Supervisor Chiavetta.

Councilman Czyz made a motion; seconded by Councilman Rosiek to accept the minutes of the Town Board meeting of November 9, 2004, as submitted by the Town Clerk. 5 ayes   

 MOTION CARRIED: NOVEMBER 9, 2004 MINUTES APPROVED

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

 MOTION CARRIED: SUPERVISORS FINANCIAL REPORT OCTOBER 2004 ACCEPTED

A motion was made by Councilman Rosiek and seconded by Councilman Czyz to accept the Town Clerk’s & the Court Clerks Financial Reconciliation Reports for the month of November 2004.

5 ayes   

 MOTION CARRIED: TOWN CLERKS & COURT CLERKS NOVEMBER FINANCIAL RECONCILIATION REPORT ACCEPTED

Code Enforcement Officer Gary Brecker read from his November 2004 report.  There were some questions from Councilman Pero as to what the complaint calls were about, and Gary Brecker explained. There was a question as to whether demolition was started yet at 10971 Southwestern Blvd., and no it has not, was the answer.   A motion was made by Councilman Pero and seconded by Councilman Arrigo to accept the report. 5 ayes   

MOTION CARRIED: CODE ENFORCEMENT OFFICER’S NOVEMBER REPORT ACCEPTED

A motion was made by Councilman Pero to accept the Dog Control Officer’s report read by Supervisor Chiavetta with a correction as to number of dogs that were taken to the SPCA as submitted by Carl Militello & read by Councilman Rosiek for the month November of and seconded by Councilman Arrigo. 5ayes   

MOTION CARRIED: DOG CONTROL OFFICER’S OCTOBER REPORT ACCEPTED

 The Police Chiefs report was not in the packet but the Town Clerk assured the Board that it was submitted by Chief Wayne Falk but was inadvertently left out of the packet.

The October Planning Report was read by Councilman Czyz with a correction that Dennis Rubeck was in attendance, a motion was made by Councilman Czyz, seconded by Councilman Rosiek and Councilman Arrigo to accept the Planning Board report with correction for the month of October.5 Ayes

Novembers report read by Supervisor Chiavetta had a correction that a motion pertaining to the snow plowing of private roads vote was a draw and did not carry. A motion was made by Councilman Rosiek, seconded by Councilman Pero to accept the Planning Board report with correction for the month of November.  5 Ayes

MOTION CARRIED: OCT. & NOV. PLANNING BOARD MINUTES ACCEPTED

Supervisor Chiavetta reported that he did not have any new information other than the request for funding for the project would be going in as a group application.

Councilman Pero stated that there was nothing new to report for the Brant Revitalization Committee.

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

Mr. Ed Dion commented that the center line on Lotus Point Road was painted and thanked Councilman Czyz for his assistance with a matter at the Seniors Christmas dinner.

Councilman Pero wished to thank everyone for the cards, flowers, visits, etc. since his accident in October.

Mr. Lee Brunelli inquired as to whether the Town was pursuing the issue of collection of School taxes in our Town. The Board responded that another letter would be sent around June 1^st for Evans - Brant Central Schools organizational meeting.

As anyone who wished to be heard on any subject that would not be covered by the public hearings had been acknowledged Supervisor Chiavetta stated that we would move forward.

The Board reviewed letters received from the Association of Towns, Senator Dale Volker, Joseph Bruno of the State Assembly, and the Magistrates concerning the State Budget and the issue of legislation to redirect vehicle and traffic fines back to local governments. Councilman Czyz made a motion to send a resolution to Governor Pataki urging him to sign the legislation. Supervisor Chiavetta will compose after the meeting and it will be inserted in the minutes and sent to the Governor. Councilman Pero seconded the motion to adopt the following resolution.

WHEREAS, the State Senate and the Assembly passed legislation that would repeal the provision in the 2004-2005 State Budget which shifted traffic fine revenues from localities to the state and,

     WHEREAS, the measure, Senate Bill 7757 sponsored by Senator John Bonacic, would shift the ticket revenue back to the localities as provided for under the previous law, and

     WHEREAS, the legislation S.7757, also passed the State Assembly (A11845) and will be sent to You, Governor Pataki, for your consideration, and

     NOW THEREFORE BE IT RESOLVED that we the Brant Town Board urge you to consider the above mentioned legislation. Our Town Budget which relies on the fine revenues distributed pursuant to the provisions of Section 1803 of the V&T Law to cover a large share of the local justice court operations which, if unavailable, would among other things result in increases in the property taxes of already overburdened local residents.

     AND BE IT FURTHER RESOLVED we encourage The Governor of New York to enact and sign the legislation needed to restore the original justice fine distribution which was in effect prior to August 2004. A roll call vote was taken:

Councilman Czyz                               AYE

Councilman Pero                                AYE

Supervisor Chiavetta                           AYE

Councilman Rosiek                             AYE

Councilman Arrigo                              AYE                                

The vote being 5 Ayes and 1 Nays 

MOTION CARRIED: RESOLUTION TO GOVERNOR PATAKI TRAFFIC FINES TO LOCAL GOV’T RESOLTUION 121404- #1

  The Board reviewed resolution which was forwarded to the Board from the City of Tonawanda, Office of the Mayor, concerning sharing the proposed 1% increase in sales tax. Councilman Czyz made a motion to table passing the resolution; the motion to table was seconded by Councilman Rosiek. 5 Ayes

 MOTION TABLED: SHARING OF PROPOSED 1% SALES TAX INCREASE

The Board reviewed a resolution from the Town of Alabama, New York requesting the support of the establishment of a WNY Veterans Cemetery on State owned land in their Town. Councilman Rosiek made a motion to adopt the following resolution. Councilman Czyz asked for discussion, which involved Councilman Czyz comments concerning if the need outweighed the addition of the expense to the taxpayers.  Councilman Pero seconded the motion to adopt and forward the following resolution to Alabama, New York

WHEREAS statistics show there is a need for a State Veterans Cemetery in Western New York,

WHEREAS a State Veterans Cemetery must be located on property by the State of New York,

WHEREAS the State of New York owns property in the Town of Alabama known as the John A. White Memorial Game Farm whose principle use was discontinued five years ago and is ideally situated to serve the needs of the entire Western New York region,

WHEREAS the Town Board of the Town of Alabama unanimously passed a resolution on October 11, 2004 requesting establishment of a State Veterans Cemetery at the above location,

THEREFORE BE IT RESOLVED we, the Town Board of The Town of Brant, fully support the creation of a State Veterans Cemetery in the Town of Alabama, And be it further resolved we encourage the New York State Legislature and the Governor of New York to enact and sign such Legislation needed to establish and fund said Cemetery. A roll call vote was taken:

Councilman Rosiek                             AYE

Councilman Pero                                AYE

Councilman Czyz                               NAY

Councilman Arrigo                              AYE                                 

Supervisor Chiavetta                           AYE

The vote being 4 Ayes and 1 Nay 

MOTION CARRIED: WNY VETERANS CEMETERY RESOLUTION 121404- #2 ADOPTED

 Supervisor Chiavetta read from letters received from NYS Emergency Management Office that the Town will be receiving payment in the amount of $10,660.90 for repair to the Nordblum Road Bridge, and $4,729.01for debris removal at the Brant Town Park and Halley Road and damage to Versailles Plank Rd, Morley Cross Rd, Ellis Rd, and Hammond Rd. The damage was from wind and water damage in the spring of 2004.

There was discussion among the Board members concerning Nordblum Road being a Town Road and where the road stops, also on which part of Shaw Road is Village, and Town.

Councilman Czyz 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 Czyz                               AYE

Supervisor Chiavetta                           AYE

Councilman Rosiek                              AYE

Councilman  Arrigo                             AYE

Councilman Pero                                AYE                               

The vote being 5 Ayes and 0 Nays 

MOTION CARRIED: BUDGET MODIFICATIONS RESOLUTION 121404- #3 ADOPTED

The Town Board reviewed correspondence from Marie Way at the Brinkman –Way Insurance Agency concerning the Towns’ Workers Compensation Policy.  The recommendation was to switch from our present carrier, Perma, to New York State Municipal Worker’s Compensation Alliance. We would be saving $5,964.00 from Perma’s renewal quotation which had a $672.00 increase from last year. Councilman Rosiek made a motion to approve the change to NYS Comp Alliance, and the motion was seconded by Councilman Czyz. 5 Ayes

MOTION CARRIED: CHANGE WORKER’S COMP FROM PERMA TO NYS COMP ALLIANANCE

The Town Board reviewed the bill from the Inter- Community Water Board which was reviewed and approved by I. C. Board and their accountant, Elmar Kiefer for the Inter Comm. Board. Vendors were listed for repairs to the transmission line on Route 5 & Route 20 in Hanover.  Councilman Czyz made a motion to pay the bill; the motion was seconded by Councilman Rosiek.  5 Ayes  

MOTION CARRIED: $1,024.11 APPROVED TO PAY INTER- COMMUNITY WATER BOARD

            Supervisor Chiavetta presented the board with a list of the 2005 Officers from the Brant Volunteer Fire Company.

            Councilman Pero made a motion to set the date of Tuesday, January 4^th at 7 PM for the Boards Organizational Meeting for 2005(which cannot be done Mon. the 3^rd as court is in session at the Hall.), Councilman Czyz seconded the motion. 5 Ayes

MOTION CARRIED: ORGANIZATIONAL MEETING SET FOR MONDAY JANUARY 4^TH 7 PM

            Councilman Pero requested that a new Playground Committee be formed so that some progress can be made with current monies from grants and with future fund requests. He informed the Board that Gina DeMaria has been inquiring as to the status of the Committee and has expressed much interest in moving forward with new projects at the Park.  There is no liaison just for the playground so Councilman Arrigo will work with Gina to review the Master Plan for the Park and to review current conditions and monies available.  The Town Clerk is to put the Committee appointments on the Agenda for the Organizational Meeting.  

Supervisor Chiavetta made a motion to appoint Fred Ball as Code Enforcement Officer/ Building Inspector. Councilman Arrigo seconded the motion. A roll call vote was taken with 5 ayes.

MOTION CARRIED: FRED BALL APPOINTED CODE ENFORCEMENT OFFICER

            There was discussion amongst the Board of the  Code Officer having hours of availability for residents at the Town Hall either be it evening or daytime and Gary Brecker stated that it would behoove the Town to have the assessors, Town Clerk, and Code Officer be available and to work together.

            John Grennell summarized his findings in response to the Boards inquiry as to whether the compensation for Councilman could be modified. The compensation can be modified at the Organizational Meeting downward by a majority vote but an upward modification cannot exceed the budgeted amount. Councilman Arrigo questioned where the information and findings came from, and felt that the findings were incorrect and that information given to the Board previously was also incorrect and not always fully conveyed as this question was answered with a written response.  

            There was discussion about why and how the issue of lower compensation for the Board Members came about. Supervisor Chiavetta stated that during budget talks there was much discussion about different alternatives to holding the budget instead of not giving the town employees a small raise. Councilman Pero expressed his feeling that a 25% decrease would be acceptable if the whole board including the Supervisor also took the decrease.  Councilman Arrigo stated that this is a dangerous step to take and felt the board should move cautiously.

            Councilman Czyz made a motion to approve payment to E & M Engineers for the engineering services of cost estimates for the recreation building rehabilitation of $1,055.00. Supervisor Chiavetta seconded the motion. 5 Ayes

MOTION CARRIED: APPROVAL TO PAY E & M / RECREATION COST ESTIMATE

Councilman Czyz made a motion to adopt the following resolution in support of “Albany Can You Hear Us Now? The motion was seconded by Councilman Pero.

            WHEREAS, the massive expansion in the mandated cost of Medicaid form $143.1 million in 2002 to a projected 198 million in 2005, is bankrupting Erie County; and

WHEREAS, Erie County has no choice, but to fund approximately one quarter of the Medicaid program; and

WHEREAS, every city, town and village has felt and will continue to suffer from the effects of rising Medicaid cost if New York State does not supply relief; and

WHERAS, if New York State dose not cut the county’s local share contribution, the impact of city, town and village residents will be devastating endangering their health, safety and welfare with the loss of essential service, by the elimination of sheriff patrols, district attorneys, probation officers, road repair units, snow plows, curtailed; and

NOW, THEREFORE, BE IT RESOLVED, that the Brant Town Board joins all city, town and village leaders in supporting the “Albany Can You Hear Us Now?” campaign which is demanding that New York State provide vita Medicaid reform that will provide needed mandate relief to local municipalities to provide safety and quality of life programs and initiatives; and be it further

RESOLVED, that certified copies of this resolution be sent Governor Pataki, Assembly Speaker Silver, Senate Majority Leader Bruno, Assembly Majority Leader Tokasz, the local delegation to the New York State Legislature. A roll call vote was taken:

 Councilman Czyz                              AYE

Councilman Pero                                AYE

Supervisor Chiavetta                           AYE

Councilman Rosiek                             AYE

Councilman Arrigo                              AYE                                

The vote being 5 Ayes and 0 Nays 

MOTION CARRIED: RESOLUTION “ALBANY CAN YOU HEAR US NOW?”121404- #4

The next work session will be December 28^th.  The next regular Town Board meeting is scheduled for January 11th, 2004 at 8:00pm.

Supervisor Chiavetta reminded all that there will be a newsletter going out in January after appointments are made and with any other information from any departments.

Supervisor Chiavetta stated that we,(the liaisons & Attorney John Grennell) need to be in contact with BFI and go over the collection for 2005.

A motion was made by Councilman Rosiek and seconded by Councilman Czyz that the abstract for December 14^th, 2004 as follows be approved for payment:  

MOTION CARRIED: DECEMBER ABSTRACT APPROVED FOR PAYMENT

Supervisor Chiavetta made a motion to adjourn the meeting at 9:15 PM in memory of Frank Becker a previous member of the Planning Board who passed away recently, seconded by Councilman Czyz.

 MOTION CARRIED: December 14th, 2004 MEETING ADJOURNED

Respectfully submitted,

Thea A. Ells, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA: ___________________________________

COUNCILMAN ROSIEK:                                                                          __

COUNCILMAN CZYZ:             ___________________________________

COUNCILMAN PERO: Absent                                                     ________

COUNCILMAN ARRIGO:     ____________________________________