Subject to Board Approval

Minutes of the regular meeting of the Brant Town Board at 8:00 PM, at the Brant Town Hall, held January 11, 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 Arrived at 8:08 PM                         

Attorney John Grennell                          

Recording Secretary: Thea Ells Town Clerk

Also present were:

Joseph Gardyjan, Planning Board Chairman         Charles Arrigo, resident

Ellsworth Nolan, Village DPW                             Lee Brunelli, resident

Diane Czyz, Supervisors’ Secretary                    Brenda Giacchino, Planning Bd Mem.       

Alice Escott, Town Crier                                    Thomas Bowman, Ombudsman Comm.

Sherry Hughes, The Sun                                  Fred Ball Jr., Code Officer            

Ed Dion, resident                                            Gray Brecker, Ret. Code Officer              

Dolly Dion, resident                              

          The meeting was opened 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 December 15, 2004 as submitted by the Town Clerk. 4 ayes

 MOTION CARRIED:  DECEMBER 2004 MINUTES APPROVED

           A Motion was made by Councilman Czyz, seconded by Councilman Rosiek to accept the Supervisors Financial report for the month of November as submitted. 4 ayes

 MOTION CARRIED: SUPERVISOR FINANCIAL REPORT ACCEPTED

           A motion was made by Councilman Rosiek and seconded by Councilman Czyz

 to accept the Justice Court Clerk’s Financial Reconciliation Report for December 2004.

4 ayes

 MOTION CARRIED: COURT CLERK FINANCIAL RECONCILIATION REPORT ACCEPTED

            Retired Code Enforcement Officer Gary Brecker read his report for December 2004. A motion was made by Supervisor Chiavetta and seconded by Councilman Arrigo to accept the report as read. 4 ayes

MOTION CARRIED CODE ENFORCEMENT OFFICER’S REPORT

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

submitted for the month of December, seconded by Councilman Arrigo. 4 ayes

MOTION CARRIED: DOG CONTROL OFFICER’S DECEMBER REPORT ACCEPTED

          A motion was made by Councilman Czyz, seconded by Councilman Arrigo to accept the Police Chiefs report as submitted for the month of November and December 2004. 4 ayes

MOTION CARRIED: POLICE CHIEF’S NOV. & DEC. REPORT ACCEPTED

            Councilman Pero arrived and apologized for lateness

No Planning Board Meeting in December.

According to Supervisor Chiavetta there was a progress report meeting in Eden today for the Southwest Water District. There will be a meeting at the Community Building on January 25 at 7:30 PM. There was discussion concerning the debt threshold and the state’s regulations.

Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda.  There was no response from the visitors.

Councilman Pero made a motion, seconded by Councilmen’s Czyz & Arrigo for the approval of the Supervisor to sign a two year contract with BFI as long as it contains a no higher than 4.5% increase over a two year period. 5 ayes

MOTION CARRIED:  BFI CONTRACT SIGNING APPROVED

Supervisor Chiavetta summarized the status report received from Grant Writer Connie Minor showing the grants received and denied, current grants submitted and grants pending.

Councilman Pero made a motion to approve the contract signing with Connie Miner with an increase to $14,800.00 annual salary. The motion was seconded by Councilman Czyz. 5 ayes

MOTION CARRIED:  GRANT WRITER CONTRACT SIGNING APPROVED

          Supervisor Chiavetta read from the Association of Towns a copy of the preliminary 2005 Legislative Program and the resolutions published there in that would be up for vote at the Annual Meeting in February in New York City. Resolutions submitted 15 days prior to the 2005 annual meeting would also be considered. Resolution 1 – Collateral Source Legislation NYS, Resolution 2- Tort Reform, Resolution 3- Compulsory Binding Arbitration Resolution, 4- Preserve Local Control over Health Insurance Benefits, Resolution 5- Medicaid Reform Cable Franchise Fees, Resolution 6- reforming WICKS Law & Prevailing Wage, Resolution 7-  to retain and bolster Firefighter and EMS Recruitment, Resolution 8- to reform Highway funding, Resolution 9- address Property Tax Exemptions, Resolution 10 – Reform Condominium Assessments, Resolution 11- Help America Vote Act, Resolution 12- Verification of #11, Resolution 13- Police Report Fee Reform, Resolution 14- ATV access to town land and roads, Resolution 15- Reclassify ATV’s to recreational vehicles, Resolution 16- Speed Limits on all town roads.

          Supervisor Chiavetta read excerpts of a letter which was sent to the Supervisor, Board Members, and the Town Clerk  from the Chief Examiner of Local Government Services and Economic Development for their consideration and action after revisiting the Town on December 13, 2004.  Supervisor Chiavetta read from a paragraph stating that a cursory review of the Town Clerks records found them to be complete and organized. The letter also stated that they encourage us to continue with our efforts to strengthen the Town’s internal controls and to provide for a process to periodically and effectively review the records and procedures of the Town Clerk and all other Town officers who collect and disburse monies on behalf of the town.

Supervisor Chiavetta announced that a Supervisor’s Newsletter would be going out soon and all departments are encouraged to submit any news or information.

The Board received a request from Louis Palma of Erie County’s Office of Veterans Services to pass a resolution in favor of a proposed veteran’s cemetery at the 52 acre site at the Mount Calvary Cemetery in Cheektowaga. Councilman Czyz made a motion to table the resolution, and the motion was seconded by Councilman Rosiek.  5 ayes

MOTION TABLED: TABLED CONSIDERATION OF VETERANS CEMETERY IN CHEEKTOWAGA

Supervisor Chiavetta made a motion to pre-approve the request from Judge Gugino for a $50.00 Postage Petty Cash fund and from Judge Ritz for a $100.00 as long as each does not exceed the legal limit and is allowable for each court to have two petty cash’s.  Councilman Czyz seconded the motion. 5 ayes     

MOTION CARRIED: COURTS TO HAVE POSTAGE PETTY CASH

The Board Members received copies of a letter from the Deputy Comptrollers Office containing the cost thresholds for use in determining whether approval of the State Comptroller is necessary for certain special districts in the year 2005.  The procedures and guidelines are included in the letter as to notification to their office and what requirements must be met and the average estimated costs for county and town special improvement districts.

          Supervisor Chiavetta read from a letter received from the regional director of the Office of Real Property Services with congratulations for the Town’s successful completion of an annual reassessment of the 2004 assessment roll.  The Town will be receiving $6,775.00 in State Aid to offset the cost of    

The Board Members received notification of the Association of Erie County Government monthly meeting at Michaels on January 27^th this month.

Councilman Rosiek made a motion to approve the budget modifications thru November per the Town Accountant, which are in the Minute Book seconded by Councilman Czyz. A roll call vote was taken:

Councilman Rosiek             Aye

Councilman Czyz                Aye

Councilman Arrigo              Aye

Councilman Pero                Aye

Supervisor Chiavetta          Aye

5 Ayes  0 Nays

 RESOLUTION APPROVED: BUDGET MODIFICATIONS APPROVED

Councilman Czyz made a motion to approve the Supervisor to sign the Contract for Community Concern for funding per the 2005 budget amount of $5,500.00; the motion was seconded by Councilman Arrigo. 5 ayes

MOTION CARRIED: SUPERVISOR TO SIGN COMMUNITY CONCERN CONTRACT

          Supervisor Chiavetta acknowledged a request to an overdue Flag Response which needs immediate response.  The Board discussed the Ellis Road Bridge with Highway Superintendent Joseph Giambrone and came to the agreement to send the notice to Engineer, Glen Colley to submit a plan of action for the situation.

The Board acknowledged a request from Bill and Maureen Stamp concerning the relocation of a street light on Old Lake Shore Road.  Chief Wayne Falk wrote a letter of recommendation that it would be beneficial to move the light.. Location of the pole number given is MM#53/NYT#418 near 10394 OLS Rd and new location would be aprox.100’ west to NM#52/NYT#417. Supervisor Chiavetta stated that the Town would contact Niagara Mohawk for relocation

          Supervisor Chiavetta stated that the Board members had recently received a letter from Judge Ritz and asked the Board members to review it to go over at the next work session.

A motion was made by Councilman Czyz and seconded by Councilman Rosiek that the abstract from January 11, 2005 as follows be approved for payment

Abstract 1-2005

Abstract 13- 2004

MOTION CARRIED: JANUARY ABSTRACT 13-2004 & 1-2005 APPROVED FOR PAYMENT

Councilman Arrigo brought forward a motion to have Joe Giambrone obtain bids for the roof of the Highway Garage and the Recreation Building. Councilman Czyz seconded the motion. 5 ayes

MOTION CARRIED: OBTAIN BIDS FOR ROOFS

Councilman Rosiek, seconded by Councilman Czyz made a motion to adjourn the meeting in Memory of Louise Muffoletto a resident who passed away recently the Board extends their sympathy to her family at 8:47 p.m.

MOTION CARRIED: JANUARY 11, 2005 MEETING ADJOURNED IN MEMORY OF LOUISE MUFFOLETTO

Respectfully submitted,

_________________________

Thea A. Ells, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA: __________________________________________

COUNCILMAN ROSIEK:      ___________________________________________                                                                 

COUNCILMAN CZYZ:             ___________________________________________                                                              

COUNCILMAN ARRIGO:     _____________________________________________

COUNCILMAN PERO:           _____________________________________________