Minutes of the regular meeting of the Brant Town Board held on Wednesday, September 10, 2003 at 8:00 p.m., held 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:
Gary Brecker Code Enforcement Officer
Leonard K. Pero Planning Board Chairman
Diane Czyz Supervisor?s Secretary
Joseph Giambrone Highway Superintendent
Lee Brunelli Julie Sager
Diane Czyz Frank Becker
John Arrigo Charlie Arrigo
Marie Way Mick Way
Alice Escott Town Crier
Joe Gardyjan
The meeting was opened with a pledge to the flag led by Councilwoman Ellen Bowman.
Supervisor Chiavetta requested a short time of silence in remembrance of September 11, 2001, this was observed by all present.
Supervisor Chiavetta asked for the first order of business to present Frank Becker with a plaque for his eighteen years of service on the Town of Brant Planning Board. Mr. Becker came forward with his two daughters Julie Sager & Diane Czyz and was awarded the plaque by Supervisor Chiavetta.
Councilwoman Bowman made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of August 12, 2003 as submitted by the Town Clerk. MOTION CARRIED MINUTES ACCEPTED
A Motion was made by Councilwoman Czyz, seconded by Councilman Rosiek to accept the Supervisors financial report for the month of July as submitted. MOTION CARRIED SUPERVISOR FINANCIAL REPORT ACCEPTED
A Motion was made by Councilman Czyz, and seconded by Councilman Rubeck to table the reconciliation reports from the Court Clerks and Town Clerks financial report. MOTION CARRIED TABLE RECONCILIATION COURT & TOWN CLERKS
A motion was made by Councilman Bowman and seconded by Councilwoman Czyz to approve the Code Enforcement Officers report for the month of August as submitted. MOTION CARRIED CEO REPORT
Gary Brecker apologized for his absence during a short time in the summer as he was working for the health dept. but was stationed in Brant, which benefited the town in the end.
A motion was made by Councilman Rubeck, seconded by Councilman Rosiek to accept the Dog Control Officer for August as submitted. MOTION CARRIED DOG REPORT
A motion was made by Councilwoman Bowman seconded by Councilman Rosiek to accept the Police Chiefs report for the month of August as submitted. MOTION CARRIED POLICE REPORT
Supervisor Chiavetta reported on the new water district that is being studied for the areas of Eden, Evans, Brant, and North Collins areas on Route 62 and part of Cain Road. The study is going forward with different alternatives for supply routes being looked into.
There was no Planning Board meeting in August so no report was filed.
Lenny Pero and board had some discussion about the Revitalization committee and the signing of the resolution to approve Erie County Farmland Viability Project.
Supervisor Chiavetta opened the Acknowledgement of Visitors. No one responded.
Supervisor Chiavetta read the statement to be sent advising all interested parties that the Town of Brant and the Village of Farnham has determined that the action of approving the Master Plan will not have a significant impact on the environment, and an Environmental Impact Statement will not be prepared.
Motion made by Councilwoman Bowman to adopt the resolution of non-impact seconded by Councilman Czyz. Roll call vote was taken:
ROLL CALL VOTE:
Councilwoman Bowman Aye
Councilman Czyz Aye
Councilman Rubeck Aye
Councilman Rosiek Aye
Supervisor Chiavetta Aye
5 Ayes 0 Nays NON-IMPACT RESOLUTION
Supervisor Chiavetta stated that the next step is to advertise for a public meeting on the acceptance of the Town of Brant and Village of Farnham Master Plan at the next Board meeting which will be October 14, hearing set for 8:15 at said hearing. Motion made by Councilman Rosiek to set the stated time for the Public Hearing, and Councilman Rubeck seconded the motion. PUBLIC HEARING SET
Councilwoman Bowman made a motion, seconded by Councilman Czyz to adopt a resolution to adopt budget modifications as recommended by the Town Accountant.
ROLL CALL VOTE:
Councilwoman Bowman Aye
Councilman Czyz Aye
Councilman Rosiek Aye
Councilman Rubeck Aye
Supervisor Chiavetta Aye
5 Ayes, 0 Nays. PUBLIC HEARING SET MASTER PLAN
Supervisor Chiavetta read a letter requesting the use of our building for the collection of School taxes from Diana Cafferty of the Town of Evans. The date requested is Friday evening October 10, 2003 during the hours of 5:00 PM and 7:30 pm. Councilman Czyz made a motion to allow the request and Councilman Rubeck seconded the motion. MOTION CARRIED
Supervisor Chiavetta read from a letter he received from Linda Kusior one of the bus drivers for the recreation program requesting to be placed on a permanent list, eliminating the need of sending a letter each year. The board had a short discussion agreeing that the positions are appointed on a yearly basis and that the Supervisors secretary would follow up with a responding letter to that effect.
Supervisor Chiavetta stated that we needed to break for the public hearing on the proposed curfew law.
Town Clerk opened the public hearing by reading the legal notice, which was published in the Hamburg Sun on August 28, 2003.
The Town Attorney summarized the local law, explaining the consistency in our law and the Village of Farnham so that when there is violation near a boundary there is a mirror prosecution and the violation would be clearer to deal with. Attorney John Grennell did state one correction to the public notice that was read in regards to the jail time being 10 days not 15 and that the law would reflect the aforementioned.
There was some discussion among the board concurring the different articles of the law as the copy we have is being adopted from the village. All references to the village would be changed and article 6 would be stricken as it only pertained to the village.
As everyone wanting to be heard had been heard, a motion was made by Councilwoman Bowman to close the public hearing and Councilman Rubeck seconded the motion. MOTION CARRIED PUBLIC HEARING CLOSED
Councilman Marty Rosiek made a motion to adopt the Local Law # 3 for 2003 entitled ?Curfew Law?, Councilman Gene Czyz seconded motion. A roll call vote was taken.
Councilman Rosiek Aye
Councilman Czyz Aye
Councilman Rubeck Aye
Councilwoman Bowman Aye
Supervisor Chiavetta Aye
5 Ayes, 0 Nays: LOCAL LAW #3 ADOPTED
Supervisor Chiavetta read from a letter pertaining to Home Energy Assistance Program and the advertisement of meetings upcoming for some changes in the program. The meetings are in Cheektowaga, Hamburg, and Buffalo the last week of September. Supervisor Chiavetta stated that there are also flyers advertising the program in the Town Hall Foyer.
Supervisor Chiavetta reported on the contract with New York State Department of Agriculture and Markets for the purpose of completing a ?Farmland Viability Project? in the Town of Brant. This Agreement has been an ongoing project and Supervisor Chiavetta is requesting Authorization to sign. Spencer Schofield, Senior Planner of the Dept. of Environment & Planning will call to set a committee meeting to review the Request For Proposals for consultant to complete the work contained in the project proposal. Councilwoman Bowman made a motion for Supervisor Chiavetta to sign the agreement and Councilman Czyz seconded.
ROLL CALL VOTE:
Councilwoman Bowman Aye
Councilman Czyz Aye
Councilman Rubeck Aye
Councilman Rosiek Aye
Supervisor Chiavetta Aye
5 Ayes 0 Nays SUPERVISOR TO SIGN
Councilwoman Bowman made a motion to publicize for bids on the Brant Town Park Wading Pool improvements and to make public that the project shall include handicap accessibility and the project will be funded in part through the Federal Community Development funds. Bids will be opened at the October 14 meeting at 8:30 pm. Motion seconded by Councilman Rubeck.
MOTION CARRIED - TO PUBLICIZE BID OPENING
Supervisor Chiavetta made a motion to publicize for a public hearing to select projects for possible consideration by the Federal Community Development program and review past projects. The public hearing will be set for October 14th at 8:00 pm. Motions seconded by Councilman Rosiek.
MOTON CARRIED ? PUBLIC HEARING SET
An invitation to attend the Association of Erie County Governments meeting on September 25th in Tonawanda, New York was received and filed.
Supervisor Chiavetta made a motion that the Board Ratify and Adopt at this public hearing any and all actions taken at the Emergency Board Meeting on September 4th 2003. Councilwoman Bowman seconded motion.
MOTION CARRIED ? RATIFY & ADOPT SEPT. 4TH ACTIONS
Motion made by Councilman Czyz and seconded by Councilman Rosiek that General Fund Town Wide Warrant 2003 #9, Vouchers 320-379 totaling $3,6289.88, and General Town Wide Payroll 2003 #9, Vouchers 31-45 totaling $4,8828.22, and General Fund Part Town Warrant #9, vouchers 29-31 totaling $8,164.65, and Highway Town Wide 2003 #9, vouchers 65-68 totaling $1,854.59, and Highway Town Wide ? Payroll 2003 #9, vouchers 15-20 totaling $14,265.45, and Highway Part Town 2003 Warrant #9, vouchers 16-21 totaling $16,453.65, and Street Lighting 2003 Warrant #8, voucher 8 totaling $1550.59,and Lotus Bay Sewer District #1 2003 Warrant #3, voucher 3 totaling $ 4,260. 00, General Fund Part Town Payroll was included in General Fund Payroll be presented for payment.
MOTION CARRIED - ABSTRACT ACCEPTED
A motion was made by Councilwoman Rubeck seconded by Councilwoman Bowman to adjourn the meeting at 8:20 p.m. MOTION CARRIED.
Respectfully submitted,
Thea A. Ells, Town Clerk
APPROVED BY:
SUPERVISOR CHIAVETTA:
COUNCILMAN RUBECK:
COUNCILWOMAN BOWMAN:
COUNCILMAN CZYZ:
COUNCILMAN ROSIEK:
