Minutes of the regular meeting of the Brant Town Board and Public Hearing regarding the Preliminary Budget for 2004 at 8:15 pm, at the Brant Town Hall, held on November 12, 2003, at 1294 Brant-N. Collins Rd, Brant, New York.

There were present:

Supervisor Samuel J. Chiavetta                     

Councilwoman Ellen Bowman                      

Councilman Martin Rosiek                

Councilman Eugene Czyz                             

Attorney John Grennell                                  

Absent were:

Councilman Dennis Rubeck

Recording Secretary: Thea Ells Town Clerk

Also present were:

Leonard K. Pero Planning Board Chairman              

Diane Czyz     Supervisor’s Secretary                       

Gary Brecker Code Enforcement Officer                

Julie Sager       Board Secretary (Plan& Zoning)                   

Joseph Giambrone      Highway Superintendent       

George Cordia Village of Farnham Trustee              

John Arrigo     newly elected Councilman                 

Lee Brunelli    Jean Brunelli              

Debra Ritz       newly elected Judge                                                  

Joseph Gardyjan resident                   

Bill Henry       resident                      

Tracy Matteson Election Inspector    

Diane Garrido             resident                      

Catherine Eimers   resident               

Alice Escott    Town Crier                 

Sherry Hughes The Sun                     

            The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.

            Supervisor Chiavetta informed the board and those in attendance that there was a public hearing at 8:15 pm and we would break for that at the appointed time and then go back to regular business.

            Councilwoman Bowman made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of October 14 as submitted by the Town Clerk.  MOTION CARRIED, MINUTES APPROVED

            A Motion was made by Councilman Czyz, seconded by Councilman Rosiek to accept the Supervisors Financial report for the month of September as submitted.  MOTION CARRIED, SUPERVISOR FINANCIAL REPORT ACCEPTED

 A motion was made by Councilman Rosiek and seconded by Councilwoman Bowman

 to accept the Town Clerks October Financial Reconciliation Reports, and the Justice Court Clerk’s Financial Reconciliation Report for September and October. MOTION CARRIED. TOWN CLERK & COURT CLERK FINANCIAL RECONCILIATION REPORT ACCEPTED

A motion was made by Councilman Czyz and seconded by Councilwoman Bowman to accept the Code Enforcement Officer’s report for October as submitted.  MOTION CARRIED.     CODE ENFORCEMENT OFFICER’S REPORT ACCEPTED

A motion was made by Councilwoman Czyz to accept the Dog Control Officer’s report as submitted for the month of October, seconded by Councilman Rosiek. A report from NYS Dept. of Agriculture & Markets for DCO compliance for Carl Militello was attached and a letter of interest for the position of DCO for 2004. MOTION CARRIED DOG CONTROL OFFICER’S REPORT ACCEPTED

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

POLICE CHIEF’S REPORT ACCEPTED

Councilwoman Bowman made a motion to accept the planning board minutes as submitted; Councilman Rosiek seconded the motion, to include change that Councilman Rosiek was in attendance at the meeting.  MOTION CARRIED.

PLANNING BOARD MINUTES ACCEPTED WITH CORRECTION

Supervisor Chiavetta gave a verbal report stating that he hadn’t heard anything more from R&D Engineering on the transmission line. Supervisor Chiavetta stated that they got some information from us about a month ago and they haven’t scheduled another meeting yet.  Councilman Rosiek asked if there was a possibility in January of appointing a Water Committee

so they could begin looking to future issues with the farm contract, transmission line etc. Supervisor Chiavetta suggested that they get people from each area and Councilman Rosiek added that some members should be from the old Water Committee.  Councilman Czyz stated that he would like to be included in that committee.  Supervisor Chiavetta stated that they would start that the first of the year.

Len Pero stated that the Brant Revitalization Committee was looking into, with the Brant Farnham Economic Development Corporation on setting up a 501-C-3 not for profit status so they could get some projects done in town.  Len also reported that the Brant Store should be open about the end of the month.

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

Mr. Joseph Garydjan stated that he spoke with Sergeant Delgado about the complaints of people dumping garbage on the roadsides in Brant and also spoke sixth Deputy Eli. They will be putting more vehicles on this issue and suggested that the town think about advertising fines and violations so that people will be exposed for violations. Len Pero asked who was in charge of the fines imposed on violators. Supervisor Chiavetta stated that the courts set the fines. Mr. Gardyjan stated that these violations were costing the taxpayers more money also for clean up etc.

Mr. Henry questioned the amount of fines and that some towns are issuing more dollars per fine.  Attorney John Grennell answered that we are working under the General Municipal Laws governing towns of different classes and fines are mandated to an extent by the class of town.

As no one else wished to add anything Supervisor Chiavetta stated that we would move along.

Councilwoman Bowman made a motion, seconded by Councilman Cyzy, for a resolution-authorizing budget changes as requested by the Town Accountant

A roll Call vote was taken:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Supervisor Chiavetta              Aye

4 AYES 0 NAYS RESOLUTION APPROVED BUDGET MODIFICATIONS APPROVED

Councilman Czyz made a motion to approve the attached resolution, which Supervisor Chiavetta read in entirety, for the Town of Brant employees to enter into the NYS Deferred Compensation Plan at their discretion, seconded by Councilman Rosiek.

 A roll call vote was taken:

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Councilwoman Bowman        Aye

Supervisor Chiavetta              Aye

4 AYES O NAYS RESOLUTION APPROVED NYS DEFERRED COMPENSATION PLAN APPROVED

            Supervisor Chiavetta stated that it was 8:15 pm and the Public Hearing will begin.

Public Hearing opened with the Town Clerk Thea Ells reading the legal notice, which was published in the Hamburg Sun October 23, 2003 issue.

LEGAL NOTICE

TOWN OF BRANT

NOTICE OF HEARING ON THE PRELIMINARY BUDGET

FOR THE YEAR 2004

Notice is hereby given that the Preliminary Budget of the Town of Brant for the fiscal year beginning January 1, 2004 has been completed and filed in the office of the Town Clerk at Brant, New York, where it is available for inspection by any interested person during regular business hours.

Further notice is hereby given that the Town Board of the Town of Brant will meet and review the Preliminary Budget and hold a Public Hearing thereon at the Brant Town Hall at 8:15 p.m. on the 12^th day of November 2003 and at such hearing any person may be heard in favor or against any items therein contained.

Further notice is given pursuant to Section 108 of the Town Law the proposed salaries of the following Town Offices are hereby specified as follows:

Supervisor                               $14,370.00

Councilman (4) each               $ 4,140.00

Town Clerk/Tax Collector      $23,400.00

Superintendent of Highways  $21,200.00

DATED:         October 28, 2003

                        BY THE ORDER OF THE

                        BRANT TOWN BOARD

Thea A. Ells

                        TOWN CLERK

Supervisor Chiavetta stated that some people had copies of the budget and we could begin to go through items. Some of the highlights should include that all employees across the board got an increase of 3.5% and that assessments play a major role in the budget.  There was a change in a settlement with the railroad properties and this year we are paying back the amount of $45,000, that item is on page of 4 of 6 of the general fund at the bottom of the page. Supervisor Chiavetta stated that other utilities have had reduction in their assessments but none have ever received a refund of previously paid taxes, so this is a new item on the agenda. Councilman Czyz requested that they go over the budget page by page. Councilwoman Bowman stated her disagreement with the raise for the elected officials in particular, so noted. 

Councilwoman Bowman made a motion that the line item A1110.13 Court Administrator – in the amount of $2,000.00 shall be deleted from the budget, seconded by Councilman Czyz.

MOTON CARRIED A1110.13 REMOVED FORM BUDGET 

Debra Ritz questioned the line A1110.14 where the description was typed incorrectly per Supervisor Chiavetta, which will read differently to reflect that it covers bailiff for both judges.

Councilman Czyz made a motion to increase the court clerks’ personal services each by $1,000.00 from the line item that was removed above. There was no second. Line item A1110.11and A1110.12 will remain the same.

There was some discussion on salaries and the increase in salaries but a decrease in hours in some offices. Lee Brunelli suggested a 2% increase the same as social security.

There was a question from Bill Henry concerning the loss of the collection of school taxes and the loss of repayment for clerk’s hours and the use of the equipment.  The board agreed that it would behoove the Town of Brant to request that Evans Brant School District reinstate School Tax Collection to the Brant Town Clerk.

Supervisor Chiavetta highlighted the line A1440.4 and identified it as a new item and that with the future water transmission issues, etc. they felt compelled to include this item for possible engineering costs for plans and or attendance of meetings, etc.

Supervisor Chiavetta went over new figures for page 5 0F 6 as more information was available to him. A1120 - $35,000.00, A1255 - $2,000.00, A1520 – 75.00, A2001 - $8,000.00, a2025 - $1,500.00, A2401 - $3,000, A2410 - $3,000, A2540 - $750.00, A2544 - $2,000, A2610 - $95,000, A2610.1 - $400.00, A2770 - $500.00, A3005 - $30,000.00, A3040 - $1,500.00, A3089 is grant amounts.  Supervisor Chiavetta stated that these figures change the amount to be raised by taxes, so the figure in A1001 should read $437,492.00.

Supervisor Chiavetta stated that the changes in the Brant Farnham Sewer District and the Lotus Bay Sewer District reflect the changes for maintenance which will now be done by Erie County not through the Town Budget although bonds are still due.

John Arrigo asked if there was any funding or monies available for playground equipment and there was discussion on what we had available and the purchasing of equipment. They reviewed the grants available.

Councilman Czyz made a motion, seconded by Councilwoman Bowman to close the public hearing. MOTION CARRIED PUBLIC HEARING CLOSED

Councilman Czyz made a motion to adopt the modified budget for 2004, seconded by Councilman Rosiek.

A roll call vote was taken:

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Councilwoman Bowman        Nay

Supervisor Chiavetta              Aye

3 AYES 1 NAY RESOLUTION PASSED 2004 MODIFIED BUDGET APPROVED

The Brant Town Board regretfully accepted Lee Brunelli’s letter of resignation from the Planning Board effective immediately.

            Lenny Pero requested that the Board place an ad in the local Penny Saver requesting residents interested in serving on the Planning Board to contact the Board.  There are a number of vacancies to fill on the board. The Town Clerk will place the ad.

            Supervisor Chiavetta read from a letter from U. S. Senator Charles Schumer regarding informing the public of possible returns of money from the IRS. The Town Clerk will post letter in the Town Hall.

            Supervisor Chiavetta referred to an article in the Buffalo News regarding Erie County Insurance Program.

            Supervisor Chiavetta made a motion, seconded by Councilman Czyz to set a public hearing for the Town of Brant to enter into joint service contracts for fire protection and ambulance service with North Collins Volunteer Fire Department, Village of Farnham/Farnham First Aid Squad/Farnham Volunteer Fire Dept., and the Town of North Collins/North Collins Emergency Squad, Inc.

MOTION CARRIED PUBLIC HEARING SET FOR FIRE PROTECION & AMBULANCE SERVICE FOR DECEMBER 9^TH   AT 8:15 PM

Councilwoman Bowman made a motion to authorize Supervisor Chiavetta to sign the 2004 DWI contract with New York State, seconded by councilman Czyz.

  A roll call vote was taken:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Supervisor Chiavetta              Aye

4 Ayes 0 Nays   

 RESOLUTION CARRIED SUPERVISOR AUTHORIZED TO SIGN DWI CONTRACT

Councilwoman Bowman made a motion, seconded by Councilman Czyz to renew the contracts with the Grants Writer, Connie Miner, and the Town Accountant, Gryska & Associates at the amounts reflected in the Adopted Budget for 2004                                                               MOTION CARRIED   RENEW CONTRACTS

Supervisor Chiavetta made a motion seconded by Councilman Czyz to set the date for the Organizational Meeting for 2004 on Monday January 5^th at 8:00 pm.                                      MOTION CARRIED ORGANIZATIONAL MEETING SET MONDAY JANUARY 5, 2004

Supervisor Chiavetta recognized a letter received from resident Diane Garrido concerning well drilling on their property and the issues they faced with previous owners using an unlicensed well driller.  They notified the Board that they received a settlement and they wanted the Town to

Ban unlicensed drilling.  Supervisor Chiavetta stated that maybe the possibility of a homeowner packet concerning subjects such as well drilling and/or hiring home improvement etc. and understanding their rights and concerns they should be aware of. Gary Brecker stated that drillers have certification requirements and they should have the certification on the side of their vehicles and Erie County Health Dept. should be notified if not in compliance. There was further discussion, no action taken.

Supervisor Chiavetta stated that they would try to set up a meeting for the Farmland Viability for Wednesday December 10^th at 8:00pm at the Brant Town Hall

Supervisor Chiavetta announced that the Association of Erie County Governments next meeting is on November 20th, 2003 at Michaels in Hamburg.

            Supervisor Chiavetta read from a letter concerning speed reduction on Route 5 between Village of Farnham line and Cain Road, Town of Brant and they would be conducting a study.

Next Town Board meeting is scheduled for December 9^th at 8:00pm.

A motion was made by Councilwoman Bowman and seconded by Councilman Rosiek that General Town Wide 2003 #11, Vouchers 421-484, totaling $55,293.77, General Town Wide-Payroll 2003 #11, Vouchers 49-54, totaling $28,969.49, General Fund Part Town 2003 #11, Vouchers 36-38, totaling $8,410.92, General Fund Part Town Payroll Vouchers 7-8 totaling $1,058.51, Highway Town Wide 2003 #11, Voucher 83-91, totaling $6,228.65, Highway Payroll 2003 #11, Vouchers 25-28, totaling $7,597.19, Lotus Bay Sewer 2003 #11, Vouchers 13 totaling $235.40,  Street lighting 2003 #11, totaling $1,792.74, be presented for payment.  MOTION CARRIED ABSTRACT APPROVED FOR PAYMENT

            A motion was made by Councilman Czyz, seconded by Councilwoman Bowman to adjourn the meeting at 9:15 p.m. MOTION CARRIED.

Respectfully submitted,

Thea A. Ells, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA: ___________________________________

COUNCILMAN RUBECK:                                                                         

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK: