Minutes of the regular meeting held on Wednesday November 9, 2005 of the Brant Town Board at 8:00 PM at the Brant Town Hall, 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: Town Clerk Thea A. Ells Also present were: Alice Escott, Town Crier Lee & Jean Brunelli, resident Bill Wesp, Deputy Hwy Super Kirk Ritz, resident Melanie Larson, The Sun Ed Dion, resident Christine & Dave Gierlinger, resident Tom Banzer, Brant Auto Parts George Cordia Jr. Village Trustee Joseph Giambrone, Hwy. Super Janet Bowman Assessors Clerk Joseph Gardyjan, Planning Board Chairman Diane Czyz, Supervisor Secretary The meeting was opened at 8:00 PM with a pledge to the flag led by Supervisor Chiavetta. On a motion from Councilman Czyz, seconded by Councilman Rosiek, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE OCTOBER 2005 TOWN BOARD MINUTES ARE APPROVED On a motion from Councilman Rosiek, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE SUPERVISORS SEPTEMBER FINANCIAL REPORT BE ACCEPTED On a motion from Councilman Czyz, seconded by Councilman Arrigo, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE TOWN CLERKS OCTOBER FINANCIAL RECONCILIATION REPORT BE ACCEPTED On a motion from Councilman Rosiek, seconded by Supervisor Chiavetta, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE JUSTICE CLERKS OCTOBER FINANCIAL RECONCILIATION REPORT BE ACCEPTED NO CODE ENFORCEMENT OFFICER?S OCTOBER REPORT On a motion from Councilman Rosiek, seconded by Councilman Pero, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE OCTOBER DOG CONTROL OFFICERS REPORT BE ACCEPTED On a motion from Councilman Arrigo, seconded by Councilman Pero, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE OCTOBER POLICE CHIEF?S REPORT BE ACCEPTED On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE TOWN CLERKS OCTOBER REPORT BE ACCEPTED On a motion from Supervisor Chiavetta, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE OCTOBER PLANNING BOARD REPORT BE ACCEPTED All Department Reports are attached in Minute Book; Financial reports are filed in respective offices. WATER DISTRICT: There is a meeting with Senator Dale Volker on November 17th. BRANT REVITALIZATION COMMITTEE: Nothing new to report. Supervisor Chiavetta opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns that are not listed on the agenda. THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED. NEW BUSINESS: Item 1) Supervisor Chiavetta presented an overview of the budget taking into consideration the possibility of a 7.2% reduction in revenue from sales tax which would increase the amount needed to be raised from property taxes. The budget showed an overall reduction of $.65 per thousand if a home was in all the special districts. Amounts given were: General Fund Town Wide: 2005 4.63 per thousand, 2006 3.55- Highway Town Wide: 2005 - 8.5, 2006 7.8; Fire Protection 2005 ? 1.8- 2006 2.07, Lighting District about same, Brant Water 2005: 7.62 ? 2006- 6.97. Supervisor Chiavetta stated that on an average $100,000.00 home a decrease of about $64.00. We had a Public Hearing on the budget and there was an allotment for window replacement on buildings and the reserves are in good shape. Councilman Pero questioned why there was no one but himself and Councilman Arrigo at the last scheduled workshop for the budget and that the General Town Wide Budget presented tonight reflected different figures than the tentative and preliminary budget. Councilman Arrigo questioned a reduction in Recreation funds, Supervisors? personal services, Town Board, Police, and Pool. On a motion from Councilman Arrigo, seconded by Councilman Pero, the following motion was ADOPTED: 5 AYE 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero RESOLVED TO TABLE THE APPROVAL OF THE 2006 BUDGET AND SCHEDULE A TOWN BOARD MEETING FOR MONDAY NOVEMBER 14TH AT 7:00 PM. Item 2) On a motion from Supervisor Chiavetta, seconded by Councilman Rosiek, the following resolution 110905-#1was Adopted: 5 AYE 0 NAY, a roll call vote was taken Councilman John Arrigo Voting Aye Councilman Leonard Pero Voting Aye Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman Martin Rosiek Voting Aye Councilman Eugene Czyz Voting Aye WHEREAS, Thirty-four municipalities within Erie County, New York are participating members of the Erie County Community Development Block Grant Consortium: and WHEREAS, Said municipalities have entered into various contracts with Erie County committing to said membership and agreeing to have municipal population, poverty, housing stock and other variable included in the federal CDBG entitlement calculation: and WHEREAS, Erie County and the Erie County Consortium have entered into memoranda of understanding and organization by-laws defining CDBG responsibilities and policies concerning the administration of the CDBG Urban County Program within Erie County: and WHEREAS, The Erie County Department of Environment and Planning is the agency within Erie County designated to administer the Erie County Development Block Grant Program on behalf of Consortium Communities: and WHEREAS, The municipalities comprising the Erie County CDBG Consortium have enjoyed a sound working relationship with Erie County Department of Environment and Planning in the administration of the CDBG Program since 1977; and WHEREAS, The Buffalo Niagara Partnership and Erie County Industrial Development Agency are recommending a transfer of administrative responsibilities from Erie County Department of Environment and Planning to the Erie County Industrial Development Agency; and WHEREAS, The Erie County CDBG Consortium are required to approve major changes to the Memoranda of Understanding, By Laws, Five Year Consolidated plan, and Annual Action Plan Component of said Plan, and any amendments thereto; and WHEREAS, Said transfer would require execution to of a detailed sub-recipient agreement between Erie County Industrial Agency and Erie County; and WHEREAS, Said transfer would represent a major administrative change in the Erie County CDBG Program requiring the following action by the Consortium: 1) Amendments to all agreement governing the Erie County CDBG Program, 2) Amendments to the applicable Annual Action Plan of the 2005-2009 Consolidated Plan, NOW, THEREFORE, BE IT RESOLVED, That the Town Board of the Town of Brant opposes any change to the existing administrative structure of the Erie County CDBG Program; and be it further RESOLVED, That copies of this resolution shall be forwarded to our Erie County Legislator Jeanne Chase for information when considering any action necessary to approve the aforementioned Sub Recipient Agreement between Erie County and the ECIDA or similar organization; and be it further RESOLVED, That copies of this resolution be forwarded to the Erie County Executive; the Commissioner of the Department of Environment and Planning; The Erie County Attorney; the Director of the Erie County Industrial Development Agency and the President of the Buffalo Niagara Partnership. Item 3) On a motion from Supervisor Chiavetta, seconded by Councilman Arrigo the following resolution 110905-#2 was Adopted: 5 Aye - 0 Nay, a roll call vote was taken Supervisor Samuel J. Chiavetta, Jr Voting Aye Councilman John Arrigo Voting Aye Councilman Martin Rosiek Voting Aye Councilman Eugene Czyz Voting Aye Councilman Leonard Pero Voting Aye RESOLVED THAT THE TOWN OF BRANT ENTER INTO A CONTRACT WITH THE COUNTY OF ERIE TO ENSURE EFFORTS TO REDUCE ALCOHOL-RELATED TRAFFIC INJURIES AND FATALITIES BY ENGAGING IN CERTAIN ALCOHOL TRAFFIC SAFETY ENFORCEMENT ACTIVITIES WITHIN OUR MUNICIPALITY INCLUDING THE DETECTION AND ARREST OF PERSONS OPERATING A MOTOR VEHICLE IN VIOLATION OF SECTION 1192, SECTION 511(2) (A)(II) OR (III) OR SECTION 511(3))(I) OF THE VEHICLE AND TRAFFIC LAW. WHEREAS, The Town of Brant has participated in the Stop-DWI program in the past, and WHEREAS, it is necessary for the Town of Brant to submit a original signature resolution, NOW, THEREFORE, it is RESOLVED, that the Town of Brant does hereby desire to enter into a contract with the County of Erie for the year 2005-2006 in order to help reduce alcohol-related traffic injuries by the Stop-DWI Program. BE IT FURTHER RESOLVED that copies of this Resolution be sent to the County of Erie with supporting documents. Item 4) The Board recognized the receipt of a letter from New York State Real Property Services concerning Erie County Assessment Administration Activities which informs the Towns of State Aid available for programs, Assessment Equity Activity, public relations, RPS activities, training, sales transmittals, and equalization status. Item 5) The Board acknowledged a letter from the Village of Farnham with a thank you for assistance the Highway Superintendent supplied for some of their Recreation Park Project. Item 6) The Board acknowledged receipt of a letter from David and Karen Swartzwelder in reference to their home being sold with a thank you for the removal of semi trucks next to their home. Item 7) The Board acknowledged receipt of a letter to Chief Falk from James Przepasniak, Principal of the Brant School thanking him for his participation with their Fall Festival. Item 8) The Board acknowledged a request from the Highway Superintendent to change a laborer from hourly pay to salary. There was discussion that it would not be a change in the amount just the payment schedule. On a motion from Supervisor Chiavetta, seconded by Councilman Czyz, the following motion was Adopted: 5 ayes - 0 nays Ayes 3 Chiavetta, Rosiek, Czyz, Nays 2 Arrigo Pero RESOLVED THAT MARK REYNOLDS A LABORER FOR THE HIGHWAY DEPT. RECEIVE HIS PAY AS SALARY INSTEAD OF HOURLY for 2006 Item 9) The Board acknowledged notice of the Association of Erie County Governments and Village Officials Association monthly meeting at Salvatore?s on Thursday November 17, 2005. Old Business The Board acknowledged receipt of a letter from NYSDOT concerning the Boards request for a speed reduction on Milestrip Rd. which was denied. On a motion from Councilman Arrigo and seconded by Supervisor Chiavetta the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO APPROVE THE OCTOBER ABSTRACT AS SHOWN FOR PAYMENT ABSTRACT 11 for the year 2005 General Fund Town wide Vouchers 391-425 Totaling: $17,919.80 Highway Town Wide Voucher 86-98 Totaling: $9,916.50 General Fund Part Town Vouchers 15-29 Totaling: $12,527.90 Street lighting Voucher 10 Totaling: $1,909.18 On a motion from Supervisor Chiavetta, and seconded by Councilman Pero the following was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO ADJOURN THE NOVEMBER MEETING AT 8:36 P.M. Respectfully submitted, Thea A. Ells Brant Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: COUNCILMAN ROSIEK: COUNCILMAN CZYZ: COUNCILMAN ARRIGO: COUNCILMAN PERO: