Minutes of the regular meeting of the Brant Town Board at 8:00 PM and Public Hearing regarding the Fire Protection & Ambulance Service Contracts at 8:15 pm, at the Brant Town Hall, held on December 9, 2003, at 1294 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 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 John Arrigo, newly elected Councilman Carl Militello, Dog Control Officer Yvonne Militello, Deputy DCO Lee Brunelli, resident Jean Brunelli, resident Ed Dion, resident Dolly Dion, resident Donna Marien, resident Joseph Gardyjan, resident Bill Henry, 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 November 12 as submitted by the Town Clerk. MOTION CARRIED, MINUTES APPROVED Supervisor Chiavetta read from a plaque, which was presented to Lee Brunelli for 27 years of service on the Brant Planning Board. Supervisor Chiavetta read from a plaque and presented such to Councilman Rubeck for his 12 years of service to the Town of Brant as a Councilman. Supervisor Chiavetta read from a plaque and presented such to Councilwoman Bowman for her 8 years of service to the Town of Brant as a Councilwoman. A Motion was made by Councilman Rosiek, seconded by Councilman Czyz to accept the Supervisors Financial report for the month of October as submitted. MOTION CARRIED, SUPERVISOR FINANCIAL REPORT ACCEPTED A motion was made by Councilwoman Bowman and seconded by Councilman Rosiek to accept the Justice Court Clerk?s Financial Reconciliation Report for November. MOTION CARRIED. COURT CLERK FINANCIAL RECONCILIATION REPORT ACCEPTED A motion was made by Councilman Rosiek and seconded by Councilman Czyz to accept the Code Enforcement Officer?s report for November as submitted, and read by Councilman Rosiek MOTION CARRIED. CODE ENFORCEMENT OFFICER?S REPORT ACCEPTED Code Officer Gary Brecker read from a letter received from Advantage Sign stating that they are not accepting the property owners? request not to apply for a variance and they want to continue in the process as they have a contract with the owners. Mr. Brecker asked for guidance from the Board as to how to proceed, as there is a moratorium in place. Mr. Grennell and the Board agreed that after the moratorium they are obliged to due process and they can apply for a variance hearing. A motion was made by Councilwoman Bowman to accept the Dog Control Officer?s report as submitted and read for the month of November, seconded by Councilman Rubeck. Attached was a statement from Carl Militello that the dog census was complete to the best of his knowledge MOTION CARRIED DOG CONTROL OFFICER?S REPORT ACCEPTED Supervisor Chiavetta stated that it was 8:15 pm and the Public Hearing would begin. Public Hearing opened with the Town Clerk Thea Ells reading the legal notices, which were published in the Hamburg Sun November 27, 2003 issue. Legal notices are filed with the Minute Attachment Book. Fire Protection with the Village of North Collins Fire Co. Fire Protection with the Village of Farnham Fire Dept Fire Protection with the Brant Fire Co.#1 Ambulance Service with the Village of Farnham Fire Dept. / First Aid Squad Supervisor Chiavetta stated that the contracts are the same as the last signing which is for five years with increase compounded at 10% each year and with payments at semi annual intervals on July 15th and December 15th of each year. North Collins amounts as follows 2004- $6,483.50, 2005 $7,132.79, 2006 $7,846.07, 2007 $8,630.17, 2008 $9,493.74. Brant and Farnham the same amounts for fire as follows, 2004 $64,843.56, 2005 $71,327.92, 2006 $78,460.71, 2007 $86,301.78, and 2008 $94,937.48. Farnham for ambulance 2004 $24,157.65, 2005 $26,573.42, 2006 $29,230.76, 2007 32,153.84, 2008 $35,369.22. Councilman Rubeck made a motion, seconded by Councilwoman Bowman to close the public hearing. MOTION CARRIED PUBLIC HEARING CLOSED Councilman Czyz made a motion, seconded by Councilman Rosiek to authorize supervisor Chiavetta to sign the fire contracts with Village of North Collins, Village of Farnham (fire & ambulance) and Brant Fire Co., as presented to and approved by the Board A roll Call vote was taken: Councilman Czyz Aye Councilman Rosiek Aye Councilman Rubeck Aye Councilwoman Bowman Aye Supervisor Chiavetta Aye 5 AYES 0 NAYS RESOLUTION APPROVED SUPERVISOR AUTHORIZED TO SIGN CONTRACTS A motion was made by Councilwoman Bowman, seconded by Councilman Rubeck to accept the Police Chiefs report as submitted and read by Supervisor Chiavetta for the month of November. MOTION CARRIED POLICE CHIEF?S REPORT ACCEPTED Councilwoman Bowman made a motion to accept the planning board minutes as submitted; Councilman Czyz seconded the motion. MOTION CARRIED. PLANNING BOARD MINUTES ACCEPTED Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda. Mr. Henry inquired as to status of the Guadagno case and the clean up of the property. Attorney John Grennell stated that he would discuss that with Mr. Valone, as he knows there is an appeal in process. As no one else wished to add anything Supervisor Chiavetta stated that we would move along. Councilwoman Bowman made a motion to approve the budget modifications per the Town Accountant, which are in the Minute Attachment Book seconded by Councilman Czyz. A roll call vote was taken: Councilwoman Bowman Aye Councilman Czyz Aye Councilman Rubeck Aye Councilman Rosiek Aye Supervisor Chiavetta Aye 5 AYES O NAYS RESOLUTION APPROVED BUDGET MODIFICATIONS APPROVED Councilman Rosiek read from a letter from Office of Real Property Services congratulating the Town of Brant on successfully completing an annual reassessment on our 2003 assessment roll. For this the Town receives $5.00 per parcel, which translates to $6,765.00. Supervisor Chiavetta informed the Board that the December meeting of Erie County Governments is on December 18th at Salvatore?s for the annual election of officers. Councilwoman Bowman read aloud the following resolution to be forwarded to the Erie County Planning Board. 120903-2 Resolution in Support of the Brant-Evans Agricultural District December 09, 2003 WHERAS, The Town Board of Brant recognizes the importance of agriculture in the Town of Brant ?Evans and the surrounding area. THERFORE, BE IT RESOLVED that the Town Board of Brant supports the Brant ?Evans Agricultural District as it protects that land used or available for agricultural endeavors, and it helps the working farmer maintain their land and advance their business. The Brant portion of the Agricultural District was outlined on the large map, which was previously provided to the Town of Brant by the Erie County Department of Environment & Planning. Councilman Rosiek made a motion to adopt the above resolution and was seconded by Councilman Rubeck. A roll call vote was taken. Councilman Rosiek Aye Councilman Rubeck Aye Councilwoman Bowman Aye Councilman Czyz Aye Supervisor Chiavetta Aye 5 Ayes and 0 Nays, RESOLUTION TO SUPPORT THE BRANT ? EVANS AGRICULTURAL DISTRICT was ADOPTED. Supervisor Chiavetta mentioned that Judge Elect Debra Ritz had notified the other newly elected officials that she has Judge Cosgrove available to swear in anyone along with herself. He stated that they usually use the Community Building and to check with the Town Clerk for a date. Supervisor Chiavetta made a motion seconded by Councilman Rosiek to have a workshop on Friday, January 2nd at 7:00 PM. Town Clerk is requested to publicize the meeting. MOTION CARRIED WORKSHOP SET FOR FRIDAY JANUARY 2ND, 2004 7:00 PM Supervisor Chiavetta made a motion, seconded by Councilman Rubeck to set a public hearing for the Town of Brant to enter into service contract for ambulance service with the Town of North Collins/North Collins Emergency Squad, Inc. MOTION CARRIED PUBLIC HEARING SET FOR AMBULANCE SERVICE FOR JANUARY 13TH AT 8:15 PM Next Town Board meeting is scheduled for January 13th at 8:00pm. A motion was made by Councilman Rosiek and seconded by Councilman Rubeck that General Town Wide 2003 #12, Vouchers 485-519, totaling $13,037.79, General Town Wide-Payroll 2003 #12, Vouchers 55-60, totaling $28,207.92, General Fund Part Town 2003 #12, Vouchers 39-55, totaling $12,070.16, Highway Town Wide 2003 #12 Vouchers 92-100 $3192.31, Highway Payroll 2003 #12, Vouchers 29-32, totaling $8141.30, Lotus Bay Sewer 2003 #12, Vouchers 14 totaling $357.42, Street lighting 2003 #12, totaling $1,893.32 Brant Farnham Sewer District#1 Voucher 5 totaling $12,839.40, be presented for payment. MOTION CARRIED ABSTRACT APPROVED FOR PAYMENT A motion was made by Councilman Rubeck, seconded by Councilwoman Bowman to adjourn the meeting at 8:45 p.m. MOTION CARRIED. Respectfully submitted, Thea A. Ells, Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: ___________________________________ COUNCILMAN RUBECK: COUNCILWOMAN BOWMAN: COUNCILMAN CZYZ: COUNCILMAN ROSIEK: