Minutes of the regular meeting of the Brant Town Board held on Tuesday, February 12, 2002 at 8:00 p.m. and Public Hearings at 8:15 p.m. for the Aged Town Tax Exemption and 8:30 p.m. for Special Use Permit for John Snyder to open a Used Car Lot 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
Sherry Hughes                        Sun Representative
Maggie White                         Zoning Board Chairman
Leonard K. Pero                     Revitalization Chairman
Diane Czyz                             Supervisor’s Secretary
Janet Bowman                       Assessor’s Clerk
Donna Marien                         Dog Control Officer
Ed Dion                                  Dolly Dion
Lee Brunelli                           Nina Faltus
R. Szafranski                         Joseph Gardyjan

The meeting was opened with a pledge to the flag led by Maggie White.

Councilwoman Bowman made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of January 3, 2002 Organizational and January 8^th, 2002 as submitted by the Town Clerk.  MOTION CARRIED.

A Motion was made by Councilwoman Bowman, seconded by Councilman Czyz to accept the Supervisors financial report for the month of December as submitted.  MOTION CARRIED.

When reviewing the Code Enforcement report for the month of January, Councilman Rubeck questioned the signs being put up on the Southwestern Blvd property along the thruway.  Mr. Brecker explained that the new owners of the signs were putting in pillars instead of telephone poles and he had asked them to remove and replace with the correct materials, which they did.  Councilman Rubeck also stated that at the Reynolds property there were about 6 junk vehicles on the property in the back.  Mr. Brecker stated that he would go check the complaint.  Councilman Rosiek questioned the property located at 249 and Versailles Plank Road as the parking lot permit was denied.  Code Enforcement Officer, Gary Brecker stated that he would be making his recommendations to the Board of Appeals for review.

A motion was made by Councilman Rubeck seconded by Councilman Czyz to accept the Code Enforcement Officers report for the month of January as submitted.  MOTION CARRIED.

A motion was made by Councilman Rosiek, seconded by Councilwoman Bowman to accept the Dog Control Officer for January 2002.

A motion was made by Councilman Rubeck seconded by Councilman Czyz to accept the Police Chiefs report for the month of January as submitted.  MOTION CARRIED.

A motion was made by Councilman Czyz and seconded by Councilman Rosiek to accept minutes submitted by the Planning Board for the January 22, 2002 meeting.  MOTION CARRIED.

A motion was made by Councilman Czyz to appoint Leonard Pero as Planning Board Chairman as it was not previously done in January to replace Councilman Czyz as Chair, motion was seconded by Councilman Rosiek.  MOTION CARRIED.

It was noted that no update on the Water District had been received.   Supervisor Chiavetta gave an update on the Water district and Consortium needs assessment as discussed at the Erie County Water Consortium.  He stated that the water rates would be going up as Erie County Water Authority raised the rates, thus causing the Village of Farnham to raise the rates charged to us.  

Leonard Pero gave an update on the Revitalization Committee and stated that the store opening is going a little slower than hoped however it was looking up and only a few more shareholders for the Brant Investment Group are needed. 

Nina Faltus of Brant Angola Rd. spoke on behalf of the Historical Society.  She stated that someone had gone into their room upstairs and had been on the computer.  The computer was broken and papers lying around.  She was concerned that if everyone was allowed in the room, that several items which are not replaceable could get damage.  She wanted to know who has keys to the room and why do they have keys.

Supervisor Chiavetta asked if maybe Ron Pfeiffer, had been using the computer, as he was not aware of anyone recently using that room.  Maggie White stated that she had not seen Ron since May.  Supervisor Chiavetta asked if they would like to go up after the meeting to look it over.  Maggie White stated that the Historical Society was meeting the following night and they would go over the situation with Ron Pfeiffer.

Supervisor Chiavetta stated that we needed to break for the Public Hearing set for 8:15 p.m.

The Public Hearing for the Aged Town Tax Exemption was opened by the Town Clerk reading the Legal Notice published in the Hamburg Sun.

Attorney Grennell read and explained the income limits as defined under the County Exemption.  He explained that the Town Exemption would be a straight percentage for income under $15,000.  It would not be a sliding scale.  He questioned whether the Town Board wanted to use medical expenses to determine the income, as this was allowable.

Jan Bowman spoke against this as this would create additional man-hours to review the medical expenses.  She suggested that they use the same guidelines up to the $15,000 adjusted gross income to determine the Town Exemption.  She stated that the Town would be losing very little in tax dollars.

As everyone wanting to be heard had been heard, Councilwoman Bowman made a motion to close the public hearing, which was seconded by Councilman Czyz.  MOTION CARRIED.

Councilwoman Bowman made a motion to adopt the Aged Town Tax Exemption using the guidelines that the County of Erie uses with the $15,000 adjusted gross income limits to be effective for the January 1, 2003 tax year.  The motion was seconded by Councilman Rubeck and a roll call vote was taken:

ROLL CALL VOTE:

Councilwoman Bowman        Aye
Councilman Rubeck               Aye
Councilman Czyz                   Aye
Councilman Rosiek                 Aye
Supervisor Chiavetta              Aye

5 Ayes, No Nays.  LOCAL LAW # 1 FOR THE YEAR 2002 ADOPTED.

A motion was made by Councilman Rosiek, seconded by Councilwoman Bowman to appoint Councilman Rubeck and Supervisor Chiavetta as Liaison to the Senior Citizen Committee.  MOTION CARRIED.

As Chief Falk reviewed notice from Cost Control Associates regarding the street lighting on pole 46 being removed without the Town’s knowledge he recommended the Board pass a resolution to have street lighting which had been on pole 46 on Lotus Point Road be installed on Pole 4 on Surfside Drive.   Councilman Rosiek made a motion to have the street lighting moved seconded by Councilman Czyz.    

ROLL CALL VOTE:

Councilman Rosiek                 Aye
Councilman Czyz                   Aye
Councilman Rubeck               Aye
Councilwoman Bowman        Aye
Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION CARRIED.

Whereas, Town Clerk, Jamie Nolan requested the Town Board pass a resolution to authorize her to set up electronic withdrawal capabilities for the new program being set up by New York State DEC, where they would take their share of money collected electronically and allow her to be directly connected to DEC databases in the newest pilot program, she asked the Board approve this request.   Councilman Rubeck made a motion to allow the Town Clerk to enter into this agreement and execute the necessary documents to obtain the new procedure, the motion was seconded by Councilman Czyz and a roll call vote was taken.

ROLL CALL VOTE:

Councilman Rubeck               Aye
Councilman Czyz                   Aye
Councilman Rosiek                 Aye
Councilwoman Bowman        Aye
Supervisor Chiavetta              Aye

5 Ayes, No nays.  RESOLUTION ADOPTED.

Supervisor Chiavetta stated that the time was 8:30 p.m. and it was necessary to open the Public Hearing for the Special Use Permit application submitted by John Snyder. 

The Town Clerk opened the Public Hearing by reading the legal notice published in the Hamburg Sun.

Supervisor Chiavetta stated that the Planning Board did recommend the approval based on the recommendations made by the Planning Board.  The recommendations were:  a limit of a vehicle maximum as reflected in the Planning Board minutes, no maintenance and no junk vehicles.  Gary Brecker spoke in favor of allowing the Special Use Permit based on the planning board recommendations.

As everyone wanting to be heard had been heard, Councilman Rosiek made a motion to close the Public Hearing which was seconded by Councilman Rubeck.  PUBLIC HEARING CLOSED.

Councilman Rosiek made a motion to approve the Special Use Permit with the Planning Boards recommendations, seconded by Councilman Czyz.

ROLL CALL VOTE:

Councilman Rosiek                 Aye
Councilman Czyz                   Aye
Councilman Rubeck               Aye
Councilwoman Bowman        Aye
Supervisor Chiavetta              Aye

5 Ayes, No Nays.  SPECIAL USE PERMIT GRANTED.

A motion was made by Councilwoman Bowman, seconded by Councilman Czyz to appoint Gina DeMaria as Deputy Town Clerk at a rate of $8.50 hourly, while Tammy Czyz is out on maternity leave at the recommendation of Town Clerk.  MOTION CARRIED.

A letter was received by the Village of Farnham regarding the increase in water rates which were previously discussed.  The letter was filed.

The Town Board stated that they needed to be certain of the number of members on the Zoning Board and asked Maggie White, Chairperson about Charles Roe appointment.  Maggie stated that he has not resigned and does come to about one meeting per year.  She would not count him out yet.  A vacancy created by Dave Taylor does need to be filled.  A Motion was made by Councilman Rosiek to appoint Don Clark to fill Dave Taylor’s unexpired term.  The motion was seconded by Councilman Czyz.  MOTION CARRIED.

A letter from Adelphia with regards to rates increases for the Brant customers was received and filed.

A letter from Erie County Executive, Joel Giambra concerning the Community Block Grant funding was received and filed.

A notice that Rural Transit was to have a meeting on February 25, 2002 was received and filed.

Information regarding the State Bid on the Tractor for purchase was received and filed.

Councilman Rubeck made a motion to adopt the changes and modifications to rules, regulations and polices of the New York Drinking Water State Revolving Fund Resolution so that Supervisor Chiavetta can present it at the Association of Towns Conference.  The motion was seconded by Councilman Czyz and a roll call vote taken.

ROLL CALL VOTE:

Councilman Rubeck               Aye
Councilman Czyz                   Aye
Councilman Rosiek                 Aye
Councilwoman Bowman        Aye
Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

A letter from Kaleida Health regarding the closing of Children’s Hospital was received asking for support in the matter.  The Board took no action.

Letters were received from Linda Kusior and Doreen Cheney regarding there interest in Bus Driver for the Summer Recreation Program.  The letters were placed in the recreation file for future action.  TABELED.

A Grant application for the 2003 Tree Planting packet had been received.  Supervisor Chiavetta stated that they had received this last year and had an OK turnout he would like to do this again as seedlings you do not get all of them to grow.   He stated that he would proceed with the application.

Councilwoman Bowman made a motion to approve the budget changes as recommended by the Town Accountant.  The motion was seconded by Councilman Rubeck, and a roll call vote taken.

ROLL CALL VOTE:

Councilwoman Bowman        Aye
Councilman Rubeck               Aye
Councilman Czyz                   Aye
Councilman Rosiek                 Aye
Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

A letter was received from Erie County Planning regarding the funding for Master Plan.  Supervisor Chiavetta stated that this committee should consist of the Planning Board, Town Board, a member of the Village of Farnham and a couple of other residents from Brant.  A motion was made by Councilman Rosiek to publish a request for proposals using the generic proposal form for April in the Hamburg Sun and any trade magazines available.  The motion was seconded by Councilman Czyz.  MOTION CARRIED.

A letter was received by Erie County Executive concerning the Center for Regional Cooperation and Collaboration regarding purchasing.  The letter was read and filed.  

A letter was received from Yvonne Militello thanking the Town for the opportunity to serve as Dog Control Officer for the past five years and her disappointment in not being re-appointed.  The letter was filed.    

The United Way sent in the results from the Needs Assessment survey which had been sent out in the last newsletter.  An approximately 695 were sent out, only 46 were returned.  The assessment was filed.

A letter was received from the Town Justice’s asking the Board to approve the appointment of Linda Crouse in the absence of Tammy Czyz and also as a permanent fill in on as needed basis.  Councilman Rubeck made a motion to make the appointment, seconded by Councilwoman Bowman.  MOTION CARRIED.

A notice of training session for NEST members was announced as to be held on February 21 at 10:00 am at the Orchard Park Town Hall was received and filed.

The meeting of Association of Erie County Governments meeting notice was read and is to be held on Thursday, February 28^th at 6:00 p.m. at The Lodge in Elma, New York.

A motion was made by Councilwoman Bowman and seconded by Councilman Czyz, that General Town Wide Warrant #14, Vouchers 642-647, totaling $2,208.54, General Town Wide Warrant 2002 #2, Vouchers 10-57, totaling $14,964.15, General Town Wide Payroll 2002, Warrant #2, totaling $22,163.77.  General Part Town Warrant #14, Vouchers 51-55, totaling $435.00, General Part Town Warrant 2002 #2, Vouchers 4-8, totaling $14,085.94. Highway Fund Payroll Warrant #14, Voucher 25, totaling $1,936.49.  Highway Fund Payroll 2002, Warrant #2, Vouchers 1-2, totaling $6,988.78.  Highway Townwide 2002 #2, Vouchers 1-14, totaling $21,140.09, Highway Part Town 2002 Warrant 2, Voucher 1, totaling $428.52, Street Lighting Fund 2002, Warrant #2, Voucher 1, totaling $2,093.16.  Lotus Bay Sewer Dist 2002 Warrant #2, Voucher 1, totaling $494.70, and Farmland Protection Grant 2002, Warrant 2, Voucher 1, totaling $9.18 be presented for payment.   MOTION CARRIED.

A motion was made by Councilman Rubeck, seconded by Councilwoman Bowman to adjourn the meeting at 9:12 p.m.  MOTION CARRIED.

Respectfully submitted,
Jamie S. Nolan, Town Clerk

APPROVED BY:
SUPERVISOR CHIAVETTA:                                                                     
COUNCILMAN RUBECK:                                                                         
COUNCILWOMAN BOWMAN:                                                                
COUNCILMAN CZYZ:                                                                               
COUNCILMAN ROSIEK:                                                                           

February 12, 2002  Town Board Minutes