Minutes of the regular meeting of the Brant Town Board held on Tuesday, December 10,   2002 at 8:00 p.m. and Public Hearing held at 8:15 p.m. for the Local Law #4 to Abolish Office of Three Elected Town Assessors and Create Office of Single Appointive Town Assessor, 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:

Maggie White                         Zoning Board Chairman

Leonard K. Pero                      Revitalization Chairman

Diane Czyz                             Supervisor’s Secretary

Donna Marien                         Dog Control Officer

Lee Brunelli                            Jean Brunelli

Ed Dion                                   Dolly Dion

Carmen Vacco                        Sherman Reickart, Jr.

Bill Henry                               Debra Ritz

Linda Crouse                           Sherry Hughes

Tony Andolina                        Margaret Hageman

Joseph Gardyjan                     Nell Galleg

            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 November 13, 2002 as submitted by the Town Clerk.  MOTION CARRIED.

            A Motion was made by Councilman Rubeck, seconded by Councilman Bowman to accept the Supervisors Financial report for the month of October as submitted.  MOTION CARRIED.

It was noted that there was no Code Enforcement Officer’s Report Submitted and Code Enforcement Officer was not in attendance due to a family emergency.  

A motion was made by Councilman Czyz, seconded by Councilman Bowman to accept the Dog Control Officers report for the month of November.  MOTION CARRIED.

A motion was made by Councilwoman Bowman and seconded by Councilman Rubeck to accept the Police Chiefs report for the month of November as submitted.  MOTION CARRIED. 

Leonard Pero, Planning Board Chairman, noted to the Town Board, that the Planning Board Minutes of the November 26^th meeting was asking for a moratorium on Used Car Lots and Signs until the Master Plan Update was completed.  Attorney Grennell stated that he would have to look into the legalities of this before the Board could act on such a request.  The request for a moratorium.  TABELED.

Councilman Rosiek gave an overview of the Master Plan meetings and that a focus group had been held in Farnham and areas are being determined for which use at this time.

A motion was made by Councilman Rubeck and seconded by Councilman Rosiek to accept the minutes of the Planning Board for the November 26, 2002 meeting as submitted.  MOTION CARRIED.

Supervisor Chiavetta stated that there was a water consortium meeting to be held on December 17, 2002 but at this time there was nothing new to update on the Erie County Water Consortium.

Len Pero stated that there were no updates on the Brant Revitalization Committee and the store project was in motion however an opening date has not yet been planned.

Supervisor Chiavetta opened the Acknowledgement of Visitors and explained that we did have a public hearing scheduled for 8:15 to discuss the Local Law for the Assessors position and that we would have to interrupt if need be to hold the Public Hearing.

Lee Brunelli of 980 Brant Farnham Rd. questioned the status of the Nextel Tower.  There is currently no permit and no bond and what would happen and who would be responsible.  He feels that the town should look into the actual ownership of the tower.  He also questioned the lack of clean up at the Murcato junkyard and he feels that a summons should be issued. 

Joe Reynolds of Southwestern Blvd. stated that he had attended a planning board meeting because he had wanted to apply for a permit amendment for the current Special Use Permit to modify the number of cars from 10 to no more than 26 and add fencing to the property.  He didn’t know if the board could act on this tonight. 

Councilman Rosiek stated that in order to modify a Special Use Permit a public hearing would have to be held. 

Supervisor Chiavetta stated that he should submit a whole new application due to time constraints. 

Ellen Bowman stated that the Planning Board requested that a plan be submitted.  She asked if that had been submitted.  As Mr. Reynolds was uncertain, Planning Board Chairman, Len Pero refreshed his memory as to the drawings that were asked for showing the placement of the fence and property lines, other buildings, etc.

Mr. Reynolds stated that he would submit these plans along with a new application to Gary Brecker, Code Enforcement Officer.

Bill Henry of Milestrip Road stated that he still has a junkyard behind his house and an illegal fence was put up on October 21^st, which the Code Enforcement Officer was notified of and nothing been done.  He submitted photo’s to the Town Board and stated that there are still hundreds of tires on the property stating that this is an endangerment of people in the area.

He talked to the Court Clerk and that he was fined $100 but nothing else was brought up afterwards.  He was never recited and the property owner was not cited.  This has been going on for a year and a half.

Supervisor Chiavetta stated that Gary was not here to discuss this and he was not aware of exactly what transpired in court. 

Additional discussion ensued regarding procedures and appointments of Town officers.

Supervisor Chiavetta explained that it was 8:15 p.m. and it was necessary to break for the Public Hearing. 

Town Clerk read the legal notice that opened the public hearing for the Proposal of Local Law #4 of 2002 on the Abolishment of Elected Assessors Office to a Single Appointed Assessor that was published in the Hamburg Sun.

Attorney Grennell gave an overview of law being presented and what changes would be seen.  He stated that the Single Appointed Assessor is more of the normal within the state.  Along with the requirements in extensive training of this office, it is very difficult for three elected to complete and qualify for this difficult office.

Bill Henry questioned the stability of a single appointment and what would be taken to remove the person if not doing their job. 

Supervisor Chiavetta stated that most appointed officials are appointed annually at the organizational meeting.

Councilman Rosiek stated that the Assessors position would carry a six-year term so that the Assessor’s position would outlast any term of the Town Board preventing them from showing favoritism from year to year. 

Supervisor Chiavetta stated that the training is through the State and is very extensive, so it is not easy to appoint just anyone.  He also stated that the Appointment would not necessarily have to be a resident from the Town of Brant. 

Lee Brunelli asked if the Town would have a back up in case of illness or whatever.

Supervisor Chiavetta stated that he thought the Boards intentions was to have one person appointed and have another that was familiar with the office for a one-year appointment, along with the clerk.  He stated that some people have already applied last year and they would be considered.  

Sherman Rieckart questioned if this would affect the current appeals process.  Supervisor Chiavetta stated that it would only effect who was Assessor, all the other aspects are generally governed by the State.

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

Councilman Rubeck made a motion to enact Local Law #4 abolishing the Three Elected Assessors and replacing it with One Appointed Assessor with a six-year appointed term, starting Feb 1, 2003 to October 1, 2007 as suggested by the State.  The motion was seconded by Councilman Rosiek and a roll call vote taken.

ROLL CALL VOTE:

Councilman Rubeck               Aye

Councilman Rosiek                 Aye

Councilwoman Bowman        Nay

Councilman Czyz                   Aye

Supervisor Chiavetta              Aye

4 Ayes, 1 Nay.  LOCAL LAW #4 ADOPTED.

            Supervisor Chiavetta turned the meeting back over to the Acknowledgement of Visitors asking if anyone else had something to present.

            Joe Gardyjan of Cain Road asked the Town if the Town of Brant Signs near the Bingo Hall, Brant-Angola Road a few others could be replaced due to the deteriorating conditions.

            Councilman Rosiek made a motion to have the Highway Superintendent to change all of the signs that need be, seconded by Supervisor Chiavetta.  MOTION CARRIED.

            The Town Clerk submitted a request to purchase an L-Shaped workstation to replace the current workstation and desk in that office as hers is currently falling apart.  The cost would not be more that $1,600.00.  A motion was made be Councilwoman Bowman and seconded by Councilman Czyz to authorize such request.  MOTION CARRIED.

            A letter was received from Michele Hy, Affirmative Action Officer regarding a class on housing discrimination she recently attended, which was received and filed.

            Correspondence was received from the County Finance Department regarding the repayment of CSXT Property Tax suit asking for payment of taxes on these parcels from the Town due to the lawsuit where the County does not need to guarantee the Town a portion of the tax due to Assessment.  Supervisor Chiavetta stated that a payment plan has been discussed to repay this amount however board approval would be needed to authorize him to enter into an agreement.  Councilman Rosiek made a motion to authorize the Supervisor to enter into a pay plan with the County to repay this Court Order, the motion was seconded by Councilman Rubeck.  MOTION CARRIED.

The current STOP DWI Contract was received from Erie County with a request for the Town Board to Authorize the Supervisor to sign the contract.

Where as it has been desirable in the past to enter into this agreement, Councilwoman Bowman made a motion to authorize the Supervisor to execute the Contract with Erie County for the STOP DWI PROGRAM.  The motion was seconded by Councilman Czyz and a roll call vote taken.

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                Aye

Councilman Rubeck               Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

            The meeting notice for the Erie County Governments meeting to be held on December 18, 2002 in Depew was received and filed.

            Supervisor Chiavetta received the CDBG Project scoring results and it does show that Brant scored within the funding category.  It was not known at this time as to the exact amount of funding that would be available.

            Councilman Czyz made a motion to set the date for the re-organizational meeting for January 2, 2003 at 7:00 p.m. here at the Town Hall, which was seconded by Councilman Rosiek.  MOTION CARRIED.

A request to make budget modifications from the Town Accountant was received and a motion was made by Councilman Czyz, seconded by Councilwoman Bowman to adopt a resolution to adopt budget modifications as recommended by the Town Accountant. 

ROLL CALL VOTE:

Councilman Czyz                   Aye

Councilwoman Bowman        Aye

Councilman Rosiek                Aye

Councilman Rubeck               Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

            Grant Writer and Consultant, Connie Miner submitted some possible funding available from Legislator McCarville’s Office that would require authorization for the Supervisor to enter into and execute documents to proceed.  Councilwoman Bowman made a motion to authorize the Supervisor to enter into and execute the necessary documents to apply for this funding, which was seconded by Councilman Czyz and a roll call vote taken.

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Councilman Rubeck               Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

Supervisor Chiavetta stated that several letters of interest in the Judge’s position had been received being from:  Joe DeMaria, Debbie Ritz and Linda Crouse.  He wanted to acknowledge receipt of these letters, however because it is to discuss personnel, a suggestion was made to go into executive session.  Councilman Rubeck made a motion to go to executive session seconded by Supervisor Chiavetta.  MOTION CARRIED.

The Town Board went back in session at 8:58 p.m.

Supervisor Chiavetta stated that there would not be an appointment made at this time, as it was desirable to interview each applicant.  Supervisor Chiavetta made a motion to form a committee of Ellen Bowman, Bill Trask as Attorney Grennell would have a conflict of interest, and Justice Gugino to conduct the interviews and report their recommendations to the Town Board so a decision could be made by the January 14^th, 2003 regular board meeting.  The motion was seconded by all board members.  MOTION CARRIED.

Information was received by the NY State Office of Parks, Recreation and Historic Preservation regarding possible Grants and other funding.  This information was forwarded to the Grants Writer for review.

Rural Transit will be hosting their annual Christmas party December 13, 2002 at noon at the Community Building.

A notice was received by Erie County Water regarding the Consortium meeting to be held December 17, 2002, Supervisor Chiavetta was scheduled to attend.

            A motion was made by Councilwoman Bowman and seconded by Councilman Czyz that General Town Wide Warrant 2002 #12, Vouchers 470-507, totaling $10,982.77, General Town Wide Payroll 2002, Warrant #12, Vouchers 44-46 totaling $24,168.92, General Part Town Warrant 2002 #12, Vouchers 37-46, totaling $8,525.40. Highway Fund Payroll 2002, Warrant #12, Vouchers 23-24, totaling $7,573.91, Highway Town Wide 2002 #12, Vouchers 110-115, totaling $2,033.28, Street Lighting Fund 2002, Warrant #12, Voucher 12, totaling $1,890.17,  Lotus Bay Sewer Dist 2002 Warrant #12, Voucher 14, totaling $329.61, be presented for payment.  MOTION CARRIED.

            A motion was made by Councilman Rubeck seconded by Councilman Czyz to adjourn the meeting at 9:02 p.m. in Memory of Justice William Dispence.  MOTION CARRIED.

                                                                                    Respectfully submitted,

                                                                                    Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     

COUNCILMAN RUBECK:                                                                         

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK:                                                                           

Town Board Minutes and LL4 Assessors