Minutes of the regular meeting of the Brant Town Board held on Tuesday, January 14, 2003 at 8:00 p.m., 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:

Leonard K. Pero                      Revitalization Chairman

Diane Czyz                             Supervisor’s Secretary

Carl Militello                           Dog Control Officer

Lee Brunelli                            Jean Brunelli

Ed Dion                                   Dolly Dion

Carmen Vacco                        Sherman Reickart, Jr.

Bill Henry                               Debra Ritz

Linda Crouse                           Sherry Hughes

Leah Mirusso                          Annette Dispence

Joseph Gardyjan                     Brenda Giacchino

Alice Escott                            Town Crier

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

            Councilwoman Bowman made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of December 26, 2002 and the organizational meeting of January 2, 2003 as submitted by the Town Clerk.  MOTION CARRIED.

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

A motion was made by Councilman Czyz and seconded by Councilman Rubeck to accept the Code Enforcement Officer’s reports for December and November as submitted.  MOTION CARRIED.    

Bill Henry of Milestrip Road questioned the Bowman Farms/Guadagno clean up.  He questioned the frequency of re-citing for these offenses.  He stated that he had installed a fence without the proper permits and wanted to know if he had been cited for that? 

Gary Brecker stated that there is no mention of fences in the code book and that he would have to talk with the Town Attorney.

Mr. Brecker questioned the Special Use permit submitted by West Tower and questioned if he could transfer the Permit.  It was stated that they would have to follow the proper channels and go through the Planning Board and Town Board.  There was discussion on the amount of the bond requirements.

It was noted that there was no Dog Control Officers report submitted for December.

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

There was no meeting of the Planning Board for the month of December. 

Supervisor Chiavetta gave an update on the water consortium and stated that there were 8 areas targeted Cain Road is to be the first area and then perhaps Brant Angola to the center of Town and possibly to Brant Farnham and Brant North Collins Road. 

 Len Pero stated that the original management for the store had backed out and so the Revitalization Committee had been holding interviews for management of the store opening. 

Supervisor Chiavetta opened the Acknowledgement of Visitors.

Ed Dion of the Brant Farnham Senior Group stated that the phone in the Seniors Room has terrible static and was hoping that someone could look into the problem.  Dennis Rubeck is to look into the problem.

Bill Henry questioned the safety of the water wells or environmental issues in the area.   He stated that there is a high cancer rate in the area of Milestrip Road, he wondered if there was some way to get the wells checked.    

Gary Brecker stated that people may want to contact the Health Department to test but for each test they run for specific elements that there is a separate charge.

Gary Brecker also asked approval from the Town Board to split the cost of the Association of Towns with the Town of Collins as in the past.  The split cost was approved.

A motion was made by Councilwoman Bowman, seconded by Councilman Czyz to adopt a resolution to approve the budget modifications for November 2002 as recommended by the Town Accountant.

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                Aye

Councilman Rubeck               Aye

Supervisor Chiavetta              Aye

5 Ayes, 0 Nays.   ADOPTED.

            A motion was made by Councilman Czyz, seconded by Councilman Rosiek to accept the recommendations for auditing purposes asking that the bank reconciliation sheets be submitted on a monthly basis and that each department track expenses of contractual funds be submitted to the Town Accountant.  MOTION CARRIED.

            A letter was received from Joel Giambra concerning the Grant approval of $5,000 for the Wading Pool renovations.  The letter was filed.

            A motion was made by Councilman Rubeck and seconded by Councilman Czyz to go to executive session at the end of the meeting to discuss the appointment of Town Justice and pay rates.  MOTION CARRIED.

            It was noted that there were discrepancies in the current Retiree Health Insurance procedures and the Employee Handbooks, as this should be reviewed by Committee, it was decided to have the committee review the procedures.

            A letter was received from the NYS Comptrollers office regarding the cost thresholds for special districts debt when being implemented was received and filed. 

            A discussion regarding a possible exemption for members of the Volunteer Fire Companies and ambulance services up to 10% not to exceed $3,000 in an assessment reduction.  There had been a letter of support received by the Farnham Fire Dept. and Brant would be sending theirs shortly. 

            Leah Mirusso questioned if the Ladies Auxiliary would be included, Councilwoman Bowman stated that the law did not clearly say. 

            Information is needed by the Fire Departments to define the Active member list and a cost analysis done before a public hearing is scheduled.

            The Town Clerk requested authorization to return $25.00 fee to Joe Schmelzinger for a Variance Application as the property affected was sold to another party.  A motion was made by Councilman Rubeck and seconded by Councilman Rubeck to authorize the return of the fee.  MOTION CARRIED.

            The Brant Farnham Senior Recreation Program requested $1,000.00 payment for a trip to be held on June 11^th, 2003 to Toronto.  A motion was made by Councilman Bowman and seconded by Councilman Czyz to authorize the payment.  MOTION CARRIED.

            A request from the Town Clerk to advertise and set bid opening of the Bids for the Town Park Contract was submitted, contingent on Councilman Rubeck’s recommendations as Park Committee Liaison.  A motion was made by Councilman  Rubeck and seconded by Councilwoman Bowman to authorize and set bid opening for March 11, 2003 at 8:15 p.m.  MOTION CARRIED.

            A notice was received regarding the upcoming Erie County Governments meeting which will be held on January 23^rd was received and filed.

            A letter was received by the NYS Retirement System that any elected or appointed person in Tier 3 or 4 need to submit a detailed accounting of a month’s activities for the Town.  This must be a future month and must also be on an average month.  Notification would be given to those who must submit.

            Discussion of the Association of Towns Annual Meeting regarding the Resolutions to be presented at the conference and a motion was made by Councilman Rosiek and seconded by Councilman Rubeck to authorize the delegates to approve as necessary. 

            A motion was made by Councilman Bowman and seconded by Councilman Czyz to authorize the Supervisor to sign the Contract received with Community Concern.  MOTION CARRIED.

            A letter was received from the Town of North Collins thanking the Town for the participation of the 150^th Anniversary and filed. 

            A wellness letter was received from the Erie County regarding the benefits of obtaining a flu vaccine and filed.

            A motion was made by Councilman Rubeck and seconded by Councilman Bowman to authorize the purchase of a Time Clock.  MOTION CARRIED.

            A motion was made by Councilman Czyz and seconded by Councilman Rubeck to go to executive session at 8:49 p.m. to discuss the prior personnel matters.  MOTION CARRIED.

            The meeting was called back to order at 9:22 p.m.

            A motion was made by Councilman Rosiek to leave the Town Justice position vacant due to the importance of the position and the integrity of the voters at this time.  The motion was seconded by Councilman Czyz and a roll call vote was taken.

ROLL CALL VOTE:

Councilman Rosiek                 Aye

Councilman Czyz                   Aye

Councilman Rubeck               Aye

Councilwoman Bowman        Nay

Supervisor Chiavetta              Nay

3 Ayes, 2 Nays.  ADOPTED.

            A motion to leave the pay increases to 3.5% increases was made by Supervisor Chiavetta and seconded by Councilman Rubeck.  MOTION CARRIED.

            A motion was made by Supervisor Chiavetta and seconded by Councilman Rosiek to appoint Len Pero as Planning Board Chairman.  MOTION CARRIED.

            A motion was made by Councilman Rubeck and seconded by Councilwoman Bowman that General Town Wide Warrant 2002 #13, Vouchers 508-540, totaling $30,754.13, General Town Wide Payroll 2002, Warrant #13, Vouchers 47-49 totaling $21,818.73, General Part Town Warrant 2002 #13, Vouchers 47-54, totaling $3,170.80. Highway Fund Payroll 2002, Warrant #13, Vouchers 25-26, totaling $10,076.02, Highway Town Wide 2002 #13, Vouchers 116-126, totaling $9,036.93, Street Lighting Fund 2002, Warrant #13, Voucher 13, totaling $1,993.52,  Lotus Bay Sewer Dist 2002 Warrant #13, Voucher 15, totaling $526.21, Brant-Farnham Sewer District 2002, #13, Voucher 3, totaling $12,400.00 and General Town Wide Warrant 2003 #1, Vouchers 1-20, totaling $13,618.87, General Fund Part Town 2003, Vouchers 1-4, totaling $8,604.56, Highway Town Wide 2003, Voucher 1, totaling $352.21, Fire Protection 2003, Vouchers 1-2, totaling $11,556.00 and Brant Water District #1 2003, Voucher 1, totaling $8,325.00 be presented for payment.  MOTION CARRIED.

            A motion was made by Councilman Rubeck seconded by Councilman Czyz to adjourn the meeting at 9:42 p.m. MOTION CARRIED.

                                                                                    Respectfully submitted,

                                                                                    Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     

COUNCILMAN RUBECK:                                                                         

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK:                                                                           

January Town Board Minutes