Minutes of the regular meeting of the Brant Town Board at 8:00 PM and Public Hearing regarding Ambulance Service at 8:15 pm, at the Brant Town Hall, held January 13, 2004, at 1294 Brant-N. 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: Thea Ells Town Clerk
Also present were:
Joseph Gardyjan, Planning Board Chairman
Ellsworth Nolan, Village DPW Peter Gugino, Judge
Bill Henry, resident Diane Czyz, Supervisors? Secretary
Alice Escott, Town Crier Carl Militello, Dog Control Officer
Sherry Hughes, The Sun Lee Brunelli, resident
Dennis Rubeck, Planning Board John Lehman, resident
Ed Dion, resident Brenda Giacchino
Donna Marien, resident Neil Wilson, Planning Board
The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.
Supervisor Chiavetta introduced and welcomed our two new Councilmen John Arrigo and Leonard Pero.
Councilman Rosiek made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of December 9, 2003 as submitted by the Town Clerk.
MOTION CARRIED: MINUTES APPROVED
Councilman Pero made a motion that the January 5, 2004 Organizational Meeting minutes be approved as submitted by the Town Clerk. Councilman Arrigo seconded the motion.
MOTION CARRIED: MINUTES APPROVED
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.
A Motion was made by Councilman Czyz, seconded by Councilman Rosiek to accept the Supervisors Financial report for the month of November as submitted.
MOTION CARRIED: SUPERVISOR FINANCIAL REPORT ACCEPTED
A motion was made by Councilman Czyz and seconded by Councilman Rosiek
to accept the Justice Court Clerk?s and the Town Clerk?s Financial Reconciliation Report for November. MOTION CARRIED: COURT CLERK & TOWN CLERK FINANCIAL RECONCILIATION REPORT ACCEPTED
Code Enforcement Officer was not available as Gary Brecker had an emergency and will be present at the next meeting.
NO CODE ENFORCEMENT OFFICER?S REPORT
A motion was made by Councilman Pero to accept the Dog Control Officer?s report as
submitted for the month of December, seconded by Councilman Arrigo.
MOTION CARRIED: DOG CONTROL OFFICER?S REPORT ACCEPTED
A motion was made by Councilman Czyz, seconded by Councilman Arrigo to accept the Police Chiefs report as submitted for the month of December.
MOTION CARRIED: POLICE CHIEF?S REPORT ACCEPTED
No Planning Board Meeting in December.
Nothing new to report on the Water District according to Supervisor Chiavetta.
The Brant Store opened on January 2, 2004 and the other news under Brant Revitalization as stated by Supervisor Chiavetta is that the Brant Viability Project may begin as soon as March 22, 2004.
Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda.
Mr. Lehman was recognized by Supervisor Chiavetta and discussion took place between the board and Mr. Lehman on his concerns and questions regarding Ellis Road and Town ordinances on various matters as snowmobiles on Town roads, road care, road closure, and private property and snowmobiles.
Mr. Nolan was recognized by Supervisor Chiavetta and voiced his concerns with the property on Route 20 where the building collapsed and there is an in ground pool exposed.
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 notice, which was published in the Hamburg Sun December 18, 2003 issue. Legal notices are filed with the Minute Attachment Book.
Ambulance Service with the Town of North Collins /North Collins Emergency Squad
Supervisor Chiavetta read from the contract with dollar amounts for contract starting with 2004 at $3,600.00, 2005 at $3,720.00, 2006 at $3,840.00, 2007 at $3,960.00, and 2008 at $4,080.00, this is for coverage east of Mile Block Road to the Town line with North Collins. Supervisor Chiavetta stated that the amount we?ve been paying since the late 1990?s is $3,000.00 per year.
Councilman Pero questioned the amount of responses in the Town of Brant versus the amount of monies spent. There was discussion on the amount of mutual aid the town receives without compensating other companies.
Councilman Czyz made a motion, seconded by Councilman Pero to close the public hearing.
MOTION CARRIED: PUBLIC HEARING CLOSED
Councilman Czyz made a motion, seconded by Councilman Pero to table the approval for the Supervisor to sign until they could get a report from North Collins as to the number of calls they answer in the Town of Brant.
MOTION CARRIED: CONTRACT SIGNING TABLED
As no one else wished to be acknowledged Supervisor Chiavetta stated that we would move along.
Supervisor Chiavetta reported that he was notified by the Village of Farnham of an Erie County Water rate increase of 6.8% that would be reflected in their rates as of January 1st, 2004.
Supervisor Chiavetta read from the Association of Towns a copy of the preliminary 2004 Legislative Program and the resolutions published there in that would be up for vote at the Annual Meeting in February in New York City. Resolutions submitted 15 days prior to February 15, 2004 would also be considered. Resolution 1 ? NYS and Local Employees? Retirement System Payments, Resolution 2- Collateral Source Legislation, Resolution 3- Property Tax Exemptions, Resolution 4
- Condominium Assessments, Resolution 5- Cable Franchise Fees, Resolution 6- Unfunded Mandates, Resolution 7- WICKS Law & Prevailing Wage, Resolution 8- Tort Reform.
Supervisor Chiavetta stated that he received a status report from Grant Writer Connie Minor showing the grants received and denied and the current grants submitted and grants pending.
Councilman Rosiek made a motion to pass the following resolution in support of our neighbors, the Seneca Nation of Indians, and the upcoming action by the State of New York to impose tax regulations. Councilman Pero seconded the motion.
Resolution 011304-#1
Whereas, the Seneca Nation of Indians is a sovereign Nation within the borders of New York State,
Whereas, the United States Government made treaties (1784,1789.1794, and 1842) with the Seneca Nation of Indians,
Whereas, the Constitution of the United States (Article 6 Clause 2) mandates that treaties ate the supreme law of the land,
Whereas, the State of New York is proposing to issue tax regulations taxing the sale of goods on Indian Reservations, thereby, breaking the provisions of the Seneca treaties with the United States that prescribe that no taxes should be imposed on Indian Reservations,
Now Therefore, Be I t Resolved, that the Brant Town Board cannot in good conscience support the State?s action because what we are telling our children is that it is permissible for the State of New York to break Federal Laws but our children are told to obey them all and respect the United States Constitution,
And Be It Resolved that the Brant Town Board goes on record in honoring Indian Treaties with the United States.
Resolved that copies of this resolution be submitted to Governor Pataki, State Commissioner of Taxation and Finance, Senator Dale Volker, Assemblyman Richard Smith, Senator Charles Schumer, Senator Hillary Clinton, Congressman Jack Quinn, Congressman Thomas Reynolds, County Executive Joel Giambra, County Legislator Steven McCarville, Legislator Jeanne Chase, all the Municipalities in Erie County through notification to the Association of Erie County Governments.
A roll call vote was taken:
Councilman Rosiek Aye
Councilman Pero Aye
Councilman Arrigo Aye
Supervisor Chiavetta Aye
Councilman Czyz Aye
5 Ayes 0 nays RESOLUTION ADOPTED: HONORING INDIAN TREATIES
Councilman Rosiek made a motion, which was seconded by the entire board in opposing any reduction in services, by the United States Postal Service to our citizens as stated in the following resolution.
Resolution 011304-#2
Whereas, Recommendations have recently been by the Presidential Commission that would radically change the United States Postal Service and it?s ability to offer services to rural areas.
Whereas, The commission proposed changes that would reduce mail service for the American people especially those in rural areas.
Whereas, The Town of Brant has already seen changes in Erie County as the United States Postal Service has cut services to our rural communities by changing the hours of our Post Offices to 9 ? 5.
Whereas, These changed service hours have resulted in lower revenues as the majority of our residents are off to their jobs early in the morning, returning in the evening after the service windows have closed impacting on the financial status and making it easier for the United States Postal Service to rationalize any decision to reduce or eliminate services by saying it is no longer cost effective to keep these smaller post offices open as their revenues are declining.
Whereas, Our many residents depend on our local Post Offices for rural delivery, purchase of money orders, stamps, and the many other services provided to our residents by the postal service especially the elderly, and those with limited options to seek these same services elsewhere.
Whereas, Erie County?s growth pattern has slowly but steadily increased our population to rural communities and our citizens have the opportunity to conduct their business locally without the inconvenience and expense to seek the same services in a large service area.
Now, Therefore Be It Resolved, that the Town of Brant strongly opposes any reduction in services by the United States Postal Service to our citizens. The local post office allows our citizens the services that helped allow our country to grow and prosper and become the leader in world affairs.
Resolved, That a copy of this resolution be forwarded to Congressman Jack Quinn, Congressman Thomas Reynolds, Senator Charles Schumer, Senator Hillary Clinton, County Executive Joel Giambra and the Erie County Legislature.
A roll call vote was taken:
Councilman Rosiek Aye
Councilman Pero Aye
Councilman Arrigo Aye
Supervisor Chiavetta Aye
Councilman Czyz Aye
5 Ayes 0 Nays RESOLUTION CARRIED: OPPOSE ANY REDUCTION IN POSTAL SERVICES
Supervisor Chiavetta read from an announcement concerning the Grand Opening of the Chamber of Commerce of Evans and Brant new offices in Angola on January 24, 2004.
Councilman Arrigo made a motion to approve for the Town Clerk to dispose of records on list attached with the exception of 3 items highlighted to be examined by the Historical Society. Councilman Czyz seconded motion.
MOTION CARRIED: RECORDS TO BE DESTROYED
Councilman Czyz made a motion, and was seconded by Councilman Arrigo that the Village of Farnham be allowed to use one voting machine for their elections on March 16th, 2004.
MOTION CARRIED: FARNHAM TO USE VOTING MACHINE
Councilman Czyz made a motion to appoint Joe Gardyjan as Planning Board Chairman. Councilman Pero seconded motion.
MOTION CARRIED: GARDYJAN PLANNING BOARD CHAIRMAN
Supervisor Chiavetta made a motion to appoint Councilman Rosiek as Deputy Supervisor, which was seconded by Councilman Czyz.
MOTION CARRIED: ROSIEK DEPUTY SUPERVISOR
Supervisor Chiavetta tabled the appointment of the Parks Commissioner and the review of the various fees for permits, etc.
Councilman Pero made a motion to appoint the following to serve on the Board of Ethics, Leah Mirusso, Frank Gugino, and Brenda Giacchino. Supervisor Chiavetta seconded the motion.
MOTION CARRIED: MIRUSSO, GUGINO, GIACCHINO BOARD OF ETHICS
Councilman Czyz made a motion to approve the budget modifications per the Town Accountant, which are in the Minute Attachment Book seconded by Councilman Rosiek.
A roll call vote was taken:
Councilman Czyz Aye
Councilman Rosiek Aye
Councilman Pero Aye
Councilman Arrigo Aye
Supervisor Chiavetta Aye
5 AYES O NAYS RESOLUTION APPROVED BUDGET MODIFICATIONS APPROVED
Councilman Czyz made a motion to pass a Resolution to hire an outside independent firm for the audit of Town Clerk and Court Clerks records at the maximum amount of $2,500.00. Supervisor Chiavetta seconded the motion.
A roll call vote was taken.
Councilman Czyz Aye
Supervisor Chiavetta Aye
Councilman Pero Aye
Councilman Arrigo Nay
Councilman Rosiek Aye
4 Ayes 1 Nay RESOLUTION ADOPTED: INDEPENDENT AUDIT OF CLERKS
Supervisor Chiavetta made a motion to appoint Rose Falk as the Secretary to the Police Chief. Councilman Pero and Czyz seconded motion.
MOTION CARRIED: ROSE FALK AS POLICE SECRETARY
Supervisor Chiavetta made a motion and was seconded by Councilman Rosiek that Joseph DeCarlo who was appointed as Assessor fill that term for six years as stated in Local Law #4 established in December of 2002. Mr. DeCarlo?s term is established at January 2003 thru December 2008.
MOTION CARRIED: J. DECARLO ASSESSOR TERM & APPOINT.
Councilman Pero made a motion to appoint John Chiavetta to fill the term of Zoning Board of Appeals Member thru 2007 after accepting the resignation of Pat Gugino from the Board. Councilman Czyz seconded the motion.
MOTION CARRIED: JOHN CHIAVETTA ZONING BOARD MEMBER
Town Clerk Thea Ells asked the board to consider, depending on the decision of the Board of Elections, consolidation of districts from four to one for the Presidential Primary on March 2, 2004.
TABLED FOR THE FEBRUARY MEETING
Supervisor Chiavetta informed the Board that the January Meeting of Erie County Governments is on January 22nd, 2004 at Michael?s.
Supervisor Chiavetta brought to the attention of the Board that a serial bond for the Lotus Bay Sewer District was paid in full.
Councilman Rosiek made a motion and was seconded by Councilman Czyz to set a public hearing to amend the Code Book to include a special subsection for New and used car lots in section 161-17D to state the following per a recommendation from Councilman Pero.
Min. width is set at 300? wide & 200? depth and 80? set back from the road. The number of square feet per vehicle will be 10?x20?, front lot will be graded and paved with ingress and egress with drainage pitched away from neighbors and road ditch culvert with open receivers. Rear lot to be fenced and graded with standard gravel and property should be landscaped with shrubbery and pole lighting.
Roll call vote taken:
Councilman Rosiek Aye
Councilman Czyz Aye
Councilman Pero Aye
Councilman Arrigo Aye
Supervisor Chiavetta Aye
5 Ayes 0 nays MOTION CARRIED: PUBLIC HEARING SET FEBRUARY 10TH, 2004 AT 8:15 PM
Supervisor Chiavetta made a motion and was seconded by Councilman Arrigo to send a letter to Erie County Highways? Deputy Commissioner to request that the speed limit on Milestrip Road in the Town of Brant be reduced from 55 mph. to 45 mph.
MOTION CARRIED: SEND REQUEST FOR SPEED REDUCTION ON MILESTRIP
There was discussion among the board members as to such subjects as the formation of a Board of Complaints, Welcome Packet, Newsletter, and Winter Recreation that could be addressed by the different committees at workshop sessions.
Councilman Pero made a motion seconded by Councilman Arrigo to have a workshop on Tuesday January 27th, 2004 7:00 pm
MOTION CARRIED: WORKSHOP TUESDAY JANUARY 27th, 2004 7:00 PM
Supervisor Chiavetta announced that the next Town Board meeting is scheduled for February 10th at 8:00pm.
A motion was made by Councilman Czyz and seconded by Councilman Rosiek that General Town Wide 2003 #13, Vouchers 520-556, totaling $18,942.77, General Town Wide-Payroll 2003 #13, Vouchers 61-65, totaling $22,304.45, General Fund Part Town 2003 #13, Vouchers 56-57, totaling $185.81,Genral Fund Part Town Payroll Vouchers 12-12 totaling $635.32 Highway Town Wide 2003 #13 Vouchers 101-111,Totaling $3,594.66, Highway Payroll 2003 #13, Vouchers 33-36, totaling $10,953.11, Lotus Bay Sewer 2003, Vouchers 15 totaling $569.31, Street Lighting 2003 Voucher 12, totaling $2,003.32,and that for 2004 Abstract 1, General Town Wide Voucher 1-15 Totaling $18,642.62,General Fund- Part Town Vouchers 1-2, Totaling $8,292.14, Highway ? Town Wide Vouchers 1-2 Totaling $6,879.30, Fire Protection Vouchers 1-2 Totaling $13,794.00 and Brant Water Dist. Voucher 1 Totaling $8,122.50 be presented for payment.
MOTION CARRIED: ABSTRACT APPROVED FOR PAYMENT
Councilman Pero, seconded by Councilman Arrigo made a motion to adjourn the meeting at 9:08 p.m.
MOTION CARRIED: MEETING ADJOURNED
Respectfully submitted,
Thea A. Ells, Town Clerk
APPROVED BY:
SUPERVISOR CHIAVETTA: ___________________________________
COUNCILMAN ROSIEK: ___________________________________
COUNCILMAN CZYZ: ___________________________________
COUNCILMAN ARRIGO: ____________________________________
COUNCILMAN PERO: ______________________________