Minutes of the regular meeting of the Brant Town Board at 8:00 PM and Public Hearing to update chapter 161, Article XI, Section 161-69, Fees, Brant Town Zoning Laws at 8:15 pm, at the Brant Town Hall, held March 9, 2004, at 1294 Brant-North 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 Lee Brunelli, resident
George Cordia, Village Trustee Neal Wilson, Planning Board
Bill Henry, ZBA alternate Charles Arrigo
Sherry Hughes, The Sun Joseph Giambrone, Highway Super.
Wayne Falk, Chief of Police Gary Brecker, Building Inspector
John Lehman, resident Thomas Bowman Jr., Pro Shop
Debbie Timm,(J. Chase Rep.) Rosalee Hill, resident
Ed Dion, resident Stephen Twacozek
Dolly Dion, resident Mr. Andolina
Barbara Daniel Michael Daniel
Stephen Artymowycz
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.
Councilman Rosiek made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of February 9, 2004 as submitted by the Town Clerk.
MOTION CARRIED: MINUTES APPROVED
A motion was made by Councilman Czyz, seconded by Councilman Arrigo to accept the Supervisors Financial report for the month of January as submitted.
MOTION CARRIED: SUPERVISORS FINANCIAL REPORT ACCEPTED
A motion was made by Councilman Rosiek and seconded by Councilman Czyz and Councilman Pero to accept the Town Clerk?s (tax accounts included) & the Court Clerks Financial Reconciliation Report February 2004.
MOTION CARRIED: TOWN CLERK & COURT CLERKS FINANCIAL RECONCILIATION REPORT ACCEPTED
Code Enforcement Officer Gary Brecker read from his February 2004 reports. A motion was made by Councilman Pero and seconded by Councilman Arrigo to accept the reports.
MOTION CARRIED: CODE ENFORCEMENT OFFICER?S REPORT APPROVED
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 Town Crier February 25th, 2004 issue.
Supervisor Chiavetta read from the list of permit fees with the increases proposed. There was discussion on the fee for junkyard licensing and that this fee is mandated by New York State, according to Attorney John Grennell. The Board recognized some local businessmen that were present and voiced concerns with the increases. There was some verification as to which business?s need special use permits. There was input from Attorney John Grennell and Gary Brecker, on the subjects of zoning and fees.
Zoning Officer Gary Brecker mentioned that there are some permits that are mandated by New York State and that the Town has no fees for these permits.
Councilman Czyz made a motion and was seconded by Councilman Pero to close the public hearing.
MOTION CARRIED: PUBLIC HEARING CLOSED
Councilman Pero made a motion, seconded by Councilman Czyz to table the increase of permit fees. MOTION CARRIED: NO ACTION TAKEN
A motion was made by Councilman Czyz to accept the Dog Control Officer?s report as
submitted for the month of February, seconded by Councilman Rosiek.
MOTION CARRIED: DOG CONTROL OFFICER?S REPORT ACCEPTED
A motion was made by Councilman Pero, seconded by Councilman Czyz to accept the Police Chiefs report as submitted and read by Supervisor Chiavetta for the month of February.
MOTION CARRIED: POLICE CHIEF?S REPORT ACCEPTED
NO PLANNING BOARD REPORT
Water District update according to Supervisor Chiavetta is that Mr. Shea is looking into comparing fees for services.
Farmland Viability Consultant Selection Committee has received one proposal and some inquiries. Councilman Pero reported that he had information on erecting a clock at the corner in Brant, and that he was still researching Historical Markers for different sites. He has a report he will present at a later time.
Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda.
Supervisor Chiavetta recognized Debbie Timm from Jennie Chases? office. Mr. Lehman
asked questions on why his taxes went up, why permit fees are going up, and questions about street lighting. Mr. Henry inquired of Debbie Timm why Legislator Chase voted against the pesticide notification bill. Timm stated that questions will be forwarded to Chase. Tom Bowman questioned the Boards decision to support the Seneca Nation in a resolution approved in January of 2004. Board members spoke on this issue as individuals and reinstated their support of the Seneca?s right to be non- taxed. Supervisor Chiavetta stated that if there were no more issues at this time to move on with new business.
Councilman Arrigo made a motion and was seconded by Councilman Czyz to approve the use of the Community Building on April 3rd at 1PM, for a meeting of the Brant Cemetery Association.
MOTION CARRIED: BRANT CEMETARY ASSOC. COMMUNITY BUILDING FOR APRIL 3
Supervisor Chiavetta summarized a statement of fee changes from Adelphia.
Supervisor Chiavetta summarized and explained the need and use of a dry hydrant at the Brant Town Park pond.
Supervisor Chiavetta read from a letter from the State DOT informing the Town of the finalization of their study on speed reduction request on Erie Road bordering the Village of Farnham. The speed of 55 mph will be reduced to 45 mph on Erie Road at approximately Nordblum Road, before Evangola State Park entrance.
Councilman Rosiek made a motion, seconded by Councilman Czyz to pass a resolution to adopt the budget modifications presented and attached by the Town Accountant for the 2003 budget.
A roll call vote was taken:
Councilman Rosiek Aye
Councilman Czyz Aye
Supervisor Chiavetta Aye
Councilman Arrigo Aye
Councilman Pero Aye
5 Ayes 0 Nays RESOLUTION ADOPTED: BUDGET MODIFICATIONS APPROVED
Councilman Czyz made a motion, seconded by Councilman Pero for a resolution to approve the Brant Court to use a credit card system approved by the State to collect fines.
A roll call vote was taken:
Councilman Czyz Aye
Councilman Pero Aye
Councilman Rosiek Aye
Councilman Arrigo Aye
Supervisor Chiavetta Aye
5 Ayes 0 Nays:
RESOLUTION ADOPTED: APPROVE CREDIT CARD FOR COLLECTION OF FINES
Supervisor Chiavetta informed the board that he received a letter from New York State Real Property Services and that they received the notification of the appointment of Joseph DeCarlo as Assessor for the Town of Brant and notifying us that Mr. DeCarlo is up to date on current training but will have to attend classes for continuing education.
Supervisor Chiavetta stated that they would send another letter for a study on speed reduction of Versailles Plank Road in the Town of Brant. There was some discussion about the hazards for the highway workers and buses on this road. The board acknowledged that they sent a letter for Milestrip Road speed reduction also.
Supervisor Chiavetta made a motion to approve the appointment of Rosalie Hill to the Board of Ethics to replace Leah Mirusso who resigned from the position. Councilman Rosiek seconded the motion. MOTION APPROVED: R. HILL APPOINTMENT TO BOARD OF ETHICS
Supervisor Chiavetta reported that he has only received one written application for Recreation Director and a few phone calls. He also reported that he received one phone call from a non resident interested in the Ombudsman Committee. The Recreation Advisory Committee received two parties interested, M. Inglut and J. DeMaria. No Action on Parks Commissioner.
Councilman Pero questioned ATV?s, private property and Town road use. Attorney Grennell stated that enforcement is the generally the issue and that homeowners need to file a complaint. There was discussion about hazards on property and whether property owners are liable for trespassers.
Councilman Arrigo made a motion, seconded by Councilman Pero for the hourly employees at the Town Hall to use the time clock. Councilman Rosiek, Czyz and Supervisor Chiavetta voted nay.
MOTION DEFEATED
Councilman Rosiek made a motion, seconded by Councilman Czyz to have the temporary part time hourly recreation staff use the time clock this summer.
MOTION CARRIED: RECREATION STAFF TO USE TIME CLOCK
Councilman Pero updated the Board on the Historical Markers program he is working on and that there should be no cost to the Town, except for the actual installation of the markers.
Councilman Rosiek made a motion, seconded by Councilman Czyz and Pero to approve that a new organization, Friends of the Park, use the Community Building April 1st, in the evening for a meeting.
MOTION CARRIED: FRIENDS OF THE PARK/COMMUNITY BUILDING APRIL 1
Councilman Pero reported on the progress of the 501C3 for the Town.
Councilman Rosiek made a motion, seconded by Councilman Czyz, to publish a request for proposals for an Employee Handbook.
MOTION CARRIED: PUBLISH REQUEST FOR PROPOSALS/EMPLOYEE HANDBOOK
Supervisor Chiavetta announced the Association of Erie County Governments monthly meeting is being held on Thursday March 25, 2004 in Williamsville.
The Board announced they would have a work session on March 23, 2004 at 7:00 PM in the Meeting Room open to the public.
Supervisor Chiavetta announced that the next Town Board meeting is scheduled for April 13th, 2004 at 8:00pm.
A motion was made by Councilman Czyz and seconded by Councilman Pero that the abstract as shown be approved for payment. Abstract: 3 for the year 2004
General Fund Town wide General Town wide ? Payroll
Vouchers 55-112 Vouchers 8-13
Totaling: $100,851.24 Totaling: $31,608.27
General Fund ? Part Town Highway ? Town wide
Vouchers 6-9 Voucher 16-26
Totaling: $8,532.21 Totaling: $11,212.64
Highway Part Town Highway ? Payroll
Vouchers Vouchers 6-9
Totaling: $ Totaling: $15,217.76
Street Lighting Lotus Bay Sewer District
Voucher 2 Voucher 2
Totaling: $1,956.01 Totaling: $1,076.61
MOTION CARRIED: ABSTRACT APPROVED FOR PAYMENT
Supervisor Chiavetta made a motion seconded by Councilman Czyz, to adjourn the meeting in Memory of Mary Russell who passed away recently and was a Deputy Clerk for many years at 9:30 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: _____________________________________
