July 2003 Town Board Minutes

	Minutes of the regular meeting of the Brant Town Board and Public Hearing for the Draft of the Master Plan at 8:15 and Public Hearing for two Co-Locations of Antenna for AT&T Wireless at 8:45 p.m., held on Tuesday, July 8, 2003, 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		Planning Board & Revitalization Chairman
Diane Czyz			Supervisor?s Secretary
Gary Brecker			Code Enforcement Officer
Carl Militello			Dog Control Officer
Lee Brunelli			Jean Brunelli
Annette Dispence 		Sharon Joseph						
Joseph Gardyjan		Brenda Giacchino
Neal Wilson			Sherman Reickart, Jr.
Ed Dion			Dolly Dion
Raymond Dunkel		Nina Faltus
Jerry Faltus			Linda Muscato
Tony Muscato			Bill Henry
Marge Henry
	The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.

	Councilman Czyz made a motion; seconded by Councilman Rubeck to accept the minutes of the Town Board meeting of June 10, 2003 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 May as submitted.  MOTION CARRIED.

	A motion was made by Councilman Rosiek and seconded by Councilman Czyz to accept the Town Clerk and Court Clerk?s Financial Reports for the months of May.  MOTION CARRIED.	

Bill Henry of Milestrip Rd. made a request for the Supervisor to read the monthly report submitted by the Code Enforcement Officer.  

Mr. Henry questioned the appearance tickets issued to Mr. Guadagno.  Mr. Brecker stated that he would not be cross-examined regarding this matter month after month.  He stated that five appearance tickets were issued, three personally served and that a trial is scheduled for July 28, 2003.  

 Mr. Henry questioned special council on the matter due to possible conflicts of interest as was discussed at the last Planning Board meeting.  Supervisor Chiavetta stated that the Board could convene into executive session to discuss the issue.  

A motion was made by Councilwoman Bowman and seconded by Councilman Czyz to accept the Code Enforcement Officer?s report for June as submitted.  MOTION CARRIED.  

A motion was made by Councilwoman Bowman to accept the Dog Control Officers report as submitted for the month of June, seconded by Councilman Rubeck.  MOTION CARRIED.

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

In reviewing the Planning Board minutes of June 24, 2003, Councilwoman Bowman noted that it was discussed at the Planning Board that it be announced that residents can pick up or view a copy of any of the reports submitted by various boards as these records are open to the public.  This would be an excellent way to familiarize people with the work that the various departments do.  

Councilwoman Bowman also addressed the scheduling of Variance Hearings with the Zoning Board.  Due to a conflict of the application not being reviewed by the Planning Board before the variance was reviewed and the Planning Board feels that it is necessary for review prior to the scheduling.

In regards to the matter of the Guadagno litigation Councilwoman Bowman made a motion to hire special counsel due to a possible conflict of interest.  Attorney Grennell suggested that perhaps the DA?s office could be the prosecutor in this matter and he stated that he could look into it further.  The motion was seconded by Councilman Rosiek pending DA?s response.  MOTION CARRIED.

Leonard Pero commented on the plague for Mr. Brecker and wanted the dates of appointments so that one could be ordered.  Supervisor Chiavetta stated that Diane could look into the dates and forward it to Mr. Pero.

Mr. Pero also made a suggestion of a Business directory so that the businesses could be located throughout the town and that the Business owners would be less skeptical in providing information regarding their businesses.   He also stated that there had been a tentative date of August 19th to schedule a workshop between the planning board and the department heads and that he has a conflict with this date.  Alternative dates were discussed.  
Town Clerk, Jamie Nolan read the legal notice published in the Hamburg Sun on June 26, 2003 to open the Public Hearing for the presentation of the Draft Copy of the Master Plan as presented by Peter J. Smith and Company for possible adoption.  

 	Eve Holberg and Wendy DeCosta of Peter J. Smith & Company gave a lengthy overview of the Master Plan and there findings while preparing the draft copy.  A draft copy has been incorporated into these minutes.  

	Supervisor Chiavetta asked if there were any questions regarding the plan as presented.

	Bill Henry of Milestrip Road asked if land use violations would still be cited by the Code Book or by the Master Plan.  Councilman Rosiek stated that the master plan is just a guide and the Code Book is the law book.  

	A motion was made by Councilwoman Bowman to close the public hearing and set another Public Hearing to adopt the final project at a later date, which was seconded by Councilman Czyz.  MOTION CARRIED.

	Town Clerk, Jamie Nolan read the legal notice published in the Hamburg Sun on June 26, 2003 to open the Public Hearing for the Co-Locations of two AT&T Cellular antenna?s on properties located at Hardpan Road and Shaw Road.

	Kelly Zarcone a representative of AT&T gave an overview of the Company applications.  She asked the Town Board to conduct the SEQR review and declare a negative declaration.  She stated that the Planning Board had recommended the co-location.  

	Ray Dunkel who resides at the Corner of Erie Rd. and Shaw Rd., questioned the frequency and speed of the trucks who will be installing and maintaining the Antenna on Shaw Rd.  He stated that this is a dirt road and dust would be flying.  Ms. Zarcone stated that she did not know but would voice his concerns, directly to AT&T.  

	Mr. Brunelli asked if it had been decided on who actually owns the tower and if the proper bond has been obtained, if not, than he would have an objection to the antenna.  Gary Brecker stated that the only thing that was holding this up is the amount of the bond.  He stated that originally it was decided an amount of $25,000.  Then $10,000 was discussed.  He asked the Town Board to set a definitive amount.  

	Lengthy discussion took place on the procedures and engineering costs for bond issuance for the owner of the tower.  As this, did not immediately concern the Antenna issue at hand, a motion was made by Councilwoman Bowman to close the public hearing, seconded by Councilman Rubeck.  MOTION CARRIED.

	Councilman Rosiek questioned lighting on the Shaw Road tower.  Ms. Zarcone stated that she did not look at the plans.  Mr. Rosiek stated that with the location being in the State park that he would like to see a red beacon light for Mercy Flight, etc.  Ms. Zarcone stated that the light would be an issue for American Towers.   

	A motion was made by Councilman Czyz to authorize the co-location contingent upon the owner obtaining a removal bond in the amount of  $25,000 and the appropriate lighting installed, seconded by Councilman Rosiek.  One Nay by Councilwoman Bowman.  MOTION CARRIED.  

	Councilman Rosiek made a motion to declare the negative declaration of the SEQR review, seconded by Councilman Czyz.  MOTION CARRIED.

	A motion was made by Councilman Czyz to review all Cell Towers Special Use Applications on an annual review on the special use permit applications submitted, the motion was seconded by Councilman Rosiek.  MOTION CARRIED.

	In returning to the minutes of the planning board and scheduling of a date for the workshop for various departments, Len Pero stated that he would get back to them with a better date.

	Councilwoman Bowman made a motion to accept the planning board minutes as submitted, the motion was seconded by Councilman Rubeck.  MOTION CARRIED.	

	Supervisor Chiavetta gave an update on the Water District and stated that there was to be a special meeting on Friday in Hanover for the intercommunity line break and that Councilman Rubeck and Attorney Grennell.  A meeting is to be held the following week for the Brant/Evans/North Collins line.

Len Pero stated that there is nothing new to report on the revitalization committee. 

No action was taken on the Master Plan Update as it was previously discussed.  

Supervisor Chiavetta opened the Acknowledgement of Visitors.

Ed Dion of the Brant Farnham Senior Citizens informed the Board the there picnic was to be held the following day and he was not aware if the electric was on, Dennis Rubeck stated that he would take care of the matter.  

Len Pero questioned the possibility of the swings being put up.  

Supervisor Chiavetta stated that the Town has applied for another parks grant to try to obtain more equipment for the playground.  Councilman Rubeck stated that there is some money set aside for the playground but it would be helpful if additional financing would be available so the area could be enlarged.  

Annette Dispence questioned if the bushes at Memorial Park could be trimmed as you can not see the monument.  Supervisor Chiavetta stated that they have been waiting on the Highway Department available and they are to take some of the bigger bushes and look to see what else to do if anything.

Nina Faltus stated that the large rocks and chain link fence should also be removed because it looks terrible.

Annette Dispence stated that there is also a terrible pothole at the corner of Brant Reservation and Milestrip that needs attention.  Supervisor Chiavetta stated that he would make a call to the county to see if they could fix it.  

Mrs. Mancuso of 1375 Milestrip stated that she lives across from 1388 Milestrip and questioned the property maintenance.  The grass needs mowing.  She stated that last year someone had come out to mow.     

Supervisor Chiavetta stated that the banks hire out the maintenance and sometimes the companies do not do there job.  He stated that the town could see who the mortgagee is on the property and contact them to schedule the maintenance.  

Town Clerk, Jamie Nolan stated that there is no mortgage listed on the property, so that makes it almost impossible to find out the status or whom to contact on the possible sale or auction of the property.

Gary Brecker, Code Enforcement Officer, stated that he would call a couple of maintenance companies to see if they have the property on their list.  

Additional discussion took place regarding the auctions held by Erie County on the tax liens.

	Sharon Josef a resident of Versailles Plank Rd. stated that she has only attended 2 Town Board Meetings in the 26 years she has resided here and that she relays on the Sun for her information.  She had previously been on the North Collins School Board and she most recently received a packet from the NYS Comptrollers Office regarding a recent audit.  She wanted to know why this information hadn?t been made public.  She asked if the response letter was done in executive session or open session and stated that no matter what the Board does it seems that it could be a violation of some law but she wanted to know why it had not appeared in the Sun.

	Supervisor Chiavetta explained that the Town Board received the final audit probably about the same time she had and that the notice of the audit had been published in the Sun the next publication after it had been received, open to public review.  He stated that the letter in response was drafted during a meeting with the auditors in an effort to put controls in place.

	Councilman Czyz stated that there was a period of time that they were asked to keep items confidential until the report was finalized.  Up until that point, it was only discussed in an executive session.

	Ms. Josef stated that with her being on the School Board that they were only allowed to go to executive session for personnel.  If they wanted to discuss matters of other elected officials that it had to be done openly.  This is why she is questioning this matter.

	Supervisor Chiavetta stated that no action can be taken in executive session, only discussions and as no action had been taken in these sessions, that nothing then was openly discussed at the meetings.  He stated that most of these discussions occurred within the meetings with the Comptrollers office.

	Ms. Josef stated that she has prepared a letter to the NYS Comptrollers asking why she received this correspondence when she has not been on the School Board for a number of years.

	A request was made from Lakeshore Youth Football to start practices on July 25th at the park along with a request to have two port-a-potties brought up near the field.  Town Clerk asked if they were requesting two additional potties and at their own expense?   Mr. Borrman indicated that they would accept the responsibilities.

	The Town Clerk presented information that she had received regarding the possibility of the Town to become a Passport Acceptance Facility, she indicated that little information had been obtained and no cost factor had been provided.  As the training was to begin July 22, 2003 and that they would again offer training next year, she asked the Board to consider tabling the request until other towns had been able to utilize the service so a more accurate picture could be obtained.  Councilman Czyz made a motion to table, seconded by Councilman Rosiek.  TABELED.

	A request was made from Tammy Czyz as assistant to the Supervisor?s Secretary to dispose of inactive records held in the Supervisor?s office as indicated acceptable by the State disposition manual.  A list of the disposed records would be made part of the minutes of the Town Board.  Councilman Czyz made a motion to authorize the disposition, seconded by Councilman Rubeck.  MOTION CARRIED.

	Councilwoman Bowman submitted a letter which she sent to Sheriff Gallivan?s office regarding the start of the Neighborhood Watch Program which had started in Farnham and looked forward to working with the entire town.  She also spoke of her findings and concerns that the Village Residents have regarding the problems they are having.  She stated that she did speak with Chief Falk and that most of the problems are occurring after the Town police are off duty.

	A motion was made by Councilman Czyz, and seconded by Councilwoman Bowman to reschedule the Public Hearing for a possible Curfew Law for August 12th at 8:15 p.m. to coincide with the Village of Farnham?s for help in preventing the problems discussed.   MOTION CARRIED.

	The Town of Wales and Town of Amherst submitted a resolution for review of the Town of Brant for the lost revenue that would occur if they shared the 1% extra County Tax with the City of Buffalo.  This resolution which states that there is concern that the City of Buffalo?s financial problems can have a serious effect on the South towns however they do not feel that sharing the extra 1% would be beneficial to the Town residents by increasing their tax load by increase of property taxes, they asked the Town of Brant to offer a similar resolution.  After reviewing the resolution, Councilman Rosiek made a motion to adopt such a resolution, seconded by Councilwoman Bowman and a roll call vote taken:

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


	Councilwoman Bowman offered information on a Carseat Safety Check, sponsored by Jeanne Chase?s office to be held July 28th from 5:30-7:00 p.m. at the Brant Fire Hall.  

	Councilwoman Bowman also presented information and concern for the need of a Community Health Fair for Heart Disease and that Tri-Councy (TLC), Univera will be hosting a blood pressure check and talking with individuals on August 18th from 9-11 a.m. at the Brant Community Building for anyone interested in attending.

	A motion was made by Councilman Rubeck and seconded by Councilman Czyz that General Town Wide Warrant 2003 #7, Vouchers 207-257, totaling $27,964.95, General Town Wide-Payroll Warrant 2003 #7, Vouchers 20-22, totaling $27,595.64, General Fund Part Town 2003 #7, Vouchers 23-24, totaling $51.81, Highway Town Wide 2003 #7, Voucher 53-61, totaling $2,208.24, Highway Part-Town 2003 #7, Voucher 9, totaling $297.73, Highway Payroll 2003 #7, Vouchers 11-12, totaling $8,079.04, Lotus Bay Sewer 2003 #7, Voucher 8, totaling $365.46, Street lighting 2003 #7, Voucher 6, totaling $1,506.51, and Lotus Bay Sewer 2003 #7, Vouchers 8, totaling $365.46 be presented for payment.  MOTION CARRIED.

	A motion was made by Councilwoman Bowman seconded by Councilman Czyz to adjourn the meeting at 10:05 p.m. MOTION CARRIED.

							Respectfully submitted,

							Jamie S. Nolan, Town Clerk