“Subject to Board Approval”

Minutes of the regular meeting of the Brant Town Board at 8:00 PM and Public Hearing for Local Law #1 of 2005 entitled “Adult Use and Entertainment” amending Section 161-18 of the Zoning Ordinance Brant Town Zoning Laws at 8:15 pm, sealed bid opening for the Brant Town Parks, ball field maintenance, & park trash pickup, and Town Hall grounds(sidewalk snow removal) at the Brant Town Hall, held March 8, 2005, 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                         

Attorney John Grennell                                                                                             

Recording Secretary: Thea Ells Town Clerk

Absent: Councilman Leonard Pero – due to hospitalization - Letter of explanation attached to minutes

Also present were:

Joseph Gardyjan, Planning Board Chairman                   William Easterling, resident 

George Cordia, Village Trustee                                    Diane Czyz, Supervisors’ Secretary

Lee Brunelli, resident                                                 Ed Dion, resident               

Sherry Hughes, The Sun                                            Thomas Bowman Jr., Pro Shop

Alice Escott, Town Crier                                             Charles Arrigo, resident

Joseph Giambrone, Highway Super.

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

Supervisor Chiavetta announced to those in attendance that there was a Public Hearing at 8:15 and a Bid Opening at 8:30 which he will break for and then return to regular business.

Supervisor Chiavetta announced a Traffic Advisory from NYS DOT effective Monday March 7, 2005, the bridge on NY Route 5/US Route 20 over Cattaraugus Creek will be posted for a maximum weight limit of 18 tons as repairs are made to the steel members.

Councilman Arrigo made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of February 8, 2005 as submitted by the Town Clerk. 4 ayes

 MOTION CARRIED:  FEBRUARY 2005 MINUTES APPROVED

           A motion was made by Supervisor Chiavetta seconded by Councilman Rosiek to accept the Supervisors Financial report for the month of January as submitted. 4 ayes

 MOTION CARRIED: SUPERVISORS JANUARY FINANCIAL REPORT ACCEPTED

A motion was made by Councilman Rosiek and seconded by Councilman Czyz to accept the Town Clerk’s & Tax Collection Accounts Financial Reconciliation Report for February 2005. 4 ayes

MOTION CARRIED: TOWN CLERKS & TAX COLLECTOR FEBRUARY FINANCIAL RECONCILIATION REPORT ACCEPTED

A motion was made by Supervisor Chiavetta and seconded by Councilman Czyz to accept the Justice Clerks Financial Reconciliation Report for February 2005. 4 ayes

MOTION CARRIED: JUSTICE CLERKS FEBRUARY FINANCIAL RECONCILIATION REPORT ACCEPTED

Supervisor Chiavetta read from Code Enforcement Officers Fred Ball Jr. February 2005 report as he was unable to attend. A motion was made by Councilman Rosiek and seconded by Supervisor Chiavetta to accept the report. 4 ayes   

MOTION CARRIED: CODE ENFORCEMENT OFFICER’S FEBRUARY REPORT APPROVED

A motion was made by Supervisor Chiavetta to accept the Dog Control Officer’s report as

submitted for the month of February, seconded by Councilman Czyz. 4 ayes

MOTION CARRIED: DOG CONTROL OFFICER’S FEBRUARY REPORT ACCEPTED

A motion was made by Supervisor Chiavetta, seconded by Councilman Czyz to accept the Police Chiefs report as submitted and read by Supervisor Chiavetta for the month of February. The new 2005 vehicle should be arriving in about two weeks 4 ayes

MOTION CARRIED: POLICE CHIEF’S FEBRUARY REPORT ACCEPTED

A motion was made by Councilman Czyz, seconded by Supervisor Chiavetta to accept the Planning Board reports for January and February as submitted. 4 ayes

MOTION CARRIED: PLANNING BOARD JANUARY & FEBRUARY MINUTES ACCEPTED

The Zoning Board of Appeals reported that they had met for a variance request from Catalano of Brant North Collins Road to split a house from the property and not cut out any grapes which they would have to do to stay within the frontage regulations for a residence in an agriculture zone. The variance was granted.

Supervisor Chiavetta acknowledged receipt of a letter from the Town of Collins and their intent to not participate in the water consortium at this time. Councilman Rosiek commented that according to their letter, the Town of Collins would like to possibly be a part of the future supply but not the new construction.

Supervisor Chiavetta reported that the Brant Revitalization Committee and the Town would be working with E&M on the plans for Memorial Park and the sidewalk project as our CDBG funding was approved.

Supervisor Chiavetta opened the Acknowledgement of Visitors if anyone present had any questions or concerns that are not listed on the agenda.

Lee Brunelli from Brant Farnham Road stated that he noticed a chest freezer outside the corner store building and it had a lid on it and it didn’t look like it was locked and it should be removed.

As everyone who wanted to be heard had been heard, the Acknowledgement of Visitors was closed. 

Supervisor Chiavetta stated that he was sending the following proclamation in Honor of Emil Chiavetta’s 100^th Birthday:

WHEREAS, EMIL CHIAVETTA was born on March 3, 1905 on the family farm in Brant, New York, and

WHEREAS, EMIL and his twin brother Sam were stars in baseball and basketball in the 1920’s on the Angola High School teams and

WHEREAS, EMIL and Sam opened an International Harvester Farm Machinery business in 1930 at the age of 25 in Olean, New York and

WHEREAS, President Theodore “Teddy” Roosevelt was in office when Emil was born. Emil lived through Prohibition and the great Depression. Emil was 9 when World War I began and 34 when World War II began in 1939 and

WHEREAS, in 2001 Emil and Sam won the gold metal at the Annual Twins Day Festival in Twinsburg, Ohio for being the oldest Twins at the festival and

WHEREAS, in 2002 Emil celebrated their second gold metal on an appearance on
“The Tonight Show” with Jay Leno and

WHEREAS, Emil and his family were always active in civic and social organizations in the city of Olean, New York and Western New York

NOW, THEREFOR BE IT RESOLVED, that the Town of Brant residents, elected officials and especially the Supervisor are proud of Uncle Emil’s accomplishments during his lifetime and also

THEREFORE BE IT RESOLVED that March 3^rd, 2005 was EMIL CHIAVETTA DAY in the Town of Brant.

AD MULTOS ANNOS Samuel Chiavetta Jr., Supervisor Town of Brant

          The Board reviewed a resolution from the Supervisor of Amherst concerning a Support for the Association of Erie County Government Exploration of Intermunicipal Agreements.  This came about after a meeting of Supervisors and Mayors throughout Erie County where they agreed to pursue a committee of Supervisors and Mayors to explore what services can be provided through inter-municipal agreements to compensate for the collapse of County service provisions.  As the issues which were raised such as parks, roads and police service and other concerns do not effect the Town of Brant at this time the Board decided to table the resolution.

          The Board discussed with Attorney John Grennell the legal feasibility of creating a DPW Department in place of our Highway Dept. John Grennell stated that it certainly is feasible, there were provisions for that scenario and that a Local Law would have to be enacted by the Town Board at a Public Hearing and then a Mandatory Referendum. Councilman Arrigo and Attorney John Grennell will meet at the next work session.

    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 22^nd, 2005 issue.

            PLEASE TAKE NOTICE that the Town Board of the Town of Brant will conduct a Public Hearing on the 8^th day of March., 2005, 8:15 p.m. at the Brant Town Hall, Brant-North Collins Road, Brant, New York, to consider the enactment of the proposed Local Law #1 for 2005 described and summarized below:

Such being a local law entitled “Adult Use and Entertainment” amending Section 161-18 of the Zoning Ordinance of  the Town of Brant Erie County, New York to add provisions for regulation of adult use and entertainment establishments.

A copy of the proposed law can be obtained from the Town Clerk’s office of the Town of Brant.

Dated: February 17, 2005, Thea Ells, Brant Town Clerk, By order of Brant Town Board

          Supervisor Chiavetta summarized the law and sections to the residents in attendance, with references to section one which restricts adult use and entertainment type businesses to the industrial zoned areas of the town. Section two defines how the use may be amended and section three defines adult use and entertainment businesses; section four: use and entertainment business and the regulations, the intent, the purposes and considerations, and the restrictions, the special requirements concerning hours, setbacks etc. Section 5 considers the intent of the Town Board and Section 6 states that this local law shall take effect upon its adoption and filing with Secretary of State in accordance with the provisions of Section 27 of the Municipal Home Rule Law. The Supervisor mentioned that the zones which would be acceptable were in the industrial areas outside the Village along Church Street and Railroad Avenue.

            Supervisor Chiavetta asked for any comments from the visitors and residence, and he stated if anyone wanted to read the entire law which is quite long and detailed there were copies available. Attorney John Grennell stated that there were materials from the Association of Towns and Engineer Glen Cooley regarding zoning which the Board Members reviewed and considered before adopting this Law and would like the materials to go into the record (file) with the Law to show that the Board took into consideration all aspects concerning the Law.

As no one else addressed the Board Councilman Arrigo made a motion, and Councilman Czyz seconded the motion to close the public hearing. 4 Ayes  

 MOTION CARRIED: PUBLIC HEARING CLOSED

Supervisor Chiavetta made a motion to adopt Local Law 1-2005 and Councilman Rosiek seconded the motion.  A roll call vote was taken:

Supervisor Samuel Chiavetta, Jr.         AYE

Councilman Martin Rosiek                   AYE  

Councilman Eugene P. Czyz Sr.           AYE

Councilman John Arrigo                      AYE              

The vote being 4 Ayes and 0 Nays

MOTION CARRIED: LOCAL LAW 1-2005 ADOPTED (attached to the Minute Book due to length)   

Supervisor Chiavetta stated that there is a Recreation Committee; Councilman’s Czyz and Arrigo but a liaison still will need to be appointed and that advertising will begin for a new Recreation Director.

          Supervisor Chiavetta referred to a letter received form Energy Services Providers, Inc. which states that the Town would save 15% on electric costs.  The Board asked that Thea get a sample bill and find out if there are any switch back fees that the Town might incur.

          Supervisor Chiavetta referred to a letter which Thea Ells, Town Clerk received in regards to permits for work on State Highways, Municipal Insurance Requirements.  The Supervisor said that  he would contact the Engineer for the Sidewalk project.

          Supervisor Chiavetta sent letters of support to our Senators and Congressmen for funding to remain intact for Community Development Block Grants in response to the possible cuts in the proposed 2006 Federal Budget.

          Supervisor Chiavetta mentioned that they was waiting to here from our current health insurance carriers to get an update on the costs and conditions for carrying single coverage for any (over twenty year employee) retirees. This has been the towns’ precedent for many years and still remains the practice to the Town.

          Supervisor Chiavetta stated that the spec’s for the roof of the Recreation Building and the Highway Garage are ready and we should advertise for bids to be opened at our next board meeting at 8:15 PM.

          Supervisor Chiavetta announced that the next board meeting date would have to be changed as he would be going to Albany with the Erie County Government Association to lobby for Medicaid reform and other issues concerning Erie County and all our Towns and Villages.

 The next Town Board Meeting date will be Thursday, April 14^th.

At 8:30 PM Thea Ells read the following notice which was published in the Town Crier on February 15^th: The Town of Brant is accepting price quotes for Brant Town Parks and Town Hall lawn mowing, grounds maintenance, ball field maintenance, and park trash pickup. Sidewalk snow removal at Town Hall should also be included. The Brant Town Board reserves the right to accept/reject any and all quotes. Bid specs can be obtained at the Town Clerk’s Office at 1294 Brant North Collins Road during normal business hours, by calling (716) 549-0282, or by logging onto our website @brantny.com and looking under Town Bulletin. Quotes must be received at the Supervisors office by March 8^th, 2005 at 8:30 p.m. when bid quotes will be opened publicly.

Thea A. Ells, Brant Town Clerk By order of Brant Town Board

The Board did not receive any bids so now they will contact some of the contractors we have heard from in the past and ask for bids.  The bids will be reviewed at the next meeting. Councilman Czyz moved to close the bid opening and Supervisor Chiavetta seconded the motion.

MOTION CARRIED: BID OPENING CLOSED WITH NO BID AWARDED

     Supervisor Chiavetta announced the Association of Erie County Governments monthly meeting is being held on Thursday March 24, 2005 in Orchard Park and the program that will be covered is Economic Development, Erie Niagara Regional Partnership and the 2004 Year End Report. 

          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.

          Joseph Giambrone asked the Board to arrange a meeting with the leaders of the Lake Shore Youth Football and go over this years schedule and the some of the issues that have arisen other years. Thea Ells reported that they have requested two dates in August and that she explained to them as it was our peak rental time they would have to pay as everyone else.  Joseph Giambrone mentioned the problems with garbage and cleanup at the end of the season last year. Supervisor Chiavetta said that they would get together with Dave Mascio soon.

A motion was made by Councilman Rosiek and seconded by Councilman Czyz that the abstract as shown be approved for payment. 4 ayes        Abstract:   3 for the year 2005

MOTION CARRIED: ABSTRACT APPROVED FOR PAYMENT

 Councilman Czyz made a motion seconded by Councilman Arrigo, to adjourn the meeting at 8:45 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:                                                                   __________