Minutes of the regular meeting of the Brant Town Board held on Tuesday, June 11, 2002 at 8:00 p.m., and Public Hearings at 8:15 p.m. and 8:20 p.m. for Special Use Permits submitted by Joseph Schottmiller and Josh Folts and bid opening at 8:30 p.m. for the opening of bids received on the Master Plan, at the Brant Town Hall, Brant-N. Collins Rd, Brant, New York.

There were present:

Supervisor                               Samuel J. Chiavetta
Councilman                             Dennis Rubeck
Councilman                             Martin Rosiek
Councilman                             Eugene Czyz
Attorney                                  John Grennell

ABSENT:                              

Ellen Bowman

Also present:

Gary Brecker                           Code Enforcement Officer
Maggie White                         Zoning Board Chairman
Sherry Hughes                        Sun Representative
Leonard K. Pero                      Revitalization Chairman
Diane Czyz                             Supervisor’s Secretary
Donna Marien                         Dog Control Officer
Lee Brunelli                            Jean Brunelli
Ed Dion                                   Dolly Dion
Joe Gardyjan                           Tony Andolina
Mark Hageman                       Bill Henry
Bob Palmer                             Judy Palmer
Betty O’Donnell                     John O’Donnell
Marjorie Henry                       Janet Bowman
Herman Ciminesi                    Joseph Schottmiller
Josh Folts   

The meeting was opened with a pledge to the flag led by Maggie White.

Councilman Czyz made a motion; seconded by Councilman Rubeck to accept the minutes of the Town Board meeting of May 2002 as submitted by the Town Clerk.  MOTION CARRIED.

A Motion was made by Councilman Rosiek, seconded by Councilman Czyz to accept the Supervisors financial report for the month of April as submitted.  MOTION CARRIED.

A motion was made by Councilman Rubeck, seconded by Councilman Czyz to accept the Code Enforcement Officers report for the month of May as submitted.  MOTION CARRIED.

Mr. Brecker stated that the violation notices were getting attention however several residents are asking for more time.  He has been allowing one month for time extension.

Supervisor Chiavetta asked Mr. Brecker if he received a copy of the letter from the Village of Farnham and other residence regarding complaints throughout the Town.  Mr. Brecker stated that he had received them.

A motion was made by Councilman Czyz, seconded by Councilman Rosiek to accept the Dog Control Officer for May as submitted.  MOTION CARRIED.

Supervisor Chiavetta asked if we could possibly get another rabies clinic scheduled because of the great response last year.  Dog Control Officer thought it would be a good idea as most people only obtained the one-year vaccination.  They were to check to see if later in September could be set up.

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

Councilman Czyz made a motion to accept the planning board minutes of May 28th as submitted, noting that the Planning Board is requesting the fees for Special Use fees for used car lots to $250 and junkyards be increased to $350.  Councilman Rubeck seconded the motion to approve the minutes.  MOTION CARRIED.

Supervisor Chiavetta stated that there was no update on the water district or consortium.

Leonard Pero gave an update on the Revitalization Committee and stated that he is currently looking into grants available with the USDA.  He met with them earlier and was looking into filing the non-profit organization for increase in grants availability. 

Supervisor Chiavetta opened the Acknowledgement of Visitors and stated that the meeting would have to be stopped at 8:15 p.m. for the first Special Use Permit hearing:

Bill Henry of Milestrip Road questioned the result of Tony Muscato’s letter of complaint on mutual neighbors property.  He didn’t see anything cleaned up.  Code Enforcement Officer, Gary Brecker stated that they were given one month to clean up.  Mr. Henry stated that he hasn’t done anything in two weeks.  Mr. Brecker stated that if it does not get cleaned, they would issue a notice of violation to the party leasing the property.

Herman Ciminesi of Brant North Collins Road questioned the property maintenance of 10641 Brant Angola Rd., the grass has not been cut and nobody is taken care of the property.  He stated that he tried to contact the mortgage company that had taken foreclosure proceedings and has not gotten anywhere.  Mr. Brecker stated that he had the property maintenance people out last year and will call them again.  Mr. Ciminesi also questioned the appearance of the Town Hall driveway.  He stated that there are potholes that need to be taken care of and weeds growing in between the stakes and the actual driveway. 

Supervisor Chiavetta stated that the Highway Department would be oiling and stoning the driveway in the next few weeks and asked Mr. Ciminesi if he would like them to do it up to the stakes.  Mr. Ciminesi stated that would be acceptable.

Supervisor Chiavetta interrupted the Acknowledgement of Visitors to start the public hearing for Mr. Joseph Schottmiller to be allowed to use a fifth wheel camper as a personal hunting or camping facility on 10097 Erie Road.

The Town Clerk opened the public hearing by reading the legal notice published on May 30, 2002.

Councilman Czyz stated that he would be afraid to authorize the Special Use, as it would set precedence for others wanting to have travel trailers or mobile homes. 

Supervisor Chiavetta asked if he had enough land that he would be able to move it back.  Mr. Schottmiller explained that he would be moving it back about 100’ but has not yet been able to do it. 

Supervisor Chiavetta stated that in his application Mr. Schottmiller stated that it would be well kept and increase the value of the property.  Mr. Chiavetta stated however that being a travel trailer, it would not be assessable and could not increase the value.]

Mr. Schottmiller questioned the fact that others are allowed to store their travel trailers, campers, etc on their property.

Betty O’Donnell of Hammond Road stated that she would also be afraid it would set precedence.  Property owners are being assessed on the value of their houses and should be entitled to storage, not to live in.

As everyone wanting to be heard, had been heard, Councilman Rosiek made a motion to close the Public Hearing, which was seconded by Councilman Czyz.  MOTION CARRIED.

Councilman Czyz made a motion to deny the Special Use Permit application by Joseph Schottmiller, Councilman Rosiek seconded the motion and a roll call vote was taken.

ROLL CALL VOTE:

Councilman Czyz                   Aye
Councilman Rosiek                 Aye
Councilman Rubeck               Aye
Supervisor Chiavetta              Aye

4 Ayes, No Nays.  SPECIAL USE PERMIT DENIED.

Town Clerk read the legal notice to open the Special Use Permit Hearing for Josh Folts to open a Commercial Warehouse at 10307 Mile Block Road, which was published on May 30, 2002.

Councilman Rosiek asked Mr. Folts if all of his equipment, except for farm tractors would be registered for road use and if approved, if the character of the neighborhood would not be disturbed by having sales of used vehicles or equipment by the road. 

Mr. Folts stated that all of his merchandise is stored inside and consists of empty cans, palletized freight, etc. and is stored in the 55,000 square foot building. 

Councilman Czyz made a motion to close the public hearing, which Councilman Rubeck seconded.  MOTION CARRIED.

Councilman Rosiek made a motion to approve the special use application with the conditions stated.  Councilman Rubeck seconded and a roll call vote taken.

ROLL CALL VOTE:

Councilman Rosiek                 Aye
Councilman Rubeck               Aye
Supervisor Chiavetta              Aye
Councilman Czyz                   Aye

4 Ayes, No Nays.  SPECIAL USE GRANTED.

Supervisor Chiavetta continued the acknowledgement of visitors.

Joseph Schottmiller asked if he could be given a specified length of time to either sell or move the travel trailer.  He asked if he could store the trailer without use?  Mr. Brecker was to check with Clarification of Motor Vehicles to check if eligible for the off street parking assessorial use.  Mr. Schottmiller stated that it was a fifth-wheel trailer.  Mr. Brecker then stated it would not be covered under off street parking. 

Eugene Czyz made a motion to allow 60 days for Mr. Schottmiller to sell or move the trailer, which was seconded by Councilman Rubeck.  MOTION CARRIED. 

As everyone wanting to be heard had been recognized, the Acknowledgement of visitors was closed.

Town Clerk read the bid notice, which was advertised for the Master Plan to begin the bid opening at 8:30 p.m.  It was noted that two (2) proposals had been received, they were as follows:

Peter J. Smith-$47,334 (GIS-preferred option of $2,400)

Behan & Associates-$45,000 (flexibility on project)

Supervisor Chiavetta stated that Behan & Associates presented the apparent low bid however the proposals would be turned over the Chet Jandzinski of Erie County Planning and reviewed for content.

Councilman Rosiek made a motion to close the bid opening, seconded by Councilman Czyz.  MOTION CARRIED.

Councilman Rubeck made a motion to set a bid opening for the Brant Fire Company ADA Grant for the renovations of the bathrooms for July 9, 2002 at 8:15 p.m., Councilman Czyz seconded the motion.  MOTION CARRIED.

Councilman Rubeck made a motion to authorize and direct Supervisor Chiavetta to file and execute an application for funds form the New York State Office of Parks, Recreation and Historic Preservation in an amount not to exceed $70,000, the motion was seconded by Councilman Rosiek and a roll call vote taken:

ROLL CALL VOTE:

Councilman Rubeck               Aye
Councilman Rosiek                 Aye
Councilman Czyz                   Aye
Supervisor Chiavetta              Aye

4 Ayes, No Nays.  RESOLUTION ADOPTED.

Councilman Rosiek made a motion to adopt a resolution to affirm the Town of Brant Parks & Recreation Master Plan developed by the Committee in 1972, Councilman Czyz seconded the motion and a roll call vote was taken.

ROLL CALL VOTE:

Councilman Rosiek                 Aye
Councilman Czyz                   Aye
Councilman Rubeck               Aye
Supervisor Chiavetta              Aye

4 Ayes, No Nays.  RESOLUTION ADOPTED.

Councilman Czyz made a motion to support the efforts of the Town of Boston in designating Route 219 as a Scenic Byway; this motion was seconded by Councilman Rosiek and vote taken.

ROLL CALL VOTE:

Councilman Czyz                   Aye
Councilman Rosiek                 Aye
Councilman Rubeck               Aye
Supervisor Chiavetta              Aye

4 Ayes, No Nays.  RESOLTUION ADOPTED.

The Town Board received and filed a letter from Connie Miner, Grant Consultant, an award in funding for two (2) bulletproof vests for use of the Police Department.        

A letter of resignation was received from James Hy as Assessor to be effective June 7, 2002.  Councilman Rubeck made a motion to accept the resignation, seconded by Councilman Czyz.  MOTION CARRIED.

Letters of interest in the position of Assessor were received from Robert Sager and Bradley Borngraber.  A motion to table the appointment as a requirement to notify and receive confirmation by the State Comptrollers Office was made by Councilman Rosiek and seconded by Councilman Rubeck.  TABELED.

A letter had been received from Dan Ryder regarding the speed limit on Versailles Plank Road, along with petitions from area residents submitted, requesting to reduce the limit to 45 mph. 

Supervisor Chiavetta stated that the Board would have to make a resolution asking for the DOT to do a study and based on their findings it would either be approved or denied.  He asked the Board if they would like to pass a resolution to have the study done.

Town Clerk, Jamie Nolan, asked as a resident, if the DOT could also look into lowering the speed from 55 mph to 45 mph on Route 249 from Hammond Rd. to the Village of Farnham line.  There is limited site due to the thruway overpass, then a number of accidents at the corner of Route 20, then limited site and blind driveways after Route 20 and then the Village line, with a number of school age children.  It made no sense to increase speed from 45 to 55 then have to stop and go 55 to 30 mph limits.

Councilman Czyz made a motion to pass a resolution request the State DOT to do study’s at both of these locations which was seconded by Councilman Rosiek and vote taken:

ROLL CALL VOTE:

Councilman Czyz                   Aye
Councilman Rosiek                 Aye
Councilman Rubeck               Aye
Supervisor Chiavetta              Aye

4 Ayes, No Nays.  RESOLUTION ADOPTED.

Rural Transit submitted an invitation for one representative of the Town of Brant to attend the Recognition Day ceremonies at Chestnut Ridge Park on June 21, 2002.  The invitation was announced and filed.

A letter was received from the Village of Farnham concerning the Justice Court records being audited and ready to be turned over to the Town of Brant due to the abolishment of the Village Court. 

A letter was received from the Friends and Neighbors Against the Brant Garbage Landfill concerning the low fees for the junkyards and used car dealership fees, the offered a suggestion of $2,000 for junkyards and $3,000 for used car dealerships. 

A discussion ensued, as it was believed that changes to the prices could not be made except at the organizational meeting.  Supervisor Chiavetta stated that these items and concerns do need to be addressed and suggested tabling any action until July so they could find out when the changes can be adopted.  Councilman Rosiek made a motion to table the increase, which was seconded by Councilman Czyz.  TABELED.

Applications for employment for the recreation program had been received from Barry Ohnmeiss, Crystal Ohnmeiss, Jennie Zuber and Matthew Murphy.  All would be forwarded to the Recreation Director for review.

A motion was made by Councilman Rubeck and seconded by Councilman Czyz to authorize the Recreation Director to make the necessary appointments for counselors and lifeguards for the Recreation Program.  MOTION CARRIED.

A motion was made by Councilman      seconded by Councilman                   to set the recreation program as starting July 8, 2002 and ending August 16, 2002 at the same cost as last year.  $50.00 for the 1st child, $35.00 for the 2nd child and $25.00 for the 3rd child with a cost of $10.00 each for the bus to a maximum cost of $150.00 per family.   

The Association of Erie County Government sent an invitation for board members to for the next meeting to be held on Thursday, June 27, 2002.  Supervisor Chiavetta noted that this meeting would be hosted by the Town of Brant at the Community Building.  The next meeting is in July and will be the Boat Cruise.

A motion was made by Councilman Czyz and seconded by Councilman Rosiek to draft a proclamation and to present it to the Town of North Collins for it’s 150 year celebration on June 16, 2002.  MOTION CARRIED.

A letter was received from Kathleen Uliazek for interest in employment as an office clerk.  The letter was filed for future reference.

A motion was made by Councilman Rosiek and seconded by Councilman Czyz to authorize the approval of the settlement of the Assessment Matter regarding A. Sam & Son property on the corner of Milestrip and Brant-Reservation as recommended by Attorney Leonard Berkowitz. 

ROLL CALL VOTE:

Councilman Rosiek                 Aye
Councilman Czyz                   Aye
Councilman Rubeck               Aye
Supervisor Chiavetta              Aye

4 Ayes, No Nays.  RESOLUTION ADOPTED.

A motion was made by Councilman Rubeck and seconded by Councilman Czyz that General Town Wide Warrant 2002 #6, Vouchers 160-206, totaling $17,553.88, General Town Wide Payroll 2002, Warrant #6, Vouchers 15-17, totaling $25,591.05, General Part Town Warrant 2002 #6, Vouchers 18-21, totaling $7,907.75. Highway Fund Payroll 2002, Warrant #6, Vouchers 10-11, totaling $6,320.65, Highway Town Wide 2002 #6, Vouchers 47-52, totaling $1,638.78, Highway Part Town Warrant #6, Vouchers 7-10, totaling $24,914.53, Street Lighting Fund 2002, Warrant #6, Voucher 5, totaling $1,635.02.  Lotus Bay Sewer Dist 2002 Warrant #6, Voucher 7, totaling $391.68, Brant Water District Warrant #6, Voucher 1, totaling $17,527.50 be presented for payment.  MOTION CARRIED.

A motion was made by Councilman Rubeck, seconded by Councilman Czyz to adjourn the meeting at 9:06 p.m.  MOTION CARRIED.

Respectfully submitted,
Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     
COUNCILMAN RUBECK:                                                                         
COUNCILMAN CZYZ:                                                                               
COUNCILMAN ROSIEK:                                                                            

June 11 Town Board Minutes and Public Hearing