Minutes of the regular meeting of the Brant Town Board held on Tuesday, July 9, 2002 at 8:00 p.m., and Bid Opening at 8:15 p.m. for the Brant Volunteer Fire Company bathroom renovations, 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:

Maggie White                         Zoning Board Chairman

Sherry Hughes                        Sun Representative

Leonard K. Pero                      Revitalization Chairman

Diane Czyz                             Supervisor’s Secretary

Donna Marien                         Dog Control Officer

Joseph Giambrone                  Highway Superintendent

Lee Brunelli                            Jean Brunelli

Ed Dion                                   Dolly Dion

Joe Gardyjan                           Tony Andolina

Bill Henry                               Marge Henry

Cheryl Caldwell                      Andy Hoffmann

Neal Wilson                           

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

            Councilwoman Bowman made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of June 11, 2002 as submitted by the Town Clerk.  MOTION CARRIED.

            A Motion was made by Councilwoman Bowman, seconded by Councilman Rubeck to accept the Supervisors financial report for the month of May as submitted.  MOTION CARRIED.

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

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

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

As the Planning Board did not meet, there were no minutes submitted

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

Leonard Pero of the Revitalization Committee stated that there is a meeting scheduled on July 11^th at the Community Building and that the clean up was going well at the corner.

 Supervisor Chiavetta opened the Acknowledgement of Visitors and stated that the meeting would have to be stopped at 8:15 p.m. for the Bid Opening. 

Donna Marien of 980 Brant-Farnham Rd. questioned when the new swings would be installed.  Supervisor Chiavetta stated that they have been delivered and that the highway department could possibly install them after the road resurfacing this year.

Bill Henry of Milestrip Road questioned the result of the Code Enforcement Officer keeping an eye on the clean up of the Bowman property next door to him.  He was here last meeting and he sees no improvement.  He stated that there are both Code & Zoning violations on this property and stated that he had concerns on his well, and he presented photos to the town board asking what was going to be done.  He questioned why the owner has not been given any zoning violations. 

Supervisor Chiavetta sated that he would check with Gary Brecker and get back to Mr. Henry as to the status.

Lee Brunelli of Brant-Farnham Rd. asked if they were going to keep up on the junkyards? 

He stated that the Route 249 junkyard was supposed to be in compliance by June 30^th.  Both the Route 20 and the old Kusior locations are collecting more junk cars in the front, which is a violation of the Special Use.  He also questioned if the Special Use Permits are being followed up on and that as far as he knows, the removal bond for that tower has been canceled.

Supervisor Chiavetta interrupted the Acknowledgement of Visitors to start the bid opening for the Renovations of the Brant Volunteer Fire Company bathrooms to ADA compliance.

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

Supervisor Chiavetta opened the four bids, which were received:

Village Construction:  $72,000.00.

Guarcello’s Inc.:         $42,975.00.

H&K Services, Inc.:   $48,200.00

RP Mechanical:           $41,300.00

Supervisor Chiavetta stated that although the Town was hosting the bids, we were working with the Fire Department in securing the grant.  All bids would be turned over to Clark Rice, President of Brant Vol. Fire Company for final review and acceptance.

            Supervisor Chiavetta continued the acknowledgement of visitors.

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

            Supervisor Chiavetta stated that the Recreation Program started on Monday and that everything is running okay. 

            A letter was received from the NYS DOT regarding a request for Traffic Study on no parking on both Route 323 and Route 249 in the Town, acknowledging the request made to them.

            A notice of change of directors for Adelphia Cable on the Bankruptcy proceedings was received and filed.

            An update from Cost Control Associates was received and filed regarding the status of the Street lighting audit.  They are currently working with Niagara Mohawk to settle the claim. 

            A request from Wide Beach Property Owners was submitted asking that the Town take over the billing for the “common land” in taxes.  It was noted that volunteers had been going door to door to collect the money due for this parcel because the Wide Beach Association no longer exists. 

            Mr. Hoffmann, a representative, stated that this used to be a responsibility of the Wide Beach Association, however they dissolved back in 1977.  They have been meeting as a volunteer group since then.  He stated that very few residents are paying the taxes on the “common land”.  He was questioning if the taxes could be equally distributed with the 83 properties that currently have use of the “common land”.  He stated that he had approached the Assessors already.

            Mr. Sam Lojacano stated that they are not tax collectors, the volunteers in this area should not have to go to the 83 people and collect $14.00 from each person.  If it is put on a tax roll of each parcel, then eventually they are guaranteed that the bill is paid. 

            Mr. Czyz questioned who is paying the tax bill now.  Mr. Hoffmann explained that only a few are paying it.  Some people state that they do not want the use of it and will not pay.

            Cheryl Caldwell stated that it’s not the matter of people wanting or not wanting to use the property, but when Wide Beach Inc. was established in 1919, certain people did not want to be a part of it.  The taxes collected was in the past lower than it is now with the reassessment. 

            Supervisor Chiavetta stated that the Town would look into the matter by checking with the Assessors and Erie County Real Property.

            A letter was received and filed from NYS Real Property Services announcing that the 2002 equalization rate is at 100%.

            A letter was received from Andy Yusick regarding the Farnham School Assessment and that he would be turning this case over to other attorneys due to conflict of interest as John Grennell is the Town Attorney.  The notice was filed.

            An invitation from Meals on Wheels was extended to the Town Board on September 7 at 10:00 a.m. in Delaware Park.

            Letters of interest in the Assessors position were received from Ellen George of Brant Farnham Rd. and Mary Murray from Eden.  They were forwarded to Supervisor for consideration.

            It was noted that former Dog Control Officer, Yvonne Militello, reimbursed the Town for the truck cap, which was purchased under her employment.

            A status report was received from Connie Miner, notifying the Town that two NYS Archives grants had been awarded to the Town of Brant.  One was for Web Design for Internet Access and the other for a Court Filing System.

            The Town received $1,674.82 from FEMA for the snow plowing contractual agreement with the County, due to the storm of November 2001.

            Information was received from Lovett & Gold regarding legal matters that may involve Police Officers and lawsuits.  This information would be reviewed with Fred Brinkman Agency for possible insurance coverage.

            Councilwoman Bowman made a motion, seconded by Councilman Rubeck to adopt a resolution to adopt budget modifications as recommended by the Town Accountant. 

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Rubeck               Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

            An invitation to attend the Association of Erie County Governments Meeting on July 25^th for the Boat Cruise and Dinner was received and filed.

            Information regarding St. Anthony’s 5K walk and lawn fete was received and filed.

            Notice that Erie County is hosting a meeting on Ag Assessments and Community Block Grants on Friday, July 19^th in Orchard Park was received and filed.

            The Master Plan Bid award is currently being reviewed by Chet Jandzinski.

            A motion was made by Councilman Czyz to table the appointment of an Assessor, seconded by Councilman Rosiek.  TABELED. 

            A review of the fees for junkyards and Used Car Dealers and recommendations were submitted by the planning board.  The recommendations were forwarded to Supervisor for the Organizational meeting agenda.

            Erie County Water authority will be hosting a dinner meeting on July 23, 2002 it was noted that no board member would be able to attend.

            A motion was made by Councilman Rubeck and seconded by Councilwoman Bowman that General Town Wide Warrant 2002 #7, Vouchers 207-261, totaling $21,504.91, General Town Wide Payroll 2002, Warrant #7, Vouchers 18-21, totaling $24,026.27, General Part Town Warrant 2002 #7, Vouchers 22-24, totaling $6,879.63. Highway Fund Payroll 2002, Warrant #7, Vouchers 12-13, totaling $6,391.90, Highway Town Wide 2002 #7, Vouchers 53-62, totaling $2,268.14, Highway Part Town Warrant #7, Vouchers 11-13, totaling $2,812.84, Street Lighting Fund 2002, Warrant #7, Voucher 6, totaling $1,462.22.  Lotus Bay Sewer Dist 2002 Warrant #7, Voucher 8, totaling $371.14, Fire Protection Warrant 7, Vouchers 1-2, totaling $53,589.72 be presented for payment.  MOTION CARRIED.

            A motion was made by Councilwoman Bowman seconded by Councilman Czyz to adjourn the meeting at 9:08 p.m.  MOTION CARRIED.

                                                                                    Respectfully submitted,

                                                                                    Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     

COUNCILMAN RUBECK:                                                                         

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK:                                                                           

Town Board Minutes and VFD Bid