Minutes of the regular meeting of the Brant Town Board held on Tuesday, August 13, 2002 at 8:00 p.m., held at the Brant Town Hall, Brant-N. Collins Rd, Brant, New York.

There were present:

Supervisor                               Samuel J. Chiavetta

Councilwoman                        Ellen Bowman

Councilman                             Martin Rosiek

Councilman                             Eugene Czyz

Attorney                                  John Grennell

Absent:                                    Dennis Rubeck, Councilman

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

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 July 9, 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 June as submitted.  MOTION CARRIED.

A motion was made by Councilman Czyz and seconded by Councilwoman Bowman to approve the Code Enforcement Officers report.  MOTION CARRIED.

A motion was made by Councilman Czyz, seconded by Councilman Rosiek to accept the Dog Control Officer for July 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.

After review of the Planning Board minutes for the July 23, 2002 meeting, a discussion on property owned by Andrew Monter and currently being operated as a retail sale business.  The Planning Board was suggesting that Mr. Monter be allowed to sell the items, which are currently on the property as he had purchased the property in good faith. 

Attorney Grennell stated that Mr. Monter’s attorney, Mr. Foley, who explained that there was to be an agreement made on the boundaries of the sub-division, had contacted him.  Code Enforcement Officer Gary Brecker stated that he had been given a cease & desist order and has continued to bring in more retail buildings.

Attorney Grennell stated that the property boundary dispute should be eliminated that it would be rectified within a couple days.

Supervisor Chiavetta stated that Mr. Monter started the business without the approval of the town board to begin with and should not be allowed to continue to operate at this time, Supervisor Chiavetta made a motion to no approve the permit. The motion was seconded by Councilwoman Bowman.  MOTION CARRIED.

Code Enforcement Officer asked for clarification, was he not suppose to sell any buildings off that piece of property.  Supervisor Chiavetta stated that all items should be removed.

Len Pero, Chairman of the Planning stated that they too suggested ways to change the wording in the codebook to firm up the Used Car Lot section of the codebook.

Supervisor Chiavetta stated that there was no update on the water district or consortium however; the Village of Farnham did receive funding for the water tower.

Leonard Pero of the Revitalization Committee stated that the contract was signed for the sale of the store and it will possibly be open in January.  They are forming the Brant Farnham Economic Corp., which will be a non-profit organization and should help when applying for grants.

Supervisor Chiavetta opened the Acknowledgement of Visitors. 

Ed Dion of the Senior Recreation Program stated that they were having a problem with the building.  The floor was not swept and the sink was not cleaned.  Chairs were up on the tables.  Supervisor Chiavetta stated that youth recreation was now over and the problem should not happen again this year.

Bill Henry of Milestrip Road questioned why Supervisor Chiavetta did not call him with the result of the Code Enforcement Officer keeping an eye on the clean up of the Bowman property next door to him.  He stated that he sees no improvement.  He submitted more photos for the town to review.

Code Enforcement officer stated that they were given a summons to appear in court and that it was up to the Judges at this point.  Mr. Henry asked why the owner had not been served; he thought it was proper procedure to serve the owner, not the renter.  Mr. Brecker stated that a notice was sold.  Mr. Henry stated that it was his obligation to serve the property owner on a zoning violation.  He stated that it was not commercial property.

Mr. Brecker stated that it was in litigation and was out of the hands of the Town Board.  It is not in the Courts.  An argument ensued.  Mr. Brecker stated that it might be in Mr. Henry’s best interest to be in court to help this case.

Mr. Chiavetta stated that the matter was in court and until it went through the courts, the Board cannot act on this matter. 

Lee Brunelli of Brant-Farnham Rd. stated that he felt the Special Use Permit by Mr. Murcato was in violation.  It still has not been cleaned up.  Mr. Brecker stated that he has been over to review this situation and that he is doing a lot of clean up in the back where no one can see the clean up.  He does think that Mr. Murcato underestimated the time frame.  Mr. Brunelli stated that when Kusior owned it, if they told him to clean up, it was cleaned up.

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

            Supervisor Chiavetta stated that the September meeting would cause a conflict due to Primary Day and asked for a motion to reschedule.  Councilwoman Bowman made a motion to schedule the September meeting on Monday, September 9 at 8:00 pm, the motion was seconded by Councilman Czyz and a roll call vote taken:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Supervisor Chiavetta              Aye

4 Ayes, No Nays.  MOTION CARRIED.

A letter was received from George Stuart on Mile Block Road regarding the possibility of installing a streetlight on pole in front of his residence.  The request was forwarded to Chief Wayne Falk for investigation.

Grant Awards money for records management had been received and processed.

Information was received regarding the Evans-Brant Sports Hall of Fame asking for donations in sponsorship.  The board was to review the request.

A letter of interest in the Assessors Position was received by Roseann Turner, Supervisor Chiavetta stated that she was already board certified.  The application would be reviewed.

An invitation to attend the Erie County Government meeting hosted by Eden was on August 22, 2002 was extended to the Town Board. 

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

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Supervisor Chiavetta              Aye

4 Ayes, No Nays.  RESOLUTION ADOPTED.

            Information was received from Erie County Sewer Authority regarding the possibility of consolidation.  A motion was made by Councilwoman Bowman to look into the matter, seconded by Councilman Rosiek.  MOTION CARRIED.

            Information was received from Meals on Wheels regarding the Wheel-A-Thon to be held at a later date and asking for support was received and filed.

            Supervisor Chiavetta questioned the time frame on the appointment of Assessor Appointment; Town Clerk stated that if the Board decided to appoint someone, it would be only until December 31, 2002.  It does need to be put on the ballot for the November Election as an open position.

            The Board discussed the option of the Town taking over the park area of the Wide Beach properties in question last month.  Attorney Grennell stated that the park is not exempt property.  He also stated that this would be a problem, as not all deeds are showing ownership of this supposed joint ownership.  The problem is occurring due to the increase in the assessment amount due to the reval.  He stated that the Town or the County does not have the jurisdiction to assess any portion of this property to the individual owners of the supposed joint property.        

            A petition to appear in court was received regarding the Southtowns rural preservation property, the Farnham School, and John Grennell talked with the Director of Real Property and discussed the assessment and back tax issue with him.  The Director of Real Property states that they are currently seeking someone to purchase the property, if tax accumulations are escalated, the chances of recouping any of this money is slim.  The County is willing to waive portions of the tax liability in order to help sell the property to someone who would be able to pay the tax liability.  

            In light of this information, Attorney Grennell made a suggestion to the Town Board to allow the non-profit exemption status so the tax liability does not escalate in order to help the sale process.  A motion was made a Supervisor Chiavetta to grant the Southtowns Rural Preservation the exemption status.  The motion was seconded by Councilwoman Bowman and a roll call vote was taken.

ROLL CALL VOTE:

Supervisor Chiavetta              Aye

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

4 Ayes, No Nays.  RESOLUTION ADOPTED.

Attorney, John Grennell stated that he was going to submit a “general” proposal to firm up the waste sections in the codebook.  He did distribute copies of his proposal and stated that it would firm up the language and help prevent false interpretation of this portion of the Codebook.  The Board if desired, they could hold a public hearing for the next board meeting.

Councilman Czyz made a motion to hold a public hearing on the changes at the next board meeting to be held on September 9, 2002 at 8:15 p.m.  The motion was seconded by Councilman Rosiek.

ROLL CALL VOTE:

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Councilwoman Bowman        Aye

Supervisor Chiavetta              Aye

4 Ayes, No Nays.  PUBLIC HEARING SCHEDULED.

            A motion was made by Councilwoman Bowman and seconded by Councilman Czyz that General Town Wide Warrant 2002 #8, Vouchers 262-317, totaling $20,820.13, General Town Wide Payroll 2002, Warrant #8, Vouchers 22-29, totaling $39,267.46, General Part Town Warrant 2002 #8, Vouchers 25-27, totaling $6,790.96. Highway Fund Payroll 2002, Warrant #8, Vouchers 14-15, totaling $6,464.11, Highway Town Wide 2002 #8, Vouchers 63-73, totaling $2,540.44, Highway Part Town Warrant #8, Vouchers 14-15, totaling $21,023.63, Street Lighting Fund 2002, Warrant #8, Voucher 7, totaling $1,536.99.  Lotus Bay Sewer Dist 2002 Warrant #8, Voucher 9, totaling $154.52, be presented for payment.  MOTION CARRIED.

            A motion was made by Councilman Czyz seconded by Councilwoman Bowman to adjourn the meeting at 9:01 p.m.  MOTION CARRIED.

                                                                                    Respectfully submitted,

                                                                                    Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK:                                                                           

August 13 Town Board Minutes