Minutes of the regular meeting of the Brant Town Board and Bid Opening at 8:15 p.m. with Public Hearings for local law #1 of 2003 and at 8:45 p.m. for the Murcato Junkyard held on Tuesday, March 11, 2003 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

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

Carl Militello                           Dog Control Officer

Lee Brunelli                            Ed Dion

Bill Henry                               Dolly Dion                             

Joseph Gardyjan                     Brenda Giacchino

Tish Brady                              Paul Cesana

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

            Councilwoman Bowman made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of February 11, 2003 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 January as submitted.  MOTION CARRIED.

After a brief discussion on Terra Viva Farms and the Variance to be held in March and whether they should appear in front of the Planning Board.  A motion was made by Councilman Rubeck and seconded by Councilman Czyz to accept the Code Enforcement Officer’s report for February as submitted.  MOTION CARRIED.    

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

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

A motion was made by Councilman Rosiek, seconded by Councilwoman Bowman to accept the minutes of the Planning Board for the February 25^th meeting.  MOTION CARRIED.

Joe Gardyjan stated that he obtained a CD on tire removal for anyone interested in viewing this information.

Supervisor Chiavetta stated that there was no new information given from the Water Consortium, however there is a leak in the Water Tower and the Village of Farnham is currently getting estimates of repairs to be presented.  Erie County was planning extensions down Route 62 however no information as to the start date has been given.  

 Len Pero gave an update on the revitalization committee and stated that the store was possibly to open March 29.  He also stated that the legislature has approved the viability study funding and that the Brant Farnham Economic Development Corporation has applied for non-profit status, which will be helpful in fundraising. 

Supervisor Chiavetta opened the Acknowledgement of Visitors.

Lee Brunelli of Brant Farnham Rd. questioned the resignation of Jim Shea of the planning board at the last meeting.  He wanted to know if it was legal.  To his knowledge, a resignation had to be done in writing.  He stated that the planning board needs bodies’ not just names. 

Councilman Rosiek stated that with his conversation with Mr. Shea, he would still like to be an alternate in the event that his employments schedule changes.  That is why he suggested that Mr. Gardyjan be appointed and Mr. Shea remain as an alternate.

Mr. Brunelli stated that he still wanted an answer to his question. 

Mr. Grennell stated that a resignation should be submitted in writing but in this case he was still involved only in a slight variation in duties.

Leonard Pero gave some input as to his conversations with Mr. Shea and how the appointments were changed due to Mr. Gardyjan’s activity.

Supervisor Chiavetta stated that it was 8:15 p.m. and time to conduct the Bid opening for the law care as advertised and that they would return to the acknowledgement of visitors after the opening.

Town Clerk, Jamie Nolan, read the advertisement for the park bid to open the bid opening.  It was noted that two bids were received.

1. DM&K Enterprises:  A one year bid in the amount of $10,800.00 or a two year at $10,500.00 per year.
2. Bellaquvia:  A one year bid in the amount of $9,400.00. 

The bids were forwarded to the Town Attorney for review.  Councilman Rubeck made a motion to close the bid opening, which was seconded by Councilman Czyz.  MOTION CARRIED.

            The Acknowledgment of Visitors resumed at 8:19 p.m. with further discussion on the Planning Board appointments.

            Mr. Brunelli stated that he would like to know if it is legal by next board meeting.  He would like an answer from the Attorney.

Supervisor Chiavetta stated that appointments are made by the Town Board and normally changed when the term is expired.  However, appointments can changed at any time with a resignation.

Bill Henry of Milestrip Road wanted to commend the Master Plan Committee and what a fine job that he feels that they are doing.  He stated they obvious are concerned with the wells that most of the Town people have to live on.  He also stated that is why he is again bringing up his next subject as to how long will he have to look at the junk next door to him. 

Mr. Brecker stated that Mr. Guagdagno is due in court on the 13^th of March and is due in again on March 31.  Mr. Henry questioned why they do not go after the property owner.  He stated that he owns rental property in other towns and if his tenants have more than one vehicle, he gets the notice as property owner.

Attorney Grennell stated that the statue is geared toward the operator under General Municipal Law section 136. 

Mr. Henry stated that his concern is the wells, the Town of Brant is on 80% of well water, and everyone should be concerned that our water is safe to drink.  He states that when it rains, the oils and carcinogens can be seen washing away.  The DEC’s stated that they were not concerned with the little bit being washed away.

Mr. Brecker stated that the Army Corp of Engineers stated that there are no pollution problems at that site.  He stated that he is coming to court twice this month.  Some clean up has been done but not much lately.

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

Supervisor Chiavetta stated that the NYS Dept. of Transportation sent notice of the bridge repair for the full replacement of the bridge on Route 249 near the cemetery.  They will be marking the detour as Brant Angola Rd. to Cain Rd. and Versailles Rd.

Due to the fact that there are billing problems with the current telephone maintenance services and an increase cost in internet services, DFT our current telephone provider gave a quote for these services.  As the price would save approximately $23.00 monthly overall.  Councilman Rosiek made a motion to change the services, the motion was seconded by Councilman Czyz.  MOTION CARRIED.

A letter was sent to the County of Erie regarding the Railroad Lawsuits and a letter of response received from Joseph Maciejewski stating that we would be responsible for the calculations.  Several questions were raised as to the correct way of calculating these figures due to the equalization rates.  A motion to table action for review was made by Supervisor Chiavetta, seconded by Councilwoman Bowman.  TABELED.

The Town Clerk opened the Public Hearing for property tax exemption for the Volunteer Fire Fighters and Ambulance Service personnel at 8:30 p.m.

Attorney Grennell gave an overview of the proposed law which allows 10% up to $3,000 of assessed value and is only available for primary residence for service personnel having at least five years of service.

Supervisor Chiavetta stated that it turns out to be about $20.00 per property effected and asked if anyone had any comments.    

            As no one wanted to speak, Councilman Rubeck made a motion to close the public hearing, seconded by Councilwoman Bowman.  CARRIED.

            Councilman Rubeck made a motion to adopt Local Law #1 of 2003 for the Property Exemption for the Volunteer Firefighters/Ambulance Workers.  The motion was seconded by Councilwoman Bowman and a roll call vote taken:

ROLL CALL VOTE:

Councilman Rubeck               Aye

Councilwoman Bowman        Aye

Supervisor Chiavetta              Abstain

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

4 Ayes, 1 Abstain.  LOCAL LAW #1 ADOPTED.

The Town Board received information regarding the telephone call received by the Town Clerk from Lake Shore Youth Football requesting the use of the Town Park.  She stated that they had requested the use of the park for each Saturday for the month of August.  She explained that most of the dates had already been booked and was still receiving calls as to the availability. 

Supervisor Chiavetta stated that there are a lot of problems with parking when they use the park.  Councilman Rubeck stated that he would like to see a meeting between the Board, Joe Giambrone and LSYF to discuss problems up there.  There is a serious electrical problem that  could result in injury and it needs to be addressed.  He also stated that there is also a litter problem.  The Town Clerk is to set up a meeting within the next couple of weeks.

The Town of Brant received notice that Amtek Management Services  were going to have a meeting on Tuesday, March 25^th at 5:00 p.m. at the Evans Town Hall with samples of Employee Handbooks tailored to Municipalities.  Ellen Bowman was to attend.

Received a meeting notice from the Association of Erie County Governments for March 27, 2003 at 5:00 to be held at Michaels Banquet Facility, Hamburg was received and filed.

It was noted that it was 8:45 p.m. and time for the public hearing for the L&K Junkyard.  As the proper paperwork had not been received from the applicant.  Supervisor Chiavetta questioned the Attorney as to whether they could open the public hearing.  Attorney Grennell stated that they could not act if the paperwork was not submitted.  Supervisor Chiavetta stated that it would be rescheduled for next month if the paperwork was received in time for publication.

John Arrigo had several questions regarding junkyards and why violation are so difficult to follow up with.  He questioned who made the current laws and how we could be make them better.  Attorney Grennell stated that it was difficult to make laws more stringent than the State because the County generally stands by the State Laws.

Lengthy discussion ensued over Junkyards and sighting of junk at various properties.

A proclamation was received from Carol Franey honoring Municipal Clerk’s for the week of April 27 through May 3, 2003 was submitted.  Councilman Czyz made a motion to table which was seconded by Councilwoman Bowman.  TABELED.

Peter J. Smith noted that in order to proceed with the Master Plan, that there must be named a lead agency for the SEQR Review Act in the preparation of the Plan.  Councilwoman Bowman made a motion that as recommended, to resolve that the Brant Town Board serve as the Lead Agency as provided for.  The motion was seconded by Councilman Czyz and a roll call vote taken:

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Councilman Rubeck               Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

Information was received from Schunk, Wilson & Company, PC regarding the Justice Court Audit conducted for the year 2000-2001 and was confirmed that the books for both Justice’s were in order.

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

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                Aye

Councilman Rubeck               Aye

Supervisor Chiavetta              Aye

5 Ayes, 0 Nays.   ADOPTED.

            A motion was made by Councilman Rubeck and seconded by Councilman Rosiek that General Fund Part Town Warrant 2002 #15, Vouchers 57-58, totaling $22,965.00, and General Town Wide Warrant 2003 #3, Vouchers 54-90, totaling $30,009.77, General Town Wide-Payroll Warrant 2003 #2, Vouchers 8-9, totaling $17,648.23, General Fund Part Town 2003 #2, Vouchers 9-12, totaling $8,603.61, General Fund – Part Town Payroll 2003 #3, Voucher 2, totaling $454.83, Highway Town Wide 2003 #3, Voucher 14-32, totaling $19,990.28, Highway Payroll 2003 #3, Voucher 3, totaling $4,594.59, Lotus Bay Sewer 2003 #3, Vouchers 2-3, totaling $48,669.28 and Street lighting 2003 #3, Voucher 2, totaling $1,840.81 and Brant –Farnham Sewer 2003 #3, Voucher 2, totaling $86,922.89 be presented for payment.  MOTION CARRIED.

            A motion was made by Councilwoman Bowman seconded by Councilman Czyz to adjourn the meeting at 9:18 p.m. MOTION CARRIED.

                                                                                    Respectfully submitted,

                                                                                    Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     

COUNCILMAN RUBECK:                                                                         

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK:                                                                           

March Town Board Minutes