April 8 Town Board Minutes
Minutes of the regular meeting of the Brant Town Board and Public Hearing at 8:15 p.m. with for L&K Auto & Truck Salvage, held on Tuesday, April 8, 2003, 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 Annette Dispence
Bill Henry Mark Schrader
Joseph Gardyjan Brenda Giacchino
Neal Wilson Karen Maybee
Alice Escott Town Crier
Hamburg Sun
The meeting was opened with a pledge to the flag led by Supervisor Chiavetta.
Councilman Czyz made a motion; seconded by Councilwoman Bowman to accept the minutes of the Town Board meeting of March 11, 2003 as submitted by the Town Clerk. MOTION CARRIED.
A Motion was made by Councilwoman Bowman, seconded by Councilman Czyz to accept the Supervisors Financial report for the month of February as submitted. MOTION CARRIED.
A motion was made by Councilman Rosiek and seconded by Councilman Rubeck to accept the Town Clerk and Court Clerk’s Financial Reports for the months of January and February. MOTION CARRIED.
After a brief discussion on Terra Viva Farms and the outcome of the Variance held in March it was determined that the Zoning Board determined the business was Manufacturing and not agricultural. There is a possibility of an appeal but an offer to settle with the clean up completed by September 1 in contemplation of dismissal of charges could possibly be made. Code Enforcement Officer, Gary Brecker stated that he has been issuing violation tickets and questioned whether he should continue to do so. Several suggestions were offered by Code Enforcement and Planning Board for the possibility to include in a compliance agreement, Town Attorney and Code Enforcement to discuss at a later date. A motion was made by Councilwoman Bowman and seconded by Councilman Rubeck to accept the Code Enforcement Officer’s report for March as submitted. MOTION CARRIED.
Bill Henry of Milestrip Road questioned the status of the clean up at the Guadagno property next door to him. He submitted additional photos to the Town Board. Mr. Brecker stated that he is due back in court on the 17th for an additional appearance ticket.
A motion was made by Councilman Rosiek, seconded by Councilwoman Bowman to accept the Dog Control Officers report as submitted for the month of March. MOTION CARRIED.
Attorney Grennell wanted to commend the Dog Control Officer for an incident that took place at his house with a nasty dog. Councilman Rosiek questioned the status of the Deer Farm incidents. Carl Militello, DCO, stated that it was still court pending but coming along, the dog appears to be controlled.
A motion was made by Councilwoman Bowman and seconded by Councilman Czyz to accept the Police Chiefs report for the month of March as submitted. MOTION CARRIED.
Town Clerk, Jamie Nolan read the legal notice published in the Hamburg Sun on March 27, 2003 to open the Public Hearing for L&K Auto & Truck Salvage Special Use Permit to operate a junkyard at 1130 Brant Farnham Rd.
Gary Brecker made a recommendation to recommend the approval of the Special Use Permit due to the clean up progress that has been made at that location.
Bill Henry questioned if there were any environmental issues in the event that the owner vacates the property, as there is no superfund project for clean up.
Mr. Brecker stated that would be the responsibility of the owner and as Mr. Murcato was trying to become a resident of the Town he does not believe that he would vacate. He also stated that the amount of salvage that has already taken off the property has been tremendous.
Mr. Murcato stated that his operation is regulation by state agencies as to the removed contaminants such as freon, the amount of oil, antifreeze. All this must be documented.
Councilman Rosiek stated that he would like to see that all incoming vehicles be moved behind the fencing.
Len Pero, Planning Board Chair, stated that the property has look badly for 50 years and the improvements Mr. Murcato has made is a plus and as long as he continues to clean and keep up it would be a benefit to the town.
As everyone wanting to be heard had been heard, Councilman Rosiek made a motion to close the Public Hearing, seconded by Councilman Rubeck. MOTION CARRIED.
A motion to approve the special use permit was made by Councilman Czyz and seconded by Councilman Rosiek and a roll call vote taken:
ROLL CALL VOTE:
Councilman Czyz Aye
Councilman Rosiek Aye
Councilman Rubeck Aye
Councilwoman Bowman Aye
Supervisor Chiavetta Aye
5 Ayes, No Nays. SPECIAL USE PERMIT GRANTED.
In reviewing the minutes of the Planning Board, Supervisor Chiavetta noted that they had questions regarding increased fees and why the board does not seem to act on their suggestions or comments. Supervisor Chiavetta stated that with the Master Plan being redone, the codebook would have to be looked at. This process would be easier to do at one time rather than piece meal. It was also noted that the planning board would like to have the board send a letter to Mr. Shea to attempt to get a letter of resignation as a formality. Town Clerk to send this letter requesting the resignation.
A discussion of a shared driveway between Folts Trucking and Congdon Weller property and Mr. Foltz will supply paperwork for review at the next planning board meeting.
A motion was made by Councilman Czyz, seconded by Councilman Rubeck to accept the minutes of the Planning Board of the March 25th meeting. MOTION CARRIED.
Supervisor Chiavetta gave an update on the Water Consortium from correspondence received from R&D Engineering. There are currently 14 projects being planned between Brant, Eden, Evans, North Collins, Collins and others. They are currently classifying them as to most needed and feasibility. Discussion of water rates had been discussed at the recent meeting and it was noted that the cheapest rates would be to obtain the water directly from ECWA. He stated that all avenues are being investigated.
Mark Schrader of Railroad Ave. questioned the chances of getting water down Railroad Ave., the current line stops at the Village Line and then the water comes up from Rt. 20 and ends at the Reservation Line. There are approximately 8 houses and a quarter of a mile without water service. Supervisor Chiavetta stated that they could look into this, however the state has a say in it for the funding portion.
Additional discussion took place regarding different areas concerned with water and ag exemptions on water discounts in rural areas.
Len Pero gave an update on the revitalization committee and stated that the store is open. It was mentioned that the Manager would like to talk with the residents to see what they would like to see stocked. Open to any suggestions. He also stated that he was had met with Jeanne Chase and the possibility of introducing plans to help the grape farmers and corn farmers and a plan to reduce heating bills with working with corn. He stated that there is a need to start a non-profit organization but to work with ECIDA.
Supervisor Chiavetta stated that there is to be a meeting in May because ECIDA feels that there is not being enough done to help the farmers.
Len Pero stated that the revitalization committee is working with a few people to help open some new businesses in Brant and these efforts should be realized within the next year.
Supervisor Chiavetta stated that he has received some information regarding the proposed clock tower for Memorial Park and that they would see how much money is available through different avenues to install as an information center.
Supervisor Chiavetta opened the Acknowledgement of Visitors.
Annette Dispence of Milestrip Road expressed concern of the corner of Milestrip Rd. and Route 323, there has been a number of fatal accidents during the recent months and suggested the possibility of a four way stop sign.
Supervisor Chiavetta stated that he has been in contact with Dan Ryder at the County and there has been additional stop signs placed at the corner in an attempt to let people know that there is a stop sign at the intersection, so people can see them twice. He also discussed the possibility of rumble strips, etc.
Lengthy discussion ensued with ideas to help such as signals, rumble strips, stop signs, reducing speed, etc.
Joe Giambrone, Superintendent of Highways, stated that he was promised a reduction of speed and a stop sign put back in for Versailles Plank and then it was denied. He was working on this for over five years.
Supervisor Chiavetta stated that they have contacted Richard Smith for some help in this matter. He stated that they would send letters to everyone who they think can help and let them know that we want a four way stop at that intersection.
Mark Schrader of Railroad Avenue stated that he wanted to discuss the use of the park for Lake Shore Youth Football. He was told that if LSYF wanted to use it that they would have to pay for the use. Town Clerk, Jamie Nolan, stated that she had received a call from a LSYF representative asking for use of the park for each Saturday in August. She explained that this could not be done, as it had already been booked. It was suggested by LSYF that they reserve it for next year for each Saturday. She stated that she could not do this as it was up to the Town Board due to the loss of income.
Supervisor Chiavetta stated that in the past, LSYF had been using the park from early September through late October and that this worked out good as the park does not get much use after Labor Day. This year because of the new league enrollment, they are requesting it earlier this year. This is very difficult for the people booking it to have football games going on. There is no parking and people asking to use restroom facilities. They cannot block the Town Park from use of the area residents for the summer. Mr. Schrader stated that this program was good for the children and that the Town should try to work with LSYF and have a representative to attend meetings.
Joe Giambrone stated that there has a meeting with a representative from LSYF, Brett Berrman, along with himself with Dennis Rubeck from the Town. They discussed problems with the garbage and gas lines, etc. That they are trying to work together for the kids.
As everyone who wanted to be heard had been heard the Acknowledgement of visitors was closed.
Supervisor Chiavetta stated that as stated previously, a letter was received from Dept. of Transportation stating that the speed would be reduced to 45 mph from Hammond Rd. to the Village Line. Letter was filed.
The Brant Cemetery Association requested use of the Community Building on Saturday, April 19th. Councilwoman Bowman made a motion to allow use of the building at no charge. Councilman Rubeck seconded the motion. MOTION CARRIED.
As grant monies is available for the 2003 NYS Unified Court System Justice Court Assistance Program was Councilman Rosiek made a motion to authorize the Supervisor to apply, sign and submit the grant application for these funds. The motion was seconded by Councilman Czyz and a roll call vote taken.
ROLL CALL VOTE:
Councilman Rosiek Aye
Councilman Czyz Aye
Councilman Rubeck Aye
Councilwoman Bowman Aye
Supervisor Chiavetta Aye
5 Ayes, No Nays. RESOLUTION ADOPTED.
Information was received from the Town of Boston regarding the Sodexho Crisis asking for support in a resolution due to the war. A motion was made by Councilwoman Bowman and seconded by Councilman Czyz to table this matter. TABELED.
A proposal was received from Amtek regarding an employee handbook in the amount of $4,000 plus all travel expenses. An update would then be available at a rate of $300 per year.
Supervisor Chiavetta stated that it would be tailored to the Town. If someone were eligible for retirement benefits, it would be the same for each person. He stated that he had no idea how much it would cost from other companies. He never priced the service.
Councilwoman Bowman stated that having seeing what others charge, that the price is reasonable.
Mark Schrader of Railroad Ave. asked if the need warranted an expense of this amount and how many employees this handbook would pertain to. Councilwoman Bowman stated that it would concern all employees and explain who would be entitled to what benefits.
Lengthy discussion was held as to the procedure to implement and who would be standardizing the project.
Councilwoman Bowman stated that she could look into obtaining prices from other writers. Supervisor Chiavetta stated that something needs to be implemented before the recreation program begins.
A request from the Justice Court to purchase a printer for the Court Chamber at a cost of $200 was presented for approval. A motion was made to approve the purchase by Councilwoman Bowman, seconded by Councilman Rubeck. MOTION CARRIED.
A request was received from Chief of Police, Wayne Falk, to advertise for bids on the 1999 Ford Crown Victoria as the new patrol car was placed into service. Councilman Czyz made a motion to advertise for bids and set a bid opening for May 13, 2003 at 8:15 p.m. Councilman Rosiek seconded the motion. MOTION CARRIED.
A letter was received and filed from Stedman Energy that they are in the process of drilling a gas well in the Town as required by State Law.
A letter of complaint with photos was received from the Muscato’s on Milestrip Rd. regarding the junk located at the Bowman Farm property, rented by George Guadagno.
Sam Chiavetta questioned if Gary Brecker, CEO, had received copies of the letter and photo’s.
Bill Henry also of Milestrip Road questioned if there was anything else that could be done to get this man to clean up. He stated that he had only been fined one time. He stated that it was suggested that he be fined every fifteen days.
Councilwoman Bowman stated that he is getting sited every week. Mr. Henry questioned if he was getting fined? Councilwoman Bowman stated that is up to the Judge.
Additional discussion took place regarding suggestions to help control these illegal junkyards. Attorney Grennell stated that there is some concerns in raising the fines as if appealed, the Courts can overturn, as they are state mandated fines.
Councilwoman Bowman questioned if some agreement, similar to the Terra Viva Farms agreement, where he could also get violations dropped if he meets a compliance scheduling. Attorney Grennell stated that was a possibility. Councilman Czyz asked if he could look into the possibility of such agreement.
Supervisor Chiavetta introduced and made a motion to pass a resolution requesting support in an Equitable and Dedicated Share of the New York State Wireless Surcharge to the board. Councilman Rubeck seconded the motion to support and a roll call vote taken.
ROLL CALL VOTE:
Supervisor Chiavetta Aye
Councilman Rubeck Aye
Councilwoman Bowman Aye
Councilman Czyz Aye
Councilman Rosiek Aye
5 Ayes, No Nays. RESOLUTION ADOPTED.
Information was received regarding the Bi-Partisan Kids Voting fundraiser. Supervisor Chiavetta stated that he could be contacted if anyone wanted to purchase tickets for the function.
Information was received regarding social capital in communities and filed.
A request from the NEST Solid Waste Management Board to support the resolution to prepare a plan in accordance with the provisions of ECL 27-0107 was introduced. Councilman Rosiek made a motion to adopt the resolution as submitted. The motion was seconded by Councilman Czyz and a roll call vote taken.
ROLL CALL VOTE:
Councilman Rosiek Aye
Councilman Czyz Aye
Councilman Rubeck Aye
Councilwoman Bowman Aye
Supervisor Chiavetta Aye
5 Ayes, No Nays. RESOLUTION ADOPTED.
Letters for request for employment for the recreation program were received from Linda Kusior, Karen Schiedel and Doreen Cheney for bus drivers and Kimberly Bryant, Anna Bryant for life guarding and Peter Pero for Counselor. The applications will be forwarded to the recreation committee for review.
Information regarding starting the recreation program on Monday, July 7th and running to Friday, August 15th, Monday-Friday, 9-3 at the cost of $50.00 for the 1st child, $35.00 for a second child, $25.00 for a third child and $10.00 each for busing for a maximum of $150 for a family of 4 or more and that registration will begin on Monday, June 16th at the Supervisor’s Office. Councilwoman Bowman made a motion to approve the program and fees as recommended. Councilman Rubeck seconded the motion. MOTION CARRIED.
A motion to authorize the Secretary to the Supervisor and Town Accountant access to any bank accounts, loan information and other transactions between the Town of Brant and Town Clerk or Town Justice Courts be approved as recommended by the Accountant was made by Councilwoman Bowman and seconded by Councilman Rosiek. MOTION CARRIED.
Information was received from Joe Maciejewski stating that the training would be necessary for reappointed Board of Assessment and Review Members and filed.
Due to the letter received from Joseph Maciejewski stating that the Town would be responsible for the calculations of the Railroad Lawsuit Tax matter. Supervisor Chiavetta stated that the Supervisors office would be responsible to calculate and remit to the County as the Town Clerk has remitted the Town Share to his office.
A motion was made by Supervisor Chiavetta to proclaim April 27 through May 3rd and Municipal Clerk’s Week, honoring all of the municipal clerks; Councilman Rosiek seconded the motion. MOTION CARRIED.
A motion was made by Councilman Rubeck and seconded by Councilman Rosiek that General Town Wide Warrant 2003 #4, Vouchers 91-126, totaling $42,034.28, General Town Wide-Payroll Warrant 2003 #4, Vouchers 10-12, totaling $26,242.04, General Fund Part Town 2003 #4, Vouchers 13-16, totaling $7,000.10, Highway Town Wide 2003 #4, Voucher 34-41, totaling $51,713.44, Highway Payroll 2003 #4, Vouchers 4-5, totaling $10,485.36, Lotus Bay Sewer 2003 #4, Vouchers 4-5, totaling $1,819.17 and Street lighting 2003 #4, Voucher 3, totaling $1,786.15 be presented for payment. MOTION CARRIED.
A motion to go to executive session to discuss personnel was made by Councilwoman Bowman, seconded by Councilman Czyz. MOTION CARRIED.
A motion to authorize a pay increase to Court Clerk, Linda Crouse for the next pay period to the same as other Court Clerk, provided that the Judge oversee the hours worked not to exceed the budgeted amount was made by Councilwoman Bowman, seconded by Councilman Czyz. MOTION CARRIED.
A motion was made by Councilman Rosiek to pass a resolution to authorize the Supervisor to enter into and sign the renegotiated Bond Anticipation Notes. The motion was seconded by Councilman Rubeck and a roll call vote taken.
ROLL CALL VOTE:
Councilman Rosiek Aye
Councilman Rubeck Aye
Councilwoman Bowman Aye
Councilman Czyz Aye
Supervisor Chiavetta Aye
5 Ayes, No Nays. RESOLUTION ADOPTED.
A motion was made by Councilman Rubeck seconded by Councilman Czyz to adjourn the meeting with support to our armed forces who are securing our freedoms at 10:32 p.m. MOTION CARRIED.
Respectfully submitted,
Jamie S. Nolan, Town Clerk
APPROVED BY:
SUPERVISOR CHIAVETTA:
COUNCILMAN RUBECK:
COUNCILWOMAN BOWMAN:
COUNCILMAN CZYZ:
COUNCILMAN ROSIEK:
April Town Board Minutes