Minutes of the regular meeting of the Brant Town Board at 8:00 p.m. and Bid Opening for the Patrol Car at 8:15 p.m. held on Tuesday, May 13, 2003, 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

Lee Brunelli                            Annette Dispence

Bill Henry                               Robert Igielinski                                

Joseph Gardyjan                     Brett Burrman, LSYF

Neal Wilson                            Ed Dion

Dolly Dion                              Betty O’Donnell

            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 April 8, 2003 as submitted by the Town Clerk.  MOTION CARRIED.

            A Motion was made by Councilman Rosiek, seconded by Councilman Rubeck to accept the Supervisors Financial report for the month of March as submitted.  MOTION CARRIED.

            A motion was made by Councilman Rubeck and seconded by Councilman Rosiek to accept the Town Clerk and Court Clerk’s Financial Reports for the months of March.  MOTION CARRIED.        

A review of the Code Enforcement Officer’s report was made and Councilman Rosiek questioned the illegal business at 1054 Brant Farnham Rd. questioning the number of dogs for this owner, it was noted that was another address by the same last name and he would question the Dog Control Officer.

Lee Brunelli asked if they could read the Code Enforcement Report, Supervisor Chiavetta read the report to the people in attendance. 

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

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

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

Supervisor Chiavetta stated that there is to be a meeting between EC Planning and Assessors along with Tammy Czyz on the GIS information available for use is Assessment matters in possibly locating buildings that may be hidden in locations escaping proper assessment.  

In reviewing the minutes of the Planning Board, Supervisor Chiavetta noted that they had requested a response from Leonard Pero as Chairman to the letter dated April 22^nd. 

Discussion regarding fees being increased and possible stronger laws, which was suggested by Councilman Rosiek and Supervisor Chiavetta that this shouldn’t be done until the completion of the Master Plan. 

Suggestions of placing a Moratorium on Used Car Lots and Billboards until the Master Plan is completed was presented.  John Grennell, Attorney suggested that a public hearing may not be necessary but would be a good idea.  Supervisor Chiavetta stated that a public hearing should be scheduled for the next month.  A motion was made by Councilwoman Bowman and seconded by Councilman Rosiek to schedule a Public Hearing for June 10, 2003 at 8:15 p.m.  MOTION CARRIED.

A motion was made by Councilwoman Bowman and seconded by Councilman Czyz to accept the Planning Board Minutes as presented.  MOTION CARRIED.

 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 25^th meeting.  MOTION CARRIED.

Town Clerk, Jamie Nolan, read the legal notice that was published in the Hamburg Sun on April 24, and May 1, 2003 for the acceptance of bids on the 1999 Patrol Vehicle to open the Bid Acceptance. 

Supervisor Chiavetta noted that there had been six (6) bids received and opened the sealed bids as follows:

1.  Mike Daniels, Irving, NY                                      $1,677.50

2.  Andrew Pieczrasti, Hamburg, NY                         $2,345.67

3.  Richard LaPorta, Orchard Park, NY                     $2,888.88

4.  Sun Chevrolet, Chittenango, NY                           $2,051.51

5.  Government Car Dist., Miami, FL                        $3,150.00

6.  Grace Quality Used Cars, Morrisville, PA            $3,333.00

A motion to close the bid opening was made by Councilwoman Bowman and seconded by Councilman Rubeck at 8:23 p.m.

Councilman Rosiek made a motion to accept the high bid from Grace Quality Used Cars in the amount of $3,333.00 pending Attorneys review.  The motion was seconded by Councilman Rubeck.  MOTION CARRIED.

Supervisor Chiavetta gave an update on the Water District, he stated that the Village of Farnham has sent out the Quality Review report and the Consortium was meeting for the projects that have been being planned.  Councilman Czyz has the complete report for review.

Len Pero gave an update on the revitalization committee and stated that the newest projects they are looking into is a corn energy program and historical signs.

Supervisor Chiavetta gave an update of the Master Plan and stated that there is a public hearing input meeting at the Community Building at 7:00 p.m. He also stated that per the County that they have determined no negative impact for the SEQR review.

He stated that the Farmland Protection Quarterly Meeting was going to be held on June 4^th at the Community Building at 7:30 p.m.

Supervisor Chiavetta opened up the Acknowledgement of Visitors.

Bill Henry of Milestrip Rd., stated that he wanted to thank Judge Gugino for his response to the Guadagno location however there still seems to be a problem at that location.  He stated that no matter how much he is cited it still continues.  He also thanked Mr. Brecker for his continuance. 

Mr. Brecker stated that he has been issuing tickets once per week along with other junkyards.  He stated that the Judge then reviews it to take to review the clean up.

Mr. Henry stated that the DEC and Army Corp of Engineers are leaving to the Brant Code Enforcement Officer.  He questioned if it would help to contact the news to cause some embarrassment.  Supervisor Chiavetta stated that he has already been in the Hamburg Sun.

Annette Dispence spoke again about the traffic hazard at the corner of Milestrip and Route 323 and questioned if the Supervisor had received her letter. 

Supervisor Chiavetta stated that the signs are suppose to go up per Dan Ryder at the County.  Joe Giambrone stated that they never give a date and they have said that about three weeks ago. 

Brett Burmann from LSYF attended and apologized for the condition that the field has been left.    He questioned if the Board had any additional concerns.  Supervisor Chiavetta stated that the meeting held between Mr. Rubeck, Mr. Giambrone and Mr. Burmann, addressed all of the concerns at this time.  Mr. Burmann stated that the final payment for the repair of gas line would be made in the next couple of weeks.  He questioned if the scheduling has been approved. 

Town Clerk stated that the use of the park for August 23, 2003 may not be available.  That date had been reserved by another party during the negotiations with LSYF.  She stated that they other party had not submitted the down payment or paperwork and that she would contact them and let them know that payment was necessary to hold that date.  If no response, the date would be available for the league. 

A discussion regarding keys and that only Town of Brant Members should have these keys was finalized.

Joe Gardyjan from Cain Rd. stated that he had concerns with the Niagara Mohawk right of way on Cain Road.  There have been several ATV’s on the weekend racing.  He spoke with Mr. Duffin from NiMo Security regarding fencing or other safety measures

He was concerned that these kids or persons may enter the property at Pinker’s for the cell tower and possibly get injured.  The driveway is not maintained and therefore could cause problems if the emergency vehicles needed to get there. 

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

A resolution was received from the Town of Evans regarding the Assessments for National Fuel Gas asking for support by adopting a similar resolution.  The resolution was read out loud by Councilwoman Bowman.  Councilman Rosiek made a motion to table the resolution for review and the motion was seconded by Supervisor Chiavetta.  MOTION TABELED.

A discussion took place regarding the utility assessments and how they are determined.

 A letter was received from NYS DEC regarding the negative review for the SEQR on the Master Plan.  Supervisor Chiavetta stated that this had already been discussed.

A letter had been received from Donald Braasch Construction regarding the bridge closing  from 5/27/03 to 06/26/03 on Route 249, naming the possible detour routes.  The letter was read and filed.

Code Enforcement Officer, Gary Brecker, submitted a request to pass a resolution requesting that removal bonds for cell towers be set at a bond amount of $25,000.  Councilman Rubeck made a motion to adopt such resolution to standardize the removal bonds.  The motion was seconded by Councilman Czyz and a roll call vote taken.

ROLL CALL VOTE:

Councilman Rubeck               Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Councilwoman Bowman        Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

A letter was received from Julie Sager stating that due to personal conflicts she would be resigning as secretary for various boards, but would stay on until a replacement could be found.  Supervisor Chiavetta announced that if anyone was interested to submit a letter of interest.

Supervisor Chiavetta stated that there was a need to appoint a disaster coordinator due to replace Chuck Lohr.  He made a motion that Mike Walters be appointed to this position.  The motion was seconded by Councilman Rosiek.  MOTION CARRIED.       

A proposed resolution was received from the EC Department of Emergency Services for the All-Hazard Mitigation Plan to meet Federal Regulations.  This resolution had been recommended by Mike Walters, Disaster Coordinator.  A motion to adopt the proposed resolution was made by Councilwoman Bowman and seconded by Councilman Rubeck and a roll call vote taken.

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Rubeck               Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

            A letter was received from EC Department of Environment and Planning regarding GPS data collection and was filed.

Supervisor Chiavetta announced the Association of Erie County Government Meeting would be held on May 22, 2003 at the Paddock Chevrolet Golf Dome in Tonawanda at 5:30 p.m.

The next Association of Government meeting is to be held at the Town of Brant in the Community building on June 26, 2003 hosted by Supervisor Chiavetta. 

 Councilwoman Bowman made a motion to authorize Supervisor Chiavetta to sign an agreement with Erie County Sewer District for the proposed transfer agreement.  The motion to authorize was seconded by Councilman Rosiek and a roll call vote taken.

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Rosiek                 Aye

Councilman Rubeck               Aye

Councilman Czyz                   Aye

Supervisor Chiavetta              Aye

5 Ayes,  No Nays.  RESOLUTION ADOPTED.

Letters were received from Jennifer Chiavetta for the position of Head Lifeguard/Pool Supervisor and Jessica Wasmund for lifeguard for the 2003 season were received and forwarded to the recreation committee.

Letters for request for employment for the recreation program were received from Elizabeth Hastie, Amanda Brunelli, Ashley Moss, Brian Tyler and Jessica Bantle for Counselors.   The applications will be forwarded to the recreation committee for review.

Memorial Day Services were announced to start at 9:30 a.m. in Brant and 10:30 a.m. in Farnham followed by a concert and BBQ.

            A motion was made by Councilman Rubeck and seconded by Councilman Czyz that General Town Wide Warrant 2003 #5, Vouchers 127-166, totaling $17,221.99, General Town Wide-Payroll Warrant 2003 #5, Vouchers 13-16, totaling $31,191.65, General Fund Part Town 2003 #5, Vouchers 17-18, totaling $6,914.03, General Fund – Part Town Payroll, Voucher 3, totaling:  $525.00, Highway Town Wide 2003 #5, Voucher 3, totaling $1,512.97, Highway Payroll 2003 #5, Vouchers 6-8, totaling $11,395.95, Highway Part Town 2003 #5, Voucher 1-4, totaling $2,138.49, Lotus Bay Sewer 2003 #5, Vouchers 6, totaling $436.74 and Street lighting 2003 #5, Voucher 4, totaling $1,755.78, Fire Protection 2003 #5, Vouchers 6-8, totaling $58,948.69 and Brant Farnham Sewer 2003 #5, Vouchers 42-45, totaling $4,400.00 be presented for payment.  MOTION CARRIED.

            A motion was made by Councilwoman Bowman seconded by Councilman Czyz to adjourn the meeting 9:05 p.m. MOTION CARRIED.

Respectfully submitted,

                                                                                    Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     

COUNCILMAN RUBECK:                                                                         

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK: