Minutes of the regular meeting of the Brant Town Board and Public Hearing for a temporary Moratorium on New & Used Car Lots and Signs and Billboards 8:15 p.m., held on Tuesday, June 10, 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

Gary Brecker                           Code Enforcement Officer

Lee Brunelli                            Jean Brunelli

Annette Dispence                    Bill Henry                                                                  

Joseph Gardyjan                     Brenda Giacchino

Neal Wilson                            George Cordia

Linda Crouse                           Betty O’Donnell

John O’Donnell                      

Alice Escott                            Town Crier

            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 May 13, 2003 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 April as submitted.  MOTION CARRIED.

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

After a request for the Supervisor to read the monthly report submitted by the Supervisor, Bill Henry of Milestrip Rd., stated that the Planning Board had met on the suggestion that Mr. Guadagno be allowed to continue running the business with a plan to clean up and possibly install a berm or fence and that he be allowed to operate a business rather than continue to be sited for illegal junk yard.  He stated that this was discussed by had not been agreed to.

Mr. Brecker stated that the Planning Board had been in total agreement, and that it was also discussed with the Town Attorney.

Mr. Henry stated that it was not a business.  He questioned what business only paid $24.42 in County taxes.  The Assessors office does not have them down in there books as a business.

A verbal disagreement ensued between Mr. Henry & Mr. Brecker and Supervisor Chiavetta stated that there was also court appearance tickets issued for June 12^th. 

Mr. Brecker stated that he had stopped issuing appearance tickets because he wanted to discuss with the Board an opportunity for Mr. Guadagno to put the money into cleaning up the property and installing a berm or fence or garage for storage rather than pay fines.

Mr. Henry stated that this is Agricultural Land and was not there when he moved in.  He stated that the Town Board has continued to allow it illegally and within wetlands area. 

Additional discussion ensued over DEC reports and previously stated concerns.

Mr. Brecker asked the Board to consider if they would to allow Mr. Guadagno some kind of contractors storage to help clean up the problem. 

Councilman Czyz asked if Mr. Guadagno had a permit to operate his business.  Mr. Brecker stated that he did not need one. 

Lengthy addition discussion took place. 

John Arrigo questioned if the property was actually a business or a junkyard.  He was not aware that this was a business and asked if we really wanted this to continue in this town.

Supervisor Chiavetta asked how long had this been going on?  Mr. Henry stated that he started keeping a dump truck and back hoe there in 1988.

Additional lengthy discussion took place on suggestions whether to close him down or clean him up. 

Mr. Henry questioned the Supervisor as to a possible Business Registry for the Town, stating that it would be a good idea to know what kind of business is going in, what is being stored on the property, etc.  He stated that it would be beneficial to the fire departments to know in the event of an emergency. 

Supervisor Chiavetta stated that it may be a good idea however it would not be a moneymaker, only a registry.  It would not be an intention to charge $200 per business, but rather a check on large business.  You can buy most of the products in the grocery store for home use that are on the NSDF register that do not have to be registered with the Town. 

A motion was made by Councilwoman Bowman and seconded by Councilman Rubeck to accept the Code Enforcement Officer’s report for May as submitted.  MOTION CARRIED.    

Town Clerk, Jamie Nolan read the legal notice published in the Hamburg Sun on May 22, 2003 to open the Public Hearing for Local Law #2 for 2003 establishing a temporary Moratorium on the erection of signs and billboards and opening new or used car lot sales.

Councilman Czyz made a motion to open the public hearing, which was seconded by Councilwoman Bowman.

Betty O’Donnell asked if this was the same thing that the Planning Board proposed last year. 

 Attorney Grennell explained the intention of the law, and that it was a temporary measure until the Master Plan could be adopted.  This can not be a permanent thing, normally the Courts find it acceptable for a six month period of time. 

As everyone wanting to be heard had been heard, A motion was made by Councilwoman Bowman and seconded by Councilman Czyz to close the public hearing.  MOTION CARRIED.

A motion was made by Councilman Rosiek to adopt the Moratorium as presented, seconded by Councilman Czyz, and a roll call vote taken.

ROLL CALL VOTE:

Councilman Rosiek                 Aye

Councilman Czyz                   Aye

Councilwoman Bowman        Aye

Councilman Rubeck               Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  LOCAL LAW #2, 2003 ADOPTED.

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

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

Supervisor Chiavetta stated that he wanted to thank Dan Ryder of Erie County and Joe Giambrone, Highway Superintendent for the four way stops that have been installed on Milestrip Rd. at the Corner of Brant Reservation and Versailles Plank and Rt. 249.

A motion was made by Councilman Rubeck, seconded by Councilman Rosiek to accept the minutes of the Planning Board of the May meeting.  MOTION CARRIED.

Supervisor Chiavetta gave an update on the Water Consortium and stated that there is a meeting on Tuesday, and continuing study projects being planned between Brant, Eden, Evans, North Collins, Collins and others. 

Len Pero stated that there is nothing new to report on the revitalization committee.

Supervisor Chiavetta stated that Peter J. Smith Company would like to schedule a public hearing for the Master Plan Draft for the following month if possible.   A motion was made by Councilman Rosiek, seconded by Councilman Rubeck to set a Public Hearing for the master plan for 8:15 p.m. on July 8, 2003.  MOTION CARRIED.

Supervisor Chiavetta stated that the Recreation Committee has been formed and Counselors were being interviewed and references being checked before hiring.  A list of returning counselors was announced and additional personnel would be added if the number of campers were warranted.

Supervisor Chiavetta opened the Acknowledgement of Visitors.

Lee Brunelli stated that Sunday, the community building had been rented and there had been many cars parked in the lawn area causing ruts.  Nobody had parked in the parking area.  He questioned if the rental rules could include something on the parking of vehicles. 

Supervisor Chiavetta stated that the rental parties do leave a security deposit, however something would be added on the rental rules.

Betty O’Donnell of Hammond Rd., questioned Gary Brecker, Code Enforcement Officer if any additional information had been obtained regarding the possible campers which are suppose to be stored next to her property.

Gary Brecker stated that he had talked with the owner and his son and they showed him the property and explained what they intended to do.  Mr. Brecker stated that they were doing nothing illegal at that location.  They are storing a camper there, it is in an agricultural district and they could place a privy out there as there is no sewers.

Mr. Rubeck questioned why the camper over on Route 5 had to be moved.  Mr. Brecker stated that was in a commercial district.

Mrs. O’Donnell expressed concerned over the abandonment of the trailers.  She stated that there were other trailers just abandoned near her home.  Mr. Brecker stated that he did notice the one in question and he can take action to get that removed.  Mrs. O’Donnell questioned the procedure if someone wanted to get the zoning criteria changed for that area.

Supervisor Chiavetta stated that you can not entirely ban everything from everywhere.  You can permit things in a zone where you would rather have it allowed.  Mr. Brecker stated that there is over 70 acres there and most of it wooded, he didn’t feel it would have a negative effect.  He also stated that Mrs. O’Donnell has a camper on her property.  She stated that she did not live in hers and it was licensed for the road. 

An overview of permitted uses in different zoning locations was discussed.   Allowance of portable housing and migrant laws were also discussed.

John Arrigo questioned if there was a system in place for complaints to be heard by the Code Enforcement Officer.  He questioned if he rode around the town?

Mr. Brecker stated that he acts only on complaint due to time constraints and that he only earns $6,000 per year not a full-time position.  Mr. Arrigo stated that prior code enforcement officers (Militello & Alff) used to.

Mr. Brunelli stated that they did not do the job that Mr. Brecker is doing.  He stated that is why we have the problems with the junkyards now because it was allowed to happen previously.  Mr. Arrigo stated that they both did a good job.

Joe Gardyjan spoke to thank the highway personnel on putting up the new signs for the Town.  He also questioned if anyone had talked to Niagara Mohawk regarding the quads riding on the right of way, also if that would open the Town to a Negligence lawsuit.

Attorney Grennell stated that since they have been addressing it, he didn’t see a liability problem.

            George Cordia, Trustee of the Village of Farnham, stated that he came to approached the town board to possibly enact a curfew.  Older kids within the Village will repeatedly congregate in front of the church and when approached by a police officer to disburse, they move a couple of hundred feet down the road off Village properties.  

            Supervisor Chiavetta stated that he is not familiar with the Village Law however it was not a problem in the Town and was uncertain if a curfew could be approached to limit specific streets.  He stated that a public hearing would need to occur and questioned the Board if they would like to set a time for Public Hearing.

            Discussion took place on areas which need to be covered under the curfew.

            A suggestion made was to incorporate the entire Town and it could be enforced where needed.  A motion was made by Councilwoman Bowman and seconded by Councilman Czyz to set a Public Hearing for July 8, 2003 at 8:30 p.m.  MOTION CARRIED.

            A motion was made by Councilman Czyz, seconded by Councilman Rubeck to set a Public Hearing for 8:45 p.m. for the applications to erect an Antenna for Co-Locations by AT&T, one on Hardpan Rd., one on Shaw Rd.  MOTION CARRIED.

            A request was received from Cheryl Caldwell to use Town Park Facilities each Thursday for the Girl Scouts.  Supervisor Chiavetta stated that Boy Scouts had used the facilities at one time.  Councilman Rubeck stated that he would contact Mrs. Caldwell for more information.  A motion was made by Councilman Rosiek, seconded by Councilwoman Bowman to approve the use pending a meeting between Councilman Rubeck & Mrs. Caldwell.

            Community Concern sent a request to have a representative from the Town attend a meeting June 27, 2003 with regards to the survey for community needs developed for the Town.  Councilman Rosiek stated that he would attend and mark his calendar.

            A motion was made by Councilman Czyz, seconded by Councilman Rubeck to accept the request for a six month leave of absence with possible resignation of Michele Browning, Court Clerk and the appointment of Barbara Daniel to fill the vacancy as recommended by Justice Gugino.  MOTION CARRIED.

            A meeting was announce for the Southtowns Regional Water Planning Consortium to be held on June 17^th in Buffalo.  Supervisor is to attend.  Discussion of the planned projects took place.

            The Association of Erie County Governments meeting is to be held in Brant at the Community Building on June 26, 2003 at 5:30.

            Registration for the Summer Day Camp was announced to start on Monday, June 16^th during normal business hours of the Supervisors Office and on Monday evenings from 6-8 p.m.  

            A request was received from the Court and Town Clerks Offices requesting bi-weekly pay for the hourly clerks.  A motion was made by Councilman Rubeck and seconded by Councilman Czyz to pass a resolution to authorize this request 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.

            Rural Transit Service was scheduled to for Thursday, June 18^th and they would like one representative from the Town to attend.  Town Clerk to check calendar for possible attendance.

            A notice of a Computer recycling Drop Off day for June 14^th and ECC South Campus was announced and filed.

            A notice of Household Hazardous Waste Drop Off day for June 21^st at ECC South Campus was announced and filed.

            A letter of acknowledgement from the Office of the State Comptroller was received and filed.

            A resolution tabled from the May 13^th, 2003 meeting submitted by Town of Evans regarding Niagara Mohawk was reviewed and no action taken.

            Supervisor Chiavetta stated that there was a request for some of the Planning Board and Town Board and others who may be interested to discuss procedural recommendations.  Dates were discussed and Len Pero, Chair of the Planning Board stated that it would be discussed at the next planning board and date set.

            Supervisor Chiavetta stated that a resolution was needed to apply for the Town Park Grant for needed equipment.  Councilman Czyz made a motion to authorize the Supervisor to file and execute an application for funding not to exceed a cash match of $5,000, the motion was seconded by Councilman Rubeck and roll call vote taken:

ROLL CALL VOTE:

Councilman Czyz                   Aye

Councilman Rubeck               Aye

Councilwoman Bowman        Aye

Councilman Rosiek                 Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

            A motion was made by Councilwoman Bowman and seconded by Councilman Rubeck  that General Town Wide Warrant 2003 #6, Vouchers 167-206, totaling $23,464.39, General Town Wide-Payroll Warrant 2003 #6, Vouchers 17-19, totaling $29,177.19, General Fund Part Town 2003 #6, Vouchers 19-22, totaling $9,175.93, General Fund Part Town Payroll 2003 #6, Voucher 4, totaling $922.80, Highway Town Wide 2003 #6, Voucher 46-52, totaling $2,758.56, Highway Part-Town 2003 #6, Vouchers 5-8, totaling $834.08, Highway Payroll 2003 #6, Vouchers 9-10, totaling $7,507.38, Lotus Bay Sewer 2003 #6, Vouchers 7, totaling $392.15, Street lighting 2003 #6, Voucher 5, totaling $1,513.11, Brant Water District #1, Warrant 2003 #6, Voucher 2, totaling $17,325.00, and Brant Farnham Sewer 2003 #6, Vouchers 42-45, totaling $4,400.00 be presented for payment.  MOTION CARRIED.

            A motion was made by Councilman Rubeck seconded by Councilman Czyz to adjourn the meeting at 9:03 p.m. MOTION CARRIED.

                                                                                    Respectfully submitted,

                                                                                    Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     

COUNCILMAN RUBECK:                                                                         

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK: