Minutes Of The January 8, 2002 And January 9, 2002 Town Board Meeting


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

There were present:

Supervisor                               Samuel J. Chiavetta
Councilman                             Dennis Rubeck
Councilman                             Martin Rosiek
Councilman                             Eugene Czyz
Attorney                                  John Grennell

Absent:                                   

Ellen Bowman, Councilwoman

Also present:

Gary Brecker                          Code Enforcement Officer
Sherry Hughes                        Sun Representative
Maggie White                         Zoning Board Chairman
Leonard K. Pero                      Revitalization Chairman
Ed Dion                                   Dolly Dion
Lee Brunelli                            Margaret Hageman
Mark Hageman                       Diane Czyz
Joseph Gardyjan                     John Snyder
Betty O’Donnell

The meeting was opened with a pledge to the flag led by Maggie White.

Councilman Czyz made a motion; seconded by Councilman Rosiek to accept the minutes of the Town Board meeting on December 11, 2001 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 November as submitted.  MOTION CARRIED.

Motion was made by Councilman Rubeck seconded by Councilman Czyz to accept the Code Enforcement Officers report for the month of December as submitted.  MOTION CARRIED.

It was noted that there were no reports submitted by the Dog Control Officer for December 2001.

A motion was made by Councilman Rosiek seconded by Councilman Rubeck to accept the Police Chiefs report for the month of December as submitted.  MOTION CARRIED.

A motion was made by Councilman Czyz and seconded by Councilman Rosiek to accept minutes submitted by the Planning Board for the December 17, 2001 meeting.  MOTION CARRIED.

It was noted that no update on the Water District had been received.  Other water matters are covered later on the agenda.

Supervisor Chiavetta opened up the Acknowledgement of Visitors.

Lee Brunelli of Brant Farnham Road questioned the status of Route 20 Auto Parts due to the number of vehicles saying it was a disgrace and something should be done about it.  He also stated that the Kusior Junkyard Lessee has been hauling from Buffalo into the Town of Brant and the stipulation was that cars should be taken out of Brant.  He feels that his Junkyard Permit should be lifted.

He also wanted to know what could be done about people placing garbage by the road 3 or more days before garbage day.  Then leaving cans out until the following pickup.

Gary Brecker, Code Enforcement Officer, stated with Route 20 Auto Parts he had been given a summons but then complied with the regulations.  He had been using the front as a reception area and Mr. Brecker asked him to make a reception area in the back behind the fence.  He stated that the owner keeps using the front and he too feels that something should be done.

He said that he is finding out that people in Town just play you along.  He stated that jail term of 15 days after the 3rd violation can be offered, if the Judge will do so.  He stated that he would like to start to do this.  He stated the Town would have to crack down and do something.

Supervisor Chiavetta questioned the Kusior property.  Mr. Brecker stated that the last time he was there they were completely cleaned up if front and asked Mr. Brunelli when he seen more there.  Mr. Brunelli stated just tonight on his way in.  Mr. Czyz verified what Mr. Brunelli stated.  Mr. Brecker stated he must have been doing the same thing as Route 20 Auto Parts and using the front as a reception area.  He noted that the new owner still does not have a Special Use Permit and questioned if a Public Hearing was needed as he was still operating under the Kusior Permit. 

Supervisor Chiavetta stated that a Public Hearing is necessary for the new applicant.  It follows the person, not the business.  Ideally, it would be best if all the vehicles were kept behind the fence.

Mr. Brunelli stated that if you tell them you are from Brant they say, “that’s wear all the junk cars are.”  He stated that it is not pleasant to hear. 

Mr. Brecker stated that it will take some time and he will ask the judge for jail a 15 day, sentencing, that should straighten some of them up.    

He also stated that there is a Town Law regarding the placement of garbage after 6:00 the night before pick-up.  Supervisor Chiavetta stated that he would have the information published in the next newsletter as a reminder.

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

A request was made by the Village of Farnham for use of the voting machines for the Village Elections to be held on March 19, 2002.  A motion was made by Councilman Czyz and seconded by Councilman Rubeck to allow the Village use of the voting machines.  MOTION CARRIED.

Information on the Association of Towns Conference had been received, read and filed.

A notice of request from NFTA had been received to keep the bus stops clear of snow was received and filed.

A meeting of N.E.S.T. of January 10, 2002 was announced and filed.

Councilman Rubeck made a motion to approve the budget changes as recommended by the Town Accountant.  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
Supervisor Chiavetta              Aye
4 Ayes, No Nays.  RESOLUTION ADOPTED.

A letter from Niagara Mohawk regarding rates for services on outdoor lighting and traffic control for an approximate 1.9% decrease was received and filed.

A letter from Erie County Water Authority regarding Southtowns Regional Planning Water Consortium had been received, read and passed to E&M Engineering for further examination.

A notice of meeting on January 22, 2002, 5:00 p.m. at the Aurora Town Hall for the Water Consortium meeting was received and filed.

A motion was made by Councilman Rosiek to set a public hearing date of February 12, 2002 at 8:15 p.m. to present an Aged Low Income Exemption at the recommendation of the Assessors Office, as the Town of Brant is the only Town in Erie County without the Exemption.  MOTION CARRIED.

Cost Control Associates had notified the Town that were had been billed for the streetlight on pole #46 on Lotus Point Road which had been removed in 1999.  They had inquired if the lighting should be reinstalled.  The request was to be looked at by Chief Falk who would make his recommendations.  TABLED.

A special use permit filed by John Snyder that was recommended for approval by the Planning Board was presented to the Town Board.  Councilman Czyz made a motion to declare the Town the lead agency on SEQR and to set a public hearing date for 8:30 p.m. on February 12, 2002 on the Special Permit Application.  The motion was seconded by Councilman Rosiek and a vote taken.

ROLL CALL VOTE:
Councilman Czyz                   Aye
Councilman Rosiek                 Aye
Councilman Rubeck               Aye
Supervisor Chiavetta              Aye
4 Ayes, no nays.  RESOLUTION ADOPTED.

A motion was made by Councilman Rubeck, seconded by Councilman Rosiek to appoint Daniel Hontz as Court Bailiff for Judge Gugino and Sam Pinto for Judge Dispence and Leonard Pero, and possibly Betty O’Donnell to the Planning Board.  It was noted that the terms are 7-year terms and these do need to be looked at and the list updated.  MOTION CARRIED.

A letter was received regarding the possible new carriers available for the liability policy for the Town, by the agent, Fred Brinkman, two quotes are being obtained.  The letter was received and filed.

Gary Brecker, Code Enforcement Officer, requested that the Town of Brant split the cost of his attendance with the Town of North Collins for the Association of Towns Conference in NYC as he would be representing both Towns when attending.  Councilman Rosiek made a motion to authorize splitting the cost with the Town of North Collins, seconded by Councilman Czyz.  MOTION CARRIED.

A motion was made by Councilman Rubeck and seconded by Councilman Rosiek, that General Town Wide Warrant #13, Vouchers 612-641, totaling $12,459.94, General Town Wide Warrant 2002 #1, Vouchers 1-9, totaling $13,789.85, General Town Wide Payroll Warrant #13, Vouchers 46-48, totaling $19,007.98, General Town Wide Payroll 2002, Warrant #1, totaling $2,065.51.  General Part Town Warrant #13, Vouchers 47-50, totaling $22,371.73, General Part Town Warrant 2002 #1, Vouchers 1-3, totaling $1,545.00. Highway Fund Payroll Warrant #13, Vouchers 23-24, totaling $5,841.47.  Highway Town Wide Warrant #13, Vouchers 141-154, totaling $11,806.12. Street Lighting Fund, Warrant #13, Voucher 14, totaling $2,052.21.  Lotus Bay Sewer Dist Warrant #13, Voucher 18, totaling $387.33, Brant Water District #1 Warrant 2002, #1, Voucher 1, totaling $8,527.50,  Fire Protection, Warrant #13, Vouchers 8-9, totaling $48,718.00 and Brant Farnham Sewer, Warrant #13, Voucher 4, totaling $16,516.00 be presented for payment.   MOTION CARRIED.

A motion was made by Councilman Rubeck, seconded by Councilman Czyz to adjourn the meeting at 8:42 p.m.  MOTION CARRIED.

Respectfully submitted,
Jamie S. Nolan, Town Clerk

APPROVED BY:
SUPERVISOR CHIAVETTA
COUNCILMAN RUBECK
COUNCILWOMAN BOWMAN
COUNCILMAN CZYZ
COUNCILMAN ROSIEK   

 

Minutes of the regular meeting of the Brant Town Board held on Tuesday, January 9, 2001 at 8:00 a.m. 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
Councilwoman                        Leah Mirusso
Councilman                             Martin Rosiek
Attorney                                  John Grennell

Also present:

Mark Hageman                                   Lee Brunelli
Margaret Hageman                             Joseph Gardyjan
John J O’Donnell                                Betty O’Donnell
Neal Wilson                                        Linda Crouse  
Tony Andolina                                    Judy Ann Palmer
Robert T. Palmer                                 Raymond Szafranski
Felice Krycia (Sun Representative)

The meeting was opened with a pledge to the flag.

A moment of silence was observed in the memory of  Mrs. Hauser who would have been 101 on February 16th.

A motion was made by Councilwoman Mirusso, seconded by Councilman Rosiek to accept the minutes of the regular meeting of December 12, 2000 as presented.  MOTION CARRIED.

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

A Motion was made by Councilwoman Bowman, seconded by Councilwoman Mirusso  to accept the Code Enforcement Officers report for the month of December and the year end report for 2000 as submitted.  It was noted that there were six new homes in the year 2000.  MOTION CARRIED.

A Motion was made by Councilman Rosiek, seconded by Councilman Rubeck to accept the Dog Control Officer reports for November and December.  MOTION CARRIED.

A Motion was made by Councilwoman Mirusso, seconded by Councilwoman Bowman to accept the Police Chiefs report for the month of December as submitted.  MOTION CARRIED.

The Planning Board did not meet in December so no minutes were presented.

No update for the Water District was submitted.

Betty O’Donnell of Hammond Rd. asked to make an announcement on behalf of the Friend & Neighbors Against the Landfill that the steering committee would continue to meet once a month to promote the health and well being of the residents and that they would be involved in the master planning project when the time comes.  She asked the proper procedure to submit names to be on the project. 

Supervisor Chiavetta stated that the project hasn’t started yet however any names could be given to the Town Clerk and when the committee is formed that they would be notified.

Neal Wilson of 701 Cain Rd. asked about a rumor of the Indian’s making a claim on the Town of Brant for property.  He questioned the location.  Supervisor Chiavetta stated that he believed it was Milestrip Rd. due to a later purchase.  Councilwoman Mirusso suggested that they invite President, Sy Schindler to a meeting to ask questions on this matter.

Betty O’Donnell asked about the registered voters who are reservation residents are also Town of Brant residents.  Supervisor Chiavetta stated that the voters within the Town are generally on Versailles Plank, Route 438 and down by the lake.   

A request was received from Police Chief, Wayne Falk for the purchase of a 2001 Patrol Unit from funds available from the equipment fund, a light bar is also needed.  Chief Falk stated that the new light bar has the newest required  lighting on the unit.  A motion was made by Councilman Rubeck and seconded by Councilman Rosiek to allow such request.

ROLL CALL VOTE:

Councilman Rubeck               Aye
Councilman Rosiek                 Aye
Councilwoman Bowman        Aye
Councilwoman Mirusso          Aye
Supervisor Chiavetta              Aye

5 Ayes, No nays, RESOLUTION ADOPTED.

A Special Use application was received from Nextel Communications for co-location at the Sprint Tower on Milestrip Rd.  The planning board would be meeting on January 30th to review the application and Councilwoman Bowman made a motion to set a public hearing for February 13th at 8:15 p.m., which was seconded by Councilman Rosiek.  MOTION CARRIED.  It was noted that the Town and Village of North Collins should also be notified.

A Special Use application was received from Donald Arcara of 10962 Southwestern Blvd. For a used car lot and public garage.  The planning board would be reviewing the application on January 30th and Councilwoman Bowman made a motion to set a public hearing for February 13th at 8:20 p.m., seconded by Councilman Rosiek.  MOTION CARRIED.

Information was received regarding the Association of Towns training and meeting in New York which will be February 18-21st for Town Officials and the 8 resolutions that were to be presented were read by Supervisor Chiavetta.  As all the resolutions were agreed to, Councilwoman Mirusso made a motion to authorize the delegate to endorse the resolutions which was seconded by Councilman Rubeck.  MOTION CARRIED.

A Motion was made by Councilman Rosiek and seconded by Councilwoman Mirusso to accept the Town Clerk’s yearly report as submitted.  Councilman Rosiek suggested that the auditing committee make an appointment to review the report directly with the Town Clerk to satisfy the auditing for State Records auditing purposes.  MOTION CARRIED.

Supervisor Chiavetta stated that the backhoe bids were opened at the organizational meeting and the low bidder, Mecca Krull,  should be awarded the contract as they met the specification guidelines.  Councilwoman Mirusso made a motion to award the contract to Mecca Krull which was seconded by Councilwoman Bowman.  MOTION CARRIED.

Supervisor Chiavetta stated that all appointed officials should be sworn it by the Town Clerk by the end of January and anyone that has not yet done so should make arrangements to be sworn in and sign the log book. 

A letter was received from Adelphia Cable announcing new products and pricing available to the residents.  The letter was filed.

Supervisor Chiavetta announced a BI-partisan open house and thank you gathering for Sunday, January 21, 2001 from 1 p.m. – 3 p.m. at the Community Building at the Town Park.  Everyone is welcome to attend.

A motion was made by Councilwoman Mirusso and seconded by Councilman Bowman to adjourn to executive session to discuss matters of employment. 

ROLL CALL VOTE:

Councilwoman Mirusso                      Aye
Councilwoman Bowman                    Aye
Councilman Rosiek                             Aye
Councilman Rubeck                           Aye
Supervisor Chiavetta                          Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

The Board went into executive session at 8:30 p.m.

The Board resumed the meeting at 8:47 p.m. announcing that no action would be taken at this time.

A motion was made by Councilman Rosiek, seconded by Councilwoman Bowman that General Fund Warrant #1, Vouchers 1-22 totaling $43,315.08, General Fund Warrant #1A, Vouchers 621-657 totaling $32,367.76; Highway Fund Warrant #1, Vouchers 1, totaling $6,687.55, Highway Fund Warrant #1A, totaling $6,535.55; Miscellaneous Fund Fire Protection Warrant #1, Voucher 1, totaling $275.00; Miscellaneous Fund Brant Water Dist. #1, Warrant #1, Voucher 1, totaling $8,730.00; Miscellaneous Fund, Lotus Bay Sewer Dist. Warrant #12, Voucher 15 totaling $160.69; Miscellaneous Fund, Brant Water Dist. #1, Warrant #7, Voucher 8, totaling $150.00 be accepted for payment as submitted.  MOTION CARRIED.

A motion was made by Councilman Rubeck, seconded by Councilwoman Bowman to adjourn the meeting at 8:52 p.m.  MOTION CARRIED.

Respectfully submitted,
Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     
COUNCILMAN RUBECK:                                                                         
COUNCILWOMAN BOWMAN:                                                                
COUNCILWOMAN MIRUSSO:                                                                 
COUNCILMAN ROSIEK: