Minutes Of The April 9, 2002 Town Board Meetting
Minutes of the regular meeting of the Brant Town Board held on Tuesday, April 9, 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
Councilwoman Ellen Bowman
Councilman Martin Rosiek
Councilman Eugene Czyz
Attorney John Grennell
Also present:
Gary Brecker Code Enforcement Officer
Sherry Hughes Sun Representative
Maggie White Zoning Board Chairman
Leonard K. Pero Revitalization Chairman
Diane Czyz Supervisor’s Secretary
Donna Marien Dog Control Officer
Wayne Falk Chief of Police
Joe Giambrone Highway Superintendent
Lee Brunelli Joseph Gardyjan
John O’Donnell, Jr. Betty O’Donnell
Louis Small Ann Small
Ed Dion Dolly Dion
Tony Andolina Neal Wilson
Mark Hageman David Taylor
Hank Duwe David Olek
Doug O’Reilly
The meeting was opened with a pledge to the flag led by Maggie White.
Councilwoman Bowman made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of March 12, 2002 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 months of January & February as submitted. MOTION CARRIED.
A review of violation reported by Karen Swartzwelder & Robert Turnbull along with a listing of reported junk vehicles or unlicensed motor vehicles was reviewed before the board reviewed the Code Enforcement Officers reports.
A motion was made by Councilman Czyz, seconded by Councilman Rubeck to accept the Code Enforcement Officers report for the month of March as submitted. MOTION CARRIED.
A motion was made by Councilwoman Bowman, seconded by Councilman Czyz to accept the Dog Control Officer for March as submitted. MOTION CARRIED.
A motion was made by Councilwoman Bowman seconded by Councilman Rubeck to accept the Police Chiefs report for the month of March as submitted. MOTION CARRIED.
A motion was made by Councilwoman Bowman and seconded by Councilman Czyz to accept minutes submitted by the Planning Board for the March 26, 2002 meeting. MOTION CARRIED.
Leonard Pero, Planning Board Chairman, went over the Planning Board meeting of March 26, 2002. Mr. Murcata gave a site plan for the property at the Kusior Junkyard and was placed on a compliance scheduled. Mr. Pero stated that he has come a long way in improving the site and if completed will be something that the Town has been trying to have done for several years.
Mr. Pero also recommend that the Planning Board appointments be taken care of at this time. Mr. Neal Wilson has expressed desire to take over the position vacated by Eugene Czyz. A motion was made by Councilman Czyz and seconded by Councilman Rosiek, to appoint Neal Wilson to fill the vacancy of Eugene Czyz as Planning Board member.
ROLL CALL VOTE:
Councilman Czyz Aye
Councilman Rosiek Aye
Councilman Rubeck Aye
Councilwoman Bowman Aye
Supervisor Chiavetta Aye
5 Ayes, No Nays. RESOLUTION ADOPTED.
A motion was made by Councilman Rubeck seconded by Councilwoman Bowman to appoint Joe Gardyjan as an alternate member of the Planning Board.
ROLL CALL VOTE:
Councilman Rubeck Aye
Councilwoman Bowman Aye
Supervisor Chiavetta Aye
Councilman Czyz Aye
Councilman Rosiek Aye
5 Ayes, No Nays. RESOLUTION ADOTPED.
The Planning Board presented a program for review as to the junk cars in the Town. A suggestion to save time and money was to have the owner sign a release when the Code Enforcement Officer goes to a property to have the vehicle removed, and then have a junk yard within our town pick up the vehicle.
Questions arose regarding the liability and whether a vehicle check would have to be made. Attorney Grennell stated that he would have to further investigate whether a local law or other legalities would need to be resolved.
Councilwoman Bowman made a motion to table the issue to allow more time for investigation, the motion was seconded by Councilman Czyz. MOTION TABELED.
It was discussed that Mr. Murcata did not need a Special Use Permit or a public hearing to operate a Junkyard as the Code stated that the Code Enforcement Officer had the authorization to issue this type of permits. Mr. Brecker stated that he had placed Mr. Murcata on a compliance schedule
and wanted to keep the Board informed on this matter. Mr. Brunelli stated that the Planning Board gave him until June 1st due to the weather. Mr. Brecker stated that he would feel comfortable to issue a permit on a compliance schedule and let the man operate. The Town Board noted that they have been informed and did not need to give authorization to issue the permit.
Supervisor Chiavetta stated that according to the Town Code, no solid waste could be brought into the town. Tree Bark is a solid waste so it would not be allowable.
Mr. David Taylor stated that this site was never a composting site. He stated that this site was used for dumping of unsold shrubbery during the Congdon & Weller operation.
Mr. Duwe asked why tree bark was considered solid waste. Supervisor Chiavetta stated that if the material was coming out of the area, and it is solid waste so it has to be classified as solid waste. Mr. Duwe stated that it is a commodity, he purchased this product.
Supervisor Chiavetta stated that the Code Book states that it is not allowed and until the code is changed, that there is a fine line in this material, that the operation can not be permitted.
Mr. Taylor voiced concerns with his well water as Dunkirk Ice Cream waste had been previously dumped there and then cleaned up. He also spoke of concerns on nursery operations being condemned due to the possibility of disease and insects.
Mr. Chiavetta stated that persons are responsible to check whether a business is permitted in the area before opening up for business. Mr. Duwe asked how he should proceed as he does not agree to the decision of the Board. Mr. Brecker stated that he will have to be served notice of being in violation and remove the materials. Mr. Duwe stated that that was impossible. Mr. Rosiek asked why he did he put it there. Mr. Duwe that it was a financial impossibility.
Mr. Duwe stated that he would be pursuing the issue.
Supervisor Chiavetta stated that there was a meeting of the South Towns Water Consortium coming up and that the engineers will be discussing some of the findings in the expanded water districts.
Leonard Pero gave an update on the Revitalization Committee and stated that the store was ready to be purchased and that he only needed 10 more shares to be sold. He also asked the Town Board that if they were serious about agriculture in the community, that they might want to consider opening an Ag Commission. With possibly 2 or 3 farmers and a couple of board members to give a voice to the farmers or agriculture. He also would like to open the opportunity to give tax incentives to give businesses a chance to build up the run down businesses.
Supervisor Chiavetta opened the floor for the acknowledgement of visitors. As no one spoke, the acknowledgement of visitors was closed.
Betty O’Donnell from Hammond Rd. stated that she was representing the Friends & Neighbors against the Brant Landfill. She questioned the fee to operate a junkyard in the Town and is there any elected officials in Brant who represent the Evans Brant Chamber of Commerce.
Town Clerk, Jamie Nolan, stated that the junkyard fee was still $25.00. Supervisor Chiavetta stated that currently no one was a member of the Chamber.
A cancellation notice of the removal bond required by Nextel in the Special Use permit had been received. It was noted that a condition of the Permit was the removal bond and that it was up to the Planning Board to decide the amount of the Bond. No action was taken by the Board, Attorney Grennell is to send a letter to Nextel.
Councilman Rosiek made a motion to appoint John Chiavetta and Cheryl Caldwell to serve as an Alternates of the Zoning Board of Appeals. The motion was seconded by Councilwoman Bowman.
ROLL CALL VOTE:
Councilman Rosiek Aye
Councilwoman Bowman Aye
Councilman Czyz Aye
Councilman Rubeck Aye
Supervisor Chiavetta Aye
5 Ayes, No Nays. RESOLUTION ADOPTED.
Councilman Rubeck made a motion to accept bids on the used Highway Vehicles equipment, 1 ton dump and mower, the motion was seconded by Councilman Czyz.
ROLL CALL VOTE:
Councilman Rubeck Aye
Councilman Czyz Aye
Councilman Rosiek Aye
Councilwoman Bowman Aye
Supervisor Chiavetta Aye
5 Ayes, No Nays. RESOLUTION ADOPTED.
As the Master Plan specifications needed further review, a motion was made by Councilman Czyz and seconded by Councilman Rosiek to change the bid opening from May 14th, to June 11th at 8:30 p.m. MOTION CARRIED.
A request was received from Lake Shore Youth Football to install 2 removable sheds behind the big storage building. Councilman Rubeck made a motion to authorize the request with Joe Giambrone to coordinate any improvements requested. The motion was seconded by Councilwoman Bowman and the Town Clerk to send a letter to LSYF. MOTION CARRIED.
A request was received from Erie County Clerk for support in defeating a proposed increase in the Records Management fee from $5.00 to $20.00. A motion was made by Councilwoman Bowman and seconded by Councilman Rosiek to support in defeating this increase.
ROLL CALL VOTE:
Councilwoman Bowman Aye
Councilman Rosiek Aye
Councilman Rubeck Aye
Councilman Czyz Aye
Supervisor Chiavetta Aye
5 Ayes, No Nays. RESOLUTION ADOPTED.
A motion was made by Councilman Rubeck and seconded by Councilman Rosiek to set a public hearing date of May 14, 2002 at 8:15 p.m. for the Special Use Application of Devon Mobile to co-locate at the Nextel Tower at 10460 Brant Angola Rd. MOTION CARRIED.
A request was received from Farnham Fire Dept. to use the recreation building on Thursdays and from Brant Fire Department to use the field on Sundays. A motion was made by Councilwoman Bowman to grant these requests, which was seconded by Councilman Czyz. MOTION CARRIED.
Councilman Rosiek made a motion to authorize the Supervisor to sign the Dispatch Contract with the Town of Evans for the year 2002. The motion was 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. RESOLUTION ADOPTED.
A letter was received from the Office of Real Property Services regarding the reassessments of 2001 was received and filed.
An update from NYS Office of Real Property Services regarding the sales in the area from Jan 1, 2000 to June 2001, being higher than assessed value was received and filed.
Request for summer employment with the Recreation Program was received from Sheena Farrell, Kimberly Bryant, Anna Bryant, Elizabeth Matteson and Sarah Marien. Was forwarded to the Recreation Committee for selection.
National Fuel submitted a list of contact numbers for the highway and police department.
Association of Town meeting is April 19th and RSVP is due the Friday before for anyone interested in attending.
The Fred Brinkman Agency sent an insurance summary review. The Insurance Committee will be setting up a meeting with him to review with him. A list of equipment was also attached.
Councilman Rubeck made a motion to enter into an Installment Loan with Evans National Bank for the purchase of the Highway Vehicles. The motion was seconded by Councilman Czyz and roll call vote was 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.
Jan Bowman, Assessors Clerk, requested permission to go on the Health Insurance Plan through the town at no cost to the Town. A motion was made by Councilman Rubeck to authorize the request the motion was seconded by Councilman Czyz. MOTION CARRIED.
An invitation was received from the Pomona Grange to attend a Luncheon on April 27th for anyone interested in attending.
An announcement of a retirement party for Leah Mirusso to be held April 27th at 4:00 p.m. at the Brant Fire Hall was made and filed.
A report on the Grants Development was received from Connie Miner and filed.
ADP sent a proposal for data processing and payroll information was received, no action was taken.
A National Day of Prayer Services being April 27th at 7:00 p.m. was announced and filed.
Information was received from Berkowitz and Pace on the assessments and appraisal cases he was handling. This information was filed.
A memo regarding the Kid’s Voting program was received and announced that the BOCES will be involved in the future.
The Town of Evans and employee would be handling the booth at the Evans Trade Expo with the Farmland Protection Information available for anyone interested in attending.
A motion was made by Councilman Rubeck and seconded by Councilman Rosiek that General Town Wide Warrant 2002 #4, Vouchers 88-118, totaling $19,636.62, General Town Wide Payroll 2002, Warrant #4, Vouchers 8-10, totaling $23,064.11, General Part Town Warrant 2002 #4, Vouchers 13-14, totaling $6,773.94. Highway Fund Payroll 2002, Warrant #4, Vouchers 5-6, totaling $7,749.69, Highway Town Wide 2002 #4, Vouchers 24-36, totaling $4,650.92, Street Lighting Fund 2002, Warrant #4, Voucher 3, totaling $1,673.59. Lotus Bay Sewer Dist 2002 Warrant #4, Vouchers 4-5, totaling $1,838.80, Fire Protection 2002 #4, Voucher 1, totaling $210.15 be presented for payment. MOTION CARRIED.
A motion was made by Councilman Czyz, seconded by Councilman Rubeck to adjourn the meeting at 9:15 p.m. MOTION CARRIED.
Respectfully submitted,
Jamie S. Nolan, Town Clerk
APPROVED BY:
SUPERVISOR CHIAVETTA:
COUNCILMAN RUBECK:
COUNCILWOMAN BOWMAN:
COUNCILMAN CZYZ:
COUNCILMAN ROSIEK:
April 9 Town Board Minutes