Minutes of the regular meeting of the Brant Town Board held on Tuesday, May 14, 2002 at 8:00 p.m., and Public Hearing at 8:15 p.m. for Devon Mobile Special Use Application and 8:30 p.m. for bid opening of Town Highway trucks, 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
Maggie White                         Zoning Board Chairman
Sherry Hughes                        Sun Representative
Leonard K. Pero                      Revitalization Chairman
Diane Czyz                             Supervisor’s Secretary
Joe Giambrone                        Highway Superintendent
Lee Brunelli                            Ed Dion
Dolly Dion                              Joe Gardyjan
Tony Andolina                        David Olek, Devon Mobile    

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 April 9, 2002 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 March as submitted.  MOTION CARRIED.

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

A motion was made by Councilwoman Bowman, seconded by Councilman Rosiek to accept the Dog Control Officer for April as submitted.  MOTION CARRIED.

A motion was made by Councilwoman Bowman seconded by Councilman Czyz to accept the Police Chiefs report for the month of April along with the BOCES Ride Along Program Schedule as submitted.  MOTION CARRIED.

Several questions arose during the review of the Planning Board report submitted and the composting operation of Mr. Hank Duwe on his cease and desist order.  It was noted that the Planning Board met on Special Use Applications for Joseph Schottmiller which the planning board was in favor for if Mr. Schottmiller was willing to move the camper was moved back further, and Joshua Folts for a commercial warehouse, however no paperwork had been submitted on either.  A motion was made by Councilwoman Bowman and seconded by Councilman Rubeck to schedule public hearings for Joseph Schottmiller at 8:15 p.m. and Josh Folts at 8:20 p.m. with the proper paperwork submitted to the Town Clerk.  MOTION CARRIED.

The Public Hearing for Devon Mobile was opened at 8:15 p.m. with the Town Clerk reading the legal notice. 

David Olek, representing Devon Mobile to Co-locate, stated that Gary Brecker had the engineering plans and that the tower was capable of handling additional antennas and they would be willing to have the approval be contingent on the new owners, Spectrasite, renewing the bond which will be expiring on May 31, 2002.

As all wanting to be heard had been heard, Councilwoman Bowman made a motion to close the public hearing, which was seconded by Councilman Rosiek.  MOTION CARRIED.

Councilman Rubeck made a motion that was seconded by Councilwoman Bowman to approve the application for the co-location of the Antenna for Devon Mobile, contingent on the renewal bond of Spectrasite, and a roll call vote was taken.

ROLL CALL VOTE:

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

5 Ayes, No Nays.  SPECIAL USE PERMIT GRANTED.   

A motion was made by Councilman Rubeck and seconded by Councilman Czyz to accept minutes submitted by the Planning Board for the April 23, 2002 meeting.  MOTION CARRIED.

Supervisor Chiavetta stated that there was a meeting of the South Towns Water Consortium coming up in two weeks and that they would be discussing a countywide wish list. 

Leonard Pero gave an update on the Revitalization Committee and stated that he felt the need for a volunteer Ag Committee.  Supervisor Chiavetta asked for informal volunteers as an advisory committee.

Joe Giambrone asked what agriculture had to do with drinking water.  Supervisor Chiavetta stated that with a water district, if you run the line through property without housing, but used for farming, they would be paying on the assessment of vacant land causing hardships with the farmers.  The Town of Marilla had to revamp their repayment due to the farming lots mixed in with the houses on the same road.

Joe Giambrone stated that he needs drinking water; he has spent thousands of dollars on water treatments, etc.  He stated that the Town of Brant was surrounded by water with Evans, North Collins, Farnham and the Reservation.  

Councilman Rosiek stated that they are trying to address the situation before it comes up. 

Town Clerk, Jamie Nolan, read the legal notice for accepting bids on the Highway Equipment to allow the Bid Opening at 8:30 p.m.

Supervisor Chiavetta opened and read the bids as follows:

Bid #1:  Submitted by Joseph Gardyjan, Cain Road, for the Farmall Tractor Mower only amount of: $1,765.50.

Bid #2:  Submitted by Martin Castle, Brant Farnham Rd., for the Ford Dump only amount of: $1,500.00.

Bid #3:  Submitted by Lutz Sales, Oakland, NY, for 1978 Ford Dump, $1,313.00, for the Tractor, $1,313.00.

Attorney and Highway Superintendent to review if bids are feasible.

Councilman Rosiek made a motion to close the bid opening, seconded by Councilwoman Bowman.  MOTION CARRIED.

Supervisor Chiavetta opened the Acknowledgement of Visitors:

Lee Brunelli of Brant Farnham Rd., stated that he had driven behind the BFI Recycling truck and noticed that garbage was blowing from the truck on windy days due to the fact that they do not close the bins.  He felt that they should be contacted.

Supervisor Chiavetta stated that someone would be contacting them to make them aware of the situation.

Joe Gardyjan of Cain Rd., stated that every Sunday, someone is strewing the Sunday paper all over Route 5.  He had reported this and is trying to find out who is doing the littering.  He has been cleaning up the mess near his property.  He would appreciate help in this matter.

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

Councilwoman Bowman made a motion to authorize the Supervisor to enter into and sign the necessary documents to go forward with the Court Grant through Connie Miner, Grants Consultant.  Councilman Czyz seconded the motion, and a roll call vote taken.

ROLL CALL VOTE:

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

5 Ayes, No Nays.  RESOLUTION ADOPTED.

Supervisor Chiavetta thanked Mr. Doug Tower for his 20 years of service on Planning Board and asked Mr. Leonard Pero, Chairman of the Planning Board to help present a plague to Mr. Tower.  

A motion was made by Councilman Czyz and seconded by Councilman Rosiek to appoint Cheryl Caldwell in place of Charles Roe on the Zoning Board of Appeals, as Mr. Roe has not been available.  MOTION CARRIED.

Councilman Czyz made a motion to approve the expense report and to authorize the Town Clerk to pay the bills from the Retirement Party held on April 27, 2002, the motion was seconded by Councilwoman Bowman.  MOTION CARRIED.

Supervisor Chiavetta announced that the Town received $11,612.95 from the NYS emergency Management Office for the December 2001 Christmas Eve Storm.  The award letter was filed.

The Association of Erie County Government sent an invitation for board members to for the next meeting to be held on Thursday, May 23, 2002.  The invitation was filed.  Supervisor Chiavetta noted that the next meeting would be hosted by the Town of Brant at the Community Building.

Applications were received from Christy Serra, Amanda Brunelli, Tamara Keem, and Kimberly Schmelzinger for the recreation program.  The applications were forwarded to the recreation committee for review.

Based on a nomination from Supervisor Chiavetta, General Code Publishers announced that the Town Clerk, Jamie Nolan was placed on the Honor Roll for 2002.  Supervisor Chiavetta presented a certificate to Jamie Nolan.

A letter was received from the State of New York regarding modifications that could be expected to be adopted in July of 2002.  This letter was filed.

A request was made from the Town of North Collins for support of the celebration for the upcoming Sesquicentennial was announced and filed.

Memorial Day Services were announced and will be held on Monday, May 27, 2002 at 9:30 a.m. from Memorial Park, a parade at 10:30 p.m. in Farnham followed by services.  The rain location will be the Brant Fire Hall.

A request was received from the Town Account to make budget modifications as submitted.  Councilwoman Bowman made a motion to authorize this request, which was seconded by Councilman Czyz, and a roll call vote taken.

ROLL CALL VOTE:

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

5 Ayes, No Nays.  RESOLUTION ADOPTED.

Supervisor Chiavetta stated that Attorney Len Berkowitz, who had been working on the Assessment matter for A. Sam & Son for the Milestrip Road property for an agreement on the assessment of the property.  Mr. Berkowitz recommends settlement by August 13, 2002.  The agreement would lower their assessment to $61,000.00 from $73,300.00 for the 00-01 tax year, and to $75,000.00 from $93,300.00 for the 01-02 tax year and that A. Sam would not protest until 2005 if kept at $75,000.00. 

Attorney Grennell stated that there was some language that he would prefer a clarification on before recommending that the board take any action.

Councilman Czyz made a motion to table the decision on the settlement until clarification could be provided, motion seconded by Councilwoman Bowman.  TABELED.

Erie County Department of Senior Services sent an announcement of the Grand Opening for their Resource Center, which was filed.

Lake Shore Community Education, sent information for their recreation program, which was announced and filed.

A motion was made by Councilman Rubeck and seconded by Councilman Czyz that General Town Wide Warrant 2002 #5, Vouchers 119-159, totaling $19,221.28, General Town Wide Payroll 2002, Warrant #5, Vouchers 11-14, totaling $29,022.74, General Part Town Warrant 2002 #5, Vouchers 15-17, totaling $6,824.20. Highway Fund Payroll 2002, Warrant #5, Vouchers 7-9, totaling $9,838.03, Highway Town Wide 2002 #5, Vouchers 37-46, totaling $2,066.43, Highway Part Town Warrant #5, Vouchers 2-6, totaling $1,481.31, Street Lighting Fund 2002, Warrant #5, Voucher 4, totaling $1,635.08.  Lotus Bay Sewer Dist 2002 Warrant #5, Voucher 6, totaling $423.95, Brant Farnham Sewer District Warrant #5, Voucher 2, totaling $4,400.00 and Capital Projects Fund, Warrant #5, Vouchers 2-3, totaling $146,470.98 be presented for payment.  MOTION CARRIED.

A motion was made by Councilwoman Bowman, seconded by Councilman Czyz to adjourn the meeting at 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:                                                                           

May 14 Town Board Minutes