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| July 11, 2000 Minutes |
September 5, 2000 Minutes | November 14, 2000 Minutes |
| August 8, 2000 Minutes |
October 10, 2000 Minutes | December 12, 2000 Minutes |
Minutes of the Regular Meeting of the Brant Town Board held on July 11, 2000 at 8:00 p.m. and a Public Hearing on the Special Use Pennit for a Nextel Tower at 8:15 p.m. at the Brant Town Hall, Brant New York.
PRESENT:
Samuel J. Chiavetta, Jr.-Supervisor
Dennis Rubeck-Councilman
Ellen Bowman-Councilwoman
Leah Mirusso-Councilwoman
Marty Rosiek-Councilman
John Grennell-Attorney
ALSO PRESENT:
Amy Lewis
Felice Krycia
Diane Czyz
Maggie White
Peter F. Gugino
Ed & Dolly Dion
Donna Valentine
Jim Shea
Bill Dispence
Phil Pericak
Joyce Ellis
Michael F. Barone
Jim Brophy
John LeVae
Art & Linda Crouse
Ron MePeek
John Previty
The meeting was opened with the Pledge to the Flag.
A Motion was made by Councilwoman Mirusso and seconded by Councilman
Rosiek to accept the Minutes of the regular meeting held on June 13, 2000.
MOTIONCARRIED.
A Motion was made by Councilman Rosiek and seconded by Councilman Rubeck
to accept the Code Enforcement Officers Report as submitted for the month of June.
MOTION CARRIED.
Councilman Rosiek questioned the progress of the Pratt (Pete's Cores) for compliance. Donna stated that she had sent a Certified Letter of intent to not renew the Special Use Permit but that Mr. Pratt had not yet signed to pick it up. Supervisor Chiavetta suggested that maybe the Chief of Police could serve the notice on Mr. Pratt.
A Motion was made by Councilwoman Mirusso and seconded by Councilman
Rubeck to accept the Dog Control Officers Report for June as submitted.
MOTION CARRIED.
A Motion was made by Councilman Rubeck and seconded by Councilrnan Rosiek
to accept the Police Chief's Report for June as submitted.
MOTION CARRIED.
The minutes of the Planning Board were presented and Supervisor Chiavetta
suggested that the Planning Board call the Town Clerk to make sure that each member
received the pages for the updates on the CodeBook. A Motion was made by Councilman
Rosiek and seconded by Councilwoman Mirusso to accept the minutes of the Planning
Board.
MOTION CARRIED.
A letter was received from the Village of Farnham regarding the use of the hydrants for filling swimming pools. Jim Shea stated that the Ad-Hoc committee feels that this may in violation or theft of services to allow the Fire Department continue this practice and that the board should go along with the Village recommendation to only allow use of the hydrants for Fire Protection. Supervisor Chiavetta stated that it would be unreasonable to expect only one person to continually have to open hydrants for Fire Department Use. Mr. Shea stated that this one person should not have to open the hydrants for 8-12 persons who may not even be on the water district or not to know how much water is taken.
Supervisor Chiavetta stated that records are being kept of the water taken from the District and will be reimbursed. Mr. Shea asked where would the money go. Supervisor Chiavetta stated that monies would go back to the Water District. The Fire Department pays the Water District for the water taken and gets additional money from residents as donation for filling the pools. Supervisor Chiavetta stated they are paying the commercial rate not the rate that the residents are being charged. Mr. Shea stated that it was on the recommendation of the Ad-Hoc committee that they go along with Mayor Caber for Fire use only. Supervisor Chiavetta proposed that differences of opinion be settled by two members each of the Village and Town Boards.
The recreation program has 110 children attending the recreation staff needed one
more counselor for the program. A motion was made by Councilman Rosiek and seconded
by Councilwoman Bowman to hire the Counselors as selected.
MOTION CARRIED.
A letter was received by the Recreation Directors requesting use of the
Community Building for the younger children as the Rec Building has only a capacity of
100 and due to the high enrollment they suggested the younger children be allowed to use
the Community Building. A conflict may occur with the senior Meeting on the first
Wednesday of August and it was suggested that maybe a field trip be scheduled for that
day. Councilwoman Mirusso made a motion to allow the use of the Community Building
for the recreation program except for the 1st Wednesday of August, which was seconded
by Councilwoman Bowman.
MOTION CARRIED.
At 8:15 p.m. the Town Clerk read the notice for the Public Hearing as published in the Hamburg Sun on June 19th 2000 to open the Public Hearing for the Nextel Tower.
A sign up sheet was passed for the Public Hearing opening comments were made by Jerry Brophy of Nextel Partners Inc. Mr. Brophy gave an overview of the project which consists of erecting a 190' Communications Tower on land owned by Peter Gugino approximately 600 feet east from Hardpan Rd. The tower would be used to service the public traveling on the I-90 and traffic in and around the Town of Brant. Mr. Brophy stated that from Brant-Angola Rd. you would not be able to see the base facility but only the tower. He stated that there would be no changes to any vegetation in the area. The building itself would only be 10' X 20' and would be visually attractive. The area would be fenced for protection. He stated the need for the tower was done by propagation studies which consists of computer generated software which shows how specific towers can close coverage gap areas for there wireless phones. Their studies show two gaps on the I-90 one to the north of Brant and one to south. This is why they selected this location. He stated that Nextel has antennas in Angola and in Silver Creek. The tower in Brant would cover the gap. He stated that other locations were considered but would not cover the gaps in coverage as shown of the studies he presented. The Town Dump property was considered however they would need to make a higher tower which would cause interference. He also stated that environmental concerns would also need to be addressed. He submitted an Analysis of property values prepared by Wicker Appraisal Associates, which stated there would be 110 negative impact on property values.
John LeVae, Attorney for Nextel Partners wanted to clarify issues. He stated that Nextel had been through the process by submitting the Special Use Application with the Town Clerk and meeting with the Planning Board and the Planning Board has recommended disapproval of this Application. He stated that the Planning Board's disapproval was not based on the Zoning Laws of the Town of Brant, he stated that the Zoning Code spells Out three pre-requisites for the issuance of a Special Use Permit. If an applicant complies with the requirements than state law reads that the Town must grant the Special Use Permit. The first being is that a Public Utility is allowed to be granted a Special use Permit and that Cellular Service is a public utility and that the proposed location is the best location for that utility. The propagation studies prove that the Gugino location is the best location for this utility. He stated that the next requirement is the Operation of the Utility be safe for the public health and safety. He stated that it was clear that the location was so far back from the road and properly fenced that it did not pose a threat to Public Safety. The final requirement is whether or not it would cause a substantial impact on the values of public property. The Appraisal's submitted showed no negative impact to property values. He stated that the Board could not deny the Special Use Permit based solely on one neighbor's dislike of the project, who happens to be on the Planning Board.
Supervisor Chiavetta asked if the planning board was incorrect in disapproving it, if having a Town hold a Public Hearing is the right process that maybe appealing to Supreme Court would be a better answer. John LeVae stated that there should be very little weight placed on the planning boards' recommendation because it is based on improper basis. If Nextel had not complied with all the tests he could see the weight being placed on the Planning Boards recommendation.
Attorney, Michael Barone representing Peter Gugino stated that he is also Town Attorney for the Town of Concord. He stated that due to the elevation, Concord is a popular Town for the Cellular Towers and suggested that the Town might adopt a Telecommunications Law to help with such applications. However he stated that he feels that Nextel has provided the Town Board with the proper documentation to allow the tower and he suggested that the Town not follow the Planning Boards recommendation on this matter.
Mr. Mogavero asked what took precedence, being a member of the Town of Board or being a member of the Planning Board? And stated that members of the Town of Brant who are also on the Planning Board should be able to vote as they felt.
Mr. Pericak stated that he did not want tp look at a tower from his house and that this would be the 5th tower in the Town. He also did not feel that cellular phone service constituted a public utility, as not everyone owns a cell phone. He suggested that Nextel look further at the dumpsite as it will service the users on the Thruway not the Town.
Supervisor Chiavetta stated that there could still be voids in coverage even after the tower is erected by a possible error in the propagation studies. And that maybe looking at the dumpsite by using a higher tower. His conversation with Erie County Planning was that the 60' east of the gas transmission line was not used as a landfill.
Mr. LaVae stated that Nextel would be willing to look at that site, If there is some area that does not have environmental concerns. However he could not see any significance difference to the town between locations.
Jim Shea stated that the key word in the presentation is proprietary software and that just means that businesses choose which software that they use whether it be good, very good or poor it was just designed for that use. He also stated that meteorologist have reported various errors in the propriety software that they use and he would not be persuaded by the word proprietary software. He asked if the software was so good how come it couldn't predict the holes when they placed the towers in close proximity such as Hamburg & Silver Creek.
A discussion followed on the previous tower set up and the process of filling gaps with additional towers.
Councilman Bowman stated that she would like to see the initial research on the placement of the towers and how it decided to fill gaps. Mr. Brophy stated that a research team was in charge of this and that he would have to contact them.
Councilman Rosiek had a question regarding FAA lighting. Mr. Brophy stated that he had submitted the application on May 25th and has not heard from the FAA. Supervisor Chiavetta stated that Erie County suggested a white strobe during day and red at night, but he thought it may effect towers over 200 feet. Different opinions were given as to the light set up. Councilman Rosiek also asked about the glide path from Angola and if the tower would present a problem. Again Mr. Brophy stated that this was checked and it was not in the flight path.
Supervisor Chiavetta stated that the Town Board has 60 days from today to make
a formal decision and they were not certain if that would be at the next board meeting or a
special meeting. A motion was made by Councilwoman Bowman and seconded by
Councilman Rubeck to close the Public Hearing.
MOTION CARRIED.
John Previty spoke up that he is interested in purchasing the old Ehmke auto property and would like to open a used car lot at that site. He stated that the Planning Board has akeady listened to his plans. Supervisor Chiavetta stated that he must fill out the Special Use Permit application and go from there.
Supervisor Chiavetta acknowledged receiving a Thank You plague from Rural Transit at the June 23, 2000 picnic.
The Supervisor announced that the Census bureau would be re-canvassing the area due to the different postal codes and that anyone not counted in the re-canvassing should contact the Town Clerk's office for the proper telephone number. No results have been forwarded to the Town as of yet.
Three properties on Southwestern Blvd. have been being charged sewer tax since the "proposed" sewer was introduced. As the actual construction of the sewer did not go as proposed, these three properties were never removed from the "Brant-Farnham" district. It was suggested that these properties be removed from the district and the tax removed, totaling about $82.00 per year. A motion was made by Councilwoman Mirusso and seconded by Councilman Rubeck to adopt a resolution to remove these properties from the district and have the assessors remove them from the Brant-Farnham sewer tax roll.
ROLL CALL VOTE:
Councilwoman Mirusso - Aye
Councilman Rubeck - Aye
Councilwoman Bowman - Aye
Councilman Rosiek - Aye
Supervisor Cluavetta - Aye
5 Ayes, No Nays.
RESOLUTION CARRIED
Senator Dale Volker notified Supervisor Chiavetta that the Town of Brant has been awarded $9,000 from the 2000/2001 Budget through NYS Dept. of Transportation.
An Annual Report from Community Concern was received and 47 residents of the Town of Brant have been serviced by them and thanking the Town for their help.
Supervisor Chiavetta mentioned the Editorial in the Buffalo News and the Regionalism Giant between Evans, Brant and North Collins.
A letter was received from Joseph Martin, Director of Purchase for Erie County. Which was pursuing participants for a group purchasing for all Towns in Erie County. A good benefit would be for insurance purchasing due to the high cost of insurance was received and filed.
The Supervisors office has been looking into Payroll services and has met with
ADP at an approximate $2,000 year. Accountant looked at and stated that it would be a
good idea for the end of the year reports. Councilman Rubeck made a motion to check
other companies for comparison which was seconded by Councilwoman Bowman.
MOTION CARRIED.
It was mentioned that Robert Gerhard III was present with a proposal for a Solid Waste Management Facility within the Town of Brant. He stated that he would like to present a proposal for property off Cain Rd. but no other studies have been done. He stated that The Town of Brant has a law against Solid Waste Facilities and the Town would have to change the law before they could consider the proposal. It was determined that Mr. Gerhard's attorney will be contacting John Grenell before making a formal presentation.
A letter was received from Bill Houston regarding Route 5 and DOT study switching from four lane, as this was a lengthy letter, it was suggested that board members review it and answer at next Board Meeting.
A Hazardous Waste letter was received regarding pick-up in Concord, NY on July 15, 2000. Councilwoman Mirusso questioned why the letter was received so late as it does not give residents time to plan.
A Thank You letter was received by the Town Clerk from Grace Pugh for the friendly service provided.
Special Use Permits for renewal were received from Art & Linda Crouse, Brant Welding on Southwestern Blvd. Used Car Sales, Southwestern Blvd. And Peter Pratt, Pete's Cores, Southwestern Blvd. Donna Valentine renewed all but the Pete's Cores as he is not yet in compliance.
A motion was made by Councilman Rubeck and seconded by Councilwoman
Mirusso to approve the additional cost of $393.00 for the networking and
upgrade for the Town Clerk's Computer.
MOTION CARRIED.
Volunteers from the Town Board were selected to be on additional Water Committee meetings with the Village of Faniham. Councilman Rosiek and Councilwoman Bowman were selected.
Next Town Board meeting is August 8, 2000.
A Motion was made by Councilwoman Bowman and seconded by Councilman
Rosiek to pay the monthly bills. Auditing Committee made a note that one voucher was
disallowed and so reflected on the abstract.
MOTION CARRIED.
A Motion was made by Councilwoman Bowman and seconded by Councilman
Rubeck to adjourn the meeting at 9:25 p.m.
MOTION CARRIED.
Respectfully Submitted
Jamie S. Nolan, Town Clerk
APPROVED BY: Minutes of the Regular Meeting of the Brant Town Board held on August 8, 2000 at 8:00
p.m. at the Brant Town Hall, Brant, New York.
PRESENT:
Samuel J. Chiavetta, Jr. - Supervisor ALSO PRESENT:
Felice Krycia The meeting was opened with the Pledge to the Flag.
A Motion was made by Councilwoman Bowman and seconded by Councilwoman
Mirusso to accept the Minutes of the regular meeting and the Public Hearing (Nextel
Special Use) held on July 11, 2000. Supervisor Chiavetta stated that due to the large number in attendance that he
would briefly address the "Proposed Lanfill" which he felt the majority where in
attendance due to opposition. He mentioned that at the last meeting the town board
received a proposal from an individual to start a solid waste facility. Currently Town Law
prohibited a landfill or solid waste facility anywhere in the Town of Brant. He stated that a
committee would be formed to evaluate the proposal and that on the committee it would
be the Town Attorney, Town Engineer, and A member of the planning board, a member of
the Town Board and a couple members of the community. This is only a fact-finding
committee. Ellen Bowman, Councilwoman had volunteered to be on the committee. A
motion was made by Supervisor Chiavetta to form such a committee, which was seconded
by Councilwoman Bowman. Betty O'Donnell had asked if that was all that was to be said about the landfill and
Supervisor Chiavetta stated that her letter received by the Board was on the agenda and
would be addressed shortly.
A Motion was made by Councilman Rubeck and seconded by Councilman Rosiek
to accept the Supervisors Financial Report for May & June as submitted. A Motion was made by Councilwoman Mirusso and seconded by Councilman
Rubeck to accept the Code Enforcement Officers Report for July as submitted. A Motion was made by Councilman Rosiek and seconded by Councilwoman
Mirusso to accept the Dog Control Officers Report for July as submitted. A Motion was made by Councilwoman Bowman and seconded by Councilman
Rosiek to accept the Police Chief's Report for the month of July as submitted. A Motion was made by Councilman Rosiek and seconded by Councilwoman
Bowman to accept the minutes of the Planning Board for July 25th as submitted. Supervisor Chiavetta stated that he had sent a letter to Erie County Water
Authority and a copy sent to the Village of Farnham, asking Erie County about the
possibilities of lease managing the Brant Water District #1, Erie County had forwarded a
list of criteria which would need to be met and this criteria has been sent to the Engineer's.
Supervisor Chiavetta stated that Board approval would be needed to have the Engineer's
pursue the application. A motion was made by Councilman Rubeck and seconded by
Councilwoman Bowman to grant approval to the Engineers to proceed. Jim Shea brought up that when following up the water hydrant issue which the
Town Board appointed two board members to meet with the Village Trustees. He stated
that he contacted Mayor Caber and John Finster of Erie County Health Department which
both thought that this was futile as nothing was ever settled in the past. It was suggested
by John Finster that Mayor Caber, Supervisor Chiavetta, Richard Gryska, Town
Accountant, John Finster, Erie County Health Dept. and Jim Shea, Chairperson Water Ad-Hoc,
sit down and discuss the Brant Water issues. Supervisor Chiavetta stated that he is
willing to do this. A brief discussion followed regarding the payment to the Village for the
water used to fill the pools by the Brant Fire Dept.
The application of Nextel Partners Inc. for the Special Use permit and a letter from
Attorney Barone representing Peter Gugino was reviewed. Supervisor Chiavetta stated
that the Board had 60 days to act upon the application from the date of the Public Hearing
which was July 11, 2000. He stated that a lot of information was received since the
hearing by Nextel some as recently as this afternoon.
Councilman Rosiek questioned Nextel's possible use of the portion of the Hardpan
Road location which was not used as dump. Mr. Brophy stated that they looked at the
Northeast corner which was not readily used. He stated that Nextel had the Environmental
Experts to look at the parcel and they feel there would still be environmental risks in using
any portion of that property after reviewing the history of the dumps. John LaFave,
attorney for Nextel, stated that anyone using this site could have potential liability in the
clean up of contamination of that site. Contamination is very possible in that area due to
the ground water carrying the contamination past the gas line and into the unused portion
of the dump.
Councilwoman Bowman made a motion to table the decision until the next board
meeting in order to review all the paperwork submitted and any environmental evaluations
have been received by the county. This motion was seconded by Councilwoman Mirusso. Jim Shea made mention that several people had misinterpreted his questions
regarding software to mean that he was against the issuance of the Special Use Permit
application for Nextel. Mr. Shea only wanted to mention the proprietary software package
to give food for thought and not that he was not taking sides on the issuance of the
application.
Attorney Barone representing Peter Gugino spoke to the Town Board regarding
the Nextel tower and reminded them that Section 161-67 creates a time frame to act on
the application, Supervisor Chiavetta stated that the time allotment is 60 days.
A letter was received from John & Betty O'Donnell regarding the Proposed Solid
Waste Facility, which was read by Supervisor Chiavetta in which they expressed concern
and are against ANY landfill in the Town.
Supervisor Chiavetta stated that the Committee was in the process of being
formed and that if any of the residents wanted to be on that committee that they should
volunteer and a sign up sheet was passed around.
Several of the residents voiced there dislike of the proposed landfill and asked
why did the proposal need to be considered if it was against Town Law. Supervisor
Chiavetta stated that all proposals must be reviewed and that did not mean that the
decision was already made to pass the landfill.
Many residents spoke out of turn against the landfill and Supervisor Chiavetta
stated that no more would be discussed on the subject, that a committee was formed to
review the proposal and that in order to cover the other agenda items that the discussion
on the landfill was over.
Supervisor Chiavetta discussed the need to set up an advisory committee to review
the Town's parks and recreation needs and master plan. This would also include a need to
adopt a resolution to authorize the Supervisor to file an application fbr flinds from the
New York State Office of Parks for possible grant monies. Cowicilwoman Bowman made
a motion to adopt a resolution to set up the advisory committee and to adopt a second
resolution to authorize the Supervisor to file an application for funds of grant money. The
motion was seconded by Councilwoman Mirusso.
ROLL CALL VOTE:
Councilwoman Bowman - Aye 5 Ayes, No Nays
RESOLUTIONS ADOPTED
Councilwoman Bowman made a motion which was seconded by Councilman
Rubeck to pass a resolution to approve the budget modifications as presented by the
Town Accountant
ROLL CALL VOTE:
Councilwoman Bowman - Aye 5 Ayes, No Nays
RESOLUTIONS ADOPTED
A letter was received from Chet Jandzinski of Erie County Dept. of Environment
& Planning thanking the town for hosting the agricultural tour on June 26th. Supervisor
Chiavetta also spoke of the Public Hearing for the Ag District which will be held on
August 28th at 7:30 p.m. at the Brant Town Hall.
A letter was received from David Kelly who was asking for support from the
Town of Brant from the National League of Families by sponsoring a resolution for the
display of the POW/MIA Flag within the Town of Brant. A sample resolution which had
been approved by the Town of Amherst and the Town of Lancaster was read by
Supervisor Chiavetta. A motion was made by Councilman Rosiek and seconded by
Councilman Rubeck to pass a resolution to display the POW/MIA Flag at the Brant Town
Hall in an appropriate fashion.
ROLL CALL VOTE:
Councilwoman Bowman - Aye 5 Ayes, No Nays
RESOLUTIONS ADOPTED
Attorney John Grennell sent a letter to Supervisor Chiavetta and the Town Board
notifying them that the parties handling our bond files had joined the New York bond firm
of Orrick Herrington & Sutcliffe. Attorney Grennell forwarded a copy of that notice to the
Board and made a suggestion that the Town Board pass a resolution to transfer existing
Town of Brant files to the new firm. A motion was made by Councilwoman Bowman and
seconded by Councilwoman Mirusso to pass a resolution to transfer the existing bond files
at the recommendation of the Town Attorney to the firm of Orrick Herrington & Sutcliffe
ROLL CALL VOTE:
Councilwoman Bowman - Aye 5 Ayes, No Nays
RESOLUTIONS ADOPTED
A request for proposals was received from E&M Engineers to do plans for the rest
rooms also for the pipes, filters & pumps at the pool which Community Block Grant
Funding has been received. A motion was made by Councilman Rubeck and seconded by
Councilman Rosiek to authorize Supervisor Chiavetta to allow E&M Engineers to prepare
the plans for each. Supervisor Chiavetta stated that Public Benefit Funding was available from Erie
County to allow Towns to request funding for various projects. He had obtained an
application and some reports need to be prepared by the Town Accountant. He was
uncertain as to where to use the funding. He suggested maybe using the monies for the
part of pool repairs to allow the Community Block Grant monies to be of better benefit. A
motion was made by Councilwoman Mirusso and seconded by Councilman Rosiek to
authorize Supervisor Chiavetta to pursue Public Benefit Funding from Erie County. A letter was received and filed from South Park Enterprises stating that they have
been in the disposal business since 1977 and have read about the Landfill proposal.
A letter from Dave Mascio head of Lakeshore Football was received asking
permission to put lights up on the practice field and use the park for the 2000 season. A
motion was made by Councilman Rosiek and seconded by Councilman Rubeck to allow
the lights to be put up and to allow use of the park with Leah and Dennis is to work with
the league as liaisons. A request was made from the Court Clerk's and Supervisor Secretary asking that a
security alarm button, for safety purposes, be installed within their offices for times when
they may be working alone. A motion was made by Councilman Rosiek and seconded by
Councilwoman Bowman to authorize alarm buttons installed to each office. Supervisor Chiavetta announced that the next issue of the Town Newsletter is
scheduled for September 1st and that submissions are needed for the publication.
A letter from the Town of Aurora was received and filed Concerning a suggestion
they had made to Joel Giambra asking that the monies received by Erie County from the
Tobacco Settlement money be distributed to each town, city or village in Erie County to
use at their own discretion.
The State of New York Real Property Services has notified the Town that the
Tentative Equalization rate for the Town of Brant will be 80.46% for the 2000
assessment roll.
The Town Clerk presented a proposal to set up a Website for the Town of Brant
free to the Town. Town Clerk to set up. A Motion was made by Councilman Rosiek and
seconded by Councilwoman Mirusso to allow set up of Website. A notice was received and filed regarding the merging of Bell Atlantic and GTE
phone services.
Minutes of the N.E.S.T. meeting held on May 11, 2000 was reviewed and filed.
Information on the Mobile Home Repair Program offered by the County was
reviewed and filed with brochures placed on the bulletin board with the Town Clerk for
public use.
A letter from Michael Cuviello sent to the Attorney General was received
regarding a complaint on the Village of Farnham. Letter was dismissed as it only pertained
to the Village.
The Town Board received a copy of the letter which E&M Engineers sent to
MarWal Construction regarding follow up on a Brant Water District item which needed to
be repaired.
A letter from Attorney Gibson, McAskill & Crosby was received notifying the
Town that a lawsuit regarding accident of 02/12/99 had been discontinued on the Town
of Brant as it is a County maintained road.
A letter was received and filed from NYS Retirement Systems regarding Current
Legislation.
A letter regarding the update of Census 2000 was received and filed.
Letters to Chiavetta's Greenhouse and Mr. & Mrs. Fitzpatrick from the Town of
Evans was copied to the Town of Brant appreciation on the Brant-Evans Ag District
Tour.
A letter from Congressman Quinn's office regarding the Outreach Program was
received and posted.
A letter was received from Niagara Mohawk regarding changes in Street Lighting
Changes was received and filed.
A meeting notice on Erie County Governments was announced. The meeting will
be held on Thursday, August 24th at 6:00 p.m. at the American Legion, Eden, NY.
Information was presented on Governor Pataki's Waterfront Rediscovery Award
Program was received and filed.
A request for the Town to supply funds of $1,277.64 for food costs was received
from the Meals on Wheel's program for the year 2001. This request was to be put in the
proposed budget file for 2001 for further review.
The Association of Towns sent a letter on the cost of dues for 2001 which would
be $700. This information will also be placed in the budget proposal file for review.
A letter was received at the July meeting from Bill Houston regarding DOT's
proposal to reduce to two lanes on Route 5 in the Wanakah area. A motion was made by
Councilnian Rosiek and seconded by Councilwoman Mirusso to support Mr. Houston in
keeping it a four lauc highway. A letter was received from children in Group 1 of the recreation Program thanking the
Town Board for the use of the Community Building and several cards were forwarded to the Board.
Supervisor Chiavetta stated that in the July 31st issue of Business First Magazine, the
Town of Brant was ranked the 11th safest to live in Western New York out of 65 Towns listed.
A motion was made by Councilman Rubeck seconded by Councilwoman Bowman to pay
the mouthly bills. A motion was made by Councilwoman Mirusso and seconded by Councilwoman Bowman
to adjourn the meeting at 8:55 p.m. Respectfully Submitted APPROVED BY: Minutes of the Regular Meeting of the Brant Town Board held on September 5th, 2000
at the Brant Town Hall, Brant, New York at 8:00 P.M.
There were present:
Samuel J. Chiavetta, Supervisor ALSO PRESENT:
James Hy, Assessor The meeting was opened with a pledge to the Flag lead by Gina Considine.
A motion was made by Councilwoman Bowman and seconded by Councilwoman Mirusso to
approve the minutes of the regular meeting held on August 8th as submitted by the Town Clerk.
A motion was made by Councilman Rosiek and seconded by Councilman Rubeck to accept the
Supervisors Financial Report for the month of July as submitted. A motion was made by Councilwoman Mirusso and seconded by Councilman Rosiek to accept the
Code Enforcement Officers Report for the month of August as submitted. A motion was made by Councilman Rubeck and seconded by Councilwoman Bowman to accept the
Dog Control Officers report as submitted for the month of August.
A motion was made by Cuui~cilwoman Mirusso and seconded by Councilman Rubeck to accept
the Police Chief's report for the month of August as submitted.
No meeting minutes were submitted from the Planning Board as there was no meeting held.
Supervisor Chiavetta stated that a letter was sent to the Village of Farnham from E & M
Engineers regarding information needed regarding the Brant Water District #1 to help in the
decision to lease management or take over the Water Distriet. Councilwoman Bowman read the
letter as sent.
Councilman Rosiek made a motion to move the first two of new business on the agenda
ahead of the Acknowledgement of Visitors so that visitors would have a chance to comment
on any official board action. This motion was seconded by Councilwoman Bowman.
MOTION CARRIED.
Councilman Rosiek proposed a resolution to preserve the Garbage, Rubbish & Refuse law as
currently on the Town of Brant's local law, Chapter 98. He read the resolution which he
proposed. Councilwoman Bowman seconded the motion and also read a proposed resolution
which she prepared on also upholding the Chapter 98 law within the Town of Brant.
A roll call vote was taken on each proposed resolution.
ROLL CALL VOTE:
Councilman Rosiek - Aye 5 Ayes, No Nays. RESOLUTION ADOPTED.
Councilman Rosiek seconded Ellen Bowman's motion to adopt the resolution which was
presented and a roll call vote followed.
ROLL CALL VOTE:
Councilwoman Bowman - Aye 5 Ayes, No Nays. RESOLUTION ADOPTED.
Supervisor Chiavetta stated that he had received a letter from Betty O'Donnell asking
about procedures on changing of a town law or ordinance and whether a referendum is
necessary when changing the ordinances. This letter was forwarded to Attorney Grennell
who responded to Mrs. O'Donnell's letter and read this reply. He stated that due to the
Board adopting the resolutions to uphold the current Garbage Law that this would not be
necessary.
Councilwoman Bowman made a motion to disband the Committee previously formed to investigate
the Landfill Proposal as it would no longer be necessary due to the adopted resolutions just
presented. Councilwoman Mirusso seconded the motion. All were in favor and the MOTION CARRIED.
Betty O'Donnell asked that Attorney Grennell still explain the procedure for changing the
current Town Law relevant to the Chapter 98 law. Attorney Grennell explained that changing
of the local law is based on Board action after a public hearing is held. Referendums do not
occur usually unless it changes duties of the Town Board or other officials. Other local
laws are changed after a majority resolution vote after a Public Hearing.
Councilman Rosiek stated that Town Boards can change every few years and although this
Board is anti-landfill another Board may be able to change the laws in the future. His
emphasis is to put the planning first and updating a Master Plan. 1971 was the last Master
Plan and it needs to be updated. Farmland Preservation also needs to be part of the Master
Plan. The money to update the Master Plan is available but the Town will probably not see
it until middle of next year. After it is updated it should be used as a guideline for
future Town Boards.
Betty O'Donnell of 10062 Hammond Rd., stated that she was grateful for tonight's Board
decision and offered her help with husband John to be included to work on the Master Plan
when the time comes. She stated that it very important that the residents protect themselves,
their Town and their future by helping design the Master Plan and Planning/Zoning ordinances
to prevent this from happening again.
Councilman Rosiek stated that Grant monies are available and workgroups are currcntly
taking place. The Master Plan information may be available in December and could be in the
Town Newsletter.
Becky Weppner of 10155 Hammond Rd, asked Attorney Grennell to explain how they are
notified of Public Hearings.
Attorney Grennell stated that the Sun is an official paper designated by the Town Board
along with the Dunkirk Observer and the Buffalo News. At a bare minimum it would have to be
place in the Sun as a paid circulatory newspaper.
Joe Catalano who has a North Collins address stated that the residents on his end don't
get notices of any meetings or happenings in the Town of Brant. Mr. Catalano stated that he
was unaware of the meeting until this date.
Supervisor Chiavetta stated that with the Town having five different postal providers that
people get notices at different dates.
Clerk, Jamie Nolan stated that with the Newsletter mailing it has to go through the Brant
Post Office as that is where the town has the postal permit for the bulk rate postage.
The Brant postal customers get them the day of mailing and Farnham usually the day after
with the other Angola, Irving & North Collins it can take 3-5 days for the Post Offices
to get them plus the time of delivery to the residents. With the September issue, there was
also the Labor Day holiday involved in slowing the mail.
Anne Gardyjan who owns property at the corner of Route 5 and Cain Road, stated that
some Town Boards are able to have laws only be changed were it is voted upon as a referendum
and questioned if this Town Board could do the same thing. She stated that they are interested
in building but are hesitant to do so If this could keep recurring.
Attorney Grennell stated that to make a law of such nature would only cause other problems
by binding a future Board. He stated that he was not certain of all the legalities of a law
of this nature and would look into it for the next meeting. He asked Mrs. Gardyjan to provide
additional information if she has some to provide a starting point for investigation of this
matter.
Carl Hageman of Cain Rd. stated that he was under the impression that the landfill stuff
was dead as it is currently unlawful in the Town of Brant. Then the Board suggested that the
proposal could be looked into even though it is against Brant Law. With a change of Board in
two or more years it could happen again. He stated that there should be a way to put it to
sleep for good now.
Councilman Rosiek stated that you can not legally bind a Town Board and even if you passed
a law stating that it would require a referendum to change the law, that the next Town Board
could indeed have a referendum and still repeal the current law.
Mary Nowicki of Cain Road was in agreement with Mrs. Gardyjan and Mr. Hageman as she is
understanding that the people who received offers to purchase the property have the option
of buying the property for a period of four years. She stated that she has plans to remodel
her home putting on a sunroom and a greenhouse, and if two years from now there is again
discussion of a landfill her investment would be lost. She asked what the residents are to
do to protect themselves. She also questioned the land that is currently for sale.
If someone buys the land and is not aware of a proposed dump she feels that it isn't right to
put people into this position. She stated that Brant is a beautiful town and full of wildlife.
She would like the Town to find a way to stop this from hanging over everyone's head for the
next four years.
Councilman Rosiek stated that he did not mean to make it sound that in two years that the
Town Board would reconsider this proposal. He just meant that the voters must be aware of who
is running for office and what they stand for. That is why he is starting with the Planning
and Master Plan.
Carole Hageman asked what the hold up is with the Master Plan. She also asked what is
going to happen with the Master Plan if Councilman Rosiek does not get re-elected if running
next election.
Councilman Rosiek stated that he did plan on running next election and would follow through
with the Master Plan in or out of office
Councilwoman Bowman asked Attorney Grennell to investigate the options to address the
issue, and possible Permissive Referendum or Mandatory Referendum requirements.
Mr. Hageman stated that if it happens in the future, that the people should be made aware
of the people and companies presenting the proposal before the Town Board can look at the
proposal. He wanted to know how it got this far.
Attorney Grennell stated that any prudent Town Board would look into the incentives. By
the majority of the public being against the Landfill this was showing the democracy in
action.
John O'Donnell of Hammond Road asked Mr. Grennell to find a way to keep the No Landfill
Law for the next 200 years.
Joanne Ohnmeiss asked how come some people had complete copies of the Proposal with aerial
photo's and such and none of the residents had seen these proposals.
Councilwoman Bowman stated that when the committee was established that she had sent the
copies to the Coinmittee people and extras for anyone who wanted one for review and was left
at the Town Clerk's Office.
Carl Hageman asked that a copy be sent to him. Joanne Ohnmeiss also asked for a copy to be
sent.
Mark Shelter stated that there is enough garbage laying around the creeks. Most of the
creeks could be a tremendous fishing area from Brant to Point Breeze.
Alice Escott from the Town Crier asked that each person write to the proper channels
of government to allow non-paid subscription papers to be eligible to become an officially
designated paper so that no charges be placed on the residents allowing everyone to get news
of the Town.
Kristina Hirsch of Lotus Bay asked if anyone has told Nextel that people do not want
another Tower in the Town of Brant.
Supervisor Chiavetta stated the Nextel application was coming up next on the agenda and
would be discussed in more detail.
Frank Mogavero stated that he worked on the 1971 Master Plan and he just wanted everyone
to know that it is a lengthy project and would not be completed overnight.
Supervisor Chiavetta stated the next action was the Nextel Special Use Permit. He stated
that Nextel had submitted an application for tower and had met with the Planning Board who
recommended not permitting the Use Permit and a Public Hearing was held in August and allowed
Nextel to make any final comments before the Board acted upon the application tonight.
Jerry Brophy from Nextel Partners gave an overview of the application. He supplied the
Board with all the additional information which was requested since the last meeting.
He discussed the relevant points of the application. As some of the studies where not clear
in the photocopies, he reviewed the studies in color.
Lengthy discussions was held as many residents asked various questions of the Nextel
representatives, which had been previously discussed by the Town Board at prior meetings and
the Public Hearing.
Mr. Brophy stated that Nextel Partners had looked into each parcels which the Town had
asked of them and that the property they have chosen is the best suitable for the operation
to close the gaps in coverage for their system. He stated that all the studies had been
supplied to the Town Board and that the attorney representing Nextel, John LeFave had also
sent letters supporting the application due to the Telecommunications Law. Also supplied was
a summary prepared by Dr. Frank Sciremammano regarding any environmental issues at the Town of
Brant site.
Supervisor Chiavetta questioned the appraisals submitted on the impact of values if the
Tower could not be seen by 91% of the properties.
Mr. LeFave stated that the appraisal was included as most property owners only think that
the property is effected because of the location being 1000 feet to the property, even though
it can not be seen from the property.
Councilman Rosiek stated that Brant is a flat town, and people further away from the tower
would have a better view than the people near the site where the view is hindered by the trees
surrounding the tower.
Mr. LeFave stated he was talking about economic impact not visual impact.
Councilwoman Bowman stated that back in the August meeting Mr. Brophy stated that there
are other areas that would be acceptable for the tower. She questioned what were the other
suitable locations.
Mr. Brophy stated that from exit 57A to Hardpan Road was within the circle.
Councilman Rosiek questioned the Balloon test as he could see the balloon from his tractor
in the field but the pictures in the testing documentation showed no balloon from his
driveway.
Mr. Brophy stated that a impartial firm was contracted to do the balloon testing, that
they had no vested interest in the project.
Supervisor Chiavetta questioned the contact of the neighbors to the north of the proposed
site. He reviewed the property list Mr. Brophy contacted and found some discrepancy between
the people contacted and property owners with acreage.
Mr. Brophy stated that all farmers with greater than 5 acres were approached.
More lengthy discussions were held between Mr. Brophy, Mr. LeFave and the residents
questioning the application.
Councilman Rosiek attempted to explain the Telecommunications Law passed by Congress in
1992 stating that Town Boards must allow Special Use Permits to Cell Towers as long as the
Communications Company works with the Town Board.
Mr. LeFave stated that all this has been done, co-location, looking at other sites;
lighting, etc. He stated that all sites have been looked at and that this is the best site to
cover the areas. He introduced Dr. Sciremammano to explain the Environmental Impact of the
old dump site.
Dr. Sciremammano gave his report as to DEC and testing that has been done at the Park
property still having contamination seepage even the portion not used as the dump site.
He stated that he was hired by Nextel to evaluate the environmental conditions. He stated that
there is a federal law (Superfiind) protecting people who attempt to use prior dump sites for
other purposes. In 1979 the dump was operational, the town closed the landfill in 1991.
Inspections indicated seepage into the land and groundwater in thai area. EPA conducted
limited sampling in 1988 and found contamination.
Councilwoman Mirusso questioned if the testing was done on both sides of the street.
Dr. Sciremammano stated that he did not do any testing. As EPA conducted the sampling and no
clean up has taken place, the contamination is still there. If Nextel uses the property,
they would be liable for the clean up and liability.
More lengthy discussion took place.
Residents asked if the Town Board has to issue the Special Use. Councilman Rosiek stated
no, but it would create a lawsuit in which the Town would be spending tax payers money.
Attorney Michael Barone representing Mr. Peter Gugino stated that the best site appears
to be Mr. Gugino's lot. He stated that if the Town Board denied the permit use that there
would be a lawsuit on behalf of his client, Mr. Gugino.
John Arrigo stated that he doesn't think that the Town Board should be competing with a
private citizen of the Town for the income of the lease.
Councilman Rubeck stated that they were not competing with Mr. Gugino but that they would
like to see a Cell Tower benefit all citizens if possible, by using Town property
Mr. Mogavero read a section of the Town of Brant Code book which "unless the Special use
permit is necessary for the public at that location." He stated that using it 5 miles down
the thruway is not this location.
Councilman Rosiek stated that it was to Mr. Gugino's benefit. He does not care for Cell
Towers however he also is a cellular phone user. He does not to see another cell tower in
the Town but he feels that it is the Town's best interest to grant the Special Use Permit to
avoid possible lawsuit and costing taxpayers money.
Councilman Rosiek made a motion to approve the Special Use Permit with the conditions that
they obtain a 1/2 million dollar demolition bond, the power of a one year (annual) review to
the Planning Board and that they have final say on co-location.
Councilwoman Bowman stated to add lighting per the Erie County Sheriff's request for the
operation of Mercy Flight.
Councilman Rosiek added this request to the motion made. Councilman Rubeck seconded the
motion.
Attorney John LeFave interjected asking that the board do a SEQR review. He stated that
the SEQR form to the Planning Board however they where not the lead agency for the approval,
that another would have to be obtained.
James Hy asked whey Mr. LeFave was bringing this up now. He stated that this should have
been brought up while looking into the other options. if the Board gets one now, the
application would go beyond the 60 days and Nextel would not be bound to the stipulations
Councilman Rosiek was trying to approve.
Mr. LeFave stated that there was no benefit to Nextel on the SEQR review, that it is for
the Town Benefit.
Councilman Rosiek stated that Mr. Hy is right, if they wait for the SEQR review the
application automatically passes and there would be no contingency on the application.
He made a motion to approve with the stipulations set previously with a negative SEQR review.
Councilman Rubeck seconded the motion and a roll call Vote was taken.
Attorney John LeFave questioned the 1/2 million dollars removal bond, stating that the
bond request was higher than the cost of the tower. Councilman Rosiek questioned the value
of vandalism done at other Town's and stated that if they want the tower bad enough, they
could provide the 1/2 million dollar bond. He added that the planning board can review this
at the annual review if they feel it is out of line.
ROLL CALL VOTE:
Councilman Rosiek - Aye 3 Ayes, 2 Nays. RESOLUTION ADOPTED
Councilwoman Bowman made a motion to adopt a resolution to authorize hiring a temporary
Certified Data Collector for the Assessors office for the completion of the reevaluation
process. Councilman Rosiek seconded this motion.
ROLL CALL VOTE:
Councilwoman Bowman - Aye 5 Ayes, No Nays. RESOLTUION ADOPTED.
As suggested by Erie County Councilwoman Bowman made a motion to adopt a resolution
to change the date of Grievance Day from the 1st Tuesday of July to the lst Tuesday of June
due to the Fourth of July Holiday. This motion was seconded by Councilman Rubeck.
ROLL CALL VOTE:
Councilwoman Bowman - Aye 5 Ayes, No Nays. RESOLUTION CARRED.
A request was received from the Cattataugus Volunteer Fire Dept. to use the Baseball
Diamonds on September 22-24th for a Tournament for the Erie County Softball Association
League. Councilwoman Mirusso made a motion to allow such a request as no conflicts exist
which was seconded by Councilman Rosiek. A letter was received from the Town of Marilla Planning Board reqarding ATV's inviting
local police to discuss current ATV laws, which was filed.
A 2000 Stop DWI contract was received by Erie County and Councilwoman Bowman made a motion
to adopt a resolution allowing Supervisor Chiavetta to sign the contract. Councilman Rosiek
seconded the motion.
ROLL CALL VOTE:
Councilwoman Bowman - Aye 5 Ayes, No Nays. RESOLTUION ADOPTED
Supervisor Chiavetta made an announcement to Thank Peter Chiavetta for his efforts that
enabled a four way stop sign to be erected at the corner of Versailles Plank and Cain Rd.
He stated that the Town had contacted several people trying to get protection on that corner
for many years and was told it wasn't necessary.
The Town Accountant submitted a request for budget modifications which Councilman Rosiek
made a motion to adopt a resolution to allow this request. The motion was seconded by
Councilwoman Bowman.
ROLL CALL VOTE:
Councilman Rosiek - Aye 5 Ayes, No Nays. RESOLUTION ADOPTED.
Supervisor Chiavetta stated that the October 23rd - October 27th was School Board
Recognition Week.
Councilwoman Mirusso wade a motion to pay the monthly bills which was seconded by
Councilwoman Bowman. A Motion was made by Councilwoman Mirusso and seconded by Councilwoman Bowman to
Adjourn the meeting at 10:40 p.m. Respectfully Submitted APPROVED BY: Minutes of the Regular Town board meeting at 8:00 p.m. and the Public Hearing to discuss
possible uses of funding from the Federal Community Development Fund Grant, held at 8:15 p.m.
on Tuesday, October 10, 2000 at the Brant Town Hall, Brant, New York
THERE WERE PRESENT:
Supervisor, Samuel J. Chiavetta, Jr. ALSO PRESENT:
Margaret Hageman The regular board meeting was opened with the pledge to the flag led by Maggie White
A motion was made by Councilman Bowman to accept the minutes of the regular meeting held
on September 5th which was seconded by Councilman Rosiek. A Motion was made by Councilwoman Mirusso and seconded by Councilman Rubeck to accept the
Supervisors Financial Report as submitted. A Motion was made by Councilman Rosiek and seconded by Councilwoman Mirusso to accept the
Code Enforcement Officers report for the month of September as submitted. A Motion was made by Councilman Rubeck and seconded by Councilman Rosiek to accept the
Dog Control Officers report for the month of September as submitted. A Motion was made by Councilwoman Mirusso and seconded by Councilman Rubeck to accept the
Police Chiefs report as submitted for the month of September. The Planning Board minutes for October 3rd and 7th were presented and it was questioned
whether the Planning Board could be designated as an authoritative board rather than an
advisory board. Attorney John Grennell was to look into further and report back to the Town
Board as to the legalities. Councilwoman Mirusso made a motion to authorize Attorney Grennell
to look into changing the Planning Boards authority. The motion was seconded by Councilwoman
Bowman. Councilman Rosiek made a motion which was seconded by Councilwoman Bowman to accept the
planning board minutes as submitted. No updates or reports were submitted by the Water District or Ad-Hoc Committee.
Betty O'Donnell of Hammond Road asked if there was going to be an update on making
a stronger Local Law for the banning of a Landfill as their committee submitted four laws
currently in effect in other Towns for reference.
Attorney Grennell stated that he spoke with Mr. Abraham regarding this and his opinion
was that the current law was a workable law. It may need some fine tuning in the future but
he felt that now was not the time to do so. He stated that you can not put the Town Board
under the restrictions of a "Referendum Vote" law.
Mrs. O'Donnell questioned as to how they are different from the current Local Laws now.
She stated that these other laws have stood up in a court of law and they seem to be stronger
than the current Town of Brant Laws.
Attorney Grennell stated that it would be up to the Town Board to decide when stronger
laws would be needed. Attorney Grennell stated that per his conversation with Gary Abraham
that this is not the best timing for the Town of Brant and that he had advised the Board
against doing so at this time.
Mrs. O'Donnell asked that a time be set up to review this and what was the proper
procedure. Attorney Grennell stated that anyone can propose a change just be writing a
letter to one or more of the Town Board Members, however at this time there is a lot of
conjectural factors.
Jerri Brophy of Nextel Partners, Inc. introduced himself and asked that the $500,000
removal or demolition bond be reduced to closer to the estimated cost of to remove such a
tower as currently being built by the estimates submitted.
Councilwoman Bowman made a motion to keep the $500,000 removal bond until the annual
update by the Planning Board took place. Councilman Rosiek asked what the Planning
Boards feeling of this was and if they thought the bond could be lowered. It was discussed
that the tower costs $75,000 to build and $14,000 to remove everything.
The regular meeting was stopped to conduct the Public Hearing at 8:15 p.m.
The Public Hearing opened with Town Clerk, Jamie S. Nolan, reading the Notice of Public
Hearing announcing the possible funding of Federal Community Development funds for the
Town of Brant which was published October 5, 2000 in The Sun.
Supervisor Chiavetta explained some of the projects which the USDA Community Development
Block Grant monies could be used for such as land acquisitions and dispositions public
facilities improvements, parks and recreations, centers for the elderly and handicap,
solid waste facilities, fire protection facilities and equipment, parking and street
improvements, water and sewer improvements, historic preservation, public service, etc.
He stated that one of the biggest projects that the Town of Brant had used funding for
was the pool. Recently were renovations of restrooms in all the Town Buildings, and that
we are currently working to renovate the pool building to be handicap accessible.
He explained that the Public Hearing was to deterinine and prioritize different projects
which the funds could be used for so that studies could be done to assess the need for the
projects and that more than one project could be completed with the funding.
Lee Brunelli of Brant Farnham Rd., Brant and coordinator of the Rural Transit Service in
Brant stated that he would like to see the Town continue with funding for Rural Transit.
Leah Mirusso, Councilwoman stated that she would like to see park renovations and
sidewalks.
Frank Mogavero, of Brant Farnham Rd., Brant stated that he suggested several years ago
to install a sprinkler system at the Town Hall as it is 150 years old and that the wood is
extremely dry and he was concerned not only for safety but also for record preservation.
Betty O'Donnell of 10062 Hammond Road, Brant suggested possible services for Erie County
Going Places Van to cover where Rural Transit doesn't provide service such as Buffalo
for the elderly who may need to get to the Doctors.
A motion was made by Councilwoman Bowman and seconded by Councilman Rubeck to
close the Public Hearing at 8:42 p.m.
A roll call vote was taken:
Councilwoman Bowman - Aye 5 ayes, no nays. PUBLIC HEARING WAS CLOSED AT 8:42 P.M.
Councilman Rubeck stated that the Town Board must prioritize the projects in order to
submit them for any funding available and he made a motion to adopt a resolution prioritizing
the projects as;
Mirusso seconded the motion to adopt such resolution as moved.
A roll call vote was taken:
ROLL CALL VOTE:
Councilman Rubeck - Aye 5 ayes, no nays. RESOLUTION CARRIED.
Returning to the acknowledgment of visitors and Mr. Brophy's request to lower the
removal bond amount.
Clark Borngraber of Brant-Farnham Rd. asked the reasoning for which the Board made the
demolition bond at $500,000 and why would they do such a thing to a company who would be
adding to the Tax Base.
Councilwoman Bowman stated that she could only speak for herself but by previous reports
of damage to cell towers in the area which amounted to over $100,000,000 in vandalism
She felt that this was a reasonable request until all of it can be reviewed.
Mr. Bonigraber stated that as a retired businessman that this makes absolutely no sense
to him to require this large of bond when the total cost to remove it is $14,000.
Shannon Borzelleri of Brant Farnham Rd. asked if that was Councilwoman Bowman's personal
feeling on this subject and asked if that is how the entire board bases their decision on
personal feelings or shouldn't the decisions be based on what would be based on what is
best for the community. She stated that personal feelings would not help this community.
Councilman Rosiek stated that all the estimates have been provided by Nextel and that the
Board Members are not familiar with the costs on the removal of a cell tower and that until
other estimates had been provided, that he would prefer to leave the $500,000 bond and adjust
it annually as need be.
Councilwoman Bowman stated that the reason she voted the way she did was because of her
knowledge of what happened in Eden & North Collins where damages were into the millions.
Councilman Rosiek stated that one of his reasons is the Tri-State Battle in Arkwright
for 10 years. The town of Arkwright has been fighting to have the Tower removed and is
tied up in the Courts.
Lee Brunelli questioned the assessment of the Towers he thought they did not get
assessed.
Councilman Rosiek stated that he had checked on assessments and some were at
$20,00O, some $24,000 and $70,000. He did not know why one is so much higher, the property
owner gets the assessment and the company usually reimburses the property owner
the difference.
Councilwoman Bowman made a motion to keep the bond at $500,000 until further review which
was seconded by Councilwoman Mirusso. Attorney Grennell stated that a motion did not need
to be made as they are not changing the original motion.
Frank Mogavero of Brant Angola Rd. stated that he was told that the tower is going to
be 3 higher than originally applied for and he wanted to know the accuracy of that statement.
Supervisor Chiavetta stated that he had not seen the building permit at that time.
Supervisor Chiavetta made a motion to schedule the Public Hearing for the 2001 Budget for
November 8th at 8:00 p.m. at the Town Hall. Councilman Rosiek seconded the motion.
Appointments to be made to discuss budget requests will be starting on October
19th at 7:00 p.m. Supervisor Chiavetta to contact departments to set up times.
Councilman Rosiek made a motion to adopt a resolution set the hours of Halloween
celebration on October 31st from 6-8 p.m. which was seconded by Councilwoman Bowman.
ROLL CALL VOTE:
Councilman Rosiek - Aye 5 Ayes, No nays, RESOLUTION ADOPTED.
A motion was made by Councilman Rubeck and seconded by Councilwoman Mirusso to pass a
resolution to authorize a reserve fund for a new Town Hall in the amount of
$50,000.
ROLL CALL VOTE:
Councilman Rubeck - Aye 5 Ayes, no nays, RESOLUTION ADOPTED.
A motion was made by Councilwoman Bowman and seconded by Councilwoman Mirusso to adopt a
resolution to participate in Erie County & Erie County Boces Cooperative Purchasing Program.
ROLL CALL VOTE:
Councilwoman Bowman - Aye A letter from Erie County Director of Purchase, Joseph Martin regarding Health Insurance
was received and filed.
A request was received from Rural Transit Service to use the Community Building on
December 15th for their annual Christmas Party. A motion was made by Councilman Rubeck and
seconded by Councilwoman Bowman to allow such request. Dean Messing of Emergency Services of Erie County sent the Town an application to
participate in the FEMA's "Project Impact" disaster plan. A motion was made by Councilman
Mirusso and seconded by Councilman Rosiek to participate pending Police Chiefs input. Councilman Mirusso presented information regarding local law and elective offices.
She asked that each Councilperson review the information and perhaps at a later date they
can discuss changing the current laws.
Resolutions have been received from Association of Erie County Governments regarding
Budgetary Support Implementation of Master Plans and Tobacco Settlement. Councilman
Rosiek made a motion to support the resolutions in writing which was seconded by
Councilwoman Mirusso. A request from Brant Cemetery Association was received for use of the Community Building
on October 21st at 1:00 p.m. for a meeting. Councilman Rosiek made a motion to allow such a
request which was seconded by Councilwoman Mirusso. A letter was received by the Chamber of Commerce regarding a Transportation Forum
(Rt. 5 & 20 projects) at the Michael's Banquet Facility from 8 a.m. till Noon was received
and filed.
A motion was made by Councilwoman Bowman and seconded by Councilman Rosiek to adopt a
resolution to approve budget modifications as submitted by the Town Accountant.
ROLL CALL VOTE:
Councilman Rosiek - Aye 5 Ayes, no nays, RESOLUTION ADOPTED.
It was noted that the planning board was looking more at laws pertaining to above ground
pools and the possibility of issuing a permit for safety reasons. More information to be
provided at a later date.
A letter was received from Fred Brinkman Agency, Inc. regarding the Multi-Peril policy
and the possibility of changing companies for coverage.
A letter was received from Adeiphia Cable regarding the availability of digital cable
and filed.
A letter was received from Niagara Mohawk regarding surveys done in the 1990's and
identified miscellaneous errors and the Town may have refunds coming. The letter was noted
and filed.
Diane Czyz, Court Clerk for Judge Dispence, submitted a resignation of this position as
of 10/13/2000 being available to help out during court nights as needed. A motion was made
by Councilwoman Mirusso and seconded by Councilman Rubeck to accept the resignation. A motion was made by Councilman Rubeck and seconded by Councilman Rosiek to accept
the recommendation of Judge Dispence to appoint Tammy Czyz as his court clerk due to
Diane Czyz resignation. Tammy has been working parttime for Judge Dispence for about
one year Supervisor Chiavetta stated that estimates have been obtained to build a pavilion near
the end zone, approximately 30' x 60' and that the engineer have plans. He stated that the
pavilion would have many uses such as the overflow of the recreation program.
A Motion was made by Councilwoman Mirusso and seconded by Councilman Rosiek to advertise
for sealed bids for the Pool House Renovation funded by the ADA Grant, bids will be opened
at 9:30 a.m, on 11/14. Linda Crouse of Brant-Farnham Rd. stated that awhile back several people were approached
to attend Committee Meetings to discuss the landfill which had been previously presented.
She asked if this Committee could still meet to discuss all the pro's and con's of a
landfill.
Supervisor Chiavetta stated that the committee was ended when the Town Board adopted a
resolution to keep the "no landfill law" as is.
Mrs. Crouse stated that she got a letter stated that there would be meeting on the
l2th for the committee and was unaware that it was canceled. Some people showed up to
attend the meeting.
Supervisor Chiavetta stated that there was nothing stopping her or any person of
forming a committee on their own but the board would not be forming the committee due
to the action taken.
Councilwoman Bowman stated that if anyone is interested in the subject that they
should go to NYS part 360 and review the information.
Mrs. Crouse stated that she was not yet drawing a conclusion but she would like to hear
both sides of story. She wanted the opportunity to hear from the company proposing the
Landfill. She stated that a lot of people want a meeting with the Company.
Donna Marien of Brant-Farnham Rd. stated that the Board passed that resolution because
of the few people who attended the previous meeting.
Clark Borngraber stated that the people attending that meeting was being participated
by the people of the Town of Evans not Brant residents.
Councilman Rosiek stated that people should get involved in the planning process for
this area to invite it in.
Mrs. Crouse stated that her letter said that nothing was supposed to discussed on the
Landfil at the Board Meeting on the 5th per her letter from Attorney Grennell. She still
wants the opportunity to have this meeting.
Councilman Rosiek stated that the resolution he proposed last month only put the Landfill
off until the planning process was completed.
Shannon Borzelleri stated that the Board was supposed to represent the Town and by
them passing the resolution last month that they only represented a small portion of the
Town not the whole town.
Mrs. Crouse stated that the Town Attorney sent letters stating nothing was going to be
done at the September 5th meeting and the Committee would meet on September 12th and it was
signed by him.
Mr. Borngraber reiterated this position.
Councilman Rosiek stated that he was concerned with the bigger issue of comprehensive
land use planning. The master plan. He stated that landfill should be considered in the
updating of the Master Plan.
Shannon Borzelleri asked if 60% of the community of the Town of Brant were for the
landfill if the Board would change its mind on the landfill right now or would they wait
until the Master Plan is updated.
Councilman Rosiek stated that Master Plan of 1971 allowed the dumpsite and stated that
this site should be good enough.
Mr. Borngraber asked if anyone knew what year the law was passed and what was the
intent of the law.
Attorney Grennell read the law. He believed the law was passed in 1981.
Mr. Bonigraber asked if the actual intent of law was to discourage private residents
from dumping private garbage anywhere they felt like and to force the use Town Dumps.
He would believe that this was the intent of this law.
Betty O'Donnell stated that she had a Website address if anyone wanted it with documented
information regarding landfills and that she would leave it with the Town Clerk.
She stated that there has never been and is not now a landfill free of leachate.
Mr. Joe Reynolds approached the Board on his application for a Special Use Permit.
He stated that he had more information and didn't know how to get the planning board this
information.
A motion was made by Councilwoman Mirusso and seconded by Councilman Rosiek to pay the
monthly bills. Several residents objected to the Board ending the meeting. Supervisor Chiavetta stated
that if they wanted to meet with Mr. Gerhard that they could do it on their own.
A motion to adjourn was made by Councilwoman Bowman and seconded by Councilman Rosiek.
Meeting was adjourned at 9:40 p.m.
Respectfully Submitted APPROVED BY: Minutes of the regular meeting held on Tuesday, November 14, 2000 at 8:00 at the Brant
Town Hall, Brant-N. Collins Rd, Brant, New York.
There were present:
Samuel J. Chiavetta, Supervisor Also present:
Diane Pershnicki The meeting was opened with a pledge to the flag.
A motion was made by Councilman Rosiek, seconded by Councilwoman Bowman to accept the
minutes of the regular meeting of October 10,2000 as presented. A Motion was made by Councilwoman Mirusso, seconded by Councilman Rubeck to accept
the Supervisors financial report for the month of September as submitted. A Motion was made by Councilman Rosiek, seconded by Councilwoman Mirusso to accept
the Code Enforcement Officers report for the month of October as submitted. A motion was made by Councilman Rubeck, seconded by Councilman Rosiek to accept the
Dog Control Officers report as submitted for the month of October. A Motion was made by Councilman Rosiek, seconded by Councilwoman Mirusso to accept the
minutes of the planning board for the meeting of October 24, 2000 as submitted. No update for the Water District was submitted.
Supervisor Chiavetta asked that anyone present wishing to speak at the Acknowledgement
of visitors, to raise their hand and be recognized to avoid having several people speaking
at one time. They were to stand up and state their name. Everyone having something to say
would have an opportunity to say it.
Steve Twarzek stated that be received a letter regarding the landfill project and that
people should come to the board meeting to discuss it. He stated that when reviewing the
agenda, that it was not listed as a topic of discussion. He stated that if the people
wanted to be heard on the landfill, that they should submit a request to set a time to
hold a special meeting for just that purpose.
Ray Barefoot of Cain Rd. has the understanding that it is currently illegal to have a
landfill in the Town of Brant and that it would take a majority referendum vote to change
the law. He wanted to know why the people keep trying to bring this up at board meetings.
He is not in favor of a landfill and will fight to keep one out of the Town.
Attorney Grennell stated that the referendum vote was not necessary to change the law but
rather a majority of the Town Board and at this time the Town Board was not going to
change the current law.
Lee Brunelli stated that in order to change the law that there would have to be a public
hearing first. Attorney Grennell stated that this is correct.
Supervisor Chiavetta stated that if the Board wanted to, they could have a non-binding
referendum to get the feeling of what the people wanted.
Jackie Kowaiski stated that she was going to attend the meeting on the 14th of September
because she is not for or against it at that time but she did not get to hear that
information.
Supervisor Chiavetta stated that the meeting was canceled as the Town Board dissolved
the committee.
Mary Gugino asked why the five people that submitted the letter don't come forward she
stated that all of the people are not in attendance.
Kelly Crouse stated that she did not say she was for it or against it but she did want
to learn more about the landfill and was upset that the board dissolved the committee
before given that opportunity. The meeting was changed without anyone's knowledge.
Shannon Borzelleri stated that the Committee Letter stated that the Board would not
discuss the Landfill until after the September 14th meeting but the Town Board decided
on the 5th canceling the committee without getting everyone's input.
Martin Rosiek stated that it was him that suggested adopting the resolution at the
September 5th meeting in order to review it during the master planning process that you
shouldn't be changing laws without thorough review.
Craig Smith of Erie Rd. stated he has seen the proposal and talked with people viewing
other landfills in the area and he thinks that the town should look into this and it should
not be fluffed off The town needs this kind of money in its tax base. We would like to see a
potential tax break.
Donald Schrader of Railroad Ave. states that he works with BFI. He states that he is
currently not either for or against the Landfill. He states that our garbage picked up on
Friday's gets delivered to Blasdell, Dunkirk, and Niagara Falls. All of these are close to
Brant. why shouldn't we look into having a Landfill in Brant and possibly get something from
it.
Mike Memmo he stated that there is a great controversy on the dumps, however, more people
are against it than for it.
Colleen Alvira of Maiden Lane stated that she would like to receive a proposal to learn
more about it before making up her mind can she get a copy from someone who has one.
Chandra Porada of Commercial St. asked if a vote could be taken on the landfill.
How would a group of people put it to a vote?
Supervisor Chiavetta stated he had reviewed the project along with the board and they
did not feel it was viable at this time and it is a dead issue. He stated that if anyone
wanted to sit down with him to find out why he would be willing to set up a time to do so.
Ellen Bowman stated that she would like to add to that and that she brought up the
resolution to keep the No Landfill law on the books. She was also willing to sit down with
anyone who wishes too and has documented over 100 calls but no one has called her in favor
of a landfill. She had concerns which she expressed prior to the board adopting the
resolution.
Nina Faltus stated that the landfill would last 40-50 years, what happens to it after
that. Who is responsible.
Supervisor Chiavetta stated that it continues to get monitored by Authorities and the
landfill operators would be held responsible.
Betty O'Donnell questioned the mention of a non-binding referendum, as it was the first
time this had been brought up. Would this be an open hearing.
Supervisor Chiavetta stated that this action is costly to do and would be preferable
brought up during a local election to set up the machines.
Betty O'Donnell stated that the garbage dump would be 1,000 acres and stated that she
has pictures of various dumps which have been closed and the town's have been responsible
for clean up.
Robert Gerhard stated that the dumps that she is referring to are old town facilities,
that since 1991 before any material is placed in any facility that the State makes you bond
for 30 years. That the money has to be there before they are allowed to place a dump in that
town.
Linda Crouse stated that this is the reason she was hoping to get the committee going
again because a lot of people do not know the facts and this would give the opportunity to
discuss the pros and cons. Twenty or Thirty years ago people were listening to proposals like
this to stop people from dumping in their backyards.
Bill Henry stated that his question had nothing to do with the landfill but asked
why the town was doing selective appraisals by data collectors to the residence.
Supervisor Chiavetta stated that it was a requirement to do a revaluation and the because
the town's assessment is falling below 100% the State then requires this and the data
collectors are sent out to do spot checks. Mr. Henry stated that he had already been
requested by the Assessors office to submit the information.
Burt Douglas stated that he built his house only 4 years ago and the blue prints were
submitted and yet the Assessors stated that they have no information on his house.
He stated that he paid good money for the prints to be submitted to the Town for the
building permit.
Kelly Crouse of Detroit St. stated that everyone is worried about their children and
grandchildren however do they worry about the pollution in the lake when taking the kids or
do they worry about the fish they eat taken from the lake, all of it is contaminated.
Less contamination comes from the lake than what would leach from the proposed landfill.
Paul Thombury asked who was making the money on this deal, be said he would vote yes
if his taxes were paid in full for forty years.
Jackie Kolawski stated that she would like to see a meeting scheduled to hear both sides.
Nina Faltus questioned how much the Town is supposed to get. Supervisor Chiavetta stated
that it was all projections due to the amount of tonnage. That it would be variable.
Candace Schrader of Railroad Ave. expressed her dislike of how the Supervisor and Board
were handling the questions asked and stated that she wants to hear everything first hand,
not be word of mouth. She would like to hear both the good and bad. She feels that the
Board is hiding something. Not everyone gets the "Sun" and not every person gets the "Sun".
Chandra Porada questioned what the procedure would be to hold a non-binding referendum
and the cost of such procedures.
Supervisor Chiavetta stated that the costs would consist of having hired election
inspectors at about $100 for the day and that four would be needed. You would also need to
have the board of elections come in to set up the machines at a cost of about $500 unless
the use of paper ballots. He estimated with all the expenses it could be around $2,000.
He stated that he can not remember a non-binding referendum. The Board would be the deciding
factor if one would be held. A Public Hearing would have to be held first.
Mike Memmo stated that his understanding with dissolving the committee was due to the
law on the books not allowing a landfill. He does not understand why people keep bringing
it up when the law stands.
Robert Gerhard asked about his formal request to reinstate the committee on the note
sent by the Town Attorney. He would like an answer to that request.
Supervisor Chiavetta stated that the Town Board will not reinstate the committee.
Lee Brunelli stated that there was some minor repairs needed to the Community Building,
the back door and a light out in the parking lot.
Jackie Kowalski stated that there was a big drainage ditch in Evangola that could be a
hazard to snowmobiles and questioned whether the Town of Brant had any control of it.
Supervisor Chiavetta stated that if it is located in Evangola that the State Park would be
the contact to fix it.
Burt Douglas questioned if the people that were for the dump had young children or
private well water if they were not concerned about them.
Councilwoman Mirusso stated that she resented people thinking that the Board is paid off
She stated that it is a difficult task to sit on the board and make decisions for the entire
Town and listening to both sides. By the law they are doing the best jobs that they can do.
A motion was made by Councilman Rosiek, seconded by Councilman Rubeck to adopt a resolution
to adopt the budget as discussed at the November 9th public hearing.
ROLL CALL VOTE:
Councilman Rosiek - Aye 4 Ayes, 1 Nay RESOLUTION ADOPTED
Supervisor Chiavetta stated that a contract was received from J. O'Connell and Associates
for the grant writing with no increase. Councilwoman Mirusso made a motion to allow
Supervisor Chiavetta to sign the contract, seconded by Councilwoman Bowman. A letter was received from Lake Shore School regarding procedures for storm closings was
received and filed.
Police Chief Falk submitted a request to use the Community Building for consultations
with Juvenile Matters as mandated by the State. A. motion was made by Councilwoman Mirusso,
seconded by Councilman Rosiek to authorize use. A letter was received from Mayor, Terry Caber Sr., Village of Farnham asking the Town
Board to adopt a resolution supporting the "Home Rule" with regards to the abolishment of the
Village Justice Court. Councilwoman Mirusso asked for a motion to table this until a copy of
the Village Resolution can be received. The motion to table was seconded by Councilman Rosiek.
A request from the Brant Volunteer Fire Department for use of the recreation building on
Tuesday evenings until April was received by the Board. Councilman Rubeck made a motion to
allow such request. seconded by Councilwoman Bowman. A letter from the LakeShore Football Cheerleaders was received requesting use of the
Recreation building until the end of November was received. Councilwoman Mirusso made a
motion to allow this request which was seconded by Councilman Rubeck. A letter was received from Richard Smith's office regarding the Multi-Modal Program for
drainage problems was received and filed.
An application was received for a Special Use Permit from Joseph Reynolds of Southwestern
Blvd. for a Used Auto Sales, A Public Hearing was scheduled for December 12th at 8:l5 pm.
A letter from NFTA regarding keeping bus stops and shelters in the Town clean of snow was
received, it was mentioned that the Highway Dept. normally handles that.
The Town received an invitation from Erie County Executive Joel Giambra to attend the
25th annual Santa's Park Program on Friday, November 24th at 10:30 am. was received and filed.
A Detroit Street resident asked the Board who would be responsible for the grass
Cutting on Route 5 as it is difficult to see traffic when pulling out onto Route 5,
The resident was asked to contact the Highway Garage to find out if this was a County or
State responsibility.
A motion was made by Councilwoman Bowman, seconded by Councilman Rubeck to present the
monthly bills. A motion was made to adjourn the meeting at 9:10 p.m. by Councilman Rubeck,
seconded by Councilwoman Mirusso. The meeting was adjourned at 9.10 p.m.
Respectfully Submitted APPROVED BY: Minutes of the regular meeting and public hearing held on Tuesday, December 12, 2000
at 8:00 p.m., and the Public Hearing at 8:15 p.m. for Special Use Permit Application for
Joseph Reynolds, held at the Brant Town Hall, Brant-N. Collins Rd, Brant, New York.
There were present: Also present; The meeting was opened with a pledge to the flag led by Nina Faltus.
A motion was made by Councilwoman Bowman, seconded by Councilman Rubeck to accept
the minutes of the Public Hearing of November 9th and the regular meeting of November 14,
2000 as presented. A Motion was made by Councilwoman Mirusso, seconded by Councilman Rubeck to accept the
Supervisors financial report for the month of October as submitted. A Motion was made by Councilman Rosiek, seconded by Councilwoman Bowman to accept the
Code Enforcement Officers report for the month of November as submitted. No report was received from the Dog Control Officer.
A Motion was made by Councilman Rubeck, seconded by Councilman Rosiek to accept the
Police Chiefs report for the month of November as submitted. The Planning Board did not meet in November so no minutes were presented.
No update for the Water District was submitted.
Councilman Rosiek gave update on Farmland Protection where he stated that the committee
was getting ready for 3rd quarterly meeting, which will be held in Evans in January.
Meeting notice will be in January's newsletter. They also received a Grant for GIS mapping.
Need input on specific camera angles for agriculture. Recommendations for the computer
purchase were submitted for approval.
Supervisor Chiavetta asked that anyone present wishing to speak at the Acknowledgement
of visitors, to raise their hand and be recognized to avoid having several people speaking
at one time. They were to stand up and state their name. Everyone having something to say
would have an opportunity to say it.
Supervisor Chiavetta restated that the Town of Brant has a law which prohibits landfills.
A resolution was passed in September not to change law.
No one spoke during the acknowledgement of visitors.
Betty O'Donnell presented a petition with 755 signatures against the Brant Landfill.
She stated that they felt this was necessary because of the threats from the proponents
in the Oct./Nov. meetings. Petition from Friends and Neighbors Against the Brant Garbage
Landfill. Helpers were recognized by Betty O'Donnell.
The Village of Farnham requested that the Town Board petition New York State for the
abolishment of the Justice Court in the Village of Farnham by adopting the "Home Rule"
resolution. Councilman Rosiek made a motion to adopt such resolution in support of their
request which was seconded by Councilwoman Mirusso.
ROLL CALL VOTE: 5 Ayes, No nays, A motion was made by Councilwoman Bowman and seconded by Councilman Rosiek to adopt a
resolution to approve recommended budget changes and recommended by the Town Accountant.
ROLL CALL VOTE: 5 ayes, No nays, As recommended by Erie County Department of Environment & Planning working with the
Farmland Protection Committee, Town Clerk, Jamie S. Nolan asked for authorization to
purchase the computer and necessary software not to exceed the grant monies for the
Farmland Protection Project. A motion was made by Councilman Rosiek, seconded by
Councilwoman Bowman to giant such authorization. Jamie Nolan, Town Clerk asked for authorization to purchase new computers for her
office to meet the additional needs of tax collection and increased memory and speed necessary.
The monies would come from a pre-approved grant form 1998. A motion was made by
Councilwoman Mirusso, seconded by Councilman Rubeck to authorize such request. Jamie Nolan, Town Clerk also asked for authorization to purchase a new Clerk's software
package which would allow multi-users, the capability to do more with the system and
cheaper maintenance cost per year. A Motion was made by Councilwoman Mirusso,
seconded by Councilman Rubeck to approve the request. A motion was made by Councilman Rubeck, seconded by Councilwoman Bowman to set the
date for the re-organizational meeting for January 2, 2001 at 7:00 p.m. at the
Brant Town Hall. Notification from the Division of Criminal Justice Services informing the Brant
Justice Court of a grant award in the amount of $2,025 was received and filed.
A moment of silence was observed for deceased planning board member, Frank Mogavero.
Councilwoman Bowman made a motion to authorize the Highway Superintendent to
request bids for backhoe. This motion was seconded by Councilman Rosiek with
notification to be published in the Hamburg "Sun" and the bids to be opened
at 7:00 p.m. on January 2, 2001. The Public Hearing for a Special Use Permit submitted by Joseph Reynolds was
opened at 8:15 p.m. and the Town Clerk read the Legal Notice as printed in the
Hamburg Sun on 12/07/00.
Mr. Reynolds acknowledged that he had met with the Planning Board and that they had
placed a 10 car limit of good used cars on the lot. No junk vehicles are to be allowed
and he agreed to the stipulation.
Councilman Rubeck asked Mr. Reynolds if he had any junk vehicles on the property at
this time. Mr. Reynolds stated that he had his RV and a Dump Truck which has farm plates.
Mr. Rubeck stated that he had noticed vehicles in the back as recently as 12/11/00.
He stated that he has two horse trailers that have plates on them.
Councilman Rosiek stated that he was out to the location and there was some debris
such as a transmission lying on the property and with these items, he would not be
for allowing the Special Use Permit. He stated that he's applying for a Special Use Permit
and that means keeping the site clean so that the Town could approve this without
causing disregard to the neighbors.
Mr. Reynolds asked if the board could approve it on a one-year temporary permit so
that he could prove himself. Mr. Brunelli of the planning board stated that they have
done this in the past and that people have abused it and the Town then has to take them
to court.
Mr. Reynolds stated that he lives at this premises and he himself does not want to
live in a junkyard. He stated that there are properties just down the street that are
a lot worse than his with just a transmission in the yard.
Mr. Brunelli suggested that maybe it would be in everyone's best interest to make
a provision in the Special Use Permit that the application be reviewed in 6 months.
Mr. Rosiek suggested waiting a couple months to see the property cleaned up first,
before allowing the Permit.
Mr. Reynolds stated that he already has over $7,000 invested in this business and
that would be like asking a farmer to wait until fall to plant the seeds he bought in
the spring.
Supervisor Chiavetta suggested a 4 month temporary special use permit for review in
April. A motion was made by Councilwoman Bowman to allow the special use permit with
the 4 month review applicable. This motion was seconded by Councilwoman Mirusso and
a roll call vote was conducted.
Councilwoman Bowman - Aye 3 Ayes, 2 Nays, The Public Hearing was closed at 8:25 p.m.
Supervisor Chiavetta stated that the Legislative Member Item request for 2001 was due
to be sent to our local Legislative Representatives with a request for the possible purchase
of a new Fax Machine for the Town Hall. He asked if anyone had any other suggestions for
the list and that they contact his office.
The Town received amendments to the 2000-2005 snow removal contracts from Erie County
which carried a 5% increase for the five years. Supervisor Chiavetta stated that he
would need authorization to sign the contract. Councilwoman Bowman made a motion to
adopt a resolution to grant authorization for the Supervisor to sign which was seconded
by Councilman Rubeck. A roll call vote was taken.
ROLL CALL VOTE. 5 AYES, NO NAYS. Councilwoman Mirusso made a motion to authorize the renewal of the Bond Anticipation
Note renewal for the Brant-Farnham Sewer, held at Evans National Bank at a rate of 4.29%,
which was seconded by Councilman Rosiek and a roll call vote was taken.
COUNCILWOMAN MIRUSSO - AYE 5 AYES, NO NAYS A letter was received from the Town of Evans regarding the height flight [Hike/Bike] path
within the Town of Brant was received and Supervisor Chiavetta stated that most of the
work from Evans to Brant had been completed and that Town would be looking into the
work from Evangola State Park to the reservation boarder.
A motion was made by Councilman Rubeck and seconded by Councilman Rosiek to authorize
the ADA Pool House Renovation bids as recommended by E&M Engineers to ReMig Construction.
A roll call vote was taken.
COUNCILMAN RUBECK - AYE 5 AYES, NO NAYS. A letter was sent from the Brant Town Court to the Unified Court System regarding
assistance available to help identify files which may have been impacted by the prior
Court Clerk.
Supervisor Chiavetta asked if anything new was received regarding the request for
the planning board to be a functioning board in lieu of an advisory board. Attorney
Grenell stated that he was waiting for more information from the planning board.
Supervisor Chiavetta stated that the bridge on Brant-Angola Road was now open.
The construction is not completed but the bridge will be open for the winter.
A motion was made by Councilwoman Mirusso, seconded by Councilman Rosiek to present
the monthly bills for payment. A motion was made by Councilwoman Bowman, seconded by Councilman Rubeck to close
the meeting at 8:42 p.m. Respectfully Submitted APPROVED BY:
SUPERVISOR CHIAVETTA
COUNCILMAN RUBECK
COUNCILWOMAN BOWMAN
COUNCILWOMAN MIRUSSO
COUNCILMAN ROSIEK
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Dennis Rubeck - Councilman
Ellen Bowman - Councilwoman
Leah Mirusso - Councilwoman
Marty Rosiek - Councilman
John Grennell - Attorney
Diane Czyz
Maggie White
Peter F. Gugino
Ed & Dolly Dion
Donna Valentine
Jim Shea
Bill Dispence
Michael F. Barone
Gerry Brophy
John LeFave
Art & Linda Crouse
Linda McCrory
Betty & John O'Donnell
Anna & Ray Sadowski
Tim Kobel
Sebastian & Charlene Spicola
Milford & Dorcas Hammond
Charles & Beverly Wasmund
Maggie White
Fred W. & Dorothy Brinkman
Jamie McCrory
Raymond Dunkel
Gene Czyz
Jackie Hoisington
Marcia & Michael Flower
Ann & Joe Gardyjan
Bill Boneberg
Frank Mogavero
Peter Nowicki
Mark, Margaret & Carl Hageman
Mary Russell
Janet Bowman
Josephine Battaglia
Russell Battaglia
Jean Busch
Vi & George Mecca
Eugene Marsh
Lee Brunelli
Jeanne Hoisington
Sue & Pete Zaenglein
Allan & Maryann (Jackie) Tedesco
Brian Fox
Rebecca Weppner
MOTION CARRIED.
MOTION CARRIED.
MOTION
CARRIED.
MOTION
CARRIED.
MOTION
CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
TABELED.
Councilwoman Mirusso - Aye
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Supervisor Chiavetta - Aye
Councilwoman Mirusso - Aye
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Supervisor Chiavetta - Aye
Councilwoman Mirusso - Aye
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Supervisor Chiavetta - Aye
Councilwoman Mirusso - Aye
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Supervisor Chiavetta - Aye
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
A letter requesting use of the Recreation Building on October 8, 2000 at no cost
to the organization for a Chinese Auction of which the proceeds would go to the S.P.C.A.
A motion was made by Councilwoman Bowman and seconded by Councilman Rubeck to
allow the request.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
Jamie S. Nolan, Town Clerk
SUPERVISOR CHIAVETTA
COUNCILMAN RUBECK
COUNCILWOMAN BOWMAN
COUNCILWOMAN MIRUSSO
COUNCILMAN ROSIEK
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Ellen Bowman, Councilwoman
Marty Rosiek, Councilman
Dennis Rubeck, Councilman
Leah Mirusso Councilwoman
John Grennell, Attorney
Michelle Hy
Mark Hageman
Carl Hageman
Carole Hageman
Peter Nowicki
Henry Nowicki
Mrs. Nowicki
Neal Willer
Gina Considine
Margaret Hageman
Tracey Britting
Robert Gerhard
John LeFave
Basil Kern
Jack Schlenker
Mark Shelter
Roger Edbauer
Phyllis Muscato
Fred Brinkman
Donna Feldman
Duane McCaulley
Louis E. Small
Louis W. Small
Bill Boneberg
Juanita Seneca
David Baker
Marsha Jones
Sebastian Spicola
Mary Russell
Dorcas Hammond
Russell Battaglia
John Arrigo
John O'Donnell
Betty O'Donnell
Frank Mogavero
Lee Brunelli
Phil Pericak
Joseph Gardyjan
Ann Gardyjan
Geraldine Sagliani
Peter Gugino
Geraldine Gugino
Mark Hageman, Jr.
Barbara Schmitt
Frank Sciremammano
Michael Barone
Michael Herr
Kristina Hirsch
Diana Gibbs
Diane Edbauer
Lynda Mason
Donald Feldman
Diane Czyz
Eric Small
Ann Small
Becky Weppner
Gertrude Reiche
J.C. Seneca
Jerry Brophy
Charles Spicola
Janet Bowman
Josephine Battaglia
Milford Hammond
Alice Escott (Town Crier)
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
Councilwoman Bowman - Aye
Councilman Rubeck - Aye
Councilwoman Mirusso - Aye
Supervisor Chiavetta - Aye
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Councilwoman Mirusso - Aye
Supervisor Chiavetta - Aye
Councilman Rubeck - Aye
Councilwoman Bowman - Aye
Councilwoman Mirusso - Abstained
Supervisor Chiavetta - Nay
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Councilwoman Mirusso - Aye
Supervisor Chiavetta - Aye
Councilman Rubeck - Aye
Councilwoman Mirusso - Aye
Councilman Rosiek - Aye
Supervisor Chiavetta - Aye
MOTION CARRIED.
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Councilwoman Mirusso - Aye
Supervisor Chiavetta - Aye
Councilwoman Bowman - Aye
Councilwoman Minisso - Aye
Councilman Rubeck - Aye
Supervisor Chiavetta - Aye
MOTION CARRIED.
MOTION CARRIED.
Jamie S. Nolan, Town Clerk
SUPERVISOR CHIAVETTA
COUNCILMAN RUBECK
COUNCILWOMAN BOWMAN
COUNCILWOMAN MIRUSSO
COUNCILMAN ROSIEK
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Councilman, Dennis Rubeck
Councilwoman, Ellen Bowman
Councilwoman, Leah Mirusso
Councilman, Martin Rosiek
Attorney, John Grennell
Shirley Sager
Carl P. Militello
Clark Borngraber
John Miller, Jr.
Anthony Schmelzinger
Linda Crouse
Diane Czyz
Shannon Borzelleri
Donna Marien
Louis Small
Ann Sadowski
Betty O'Donnell
Maggie M. White
Lee Brunelli
Dolly Dion
Peter Nowicki
Fred W. Brinkman
Mark Hageman
Robert Sager
Rusty Lemke
Judy Peacock
Rosalie Schmelzinger
Chandra Porada
George Stephenson
Brian Crouse, Sr.
Timothy Marien
Allen Nolan
Ann Small
Ray Sadowski
John O'Donnell
Frank C. Mogavero
Ed Dion
Karl Wilson
Joseph Gardyjan
Donna S. Valentine
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
Councilman Rubeck - Aye
Councilwoman Mirusso - Aye
Councilman Rosiek - Aye
Supervisor Chiavetta - Aye
Councilwoman Mirusso - Aye
Councilman Rosiek - Aye
Councilwoman Bowman - Aye
Supervisor Chiavetta - Aye
MOTION CARRIED.
Councilwoman Bowman - Aye
Councilwoman Mirusso - Aye
Councilman Rubeck - Aye
Supervisor Chiavetta - Aye
Councilwoman Mirusso - Aye
Councilwoman Bowman - Aye
Councilman Rosiek - Aye
Supervisor Chiavetta - Aye
Councilwoman Mirusso - Aye
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Supervisor Chiavetta - Aye
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
Councilwoman Mirusso - Aye
Councilman Rubeck - Aye
Councilwoman Bowman - Aye
Supervisor Chiavetta - Aye
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED
Jamie S. Nolan, Town Clerk
SUPERVISOR CHIAVETTA
COUNCILMAN RUBECK
COUNCILWOMAN BOWMAN
COUNCILWOMAN MIRUSSO
COUNCILMAN ROSIEK
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Ellen Bowman, Councilwoman
Marty Rosiek, Councilman
Dennis Rubeck, Councilman
Leah Mirusso Councilwoman
John Grennell, Attorney
Kevin Davis
Colleen Alvira
Stephen Twrzek
Nina Faltus
Margaret Hageman
Theresa Piall
Russ & Joanne Battaglia
Anne & Joseph Gardyjan
Shirley Kuczka
Jackie Kowaiski
Louis Small
Burt Douglas
Brian Crouse, Sr.
David Swartzwelder
Michael Daniel
Bill Henry
Phil Pericak
Shannon Borzelleri
Kelly Crouse
Todd Lundell
Fred Brinkman
Michael Memmo
John O'Donnell
Carl Militello
Maggie White
Diana Gibbs
Jose Mvira
Mr. & Mrs. Szfranski
Mark Hageman, Jr.
Ray Barefoot
Don & Candace Schrader
Mary Gugino
Milford & Dorcas Hammond
Lee Brunelli
Marion Brinkman
Peter Nowicki
Paul Thombury
Clark Borngraber
Karen Heck
Louis Small
Eric Small
Charles Tagharino
Chandra Porada
Craig Smith
Linda Crouse
Richard Gerhard
Robert McCabe
Jaroslav Faltus
Betty O'Donnell
Felice Kryska
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
Councilman Rubeck - Aye
Councilwoman Bowman - Nay
Councilwoman Mirusso - Aye
Supervisor Chiavetta - Aye
MOTION CARRIED.
MOTION CARRIED.
TABELED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRRIED.
Jamie S. Nolan, Town Clerk
SUPERVISOR CHIAVETTA
COUNCILMAN RUBECK
COUNCILWOMAN BOWMAN
COUNCILWOMAN MIRUSSO
COUNCILMAN ROSIEK
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Supervisor - Samuel J. Chiavetta
Councilman - Dennis Rubeck
Councilwoman - Ellen Bowman
Councilwoman - Leah Mirusso
Councilman - Martin Rosiek
Attorney - John Grennell
Mark Hageman
Margaret Hageman
Mr. & Mrs. Rott
Peter Nowicki
Johnnie January
Tim Porsley
Marsha Jones
Joseph Gardyjan
Betty Douglas
Ray Barefoot
Burt Douglas
Anne Gardyjan
Jeannie Haberer
Jonathan Danial
Crissy Sipas
Henry V. Nowicki
Kurt Sipas
Michael Daniel
Shirley Kuczka
Linda J Crouse
Norm Bromley
Filomena Muscato
Louis Small
Frank Petrus
John Small
Deborah Szafranski
Marilyn Russell
Judy Palmer
Jackie Hoisington
Shiela Price
Dorothy Renaldo
Robert T. Palmer
John Renaldo
Bill Grad Jr.
Phil Pericak
Thomas Fose
Susan McCaulley
Maryann J. Tedesco
Lee Brunelli
Allan Tedesco
Tim Clark
Richard Gerhard
Don Clark
Helena Catalano
Betty O'Donnell
Chuck Joy
John O'Donnell
Timothy Smith
Abraham Lofton
Felice Kiycia
(Sun Representative)
Willie M. White
Amy Lewis (Observer Representative)
Thomas Surtala
Joseph Catalano
Tony Andolina
Paula Artymowycz
Neal E. Wilson
Stephan Artymowycz
George Stephenson
Bill Boneberg
Fred Gugino
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
Councilman Rosiek - Aye
Councilwoman Mirusso - Aye
Councilman Rubeck - Aye
Councilwoman Bowman - Aye
Supervisor Chiavetta - Aye
RESOLUTION ADOPTED.
Councilwoman Bowman - Aye
Councilman Rosiek - Aye
Councilman Rubeck - Aye
Councilwoman Mirusso - Aye
Supervisor Chiavetta - Aye
RESOLUTION ADOPTED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
MOTION CARRIED.
Councilwoman Mirusso - Aye
Councilman Rosiek - Nay
Councilman Rubeck - Nay
Supervisor Chiavetta - Aye
SPECIAL PERMIT GRANTED
COUNCILWOMAN BOWMAN - AYE
COUNCILMAN RUBECK - AYE
COUNCILWOMAN MIRUSSO - AYE
COUNCILMAN ROSIEK - AYE
SUPERVISOR CHIAVETTA - AYE
RESOLUTION ADOPTED.
COUNCILMAN ROSIEK - AYE
COUNCILMAN RUBECK - AYE
COUNCILWOMAN BOWMAN - AYE
SUPERVISOR CIIIAVETTA - AYE
RESOLUTION ADOPTED
COUNCILMAN ROSIEK - AYE
COUNCILWOMAN BOWMAN - AYE
COUNCILWOMAN MIRUSSO - AYE
SUPERVISOR CHIAVETTA - AYE
RESOLUTION ADOPTED
MOTION CARRIED.
MOTION CARRIED.
Jamie S. Nolan, Town Clerk
SUPERVISOR CHIAVETTA
COUNCILMAN RUBECK
COUNCILWOMAN BOWMAN
COUNCILWOMAN MIRUSSO
COUNCILMAN ROSIEK
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