This Regular Meeting of the Brant Town Board was held on Tuesday, January 9, 2018 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
Mark DeCarlo Supervisor
Donald Clark Councilman
Michael Muffoletto Councilman
Barbara Daniel Town Clerk, Recording Secretary
William J Trask, Sr. Town Attorney
Absent: Donna Marien Councilwoman
ALSO PRESENT / SIGNED IN WERE:
Brian Rott Resident
Debra Ritz Resident
Phil Pericak Resident
Donald Dabrowski Resident
Sandra Austin Deputy Town Clerk
Joe DeCarlo Assessor
Joe Ostrowski Planning Board Chairman
Lynda Ostrowski Planning Board Secretary
Patty Friend Town Historian
Joyce Ellis Resident
Chad Kaczmarek Town Justice-elect
Janice Ross Secretary to the Highway Superintendant
Donald Hepkins Chief of Police
Angela Joy Court Clerk
Penny Boismenu Resident
Michael Boismenu Resident
Allen Nolan Building Superintendant
The meeting opened at 7:00 PM with the Pledge of Allegiance.
MINUTE APPROVAL December 19, 2017 REGULAR TOWN BOARD MEETING and January 2, 2018 Organizational meeting: Councilman Muffoletto motioned to accept the minutes of the December 19, 2017 Regular Town Board meeting and the January 2nd 2018 Organizational minutes. Councilman Clark seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S November 2017 FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Muffoletto to accept the Supervisor’s November 2017 Financial Report as presented. 3 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK/TAX COLLECTOR’S November 2017 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s November 2017 Regular Financial Report, seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S November 2017 FINANCIAL REPORTS FOR JUSTICE GIER, REGULAR AND BAIL ACCOUNTS: Councilman Clark motioned to approve both accounts for Justice Gier: bail and regular financial reports, was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S DECEMBER REPORT: CEO Gary Brecker presented his report for December 2017. He explained that he has discussed the Lotus Bay issue with Supervisor DeCarlo. Supervisor DeCarlo asked the Board to approve directing the Planning Board to review and recommend “Transient Uses”. Councilman Muffoletto noted that the Planning Board had been asked to review this topic already. Supervisor DeCarlo responded that they did not have an official review of it with the Code Enforcement Officer and Town Attorney, with some input from the public. Supervisor DeCarlo then made a motion to authorize the Planning Board to perform an official inquiry. He noted that they had researched what Grand Island had done with their situation. Councilman Muffoletto then seconded an approval to direct the Planning Board to perform an official inquiry on “Transient Uses”. 3 ayes, 0 nays. MOTION CARRIED.
Mike Boismenu of Lotus Bay then asked if the Board still intended on having a committee formed to review the issue. Supervisor DeCarlo stated they are still looking into that, but he would like the Planning Board to look into it first to allow the Board to move in the appropriate direction. Councilman Muffoletto asked the Planning Board Chairman Ostrowski to obtain the full details of the Grand Island review. The Chairman noted that they will document what they did and why they did it, which will allow an informed decision.
At this time, Supervisor DeCarlo motioned to approve the Code Enforcement Officer’s report for December 2017. Councilman Clark seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S NOVEMBER AND DECEMBER 2017 REPORTS: The November and December 2017 dog reports were presented by DCO Barbara Daniel. The DCO advised the Board that she had permission from Councilman Clark (liaison to dog control) to house a dog in a crate, in the Town Hall gym due to extreme weather conditions. Councilman Clark motioned to approve the reports as read, seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT DECEMBER 2017: The December 2017 police report was presented by Police Chief Donald Hepkins. Councilman Clark motioned to accept the report as read, seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
HIGHWAY SUPERINTENDENT’S DECEMBER REPORT: Councilman Clark presented the Highway report for December 2017. When the amount of CHIPS money was quoted in the report, Councilman Muffoletto asked if the highway budget overages would now be corrected with the income. Supervisor DeCarlo responded the 4th quarter sales tax and CHIPS money made the budget whole, but he will have a report from the Town Accountant at the next meeting to see where the highway budget is presently. Councilman Muffoletto then asked the Highway Clerk to ask the drivers to begin recording the mileage on the big trucks now since they are now being used. Supervisor DeCarlo noted how the CHIPS money had increased significantly since Janice Ross was appointed as Highway Clerk. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
284 Agreement: Attorney Trask then advised the Board to authorize the Supervisor and Town Board to sign the 284 Agreement with the Town of Brant Highway agreement which sets forth the projects the highway plans to do this upcoming year using the highway funds for highway improvement. An agreement exists between the Town Board and the Highway Department to spend those funds on highway improvements. Supervisor DeCarlo motioned to authorize the Supervisor and Town Board to sign the 284 Agreement with the Highway Department. Councilman Clark seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR DECEMBER: The Town Clerk’s monthly activity report for December was presented by the Town Clerk. Councilman Clark then motioned to approve the Town Clerk’s report as read, and was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: No meeting was held in December
ZONING BOARD REPORT: No meeting was held in December.
RECREATION DIRECTOR’S REPORT: No report presented.
PARKS COMMISSIONER’S REPORT: No report presented.
TOWN HISTORIAN REPORT: Town Historian Patty Friend presented the December report. It was noted that the next meeting will be held on Wednesday January 17, 2018. Councilman Clark motioned to approve the report as presented, and was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
The Town Historian questioned if she was reappointed for 2018. She was assured that she was.
FIRE DEPARTMENT REPORTS: No reports were presented.
SENIOR’S REPORT: The Senior’s report for January 3rd, 2018 was read by Secretary to the Senior’s Lynda Ostrowski. It was noted that the July meeting date has been changed to July 11 due to the July 4th holiday. Two by-law changes will be voted on at the February meeting. An AARP driving class will be held at Town of Evans on March 6 & 7 from 6 to 9 pm. Councilman Clark motioned to approve the report as read, seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
No Old Business to report.
At 7:21 PM, Supervisor DeCarlo motioned to enter executive session for personnel reasons, and was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
At 7: 40 PM, Supervisor DeCarlo motioned to close the executive session, seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
2018 EMPLOYEE WAGE ADJUSTMENTS (Corrections from the Organization meeting):
SET PUBLIC HEARING FOR LOCAL LAW #1 OF 2018: COLD WAR VETERAN’S EXEMPTION: Supervisor DeCarlo set a public hearing for proposed Local Law #1 of 2018 which would eliminate the 10-year limit currently imposed on the Cold War Exemption law adopted by the Town of Brant in 2009. State law makers have now made it possible for Towns to eliminate the ten (10) year limit. The new law must be adopted prior to the taxable status date of March 1st, 2018 to allow those eligible to continue to enjoy the exemption.
At this time, Supervisor DeCarlo motioned to set the Public Hearing for Tuesday February 13, 2018 at 7:15 PM. Councilman Muffoletto seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
UPDATE OF CHIEF HEPKINS MEMORANDUM OF UNDERSTANDING: The Town Board is updating a Memorandum of Understanding originally created between Donald Hepkins and the Town of Brant in 2014. The only change being made is the raising of the salary cap to be in line with the 2018 adopted budget. Councilman Muffoletto made the motion to authorize the Supervisor to sign the updated agreement, and was seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.
INCREASE AND RENEWAL OF TOWN LIABILITY INSURANCE DUE FEB 1ST, 2018: Supervisor DeCarlo met with Ron Miller of Evans Agency to discuss the renewal of the Town’s liability policy. As it appears, the policy rate will increase approximately 1.5%. At this time, Supervisor DeCarlo advised the Board that the policy will expire on February 1s, 2018. It will increase from the current $42,000 but to just over $43,000. He did not receive the paperwork before the end of the day and therefore asks the Board to approve his authorization to sign and renew as long as the amount is less than $44,000.00. Councilman Muffoletto motioned to authorize Supervisor DeCarlo to renew the policy for an amount less than $44,000 and was seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.
JUSTICE COURT AUDIT: Supervisor DeCarlo announced that the 2017 Annual Justice Court audit is due in March 2018. Supervisor DeCarlo motioned to approve the appointment of Joseph Ostrowski to perform the audit at a flat rate of $300. Councilman Clark seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
COMMITTEE REPORTS: Nothing to report.
TOWN BOARD REPORTS:
Councilman Clark: Nothing to report.
Councilman Muffoletto: Nothing to report.
Councilman Marien: Nothing to report.
Supervisor DeCarlo: Nothing to report.
RECOGNIZED PRIVILEGE OF THE FLOOR:
Mike Boismenu of Lotus Bay asked if the Board still plans on assigning a committee consisting of the Town Attorney, Code Enforcement Officer, and two Board members to review their concerns over short-term rentals in the Lotus Bay area. He questioned that the Board has now assigned the review to the Planning Board. His question is: What will the Planning Board be reviewing? Supervisor DeCarlo stated they have not changed the plan, but have inserted the Planning Board into it. After a few discussions with different Board members, the Town Attorney and Code Officer, hope to get on the same page. Boismenu asked what the Board is asking the Planning Board to review. DeCarlo responded they will be looking at the zoning as it has to do with the Master Plan of the Town, the uses, etc. Planning Board Chairman Ostrowski noted their job is to look at Land Management, and whatever task the Town Board wishes to assign it. In this case, they will review similar situations in other towns, NYS law, etc. The Supervisor then stated that after their review, if the Board feels it is necessary, they will assign a committee.
Donald Dabrowski of Lotus Bay asked the Board if any of the Board members also own a short term rental through “AirBnB” located outside the Town? Councilman Clark stated he does. Mr. Dabrowski then asked if he would be on the review committee. He then raised concerns over the value of his property when he has a neighbor with a “nightly hotel”. He asked the Board to raise the taxes of those making money on their property and lower his by half. Councilman Clark responded that the owners of the rentals have to pay more on their income taxes. He added that his renters leave the houses in impeccable condition. Mr. Dabrowski complained that garbage cans were placed outside the rental on Tuesday night and were not removed until Saturday. He noted that if needed, they will bring this problem to a higher court. Councilman Muffoletto stated that since it is a private area, and private road, why don’t they form a home owner’s association to dictate what property owners can and can’t do.
Mike Boismenu stated that they are covered by the current code which states you cannot have a business in a residential zone.
Councilman Clark added that the Planning Board meeting is open to the public, where they can express their opinions.
Debra Ritz asked if the person that owns the property that is the subject of this issue on the Planning or Zoning Board. The owner’s names were mentioned, and the reply was yes. But it was noted they would have to abstain from the vote.
Penny Boismenu stated that her property class on her assessment is 210 (single family use, residential). However she noted, 72 Lotus Bay, also classified as a 210 is listed as a “cottage” on the AirBnB website. She added that a cottage is a 410, which is classified by NYS as commercial. She asked how you can allow a commercial cottage in a residential area. Councilman Muffoletto asked the Boismenu’s to give that information to the Planning Board Chairman.
Planning Board chairman Ostrowski clarified that the Planning Board meeting is an open meeting but it is not a public hearing. Therefore, he added, the visitors may voice their concerns at the discretion of the Planning Board. Discussion began over the amount of time attendees would be allowed to air their concerns to the Planning Board. The Planning Board will meet on February 6th at 7:00 PM at the Town Hall to discuss the issue further. Supervisor DeCarlo stated that he will attend the meeting.
MEETINGS AND CORRESPONDENCE: None
Supervisor DeCarlo met with Ron Miller to discuss the renewal
BUDGET MODIFICATION APPROVAL: Councilman DeCarlo presented the following Budget Modification #9 of 2017:
Budget Modification #9 as of:
November 30, 2017
Please make a resolution at the regular Town Board meeting on Tuesday January 9th 2018 to approve the
following Budget Modification(s) to the 2017 Adopted Budget for the following Fund(s):
General Fund Townwide (A)
New Town Hall
New Town Hall
EQ & Cap Out
New Town Hall
New Town Hall
Eq & Cap Out
Installment Purchase Debt-Interest
Balance remaining over budget after correcting posting error ($2,801.08 less $1,348.13)
General Fund Part Town (B)
Refuse & Garbage
Zoning Boad of Appeals
Zoning Boad of Appeals
Refuse & Garbage
Highway Townwide (DA)
Highway Part Town (DB)
Councilman Clark motioned to approve the Budget Mod #9 of 2017 as presented, and was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Supervisor DeCarlo-aye. 3 ayes, 0 nays. MOTION CARRIED.
APPROVAL OF ABSTRACT 13 of 2017 and Abstract 1 of 2018:
Supervisor DeCarlo read the abstract:
Abstract 13 of 2017
*Prepaid and unpaid as of 1/9/18 Total Claims $40,785.90
Gen Fund Town wide Vouchers Totaling: $17,636.64
Gen Fund – Part Town Voucher Totaling: $7,750.09
Highway T.W. Vouchers Totaling: $12,383.36
Highway P.T. Vouchers, Totaling: $240.00
Fire Protection: Vouchers: Totaling: $0
Street Lighting: Voucher Totaling: $2,775.81
H Capital Projects: Vouchers Totaling: $0
Lotus Bay Sewer Dist. 1: Vouchers: $0
Brant Farnham Sewer Dist: Vouchers Totaling: $0
Brant Water Dist 1: Voucher: Totaling
Special Grant Fund: Totaling: $0
PAYROLL (2 payrolls):
General Town Wide Payroll 11/26/17 TO 12/23/17 – Totaling $42,188.94
General Part Town Payroll 10/29/17 TO 11/25/17 Totaling: $1,026.98
Highway Payroll TW 10/29/17 TO 11/25/17 Totaling: $14,380.81
Highway Payroll PT 10/29/17 TO 11/25/17 Totaling: $0
Abstract 1 of 2018
*Prepaid and unpaid as of 1/9/18 Total Claims $18,839.93
Gen Fund Town wide Vouchers Totaling: $18,171.83
Gen Fund – Part Town Voucher Totaling: $0
Highway T.W. Vouchers Totaling: $668.10
Supervisor DeCarlo motioned to approve Abstract 13 of 2017 and Abstract 1 of 2018, seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Muffoletto-aye. 3 ayes, 0 nays. MOTION CARRIED.
The next Town Board meeting will be Tuesday, February 13th at 7:00 pm.
At 8:12 PM, a moment of silence was held for Angelo Militello and Kathy Bodkin who recently passed away.
Following the moment of silence, Supervisor DeCarlo motioned to adjourn, seconded by Councilman Clark. 3 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Brant Town Clerk