This Regular Meeting of the Brant Town Board was held on Tuesday, July 14, 2020 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

 

Present were:

 

Mark DeCarlo Supervisor

Donna Marien Councilwoman

Michael Muffoletto Councilman

Janice Ross Councilwoman

Linda Giancarlo Councilwoman

Barbara J. Daniel Recording Secretary

William Trask Town Attorney

 

ALSO PRESENT / SIGNED IN WERE:

 

Joe Ostrowski Planning Board Chair

Lynda Ostrowski Deputy Town Clerk

Ellsworth Nolan Highway Superintendent

Brian Rott Resident

Daryl Novoa Highway

Tracy Kaczmarek Supervisor Secretary

Dolly Huffnagle Farnham Village Trustee

Don Hepkins Police Chief

Janet Bowman Planning Board

Chad Kaczmarek Town Justice

Kristen Giancarlo Resident

Joe Giancarlo Resident

Gary Brecker Code Enforcement Officer

Debra Ritz Planning Board

James Hooge Board of Review Chair

Aaron Weiner Ben Weitsman Representative

 

The meeting opened at 7:00 PM.

 

PLEDGE TO THE FLAG

 

 

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS:

 

MINUTE APPROVAL JUNE 9, 2020 VIRTUAL ON-LINE TOWN BOARD MEETING: Councilwoman Giancarlo motioned to accept the minutes of the June 9, 2019 Virtual On-Line Town Board meeting. Councilwoman Marien seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

 

SUPERVISOR’S MAY 2020 FINANCIAL REPORT: Councilwoman Giancarlo moved and was seconded by Councilman Muffoletto to accept the Supervisor’s May 2020 Financial Report as presented. 5 ayes, 0 nays. MOTION CARRIED.

 

TOWN CLERK/TAX COLLECTOR’S MARCH THRU MAY 2020 FINANCIAL REPORT: Councilwoman Giancarlo motioned to accept the Town Clerk’s March thru May 2020 Regular Financial Report and the Tax Collector’s Report, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

COURT CLERK’S May 2020 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilman Muffoletto motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for May 2020, and was seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

 

CODE ENFORCEMENT OFFICER’S JUNE 2020 REPORT: Code Enforcement Officer Gary Brecker read the June report. He said that there have been a lot of building permit requests from people putting in swimming pools. He also stated that there are two Special Use Permits that are not on the list. They have to go to the Planning Board first. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

EXECUTIVE SESSION: Supervisor DeCarlo moved to go to Executive Session at 7:06pm, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED. Supervisor DeCarlo moved to close Executive Session at 7:30pm, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

PUBLIC HEARINGS:

Special Use Permit Public Hearing at 7:30pm

 

Town Clerk Read the Notice:

LEGAL NOTICE

TOWN OF BRANT, NEW YORK

NOTICE OF PUBLIC HEARINGS

 

The Town of Brant Town Board will conduct a Public Hearing on Tuesday July 14, 2020 at the Brant Town Hall, 1272 Brant North Collins Road, Brant, New York.

 

The Public Hearings will be held at 7:30 PM local time pursuant to resolution of the Town Board and pursuant to Local Law No. 1-2016 for the purpose of considering annual renewals for the following Special Use Permits:

 

1. Stefan Artymowycz

10216 So. Western Blvd.

Angola, NY 14006

Junk yard

 

2. Thomas C. Bowman Jr.

10623 So. Western Blvd.

Irving, NY 14081

Junk yard

 

3. Michael & Barbara Daniel

10575 So. Western Blvd.

Irving, NY 14081

Used car sales, auto detailing and windshield repair

 

4. Andrew Lonkey (Empire Collision)

10936 So. Western Blvd.

Irving, NY 14081

Motor vehicle repair and paint shop

 

 

5. Joseph Reynolds

10564 So. Western Blvd

Irving, NY 14081

Used car sales

 

6. John D. Snyder

1506 Burns Rd.

Angola, NY 14006

Unrestricted used car sales at

10623 So. Western Blvd.

Brant, NY 14027

 

7. Ben Weitsman of Brant LLC

P.O Box 420

Owego, NY 13827

Junk yard at

1132 Brant Farnham Rd.

Brant, NY 14027

 

All interested parties will be given an opportunity to be heard during each Public Hearing.

 

Dated: July 6, 2020

Barbara Daniel

Brant Town Clerk

 

Code Enforcement Officer: CEO Brecker stated that he visited all the sites. He said their inventories are all low but they are in good shape. He also stated that he has an issue with Andrew Lonkey who was at 10962 So. Western Blvd. but has moved to 10936. He thought the original permit will go with him. Gary told him he needs a new one. Donald Arcara has taken over 10962. These two people will not be discussed tonight.

 

OPEN PUBLIC HEARING:

Supervisor DeCarlo moved to open the Public Hearing, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo asked if anyone in attendance would like to comment following any of the named applicants which he began to read aloud:

 

1. John Snyder – no comment

2. Joseph Reynolds – no comment

3. Weitsman of Brant LLC – CEO Gary Brecker stated that it appears to be closed. . The Town Board noted they haven’t been maintaining the property.  Aaron Weiner, Weitsman Representative stated that due to COVID, they have not been operating as usual but they will cut the grass. They will continue to operate the junk yard just not have it open to the public. They want to use it more for operations and be able to service the Buffalo area in a more efficient way. They will still be processing scrap. Maybe in the future, they will open it back up to the public. The Board Members want a detailed letter stating exactly what they will be doing with it. The Supervisor stated that they will do a 30-day extension on the permit to determine if the SUP has changed.

4. Thomas C. Bowman Jr. – no comment

5. Stefan Artymowycz – no comment

6. Michael & Barbara Daniel – no comment

Supervisor DeCarlo moved to close the Public Hearing, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
 

Supervisor DeCarlo then moved to extend John Snyder’s Special Use Permit for the term of 1 year with the original conditions in place, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo moved to accept Joseph Reynold’s Special Use Permit for a 1-year period with all the original conditions, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

 

Councilwoman Marien moved to extend the Weitsman Shredding, LLC permit for 30 days under the original conditions and original terms, pending the receipt of information requested at this meeting, to approve the Permit for 1 year, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo moved to accept Tom Bowman’s Special Use Permit for 1 year with original terms, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo moved to accept Stefan Artymowycz’s Special Use Permit for 1 year under the same conditions, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo moved to accept Barbara & Michael Daniel’s Special Use Permit under the same terms for 1 year, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

 

The Supervisor asked the Town Attorney about setting up a Public Hearing for next month for the Weitsman’s. The Attorney stated he can order a continuation of the Public Hearing.

 

Supervisor DeCarlo made a motion to carry the Special Use Hearing over to August 11th to consider the Weitsman’s Shredding new information, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

DOG CONTROL OFFICER’S MARCH - JUNE 2020 REPORTS: Dog Control Officer Barbara Daniel stated that her report will be available in the Town Clerk’s Office. Supervisor DeCarlo made a motion to accept the Reports as written, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

POLICE REPORTS FOR APRIL THRU JUNE 2020: Chief Hepkins read the April thru June 2020 Police Report. Supervisor DeCarlo made a motion to approve the report as read, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

HIGHWAY SUPERINTENDENT REPORT: Superintendent Nolan read his June Report. Two plow trucks need to have springs replaced. He received pricing for the Kenworth and the International from 3 places. He wants to review everything and then submit the report. He is also looking to replace the tractor since the one they have is always breaking down. He is looking in to state bids. Ellsworth then talked about items for surplus. The list includes: Grader, Roller, Chevy Dump, Two old steel Fuel Tanks, Walk behind sweeps, Two old chain saws could go in the scrap pile, Oliver Tractor with Brush Hog, Ford Tractor with sweeper plus a pile of mixed stone 30-40 ton. A motion was made by Councilman Muffoletto to place the items listed as surplus, Supervisor DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

 

A motion was made by Supervisor DeCarlo to approve the quote for $1910, seconded by Councilwoman Marien. Roll Call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Councilwoman Ross-aye. 4 ayes, 0 nays. MOTION CARRIED.

 

He stated that he received prices for oiling and chipping our roads. He said there is about an $18,000 difference between Suit-kote and Midland. He received prices to do Versailles, Morley and Railroad and prices to do the Town Park. He said he will need 468 ton of stone from Gernatt. Councilwoman Ross asked if he had gotten anything about the chips recovery? He said he received a letter. He stated that we have about $25,000 coming.

 

The Superintendent then requested time to talk to the board about personnel issues. The Supervisor said they will go in to executive meeting at the end of this meeting.

 

Supervisor DeCarlo made a motion to accept the Highway report as read, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

 

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barb Daniel read her report from April - June. Supervisor DeCarlo made a motion to accept the report as read, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

 

PLANNING BOARD MINUTES: Secretary Ostrowski read the June Report. She stated that Omni Navitas Holdings LLC is looking to put up a solar farm on the Sager property on the corner of Rte 20 & 249. It was noted that if this is approved, the people in the town and businesses could subscribe to receive a 10% discount on their electrical costs. Supervisor DeCarlo moved to approve the report as read, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

ZONING BOARD OF APPEALS REPORT: No meeting held.

 

RECREATION DIRECTOR’S REPORT: No report.

 

PARKS COMMISSIONERS’ REPORT: No report.

 

TOWN HISTORIAN’S REPORT: No report.

 

FIRE COMPANY REPORTS: No report was given.

 

SENIORS REPORT: No meeting held.

 

NEW BUSINESS

Joseph Builders CDBG project: Supervisor DeCarlo said he met with Joseph Builders and Connie Miner our Grant Writer. Joseph said they are ready to get started but would like a check to cover the cost for supplies which is about $45,000. He has obtained a performance guarantee bond from Evans Agency for the project. He also submitted a payment bond as well. Supervisor DeCarlo made a motion to give a check of $45,000 to Joseph Builders, seconded by Councilwoman Giancarlo. Roll-Call vote was taken: Supervisor DeCarlo -aye, Councilwoman Giancarlo -aye, Councilman Muffoletto -aye, Councilwoman Marien -aye, Councilwoman Ross -aye. 5 ayes, 0 nays. MOTION CARRIED.

 

Summer Concert Series: Supervisor DeCarlo said we have about $600 left from our grant. He said we could add another band or when the grand opening of the Senior Building happens, have a ribbon cutting ceremony, have a band playing, a picnic, fireworks etc. Lynda Ostrowski said that money for the concert ads will be taken out of the $600 so there should be about $300 left.

 

The Town Hall Hours: The Town Hall is open regular hours. All visitors must wear a mask.

 

The Town Pool: The pool is open with social distancing requirements which would allow 50% capacity or 105 people max.

 

Approval of Lifeguards – Christopher Jakiel, Emily Gordon, Eliese Maybee, Nicole Logan, Amy Kistner: Supervisor DeCarlo made a motion to approve the pay rate of $12.00 per hour, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED. Supervisor DeCarlo made a motion to approve the names of Christopher Jakiel, Emily Gordon, Eliese Maybee, Nicole Logan and Amy Kistner as lifeguards, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED. Supervisor DeCarlo made a motion to approve the hourly wage of $13.00 per hour for the Head Lifeguard when appointed, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

Last payment on Parking Lot BAN: Supervisor DeCarlo said the last payment for the Parking Lot BAN has been made in the amount of $13,355.51.

Supervisor Office Hours: Supervisor DeCarlo will be in his office between 8 AM and 10 AM on Tuesdays and is also available everyday by email or phone. If more hours are needed, he will set another day.

Repair of Police Tahoe: Supervisor DeCarlo said there was a small issue with the Police Tahoe. It was taken to Triple J’s Collision for repair. The insurance said it won’t increase the rate. Chief Hepkins stated that other vehicles have been taken to Triple J’s and have done excellent work. It should be ready next week.

 

TOWN BOARD REPORTS:

 

Councilman Muffoletto: No Report

Councilwoman Marien: Councilwoman Marien mentioned E-Waste program. She said we should think about raising the fees. Allen said it costs us about $25 to have a tv removed. The Supervisor said he will put a financial report together for next year. Councilwoman Giancarlo mentioned that we used to have some of the money donated to a group like Cradle Beach. The Supervisor said they won’t do that anymore.

Councilwoman Ross: No Report

Councilwoman Giancarlo: No Report

Supervisor DeCarlo: No Report

 

RECOGNIZED PRIVILEGE OF THE FLOOR:

Jonathan Trasenski? [Clerk’s note: Did not sign in legibly] talked about our Police Officers. He said with what is happening around the country, our officers should have body cams on them. If that isn’t possible, he suggested to have a complaint form to fill out if and when there might be an issue. Councilman Muffoletto asked if there was an issue that happened. Jonathan stated there was and he would like to talk to the board about it. The Supervisor said they will set up a time to meet with him. He also suggested to have pictures of the police officers available because sometimes the names are not legible.

 

James Hooge, Chairman of the Board of Review, asked if the Board of Assessment was going to be paid for the meeting they held. The Supervisor stated that he told the Secretary that the issue was being taken to the Board for discussion and was decided that everyone would be paid. He stated that the meeting was not going to be held and told that to the secretary. The Supervisor stated that an ad was placed in the paper stating the meeting was going to be a virtual meeting and walk-ins were not allowed. Board of Review Member Joe Ostrowski asked about the link to the virtual meeting and that no one had the link to the meeting. Chairman Hooge stated that he had no idea how to start up a virtual meeting because he did not have that program. Following the discussion, the Supervisor did state that there was miscommunication and the board members would be paid.

Donald Hepkins, Chief of Police Town of Brant stated that there are pictures of our officers but they never have their names under them. He would prefer that we would look into that before we state it will be done for the protection of the officers. He said there are complaint forms available in the office and he answers the phone and texts. He also stated that he has spoken to the gentleman that spoke several times.

 

MEETINGS & CORRESPONDENCE:

The second July Sales Tax remittance is in. Current transfer is 15.71% below the corresponding 2019 amount. Year-to-date transfers are running 8.8% below last year at this time.

 

Abstract 7 of 2020.

Supervisor DeCarlo read Abstract 7 of 2020:

 

*Prepaid and unpaid as of 7/14/20 Total Claims $187,682.60

 

Gen Fund Town wide Vouchers Totaling: $33,228.90

Gen Fund – Part Town Voucher Totaling: $8,120.72

Highway T.W. Vouchers Totaling: $1,806.76

Highway P.T. Vouchers, Totaling: $2,042.10

Fire Protection: Vouchers: Totaling: $122,463.50

Street Lighting: Voucher Totaling: $4,363.12 (2 MONTHS)

H Capital Projects: Vouchers Totaling: $

Lotus Bay Sewer Dist. 1: Vouchers: $

Brant Farnham Sewer Dist: Vouchers: Totaling:

Brant Water Dist 1 (SS2&SW): – Totaling $15,657.50

Special Grant Fund: Totaling: $0

 

PAYROLL (3 payrolls):

General Town Wide Payroll 05/23/20 TO 7/4/20 – Totaling $75,139.45

General Part Town Payroll 05/23/20 TO 7/4/20 Totaling: $1,188.93

Highway Payroll TW 05/23/20 TO 7/4/20 Totaling: $0

Highway Payroll PT 05/23/20 TO 7/4/20 Totaling: $12,451.66

 

Supervisor DeCarlo motioned to approve Abstract 7 of 2020, seconded by Councilwoman Giancarlo. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilwoman Ross-aye. 5 ayes, 0 nays. MOTION CARRIED.

 

Councilman Muffoletto asked about the LED streetlight plans. The Supervisor stated that with COVID, he hasn’t heard anything but he will contact them and get a report so it can be finalized.

 

Supervisor DeCarlo mentioned that he filled out the paperwork from Assemblyman DiPietro’s Office for the $50,000 grant for the Highway so that should be coming soon. The grant is to have 2 culverts to be fixed.

 

Next meeting will be Tuesday, August 11, 2020 at 7:00 PM.

 

EXECUTIVE SESSION: Supervisor DeCarlo made a motion to go to executive session at 8:45pm to discuss highway, no action will be taken after, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo made a motion to close executive session at 9:27pm, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo motioned to adjourn the meeting in Memory of Ann Small. seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

 

Respectfully submitted by,

 

Barbara Daniel

Brant Town Clerk