This Regular Meeting of the Brant Town Board was held on Tuesday, September 14, 2021 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

Present were:

Donna Marien                                   Councilwoman/Acting Supervisor

Janice Ross                                         Councilwoman

Michael Muffoletto                        Councilman

William Trask, Sr.                              Town Attorney

Barbara J. Daniel                               Recording Secretary

Absent was:       Mark DeCarlo    Supervisor

                           Linda Giancarlo Councilwoman

ALSO PRESENT / SIGNED IN WERE:

Debra Ritz                                           Resident

Brian Rott                                            Resident

Donald HEPKINS                               Police Chief

Lynda Ostrowski                               Planning Board secretary

Joseph Ostrowski                             Planning Board Chairman

Allen Nolan                                         Building & Grounds Superintendent

Ellsworth Nolan                                Highway Super

Jeffrey Souder                                  Assemblyman DiPietro Office

The meeting opened at 7:00 PM.

THE MEETING OPENED WITH A PLEDGE TO THE FLAG

MINUTE APPROVAL August 10, 2021 TOWN BOARD MEETING: Councilman Muffoletto moved to accept the minutes of the August 10, 2021 Town Board meeting. Councilwoman Ross seconded the motion.  3 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman Muffoletto motioned to approve the Supervisor’s financial report.  Councilwoman Ross seconded the motion.  3 ayes, 0 nays.  MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S August 2021 FINANCIAL REPORT: Councilman Muffoletto motioned to accept the Town Clerk’s July 2021 Regular Financial Report, seconded by Councilwoman Ross.  3 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S AUGUST 2021 REPORT: Code Officer Gary Brecker presented his August report. He spoke about Lonkey, not ready for SUP. Planning Board spelled out what he needs for the rear of the building to be leveled, and retention pond needed.  Councilwoman Ross motioned to approve the reports as read, seconded by Councilman Muffoletto.  3 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S JULY 2021 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 July 2021, and was seconded by Councilwoman Ross.  3 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S JUNE & JULY 2021 REPORT: The Dog Control officer presented her June & July reports. DCO Mentioned that she is looking at hiring someone else to do the work on the kennel, rather than wait for Jason Joseph.  Councilman Muffoletto motioned to approve the report, seconded by Councilwomen Ross. 3 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT FOR JULY 2021: Chief Hepkins read. He added LPR as a new category on his reports- “License Plate Reader”. The police department is participating in the stop DUI Program. Please keep Vehicles locked at all times.   Councilwomen Ross made a motion to approve the report as read, seconded by Councilman Muffoletto.  3 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT AUGUST 2021 REPORT:  Ellsworth Nolan presented his report. He stated they have been clean inside the highway garage and also the other outside buildings to store town equipment in, they have been cleaning ditches. John deer tractor is in the shop being repaired, International is back from the shop.  He noted that Butch is requesting to come back part time at $18HR. When the Board did not make an action, he recommended hiring Peter Czaster to replace Butch’s old position. Councilwomen Ross motioned to approve the report, seconded by Councilmen Muffoletto.  3 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: The Town Clerk presented her August Activity report. The printer in the Town Clerk’s office needs to be looked at and since we are no longer under contract, the company said we were looking at around $500 since the hourly rate is $150 an hour to diagnose and repair it.  She will seek other options. 

The Town Clerk then addressed a resolution attached to her August report.  Her request was for the  Brant Town Board to formally show support and for Action No. T10-2021PF as adopted by Cattaraugus County.  She would like to share the same Resolution with other Towns and Erie County Legislators. 

[clerk’s note: The full text of the Resolution was not read aloud at the Board meeting but is listed below for those interested in the content of the resolution the Town Board has chosen to support]:

ACT NO. T10-2021PF                                                 by Mrs. Andreano, Mr. Benson, Mrs. Hunt,

                                                                                           Mr. Morrow, Ms. Schröder and Mr. Snyder

OPPOSING INFRINGEMENTS ON THE INALIENABLE RIGHTS OF THE PEOPLE AND

DECLARING CATTARAUGUS COUNTY A CONSTITUTIONAL COUNTY AND AMENDING THE MISSION STATEMENT OF THE COUNTY TO CONFORM THEREWITH

Pursuant to Section 153 of the County Law.

I.                             WHEREAS, members of the Cattaraugus County Legislature, being elected to represent the people of Cattaraugus County, are duly sworn by their oath of office to uphold the Constitution of the United States and the New York State Constitution and Laws, including the New York State Civil Rights Law, and

II.                            WHEREAS, the Cattaraugus County Legislature is determined to stand as a Constitutional County to protect the rights provided to its citizens under the U.S. Constitution and its amendments, and

  III.                          WHEREAS, such protections will extend to rights specifically enumerated in the Constitution and its amendments, including, but not limited to, rights to freedom of expression, speech, association, religion, press and petition, the right to keep and bear arms, the right to protection of person and property from government overreach and the right not to be deprived of life, liberty or property without due process of law, and

IV.                             WHEREAS, such protections will also extend to all other rights neither enumerated in the Constitution nor its amendments, but which exist alongside the same as inalienable, basic, fundamental rights that are so deep rooted in our society that they are deserving of protection from governmental infringement and are thus protected by the Ninth Amendment, including, but not limited to, the right to equality, liberty and the pursuit of livelihood and happiness, and

V.                            WHEREAS, the Cattaraugus County Legislature wishes to express its profound commitment to the rights of all citizens of Cattaraugus County to keep and bear arms and proclaim that it is determined to stand as a Constitutional County that recognizes, respects and upholds Second Amendment rights, and states that it will use all legal means at its disposal to oppose, within the limits of the Constitution of the United States and the Civil Rights Law of the State of New York, any efforts to unconstitutionally restrict such rights in order to assure that its citizens will be able to keep and bear arms and use the same in defense of life, liberty and property, whether in a well-regulated militia, or individually, and

VI.                           WHEREAS, the Cattaraugus County Legislature stands and will continue to stand in strong opposition to any law that would unconstitutionally restrict, or infringe upon, the above recognized rights, and                                                   

VII.                         WHEREAS, the goal statement on the Cattaraugus County webpage (www.cattco.org/ government) currently states:  “The goal of County government and the County Legislature is to provide the traditional role as an arm of State government, while also taking a more non-traditional role which seeks to establish the County as an agency that analyzes service needs, sorts them in an orderly manner, and realigns and consolidates services so they may be performed most effectively and financed most economically”, and

XII.                         WHEREAS, this current mission (goal) statement fails to recognize the Constitutional, historical, and rightful role of the Legislature to act as a check and balance upon not only local executive and judicial branches, but upon the State government itself, and

XIII.                        WHEREAS, this current mission (goal) statement fails to recognize the Constitutional, historical, and rightful role of the legislature as a voice of the People of Cattaraugus County and a guarantor of their liberties, now, therefore, be it

I.                             RESOLVED, that the mission (goal) statement shall be revised to state:  “The goal of the Cattaraugus County Government is to support and respect the Constitution of the United States of America and its amendments, and to provide essential services financed most economically to its citizens.  Also, it is to establish an environment in which the citizens of Cattaraugus County can pursue life, liberty, and happiness unencumbered by excessive and oppressive governmental mandates and intrusions into their day-to-day lives.  The goal of the government of this County is to uphold the freedoms enshrined in the Bill of Rights.  The County Legislature recognizes that governments in the United States of America - at all levels - are to be restrained and limited and that the power of government resides in the people.  The Legislators of this County, accept with humility and gratitude the reality that they serve at the consent of the governed and at the will of the people.  The Legislators believe in the rule of law, equality before the law, due process, private property protections, and the rights of citizens to pursue their livelihoods without excessive governmental oversight.   Wherever possible, the Legislature will encourage local solutions, local funding, and creative approaches to the problems our community encounters.  The Legislature stands as a protector between the citizens of this County and the tendency of governments at state and federal levels to advance into territory not their own and consume, rather than secure, the liberties endowed to the people by the Constitution and the Bill of Rights.  The County’s guide and standard will be the Constitution of the United States and the Founding Documents upon which our Nation, our State, and the local communities of Cattaraugus County are built”, and be it further

II.           RESOLVED, that the Cattaraugus County Legislature hereby expresses its intent to uphold all such rights of the citizens of Cattaraugus County and that public funds, resources, employees, buildings or offices not be used to restrict such rights or to aid or assist in the enforcement of any unconstitutional restriction of the rights granted under the Constitution or its Bill of Rights (such constitutionality to be determined by the Courts), and be it further

III.                           RESOLVED, that the Cattaraugus County Legislature recognizes that Government must be limited and that the people must be free from unnecessary and arbitrary Governmental overreach and intrusions, and be it further 

IV.                          RESOLVED, that the Cattaraugus County Legislature hereby declares Cattaraugus County, New York, a Constitutional County, unwavering in their commitment to protect the constitutional rights of its citizens.

The Brant Town Board then requested the Town Clerk present a resolution to show their support of the above resolution as adopted by Cattaraugus County legislators.

The resolution presented by the Town Clerk as follows: 

WHEREAS the Town of Brant Supports the Resolution adopted by the Cattaraugus County Legislators – Act No. 329-2021 Opposing infringement on the Inalienable Rights of the People and Declaring Cattaraugus County a Constitutional County and Amending the Mission Statement to the County to Conform therewith. 

THEREFORE, the Town of Brant Town Board would like to express their support for this resolution.

Councilman Muffoletto motioned to adopt the resolution as presented, seconded by Councilwoman Ross.  3 ayes, 0 nays.  RESOLUTION ADOPTED.

PLANNING BOARD MINUTES: Lynda Ostrowski read the report. Councilwomen Ross motioned to approve the report, seconded by Councilman Muffoletto.  3 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD OF APPEALS REPORT: No meeting was held.

RECREATION DIRECTOR’S REPORT: Pool is now closed.  No report presented.

PARKS COMMISSIONERS’ REPORT: The parks commissioner’s report for August was not read aloud but will be available for review in the Town Clerk’s office.  Councilman Muffoletto motioned to approve the report as presented, seconded by Councilwoman Ross.  3 ayes, 0 nays.  MOTION CARRIED.

TOWN HISTORIAN’S REPORT:  Patty Friend read her August report. Purchased journals and a military poster.  The bank balance is $1,964.15. There was a donation of the Erie County book which includes Brant. Councilman Muffoletto motioned to approve the report, seconded by Councilwomen Ross.  3 ayes, 0 nays. MOTION CARRIED.

FIRE COMPANY REPORTS: No report given. We will be discussing upcoming contracts. We should have something by the next meeting.

BRANT/FARNHAM SENIORS REPORT:  Lynda Ostrowski read the report. Christmas lunch will be held at the Colony House, more info to follow.  Councilman Muffoletto motioned to approve the report, seconded by Councilwomen Ross.  3 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS. No old business was presented.

NEW BUSINESS

ANNUAL AGRICULTURAL LAND INCLUSION NOTICE:  Councilwoman Marien/Acting Supervisor read the public notice regarding agricultural district annual enrollment period.  Per New York State Agriculture and Markets Law Section 303-b, the Erie County Legislature designated September 1 through September 30 as the annual thirty-day period during which landowners may submit requests to include predominantly viable agricultural land into an existing certified agricultural district.   Copies of the application form are available at the Town Clerk’s Office.

SET PUBLIC HEARING CDBG: A public hearing will be held on Oct 12, 2021 at 7:30pm regarding the application for the use of Federal Community Development Block Grant funds in the town.   Councilman Muffoletto motioned to approve setting October 12 at 7:30 pm for the public hearing, seconded by Councilwomen Ross.  3 ayes, 0 nay. MOTION CARRIED.

COMMITTEE REPORTS

Councilwoman Muffoletto:  Youth football, there were reports of dangerous steel & trash setting behind the garage building.  At this time, it has been cleaned up.

Councilwoman Marien: Last Month for e-waste

Councilwoman Ross:  nothing to report

RECOGNIZED PRIVILEGE OF THE FLOOR:

Jonathon Treznewski: Had a complaint about the police department.

Peter Igielinski: Thanked the board for recent correspondence. His wife will try to have speed limit reduced Versailles Plank Rd between Milestrip & Rt. 249.  It was noted that it is Town Rd.  This request will be addressed on the October Agenda.

Chief Hepkins: Advised the board know that an officer will be at the park on Saturday’s during football games, Councilwomen Marien mentioned speed bumps for the park.

MEETINGS & CORRESPONDENCE:

SALES TAX REPORT:  The second September sales tax remittance is in.  The current transfer is 22.66%  greater than the corresponding 2020 amount.  Year to date transfers are running 28.45% above last year at this time.

Acting Supervisor Donna Marien read the Abstract:

ABSTRACT 9 of 2021

*Prepaid and unpaid as of 9/14/21 Total Claims $ 111,100.99

Gen Fund Town wide Vouchers Totaling: $ 26,665.89

Gen Fund – Part Town Voucher Totaling: $ 64,503.55

Highway T.W. Vouchers Totaling: $ 2,668.19

Highway P.T. Vouchers, Totaling:  $ 3,293.19

CD Special Grant Fund: $

Street Lighting:  Voucher Totaling:  $2,440.17

SF Fire Protection Vouchers: $ 11,530.00

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

PAYROLL (2 payrolls)

General Town Wide Payroll 8/1/21-8/28/21 – Totaling $ 78,409.12

General Part Town Payroll   8/1/21-8/28/21 Totaling:  $ 712.96

Highway Payroll TW 8/1/21-8/28/21 Totaling:  $

Highway Payroll PT 8/1/21-8/28/21  Totaling:  $ 7,461.44

Councilman Muffoletto motioned to approve Abstract 9 of 2021, seconded by Councilwoman Ross. A roll-call vote was taken: Councilman Muffoletto-aye, Councilwoman Ross-aye, Councilwoman marien aye, Councilwoman Marien-aye.  3 ayes, 0 nays.  MOTION CARRIED.

The next Board meeting will be Tuesday, October 12, 2021 at 7:00 PM.

At 7:52 PM Councilman Muffoletto motioned to adjourn the meeting in memory of Francis Paulucci, Edward “Tex” Davis and Hubb Frawley, seconded by Councilwomen Ross. 3 ayes, 0 nays.  MEETING ADJOURNED

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk