This Regular Meeting of the Brant Town Board was held on Tuesday, October 12, 2021 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

Janice Ross                                         Councilwoman

Michael Muffoletto                        Councilman

Linda Giancarlo                                 Councilwoman

William Trask, Sr.                              Town Attorney

Barbara J. Daniel                               Recording Secretary

ALSO PRESENT / SIGNED IN WERE:

Debra Ritz                                           Resident

Donald Hepkins                                 Police Chief

Lynda Ostrowski                               Planning Board secretary

Allen Nolan                                         Building & Grounds Superintendent

Ellsworth Nolan                                Highway Super

Chad Kaczmarek                               Town Justice

Patty Friend                                        Town Historian

Seraphino Giancarlo                        Resident             

Dolly Huffnagle                                 Farnham Trustee

Yvonne Heller                                    Farnham Trustee

Amanda Palmer                                Deputy Town Clerk

Beth Czaster                                       Resident

Peter Czaster                                     Highway

Daryl Novoa                                       Highway              

Peter Igielinski                                   Resident

Tracy Kaczmarek                              Supervisor’s Secretary

Neil Ross                                              Resident

The meeting opened at 7:00 PM.

THE MEETING OPENED WITH A PLEDGE TO THE FLAG

MINUTE APPROVAL September 14, 2021 TOWN BOARD MEETING: Councilman Muffoletto moved to accept the minutes of the September 14, 2021 Town Board meeting. Councilwoman Marien seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman Giancarlo motioned to approve the Supervisor’s financial report.  Councilwoman Muffoletto seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S September 2021 FINANCIAL REPORT: Supervisor DeCarlo motioned to accept the Town Clerk’s September 2021 Regular Financial Report, seconded by Councilman Muffoletto.  5 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S SEPTEMBER 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 September 2021, and was seconded by Councilwoman Marien.  5 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S September 2021 REPORT: Gary was unable to attend meeting due to a hearing elsewhere. Councilwomen Giancarlo read the report.  Supervisor DeCarlo motioned to approve the reports as read, seconded by Councilwomen Ross.  5 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S August & September 2021 REPORT: The Dog Control officer presented her August & September reports. Stray dog at the kennel went to a rescue group. Waiting for a quote from the Amish to insulate the kennel. Supervisor DeCarlo motioned to approve the report, seconded by Councilwomen Marien. 5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT FOR September 2021: Chief Hepkins read his report. He mentioned that he has 2 officers that are resigning, Nicolette Pinto. Supervisor DeCarlo made a motion to approve the report as read, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays.  MOTION CARRIED 
 

HIGHWAY SUPERINTENDENT September 2021 REPORT:  Ellsworth Nolan presented his report. He mentioned that the pond behind the highway garage needs to be cleaned out. The dry hydrant is not working. He also advised the Town Board that if residents see Town equipment at Councilwoman Marien’s house, it is being repaired by Tim Marien. Supervisor DeCarlo motioned to approve the report, seconded by Councilmen Muffoletto.  5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: The Town Clerk presented her September Activity report.

Supervisor DeCarlo motioned to accept the report as presented, seconded by Councilwoman Ross.  5 ayes, 0 nays.

PLANNING BOARD MINUTES: No meeting was held.

ZONING BOARD OF APPEALS REPORT: No meeting was held.

RECREATION DIRECTOR’S REPORT: No report presented.

PARKS COMMISSIONERS’ REPORT: No report presented.

TOWN HISTORIAN’S REPORT:  Patty Friend read her September report. She advised that the October 16^th meeting is canceled. Supervisor DeCarlo motioned to approve the report, seconded by Councilwomen Marien. 5 ayes, 0 nays. MOTION CARRIED.

BRANT/FARNHAM SENIORS REPORT:  Janice Ross read the report. Supervisor DeCarlo motioned to approve the report, seconded by Councilwomen Marien. 5 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS. No old business was presented.

NEW BUSINESS:

The tentative Budget will be available in the Town Clerk’s office this week. The preliminary budget hearing is scheduled for October 26^th @ 6:00 pm.

Trick or Treat hours are from 6-8 pm on October 31st. Supervisor DeCarlo motioned to approve the report, seconded by Councilwomen Marien. 5 ayes, 0 nays. MOTION CARRIED.

Trunk or Treat is set for October 31^st from 4-6pm in the Town Hall parking lot.

Custodian Allen Nolan advised the Supervisor to reach out to Sammy Sicurella to repair the Christmas lights on the tree out front in time for Christmas.

Motion to accept the resignations Officers Nicolette Pinto and Timothy McIntyre. Supervisor DeCarlo motioned to approve the resignations, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

Public Hearing: Town Clerk read the legal notice at 7:30 pm:

TOWN OF BRANT

LEGAL NOTICE OF PUBLIC HEARING

THE TOWN OF BRANT will hold a public hearing on Tuesday, October 12, 2021 at 7:30 PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant.

THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended. 

THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant.

CITIZENS ARE URGED to attend this meeting to make known their views and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.

THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible.  Those needing special arrangements should call the Town of Brant at (716) 549-0282, ext. 2.

October 2, 2021

By order of the Brant Town Board

Barbara J. Daniel, Brant Town Clerk

Supervisor DeCarlo motioned to open the public hearing, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays.  MOTION CARRIED.

Discussion included: Supervisor DeCarlo noted that that the Town Board had submitted a request last year for a discussed putting in a basketball/pickleball court on the Town Hall property to be located between the existing playground and the front of the property. He noted the cost would be approximately $130,000 tentatively, but we would ask mostly grant money and some in-kind work by Highway or Parks.  He asked if anyone present had any comments or suggestions.  Village Trustee Dolly Huffnagle advised the Town Board that when the Village received their grant, they were notified that an archaeological survey was required before the project could be done.  She added this was why their project has taken so long.

Supervisor DeCarlo then motioned to close the public hearing, seconded by Councilwoman Marien.  5 ayes, 0 nays.  MOTION CARRIED.

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The Town Clerk read the proposed resolution:

Erie County Community Development Block Grant Requests

At a Regular Meeting of the Brant Town Board Erie County, New York, Held at the Brant Town Hall, 1272 Brant North Collins Road, New York on the 12^th day of October 2021 at 7:30 PM Eastern Prevailing Time, there were:

Present: Supervisor DeCarlo, Councilman Muffoletto, Councilwomen Giancarlo, Councilwomen Ross and Councilwomen Marien

Supervisor DeCarlo moved the following Resolution and moved its adoption:

WHEREAS, following the Public Hearing of October 12, 2021, which was held at the Brant Town Hall for suggestions by the public for projects to be submitted for funding, and in consideration thereof,

NOW, THEREFORE BE IT RESOLVED; the Brant Town Board submits the following projects to be considered for funding by the Erie County Community Development Block Grant Program during the 2022-23 grant cycle:

• 1^st Priority- Brant Town Hall Recreation Improvements requesting $100,000 in CDBG funds; and

• 2^nd Priority Rural Transit Service

NOW THEREFORE BE IT RESOLVED, that the Brant Town Board authorizes Mark J. DeCarlo, Town Supervisor, to sign, submit and if funded, execute a contract with Erie County Community Development Block Grant (ECCDBG) Program for Brant Town Hall Recreation Improvements & Rural Transit Service upon approval of the ECCDBG.

NOW THEREFORE BE IT FURTHER RESOLVED, the Brant Town Board provides matching funds using a 25% match using cash and in-kind services from the Town’s contingent line item, A1990.4 and using the Parks Personnel Services line item A7110.1.

Seconded by Councilwomen Giancarlo and put to a vote which resulted as follows:

Supervisor DeCarlo                          voting                   Aye

Councilwoman Giancarlo              voting                   Aye

Councilman Muffoletto                 voting                   Aye

Councilwoman Marien                   voting                   Aye

Councilwoman Ross                        voting                   Aye

                                                                                                                RESOLUTION ADOPTED

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PRELIMINARY BUDGET HEARING:  Supervisor DeCarlo motioned to schedule a public hearing for the Preliminary Budget during our regular November 9^th Town Board meeting at 7:30 pm.  Councilwoman Marien seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

PUBLIC HEARING LOCAL LAW #3-2021:  Supervisor DeCarlo then motioned to schedule a public hearing for November 9^th at 7:45 PM for proposed Local Law #3-2021 Re: Opting out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites for November 9, 2021 at 7:45 PM.  A packet was given to all Board members to review. If you don’t adopt this law to opt out by December 31^st you will not have the option of opting-out in the future.   Attorney Trask stated that if they do pass this law, you are opting out of having dispensaries or places of On-Site Consumption in Town, but you do have the ability to repeal that law if you wish to have them in the future.  Supervisor DeCarlo asked about zoning laws.  He asked if they don’t opt-out, could they restrict these places by the Town’s zoning laws.  Trask answered yes, if you decide to allow dispensaries and On-Site Consumption in the Town, they do have to conform with the Town’s zoning codes, but NYS law states cannabis law is pretty clear that you cannot have any unreasonable restrictions.  Councilman Muffoletto seconded the motion to schedule the public hearing for 7:45 pm on November 9^th during the regular Town Board meeting.  5 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING FOR LOCAL LAW #4-2021: Supervisor DeCarlo motioned to set a public hearing for Local Law #4-2021 at 8:00 pm on November 9^th, 2021.  The proposed law would allow the Town to “Override the Tax Cap” when adopting the budget on November 9^th.  Councilwoman Ross seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

APPOINTMENT OF BOARD OF ASSESSMENT AND REVIEW MEMBER: Supervisor DeCarlo motioned to appoint Joseph Ostrowski as member of the Board of Assessment and Review Board for a five-year term to run from October 2021 to September 2026.  Councilwoman Ross seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

APPOINTMENT OF ALTERNATE MEMBERS OF THE BOARD OF ASSESSMENT AND REVIEW: Supervisor DeCarlo motioned to approve the appointment of Janet Bowman and Frank Broughton for a one-year term as Board of Assessment and Review Board Alternate members.  Councilwoman Giancarlo seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

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RESOLUTION TO AUTHORIZE THE BRANT TOWN COURT TO APPLY FOR JCAP GRANT FUNDING:  Councilwoman Janice Ross presented a resolution that would authorize the Brant Court to apply for special grant funding:

RESOLUTION TO AUTHORIZE THE BRANT TOWN COURT TO APPLY FOR JCAP FUNDING

WHEREAS it is through the Brant Town Court that the Town of Brant can apply for funding from the Justice Court Assistance Program;

BE IT RESOLVED: The Board of the Town of Brant authorizes the Brant Town Court to apply for a JCAP grant in the 2021-22 grant cycle up to $30,000.

Supervisor DeCarlo motioned to adopt the resolution as presented, seconded by Councilwoman Marien. 

The resolution was put to vote:

Supervisor DeCarlo                          voting                   Aye

Councilwoman Marien                   voting                   Aye

Councilwoman Giancarlo              voting                   Aye

Councilman Muffoletto                 voting                   Aye

Councilwoman Ross                        voting                   Aye

                                                                                                                RESOLUTION ADOPTED

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SPEED LIMIT REDUCTION FOR THE TOWN PORTION OF VERSAILLES PLANK ROAD:

Supervisor DeCarlo reminded the Board about the speed limit reduction from 55 mph to 45 mph requested by Peter Igielinski at the September meeting. The following resolution will be presented to Erie County & New York State DOT for review, and approval.

RESOLUTION AS PRESENTED:

WHEREAS, the Town of Brant is a Town of the second class with a population under 50,000; and

WHEREAS, the County Road section of Versailles plank Road has a speed limit of 45MPH, the town portion of Versailles plank road between the reservation line and Brant North Collins Road has a speed limit of 55 MPH,

BE IT RESOLVED that the Town of Brant, the Brant Town Board does hereby request the NYS Department of Transportation pursuant to section 162.2 of penal and traffic law to establish a lower maximum speed of 45mph at vehicles which may proceed on Versailles Plank Road, a Town road between the Reservation line and Brant North Collins Road.

BE IT FURTHER RESOLVED that the town board will submit this reduction & speed request to the Erie County Highway Superintendent Commissioner of Public Works & NYS DOT.

Councilmen Muffoletto motioned to adopt the resolution as presented, seconded by Councilwoman Giancarlo.  The resolution was put to vote:

Councilmen Muffoletto                 voting                   Aye

Councilwoman Giancarlo              voting                   Aye

Councilwoman Marien                   voting                   Aye

Councilwomen Ross                       voting                   Aye

Supervisor DeCarlo                          voting                   Aye

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The Comprehensive Broadband Connectivity Act enacted in May 2021 requires the Public Service Commission to study the availability, reliability and cost of high-speed internet services in NY. They are asking for town residents to take their 10-minute online survey, www.empirestatebroadband.com . flyers are on the table and will be displayed in the town hall and the town clerk’s office.

ENTER EXECUTIVE SESSION: At 7:51 PM Supervisor DeCarlo made a motion to go into executive session for contractual & employment, seconded by Councilwomen Marien, 5 ayes, 0 nays. MOTION CARRIED.

CLOSE EXECUTIVE SESSION: At 8:06 PM Supervisor DeCarlo made a motion to close executive session, seconded by Councilwomen Marien, 5 ayes, 0 nays. MOTION CARRIED.

APPROVAL TO HIRE PETER CZASTER: Supervisor DeCarlo made a motion to Hire Peter Czaster as full time Motor Equipment Operator for the Town of Brant Highway Department at $18 per hour full time, seconded by Councilmen Muffoletto. A Roll call vote was taken:  

Supervisor DeCarlo                         voting                   Aye

Councilmen Muffoletto                 voting                   Aye

Councilwomen Giancarlo              voting                   Aye

Councilwomen Marien                  voting                   Abstained

Councilwomen Ross                        voting                   Aye

Motion Carried

COMMITTEE REPORTS

                Councilwoman Marien: Attended the Associates Government Meeting- they will also Help us

 with land locked Property.  She noted that her and Councilwoman Ross

looked into the LED street lights for the whole Town.  She stated she

would like all bright lights.  The dimmer lights are too yellow. 

Supervisor DeCarlo reminded the Town Board that the Resolution that

approved the installation was already sent to National Grid.

Councilwoman Muffoletto: Spoke with Brant, North Collins & Farnham Fire Departments, and the ambulance regarding next year’s budget.

Councilwoman Ross:  Nothing to report.

Councilwomen Giancarlo: Summer festival total spent by the Town was $769.95 main cost was penny saver ads & tents & chairs. Thank you, Donna Malecki for donating the Basket of Cheer this year in honor of her late husband Ed Malecki, it brought in $1,135.  It was noted that Donna and her husband have been helpful every year with the Brant Summer Festival.  Also, noted were the dates for the 2022 Summer Festival.  Father’s day weekend Friday and Saturday.

RECOGNIZED PRIVILEGE OF THE FLOOR:

Mike Donlan of Lotus Point Road: He talked about dirt bike’s and 4-wheelers coming down Lotus Point Rd and blowing donuts on his property. Complained about police department. He had $2,000 in damages done to property in connection with the Criminal Mischief.  Brant Police won’t return calls.  Supervisor DeCarlo will contact him.

MEETINGS & CORRESPONDENCE:

SALES TAX REPORT:  The first October sales tax remittance is in.  The current transfer is 13.78% below  the corresponding 2020 amount.  Year to date transfers are running 20.58% above last year at this time. The current reduction is not unexpected. There has been an anticipated upstate/downstate reconciliation.

 Supervisor DeCarlo read the Abstract:

ABSTRACT 10 of 2021

*Prepaid and unpaid as of 10/12/21 Total Claims $ 33,716.35

Gen Fund Town wide Vouchers Totaling: $ 18,688.26

Gen Fund – Part Town Voucher Totaling: $ 8,772.17

Highway T.W. Vouchers Totaling: $ 2,420.71

Highway P.T. Vouchers, Totaling:  $ 903.41

CD Special Grant Fund: $

Street Lighting:  Voucher Totaling:  $2,931.80

SF Fire Protection Vouchers: $

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

PAYROLL (2 payrolls)

General Town Wide Payroll 8/29/21-9/25/21 – Totaling $ 55,118.37

General Part Town Payroll   8/29/21-9/25/21 Totaling:  $ 712.96

Highway Payroll TW 8/29/21-9/25/21 Totaling:  $

Highway Payroll PT 8/29/21-9/25/21 Totaling:  $ 3,513.70

Supervisor DeCarlo motioned to approve Abstract 10 of 2021, seconded by Councilwoman Marien. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilwoman Giancarlo aye, Councilmen Muffoletto-aye, Councilwomen Ross-aye 5 ayes, 0 nays.  MOTION CARRIED.

The next Board meeting will be Tuesday, November 9,2021 at 7:00 PM.

At 8:20 PM Supervisor DeCarlo motioned to adjourn the meeting in memory of Charles Joy & Ed Malecki seconded by Councilmen Muffoletto. 5 ayes, 0 nays.  MEETING ADJOURNED

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk