MINUTES OF THE FEBRUARY 15, 2022 TOWN BOARD MTG
This Regular Meeting of the Brant Town Board was held on Tuesday, February 15th, 2022 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
Linda Giancarlo Councilwoman
Michael Muffoletto Councilman
William Trask, Sr. Town Attorney
Barbara Daniel Recording Secretary
ALSO PRESENT / SIGNED IN WERE:
Debra Ritz Resident
Brian Rott Resident
Donald Hepkins Police Chief
Joe Giancarlo Resident
Kristen Pudkulski Resident
Amanda Palmer Deputy Clerk
Haley Palmer Resident
The meeting opened at 7:00 PM.
THE MEETING OPENED WITH A PLEDGE TO THE FLAG
MINUTE APPROVAL JANUARY 4, 2022 ORGANIZATIONAL MEETING AND JANUARY 11, 2022 REGULAR TOWN BOARD MEETING: Councilwomn Giancarlo moved to accept the minutes of both Town Board meetings. Councilwoman Ross seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilwoman Ross motioned to approve the Supervisor’s financial report. Councilwoman Giancarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
BUDGET MODIFICATION: No Budget modifications were presented.
TOWN CLERK/TAX COLLECTOR’S DECEMBER 2021 FINANCIAL REPORT: Tabled
COURT CLERK’S DECEMBER 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’s December 2021, and was seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S November and December 2021 REPORT: Supervisor DeCarlo motioned to approve the November and December 2021 Dog Control Officer’s report. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT FOR JANUARY 2022: Chief Hepkins read his report. Councilwoman Ross and Marien asked the Chief to present them with the mileage and gas usage on each individual police car monthly. They explained their request is for the monthly mileage of each police car, and the amount of fuel it used for the month. The Chief stated that he will provide them a report monthly. Councilman Muffoletto motioned to approve the report as read, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S NOVEMBER 2021 REPORT: Gary Brecker read the November Code Enforcement Officer’s report. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.
HIGHWAY SUPERINTENDENT JANUARY 2022 REPORT: Councilwoman Ross presented the January Highway report. Supervisor DeCarlo motioned to accep the report a read, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK’S REPORT TO THE BOARD: The Town Clerk’s January Activity report was presented by the Town Clerk. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.
Planning Board discussion Continued: The report recommended the approval of a Special Use permit application for a car repair shop at 1770 Milestrip Road. The Town Board members had questions regarding the application which had been reviewed by the Planning Board. Upon asking the Town Attorney a question about the application, he noted this was the first time he heard of the application. Planning Board member Debra Ritz noted that the applicants did not show up for the meeting, and they were left with a lot of questions, such as where the repairs were going to be done, along with where the applicant lived. It was mentioned that they reside at the location (Norco Propane on Milestrip) but an audience member noted the applicants reside closer to the North Collins end of Milestrip. Debra questioned if the repairs would be on their own vehicles, or public vehicles.
Attorney Trask expressed frustration that he no longer gets correspondence from the Planning Board and until he understands the application, he will be unabe to advise the Town Board. He asked if the Planning Board did a site review? Were their any special conditions placed on the application. No public hearing can be set for this application until the Town Board understands what the application entails. Councilwoman Ross then read from a letter of recommendation that was with the Planning Board report. Supervisor DeCarlo will reach out to the Ostrowski’s. Attorney Trask also noted concern that any Special User permit application must have Part 1 of an EAF filed with the application so that the Planning Board can, initially, determine if anything else would be required under SEQR. Debra Ritz suggested the Town Board be given a list of questions to be answered regarding this application. Councilwoman Giancarlo noted that the Town Attorney should be getting a copy of everything before anyone else since his job is to protect the Town. Councilwoman Marien wants the Code Officer to attend meetings that include Special Use Permit application. Supervisor DeCarlo added that when the Town Board approved the Planning Board report as it was presented at this meeting, their approval in no way means they have approved the application that was mentioned in the report.
MARCH 8TH SPECIAL USE PERMIT PUBLIC HEARING DISCUSSION: Regarding the Special Use Permit application filed by Andrew Lonkey, the Town must allow 30 days from the time the ZR-1 was sent to Erie County Environment and Planning to act on the application during the March 8th public hearing.
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: Nothing presented.
FIRE COMPANY REPORTS: Nothing presented.
BRANT/FARNHAM SENIORS REPORT: Supervisor DeCarlo read the Senior’s February report. It was noted that August 3rd in the Senior picnic. The Supervisor motioned to approve the report and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER REPORT: Supervisor DeCarlo noted that the Code Officer was required to attend a Flood Plain meeting tonight. He requests his report be held until the end of each meeting from now on due to his needing time to get here after a Village meeting he must also attend. Supervisor then tabled the report until next month.
OLD BUSINESS:
REMINDER OF MARCH 8TH PUBLIC HEARING SET FOR 7:30 PM: Supervisor DeCarlo reminded the Board that a public hearing will be held on March 8th at 7:30 pm to consider the application of Andrew Lonkey for a Special Use Permit to operate an auto repair shop at 10936 Southwestern Blvd.
NEW BUSINESS:
AUTHORIZE SUPERVISOR TO SIGN THE 2022 STOP DWI CONTRACT: Supervisor DeCarlo noted that this is done annually. Councilman Muffoletto made the motion, and was seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
AUTHORIZE SUPERVISOR TO SIGN THE 2022 CONCERT GRANT AGREEMENT: Supervisor DeCarlo requested authorization to sign the Arts Services Cultural Services Agreement. The recent award was in the amount of $2,000 for the 2022 Monday Night Concert series. Coucilman Muffoletto motioned to approve the request, and was seconded by Coucilwoman Marien. 3 ayes, 2 abstained: Councilwoman Giancarlo (because she will be performing) and Supervisor DeCarlo (because he will be signing the contract). MOTION CARRIED.
AUTHORIZE SUPERVISOR TO SIGN FIREWORKS CONTRACT: Supervisor DeCarlo requested authorization to sign the 2022 Fireworks contract for $2,400.00 with Skylighters for a fireworks display that will be held at the Brant Summer Festival on Saturday June 18, 2022. A rain date of Satuday July 16, 2022 has been stipulated. Councilwoman Giancarlo noted that the bill is usually covered by GOYA. Councilman Muffoletto motioned to approve, and was seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.
AUTHORIZE SUPERVISOR TO SIGN THE 2022 FIRE CONTRACTS: Supervisor DeCarlo requested authorization to sign the Fire and Ambulance Contracts for 2022. The figures were already approved during the 2022 Budget process. Attorney Trask will draft the contracts with the new figures. Councilwoman Giancarlo motioned to authorize the Supervisor to sign the 2022 contracts, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
CONSIDER THE REQUEST FOR AN ADDITIONAL REQUEST FROM THE EVANS/BRANT GIRL’S SOFTBALL ORGANIZATION TO ADD THE USE OF THE REC BLDG ON TUESDAY ALSO FOR PRACTICE THROUGH MARCH 2022: The Evans/Brant Girls Softball team currently use the Recreation Bldg on Thursdays for practice sessions. To be able to split the bunch up a bit, they now ask to be able to use it on Tuesday’s also. Supervisor DeCarlo motioned to approve the additional day. Councilwoman Marien seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
DOG “STRAY HOLD” CHANGED FROM 5 DAY TO 3 DAY: The Town of Brant has been asked by NYS Ag & Markets that if they wish to house dogs for 5 days, the Town would need to change its stray hold to 3 days, which would result in a 5 day time frame. Therefore, the following resolution was presented:
WHEREAS, The Town of Brant currently requires a 5 day stray hold for unredeemed dogs,
WHEREAS, New York State Ag & Markets now defines a 5 days tray hold as follows:
Pick up date is considered day 0,
Day 1 begins the day after pick-up
Day 2, day 3, day 4
Day 5 ends at midnight
THEREFORE, this translates to the dog being physically sheltered for a total of 7 days. For example a dog picked up on Sunday is eligible for transfer to rescue or new ownership at 12:01 am on the following Saturday,
THEREFORE, to limit our stray hold time to a total of 5 days wherein the Town must physically shelter a stray dog, the Town of Brant now changes it’s stray hold time to three (3) days which will allow a 5 day physical hold time.
Supervisor DeCarlo motioned to approve the resolution as read, seconced by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
SEEK BIDS FOR SENIOR BLDG HVAC PROJECT: Supervisor DeCarlo advised that the specs for the HVAC system for the Senior Community Building have been completed by DJ Brown Engineering and the specs include Prevailing wage requirements. He reminded the Board that the earlier bid opening date had to be cancelled because they din’t have all the necessary items. With all items in place, he now wishes to set another bid opening date. Supervisor DeCarlo noted that this grant is contingent on approval from Erie County. Discussion regarding deadline for accepting bid requests began. The Supervisor’s Secretary responded that she had all the items completed as far as advertising in the minority paper (The Challenger) and the letters sent to the Minority groups. She added that the County has already approved everything. Supervisor DeCarlo then motioned to set March 29 at 12 noon to open the sealed bids. This date will allow time for Board review of the bids prior to the next Board meeting of April 12.
Supervisor DeCarlo motioned to accept March 29 at noon as the Bid Opening date. Councilwoman Marien seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
DISCUSSION OF CHANGING SHREDDING COMPANY: Supervisor DeCarlo noted that the Town’s current shredding company is charging $105/mo for a bin and a tote. He recently received a quote from for $68.00/mo for 3 bins from Lincoln Archives, the only NAID Certfied and bonded shredding company in the area. The company will perform on-site shredding for an additional $12.00. Supervisor DeCArlo said he will look into the possibility of them allowing a day for residents to come use the service. The Supervisor gave out copies of the bid to the Board members and stated they can review the quote and vote at the March 8th meeting. No vote was taken.
Meetings & Correspondence:
- The second February sales tax remittance is in. The current transfer is 26.51% greater than the corresponding 2021 amount. Year–to–date transfers are running 18.79% above last year at this time.
Supervisor DeCarlo advised that 2 executive sessions will be held at the end of the meeting One for Contractual and one for Personnel reasons. No actions will be taken afterwards.
RECOGNIZED PRIVILEDGE OF THE FLOOR:
Brian Rott of Brant Farnham Rd wants to know how many times the roads at the lake were plowed and who ordered it and why.
COMMITTEE REPORTS
- Councilwoman Ross: Informed that the Easter Egg hunt this year will be held on Saturday April 9th at 1 PM at the Town Park, rain or shine. If it rains it will be held indoors. Brian Rott asked the cost last year. It was noted that approximately $400 was spent last year. He then walked to the bench and donated $200 cash towards the event.
- Councilwoman Marien: Nothing to report
- Supervisor DeCarlo: Nothing to report
- Councilwoman Giancarlo: Asked everyone to keep Beth and Peter Czaster in their thoughts and prayers.
Supervisor DeCarlo read the Abstracts:
ABSTRACT 14 of 2021
*Prepaid and unpaid as of 02/15/22 Total Claims $13,579.23
Gen Fund Town wide Vouchers Totaling: $11,337.62
Gen Fund – Part Town Voucher Totaling: $33.86
Highway T.W. Vouchers Totaling: $129.99
Highway P.T. Vouchers, Totaling: $2,077.76
Streetlighting: Totaling: $
CD Special Grant Fund: Totaling: $
ABSTRACT 2 of 2022
*Prepaid and unpaid as of 2/15/22 Total Claims $154,725.06
Gen Fund Town wide Vouchers Totaling: $139,391.32
Gen Fund – Part Town Voucher Totaling: $168.64
Highway T.W. Vouchers Totaling: $11,505.08
Highway P.T. Vouchers, Totaling: $40.00
Street Lighting: Voucher Totaling: $3,620.02
Brant Water Dist 1 (SS2&SW): – Totaling $0
PAYROLL (3 pay periods):
General Town Wide Payroll 12/19/21-1/29/22 – Totaling $84,647.50
General Part Town Payroll 12/19/21-1/29/22 Totaling: $1,101.48
Highway Payroll TW 12/19/21-1/29/22 Totaling: $13,082.96
Highway Payroll PT 12/19/21-1/29/22 Totaling: $0
Supervisor DeCarlo motioned to approve Abstract 14 of 2021 and Abstract 2 of 2022, seconded by Councilwoman Marien. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilwomen Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Ross-aye, 5 ayes, 0 nays. MOTION CARRIED.
Next REGULAR Town Board meeting is Tuesday March 8, 2022 at 7 PM.
At 8:07 PM Supervisor DeCarlo motioned to enter executive session with no actions to follow, and adjourn the meeting in memory of George “Fritz” Morris III, Matthew Leverenz, and Sally Giambrone. Councilwomen Giancarlo seconded the motion. 5 ayes, 0 nays. MEETING ADJOURNED
At 8:43 Supervisor DeCarlo motioned to close the executive session, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.
Respectfully submitted by,
Barbara J. Daniel
Brant Town Clerk