This Regular Meeting of the Brant Town Board was held on Tuesday, May 10^th, 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

Diane Czyz                                          Recording Secretary

ALSO PRESENT AND LEGIBLY SIGNED IN WERE:

Donald Hepkins                                 Police Chief

Ellsworth Nolan                                Highway Superintendent

Allen Nolan                                         Caretaker

Tracy Kaczmarek                              Supervisor’s Secretary

Brian Rott                                            Resident

Debra Ritz                                           Resident/Planning Board member

Lynda Ostrowski                               Planning Board Secretary

Joseph Ostrowski                             Planning Board Chairman

Patty Friend                                        Town Historian

Diane Poleon                                     Police Applicant

Kathy Nerger                                     Visitor

Joyce Ellis                                             Resident

Chad Kaczmarek                               Town Justice

The meeting opened at 7:00 PM.

THE MEETING OPENED WITH A PLEDGE TO THE FLAG

MINUTE APPROVAL April 19, 2022 REGULAR TOWN BOARD MEETING: Councilwoman Ross motioned to approve the minutes,  seconded by Supervisor DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

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

BUDGET MODIFICATION:  Supervisor DeCarlo presented the Budget modifications as of December 31, 2022. 

Supervisor DeCarlo motioned to accept the Budget mods as presented, seconded by Councilwoman Ross.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Ross-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S March 2022 FINANCIAL REPORT: Supervisor DeCarlo motioned to accept the Town Clerk’s Financial Report for March 2022, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S MARCH 2022 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilwoman Ross motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek’s for March 2022, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S  REPORT: TABLED

POLICE REPORT FOR April 2022: Chief Hepkins read his report.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo and Councilman Muffoletto.  5 ayes, 0 nays. MOTION CARRIED.

APPROVAL OF INTERNSHIP (POLICE DEPARTMENT ASSISTANT):  Chief Hepkins asked for approval of an internship for Trinnity Palmer as an assistant to the police department.  She will work 130 hours between June-August.  Her pay will be covered by the Business & Finance Academy at the high school. The board approved pending approval from the Towns insurance company. Supervisor DeCarlo made the motion to approve the request, seconded by Councilman Muffoletto. 5 Ayes, 0 nays. Motion Carried.

APPOINTMENT OF NEW PATROLMAN:  Chief Hepkins asked for approval to hire new Patrolman David A. Poleon at a rate of pay of $24/hr with a 6 month probation period, Supervisor decarlo made the motion, Seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT April 2022 REPORT:  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Ross.  5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD MINUTES:  Councilwoman Ross read the report.  Councilman Muffoletto motioned to approve the Planning Board minutes, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: No report

RECREATION REPORT: No recreation report presented.

TOWN CLERK’S REPORT TO THE BOARD: Deputy Town Clerk Diane Czyz read the report.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

PARK COMMISSIONER’S REPORT: No report

TOWN HISTORIAN REPORT: Patty Friend read her report.   Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

BRANT SENIOR’S REPORT:  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER REPORT FOR April 2022: Gary Brecker read his report. :  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS:

RESOLUTION: Supervisor DeCarlo presented the following resolution:

RESOLUTION – May 10, 2022 Town of Brant

10 NYCRR (NEW YORK CODES, RULES AND REGULATIONS)

2.13 Isolation and Quarantine Procedures (Effective 4/22/2022)

WHEREAS, Despite the expiration of New York State’s Disaster Emergency on June 24, 2021, and the concurrent expiration of the extraordinary authority it granted to the Executive to take measures to contain the spread of the COVID-19 virus, the Governor and the New York State Department of Health have continued to promulgate emergency regulations of far-reaching scope through the agency rulemaking process in violation of the NYS Administrative Procedure Act (“SAPA”), and

WHEREAS, bill A-416 entitled: “AN ACT to amend the public health law, in relation to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health” was proposed for several years in Assembly and failed to garner any support at all, and

WHEREAS, the New York State Department of Health took matters into their own hands, and adopted 10 NYCRR 2.13 Isolation and Quarantine Procedures, effective 4/22/2022, as an emergency regulation, with the intent to make it permanent, and

WHEREAS, emergency regulation 10 NYCRR 2.13 Isolation and Quarantine Procedures (a4) endows the Dept. of Health Commissioner with the power to force people diagnosed or exposed to a communicable disease to be removed from society (by isolation, quarantine, detention) into a “residential or temporary housing location that the public health authority issuing the order determines appropriate,” of which the location could be anywhere and that time frame could be any number of days, weeks, months or years, and

WHEREAS, emergency regulation 10 NYCRR 2.13 Isolation and Quarantine Procedures (c2) empowers the Dept. of Health Commissioner to monitor the person being forcibly held and coordinate with local law enforcement to ensure compliance, and

WHEREAS, emergency regulation 10 NYCRR 2.13 Isolation and Quarantine Procedures (d) empowers the Dept. of Health Commissioner to prevent a property owner from entering their property if it is being used as a quarantine facility location, and

WHEREAS, emergency regulation 10 NYCRR 2.13 Isolation and Quarantine Procedures (f) establishes civil and criminal penalties if the citizen violates the health authority’s order.  Each day a separate infraction, and

WHEREAS, emergency regulation 10 NYCRR 2.13 Isolation and Quarantine Procedures (g1) every attending physician shall immediately, upon discovering a case or suspected case of a highly contagious reportable communicable disease, cause the patient to be appropriately isolated and contact the State Department of Health and the local health authority where the patient is isolated and, if different, the local health authority where the patient resides, and

WHEREAS, emergency regulation 10 NYCRR 2.13 Isolation and Quarantine Procedures, places the decision-making power into the hands of one person to decide the fate of 19 million New Yorkers as far as who can live their life freely and who can be pulled from the privacy of their home, workplace, school, etc. without notice and removed from society for an arbitrary and indefinite amount of time, in a location they are not allowed to choose, and that they are not allowed to leave until said person allows them to, and

WHEREAS, there are hundreds of studies that show that forced quarantines cause psychological, emotional, and physical harm including depression, anxiety, delayed medical exams, loss of jobs, loss of businesses etc., with the harm outweighing the benefit, and

WHEREAS, the Town of Brant believes that the notion of government requiring individuals to isolate in temporary housing or a facility other than one’s home is similar to the COVID response we saw authoritarian regimes implement over past two years and not a requirement that should be implemented in a democracy that values due process and individual liberties, and

WHEREAS, the Town of Brant believes that maintaining the doctrine of the Separation of Powers between the Legislative Branch and the Executive Branch is paramount in preserving a representative form of government, and

WHEREAS, the Town of Brant believes if this illegal regulation is permitted to stand, it would signify a breakdown of the checks and balances that define our democratic form of government, and

WHEREAS, the Town of Brant believes that with the height of the pandemic behind us, New Yorkers want the government overreach, tyrannical behavior and unchecked Executive powers that overshadowed the past two years to come to an end, and

NOW, THEREFORE BE IT RESOLVED, that the Town of Brant expresses its opposition to the requirements and intent of the NYS Department of Health regarding Emergency Regulation10 NYCRR 2.13.

AND FURTHER BE IT RESOLVED, that copies of this resolution will be forwarded to the offices of the ECDOH, NYS Dept. of Health, and Governor Hochul.

ROLL CALL VOTE:             Councilman Muffoletto                 Voting Aye

                                                Councilwoman Ross                        Voting Aye

                                                Councilwoman Marien                   Voting Aye

                                                Councilwoman Giancarlo              Voting Aye

                                                Supervisor DeCarlo                          Voting Aye          Resolution adopted

OLD BUSINESS:

SPECIAL USE PERMIT RENEWAL PUBLIC HEARING SET FOR JUNE 14: Supervisor DeCarlo Motion to set a Public Hearing for June 14, 2022 at 7:30pm for the renewal of Special Use Permits, seconded by Councilman Muffoletto.  5 ayes, 0 nays. MOTION CARRIED

ICE & SNOW REMOVAL CONTRACT WITH ERIE COUNTY 2022-2025:  The following proposed Snow Contract figures were received from Erie County.  The Contract allows for an increase of 5% the first year, 4% the second and third year payable from the adopted Division of Highways, Operating Budget, Fund 210, Cost Center, G/L 52006 Town and Village contracts.  The figures will be as follows:

• September 1, 2022 through August 31, 2023        $4,693.86 per lane mile
• September 1, 2023 through August 31, 2024        $4,881.61 per lane mile
• September 1, 2024 through August 31, 2025        $5,076.88 per lane mile

Councilwoman Giancarlo Motioned to accept and allow Supervisor DeCarlo to sign 2022-2025 Erie County Snow Removal and Ice Control Agreement, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

APPROVAL OF L.E.D. STREETLIGHT CONVERSION:  Supervisor DeCarlo Motioned to approve and pay the National Grid Invoice # 500121305 in the amount of $16,463.25 for the LED Conversion, Seconded by Councilwoman Ross.  5 ayes, 0 nays. MOTION CARRIED.

COMMITTEE REPORTS

• Councilwoman Marien: E-Waste is bringing in a lot of items. It’s doing great

• Councilwoman Giancarlo: Brant Summer Festival is moving along.  The 5K has been Cancelled. The parade is Saturday June, 18 @ Noon. Fire works will be on Saturday evening

• Councilman Muffoletto:  For the recreation program, Vince will have all the interviews done next week and get us a list of people he would like to hire.

• Councilwoman Ross: Nothing to report

PRIVILEGE OF THE FLOOR:

Supervisor DeCarlo mentioned that this years Memorial Day (May 30) Celebration will be in Brant at Memorial Park at 9AM

The Board acknowledged the Retirement of Chief Hepkins on May 31^st

Ellsworth Nolan mentioned that the Farnham Fire Dept will be holding their annual chicken BBQ on Memorial day from Noon till sold out and that this year it will be sit down as well as carry out.

Meetings & Correspondence: 

• The second April sales tax remittance is in.  The current transfer is 29.03% greater than the corresponding 2021 amount.  Year–to–date transfers are running 21.35% above last year at this time.

Supervisor DeCarlo read the Abstract:

ABSTRACT 5 of 2022

*Prepaid and unpaid as of 5/10/22 Total Claims $ 53,874.13

Gen Fund Town wide Vouchers Totaling: $ 31,431.99

Gen Fund – Part Town Voucher Totaling: $ 8,211.63

Highway T.W. Vouchers Totaling: $7,751.71

Highway P.T. Vouchers, Totaling:  $ 3,020.36

Street Lighting:  Voucher Totaling:  $ 3,458.44

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

PAYROLL (2 pay periods):

General Town Wide Payroll 3/27/22- 4/23/22 – Totaling $54,369.79

General Part Town Payroll   3/27/22- 4/23/22 Totaling:  $734.32

Highway Payroll TW 3/27/22- 4/23/22 Totaling:  $6,534.17

Highway Payroll PT 3/27/22- 4/23/22 Totaling:  $0

Supervisor DeCarlo motioned to approve Abstract 5 of 2022, seconded by Councilwoman Giancarlo. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilwoman Marien-aye, Councilwoman Ross-aye, Councilman Muffoletto-aye. 5 ayes, 0 nays.  MOTION CARRIED.

Next REGULAR Town Board meeting is Tuesday June 14, 2022 at 7 PM.

At 8:00 PM Supervisor DeCarlo motioned to enter executive session for personnel and contractual reasons.  He added that no actions will follow the session, and the meeting will be adjourned in memory of Pat Granica.  Councilwoman Giancarlo seconded the motion. 5 ayes, 0 nays. 

At 9:15 PM Supervisor DeCarlo motioned to close the executive session and adjourn the meeting in memory of Pat Granica, seconded by Councilwoman Ross.  5 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara J. Daniel

Brant Town Clerk