This First Regular Meeting of the Brant Town Board was held on Tuesday June 13, 2023 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
Linda Giancarlo Councilwoman
Janice Ross Councilwoman
Michael Muffoletto Councilman
Barbara Daniel Recording Secretary
ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:
Frank Broughton Zoning Board Chairman
Alan Haungs Audit NY
Debra Ritz Planning Board member
Brian Rott Resident
Patty Friend Town Historian
Lynda Ostrowski Sec to Boards
Joe Ostrowski Planning Board Chairman
Ellsworth Nolan Highway Superintendent
Kristen Podkulski Resident
Joe Giancarlo Resident
Tracy Kaczmarek Supervisor Secretary
Tish Brady Resident
Meg Pantera Resident
Bill Kender Representative of NY Citizen’s Audit
Daryl Novoa Highway
Aaron Weiner Weitsman Representative
Carol Brodie Planning Board member
Anne Prince Wide Beach resident
Dave Rice Code Enforcement Officer
Allen Nolan Caretaker: Building & Grounds & Parks
Mark Slawek Chief of Police
Charles Burke Wide Beach resident
The meeting opened at 7:00 PM with the Pledge of Allegiance to the flag.
APPROVE MINUTES of the MAY 9, 2023 REGULAR TOWN BOARD MEETING: Supervisor DeCarlo motioned to approve the minutes of the meeting and was seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Muffoletto motioned to Supervisor’s Financial report, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK/TAX COLLECTOR’S APRIL 2023 FINANCIAL REPORT: Councilman Muffoletto made a motion to approve the Town Clerk’s April 2023 Financial report, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED
COURT CLERK’S APRIL 2023 FINANCIAL REPORTS FOR KACZMAREK & GIER REGULAR AND BAIL ACCOUNTS: Councilwoman Ross motioned to approve both Bail and Regular Financial accounts for Justice Kaczmarek’s & Justice Gier for April 2023, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT FOR MAY 2023: Chief Mark Slawek presented the May police activity report. He advised that the 6 body cams came in. There is paperwork to be done before using them. He estimated the first week of July. Supervisor DeCarlo will sit in during the training. Chief Slawek then asked for the Town Board to approve the appointment of Paul R. Velora as part-time patrolman pending the results of psychiatric evaluation which is a new mandate for New York State if the officer was not an officer prior to October of 2021. Mr. Velora is currently in the academy and about go into faze 2. This would require Town Board approval. The Chief asks the Board to approve the officer at a rate of $22.00 per hour after he fully completes his Academy hours and his 160 hours field training officer program. He will then begin an 18-month probationary period. Councilwoman Giancarlo motioned to approve the appointment of Paul R. Velora as a part-time police officer for the Town of Brant pending the results of the mandated requirements. Councilman Muffoletto seconded the motion. A roll call vote was taken: Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilwoman Ross, Supervisor DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.
Supervisor DeCarlo then motioned to approve the police report as read, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
HIGHWAY SUPERINTENDENT REPORT: The Highway Superintendent presented the April and May Highway Report. Supervisor DeCarlo motioned to accept the report as presented, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK’S MAY 2023 ACTIVITY REPORT TO THE BOARD: The Town Clerk read her May 2023 Activity report. Supervisor DeCarlo then motioned to approve the report as read, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: Secretary Ostrowski read the minutes of the June 6th Planning Board meeting. Supervisor DeCarlo motioned to accept the minutes as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: Chairman Frank Broughton advised the Town Board that a Zoning Board public hearing will be held on June 26. Supervisor DeCarlo motioned to approve the ZBA report as presented. Councilwoman Giancarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
PARK’S REPORT: No report presented
TOWN HISTORIAN REPORT: Town Historian Patty Friend noted that she had not much to report because the Brant Festival kept her busy.
BRANT FARNHAM SENIORS REPORT FOR JUNE 2023: The report was read by Lynda Ostrowski. Supervisor DeCarlo motioned to approve the report, and was seconded by Councilwoman Giancarlo.
5 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT REPORT: Code Enforcement Officer Dave Rice presented his monthly report. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.
AG DISTRICT #8 30 DAY NOTICE: Supervisor DeCarlo then read a 30 day notice from NYS Ag and Markets:
PUBLIC NOTICE 30-DAY PERIOD FOR PUBLIC REVIEW OF SOUTHWEST AGRICULTURAL DISTRICT #8 Per New York State Agriculture and Markets Law Section 303-a, the County Legislature is required to review agricultural districts eight years after their creation and every eight years thereafter.
Southwest Agricultural District #8 encompasses 74,173.40 acres in the municipalities of Boston, Brant, Collins, Eden, Evans, Hamburg, and North Collins. Copies of the application form have been provided to municipal clerks, assessors, and chief elected officials for distribution to those who are interested.
The application is also available at erie.gov/agdistrictwebform. The Erie County Department of Environment and Planning will accept modification requests from June 1-30. Maps of the districts under review will be on file and open to public inspection in the office of the County Clerk. Any questions on this process should be directed to the Erie County Department of Environment and Planning. At this time, only landowners within the affected municipalities may apply to have land added or removed from the Agricultural District
CONSIDER A REQUEST FOR USE OF THE SR. COMMUNITY BUILDING FOR FUND RAISING CRAFT SHOW TO BENEFIT THE VILLAGE OF FARNHAM FIRE DEPARTMENT: Supervisor DeCarlo acknowledged a request for the use of the Senior Community Building to conduct a craft show with proceeds to benefit the Farnham Fire Department. Lynda Ostrowski explained that in the past, they had conducted this fund raiser for S.H.A.R.E. which works in connection with Holy Cross church to assist local people. This year It would be run by Lynda Ostrowski as an individual and would like to give the proceeds to the Village of Farnham Fire Department. Attorney Trask advised that the Town needs to review their policy for such fund raisers to ensure that the proceeds are really going to the entity listed. He added that to approve this rental would set a precedent. The Town Board then tabled her request to give the Town Board to review the policy.
NEW BUSINESS:
APPROVAL TO REFUND CANCELLED RENTALS: Supervisor DeCarlo then mentioned several park rentals that were moved to another building or cancelled altogether due to the Board of Elections use of the Senior Community building for early voting. He noted that the cancelled or moved rentals should be refunded. Attorney Trask suggested the Town Board move the early voting to the Town Hall. Supervisor DeCarlo motioned to approve the full refunds, seconded by the balance of the Board. 5 ayes, 0 nays. MOTION CARRIED.
TREE STUMP REMOVAL UPDATE: Councilman Muffoletto mentioned that Sammy Sicurella removed 30 tree stumps and did a great job. Supervisor DeCarlo stated that Sammy always goes above and beyond for the Town. Councilwoman Marien stated she would like a letter sent to Sammy. The Board agreed. Councilman Muffoletto added that Allen Nolan cleaned up the area around the stumps afterwards and did a great job.
REQUEST FOR INTERMUNICIPAL AGREEMENT WITH ERIE COUNTY: Councilwoman Giancarlo requested the Town enter a Intermunicipal Agreement with Erie County. She explained that Legislator Mills is offering the Town a Grant of up to $3,000 to dredge out the pond at the Town Park. The pond is used for the fire trucks and needs to be dredged out. She noted that the Town Attorney would have to review the Agreement. Councilwoman Giancarlo motioned to authorize the Supervisor to enter an Intermunicipal Agreement with Erie County after the Town Attorney reviews the Agreement, the motion was seconded by Councilwoman Marien. A roll call vote was taken: Councilwoman Giancarlo-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Councilwoman Ross-aye, Supervisor DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.
PUBLIC HEARING: At 7:30 PM, the Supervisor instructed the Town Clerk to read the Legal 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 June 13, 2023 at the Brant Town Hall, 1272 Brant North Collins Road, Brant, New York.
The Public Hearing 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. Joseph Reynolds
10564 So. Western Blvd
Irving, NY 14081
Used car sales
5. John D. Snyder
1506 Burns Rd.
Angola, NY 14006
Unrestricted used car sales at
10623 So. Western Blvd
Brant, NY 14027
6. 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: June 6, 2023 Barbara Daniel
Brant Town Clerk
Supervisor DeCarlo then motioned to open the public hearing to review the Special Use Permit applications, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
The Town Board then reviewed each applicant:
Stefan Artymowycz
10216 So. Western Blvd.
Angola, NY 14006
Junk yard Code Enforcer Dave Rice noted he is in compliance
Public made no comment.
Thomas C. Bowman Jr.
10623 So. Western Blvd.
Irving, NY 14081
Junk yard
Code Enforcer Dave Rice noted he is in compliance
Public made no comment.
Michael & Barbara Daniel
10575 So. Western Blvd.
Irving, NY 14081
Used car sales, auto detailing and windshield repair
Code Enforcer Dave Rice noted they are in compliance
Public made no comment.
Joseph Reynolds
10564 So. Western Blvd
Irving, NY 14081
Used car sales
Code Enforcer Dave Rice noted he is in compliance
Public made no comment.
John D. Snyder
1506 Burns Rd.
Angola, NY 14006
Unrestricted used car sales at
10623 So. Western Blvd
Brant, NY 14027
Code Enforcer Dave Rice noted he is in compliance.
Public made no comment.
Ben Weitsman of Brant LLC
P.O. Box 420
Owego, NY 13827
Junk yard at
1132 Brant Farnham Rd
Brant, NY 14027
Code Enforcer Dave Rice noted they are in compliance
Councilman Muffoletto asked how it can be in compliance since they are not running the business anymore. Code Officer Dave Rice stated that the Town’s current law doesn’t disqualify the Special Use permit.
The Town Board asked what the intentions are for the facility. Weitsman’s Representative Adam Wiener responded they are trying to keep the place open but staff and equipment problems. He noted it is up for rent. The Town Attorney stated that is nonconforming and therefore it can only be used for it’s current purpose. He noted that it cannot be rented out.
At 7:40 PM, Supervisor DeCarlo motioned to close the public hearing, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
APPROVAL OF 6 SPECIAL USE PERMITS PREVIOUSLY DISCUSSED: Supervisor DeCarlo then motioned to approve the one-year renewal of all six Special Use permits, subject to all existing and current conditions continuous. Councilwoman Giancarlo seconded the motion. Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilwoman Ross-aye. 5 ayes, 0 nays. MOTION CARRIED.
Councilwoman Marien asked if the liquor store is open at the Lonkey location, and if so, does it need a special use permit. Planning Board Chairman Ostrowski advised the Board that a liquor store is a permitted use, and therefore doesn’t need a special permit.
RECREATION APPOINTMENTS: Supervisor DeCarlo presented the following Recreation appointments and the hourly wages:
Returning Counselors at $14.70/hour:
Jacey Addison Gabby McNeal
Rebecca Perry Ava Buczynski
Delaney Glose Kierra Puntillo
Elizabeth Jarzynski Marty Castle, Jr.
Josie DeJoy Trevor Krawczyk
Brady Hill Olivia Sullivan
Mya Dalton Savannah Clear
Rebecca Holmes Lynsey Nolan
Shannon Frazier
Supervisor DeCarlo motioned to approve the appointment of the counselors listed above at an hourly rate of $14.70 per hour pending background checks, and was seconded by the balance of the Board.
5 ayes, 0 nays. MOTION CARRIED.
New hire Counselors at $14.20/hour:
Max Barney Mia Valentine
Joseph Lutz Diaya Kowlaski
Nicole Vaught Jackson Horning
Supervisor DeCarlo motioned to approve the appointment of the counselors listed above at an hourly rate of $14.20 per hour pending background checks, and was seconded by the balance of the Board. 5 ayes, 0 nays. MOTION CARRIED
Counselor in Training (CIT) $13.20/hour:
Zoe Kreinheder Ivan Lemke
Angelina DeJoy Kayla Friend
Supervisor DeCarlo motioned to approve the appointment of the counselors listed above at an hourly rate of $13.20 per hour pending background checks, and was seconded by the balance of the Board. 5 ayes, 0 nays. MOTION CARRIED
Returning Lifeguards:
Abigail Rocque – Recreation Lifeguard at a rate of $18.70/hr
Emily Gordon – Lifeguard Supervisor at a rate of $16.70/hr
Lifeguards at $15.70/hr:
Maddy Maybee
Quinn Maybee
Josh Merritt
Maela Murth
Eliese Maybee
New Hire lifeguards at $14.70/hr:
Claire Smaldino
Ilyssa Gengler
Supervisor DeCarlo motioned to approve the lifeguard appointments and pay rate as listed above, pending receipt of Lifeguard certification and completed background check. Councilwoman Giancarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
Councilwoman Ross asked if the Town was going to pay for certifications this year. Board response was yes.
ZONING BOARD OF APPEALS APPOINTMENT: Supervisor DeCarlo motioned to approve the appointment of John Czech as an alternate to the Zoning Board of Appeals with the appointment to end December 31, 2023. Councilman Muffoletto seconded the motion. A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Muffoletto-aye, Councilwoman Giancarlo-aye, Councilman Marien-aye, Councilwoman Ross-aye. 5 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD SECRETARY APPOINTMENT: Councilwoman Giancarlo motioned to approve the appointment of Barbara Daniel as Secretary to the Zoning Board of Appeals with no compensation, and term to end December 31, 2023. A roll call vote was taken: Councilwoman Giancarlo-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Councilwoman Ross-aye, Supervisor DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.
APPOINTMENT OF DONALD HEPKINS: Supervisor DeCarlo motioned to approve the appointment of Donald Hepkins as an officer to train at a rate of $24.72/hour on an as needed basis. Councilwoman Marien asked how many hours. The Supervisor stated he didn’t have a specific number of hours and it will not be on a weekly basis. Councilwoman Ross asked what kind of training. Supervisor DeCarlo responded that it will be things like affirmative action training, applied bias training, red flag laws, how to remove firearms from individuals, new rules and regulations by New York State, dealing with mentally challenged individuals, protecting the elderly. Councilwoman Marien pressed the issue on capping the total hours. Councilman Muffoletto responded that we can leave it up to the new chief and the Board can monitor it as they go. Supervisor DeCarlo then motioned to approve the appointment, seconded by Councilwoman Giancarlo. A roll call was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilwoman Ross-aye. 5 ayes, 0 nays. MOTION CARRIED.
BOARD OF ASSESSMENT AND REVIEW APPOINTMENT: Councilwoman Janice Ross motioned to approve the appointment of Janet Bowman as a full member of the Board of Assessment and Review to serve out the original term of Jason Peters. Supervisor DeCarlo seconded the motion. A roll call vote was taken: Councilwoman Ross-aye, Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye. 5 ayes, 0 nays.
MASTER PLAN UPDATE GRANT APPLICATION: Supervisor DeCarlo spoke regarding an application being sought to update the Town’s Master Plan. He noted that once the Master Plan is updated, they will seek another grant to update the Code Book.
Councilwoman Giancarlo asked if the grant writer was working on a grant for the parking lot and lighting for the Town Hall. Supervisor DeCarlo responded yes. She then asked about the pickleball court status. Supervisor DeCarlo stated that we recently received word from Erie County Environmental that they have no objections to the project. So they are now working on the specs and sending them out for bid.
TOWN BOARD REPORTS:
COUNCILWOMAN GIANCARLO: Councilwoman Giancarlo spoke on the number of years she has served on the Brant Summer Festival Committee. She explained that during those years, she and other members have worked hard to make the event as free as possible for the families who attend. She explained that she and her crew of Committee members seek out sponsorship to make the event as free as possible. She continued that she has heard that two women on the Town Board have been complaining about what the Brant Festival is costing. She explained that through sponsorship and fund raising, the event costs the Town nothing. She added that the sponsorship brought in more than it cost. She has decided to no longer chair the event. Councilwoman Marien responded that as an auditor, they have a right to question expenses. Councilwoman Giancarlo suggested next time they have a question; they simply call her and she would explain.
COUNCILWOMAN MARIEN: Councilwoman Marien announced she had gone to the Amish to order 16 six-foot-long picnic tables. She noted that she got prior approval from the Supervisor.
Bill Kender of Eden NY representative of NY Citizens Audit spoke to the Town Board. He noted that when they audited the publicly available NYSE voter database which is the official record for administering and certifying Federal elections and New York’s County Voter roll data bases they discovered there are millions of violations of material violations of State and Federal election laws within these official documents, almost 6 million clear prima Facie violations of registration law. He added that following the 2020 General Election, there were 338,000 more votes cast than voters who voted. They also discovered that three quarters of a million votes were cast by people whose registration records violate election law. Pier reviewed and published findings in the Scientific Journal of the work they did show this was all being done on the back end in the data bases, not by voters, and maybe not even by election officials. Cyber Intelligence experts have confirmed to the New York Citizens Audit that the NYSE database has been breached and is embedded with Algorithmic programming that violates the law, is carefully hidden and is predictive, meaning they can predict information about registered voters based on their ID numbers, that we shouldn’t be able to predict. In a voter roll database, there is such an incredible likelihood that this is being used for fraud that it has to be investigated. In other words, they are manipulating the voter rolls which are embedded with hidden code. Cyber Intelligence experts agree. This means, they should not be using the NYSE database as a source to certify and administer a general election.
Supervisor DeCarlo asked Mr. Kender what he is asking of the Town Board. He also asked who would pay for the audit. Mr. Kender referred the answer to this question to his partner Mark Wolfling who was also present.
Mark Wolfling of the Town of Aurora, representative of NY Citizens Audit: Mr. Wolfling explained they are asking for the Town Board to sign the resolution. They will then push it up to the County Legislator John Mills, and they will eventually write a bill to do the audit. The funds are there from the “Help America Vote” Act. The Supervisor then asked who would perform the audit, the State? Mr. Wolfling responded that it would have to be performed by an independent auditor chosen by the Legislators. He noted that this was one of the last five items contained at the end of the resolution. He added that NYS Board of Elections has never been audited and they just want the laws to be followed. He complimented the Board for requiring such detailed accounting from the various departments, and he would like the NYS Board off elections to do the same. Supervisor DeCarlo responded that they will give a hard look at what he has presented. He asked that the information also be forwarded to the Town Clerk.
Frank Broughton, Brant Road resident: Thanked Councilwoman Giancarlo for the hard work and dedication for the Brant Summer Festival. He asked her to reconsider stepping down. He explained that he makes very little money performing his Zoning Board duties as Chairman, but does it for his community. He urged her to remain part of the Community event.
Supervisor DeCarlo also thanked Councilwoman Giancarlo for the many hours she put in for the event. Giancarlo added that all the members of the committee put many hours. Councilman Muffoletto acknowledged that she put in the majority of hours.
Anne Prince, resident of Wide Beach: Anne spoke to the Town Board about the road situation. She would like to formally ask if a couple of Town Board members could come to one of their work sessions to help them move forward. Supervisor DeCarlo asked the Town Attorney if we heard back from their attorney. The Town Attorney responded that he had spoken with two different attorneys. The last of the two had not been formally retained but his family owns property. He suggested the Town Supervisor and another Board member sit down with their committee. The Town Attorney also noted that he will also attend. Supervisor DeCarlo will send an email to initiate the communication.
Meetings & Correspondence:
Supervisor DeCarlo announced the next regular Town Board meeting will be Tuesday July 11, 2023 at 7 PM.
Supervisor DeCarlo read the Abstract (6 of 2023):
*Prepaid and unpaid as of 6/13/23 Total Claims $ 133,380.79
Gen Fund Town wide Vouchers Totaling: $ 75,926.92
Gen Fund – Part Town Voucher Totaling: $ 17,361.79
Highway T.W. Vouchers Totaling: $ 23.41
Highway P.T. Vouchers, Totaling: $ 23,240.08
Street Lighting: Voucher Totaling: $ 1,962.39
Brant Water Dist 1 (SS2&SW): – Totaling $ 14,866.20
PAYROLL (2 pay periods):
General Town Wide Payroll 4/23/23-5/20/23 – Totaling $ 47,386.40
General Part Town Payroll 4/23/23-5/20/23 Totaling: $ 945.43
Highway Payroll TW 4/23/23-5/20/23 Totaling: $ 0.00
Highway Payroll PT 4/23/23-5/20/23 Totaling: $ 5,916.27
Supervisor DeCarlo motioned to approve Abstract 6 of 2023, 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.
At 8:10 PM Supervisor DeCarlo motioned to enter executive session for personnel reasons. Councilwoman Giancarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
At 8:36 PM, Supervisor DeCarlo motioned to close the executive session, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.
At 8:37 pm, Supervisor DeCarlo motioned to adjourn the meeting. Councilwoman Giancarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
Respectfully submitted by,
Barbara J Daniel
Brant Town Clerk