This Regular Meeting of the Brant Town Board was held on Tuesday March 19, 2024 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

Michael Muffoletto                        Councilman

Tish Brady                                           Councilwoman

Barbara Daniel                                   Recording Secretary

ABSENT WAS:

Linda Giancarlo                                 Councilwoman

ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:

Chad Kaczmarek                               Town Justice     

Brian Rott                                            Resident

Debra Ritz                                           Resident
Patty Friend                                        Appointed Town Historian

Frank Broughton                              Zoning Board of Appeals Chairman

Donald Clark                                       Planning Board member

Thomas Bowman                             Resident

Janice Ross                                         Planning Board member

James George                                   Resident

The meeting opened at 7:00 PM with the Pledge of Allegiance to the flag.

APPROVE MINUTES of the FEBRUARY 13, 2024 MEETING:  Councilman Muffoletto motioned to approve the minutes of the February 13, 2024 Regular Town Board meeting, and was seconded by Councilwoman Marien.  4 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman Muffoletto motioned to approve the Supervisor’s Financial Report, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S JANUARY 2024 FINANCIAL REPORT: Councilman Muffoletto made a motion to approve the Town Clerk’s January 2024 Financial reports, seconded by Councilwoman Marien.  4 ayes, 0 nays.  MOTION CARRIED

COURT CLERK’S JANUARY 2024 FINANCIAL REPORTS FOR KACZMAREK & GIER REGULAR AND BAIL ACCOUNTS: Supervisor DeCarlo motioned to approve both Bail and Regular Financial accounts for Justice Kaczmarek’s & Justice Gier for January 2024, seconded by Councilwoman Brady. 4 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT FOR FEBRUARY 2024:  Supervisor DeCarlo presented the February Police Report.  He then motioned to approve the report, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S REPORT:  Tabled

TOWN CLERK’S FEBRUARY 2024 ACTIVITY REPORT TO THE BOARD: The Town Clerk presented her February 2024 Activity report.  The Supervisor then motioned to accept the Town Clerk’s report as presented.  Councilwoman Marien seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: The Planning Board chairman Debra Ritz presented the March 7^th report.  The Board reviewed and made recommendations to the Zoning Board of Appeals for a recent Area Variance application.  Because of the election, the next Planning Board meeting will be held on Wednesday April 3^rd at 7:00 pm.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED. 

ZONING BOARD REPORT: Zoning Board secretary Barbara Daniel presented the Zoning Board of Appeals report for the month of February 2024.  It announced an upcoming March 25^th Public Hearing to review the Variance application for 10068 Brant Angola Rd.  Supervisor DeCarlo motioned to accept the Zoning Board report into the record and was seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

PARK’S & BUILDINGS REPORT: Supervisor DeCarlo noted a Buildings and Grounds report which listed fuel usage and truck mileage.  The new truck mileage started the Month of February with 1,395.3 miles and ended the month with 1,917.3 miles.  Total gallons of fuel used was 56.   

TOWN HISTORIAN REPORT: Town Historian Patty Friend presented her report for February.  The Town of Brant will celebrate its 185^th anniversary on March 25^th.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

BRANT SENIOR’S REPORT:  The minutes of the March 6^th Senior’s meeting were read by Councilwoman Brady.  The Town Board discussed the legality of the grant for the grill awarded to the Brant Seniors.  It was noted that the grill would belong to the Town and would therefore be available for others to use.  The liability would be the Town’s.  It was discussed about possibly constructing an outdoor cooking area.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT:  Supervisor DeCarlo presented the Code Officer’s February activity report. He then motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

PRIVILEGE OF THE FLOOR: 

Election Inspector Janice Ross requested the Supervisor to explain the new voting districts in the Town.  The Supervisor stated that the number of districts in the Town was 4, but recently dropped to 3.  The districts are now as follows:

District 1 will cover all of the Town of Brant taxed districts

District 2 will cover all the non-taxed Brant districts (i.e. Cattaraugus reservation)

District 3 will cover the Village of Farnham

Therefore:

Voters in District 1 and 2 will vote at the Senior Community building at 1000 Brant Farnham Rd

Voters in District 3 will vote at the Farnham Village Hall.

Patty Meckes, representing CAWTILE (Citizens against Wind Turbines in Lake Erie).  She explained that CAWTILE is fighting to keep Wind Turbines out of Lake Erie, stating they will destroy our drinking water.  She is going Town to Town to get them to adopt a resolution against Wind Turbines in Lake Erie.  She announced Hamburg was the first Town to adopt the resolution unanimously.  The goal of CAWTILE is to get all 25 Towns to pass the resolution which will then go to the NYS Governor, Senators Borello and Gallivan, and Speaker of the House.  She expressed the damage which occurs to the environment.  Fish will be impacted.  Birds will be impacted.  Boating will be impacted. 

She urged those wishing to help visit www.CAWTILE.com to find more information.  They will be attending Southtown’s Walleye Club on the 25^th of March at 7:00 pm.  All are welcome.  Councilwoman Brady asked why they have chosen that location for the turbines.  Supervisor DeCarlo stated he attended an information meeting, and he learned that this area between Dunkirk and Barcelona has a lot of cross winds.  He added that the infrastructure is already at that location for connection. Patty mentioned a bill currently being considered, No. S7035 which if passed, the Turbines will be installed on the lake.  The NYS Environmental Conservation Committee is reviewing it right now. 

Resident Debra Ritz asked if CAWILE was against all Wind Turbines or just the ones being proposed for the lake.  Patty replied that Terrestrial Turbines are not good either.  She claimed the farmers cannot farm the land.  She added they also trike the birds.  She stated that even the vibration drives the earth worms from the area.  She stated the amount of electricity produced is not enough to sustain a Town and will be sent downstate anyway.

At 7:45 pm, Supervisor DeCarlo motioned to enter Executive session for Contractual and Personnel reasons, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

At 8:00 pm, Supervisor DeCarlo motioned to Close Executive session, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS:  No old business presented.

NEW BUSINESS:

PAY RATE CHANGE FOR ASSESSOR’S CLERK:  At 8:01 pm, Supervisor DeCarlo motioned to change the rate of pay for the Assessor’s Clerk to $20.50 per hour.  The Assessor’s clerk will now be the Clerk for the Code Enforcement officer, in addition to her Assessor duties.  The maximum hours per week will be 19.  Councilwoman Brady seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo mentioned the receipt of an application for Rec Director and assigned Councilwoman Marien to speak with the applicant.

E-WASTE 2024:   Supervisor DeCarlo motioned to begin the Electronics recycling drop off again for the 2024 year.  The drop off dates will be the last Saturday of each from May to September.    Councilwoman Brady seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

WASTE REMOVAL BID REQUEST AND OPENING DATE: Supervisor DeCarlo announced the completion of the Bid specs to advertise for bids for Refuse.  Discussion on setting a bid opening date.  The Contract will begin May 2024 through the end of 2027 with an option for an extension.  After discussion the Board decided to list bids due in the Town Clerk’s Office by noon on Thursday April 4^th. 

Supervisor DeCarlo motioned to approve the bid opening date and was seconded by Councilwoman Marien.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Councilwoman Brady-aye.  4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo mentioned the Board will take some sort of action regarding the Wind Turbines at the April meeting. 

SENIOR’S GRANT (GRILL):  Supervisor DeCarlo acknowledged a $5,000.00 grant from Legislator Mills to provide the Senior’s a new grill for the Senior Community Building.  He then stated that such a grant would have to be administered through the Town.  He acknowledged the Senior’s minutes mention their desire to use part of the grant for a small building to house the grill.  The Supervisor then explained that he will have to assign someone to sit with the seniors to discuss the grill project. He mentioned that the seniors don’t have insurance or an EIN number so the grant will have to be administered through the Town.  He continued with suggestions of installing a permanent grill outdoor kitchen sort of structure, even if the Town must put funds into the project.  Attorney Trask then advised the Town Board to contact Legislator Mills to learn of the conditions of the grant.  Then speak with the seniors.  Supervisor DeCarlo noted that the grant was part of the “2024 Erie County Public Benefit Contract.”  Tracy explained there are documents that must be filled out by the Town.  There must be Worker’s Comp Insurance, Liability Insurance, and an EIN number.  Trask stated that the Town would be the applicant and recipient if approved, and therefore would be in control of the project and grill.  The Town will decide who would be permitted to use the grill.  Councilwoman Marien will meet with the Seniors.

APPROVAL OF REQUEST FROM USDA TO TRAP INVASIVE PESTS (BOX TREE MOTH AND EUROPEAN CHERRY FRUIT FLY:  Supervisor DeCarlo motioned to authorize the USDA to set traps in search of two new invasive insect species.  Box Tree Moth and European Cherry Fruit Fly.  Councilwoman Marien seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

TOWN WEBSITE DEVELOPMENT: Supervisor DeCarlo mentioned that Synchronet does not do web work.  He then requested the Town Clerk and Councilwoman Brady work together on the project and research options. 

TOTAL ECLIPSE INFORMATION:  The Supervisor mentioned that parts of the County are closing down for the eclipse because of the traffic.  He felt that Brant is very rural, and traffic won’t be a problem.

MEMORIAL PARK SPRING CLEANUP: Supervisor DeCarlo requested a quote to update the Memorial park from the company who repaired it after the damage caused by the recent Motor Vehicle accident. This quote will include leaf clean up, trimming/pruning plants, new edging, nine yards of black mulch, weeding.  Councilwoman Marien asked if the benches were done.  Justice Kaczmarek responded the benches are done and he added you can’t paint concrete.  The quote received from Matt’s Outdoor Solutions was in the amount of $1,960.00. The amount was below the threshold that would require bids.   Supervisor DeCarlo motioned to approve the quote, seconded by Councilwoman Marien.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilman Muffoletto-abstain, Councilwoman Marien-aye.  3 ayes, 1 nay. MOTION CARRIED.

Supervisor DeCarlo mentioned the possibility of the Highway Department pulling out the trees around the front of the Town Hall.  He would like to have new mulch and shrubbery around the front of the Town Hall and asked Councilwoman Brady, who is liaison for Buildings and Grounds, to seek three quotes for landscaping the front of the Town Hall.

TOWN BOARD REPORTS:

The Supervisor asked if anyone had anything to report. 

COUNCILWOMAN MARIEN:  Reminded those present that the Easter egg hunt would be held on March 24^th at 2:00 pm.  [clerk’s note: the event was later moved to March 30^th at 2:00 pm].

Councilwoman Marien also announced the attended the Brant Fire Company’s installation dinner.

COUNCILWOMAN BRADY:  Mentioned the good record keeping at the Highway garage regarding equipment maintenance.  She added the record keeping allows the Town to project when equipment will need to be replaced.    She then expressed appreciation for her ability to attend the recent Associations of Town training.  She noted that she left a packet for Justice Kaczmarek.  She also brought back resource information for the Highway Superintendent. 

Meetings & Correspondence: 

• The second March sales tax remittance is in. The current transfer rate is 22.57% greater than the corresponding 2023 amount. Year-to-date transfers are running 28.23% above last year at this time.

• Received a Satisfactory Dog Control Officer Inspection Report from NYS Ag & Markets.  Councilwoman Marien asked how many dogs are picked up.  Supervisor DeCarlo noted that he and Chief Slawek meeting with the Town of Evans and they are given the numbers then.

Supervisor DeCarlo read the Abstract (3 of 2024):

ABSTRACT 3 of 2024

*Prepaid and unpaid as of 3/19/24 Total Claims $83,700.69

Gen Fund Town wide Vouchers Totaling: $ 50,613.54

Gen Fund – Part Town Voucher Totaling: $ 10,739.58

Highway T.W. Vouchers Totaling: $ 17,981.21

Highway P.T. Vouchers Totaling: $ 1,226.32

Street Lighting:  Voucher Totaling:  $ 2,677.54

Brant Water Dist 1 (SS2&SW):  – Totaling $ 462.50

PAYROLL February & March 2024 (3 pay periods):

General Town Wide Payroll 1/28/24-03/09/24 – Totaling $ 83,320.39

General Part Town Payroll 01/28/24-03/09/24 Totaling:  $ 1,863.15

Highway Payroll TW 01/28/24-03/09/24 Totaling:  $ 13,935.30

Highway Payroll PT 01/28/24-03/09/24 Totaling:  $ 0

Supervisor DeCarlo motioned to approve Abstract 3 of 2024, seconded by Councilwoman Brady. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilman Muffoletto-aye, Councilwoman Marien . 4 ayes, 0 nays.  MOTION CARRIED.

Supervisor DeCarlo announced the next regular Town Board meeting to be held April 9th, 2024 at 7:00 PM.

At 8:32 pm, Councilwoman Brady motioned to adjourn the meeting in memory of Samuel Belavia II; James Brady and Barbara Morin, seconded by Supervisor DeCarlo.  4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara J Daniel

Brant Town Clerk