This Regular Meeting of the Brant Town Board was held on Tuesday April 9, 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

Linda Giancarlo                                 Councilwoman

William Trask Sr.                               Town Attorney

Barbara Daniel                                   Recording Secretary

ABSENT WAS:

Michael Muffoletto                        Councilman

Tish Brady                                           Councilwoman

ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:

Tracy Kaczmarek                              Supervisor’s Secretary  

Brian Rott                                            Resident

Debra Ritz                                           Resident
Patty Friend                                        Appointed Town Historian

Frank Broughton                              Zoning Board of Appeals Chairman

Thomas Bowman                             Resident

Janice Ross                                         Planning Board member

James George                                   Resident

Maria Otrosinka                                Resident

Dolly Huffnagle                                 Senior’s president/Brant-Farnham Concerts

Sharon Catalano                               Brant Seniors

Elmer McSkimming                         Brant Seniors

Marlene McSkimming                    Brant Seniors

Nancy Harvey                                    Brant Seniors

Carmine Conte                                  East Aurora, NY

Patty Meckes                                     CAWTILE (Citizens against Wind Turbines in Lake Erie)

Ellsworth Nolan                                Highway Superintendent

Kristen Podkulski                              Deputy Town Clerk

Matthew Podkulski                         Resident

Rosemary Hauser                             Resident

Mark Slawek                                      Chief of Police

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

APPROVE MINUTES of the MARCH 19, 2024 MEETING:  Supervisor DeCarlo motioned to approve the minutes of the March 19, 2024 Regular Town Board meeting, and was seconded by Councilwoman Marien.  3 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilwoman Giancarlo motioned to approve the Supervisor’s Financial Report, seconded by Councilwoman Marien.  3 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S FEBRUARY 2024 FINANCIAL REPORT: Supervisor DeCarlo made a motion to approve the Town Clerk’s February 2024 Financial reports, seconded by Councilwoman Giancarlo.  3 ayes, 0 nays.  MOTION CARRIED

COURT CLERK’S FEBRUARY 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 Marien. 3 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT FOR MARCH 2024:  Supervisor DeCarlo read the March Police Report.  He then motioned to approve the report, seconded by Councilwoman Giancarlo.  3 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S REPORTS:  Superintendent Ellsworth Nolan presented his February and March highway reports.  He advised that two culvert pipes were changed on Morley Road.  A culvert pipe was changed at the park roadway.  Shared services between Town of Evans, Parks Department for cutting trees, picked up plow sticks.  One ton plow truck almost done.  He noted that one person in the department will be going for surgery, and he will be requesting a temporary fill in to be hired.  They will discuss it in Executive session.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Giancarlo.  3 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S MARCH 2024 ACTIVITY REPORT TO THE BOARD: The Town Clerk presented her March 2024 Activity report.  The Supervisor then motioned to accept the Town Clerk’s report as presented.  Councilwoman Marien seconded the motion.  3 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: The Planning Board chairman Debra Ritz presented the April 3^rd Planning Board report.  She noted the minutes are tabled at this time.  She noted that the Planning Board will begin reviewing laws from other Towns in the area regarding Solar/Wind & Battery laws.  The next Planning Board meeting will be held on Tuesday May 7th at 7:00 pm.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien.  3 ayes, 0 nays. MOTION CARRIED. 

ZONING BOARD REPORT: Zoning Board chairman Frank Broughton advised the Town Board of an upcoming public hearing for a variance for 69 Oval Street.  The hearing will be held on April 29^th at 7:00 pm.  Supervisor DeCarlo motioned to accept the Zoning Board report into the record and was seconded by Councilwoman Giancarlo.  3 ayes, 0 nays. MOTION CARRIED.

Councilwoman Giancarlo commended the Planning Board and Zoning Board for being on top of notifying and communicating with the Town Board of what they are doing.  She thanked them for their efforts.

PARK’S & BUILDINGS REPORT: Supervisor DeCarlo read a Buildings and Grounds report which listed fuel usage and truck mileage.  The new truck’s mileage for the Month of March is 1,917.3 miles.  Total gallons of fuel used was 61.   Total miles driven for March 588.7.  Supervisor DeCarlo motioned to accept the report, seconded by Councilwoman Giancarlo.  3 ayes, 0 nays. MOTION CARRIED.

TOWN HISTORIAN REPORTS: Town Historian Patty Friend presented her report for February and March.  The Town of Brant celebrated its 185^th anniversary on March 25^th.  The Brant Historical is working on their Brant Summer Festival display.  She mentioned Chiavetta’s is celebrating this 70^th anniversary and requested to be able to use some of the Town’s display area. The Evans Historical Society will be visiting the Town on Monday.  The next meeting will be April 20^th.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Giancarlo.  3 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS: 

BRANT SENIOR’S DISCUSSION REGARDING GRILL GRANT:  Senior’s president Dolly Huffnagle did not present a report but came to speak with the Board regarding the grant the senior’s applied for to Legislator John Mills.  She explained that she spoke with Nancy at Legislator Mills office, and Tracy and now understands the legality of the Town Board being involved in the choices.  She noted that they did not realize the Town Board is legally responsible for everything.  She added that the Senior organization is asking to be involved in the decision making process since they had initiated the grant. She expressed concern that the senior building has no AED, and there are senior’s exercising twice a week.  She noted that the grant says “for the betterment of the community” and an AED would fulfill the requirement.  Supervisor DeCarlo responded that the Town Board agrees and is willing to put in additional funds to assist in the cost of the project.  Dolly added that during the building renovation, a cabinet containing some of their records and a first aid kit turned up missing, and they now need a first aid kit.  Dolly then asked, “what if the Seniors wanted to buy their own grill, to be used only by them, could they do so.”  Councilwoman Marien asked where they would keep it.  A lengthy Discussion began about who would be responsible for maintaining the grills.  Councilwoman Giancarlo spoke to Dolly and stated as liaison to the seniors, she will reach out to her, and they could set a date where they could meet and discuss possible rules and guidelines for the grills and the use of the grant.  Dolly stated she is the president of the Senior’s; she would appreciate she be involved with the discussion.  The Town’s insurance policy will also be reviewed for coverage.

SENIOR’S APRIL REPORT:  Councilwoman Giancarlo then read the report for the Senior’s April Meeting.  Supervisor DeCarlo motioned to approve the discussion, seconded by Councilwoman Marien.  3 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT:  Supervisor DeCarlo read the March Code enforcement report from his phone.  He then motioned to approve the report as read, seconded by Councilwoman Marien.  3 ayes, 0 nays. MOTION CARRIED.

Supervisor Mark DeCarlo then read the resolution against Wind Turbines in Lake Erie:

RESOLUTION AGAINST WIND TURBINES IN LAKE ERIE

WHEREAS, NY State has passed the Climate Leadership and Community Protection Act (the Climate Act) calling for 70 percent of electricity in the state to be produced by renewable resources by 2030 , and 100 percent of the state’s electricity be generated by renewable resources by 2040; and

WHEREAS, wind energy has been designated by the Climate Act as an essential form of renewable energy; and

WHEREAS, there are a number of commercial wind energy facilities operating in Western New York, with more in the planning and permitting stages; and

WHEREAS, NY State’s power grid manager New York Independent Systems Operator(NYISO) has determined the Western New York zone of grid to be 89 percent free of carbon emissions in the generation of electricity;  (5), and

WHEREAS, NYISO has described the lack of electricity transmission facilities capable of transmitting electricity from Western New York to downstate grid zones which are 90 percent dependent on fossil fuels for generating electricity; (6), and

WHEREAS, the New York State Energy Research and Development Authority determined in 2022 that this is not the right time to consider constructing offshore wind facilities in Lake Erie; (7),and

WHEREAS, the offshore wind industry is experiencing global difficulties related to inflation and supply line shortages as evidenced by the recent NY State  Public Service Commission decision denying industry requests for higher power delivery rates:  (8), and

WHEREAS the long planned Lake Erie offshore wind energy project known as Icebreaker Wind near Cleveland, Ohio, has recently been suspended (8a),

WHEREAS questions concerning offshore wind energy facilities in fresh water bodies remain unanswered such as these which are not included in the NYSERDA reports of 2011 and 2022:

• What assurances that toxic industrial wastes in the lake bed will not be disturbed to endanger safe drinking water and enter the food chain of Lake Erie’s fish and bird species (9)

• How would the placement of offshore wind turbines in Lake Erie affect the migratory pathways and behavior of economically important game fish (10)

• What would be the impact on tourism of placing wind turbines in Lake Erie (11)

• Specifically how would offshore wind turbines in Lake Erie contribute to the emissions reduction goals of the Climate Act (12)

• How would the radar interference created by offshore wind turbines in Lake Erie affect the safety of shipping, recreational boating, search and rescue operations and international border security (13)

• How would microplastics and toxic chemicals like BPA and PFAS emitted by wind turbines impact water quality and the ecology of Lake Erie (14)

• How much oil and other petroleum products are contained within each offshore wind turbine and how would oil spills from wind turbines be mediated, and other maintenance performed during annual periods of ice coverage on Lake Erie (15)

• How would noise and vibrations emitted by wind turbines impact the quiet enjoyment of Lake Erie by fishers, boaters and nearshore residents and visitors (16)

• What are the effects of vibrations emitted by wind turbines on the organisms living in the lake bed (17)

• How would the blinking red lights atop each offshore wind turbines be reconciled with increased interest in preventing light pollution in dark skies (18)

• What would be the impact of placing offshore wind turbines in Lake Erie’s migratory flyways of birds, bats and butterflies (19)

• What are the cumulative impacts of placing offshore wind turbines in Lake Erie given the already large concentration of onshore wind turbines along the Ontario shoreline and the elevations overlooking the lake in Chautauqua County

• What restrictions or no-go zones would be imposed on fishers and boaters in Lake Erie (20)

• How would the Public Trust Doctrine which serves to protect the interests of all Western New Yorkers in a healthy Lake Erie be honored in the context of primary financial benefits to the offshore wind industry

• How would offshore wind turbines impact historic sites such as shipwrecks and lighthouses (21)

• Would the rights of the Seneca Nation of Indians to administer water quality standards on the Cattaraugus Reservation be a consideration in placing offshore wind turbines in Lake Erie (22)

• Would the high costs of offshore wind energy in Lake Erie be explained to Town of Hamburg electricity ratepayers in terms of monthly increases to their utility bills

• How would property values along the lake shore be impacted by  viewsheds including offshore wind turbines and their industrial support and maintenance activities. 

Conclusion: Some of these questions cannot be answered or would be cost prohibitive to address.  There are many documented examples of negative impacts of wind turbines on both terrestrial and aquatic environments.  There are alternatives such as small modular nuclear and hydropower, which deserve significant consideration as possible future sources of power and do not negatively affect Lake Erie or other large bodies of water.

NOW, THEREFORE BE IT RESOLVED:  the Town of Brant opposes, at this time, any efforts to introduce offshore wind turbines in the waters of Lake Erie. 

BE IT FURTHER RESOLVED that the Town Clerk shall forward an email copy of this Town Board resolution to:

• Honorable Governor Kathy Hochul :  melissa.bochenski@exec.ny.gov
• Honorable United States Congressman Nicholas Langworthy: repnicholaslangworthy@mail8.housecommunications.gov
• Honorable Senate Majority Leader Andrea Stewart-Cousins:   scousins@nysenate.gov
• Honorable Senate Minority Leader Rob Ortt :  ortt@nysenate.gov
• Honorable Speaker of the Assembly Carl E. Heastie:   speaker@nysenate.gov
• Honorable Majority Leader of the Assembly Crystal People-Stokes:   peoplesc@nyassembly.gov
• Honorable Minority Leader of the Assembly William A. Barclay:   barclayw@nyassembly.gov
• Honorable New York State Senator Patrick Gallivan:   gallivan@nysenate.gov
• Honorable New York State Senator George Borrello:   borrello@nysenate.gov
• Honorable New York State Assemblyman Andrew W. Goodell:   goodella@nyassembly.gov
• Honorable New York State Assemblyman David DiPietro:   dipietrod@nyassembly.gov
• Honorable New York State Assemblyman Jon Rivera:   riverajd@nyassembly.gov
• Honorable Erie County Executive Mark Poloncarz:   county.executive@erie.gov
• Honorable Erie County Legislator John Mills:   john.mills@erie.gov
• Honorable Erie County Legislator John Gilmour:   john.gilmore@erie.gov
• Honorable Mayor of the City of Lackawanna Annette Iafallo:   mayor@lackawannany.com
• Honorable Mayor of the City of Buffalo Byron Brown:   bbrown@city-buffalo.com

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

A roll call vote was taken:

Supervisor DeCarlo                          Voting aye

Councilwoman Giancarlo              Voting aye

Councilwoman Marien                   Voting aye

3 AYES, 0 NAYS. RESOLUTION ADOPTED.

At 7:38 pm, Supervisor DeCarlo motioned to enter Executive session for Personnel reasons, seconded by Councilwoman Marien.  3 ayes, 0 nays. MOTION CARRIED.

At 8:05 pm, Supervisor DeCarlo motioned to Close Executive session, seconded by Councilwoman Marien. 

3 ayes, 0 nays. MOTION CARRIED.

DOLLY HUFFNAGLE ANNOUNCES FREE CONCERT DATES:  Chairperson for the Summer Concert series announced that this year’s concerts will begin July 15^th.  There will be a change in the start times of the concerts.  They will now begin at 6:00 pm.  This year, due to an increase in costs, there will be 5 concerts.  Supervisor DeCarlo commended Dolly for the good job she has done running the concerts ever since she took over.  Dolly added that she has a new food truck coming.

APPOINTMENT OF B.O.A.R. MEMBER REPLACEMENT:  Supervisor DeCarlo motioned to appoint Frank Broughton as full member of the Board of Assessment and Review Board to fill the vacancy and complete the term of Joseph Ostrowski to end on September 30, 2026.  Councilwoman Marien seconded the motion. 

3 ayes, 0 nays. MOTION CARRIED.

It was noted that another Alternate will now be necessary to fill the vacancy left by Frank Broughton.

NEW BUSINESS:

Supervisor DeCarlo then read a resolution naming the Town of Brant as Lead Agency for a Special Use Permit application to review the installation of a new Verizon Wireless Cell Tower project at 10825 Erie Road in the Town of Brant:

RESOLUTION OF THE BRANT TOWN BOARD

DECLARING LEAD AGENCY STATUS UNDER SEQR

(Application for Tower Special Permit and Site Plan Approval at 10825 Erie Road)

WHEREAS the Town Board of the Town of Brant, Erie County, New York received an application for a Communication Tower Permit and site plan approval for a wireless communication tower at 10825 Erie Road in the Town of Brant, and

WHEREAS, the Town Board seeks to commence proceedings pursuant to the requirements of the State Environmental Review Act (“SEQRA”), 6 NYCRR Part 617,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Brant hereby declares itself as “Lead Agency” for the purposes of compliance with SEQRA, 6 NYCRR Part 617 in connection with this project, and it is further

RESOLVED, that the Town Board shall undertake and complete all duties and obligations as “Lead Agency” as required by 6 NYCRR Part 617

April 9, 2024

Supervisor DeCarlo motioned to approve the Resolution and was seconded by Councilwoman Marien.

 A roll call vote was taken:

                                Supervisor DeCarlo                          aye

                                Councilwoman Marien                   aye

                                Councilwoman Giancarlo              aye

                                                                                                                3 ayes, 0 nays. MOTION CARRIED.

APPROVE THE HIRING OF CPL FOR THE VERIZON TOWER PROJECT:  Supervisor DeCarlo advised the Board of he needs approval to hire “CPL” as engineer for the Verizon Cell Tower project.  A quote was received in the amount of $1,500.00.  Councilwoman Giancarlo motioned to authorize the Supervisor to enter the contract with the engineering firm at a cost of $1,500.00.  Councilwoman Marien seconded the motion.  3 ayes, 0 nays. MOTION CARRIED.

NEW WASTE REMOVAL BID APPROVAL: The Town received one bid for the new Refuse Contract.  The only bid was received from Casella Waste.  The new contract will include “Automated pickup”.  The bid will include special bins to be placed at each stop.  The term of the contract will me May 2024 through December 31, 2027 with an option to extend the contract two additional one year periods, 2028 and 2029 for an additional rate.  The annual cost for the Town and Village will be $189,251.40.  Supervisor DeCarlo motioned to approve the new contract, contingent on the Village of Farnham’s approval.  Councilwoman Giancarlo seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilwoman Marien-aye.  MOTION CARRIED.

RECREATION FEES: Councilwoman Giancarlo expressed concerns over the expenses families are dealing with and recommended leaving the Recreation fees the same as last year.  Supervisor DeCarlo and Councilwoman Marien agreed.  Supervisor DeCarlo motioned to leave the recreation fees the same as last year.  Councilwoman Giancarlo seconded the motion.  3 ayes, 0 nays. MOTION CARRIED.

RECREATION STAFF AND LIFEGUARD STAFF WAGES:  The Board discussed the hourly rate for Recreation and Lifeguard staff.  It was a unanimous decision to increase all wages by $1.00 per hour.  Supervisor DeCarlo made the motion to increase Recreation and lifeguard staff by $1.00 per hour each.  Councilwoman Giancarlo seconded the motion.  3 ayes, 0 nays. MOTION CARRIED.

BUS DRIVER WAGES: Discussion regarding the wages to be paid for the Recreation Bus Drivers.  Supervisor DeCarlo motioned to increase Bus driver wages from $75/day to $100/day and to raise the daily wage for Field trip from $150/day to $175.00/day.  (I per week).  Councilwoman Marien seconded the motion.  3 ayes, 0 nays. MOTION CARRIED.

APPOINTMENT OF REBECCA PERRY AS 2024 REC DIRECTOR:  Supervisor DeCarlo motioned to appoint Rebecca Perry as the 2024 Recreation director at a rate of $19.70/hour.  Councilwoman Giancarlo seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilwoman Marien-aye, 3 ayes, 0 nays. MOTION CARRIED.

TOWN BOARD REPORTS:

The Supervisor asked if anyone had anything to report. 

COUNCILWOMAN MARIEN:  Spoke of the Easter Eggs hunt and thanked all who attended and participated.

COUNCILWOMAN GIANCARLO:  Commended her daughter Kristen Podkulski for the great job she is doing as Chairperson for the Brant Summer Festival which will be held June 21^st and 22^nd.

SUPERVISOR DECARLO:  Mentioned that he was unable to attend the Easter Egg hunt but his sister did and she told him it was the best Easter Egg hunt they have been to.

PRIVILEDGE OF THE FLOOR:

Frank Broughton advised that the term he will be filling for B.O.A.R will end on Sept 30, 2026.

Patty Meckes, 5270 Newton Road.  Thanked the Town Board for all the work they have done to join them in their fight to protect Lake Erie regarding the Wind Turbines in Lake Erie.  She also mentioned that Legislator Mills is also working on a resolution for the County.  And Tom Harmon for Chautauqua County. 

Meetings & Correspondence: 

• The first April sales tax remittance is in. The current transfer rate is 21.32% less than the corresponding 2023 amount. Year-to-date transfers are running 10.75% below year at this time.

Supervisor DeCarlo read the Abstract (4 of 2024):

ABSTRACT 4 of 2024

*Prepaid and unpaid as of 4/9/24 Total Claims $43,683.23

Gen Fund Town wide Vouchers Totaling: $ 28,433.91

Gen Fund – Part Town Voucher Totaling: $ 2,775.58

Highway T.W. Vouchers Totaling: $ 8,404.53

Highway P.T. Vouchers Totaling: $ 1,505.32

Street Lighting:  Voucher Totaling:  $ 2,563.89

Brant Water Dist 1 (SS2&SW):  – Totaling $ 0

PAYROLL March 2024 (1 pay period):

General Town Wide Payroll 03/10/24-03/23/24 – Totaling $ 27,802.75

General Part Town Payroll 03/10/24-03/23/24 Totaling:  $ 621.05

Highway Payroll TW 03/10/24-03/23/24 Totaling:  $ 5,222.37

Highway Payroll PT 03/10/24-03/23/24 Totaling:  $ 0

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

Supervisor DeCarlo announced the next regular Town Board meeting to be held May 14th, 2024 at 7:00 PM.

Councilwoman Marien announced that the tire and eWaste drop off will be conducted on the last Saturday of each month for the month’s of May through September.  Allen will need to get the tire roll off.

At 8:23 pm, Supervisor DeCarlo motioned to adjourn the meeting in memory of Seraphino Joseph Giancarlo, seconded by Councilwoman Giancarlo.  3 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara J Daniel

Brant Town Clerk