This Regular Meeting of the Brant Town Board was held on Tuesday September 10, 2024 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

PRESENT WERE:

Mark DeCarlo                                    Town Supervisor

Tish Brady                                           Councilwoman

Linda Giancarlo                                 Councilwoman

Donna Marien                                   Councilwoman

Michael Muffoletto                        Councilman

Barbara Daniel                                   Recording Secretary

William Trask, Sr.                              Town Attorney

ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:

Thomas Bowman                             Resident

Debra Ritz                                           Resident

Janice Ross                                         Planning Board

Patty Friend                                        Town Historian

Lynda Ostrowski                               Resident

Daryl Novoa                                       Highway

Chad Kaczmarek                               Town Justice

Kathleen Chiavetta                          Resident

Peter Chiavetta                                 Resident (Chiavetta’s chicken award recipient)

Kim Peck                                              Community Representative for Senator Gallivan

David DePietro                                  NYS Assemblyman

Jeffrey Souder                                  Assemblyman DiPietro’s Office

Kristen Podkulski                              Deputy Town Clerk

Jeneen Hill                                          Code Enforcement Officer

Mark Slawek                                      Police Chief

Tracy Kaczmarek                              Supervisor’s Secretary

Frank Broughton                              ZBA Chairman
 

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

Supervisor DeCarlo recognized the attendance of NYS Assemblyman David DiPietro and Kim Peck from NYS Senator Patrick Gallivan’s office.  They were in attendance to participate in the presentation of honors for the Chiavetta Family.  Supervisor DeCarlo acknowledged Chiavetta’s Catering for the 70 years in business and being a pillar of the Brant Community employing generations of Brant residents.  He mentioned their chicken dinners created many summer memories.  He spoke of the Time, Capitol and Resources they expended on the immediate and surrounding communities. He then thanked the Chiavetta family for their selfless contributions. 

Peter and Kathleen Chiavetta were then called up for their proclamations.  Councilwoman Giancarlo then read from a proclamation from the Brant Town Board detailing their contributions to the community.  The proclamation declared September 10, 2024 will be now be known as Chiavetta’s Barbeque and Catering Day in the Town of Brant, NY. 

Following the Town’s proclamation, Assemblyman DiPietro came forward to present a Proclamation from the State of New York.  He noted it is the highest honor that can be granted by an elected official because it requires vetting by Albany officials to ensure it is nonpartisan and worthy of recognition.  The proclamation was then read aloud by the Assemblyman.  It recognized family-owned Chiavetta’s as a true cornerstone of Western New York for generations.  The proclamation mentioned Phil Pericak as a valued partner in the family business.  The proclamation also declared September 10, 2024 as Chiavetta’s Barbeque Day in the State of New York.

Kathleen Chiavetta stated the family business will remain in Brant.  She expressed a deep appreciation for the community. 

At this time, Kim Peck, representative of Senator Gallivan’s Office approached.  She presented the New York State Senate award for 70 years of outstanding contributions and dedication to the growth and prosperity of their community.

With all Peter and Kathleen Chiavetta surrounded by Town and State Officials, the Town Historian Patty Friend took photos. 

Resume Town Meeting: 

APPROVE MINUTES of the AUGUST 20, 2024 MEETING: Councilwoman Giancarlo motioned to approve the minutes of the August 20, 2024 Regular Town Board meeting, and was seconded by Councilwoman Brady.  5 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S JULY 2024 FINANCIAL REPORT: Councilwoman Muffoletto motioned to approve the Supervisor’s July Financial Report, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S JULY 2024 FINANCIAL REPORT: Councilman Muffoletto motioned to approve the Town Clerk’s July Financial Report, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S JULY 2024 FINANCIAL REPORTS FOR KACZMAREK & GIER REGULAR AND BAIL ACCOUNTS: Councilwoman Giancarlo motioned to approve both Bail and Regular Financial accounts for Justice Kaczmarek’s & Justice Gier for July 2024, seconded by Supervisor DeCarlo. 5 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT FOR AUGUST 2024:  The Police Report for August 2024 was read by Police Chief Slawek.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S REPORTS:  The August Highway Report was presented by Highway employee Daryl Novoa.  The Highway department performed shared services with the Towns of Eden and Evans and assisted the Parks department.  It was noted that the Kenworth is back from repair.

Supervisor DeCarlo motioned to approve the report as read.  Councilwoman Giancarlo seconded the motion. 

5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S AUGUST 2024 ACTIVITY REPORT TO THE BOARD: The Town Clerk’s activity report for August was presented.   Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: The September meeting was cancelled.

ZONING BOARD REPORT: Zoning Board chairman Frank Broughton presented the Zoning Board report.  He noted the approval of one Area Variance.  He then mentioned a slight change to be made on the Variance application.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Brady.  5 ayes, 0 nays.  MOTION CARRIED.

RECREATION DIRECTOR’S REPORT:  No report presented

BUILDINGS & GROUNDS REPORT: No report presented

TOWN HISTORIAN REPORTS: Patty Friend stated no historical meeting was held in the month of August.  She discussed the Town of Brant historical display from the Hamburg Fair that was granted a first-place award.  The theme was the Strawberry Festival.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORT: No report presented. 

BRANT FARNHAM SENIORS:  The September report was read by Councilwoman Giancarlo.  Mayor Hoisington spoke on the state of the Village.  He listed the various grants and improvements that were enjoyed by the village.  He stated the property next to Dollar General will be the new fire hall.  Supervisor DeCarlo motioned to approve the report as presented, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT REPORT:  The August Code Enforcement Officer’s report was presented Councilwoman Brady.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING: At 7:30 PM, the Supervisor announced the opening of the public hearing for the Community Development Block Grant.  He asked the Town Clerk to read the legal notice:

The Town Clerk read the legal notice:

TOWN OF BRANT

LEGAL NOTICE OF PUBLIC HEARING

THE TOWN OF BRANT will hold a public hearing on Tuesday, September 10, 2024 at 7:30 PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant.

THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.

THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant.

CITIZENS ARE URGED to attend this meeting to make known their views and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.

THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible.  Those needing special arrangements should call the Town of Brant at (716) 549-0282, ext. 2.

September 3, 2024

By order of the Brant Town Board

Barbara J. Daniel, Brant Town Clerk

Supervisor DeCarlo then motioned to open the public hearing, seconded by Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

Discussion began regarding the possible uses of the Federal funding.  Councilwoman Giancarlo spoke of the various needs for the funding:

• Rear Parking lot of Town Hall (would be a reconstruction project, not eligible for CDBG).  Supervisor DeCarlo stated may possibly be able to tie it in with the Pickleball court and playground.
• Improve lighting around Town Hall.  Possible three poles and three lights on the building.  She added that our whole voting district uses the back of the Town Hall for voting.
• Possibly to refurbish the current Playground and replace rubber base with wood chips
• Possibly install a Stand-alone bathroom for the Town Park.  Current facilities cannot handle a big crowd.  She mentioned the other possibility of working on the septic system.
• She spoke of the possibility of upgrading the refrigerator for the Rec building.  Councilwoman Brady spoke of enhancing the kitchen area of the Recreation bldg. 

General discussion began about the need for air conditioning in the Town Hall Gym area.  A mention of changing the curtains in the gym but the Supervisor noted that they keep a lot of heat out so another solution will be necessary.

Other discussion began about the need for air conditioning in the Town Hall Gym area.  A mention of changing the curtains in the gym but the Supervisor noted that they keep a lot of heat out so another solution will be necessary.

Supervisor DeCarlo asked if anyone had other suggestions.  No one spoke.  Supervisor DeCarlo then motioned to close the public hearing, seconded by Councilman Muffoletto.  5 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING SET TO CONSIDER STREETLIGHT CHANGE STUDIES FOR BRANT FOUR CORNERS:   A recent request was to NYS DOT inquiring on the possible removal of the 3-color streetlight at the intersection of Route 249 and Brant-Angola Road/Brant Reservation Rd.  A preliminary study by NYS DOT found the traffic volume at the intersection is well below the national standards required for a 3-color signal.  The study further suggested the possibility of the 3-color signal becoming a blinking red light on all 4 sides along with the installation of four stop signs.   To move forward on the change, New York State DOT will require further engineer studies that could take up to three months to complete.  After much discussion, Councilwoman Brady suggested seeking public input on the decision whether to request the further study.  Accordingly, Supervisor DeCarlo motioned to set a public hearing for 7:15 PM on October 8, 2024.  He was seconded by Councilman Muffoletto.  Residents who have concerns or suggestions will have the opportunity to speak during the Public Hearing.

OLD BUSINESS: 

BUILDING PERMIT FEE INCREASES DISCUSSION:  Discussion began regarding the increase in the building permit fees.  Attorney Trask stated that the cost of building permit fee is intended to offset the cost to process the applications.  The increase is not to make a profit.  Councilwoman Brady stated she wanted more information regarding what each permit would be for, i.e. interior remodeling, etc. After discussion, they decided the Town Attorney should review the proposed increases, and bring his suggestions to the October Town Board mtg.  Zoning Board chairman Frank Broughton was then asked to send fee considerations for the Zoning Board of Appeals to the Town Board.

LANDSCAPING FRONT OF TOWN HALL:  Councilwoman Giancarlo commended the beautiful job of landscaping for the front of the Town Hall.  Resident Janice Ross asked when the Town will be landscaping the right side of the Town Hall too.  Supervisor DeCarlo responded one step at a time.  Councilwoman Brady also commended Allen and Rick for the work done on the newly painted railings.

MENTION OF UPCOMING SPECIAL USE PERMIT FOR 2K’s CORPORATION:  The Public Hearing will be held October 8^th, 2024 at 7:30 PM.

MAGNETIC HANDICAP SIGNS ARRIVED: The magnetic handicap parking signs have been delivered for the back of the town hall.  They will be installed over the “reserved parking” during the election.

LIST OF SURPLUS ITEMS: Councilman Muffoletto read a list of items that will be considered surplus.  They are:

Qty:                            Description:

 8                                 Chair, upholstered seats, cream colored metal frame

 7                                 Chair, upholstered seats, metal frame

23                                Chair, vinyl seats, metal frame

80 (40)                         Chair, upholstered seats, purple

                        How many chairs back to original donating church? - 40

                        How many chairs are needed for voting? - 20

4                                 Desks

1                                 Exercise bike

1                                 Soloflex weight machine

1                              Air go meter exercise bike with fan

1                                   Sci fit sitting elliptical machine

1                                   Rowing machine

1                                  Treadmill

1                                 Stair stepper exercise machine                     

 1                                 Stainless steel sink with faucet

 1                                 Commercial Dishwasher

 1                                 Commercial Stove

 1                                 Commercial Steam Table

 1                                 Commercial Standing Reach-In Cooler

 1                                 Commercial Ice Cream Cooler

Supervisor DeCarlo then stated that he would like to see the stainless appliances be repurposed for the Recreation building.  These items will be considered from this list.  Councilwoman Marien also added the exercise equipment can also be used.  Councilman Muffoletto stated Football has no room for it.  Town Justice Kaczmarek noted that the hood over the stove will also be removed to be removed and kept with the stove.

Supervisor DeCarlo then motioned to approve the list of items to be declared surplus.  Councilwoman Brady then seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

EXECUTIVE SESSION:

At 8:15 PM, Supervisor DeCarlo motioned to enter executive session for personnel issues and stated there may actions taken after the session.  He was seconded by Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

At 8:56 PM, Supervisor DeCarlo motioned to close the executive session, seconded by Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

APPOINTMENT OF MEO FOR HIGHWAY DEPARTMENT:  Supervisor DeCarlo motioned to approve the appointment of Joseph McEvoy  as full time Motor Equipment Operator for the Highway Department at an hourly rate of $25.00 per hour.  Councilwoman Brady seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  5 ayes, 0 nays. MOTION CARRIED.

APPROVE PAY INCREASE FOR DARYL NOVOA   Supervisor DeCarlo motioned to approve the hour rate increase for Daryl Novoa by $1.50/hour for an hour for a total hourly rate of $26.50 per hour.  Councilwoman Brady seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  5 ayes, 0 nays. MOTION CARRIED.

EWASTE REMINDER: The last ewaste collection for electronics and tires will be held on Saturday September 28, 2024 from 9 am to noon.

APPOINTMENT OF PART-TIME CLERK:  Supervisor DeCarlo motioned to approve the appointment of Frank Broughton as part-time clerk at an hourly rate of $17.00 per hour not to exceed 19 hours per week.  Councilwoman Giancarlo seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

ENGAGE C.P.L. AS CONSULTANT IN THE VACCO SPECIAL USE PERMIT APPLICATION: Attorney Trask advised the Town Board to approve the engagement of C.P.L. as consultant for the Vacco Special Use permit application.  The fee of the RFP is $1,500 and is to be paid for by the applicant.  Supervisor motioned to approve the consultant and was seconded by Councilwoman Giancarlo.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilwoman Brady-aye.  5 ayes, 0 nays. MOTION CARRIED.

RECOGNIZED PRIVILEGE OF THE FLOOR:  No one spoke

Meetings & Correspondence: 

• The first September sales tax remittance is in. The current transfer rate is 1.447% below the corresponding 2023 amount. Year-to-date transfers are running 1.59% below year at this time.

Councilwoman Marien announced the annual Trunk or Treat event will be held on Friday October 18, 2024 at the Town Hall at 6:30 PM.

Supervisor DeCarlo read the Abstract (9 of 2024):

ABSTRACT 9 of 2024

*Prepaid and unpaid as of 9/10/24 Total Claims $ 179,206.21

Gen Fund Town wide Vouchers Totaling: $ 60,554.35

Gen Fund – Part Town Voucher Totaling: $ 49,934.86

Highway T.W. Vouchers Totaling: $ 849.16

Highway P.T. Vouchers, Totaling:  $ 52,872.20

Fire Protection District: $ 12,360.00

Street Lighting:  Voucher Totaling:  $ 2,635.64

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

PAYROLL (2 pay periods):

General Town Wide Payroll 7/28/24-8/24/24 – Totaling $ 96,363.91

General Part Town Payroll   7/28/24-8/24/24 Totaling:  $ 1,242.10

Highway Payroll TW 7/28/24-8/24/24 Totaling:  $ -

Highway Payroll PT 7/28/24-8/24/24 Totaling:  $ 7,199.99

Supervisor DeCarlo motioned to approve Abstract 9 of 2024, seconded by Councilwoman Marien.  A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilwoman Giancarlo, Councilman Muffoletto-aye, Councilwoman Brady.  5 ayes, 0 nays.  MOTION CARRIED.

The next regular Town Board meeting to be held October 8, 2024 at 7:00 PM.

At 9:05 pm, Supervisor DeCarlo motioned to close the adjourn the meeting in memory of those lost in the 9/11 attack, seconded by Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

After adjournment, discussion related to the need to plant a new tree where the old Pine was once was.  No action was taken at this time.

Respectfully submitted by,

Barbara J Daniel

Brant Town Clerk