This Regular Meeting of the Brant Town Board was held on Tuesday October 8, 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

Barbara Daniel                                   Recording Secretary

Absent

Michael Muffoletto        Councilman

William Trask, Sr.              Town Attorney

ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:

Thomas Bowman                             Resident

Debra Ritz                                       Planning Board Chairman

Brian Rott                                            Resident

Janice Ross                                         Planning Board

Lynda Ostrowski                               Resident

Kristen Podkulski                              Deputy Town Clerk

Mark Slawek                                      Police Chief

Tracy Kaczmarek                              Supervisor’s Secretary

Frank Broughton                              ZBA Chairman

Sandra Fininzio                               Resident

Peter Chiavetta                              Brant EMS

Evan Russell                                    Farnham Fire Chief
 

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

APPROVE MINUTES of the September 10^th 2024: Councilwoman Giancarlo motioned to approve the minutes of the August 20, 2024 Regular Town Board meeting, and was seconded by Councilwoman Marien.  4 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S AUGUST 2024 FINANCIAL REPORT: Councilwoman Giancarlo motioned to approve the Supervisor’s August Financial Report, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S AUGUST 2024 FINANCIAL REPORT: Supervisor DeCarlo motioned to approve the Town Clerk’s August Financial Report, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

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

POLICE REPORT FOR SEPTEMBER 2024:  The Police Report for September 2024 was read by Police Chief Slawek. Brant Police Department is actively looking for Police Officers and have applications available in the office.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S REPORTS:  TABLED

TOWN CLERK’S SEPTEMBER 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 Brady.  4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Report read by Debra Ritz, planning board chairperson. Spoke about an extra meeting scheduled for October 22^nd at 6:30pm to discuss the new solar law and invited attorneys who represent Solar Farm Companies to attend to get an idea of what they are looking for and proposing. Also invited Justin from CPL to attend the meeting as well to understand the language and what needs to be done.

Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: Zoning Board chairman Frank Broughton presented the Zoning Board report. No meeting scheduled yet. He explained that all applications need to go through the Town Clerks office and not the Code Enforcement office. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays.  MOTION CARRIED.

RECREATION DIRECTOR’S REPORT:  No report presented

BUILDINGS & GROUNDS REPORT: No report presented

TOWN HISTORIAN REPORTS: TABLED

FIRE DEPARTMENT REPORT: No report presented. 

BRANT FARNHAM SENIORS:  The October 2024 report by Secretary Lynda Ostrowski was read by Councilwoman Giancarlo.  Guest speaker John Chiavetta attended the meeting and spoke on health coverages for seniors. Supervisor DeCarlo motioned to approve the report as presented, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING: At 7:15 PM, the Supervisor announced the opening of the public hearing for the Discussion on removal of the 3-color traffic light at the intersection of 249 and Brant Angola Road.

Town Clerk read the Legal Notice:

                                                                                                                     LEGAL NOTICE

                                                                                                                 TOWN OF BRANT

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the Town Board of the Town of Brant will conduct a public hearing on October 8, 2024 at 7:15 p.m., at the Brant Town Hall, Brant-North Collins Road, Brant, New York, to hear all persons with interests in the following matter:

In a recent request to NYS DOT, the Town of Brant had inquired 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 sides and the installation of four stop signs.   The change would require a request from the Brant Town Board for further engineer studies that would begin in the spring of 2025 and continue throughout the summer.  The Brant Town Board has decided to seek public input on the decision whether to request the further study.  Accordingly, residents who have concerns or suggestions should attend the October 8^th, 2024 Public Hearing.

DATED:  September 26, 2024

BY ORDER OF BRANT TOWN BOARD

BARBARA J. DANIEL

BRANT TOWN CLERK

Supervisor DeCarlo then read the letter from the NYSDOT regarding the study that was performed at the signal.  Supervisor DeCarlo motioned to open the public hearing, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING TO CONSIDER STREETLIGHT CHANGE STUDIES FOR BRANT FOUR CORNERS: Supervisor DeCarlo then read a letter from resident Branda Giacchino in support of changing the 3-color light to a 4-way stop with blinking red light.  Brant Resident Sandra Finizio spoke on support of changing the 3-color traffic light to a 4 way stop with blinking red light and requested speed bumps be put in in addition to the 4-way stop. Resident Lynda Ostrowski spoke against changing the 3-color traffic light. Peter Chiavetta then spoke about his experience as EMS and his opinion on a 4-way stop being beneficial to decrease accidents. Councilwoman Brady then asked about the number of tickets that the police write regarding other places that have stop signs and people running those stop signs. Resident Debra Ritz then spoke against changing the light to a 4-way stop due to it being a downgrade from what we already have. Resident Frank Broughton also spoke against changing the light. No action was taken. Motion was then made by Supervisor DeCarlo to close the public hearing, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED

PUBLIC HEARING: At 7:30 PM, the Supervisor announced the opening of the public hearing for the Discussion of Special Use Permit for 2K’s Corporation at 10962 Southwestern Blvd.

Town Clerk read the Legal Notice:

LEGAL NOTICE

TOWN OF BRANT TOWN BOARD

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Town Board in the Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 8th day of October, 2024 at 7:30 P.M. local time for the purpose of considering the Special Use Permit application of 2K’s Corporation to operate an Automotive Repair shop, Indoor/Outdoor storage for Auto’s, Trailers, Boats & RV’s, etc. located at 10962 Southwestern Blvd, otherwise identified as SBL# 266.00-2-15.1 within the Town of Brant New York. Brant Code Section 161-67(B)(2) requires a public hearing for Special Use permit applications.

All interested parties will be given an opportunity to be heard. 

Dated: September 26, 2024

By order of the Brant Town Board

BARBARA DANIEL

BRANT TOWN CLERK

Supervisor DeCarlo motioned to open the public hearing, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

Resident Frank Broughton asked if there would be public restrooms there. Councilwoman Giancarlo explained that there are 2 bathrooms showing in the plans.

Motion was then made by Supervisor DeCarlo to close the public hearing, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED

RESOLUTION DECLARING NEGATIVE DECLARATION UNDER SEQR & APPROVING SPECIAL USE PERMIT FOR 10962 SOUTHWESTERN BLVD Supervisor DeCarlo recommended along with the rest of the Town Board to approve the permit once they are provided with better site plans. Councilwoman Giancarlo and Marien both seconded that decision. Supervisor DeCarlo then read the negative declaration under SEQR and resolution. Supervisor DeCarlo made motion to approve on the condition of an improved site plan and approval of the special use permit, seconded by Councilwoman Brady. 

Roll call was taken:

AYES:                                                                                    NOES:

Supervisor DeCarlo                          aye

Councilwoman Brady                      aye                                     None

Councilwoman Giancarlo                aye

Councilwoman Marien                    aye                        

MOTION CARRIED.

CODE ENFORCEMENT REPORT:  The September 2024 Code Enforcement Officer’s report was read by Councilwoman Brady.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

RESOLUTION FOR CDBG-PHASE 2 PLAYGROUND PROJECT Councilwoman Giancarlo reported that Mircle Playground came and looked at repairing our current playground and determined that it is not fixable and not ADA compliant. They are looking to have it replaced with something smaller and ADA compliant along with lighting. Supervisor DeCarlo reported that Erie County are allowing grants up to $150,000. Town share may be around $45,000. Lighting would be considered phase 2 of the pickleball court.

Supervisor Mark DeCarlo presented the following Resolution, and moved its adoption:

WHEREAS, following the Public Hearing of September 10, 2024, which was held at the Brant Town Hall for suggestions by the public for projects to be submitted for funding:

NOW, THEREFORE BE IT RESOLVED, that the Brant Town Board submits the following projects to be considered for funding by the Erie County Community Development Block Grant Program during the 2025-26 grant cycle:

1^st Priority – Brant Town Hall Playground Replacement Project, requesting $150,000 with a match of 25% to be provided using a combination of cash and in-kind services using the following line items:

• DB5110.1 / A1620.1 / A1620.11 / Cash from Town Hall EQ-CO A1621.2

2^nd Priority - Rural Transit Service

NOW THEREFORE BE IT RESOLVED that the Brant Town Board authorizes Mark J. DeCarlo, Town Supervisor, to sign, submit, and execute a contract with Erie County Community Development Block Grant (ECCDBG) Program for the cited project under the approval of ECCDBG.

AND BE IT FURTHER RESOLVED THAT, the Brant Town Board will provide the matching funds for the above project using line item:

In-kind labor from

DB5110.1 (General Repairs Personnel Services)

A1620.1 (Building/Grounds Personnel Services)

A1620.11 (Building/Grounds Personnel Services)

Cash from New Town Hall Building EQ/CO, line item A1621.2

Councilwoman Tish Brady seconded the motion.  A roll call vote was taken and resulted as follows:

AYES:                                                                                    NOES:

Supervisor DeCarlo                          aye

Councilwoman Brady                      aye                         None

Councilwoman Giancarlo             aye

Councilwoman Marien                   aye                        

RESOLUTION ADOPTED

ENGINEERING PROPOSAL, DON GALLO PENDING FUNDING OF CDBG PLAYGROUND PROJECT Supervisor DeCarlo requested to approve funding for CDBG of $21,400. Supervisor DeCarlo made a motion to approve funding, seconded by Councilwoman Giancarlo. Roll Call was taken:

AYES:                                                                                    NOES:

Councilwoman Giancarlo              aye

Councilwoman Brady                      aye                         None

Councilwoman Marien                 aye

Supervisor DeCarlo                          aye                        

MOTION CARRIED.

RESOLUTION FOR JCAP GRANT

The following resolution was offered by Supervisor Mark DeCarlo moved the adoption of the following resolution:

WHEREAS the Brant Town Court is requesting authorization from the Brant Town Board to apply for funding from the Justice Court Assistance Program during the upcoming grant cycle.

WHEREAS Resolution by the Brant Town Board authorizing the Brant Town Court is required for application.

Be It RESOLVED The Board of the Town of Brant authorizes the Brant Town Court to apply for a JCAP grant in the 2024-25 cycle up to $30,000.

Resolution was seconded by Councilwoman Donna Marien and duly put to vote as follows:

Supervisor Mark DeCarlo                              Aye

Councilwoman Donna Marien                    Aye

Councilwoman Linda Giancarlo                   Aye

Councilwoman Tish Brady                             Aye                        4 Ayes, 0 nays 

Resolution adopted

Supervisor DeCarlo then presented the following resolution and moved for its adoption:

RESOLUTION DECLARING LEAD AGENCY STATUS UNDER SEQR, MAKING A ZONING REFERRAL TO ERIE COUNTY FOR LOCAL LAW 3-2024

WHEREAS the Town of Brant, Erie County, New York is considering adoption of a local law extending and existing on issuance of applications and processing of same relative to Commercial Solar Facilities 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 purpose of compliance with SEQRA. 6 NYCRR Part 617 in connection with Type II 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 and it is further

RESOLVED, that a public hearing on such a proposed local law be held on Tuesday, November 12, 2024 at 7:30 pm local time, and it is further

RESOLVED, that a zoning referral (ZR-1) relative to such matter be promptly sent the County of Erie Department of Environment and Planning.

Resolution was seconded by Councilwoman Marien and duly put to vote as follows:

Supervisor Mark DeCarlo                              Aye

Councilwoman Donna Marien                    Aye

Councilwoman Linda Giancarlo                   Aye

Councilwoman Tish Brady                             Aye                        4 Ayes, 0 nays 

Resolution adopted

SET PUBLIC HEARING FOR LOCAL LAW 3-2024 EXTENDING MORATORIUM ON COMMERCIAL SOLAR FACILITIES Supervisor DeCarlo presented the following proposal:

A local law imposing a temporary moratorium on the issuance of applications and the granting of permits, licenses or approval for the Siting of Solar Energy Systems on the Town of Brant in order to allow for the adoption of appropriate regulations pertaining to such land uses,

Be it enacted by the Town Board of the Town of Brant (“Town”) as follows:

WHEREAS, the Town of Brant has received inquiries about siting and locating commercial scale solar panel installations on lands within the Town of Brant, and

WHEREAS, it has been determined that current local laws, ordinances and regulations do not adequately address many of the issues and concerns which must be considered to fairly address the impacts of such uses upon the Town, and

WHEREAS, the Town Board has determined that it is necessary to protect the public interest and welfare by imposing a temporary moratorium on new siting, location and establishment of the Solar Energy Systems while the Town undertakes a comprehensive review of concerns and issues raised by these uses and, accordingly, enacted Local Low #2-2024 on July 9, 2024 imposing a six (6) month moratorium which expires in January, 2025, and

WHEREAS, it is necessary to extend the current moratorium to allow additional time to draft changes to current laws, including possible changes to the Town of Brant Zoning Law, and

WHEREAS, such moratorium is intended to allow the Town sufficient and necessary time to address such concerns and issues and enact new laws, ordinances or regulations, and/or appropriate amendments to existing laws, ordinances or regulations to properly address community impacts, concerns or issues in a manner which is meaningful and consistent with the Town’s comprehensive plan and the Planning Board has indicated that it needs additional time to make such recommendations to the Town Board.

NOW, THEREFORE, the Town Board of the Town of Brant hereby declares that no new applications shall be issued and no permits or approvals shall be granted by an officer, department, board or agency of the Town of Brant with respect to the siting, location or establishment of Solar Energy Systems within the Town of Brant for an additional period of six (6) months from the effective date of this local law, unless earlier terminated by other local law, duly adopted.

As used in the law the term “Solar Energy System(s)” shall mean and include, all systems covered under Local Law #2 of 2017. Notwithstanding the foregoing, residential, business and industrial properties with rooftop solar panel installations which generate electricity solely servicing the property where the rooftop installations are located are exempt from this moratorium as are all municipal and school installations and properties.

This local law is intended to supersede all applicable provisions of the Town of Brant Code, to the extent required to give effect to the provisions hereof for the effective period hereof.

Supervisor DeCarlo made a motion to set the public hearing is set for November 12, 2024 at 7:30pm. Seconded by Councilwoman Marien and duly put to vote as follows:

Supervisor Mark DeCarlo                              Aye

Councilwoman Donna Marien                    Aye

Councilwoman Linda Giancarlo                   Aye

Councilwoman Tish Brady                             Aye                        4 Ayes, 0 nays 

Motion approved.

RE-APPOINTMENT OF MARK SLAWEK AS PROVISIONAL BRANT CHIEF OF POLICE Supervisor DeCarlo stated with pending successful passing of the Erie County Police Chief test when available with payrate of $38.90/ hour; not to exceed 39.5 hours per pay period. Provisional appointment until a new civil service list comes into effect.  Last list was not valid. New list will come out in the next 12 months.

Supervisor DeCarlo made a motion seconded by Councilwoman Brady and duly put to vote as follows:

Supervisor Mark DeCarlo                              Aye

Councilwoman Tish Brady                             Aye

Councilwoman Linda Giancarlo                   Aye

Councilwoman Donna Marien                    Aye                        4 Ayes, 0 nays 

Motion approved.

SCHEDULING OF BUDGET WORKSHOP Supervisor DeCarlo requested the board agree on a date to meet for the budget workshop. Budget meeting was scheduled for 10/23/24 at 6:00 pm.

3 SPECIAL USE PERMIT APPLICATIONS RECEIVED Supervisor DeCarlo made a formal referral to the Planning Board for review applications for Jay Vacco 1132 Brant Farnham Road, Mike Donlin 165 Lotus Point Road & Thomas Bowman Jr 10623 Southwestern Blvd. Seconded by Councilwomen Giancarlo. 4 ayes, 0 nays. MOTION CARRIED

REMINDER OF THE TRUCK OR TREAT HELD AT THE TOWN HALL ON FRIDAY OCTOBER 18^TH, 2024 AT 6:30PM.

MOTION TO APPROVE HALLOWEEN TRICK OR TREAT HOURS Supervisor DeCarlo made a motion to approve trick or treat hours for the Town of Brant for Thursday October 31^st from 6pm to 8pm. Seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED

REMINDER MONDAY NOVEMBER 11, 2024 AT 11AM FARNHAM WILL BE HOSTING A VETERAN’S DAY CELEBRATION INCLUDING PLAQUE DEDICATION TO RAY DUNKEL. FARNHAM FIREHALL WILL BE HOSTING A SPAGHETTI DINNER ON OCTOBER 19^TH AT THE FARNHAM FIREHALL AND BRANT WILL BE HOSTING THEIR SPAGETTI DINNER ON NOVEMBER 10^TH AT THE BRANT FIRE HALL. ALL ARE WELCOME.

Supervisor DeCarlo reported the first October sales tax remittance is in. Current transfer is 10.84% greater that the corresponding 2023 amount. Year to date transfers are running 0.05% below last year.

Supervisor DeCarlo announced that on Thursday November 7, 2024 from 4-6pm the NYSDOT will hold an informal public information meeting regarding mill and overlay of asphalt pavement project on NY Route 5 and Commercial Street to Kennedy Avenue. This meeting will be held at the Brant Town Hall.

Councilwoman Marien spoke of the last E-Waste and Tire event that was held on September 28^th. It went well but there is not enough to be picked up. The pallets will be wrapped with tarps and put aside for next year.

Supervisor DeCarlo read the Abstract (10 of 2024):

ABSTRACT 10 of 2024

*Prepaid and unpaid as of 10/8/24 Total Claims $ 83,183.79

Gen Fund Town wide Vouchers Totaling: $ 47,177.56

Gen Fund – Part Town Voucher Totaling: $ 14,314.37

Highway T.W. Vouchers Totaling: $ 16,816.14

Highway P.T. Vouchers, Totaling:  $ 2,160.23

Street Lighting:  Voucher Totaling:  $ 2,715.49

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

             Brant Fire Protection Dist.: - Totaling $ -

PAYROLL (2 pay periods):

General Town Wide Payroll 8/25/24-9/21/24 – Totaling $ 60,552.61

General Part Town Payroll   8/25/24-9/21/24 Totaling:  $ 1,242.10

Highway Payroll TW 8/25/24-9/21/24 Totaling:  $ -

Highway Payroll PT 8/25/24-9/21/24 Totaling:  $ 5,511.68

Councilwoman Giancarlo made the motion to approve the abstract. Seconded by Supervisor DeCarlo. Roll call was taken.

Councilwoman Linda Giancarlo                   Aye

Supervisor Mark DeCarlo                              Aye

Councilwoman Donna Marien                    Aye

Councilwoman Tish Brady                             Aye                        4 Ayes, 0 nays 

Motion approved.

The next regular Town Board meeting to be held November 12, 2024 at 7:00 PM.

At 8:10 pm, Supervisor DeCarlo motioned to close the adjourn the meeting in memory of Clark Phillips.

Supervisor DeCarlo made a motion to move into executive session. Seconded by Councilwoman Marien.

Supervisor DeCarlo made a motion to close executive session and adjourned meeting at 8:45pm. Seconded by Councilwoman Marien.

Respectfully submitted by,

Kristen Podkulski

Brant Deputy Town Clerk