This Regular Meeting of the Brant Town Board was held on Tuesday, June 12, 2018 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
Present were:
Mark DeCarlo Supervisor
Donald Clark Councilman
Donna Marien Councilwoman
Michael Muffoletto Councilman
William Trask, Sr. Town Attorney
Barbara J. Daniel Recording Secretary
ALSO PRESENT / SIGNED IN WERE:
Lynda Ostrowski Secretary to the Boards
Janice Ross Secretary to the Highway Superintendent
Joseph Ostrowski Planning Board Chairman
Alex Kujawinski Resident
Donald Hepkins Chief of Police
Joyce Ellis Board of Assessment & Review Member
Kathy Nerger Visitor
Tammy Lonkey Empire Collision (Special Use Permit)
Janet Bowman Assessor’s Clerk
Donald Dabrowski Resident
Debra Ritz Resident
Brian Rott Resident
Tish Brady Planning Board Member
Paul Cesana Zoning Board member
Ron Kobel Resident
Joseph Giambrone Highway Superintendent
Joe Reynolds Reynolds Auto Sales (Special Use Permit)
Jana Reynolds Reynolds Auto Sales (Special Use Permit)
Aaron Weiner Ben Weitsman of Brant rep (Special Use Permit)
Thomas Bowman Pro Shop (Special Use Permit)
Michael Boismenu Resident - Lotus Bay
Penny Boismenu Resident – Lotus Bay
The meeting opened at 7:00 PM with the Pledge of Allegiance.
MINUTE APPROVAL MAY 8, 2018 REGULAR TOWN BOARD MEETING: Councilman Muffoletto motioned to accept the minutes of the May 8, 2018 Regular Town Board meeting. Councilman Clark seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S APRIL 2018 FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Muffoletto to accept the Supervisor’s April 2018 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.
BUDGET MODIFICATION #1 of 2018 was read by Supervisor DeCarlo:
FROM: | Richard A. Gryksa MBA, Town Accountant | ||||
SUBJECT: | Budget Modification #1 as of: | April 30, 2017 | |||
Please make a resolution at the regular Town Board meeting on Tuesday June 12th 2018 to approve the | |||||
following Budget Modification(s) to the 2018 Adopted Budget for the following Fund(s): | |||||
Budget | Dec From/ | Fund Account | Amount | ||
Modification | (Inc) To | Code | Description | Object | Over Budget |
General Fund Townwide (A) | |||||
$ 2,512.50 | (DR) Decrease | A1110.14 | Muni Court Pers Serv - Bench Clerk | Pers Serv | |
1,500.00 | (DR) Decrease | A1110.4 | Muni Court Contr Exp Jdg Gier | Contr Expend | |
800.00 | (DR) Decrease | A1110.41 | Muni Court Contr Exp Jdg Kaczmarek | Contr Expend | |
$ (4,812.50) | (CR) Increase | A1110.13 | Muni Court Pers Serv - Office Clerk | Pers Serv | |
This budget mod is to partially support the salary increase for the Office Clerk to $13 per Hour. | |||||
The original amount budgeted for account A1110.13 was only $12,578. | |||||
$ 700.00 | (DR) Decrease | A1355.11 | Assessor - Clerk | Pers Serv | |
$ (700.00) | (CR) Increase | A1355.4 | Assessor | Contr Expend | $ 696.34 |
$ 1,102.48 | (DR) Increase | A3021 | Court Facilities (JACAP) Grant | Revenue | |
$ (1,102.48) | (CR) Increase | A1110.22 | Muni Court - Grants | EQ & Cap Out | $ 1,102.48 |
This budget mod is to increase revenues and expenses for the Justice Assistance Program (JCAP) | |||||
2017 Grant received for furniture and equipment. | |||||
. | |||||
$ 25,434.00 | (DR) Increase | A3021 | Court Facilities (JACAP) Grant | Revenue | |
$ (25,434.00) | (CR) Increase | A1110.22 | Muni Court - Grants | EQ & Cap Out | $ 25,434.00 |
This budget mod is to increase revenues and expenses for the Justice Assistance Program JCAP) | |||||
2018 Grant received for a court surveillance security system. |
APPROVAL OF BUDGET MOD #1 OF 2018: Supervisor DeCarlo motioned to approve Budget modification #1 of 2018 as presented above, seconded by Councilwoman Marien. A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Clark-aye, Councilman Muffoletto-aye. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK/TAX COLLECTOR’S APRIL 2018 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s April 2018 Regular Financial Report, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S APRIL 2018 FINANCIAL REPORTS FOR JUSTICE GIER’S REGULAR AND BAIL ACCOUNTS (No report for Justice Kaczmarek): Councilman Muffoletto motioned to approve both Bail and Regular Financial accounts for Justice Gier for April, and was seconded by Supervisor DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S MAY 2018 REPORT: CEO Gary Brecker presented his May 2018 Report. He noted that he recently cited Weitsman for exceeding their limit on the height of piles. Councilman Clark read a letter he received from a Railroad Avenue resident who presented a complaint about a junkyard and motor vehicle repair shop on Railroad Avenue near her home. She asked the Board to investigate. Code Enforcement officer Brecker responded that the subject of her complaint has placed the cars on property next door to him which is reservation and he has no jurisdiction. He assured the Board that he will monitor it every three months.
Councilman Clark motioned to approve the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S MAY 2018 REPORT: The May 2018 Dog Report was presented by DCO Barb Daniel. Three dogs were in the kennel for May. The Dog Control officer requested the Board to appoint a deputy dog control officer for times she is unavailable. Supervisor DeCarlo responded that a meeting can be held between himself, the dog control liaison Councilwoman Marien, and the Dog control officer to come up with a resolution. DeCarlo stated he would like to look into a shared services option with another Town. No action was taken. Councilman Clark motioned to approve the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT MAY 2018: The May 2018 Police Report was presented by Police Chief Donald Hepkins. Discussion about enforcing tonnage limit (10 ton) on Versailles Plank. Will look into the Highway laws. Councilman Clark motioned to approve the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
HIGHWAY SUPERINTENDENT’S MAY REPORT: The Highway Report for May 2018 was presented by Councilman Clark. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barbara Daniel presented her activity report for May 2018. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: The Planning Board Report of May 2018 meeting was presented by Planning Board Secretary, Lynda Ostrowski. At their last meeting, the Planning Board voted to recommend the approval of a Zoning Board of Appeals application from the owner of 10194 Hammond Road. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD OF APPEALS REPORT: No Zoning Board report was presented for May. No meeting was held.
LEGAL NOTICE – PUBLIC HEARING: the Town Clerk was instructed to read the legal Notice for Public Hearing to be held at 7:30 PM for the review the Special Use Permit renewals within the Town of Brant.
LEGAL NOTICE
TOWN OF BRANT, NEW YORK
NOTICE OF PUBLIC HEARING
Pursuant to resolution of the Town Board of the Town of Brant, New York, notice is hereby given that a public hearing will be held by the Brant Town Board in the Brant Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 12th day of June, 2018 at 7:30 P.M. Local Time, 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. Timothy Clark
1461 Milestrip Rd
N. Collins, NY 14111
Windmill
4. Michael & Barbara Daniel
10575 So. Western Blvd.
Irving, NY 14081
Used car sales, auto detailing and windshield repair
5. Josh Foltz
10307 Mileblock Rd.
North Collins, NY 14111
Commercial warehouse, trucking and truck repair
6. Andrew Lonkey
10962 So. Western Blvd.
Irving, NY 14081
Motor vehicle repair and paint shop
7. Joseph Reynolds
10564 So. Western Blvd
Irving, NY 14081
Used car sales
8. John D. Snyder
1506 Burns Rd.
Angola, NY 14006
Unrestricted used car sales at
10623 So. Western Blvd
Brant, NY 14027
9. Ben Weitsman of Brant LLC
P.O. Box 420
Owego, NY 13827
Junk yard at
1132 Brant Farnham Rd
Brant, NY 14027
10. Family Life Ministries, Inc
7634 Campbell Creek Rd
Bath, NY 14810
This public hearing is being held pursuant to Local Law No.1-2016.
All interested parties will be given an opportunity to be heard.
Dated: May 24, 2018
Barbara Daniel
Brant Town Clerk
At 7:30 PM Supervisor DeCarlo motioned to open the public hearing, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
Discussion began regarding each of the applications. The discussion did not list the applicants in the exact order as presented on the Legal Notice.
Resident Joyce Ellis of Brant Farnham Road: Thanked the Board for reviewing the applicant. Her comment noted the landscaping that was promised has not been done. Fluid filled trucks have been going down Hardpan. The Board responded that may be the manure trucks making their rounds right now. She noted the weeds in the front are not being mowed. She mentioned the ditch being in need of mowing. Councilman Clark asked Mr. Weiner to oversee the maintenance better.
Rick Snavely, CEO for Family Life spoke, noting that he did not pay last year’s renewal fee or this year’s fee. He then quoted an excerpt from the June 13, 2017 Town Board minutes: “Supervisor Pero motioned to instruct the Town Attorney to research the process to exempt Family Life Ministries and Timothy Clark from the Special Use Permit annual renewal requirement. “ He noted that the motion as passed. He then made the board aware of the four Towers in the Town that are not required to renew annually. He stated that Family Life’s original application came in under the wire and should have been included in the same category as the other towers. He reminded the Board that they allow the police department to use the tower to broadcast at no cost.
Attorney Trask responded the Board did not instruct him to find a way to exempt Family Life Ministries. He also noted that the Board may choose to change the renewal from annual to every five years which will allow the Town an opportunity to ensure that conditions are being met, such as ensuring Structural certification are up to date, removal and demolition bonds are up to date, and to make sure there are no other problems. Councilman Clark asked if the applicant was prepared to pay the renewal fee today. Mr. Snavely responded no. If he has to pay the renewal fee, he will start charging the police department for using the Tower.
At 8:07 PM, Supervisor DeCarlo motioned to close the Public Hearing. Councilman Clark seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
RECREATION DIRECTOR’S REPORT: Councilman Muffoletto recapped the following information. The Orientation meeting for new hires was held on June 6th. Background checks are underway. Recreation begins July 2nd. The field trips will be as follows:
July 11: Dunkirk Cinema
July 18: Splash Lagoon
July 24: Fantasy Island
August 1: Buffalo Zoo
August 7: Sky Zone
He then read the names of the 2018 Recreation employees whose background checks are completed:
Rhianna Renaldo, Darian Evans, Mary-Katherine Crapsi, Patrick Majkut, Zachary Evans, Madeline Penn, Jonathon DeMaria, Madison Miranda, Alicia Majkut, Alexa Haberer, Jonathon Wilson and Jordan Scholl.
The employees whose background checks are still pending are:
Marcus Muffoletto, Morgan Ryerse, Adam Gier, Cory Fiutko, Brooke Browning and Madison Justinger.
Supervisor DeCarlo motioned to approve the hiring of the 2018 Recreation employees pending satisfactory background checks. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
Recreation staff shirts: The Board was notified that 25 to 30 staff shirts will be ordered for staff at $8/each.
Assistant Director Appointment: Per the request of Vincent Fininzio, Councilman Muffoletto motioned to approve Liz Viapiano as Assistant Rec. Director in the absence of Vincent Fininzio. Councilman Clark seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
TOWN HISTORIAN’S REPORT: The Town Historian’s May Report was tabled until the July meeting.
FIRE COMPANY REPORTS: Councilman Clark stated Farnham had 28 total calls for May. EMS calls in covered area were 17. No mutual aids. 11 fire related calls. 3 fire calls. 2 Service Calls. 2 Mutual aids for C.I.R. Evans All calls, 5. 112 service hours reported by Peter Chiavetta. Brant reported 11 mutual aids and 1 accident. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
SENIORS REPORT: The Seniors Report from the June 6, 2018 meeting was presented by Secretary Lynda Ostrowski. The Senior meeting for September has been changed to September 12 and the November meeting is changed to the 14th. The July meeting has already been changed to the 11th. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
OLD BUSINESS
E-WASTE FEES: Tabled until the July meeting.
NEW BUSINESS
POLICE CAR #72 APPROVAL FOR AUCTIONS INTERNATIONAL: Supervisor DeCarlo requested board approval to place Police Car #72 on the Auctions International site. Motion was made by Councilman Muffoletto, seconded by Councilwoman Marien. A roll call vote was taken: Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilman Clark-aye, Supervisor DeCarlo-abstain. 3 ayes, 1 abstain, 0 nays. MOTION CARRIED.
TOWN BOARD REPORTS:
Councilwoman Marien: At this time, we are not required to do anything with the Census. She has a call out to a Census official to find out if the Town has a part in the 2020 Census.
Councilman Clark: Nothing to report
Councilman Muffoletto: Nothing to report
Supervisor DeCarlo: Nothing to report
RECOGNIZED PRIVILEGE OF THE FLOOR:
Mr. Donald Dabrowski of Wide Beach expressed the hardships associated with the increased traffic resulting from the rentals, as well as the visitors that frequent Wide Beach. He asked the Board to represent all parties involved, not just the few who rent through AirBnD. Councilman Muffoletto responded that he feels Wide Beach should create an association and stop the rentals as an association. Dabrowski asked if it is an issue that there is a business running in a residential district. Muffoletto responded the Code Officer does not feel it is an issue. Councilwoman Marien responded that they should form a committee to regulate Wide Beach. She then asked for their committee to have a meeting with the Town Board. Mr. Dabrowski stated they had asked for a moratorium to be put in place. Councilman Muffoletto noted the Town of Evans regulates the rentals to ensure safety, but he noted that those who are against the rentals in this instance want it to be stopped entirely. It was also noted that these rentals are both seasonal and AirBnB rentals. Mr. Dabrowski stated he had asked to review the stack of paperwork resulting from research on this issue and was told he cannot review it, without paying 25 cents a page. The Town Clerk responded that he is permitted to review the paperwork without paying. He was instructed to contact the Town Clerk’s office.
Penny Boismenu of 3 Lotus Bay Estate Road, 500 feet south of Wide Beach Rd: Penny presented a recent ad wherein one of the Lotus Bay AirBnB renters is now offering breakfast. She added that the photo identifies the home in question. She then continued that AirBnB identifies itself as an industry on lodging, which she added is listed as a commercial use in the Town of Brant. She then requested the Recording Secretary to quote her with the following: “I do not fabricate any information; I do not make things up about 4 Lotus Bay and what’s going on over there.” She then listed the problems and disruption of the rentals. The Board then advised she should have called the police. She stated she is not against seasonal rentals of 30 days or more.
Mike Boismenu of 3 Lotus Bay: Advised the Board of the research he had conducted pertaining to the short term rentals. He stated that you cannot mix commercial use in a residential zone. He added that lodging is not listed as a permitted use in a residential zone. He stated that if it is not listed in the R-2 Residential section, then it is not a permitted use. He added there is no history of continuous non-conforming utilization of people running a business in this R2 Residential zone. He added that they are against short terms rentals vs. rentals of 30 days or more.
Councilman Clark advised Mr. Boismenu to handle problems with the rentals by contacting the police. He added this is a complex issue that no town has been able to solve. He asked Boismenu to show him one town that has successfully passed a law against short term rentals. Grand Island’s attempts were discussed and it was noted by the Town Board that Grand Island had their law revoked. Mr. Boismenu then rebuked the Planning Board’s findings resulting from their research of short term rentals, accusing them of violating the Town’s Code of Ethics law claiming one of the members had a financial interest, and should have recused herself from the discussion. The Planning Board chairman denied his claim and noted that the member did recuse herself.
Paul Cesana of Lotus Bay Estate Drive: Asked to be able to explain that some information has been misrepresented and he wanted to clarify.
MEETINGS AND CORRESPONDENCE:
Supervisor DeCarlo then read Abstract 6:
Abstract 6 of 2018
*Prepaid and unpaid as of 6/12/18 Total Claims $90,714.93
Gen Fund Town wide Vouchers Totaling: $49,111.11
Gen Fund – Part Town Voucher Totaling: $7,910.50
Highway T.W. Vouchers Totaling: $2,423.55
Highway P.T. Vouchers, Totaling: $11,920.16
Fire Protection: Vouchers: Totaling: $0
Street Lighting: Voucher Totaling: $2,256.85
H Capital Projects: Vouchers Totaling: $0
Lotus Bay Sewer Dist. 1: Vouchers: $0
Brant Farnham Sewer Dist 2: Vouchers Totaling: $750.00
Brant Water Dist 1: Voucher: Totaling $16,307.50
PAYROLL (2 pay periods):
General Town Wide Payroll 4/29/18 – TO 5/26/18 Totaling $46,870.54
General Part Town Payroll 4/29/18 – TO 5/26/18 Totaling: $823.54
Highway Payroll TW 4/29/18 – TO 5/26/18 Totaling: $2,226.39
Highway Payroll PT 4/29/18 – TO 5/26/18 Totaling: $6,109.20
Supervisor DeCarlo motioned to approve Abstract 6 of 2018, seconded by Councilwoman Marien. A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Clark-aye, Councilman Muffoletto-aye. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor DeCarlo thanked the Village of Farnham for assisting with drainage work at the Park May 17th, 18th and 21st. The Village also assisted with their equipment utilizing shared services.
The next Town Board meeting will be Tuesday, July 10, 2018 at 7:00 pm.
Town Attorney Trask asked to hold a brief Executive session to discuss some privileged uses with the Board.
At 8:45 PM, Supervisor DeCarlo announced the Board will go into executive session, after which they will adjourn in memory of Mary Ann Toy and Laurie Ortel.
At 8:46 pm, a motion was made by Supervisor DeCarlo, seconded by Councilwoman Marien to enter executive session. A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Clark-aye, Councilman Muffoletto-aye. 4 ayes, 0 nays. MOTION CARRIED.
At 9:19 pm, Supervisor DeCarlo motioned to adjourn the meeting, seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk