This Regular Meeting of the Brant Town Board was held on Tuesday, July 10, 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

Donald Hepkins                                                Chief of Police

Joyce Ellis                                            Board of Assessment & Review Member

Janet Bowman                                  Assessor’s Clerk

Debra Ritz                                           Resident

Brian Rott                                            Resident

Joseph Giambrone                          Highway Superintendent

Michael Boismenu                           Resident - Lotus Bay

Penny Boismenu                              Resident – Lotus Bay

Dolly Huffnagle                                 Village of Farnham Trustee

Alden Harwood                                                Resident

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

MINUTE APPROVAL JUNE 12, 2018 REGULAR TOWN BOARD MEETING: Supervisor DeCarlo motioned to accept the minutes of the June 12, 2018 Regular Town Board meeting. Councilman Clark seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S MAY 2018 FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Muffoletto to accept the Supervisor’s May 2018 Financial Report as presented.  4 ayes, 0 nays.  MOTION CARRIED.

BUDGET MODIFICATION #1 of 2018 was read by Supervisor DeCarlo:

APPROVAL OF BUDGET MOD #2 OF 2018:  Councilman Muffoletto motioned to approve Budget modification #2 of 2018 as presented above, seconded by Councilwoman Marien. A roll call vote was taken: Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilman Clark-aye, Supervisor DeCarlo-aye.  4 ayes, 0 nays.  MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S MAY 2018 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s May 2018 Regular Financial Report, seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S MAY 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 May, and was seconded by Supervisor DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S JUNE 2018 REPORT: The Code Enforcement Officer’s June report is tabled until the August Meeting.

DOG CONTROL OFFICER’S JUNE 2018 REPORT: The Dog Control Officer’s June report is tabled until August Meeting.

POLICE REPORT JUNE 2018: The June 2018 Police Report was presented by Police Chief Donald Hepkins. The Chief read a letter of Commendation that was received from 10650 Lakeshore Rd.  Councilman Clark motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S JUNE REPORT: The Highway Report for June 2018 was presented by Councilman Clark. Councilman Muffoletto asked Janice Ross about Stone Parking Lot. 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 June 2018. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo motioned to approve Diane Czyz as a second Deputy Clerk as needed, with pay being $13.00 per hour, seconded by Councilman Muffoletto. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilwoman Marien-aye. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Planning Board Secretary, Lynda Ostrowski stated there was no meeting.

ZONING BOARD OF APPEALS REPORT:  Councilman Muffoletto read the report from the June 28, 2018 meeting. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

RECREATION DIRECTOR’S REPORT: Councilman Muffoletto read the report from the Recreation Director. There are 157 children registered. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

PARKS COMMISSIONER REPORT: Allen Nolan submitted a lengthy report that will be available for anyone who wishes to review it. The Commissioner wishes to thank Farnham Fire Department and Lake Erie Beach Fire Department for filling the pool and for the shared services with helping with a water main break.

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

TOWN HISTORIAN’S REPORT: The Town Historian’s June Report was tabled until the August meeting.

FIRE COMPANY REPORTS: Councilman Clark read the fire reports from the Farnham Fire Company and the Brant Fire Company.  No paper copy was available.  Supervisor DeCarlo motioned to accept the report as given, seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

SENIORS REPORT: The meeting was moved to July 11.

LIFEGUARDS NOTED: Councilman Muffoletto noted that 6 lifeguards were hired.  They are:

Brianna Browning

Haley Kennedy (new)

Kevin Shanbacher

Max Yargau

Alex Hutz (new)

Chris Jackiel (new)

OLD BUSINESS

CHANGES TO RENEWAL CONDITIONS FOR FAMILY LIFE MINISTRIES TOWER: Supervisor DeCarlo reminded the board that the renewal for Family Life Ministries was extended 30 days at the June meeting to allow the Board to research changes to the Special Use Permit renewal terms.  Councilman Muffoletto  discussed the renewal  terms with Rick Snavely, representative for Family Life Ministries.  The following renewal conditions were agreed upon, based on Board approval:

The annual renewal requirement for Family Life Ministries will now be changed to a renewal every five (5) years with the fee waved, in exchange for the use of the Tower for Town, fire Radio transmission.

Supervisor DeCarlo then read the following proposed resolution:

RESOLVED that the Special Use Permit for Family Life Ministries Radio Tower on Milestrip Road be renewed, and

Be it FURTHER RESOLVED, that in consideration of the co-location of emergency services communication equipment on the Tower at no cost to the Town and agencies who are allowed such co-location, the renewal fee will be waved.  The Special Use Permit shall be issued for a period of five (5) years to expire on June 30, 2023 subject to renewal at that time.  All their permit conditions shall remain in effect.

Supervisor DeCarlo motioned to adopt the resolution as presented, and was seconded by Councilman Muffoletto,  A roll call vote was taken: Supervisor DeCarlo Aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilwoman Marien-aye.  4 ayes, 0 nays.  MOTION CARRIED.

UPDATE ON RECREATION EMPLOYEES: Supervisor DeCarlo noted that all recreation employees have completed background checks at this time.

E-WASTE FEES:  Councilman Muffoletto suggested every other month, instead of every month.    Councilman Muffoletto will look into options.  This item is tabled until the August meeting to discuss possible changes for next year.

NEW BUSINESS

BID RECEIVED ON POLICE CAR #72 ON AUCTIONS INTERNATIONAL: Supervisor DeCarlo noted that car #72 received a bid of $1,775.00.   Motion was made by Supervisor DeCarlo to accept the bid of $1,775.00 for Car #72.  Councilman Clark seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  4 ayes, 0 nays.  MOTION CARRIED.

LOTUS POINT ROAD SPEED REDUCTION REQUEST:  Supervisor DeCarlo mentioned a letter he received from a Lotus Point Road resident asking to have the speed limit reduced.  The Police confirmed Lotus Point is a State road.  The Supervisor is going to look into a letter that was sent in the past requesting the speed reduction.  This item is tabled until the August meeting.

LED STREETLIGHT CONVERSION:  Supervisor DeCarlo spoke with NYSEG about converting the Town’s 195 streetlights to LED.  He spoke of possible grants.  This item is tabled until the August meeting.  NYSEG will send a quote for the conversion.

BRIDGE CLOSURE INFORMATION: Brant Angola Road bridge closure is scheduled to re-open in the first week of September.

ESTIMATE FOR WATER SOFTENER FOR PUMP HOUSE: Supervisor DeCarlo mentioned a quote he received from Ehmke for Water softener for the Pump House.  The quote is $937.50.  Supervisor DeCarlo motioned to approve the purchase.  Councilman Muffoletto seconded the motion.   4 ayes, 0 nays.  MOTION CARRIED.

LETTER FROM RESIDENT OF CAIN ROAD: Supervisor DeCarlo noted a letter received from a Cain Road resident requesting the Town impose a “Quiet Zone” at the railroad tracks on Cain Road my Shore Meadows.  The Supervisor will look into that to discuss at the August meeting.

LETTER FROM LEGISLATOR MILLS REQUESTING ROADS IN NEED OF REPAIR: Supervisor DeCarlo noted a letter he received from Legislator Mills asking Towns in Erie County to submit a list of roads in need of repair within the Town.  The Town has until Friday to submit the list.  A list of roads in need of repair should be drafted over the next 2 days.  Highway Superintendant Giambrone will be consulted on the roads in need.

TOWN BOARD REPORTS:

Councilman Muffoletto:  Questioned why the Town of Brant has to pay the wages of the Bingo Inspector for the Brant Fire Company.  Attorney Trask will look into it.

Councilman Clark:  Attended the Association of Erie County Government dinner and found the Narcan training that was conducted afterwards very informative.

Councilwoman Marien:  Noted the success of the Summer Concert Series being conducted in the Village.

DISCUSSION REGARDING THE SIGN STATING A $500. FINE FOR DUMPING AT PARK:  Councilman Muffoletto noted that we have a law on the books to prohibit dumping.

RECOGNIZED PRIVILEGE OF THE FLOOR:

Janice Ross of Versailles Plank: Invited the Town Board to attend the next SPDG (Southtown Planning Group) meeting on Monday July 23^rd at 6:30 PM at Mickey Rats

Dolly Huffnagle, Village Trustee:  Asked the Board to consider Shaw Road as one of the roads to be repaired.  It was noted that Shaw Road is partly in Brant and partly in the Village and needs to be mowed.  She noted that there is shooting going on behind her house.  She also stated that Route 5 from the Reservation to Detroit Street is also in bad condition.  Supervisor DeCarlo responded that he will look into both of her concerns.

Penny Boismenu of 3 Lotus Bay Estate Road, asked Councilman Clark if he is operating an AirBnB in the Town of Evans.  The Councilman noted that this is personal information.  She then stated that Local Law #9 is valid.  Supervisor DeCarlo responded that it was challenged.  She then stated that an officer told her that if someone is speeding down their road, police can’t do anything because it is a private road.  She then quoted Tish Brady stating they had been renting for 30 years.  Penny noted that she only saw the property rented twice in the 23 years they lived at their address; therefore she disagrees with considering the activity grandfathered. 

Supervisor DeCarlo then read Abstract 7:

Abstract 7 of 2018

*Prepaid and unpaid as of 7/10/18 Total Claims $235,546.38

Gen Fund Town wide Vouchers Totaling: $56,184.03

Gen Fund – Part Town Voucher Totaling: $0

Highway T.W. Vouchers Totaling: $2,730.62

Highway P.T. Vouchers, Totaling:  $54,430.56

Fire Protection:  Vouchers:  Totaling: $120,062.00

Street Lighting:  Voucher Totaling:  $2,139.17

H Capital Projects:  Vouchers Totaling:  $0

Lotus Bay Sewer Dist. 1:  Vouchers:  $0

Brant Farnham Sewer Dist 2:  Vouchers Totaling:  $

Brant Water Dist 1:  Voucher:  Totaling $

PAYROLL (2 pay periods):

General Town Wide Payroll 5/27/18 – TO 6/23/18 Totaling $47,468.70

General Part Town Payroll   5/27/18 – TO 6/23/18 Totaling:  $678.70

Highway Payroll TW 5/27/18 – TO 6/23/18 Totaling:  $0

Highway Payroll PT 5/27/18 – TO 6/23/18 Totaling:  $8,253.95

Councilman Clark motioned to approve Abstract 7 of 2018, seconded by Councilwoman Marien. A roll call vote was taken: Councilman Clark-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Supervisor DeCarlo-aye.  4 ayes, 0 nays.  MOTION CARRIED.

NEW SEPTIC LAWS:  Town Attorney Trask addressed the Town Board and Public: In an effort to make the public aware that Erie County Sanitary Code requires that if you sell your property with a septic system, it has to be approved before you can close on the sale.  However, he added that this year, without publicizing it, they changed the rule.  If you have a sand filter that was installed in the mid 1980’s or earlier, and it has a direct discharge to a ditch or field, the engineers in the health department unilaterally over the last few months will refuse to do a die test on your system until you retrofit your septic system with changes to bring it up to date.  Attorney Trask submitted a Foil request asking what efforts they took to notify the public.  To this date, their website does not instruct the public of the new changes.  It was noted that a letter to support the complaint will be drafted by the Town Attorney and Town Board, will be sent to Erie County.

Next meeting will be August 14, 2018 at 7:00 PM.

Correspondence: Supervisor DeCarlo noted he had a few pieces of correspondence available for anyone who wishes to view it.  One was the sales tax update, and the other was a notification of possible changes to the FEMA map.

At 8:47 pm, Supervisor DeCarlo motioned to adjourn the meeting in memory of Mildred Vacco, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk