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

6896423573. Trask, Sr. Town Attorney

Barbara J. Daniel Recording Secretary

ALSO PRESENT / SIGNED IN WERE:

Patty Friend Town Historian

Janice Ross Highway Secretary

Alex Kujawinski Resident

Janet Bowman Assessor’s Clerk

Penny Boismenu Resident

Michael Boismenu Resident - Lotus Bay

Debra Ritz Resident

John Mills Erie County Legislator Dist. 11

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

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS: The Supervisor recognized Honorable John Mills our Legislator.

MINUTE APPROVAL SEPTEMBER 18, 2018 REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes of the September 18, 2018 Regular Town Board meeting. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S AUGUST 2018 FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilwoman Marien to accept the Supervisor’s August 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 #__ OF 2018: Councilman Muffoletto motioned to approve Budget modification #___ 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 AUGUST 2018 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s August 2018 Regular Financial Report, seconded by Supervisor DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S AUGUST 2018 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilman Muffoletto motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for August 2018, and was seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S SEPTEMBER 2018 REPORT: Code Enforcement Officer’s September report was read by Councilman Clark. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S SEPTEMBER 2018 REPORT: The Dog Control Officer read the September report. Councilman Clark motioned to approve the September report, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTIONED CARRIED.

POLICE REPORT SEPTEMBER 2018: The September 2018 Police Report was read by Councilman Clark. It was noted that the plate reader helped two of our officers arrest two people carrying meth. The Police Department wants to commend Officers Chad Wanderlich and Clayton Reed for dedication to their police work. Councilman Muffoletto motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S SEPTEMBER REPORT: The Highway Report for September 2018 was presented by Councilman Clark. It was also noted that the backhoe is in need of six to seven thousand dollars in repairs. The inventory report was also submitted. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barbara Daniel presented her activity report for September 2018.

Councilman Clark made a motion to accept the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Supervisor DeCarlo made a motion to table the report until the next meeting, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD OF APPEALS REPORT: No meeting held.

RECREATION DIRECTOR’S REPORT: Recreation is over so no report.

PARKS COMMISSIONERS’ REPORT: No report.

TOWN HISTORIAN’S REPORT: The Town Historian’s September Report was read by Town Historian Patty Friend. Next meeting is October 17^th. Supervisor DeCarlo motioned to accept the reports as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTIONED CARRIED.

FIRE COMPANY REPORTS: No report.

SENIORS REPORT: Read by Councilwoman Marien. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

Acknowledgement of the floor for Visitors, Invited Guests and Presenters:

Supervisor DeCarlo asked if Legislator Mills would like to speak. He said he is honored to be serving the Town of Brant. He brought the Yellow Dot program for everyone to put in their cars and homes. He also had brochures on the Scenic Bi-Way, Energy Bills info, Hot Spot fishing, County information and more. He talked about how our area is doing and what work is going on. He also said he is not anticipating a County tax increase. He mentioned that the sales tax revenue is very high and he would like to see the surplus used for road and bridge repairs.

PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT – 7:30 PM

102029532061878. DeCarlo motioned to open the public hearing at 7:30 pm, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

The Town Clerk Barbara Daniel read the Legal Notice which was published in the Dunkirk Observer on September 28, 2018:

TOWN OF BRANT

LEGAL NOTICE OF PUBLIC HEARING

THE TOWN OF BRANT will hold a public hearing on Tuesday, October 9, 2018 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 28, 2018

By order of the Brant Town Board

Barbara J. Daniel, Brant Town Clerk

102029532061878. DeCarlo expressed a need remodel the Senior Community Building located at the Park and spoke of the letters he received from the Seniors. It is in need of new floors, counters, ceiling improvements. Quotes were received in the amount of $116,000. The Town would match with a 25% in-kind match. He mentioned past CDBG projects. He then asked for audience suggestions. No one spoke.
102029532061878. DeCarlo motioned to close the Public Hearing at 7:36 pm, and seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo read the following resolution and Councilman Muffoletto moved its adoption:

At a regular meeting of the Brant Town Board Erie County, New York, held at the Brant Town Hall, 1272 Brant North Collins Road, New York on the 9^th day of October 2018 at 7:30 PM Eastern time, present were:

Supervisor Mark DeCarlo

Councilman Donald Clark

Councilman Michael Muffoletto

Councilwoman Donna Marien

WHEREAS, following the Public Hearing on October 9^th which was held at the Brant Town Hall for suggestions by the public for projects to be submitted for funding and in consideration thereof,

NOW, THEREFORE BE IT RESOLVED, the Brant Town Board submits the following projects to be considered for funding by Erie County Community Development Block Grant Program during the 2019-20 grant cycle:

1^ST Priority: REMODEL SENIOR COMMUNITY BUILDING WITH THE TOWN MATCHING 25% IN KIND.

2^nd Priority: RURAL TRANSIT FUNDING SUPPORT

NOW THEREFORE BE IT RESOLVED that the Brant Town Board authorizes Mark DeCarlo, Town Supervisor, to sign, submit and if

funded, execute a contract with Erie County Community Development Block Grant (ECCDBG) Program for the cited projects upon

approval of the ECCDBG.

NOW THEREFORE BE IT FURTHER RESOLVED that the Brant Town Board provides matching funds in an amount not to exceed 25% of the total project cost of $133,334 using a combination of cash and in-kind match from the Town’s CD5031 and CD1630.1 budget line items.

Councilwoman Marien seconded the motion and a roll call vote resulted as follows:

Councilman Muffoletto Voting Aye

Councilwoman Marien Voting Aye

Councilman Clark Voting Aye

Supervisor DeCarlo Voting Aye

4 AYES- 0 NAYS, RESOLUTION ADOPTED.

OLD BUSINESS

Budget Workshop: The Supervisor reminded everyone about the Budget Workshop will be held on Monday, October 15^th at 6:30pm.

Speed reduction letters to residents: The Supervisor is still receiving surveys back. Looking at reducing the speed limit on 4 roads. So far they have received 20 surveys with 9 residents being against the lowering of the speed limit and 3 have no preference. This is to aid in the safety of our residents. We will review this at the next meeting.

Street Lights: The Supervisor spoke with National Grid and asked what steps need to be taken. The Town would be required to buy out our present lighting system at an estimated cost of $13,000.00. There are grant funds available so our cost would be about $3,000.00 after the grant of $10,000. We would replace all the street lights with led lights. There are 185 lights. Since we rent the poles, upkeep of the lights would be included. Motion to move forward with the LED Grant Proposal made by Councilman Clark and seconded by Councilwoman Marien, 4 ayes, 0 nays. MOTION CARRIED

NEW BUSINESS

Update Sexual Harassment Policy: Supervisor DeCarlo explained that New York State requires a new comprehensive Sexual Harassment Policy to comply with the new regulations that were just passed by New York State. The new policy was reviewed by the town attorney. Motion to incorporate the policy to our employee handbook was made by Supervisor DeCarlo, seconded by Councilman Muffoletto, 4 ayes, 0 nays. MOTION CARRIED

Estimate for Town Hall Generator and police vehicle: Councilman Muffoletto contacted Ten Power Systems who does the large stand-by generator systems. They will meet with Allen this week to see where it will be installed and give us a turnkey price. There is a grant available. Also, for the grant, Supervisor DeCarlo said we could use this grant for whatever we want. One grant is through Assemblyman DePietro’s office and the other through Senator Jacobs Office. The other grant can be used to replace a police vehicle. Both grants would be considered shared services with Farnham. The Supervisor would like to send a letter of intent to purchase a police vehicle to the dealer. Motion to send the letter of intent to purchase a vehicle in 2019 to the dealer was made by Supervisor DeCarlo and seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

Public Hearing for Preliminary Budget: Supervisor DeCarlo made a motion to set the Public Hearing for the Preliminary Budget for November 13, 2018 at 7:30pm seconded by Councilwomen Marien. 4 ayes, 0 nays. MOTION CARRIED.

CDBG Grant: Supervisor DeCarlo said they need approval to sign on to the Rural Transit Program for the CDBG. A motion to have the Supervisor sign on to the program was made by Councilman Clark and seconded by Councilwoman Marien, 4 ayes, 0 nays. MOTION CARRIED. Paste resolution here

Pass resolution for JCAP Grant: paste resolution here Councilman Muffoletto motioned to Councilman Clark seconded the motion, 4 ayes, 0 nays. MOTION CARRIED.

TOWN BOARD REPORTS:

Councilman Muffoletto: The roof over the shed at the highway and the roof on the salt shed is almost finished.

Councilwoman Marien: No report

Councilman Clark: No report

Supervisor DeCarlo: Received report on the sales tax. The most recent transfer is 5.63% greater than the corresponding year last year. We are running at 4.82% above last year. This is year-to-date.

We received a letter from The Disabled American Veterans Chapter 203 thanking us for the generosity of the funds raised at Brantfest.

RECOGNIZED PRIVILEGE OF THE FLOOR:

Debbie Ritz commented on the Airbnb. There is a house on the lake that can occupy 10 guests. There is a minimum stay of 4 nights. She said this is a business and they charge an occupancy tax. She suggests that this comes to a head instead of letting it go on and on. The Supervisor stated that they have met with the Code Enforcement Officer and Town Attorney regarding this. Debbie said this should be considered a business and dealt with as all businesses are in this town. This means they need to apply for a special use permit. Councilman Muffoletto said that all towns will be working on 1 plan. The towns can then incorporate that decision. Councilman Clark stated that there are no regulations for rentals for the town. He says the place that is being rented should be up to code.

Penny Boismenu commented that when you rent your house overnight or for a week, you’re changing your house to a tourist home. She said that tourist homes are not permitted in the Town of Brant. The Supervisor stated that because they aren’t listed doesn’t mean that they are not allowed.

Mike Boismenu said they have been at this for over 2 years. This is a major issue that all the towns are facing. He said what if the large property that was sold behind him becomes all AirBnB? The town code is clear but not being forced. He wants a time frame when all this will happen. Councilman Muffoletto said there is no timeframe at this point. The Supervisor said they will expedite their research with Attorney Trask as soon as possible.

Debbie Ritz also commented that these rentals remain on the schedule on the website all year long.

Penny Boismenu stated that there was an incident at 34 Lotus Bay. The neighbor had to call the owner because the renters were speeding up and down the road and playing loud music. The owner came and threw them out. This is not the character of our area.

Supervisor DeCarlo then read Abstract 10:

Abstract 10 of 2018

*Prepaid and unpaid as of 10/9/18 Total Claims $­­­­­­­­42,908.80

Gen Fund Town wide Vouchers Totaling: $31,607.53

Gen Fund – Part Town Voucher Totaling: $7,713.50

Highway T.W. Vouchers Totaling: $380.79

Highway P.T. Vouchers, Totaling: $862.73

Fire Protection: Vouchers: Totaling: $0

Street Lighting: Voucher Totaling: $2,344.25

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 9/2/18 – TO 9/30/18 Totaling $46,778.23

General Part Town Payroll 9/2/18 – TO 9/30/18 Totaling: $678.60

Highway Payroll TW 9/2/18 – TO 9/30/18 Totaling: $0

Highway Payroll PT 9/2/18 – TO 9/30/18 Totaling: $6,765.78

Supervisor DeCarlo motioned to approve Abstract 10 of 2018, 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.

Next meeting will be November 13, 2018 at 7:00 PM with the Budget hearing at 7:30pm.

At 8:21 pm, Councilman Muffoletto motioned to adjourn the meeting in memory of Reva MacDowell, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk