This Regular Meeting of the Brant Town Board was held on Thursday, April 4, 2019 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

Mike Muffoletto Councilman

Janice Ross Councilwoman

William Trask, Sr. Town Attorney

Barbara J. Daniel Recording Secretary

 

ALSO PRESENT / SIGNED IN WERE:

 

Joe Ostrowski Planning Board Chair

Debra Ritz Resident

Brian Rott Resident

Tracy Kaczmarek Supervisor Secretary

Joe DeCarlo Assessor

Janet Bowman Assessor Secretary

Linda Giancarlo Resident

Joe Giancarlo Resident

Neil Ross Resident

Maxx Murray

 

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

 

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS: None were present.

MINUTE APPROVAL MARCH 12, 2019 REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes of the March 12, 2019 Regular Town Board meeting. Councilwoman Ross seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S FEBRUARY 2019 FINANCIAL REPORT and CORRECTED JANUARY 2019 REPORT: Councilman Clark moved and was seconded by Councilman Muffoletto to accept the Supervisor’s Corrected January 2019 Financial Report and the February 2019 Financial Report as presented. 5 ayes, 0 nays. MOTION CARRIED.

BUDGET MODIFICATION: No Budget Modifications.

TOWN CLERK/TAX COLLECTOR’S MARCH 2019 FINANCIAL REPORT: Town Clerk asked for the Supervisor to submit a letter to the County so she can continue to collect the taxes. Supervisor DeCarlo motioned to accept the Town Clerk’s March 2019 Regular Financial Report and the Tax Collector’s Report, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S MARCH 2019 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Supervisor DeCarlo motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for March 2019, and was seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S MARCH 2019 REPORT: Code Enforcement Officer Brecker read the March report. He also stated that a copy of the Peddlers and Solicitors Law was given to the Planning Board for review and creation for an application of permit which will be probably be submitted to the Town Board next month. He said that Mr. Tim O’Neil, from National Fuel came to his office for a conference regarding the Special Use Permit. They have a staging site at Hammond and Milestrip. The permit is for 6 months. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S MARCH 2019 REPORT: Tabled until May Meeting.

POLICE REPORT MARCH 2019: The March 2019 Police Report was read by Police Chief Hepkins. Life Saver Patrol will help make the streets safer. There will be a refund of some of the expenses. The plate reader is working very well. To move the plate reader to a new car would cost about $900.00. They want to get rid of the ’09 Impala which is not equipped with the police equipment. Councilman Muffoletto motioned to approve the report as read, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S MARCH REPORT: The Highway Report for March 2019 was presented by Councilman Clark. Supervisor DeCarlo motioned to approve the report as read, and seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barbara Daniel presented her activity report for March 2019. Her report stated that the records management grant has been turned over to the court judges at their urging. They will now be project directors for the grant. Councilman Clark asked Barb why she relinquished her responsibilities with the grant. She stated that it wasn’t her choice. Don requested an explanation, adding that she is the Records Management Officer and is paid to direct the project. Attorney Trask interjected that there was a meeting between the judges, Town Clerk, and Supervisor DeCarlo and it was agreed that the hiring of clerks would be a joint decision between the Town Clerk and the Town Justices. He added that the Town Clerk had not conferred with the Justices prior to hiring the clerk she chose. The Town Clerk responded that she was told at the meeting that Scan Clerk choice would be solely hers.

The Town Clerk’s report also noted that Erie County Clerk Michael Kerns will be hosting a “Clerk on the Go” at the Town Hall on Monday, May 20^th from 10am to 2pm. Supervisor DeCarlo motioned to approve the report as read and seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

 

PLANNING BOARD MINUTES: The April Minutes were read by Councilwoman Ross. Supervisor DeCarlo motioned to approve the minutes as read and seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

ZONING BOARD OF APPEALS REPORT: No meeting held.

 

RECREATION DIRECTOR’S REPORT: No report.

PARKS COMMISSIONERS’ REPORT: Report is available at the Town Clerk’s Office.

TOWN HISTORIAN’S REPORT: The report is tabled until next month.

FIRE COMPANY REPORTS: No reports were received.

SENIORS REPORT: Councilwoman Ross read the Seniors April Report. Supervisor DeCarlo motioned to approve the minutes as read and seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

 

PUBLIC HEARING PROPOSED LOCAL LAW NO. 2-2019 FLOOD DAMAGE PREVENTION – 7:30 PM

 

Supervisor DeCarlo motioned to open the public hearing for the proposed Local Law No. 2-2019 at 7:30 pm, and was seconded by Councilman Muffoletto. Correction to the the number changed from proposed local law #2-2019 to proposed local law #3-2019 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:

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 4^th day of April, 2019 at 7:30 P.M. Local Time, for the purpose of considering Proposed Local Law No. 2-2019 which, if approved, would replace current Article II of Chapter 87 the Town of Brant Code entitled “Flood Hazard Areas” to comply with new requirements established by the Federal Emergency Management Administration (FEMA).

Copies of the proposed local law are available for review in the office of the Town Clerk. All interested parties will be given an opportunity to be heard.

Dated: March 25, 2019

By order of the Brant Town Board

Barbara J. Daniel
Brant Town Clerk

The Supervisor asked if anyone had any questions or concerns regarding this Local Law. No one spoke.

Supervisor DeCarlo motioned to close the Public Hearing at 7:36 pm, and seconded by Councilwoman Marien.

Before the motion was carried the Town Attorney stated that the town was notified because FEMA had updated it’s regulations on flood management, the state DEC is the state aide responsible for administering flood management across the state, DEC said if you have a flood management law in your books, you will have to update it to be in compliance with state law. This must be completed by May 8^th. The DEC did provide a sample law which is primarily being adopted here. He noted the new Flood Pain maps would be on file in the Code Enforcement Officer’s office.

Supervisoer DeCarlo mentioned that he made the motioned to close the Public Hearing and seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo read the following negative declaration:

TOWN BOARD OF THE TOWN OF BRANT

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)

Negative Declaration (April 4, 2019)

 

WHEREAS, the Brant Town Board is condisering action relative to the adoption of Proposed Local Law No. 3-2019, which would repeal and replace existing Article II of Chapter 87 of the Town of Brant Code with a New Article II of Chapter 87 entitled “Flood Damage Prevention” to comply with current federal and state requirements for floodplain management (hereinafter “Project” or “Action”); and

WHEREAS, the Brant Town Board previously determined that the proposed Action declared itself Lead Agency by resolution dated March 12, 2019 and a public hearing thereon was held on April 4, 2019; and

 

WHEREAS, the Board has taken a “hard look” at all potentially adverse environmental impacts pursuant to SEQRA.

 

NOW, THEREFORE, be it resolved by the Board that:

Based upon the Board’s thorough and careful review of the Action, including the Environmental Assessment Form and all other materials submitted in connection therewith, the Board hereby determines that the Action will not result in any significant environmental impacts and hereby issues a negative declaration for the Action pursuant to SEQRA.

A motion was made by Councilman Clark to accept the Negative Declaration, and seconded by Supervisor DeCarlo. 5 AYES- 0 NAYS, NEGATIVE DECLARATION ADOPTED.

Enactment of Local Law No. 1-2019, “Flood Damage Prevention”: Supervisor DeCarlo made a motion to enact Local Law No. 1-2019, Flood Damage Prevention, seconded by Councilman Muffoletto. 5 AYES- 0 NAYS. ADOPTED.

 

Acknowledgement of the floor for Visitors, Invited Guests and Presenters: None present

 

OLD BUSINESS

 

Approval of 2019 Recreation Fees: The rates will be increased 10% per child for Residents and 20% for non-residents. Councilwoman Ross suggested no increase for Residents or the minimal amount. Councilman Muffoletto responded that the cost to taxpayers keeps rising and the price has to increase to keep up with it. Supervisor DeCarlo, made the motion to accept the new rates and seconded by Councilwoman Marien, 5 ayes, 0 nays. MOTION CARRIED

 

Therefore the new recreation fees will be as follows:

 

NO BUS	RESIDENT	NON-RESIDENT
1 CHILD	$95.00	$170.00
2 CHILDREN	$160.00	$320.00
3 CHILDREN	$215.00	$460.00
4 OR MORE CHILDREN	$225.00	$500.00

 

 

WITH BUS	RESIDENT	NON-RESIDENT
1 CHILD	$155.00	$255.00
2 CHILDREN	$280.00	$490.00
3 CHILDREN	$395.00	$715.00
4 OR MORE CHILDREN	$450.00	$840.00

 

 

Property tax exemption for veterans: Supervisor DeCarlo said he is still working on this and will have a full report for next month.

NEW BUSINESS

 

Supervisor DeCarlo read the following Resolution:

 

RESOLUTION OF THE BRANT TOWN BOARD

DECLARING LEAD AGENCY STATUS UNDER SEQR, AND

MAKING REFERRALS AND SETTING PUBLIC HEARING

(Proposed Local Law No. 2-2019);

Rental of Residence or Dwelling is Permitted Accessory Use)

 

WHEREAS, the Town Board of the Town of Brant, Erie County, New York is considering amending the Brant Zoning Law to clarify that rental of entire residences or dwellings is a permitted accessory use in all zoning districts, 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 purposes of compliance with SEQRA, 6 NYCRR Part 617 in connection with this 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, pursuant to Section 161-72 of the Brant Zoning Law, this proposed local law is hereby referred to the Brant Planning Board for report, and it is further

 

RESOLVED, that the zoning referral is hereby made to the Erie County Department of Environment and Planning pursuant to General municipal Law Section 239-m, and it is further

 

RESOLVED, that a public hearing on such local law will be held on Thursday, June 6, 2019 at 7:30 p.m. at the regular meeting of the Brant Town Board, and also let it be

 

RESOLVED, if necessary a referral will go to the New York State Agriculture & Market.

 

April 4, 2019

 

Supervisor made the motion to accept the Resolution, seconded by Councilwoman Marien, 5 ayes, 0 nays. MOTION CARRIED.

 

A motion was made by Councilman Muffoletto to authorize the Supervisor to sign part one of the Full Environmental Assessment Form, seconded by Councilwoman Ross, 5 ayes, 0 nays. MOTION CARRIED.

 

The Supervisor mentioned that there has become an issue with licensing music in the town. The town was contacted by SESAC regarding such license. If we don’t get a license we could be sued. It will cost the town $438.00 annually. This license will cover the music at Brantfest and the Monday Night Concert Series.

A motion to authorize the Supervisor to sign the music license was made by Councilman Clark, seconded by Councilwoman Marien 4 ayes, 1 nay by Councilman Muffoletto. MOTION CARRIED.

TOWN BOARD REPORTS:

Councilman Muffoletto: Went with Allen through the park and noted that the lawn mower is getting aged. We need to get a quote to get a new one. Attorney Trask said to check the procurement policy first.

Councilman Clark: No Report

Councilwoman Marien: No report

Councilwoman Ross: No report

Supervisor DeCarlo: No report

RECOGNIZED PRIVILEGE OF THE FLOOR:

Councilman Clark asked Mr. Mike Graci for recommendations for the Veteran’s exemption. He said go for the highest limit and don’t do it again. Just do it 1 time.

 

Debbie Ritz asked what happened to the Park bid for Parks. Attorney Trask will give Councilman Muffoletto specs that he has. They will need to be updated.

 

Question was raised about the construction on the Senior Building and when it will begin. It was decided to postpone work until after rental season is over. They are looking to start in September. Regulations of the grant state that you need at least 3 bids and one needs to be from a minority group.

 

MEETINGS AND CORRESPONDENCE:

The Supervisor stated that North Collins is having an “Active Shooter” class on April 29^th from 6:30-7:45.

March sales tax came in and they are below 4.45% the 2018 transfers but we are still up 2.16% year to date from current.

LED Conversion lighting. It was going to cost between $3000 & $4000 but now will cost around $790 for all the lights in the town and village. It will save a lot of money. The estimate is about $10,000 per year.

 

Supervisor DeCarlo read Abstract 4:

 

Abstract 4 of 2019

*Prepaid and unpaid as of 4/4/19 Total Claims $43,619.85

 

Gen Fund Town wide Vouchers Totaling: $29,909.14

Gen Fund – Part Town Voucher Totaling: $571.89

Highway T.W. Vouchers Totaling: $8,937.75

Highway P.T. Vouchers, Totaling: $1,669.02

Fire Protection: Vouchers: Totaling: $0

Street Lighting: Voucher Totaling: $2,532.05

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 03/3/19 – TO 03/30/19 Totaling $49,914.67

General Part Town Payroll 03/3/19 – TO 03/30/19 Totaling: $698.98

Highway Payroll TW 03/3/19 – TO 03/30/19 Totaling: $5,497.69

Highway Payroll PT 03/3/19 – TO 03/30/19 Totaling: $3,658.38

 

Supervisor DeCarlo motioned to approve Abstract 4 of 2019, seconded by Councilwoman Ross. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Ross-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye. 5 ayes, 0 nays. MOTION CARRIED.

Next meeting will be Thursday, May 2, 2019 at 7:00 PM.

At 8:08 pm, Supervisor DeCarlo motioned to adjourn the meeting in memory of Marie Scalise, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk