This Regular Meeting of the Brant Town Board was held on Thursday, May 2, 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:

 

Lynda Ostrowski Deputy Town Clerk

Diane Czyz Deputy Town Clerk

Debra Ritz Resident

Brian Rott Resident

Patty Friend Town of Brant Historian

Donald Hepkins Chief of Police

Tracy Kaczmarek Supervisor Secretary

Chad Kaczmarek Town Justice

Joe DeCarlo Assessor

Ellsworth Nolan Resident

Ronald Kobel Resident

 

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

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS: None present.

MINUTE APPROVAL APRIL 4, 2019 REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes of the April 4, 2019 Regular Town Board meeting. Councilwoman Ross seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

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

 

BUDGET MODIFICATION: Supervisor DeCarlo read the following budget modification #1 of 2019:

 

SUBJECT:	Budget Modification #1 as of:			March 31, 2019
	Please make a resolution at the regular Town Board meeting on Thursday May 2nd 2019 to
	approve the following Budget Modification(s) to the 2019 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)
$ 285.00	(DR) Increase	A3021	Court Facilities (JCAP Grants)	Revenues
$ (285.00)	(CR) Increase	A1110.42	Municipal Court (Grants)	Contr Expend	$ 285.00
	Expenditure applied to Deferred Revenue from 2018 JCAP Grant received in June
$ 7,623.25	(DR) Increase	A3060	State Aid Education (Grants)	Revenues
$ (7,548.75)	(CR) Increase	A1460.11	Records Management (Grant)	Pers Serv	$ 7,548.75
$ (74.50)	(CR) Increase	A1460.41	Records Management (Grant)	Contr Expend	$ 74.50
	Expenditures applied to Deferred Revenue from 2018 NYState Education Grant received in August
$ 2,700.00	(DR) Decrease	A1990.4	Contingent Account	Contr Expend
$ (2,700.00)	(CR) Increase	A1620.4	Buildings & Grounds	Contr Expend	$ 628.70
	Projected increase for monthly mileage expenditures not provided in the 2019 Adopted Budget.
Capital Projects Fund (H)
$ 30,379.00	(DR) Increase	H5785	Installment Purchase Debt	Revenue
$ (30,379.00)	(CR) Increase	H3120.2	Police Equip - New Police Car	Equip & Cap Out	$ -
	The above budget modification is to provide for the purchase of a new police car that was not provided
	in the 2019 Adopted Budget.

 

Councilman Clark asked about the Records Management grant money being moved around in the budget modification. The Supervisor’s Secretary explained that certain items were not paid for by the current grant but had to be purchased, and money left over from a previous Court grant, unrelated to the current was used to cover the purchase of these items. Therefore, the current records management grant was not used to purchase these items and was not the money’s being moved. A transfer from the old grant (Cameras) was made so the left over funds could be used.

 

BUDGET MODIFICATION APPROVAL: Councilman Clark motioned to approve Budget modification #1 of 2019, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

TOWN CLERK/TAX COLLECTOR’S MARCH 2019 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s March 2019 Regular Financial Report and the Tax Collector’s Report as presented, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

 

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

 

CODE ENFORCEMENT OFFICER’S APRIL 2019 REPORT: Code Officer Gary Brecker presented his report. He advised the Town Board to set a public hearing for June to review and approve the eight special use permits set to expire on June 30, 2019. Councilman Clark asked if Weitsman would consider the management of the eWaste and Tire disposal. Attorney Trask stated the Board liaison or Supervisor’s Office should approach them, not the Code Officer. Councilman Muffoletto motioned to approve the report as read, seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.

 

Attorney Trask noted an inquiry made to the Code Officer for the transporting of heavy equipment over Town roads in connection with a temporary staging area on Milestrip Road set up by National Fuel Gas. Since the heavy equipment could cause road damage, he advised that a performance bond be put in place by the applicant. The bond would cover the cost of repairing any damage to Town roads. The CEO stated the applicant could take Milestrip road which is a County road. The staging area is on Milestrip rd.

 

Ellsworth Nolan stated that a trucking outfit has already hauled heavy truckloads of gravel down Hammond Road on their way to the Milestrip Road staging area. The Code Officer will get a letter out to St. George Trucking to advise them not to use Town Roads to haul heavy loads.

 

DOG CONTROL OFFICER’S MARCH AND APRIL 2019 REPORTS: Dog Control Officer Barbara Daniel presented her March and April dog control reports. Councilman Muffoletto motioned to approve the report as presented, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT APRIL 2019: The April 2019 Police Report was read by Police Chief Donald Hepkins. During May 20^th through June 3^rd there will be extra patrols to catch seatbelt violations. The chief also explained that when they have a prisoner that is awaiting arraignment, the practice is to bring in a bailiff to watch over the prisoner while in custody. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

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

 

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barbara Daniel presented her activity report for April 2019. Also, a letter was presented to the Town Board from Faith Stewart requesting free use of the two Groves for June 22, 2019 from 11 am to 3 pm for the Girl Scouts. Supervisor DeCarlo motioned to approve the Girl Scout request for the free use of the 2 groves. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo then motioned to approve the Town Clerk’s report as presented, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

Councilman Muffoletto then questioned the Highway report. He asked why 1300 miles were put on the one-ton. Wants to know where they are going. He then questioned the hours of the new Highway employee who left in his personal truck at 7 am on the Thursday proceeding Easter, and returned at 12:15 pm while remaining punched in. He requested the Supervisor’s Secretary to inquire with the employee as to his whereabouts during that time.

 

PLANNING BOARD MINUTES: The April 23^rd Minutes were read by Planning Board secretary Lynda Ostrowski.  The planning board had been requested to create a Peddler/Soliciting License application. The resulting form will be submitted to the Town Board for review. It was also noted by the Town Attorney that the Chielf of Police must also review the application. No vote will be taken on the application pending review. Also, the planning board had reviewed the draft of proposed local law #2-2019 which would amend Chapter 161 of the Code of the Town of Brant to expressly allow rental of entire residences or dwellings as a permitted use in the Town of Brant. The planning board decided that the law would have no adverse effect on the Zoning Law, Master Plan or SEQR and therefore met their approval. Supervisor DeCarlo motioned to approve the minutes as read and seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

Councilwoman Marien then asked if Angela Joy, who is no longer a Town resident, can remain on the Planning Board. The Town Attorney responded that she cannot. It was noted that she will be required to submit a resignation letter. Secretary Ostrowski then advised the Board that there will now be two open spots. Debra Ritz spoke of an interest in filling one of the positions. The two positions open include one alternate and one permanent non-alternate member. Supervisor DeCarlo stated that they will appoint two people at the next meeting. It will be decided then which position Ms. Ritz will be appointed to.

Councilwoman Ross then questioned the status of training among the Planning and Zoning Board members. She added that five members have no training at all, and that each must maintain a 4 hour training requirement per year. The Board requested a list of the members and their training status. Secretary Ostrowski explained that the training status of each member is listed on the minutes, and is up to date for their review.

ZONING BOARD OF APPEALS REPORT: No meeting held.

RECREATION DIRECTOR’S REPORT: Rec Director Vince Fininzio has provided the Board with 21 prospective hires that will require interview. Fifteen of them are returning. He will be attending the interview with Mr. Fininzio. He then noted he would like to speak about the buses later.

PARKS COMMISSIONERS’ REPORT: Councilman Muffoletto noted that the report which is lengthy will be available at the Town Clerk’s Office for review. Councilwoman Ross mentioned that Allen does a beautiful job with his report, but she would like to see him submit a summarized report to be read in the minutes and voted on.

TOWN HISTORIAN’S REPORT: Town Historian Patty Friend presented her report. She noted that the next meeting will be held on May 22^nd. It has also been suggested by the Brantfest committee that the Historical Society should host a “Business past & present” theme this year. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

FIRE COMPANY REPORTS: Councilman Clark noted that with the Town Board meeting change, there are now three devoted Brant Fire hall bingo players in the Town Hall that should be at bingo right now..

SENIORS REPORT: Secretary Ostrowski stated she was not at the Senior meeting , therefore she does not have the report yet. Supervisor DeCarlo asked when the senior picnic was. Councilwoman Ross answered the first Wednesday in August.

 

OLD BUSINESS

Reminder:

A public hearing is scheduled for June 6, 2019 at 7:30 PM regarding Proposed Local Law #2-1019 “Rental of Residence or Dwelling is Permitted Accessory Use.”

NEW BUSINESS

 

The Peddler/Solicitor Permit application has been tabled.

SET PUBLIC HEARING ON JUNE 6, 2019 AT 8:00 PM REGARDING PROPOSED LOCAL LAW #2-2019 for the annual renewal of Special Use Permits which are set to expire on June 30, 2019. Supervisor DeCarlo motioned to set the public hearing, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

APPROVAL TO PURCHASE POLICE VEHICLE AND AUTHORIZATION FOR SUPERVISOR TO SIGN CONTRACT: Supervisor DeCarlo requested the Town Board’s approval to purchase a new police vehicle (2019 Ford Police Interceptor Utility) in the amount of $30,379.00 to be financed over 4 year term at 7.50% APR. Councilman Clark made the motion, seconded by Councilman Muffoletto.

A roll call vote was taken:

Councilman Clark Voting aye

Councilman Muffoletto Voting aye

Councilwoman Marien Voting aye

Councilwoman Ross Voting aye

Supervisor DeCarlo Voting aye

      5   ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo noted that the 2 vehicles currently being used will be paid in full next year.

BOARD APPROVAL FOR VISITING TOWNS USE OF THE BRANT POOL: The Town Board has been asked to approve by a neighboring Town’s recreation program to use the Town of Brant’s pool facility for their recreation program. After discussion, the Board decided that a $3.00 fee per child would be appropriate considering the expenses required to maintain the pool. Councilwoman Marien then motioned to permit other outside recreation programs to utilize the Town’s pool at a cost of $3.00 per child, and to make the pool entry price at $3.00 for residents. Councilwoman Ross seconded the motion. A roll call vote was taken: Councilwoman Marien-aye, Councilman Ross-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Supervisor DeCarlo-aye. 5 ayes, 0 abstain. MOTION CARRIED.

The Supervisor’s office will notify the Town’s that will be using the pool for their recreation program.

AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH LAKE SHORE SCHOOL DISTRICT FOR RECREATION BUSES: Councilman Muffoletto motioned to authorize the Supervisor to sign the contract with Lake Shore Central School district to use their buses for the Town’s recreation program. Councilwoman Marien seconded the motion. A roll call vote was taken: Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilman Clark-aye, Councilwoman Ross-aye, Supervisor DeCarlo-abstain. 5 ayes, 0 nays. MOTION CARRIED.

APPROVE APPOINTMENT OF E-WASTE ATTENDANT: Supervisor DeCarlo announced that resident Frank Broughton has offered to oversee the e-Waste program on the last Saturdays of the month, to be compensated $50.00 for each occurrence. Supervisor DeCarlo motioned to approve the appointment, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

APPROVAL OF BALLPARK BY EVANS ELITE YOUTH BASEBALL: A letter of interest to use the Flossie Field was received from Darrin Dembowski who is the head coach for Evans Elite 8U travel baseball team. The Town Board approve their use provided it doesn’t interfere with the field being used by the Brant Fire Company, or other Town use of the field. The letter states, they will request its use when their field is too wet. Their letter offers help with maintenance of the field if needed. Mr. Dembowski’s letter also stated they will provide proof of insurance. Councilman Muffoletto motioned to approve their use, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

APPROVAL OF STOP DWI CONTRACT WITH ERIE COUNTY: Councilman Muffoletto motioned to approve authorizing the Town Supervisor to sign the “Stop DWI” Contract with Erie County. Councilwoman Marien seconded the motion.

5 ayes, 0 nays. 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: Noted that he has made a suggestion to the Brant Festival Committee to honor either

Chiavetta’s or Renaldo’s at this year’s Brant Festival. A meeting was suggested to allow Board members to

discuss ways to recognize local business. Supervisor Secretary reminded the Board that the tribute last year was

to local veterans.

Councilwoman Marien: No report

Councilwoman Ross: No report

Supervisor DeCarlo: No report

 

RECOGNIZED PRIVILEGE OF THE FLOOR:

 

Chief of Police Don Hepkins addressed the Board noting that he was remiss in his report to let the Board know that he attended a seminar and following it, he has taken over the Governor’s Traffic Safety Grant application and has completed the bullet proof vest partnership grant along with the Stone garden grant. He will no longer need the grant writer’s services because he now applies online.

 

Chief Hepkins also mentioned the “Train the Trainer” Workplace Harassment/Sexual Harassment seminar he and Tracy Kaczmarek attended. He advised the Town Board that every person employed (even if unpaid) by the Town must be trained of the Town could be heavily fined.

 

MEETINGS AND CORRESPONDENCE:

 

April sales tax came in 1.31% above the corresponding payment in 2018 and the YTD is up 1.95%.

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 5:

 

Abstract 5 of 2019

 

*Prepaid and unpaid as of 5/2/19 Total Claims $58,325.19

 

Gen Fund Town wide Vouchers Totaling: 42,666.85

Gen Fund – Part Town Voucher Totaling: $8,078.72

Highway T.W. Vouchers Totaling: $2,965.29

Highway P.T. Vouchers, Totaling: $2,101.08

Fire Protection: Vouchers: Totaling: $0

Street Lighting: Voucher Totaling: $2,513.25

H Capital Projects: Vouchers Totaling: $0

Lotus Bay Sewer Dist. 1: Vouchers: $0

Brant Farnham Sewer Dist 2: Vouchers Totaling: $0

Brant Water Dist 1: Voucher: Totaling $0

 

PAYROLL (2 pay periods):

 

General Town Wide Payroll 03/31/19 – TO 04/27/19 Totaling $48,123.21

General Part Town Payroll 03/31/19 – TO 04/27/19 Totaling: $698.98

Highway Payroll TW 03/31/19 – TO 04/27/19 Totaling: $0

Highway Payroll PT 03/31/19 – TO 04/27/19 Totaling: $7,522.54

 

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

 

Next meeting will be Thursday, June 6, 2019 at 7:00 PM.

At 8:07 pm, Supervisor DeCarlo motioned to enter executive session for contractual issues and no action will be taken following the session. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

At 8:37 pm, Supervisor DeCarlo motioned to close the executive session and adjourn the meeting in memory Paul Schulz, Sr. who recently passed away. 5 ayes, 0 nays. MOTION CARRIED.

 

Respectfully submitted by,

 

 

 

Barbara Daniel

Brant Town Clerk