This Regular Meeting of the Brant Town Board was held on Tuesday June 11, 2024, at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

PRESENT WERE:

Mark DeCarlo                                    Supervisor

Michael Muffoletto                        Councilman

Donna Marien                                   Councilwoman

Tish Brady                                           Councilwoman

Barbara Daniel                                   Recording Secretary

ABSENT WAS:

Linda Giancarlo                                 Councilwoman

ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:

Tracy Kaczmarek                              Supervisor’s Secretary  

Ellsworth Nolan                                Highway Superintendent

Jeneen Hill                                          Code Enforcement Officer

Kristen Podkulski                              Deputy Town Clerk

Brian Rott                                            Resident

Debra Ritz                                           Resident
Patty Friend                                        Appointed Town Historian

Lynda Ostrowski                               Resident

Joe & Jana Reynolds                       Residents

Diane Czyz                                          Planning Board member

Frank Broughton                              Zoning Board of Appeals Chairman

Thomas Bowman                             Resident

Janice Ross                                         Planning Board member

Daryl Novoa                                       Highway

James George                                   Resident

Tammy Lonkey                                 Brant Business owner

Aaron Weiner                                    C/O Weitsman of Brant

Maria Otrosinka                                Resident

Mark Slawek                                      Chief of Police

Cheryl Schultz                                    Verizon Wireless

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

APPROVE MINUTES of the May 14, 2024 MEETING: Councilman Muffoletto motioned to approve the minutes of the May 14, 2024 Regular Town Board meeting, and was seconded by Councilwoman Marien.  4 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S APRIL 2024 FINANCIAL REPORT: Councilman Muffoletto motioned to approve the Supervisor’s April Financial Report, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S APRIL 2024 FINANCIAL REPORT: Supervisor DeCarlo motioned to approve the Town Clerk’s April Financial Report, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S APRIL 2024 FINANCIAL REPORTS FOR KACZMAREK & GIER REGULAR AND BAIL ACCOUNTS: Supervisor DeCarlo motioned to approve both Bail and Regular Financial accounts for Justice Kaczmarek’s & Justice Gier for April 2024, seconded by Councilwoman Marien. 4 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT FOR MAY 2024:  The May report was presented by Chief Mark Slawek.  Supervisor DeCarlo motioned to approve the report, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S REPORTS:  Prior to the Highway Superintendent Ellsworth Nolan presenting his May Highway report, the Town Supervisor advised him of an email that was received commending the Highway Superintendent for correcting the Surfside flooding problem.  The superintendent then advised the Town Board of various pieces of Town equipment that he would like listed as surplus.  He will bring a complete list for the July 9 Town Board meeting for the Board to review and approve.  He spoke of the CHIPS work being done and the quotes he is getting.  The CHIPS work this year will be done on the roads west of Rt. 20. He expects work to begin July 8^th through the 12^th.   Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S MAY 2024 ACTIVITY REPORT TO THE BOARD: Tabled.

PLANNING BOARD REPORT: The Planning Board chairwoman Debra Ritz presented the Planning Board report for their June 4^thmeeting.  The Planning Board finalized their review of the Verizon application for Special Use Permit to erect a wireless communication monopole at 10825 Erie Road.  They preliminarily  reviewed the application for Special Use permit of 2K’s Corporation for 10962 Southwestern Blvd. A review of possible changes to the current Solar Law are also being considered by the Planning Board. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED. 

ZONING BOARD REPORT: Zoning Board chairman Frank Broughton noted that the Zoning Board did not hold a meeting in May.  However, he stated that he was present if the Board has any questions.    Supervisor DeCarlo motioned to accept the Zoning Board report into the record and was seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED. 

RECREATION DIRECTOR’S REPORT:  No report was presented but

BUILDINGS & GROUNDS REPORT: The new Grounds truck mileage on May 1 was 3,103.0.  Fuel usage report for Buildings and grounds was presented for the record as follows:

• 4/30/24                Can for pressure washer                               5 gallons
• 5/1/24                   Mower                                                                 7 gallons
• 5/2/24                   Mower                                                                 6 gallons
• 5/7/24                  Truck                                                                     28 gallons (3,412 mileage)
• 5/7/24                   Can for Pressure washer                               4.5 gallons
• 5/7/24                   Mower                                                                 8 gallons
• 5/8/24                   Mower                                                                 5 gallons
• 5/14/24                Mower                                                                 5 gallons
• 5/15/24                RTV & Mix gas can                                           2.1 gallons
• 5/15/24                Truck                                                                     18 gallons (3,620.6 mileage)
• 5/16/24                Mower & Can                                                    7 gallons
• 5/16/24                Mower                                                                 3 gallons
• 5/17/24                Mower                                                                 7.6 gallons
• 5/20/24 – 5/30/24           Mower                                                 29 gallons

TOWN HISTORIAN REPORTS: Town Historian Patty Friend presented her report for May. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

BRANT FARNHAM SENIORS:  Councilwoman Brady read the Senior’s report for June 5th.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT REPORT:  Code Enforcement Officer Jeneen Hill presented the May report.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS:

RATIFICATION OF ZONING REFERAL SENT TO ERIE COUNTY ENVIRONMENT & PLANNING:  Supervisor DeCarlo motioned to ratify the authorization to send a Zoning Referral to Erie County Dept of Environment & Planning regarding proposed Local Law #2-2024.  Councilwoman Brady seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

SET PUBLIC HEARING FOR PROPOSED LOCAL LAW #2-2024:  Supervisor DeCarlo motioned to set a Public Hearing for Proposed Local Law #2-2024 for Tuesday July 9^th, 2024 at 7:30 PM.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING (Renewal of Special Use Permits 7:30 PM):

At 7:30 PM, The Town Clerk read the Legal Notice:

LEGAL NOTICE

TOWN OF BRANT, NEW YORK

NOTICE OF PUBLIC HEARINGS

The Town of Brant Town Board will conduct a Public Hearing on Tuesday June 11, 2024 at the Brant Town Hall, 1272 Brant North Collins Road, Brant, New York. 

The Public Hearing will be held at 7:30 PM local time pursuant to resolution of the Town Board and pursuant to Local Law No. 1-2016 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.  Michael & Barbara Daniel

     10575 So. Western Blvd.

     Irving, NY 14081

     Used car sales, auto detailing and windshield repair

4.  Joseph Reynolds

     10564 So. Western Blvd

     Irving, NY 14081

     Used car sales

5.  John D. Snyder

     1506 Burns Rd.

     Angola, NY 14006

     Unrestricted used car sales at

     10623 So. Western Blvd

     Brant, NY 14027

6.  Ben Weitsman of Brant LLC

     P.O. Box 420

     Owego, NY 13827

     Junk yard at

     1132 Brant Farnham Rd

     Brant, NY 14027 

7. Andrew Lonkey

    10936 Southwestern Blvd

    Irving, NY 14081

    Automotive Repair Shop

All interested parties will be given an opportunity to be heard during each Public Hearing.

Dated:  June 1, 2024                                                                                       

Barbara Daniel / Brant Town Clerk

Supervisor DeCarlo then motioned to open the Public Hearing, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

At this time, Supervisor DeCarlo addressed the Audience regarding each application listed below.  He requested any public comment, questions or concerns on each application as they are presented:

1. Stefan Artymowycz                                    No public Comment was presented

    10216 So. Western Blvd.

    Angola, NY 14006

    Junk yard

2.  Thomas C. Bowman Jr.                             No public comment was presented

     10623 So. Western Blvd.

     Irving, NY 14081

     Junk yard

3.  Michael & Barbara Daniel                       No public comment was presented

     10575 So. Western Blvd.

     Irving, NY 14081

     Used car sales, auto detailing and windshield repair

4.  Joseph Reynolds                                        No public comment was presented

     10564 So. Western Blvd

     Irving, NY 14081

     Used car sales

5.  John D. Snyder                                            No public comment was presented

     1506 Burns Rd.

     Angola, NY 14006

     Unrestricted used car sales at

     10623 So. Western Blvd

     Brant, NY 14027

6.  Ben Weitsman of Brant LLC                    No public comment was presented

     P.O. Box 420

     Owego, NY 13827

     Junk yard at

     1132 Brant Farnham Rd

     Brant, NY 14027 

7. Andrew Lonkey                                           No public comment was presented

    10936 Southwestern Blvd

    Irving, NY 14081

    Automotive Repair Shop

Supervisor DeCarlo then asked the Code Enforcement Officer to confirm that all 7 Special Use Permit renewal applicants are following the conditions of their permit and all applicable laws.  Jeneen Hill confirmed the permits were in compliance with conditions and applicable laws.

At this time Supervisor DeCarlo motioned to close the public hearing, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo then motioned to approve the above-named Special Use Permit renewals based on their being in compliance with the conditions of their permit and all applicable laws.  Councilwoman Brady seconded the motion.  A roll call vote was taken:  Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  4 ayes, 0 nays. MOTION CARRIED. 

NEXT PUBLIC HEARING AT 8:00 PM.  RETURN TO NEW BUSINESS AT 7:38 PM:

Supervisor DeCarlo motioned to approve the hiring of the following Lifeguards, pending background checks according to Erie County procedures.  Rate of pay based on position:

New Hire Lifeguards $15.70/hr:

Ella Podkulski

Amelia Smaldino

Madison Kwilos

Return Lifeguards $16.70/hr:

Brianna Browning

Quinn Maybee

Josh Merritt

Ilyssa Gengler

Claire Smaldino

Eliese Maybee

Madelyn Maybee

Recreation Lifeguard $19.70/hr:

Abbey Rocque

Councilwoman Brady seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo mentioned that Recreation begins Monday July 1^st.  Registration is still available.

AED PURCHASES FOR SENIOR BUILDING AND TOWN HALL:  Supervisor DeCarlo obtained quotes for the AED units for the Senior building, Town Hall and one for the police vehicle.  The quoted price was $1,175.00 per unit.  After discussion, the Town Board decided on three units.  Training will be necessary and will be discussed later.  Supervisor DeCarlo motioned to approve the purchase of three units at $1,175 each.  Councilman Muffoletto seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilwoman Brady-aye.  4 ayes, 0 nays. MOTION CARRIED.

BRANT SUMMER FESTIVAL DATES:  Supervisor DeCarlo announced the Brant Summer Festival dates as Friday June 21 & 22.  Councilwoman Brady commended the hard work and good job being done by the Chairman of the Brant Summer Festival Committee Kristen Podkulski. 

Ewaste:  The next eWaste event will be held on Saturday June 29 from 9 am to noon. 

OLD BUSINESS:  No old business

Town Board Reports:  No reports presented

RECOGNIZED PRIVILEGE OF THE FLOOR:  Supervisor DeCarlo asked if anyone had comments or concerns they would like to air.  No one spoke.

EMAIL SYSTEM BACKUP QUOTE AND DISCUSSION:  Supervisor DeCarlo explained that the Town’s current email system is outdated and must be replaced.  Synchronet explained the process of pulling all emails from their current location, backing them up to another location.  New email addresses would then be created for each account after the old accounts are migrated, but the email addresses will not change.  The project will also transfer the new Town email system into a Cloud based system.  The quoted cost to perform the project is $5,000.00.  There will be other future costs of approximately $11 per email account, per month payable to Microsoft.  The program is Microsoft 365.  It will also give us access to WORD, EXCEL, etc.  There are 23 email accounts.

Meetings & Correspondence: 

• The first June sales tax remittance is in. The current transfer rate is 5.68% greater than the corresponding 2023 amount. Year-to-date transfers are running 2.93% below year at this time.

Supervisor DeCarlo read the Abstract (6 of 2024):

ABSTRACT 6 of 2024

*Prepaid and unpaid as of 6/11/24 Total Claims $ 62,221.46

Gen Fund Town wide Vouchers Totaling: $ 39,073.95

Gen Fund – Part Town Voucher Totaling: $ 109.87

Highway T.W. Vouchers Totaling: $ 1,656.40

Highway P.T. Vouchers, Totaling:  $ 4,289.48

Street Lighting:  Voucher Totaling:  $ 2,423.17

Brant Water Dist 1 (SS2&SW):  – Totaling $ 14,668.59

PAYROLL (3 pay periods):

General Town Wide Payroll 4/21/24-6/1/24 – Totaling $ 82,193.37

General Part Town Payroll   4/21/24-6/1/24 Totaling:  $ 1,863.15

Highway Payroll TW 4/21/24-6/1/24 Totaling:  $ 0.00

Highway Payroll PT 4/21/24-6/1/24 Totaling:  $ 12,744.42

Supervisor DeCarlo motioned to approve Abstract 6 of 2024, seconded by Councilwoman Brady.  A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilman Muffoletto, Councilwoman Marien-aye.  4 ayes, 0 nays.  MOTION CARRIED.

Supervisor DeCarlo announced the next regular Town Board meeting to be held July 9, 2024 at 7:00 PM.

The time was now 7:56 PM.  While awaiting the 8:00 PM Public Hearing for the Verizon Special Use Permit application, the Town Attorney noted that the Town Board will not be acting on the Special Use Permit until their July meeting.  Other discussion regarding the new upcoming refuse bins to be distributed to residents.

At 8:00 pm, the Supervisor instructed the Town Clerk to read the legal notice for the 8:00 pm Public Hearing:

The clerk read the notice:

LEGAL NOTICE

TOWN OF BRANT

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the Town Board of the Town of Brant will conduct a public hearing on June 11, 2024 at 8:00 p.m., at the Brant Town Hall, Brant-North Collins Road, Brant, New York, to hear all persons in support of, or objections to the following matter:

The application of Bell Atlantic Mobile Systems, LLC dba Verizon Wireless, for a tower special use permit and site plan approval under Local Law #1-2011 and applicable articles of the Zoning Ordinance of the Town of Brant to erect a new 129-foot wireless communications monopole on lands of James Vaillancourt, 10825 Erie Rd., Brant, New York (SBL: 265.00-2-22.1).

The application for said tower special use permit is available for inspection at the Brant Town Hall during normal business hours.

DATED:  May 14, 2024

BY ORDER OF BRANT TOWN BOARD

BARBARA DANIEL

BRANT TOWN CLERK

The Supervisor motioned to open the public hearing, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

The Supervisor the Town Board and those present if they had any questions or concerns.  Attorney Trask explained the reason for not approving the application tonight.  He stated that the Town Board must take any comments or concerns that come during the hearing available to share with the Board and with the consultant to draft an appropriate SEQRA Determination resolution as well as the resolution to address the Special Use Permit and site plan which will be on the July 9^th Town Board agenda.

Questions of where the pole will be erected were addressed.  The property is near Maiden Lane on Route 5.  Attorney Trask stated that Guide wires are not necessary because the entire Tower will be enclosed.  He commended the Code Officer for handling the application in light of the updated laws regarding Communication Towers.

At 8:13 PM, Supervisor DeCarlo motioned to close the public hearing, seconded by Councilwoman Marien. 

4 ayes, 0 nays. MOTION CARRIED.

At 8:14 pm, Supervisor DeCarlo motioned to adjourn the meeting in memory of Donald Dombrowski and Jackie Trippe, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara J Daniel

Brant Town Clerk