This Regular Meeting of the Brant Town Board was held on Tuesday July 9, 2024, at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

PRESENT WERE:

Michael Muffoletto                        Councilman/Acting Supervisor

Donna Marien                                   Councilwoman

Tish Brady                                           Councilwoman

Linda Giancarlo                                 Councilwoman

Kristen Podkulski                              Recording Secretary

William Trask, Sr.                              Town Attorney

ABSENT WAS:

Mark DeCarlo                                    Supervisor

ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:

John Mills                                            E.C. Legislator #11

Brian Rott                                            Resident

Debra Ritz                                           Resident
Patty Friend                                        Appointed Town Historian

James George                                   Resident

Maria Otrosinka                                Resident

Chad Kaczmarek                               Town Justice

Dolly Huffnagle                                 Brant Farnham Seniors/Concerts, etc

The meeting opened at 7:00 PM with the Pledge of Allegiance to the flag.  Councilman Muffoletto acknowledged the absence of Supervisor DeCarlo and noted that he will be acting as supervisor at this meeting.

APPROVE MINUTES of the June 11, 2024 MEETING: Councilwoman Brady motioned to approve the minutes of the June 11, 2024 Regular Town Board meeting, and was seconded by Councilwoman Marien.  4 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S MAY 2024 FINANCIAL REPORT: Councilwoman Giancarlo motioned to approve the Supervisor’s May Financial Report, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

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

POLICE REPORT FOR JUNE 2024:  TABLED

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

HIGHWAY SUPERINTENDENT’S REPORTS:  TABLED

TOWN CLERK’S MAY AND JUNE 2024 ACTIVITY REPORT TO THE BOARD: The Town Clerk’s activity report for May and June were read by Deputy Clerk Kristen Podkulski.  Councilwoman Brady motioned to approve the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: The Planning Board chairwoman Debra Ritz presented the Planning Board report for their July 2^nd meeting.  She advised of the 2 Special Use permits for a property located at 10962 Southwestern Blvd.  She explained that no action can be taken until further clarification can be obtained for one of the applicant’s attorney.  The Planning Board is also reviewing the current solar law to consider amendments.   Councilwoman Giancarlo motioned to approve the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED. 

ZONING BOARD REPORT: No report presented

RECREATION DIRECTOR’S REPORT:  No report presented

BUILDINGS & GROUNDS REPORT: No report presented

TOWN HISTORIAN REPORTS: Town Historian Patty Friend presented her report for June. She spoke of several donations, one of which included a scrap book from 3 sisters.  The scrap book contained items collected from 1937 to 1940.  She reminded those present that Brant and Evans will have a joint display at the Erie County Fair.  The next meeting will be held on July 20^th.  Councilman Muffoletto motioned to approve the report as read, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORT: No report presented. 

BRANT FARNHAM SENIORS:  Dolly Huffnagle thanked Legislator Mills who was present at the meeting.  She thanked him for funding the Town for the new AED (Deliberators) and for the gas grill for the seniors.  She asked if the gas grill installation can be completed by the first week of August.   Councilman Muffoletto motioned to approve the report as read, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT REPORT:  The June Code Enforcement Officer’s report was presented by Acting Supervisor Muffoletto.   Councilwoman Brady motioned to accept the report as read, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

At 7:15 pm Attorney Trask advised the Board to move on to acknowledgement of visitors until 7:30 when the Public Hearing for Local Law 2-2024.

ACKNOWLEDEMENT OF VISITORS:

Acting Supervisor Muffoletto acknowledged Legislator John Mills, and asked if he would like to address those present. 

Legislator Mills spoke on behalf of the 15 Towns and Villages he represents.  He explained that he was planning to visit the July Town of Brant Board meeting, and over the weekend, he was watching American Pickers and there was an area of the show where they zoomed in on back of the gentleman’s pole barn.  He noticed a large sign that said “Town of Brant Assessor”.  He said he almost fell off his chair because he was planning on attending Brant’s meeting the following Tuesday. 

He then explained the multiple grant funding he has secured for the Town.  He announced that Lotus Point Road from Old Lake Shore to Route 5 is scheduled for paving this year.  He spoke of the grill and AED’s for the Seniors.    He then commended Patty Friend for all she does for Brant and Farnham Historical Society, and stated he knew she would put $5,000 in funding to good use.  He also secured a $3,000 grant for the dredging of the Town’s retention pond.  He also noted that he secured a $10,000 grant for Operation Good Neighbor who services this area for people in need of help with food.  He added that he managed a $5,000 grant for the Village of Farnham Fire Department. 

Legislator Mills then noted that the districts he serves are self-sustaining.  They do not ask for much and for that reason, he feels that some of that money should come back to the Towns.  He acknowledged the upcoming 70^th Anniversary of Chiavetta Catering. 

Legislator Mills then spoke about the Stadium project.  He noted that the project totaled $1.7 million dollars.  He described the enormity of the structure.  The turf will be natural grass.  He explained how the height restrictions in the zoning laws of Orchard Park will make it difficult to permit hotels to be put in. 

Councilwoman Giancarlo thanked Legislator Mills for all that he does for his district.  The audience applauded.

At 7:25 the Acting Supervisor acknowledged no old business.    With 5 minutes remaining before the Public Hearing, he addressed the first item of New Business. 

NEW BUSINESS

RATIFY AUTHORIZATION TO CODE ENFORCEMENT OFFICER REGARDING 957 BRANT FARNHAM RD:

Attorney Trask explained the motion.  He stated “The Town Board gave authorization, which is required by our local code to our Code Enforcement Officer who issues and served the Order to Abate, Repair, Demolish or remove the structure at 957 Brant Farnham Rd.  In this public meeting, the Board is ratifying the authorization previously given.”  After the explanation, the Acting Supervisor motioned to ratify this authorization to the Code Enforcement Officer and was seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

GARBAGE TOTE DELIVERIES HAVE BEGUN:  The new garbage totes are now being delivered to residents.  The delivery starts on the Brant side of Route 20.  A card will be attached to the tote explaining.  Each unit will get one garbage tote and one recycle tote.  Once delivered, only trash and recyclables inside the totes will be taken.  Large item disposal will continue.  A tote holds 5 garbage bags. 

EWASTE: This month, eWaste will be Saturday July 27 from 9 am to noon.

Acting Supervisor Muffoletto motioned to adopt the following Resolution:

SMART GROWTH RESOLUTION:

Resolution for Smart Growth Program Comprehensive Planning & Zoning Update Grant Program

Whereas, a comprehensive plan articulates the community vision and goals for land use and economic development; and,

Whereas, New York State law requires zoning regulations to be adopted in accordance with a comprehensive plan; and,

Whereas, a comprehensive plan should form the legal justification for zoning regulations and other land use regulations adopted by a municipality; and,

Whereas, those regulations should be designed to implement the goals and policies set forth in the comprehensive plan; and,

Whereas, the Town of Brant Comprehensive Plan was last updated in 2003; and,

Whereas, the New York State Department of State has issued a Request for Applications for the Environmental Protection Fund Smart Growth Comprehensive Planning Grant Program, whereby grant funds will pay up to 90% of eligible costs for a comprehensive plan;

NOW THEREFORE BE IT RESOLVED, that the Brant Town Board authorizes the Town Supervisor to sign, and if funded execute a contract with the New York State Department of State for such funding in an amount not to exceed $100,000 and, upon approval of the grant, to enter into and execute a project agreement with the State for such financial assistance for the Town of Brant Smart Growth Comprehensive Plan;

AND BE IT FURTHER RESOLVED, that the Brant Town Board commits to provide a 10% cash match to insure the timely implementation of the proposed project in accordance with grant guidelines;

AND BE IT FURTHER RESOLVED, that the Town’s Grants Consultant, Connie D. Miner, be authorized and directed to complete the necessary application, forms, etc. to be submitted to the New York State Department of State for the purpose of securing these funds.

Councilwoman Donna Giancarlo seconded the motion.  A roll call vote was taken and resulted as follows:

AYES:                                                                                      NOES:    

Acting Supervisor Muffoletto            aye                          None

Councilwoman Giancarlo                   aye

Councilwoman Marien                       aye

Councilwoman Brady                      aye                                         RESOLUTION ADOPTED

PUBLIC HEARING 7:30 PM

At 7:30 PM, the Public Hearing on Proposed Local Law #2-2024 (Extension of Temporary Moratorium on Solar Energy Systems) was addressed:

Councilwoman Giancarlo motioned to open the public hearing, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

Deputy Clerk Kristen Podkulski read the legal notice:

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 Tuesday, the 9^th day of July, 2024 at 7:30 P.M. Local Time, for the purpose of considering Proposed Local Law No. 2-2024 which, if approved, would “impose a temporary moratorium on the issuance of applications and the granting of permits, licenses or approvals for the Siting of Solar Energy Systems in the Town of Brant in order to allow for the adoption of appropriate regulations pertaining to such land uses”

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:  June 25, 2024

By order of the Brant Town Board

Barbara Daniel

Brant Town Clerk

Attorney Trask then spoke to explain the proposed local law.  He noted that the current six-month moratorium [clerks note: current law is 1-2024] is due to expire soon, work is still being done by the Planning Board.  He added the Town Board still has its work to be done based on the recommendation of the Planning Board to update the Solar Facilities law.   The Town Board will then hold a public hearing to enact the proposed new legislation. 

Acting Supervisor Muffoletto then asked for public comments or concerns.  No one spoke.

A motion was made by Acting Supervisor Muffoletto to close the public hearing, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

Acting Supervisor Muffoletto then motioned to enact Local Law #2-2024, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS (Cont’d)

Councilwoman Giancarlo then presented the following resolution:

RESOLUTION 070924-1

SEQRA NOTICE LEAD AGENCY DESIGNATION AND

DETERMINATION OF SIGNIFICANCE FOR

Verizon Wireless Seneca Gaming and Entertainment Cell Tower

            Whereas, Verizon Wireless (Bell Atlantic Mobile Systems, LLC) is proposed the construction of a 125’ cell tower on leased lands at/near 10825 Erie Road, including an access road and secured fenced-in area for all equipment; and

Whereas, in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), the project is determined to be an Unlisted Action which will not be subject to a coordinated review.

Now Therefore Be It Resolved that the Town Board has previously designated itself as Lead Agency for the proposed action pursuant to 6 NYCRR Part 617.

Be It Further Resolved that based upon examination of the Environmental Assessment Form (EAF), its own independent analysis of the Proposed Action, and comparison with the criteria for determining significance under 6 NYCRR 617.7, the Town Board finds that the Proposed Action will not have a significant environmental impact and hereby issues a Negative Declaration; and

Be it Further Resolved that this determination is based on the facts and conclusions as noted in the attached EAF.

Acting Supervisor Muffoletto motioned to adopt the resolution, seconded by Councilwoman Brady.

A roll call vote was taken and resulted as follows:

                                AYES:                                                                                    NOES: None      

Acting Supervisor Muffoletto     aye                                                        

Councilwoman Brady                      aye                                                         ABSENT: Supervisor DeCarlo

Councilwoman Giancarlo                   aye

Councilwoman Marien                   aye                                                         RESOLUTION ADOPTED 7/9/24

Acting Supervisor Muffoletto then presented the following resolution:

RESOLUTION #070924-2

SITE PLAN REVIEW AND SPECIAL USE PERMIT FOR

Verizon Wireless Seneca Gaming and Entertainment Cell Tower

            Whereas, Verizon Wireless (Bell Atlantic Mobile Systems, LLC) is proposed the construction of a 125’ cell tower on leased lands at/near 10825 Erie Road (Tax map number 256.00-2-22.1), including an access road and secured fenced-in area for all equipment; and

Whereas, a 30’ wide access easement and 100’ by 100’ area for the driveway and tower is being leased to Verizon Wireless from the current property owner, James Vallencourt, subject to a lease agreement between both parties; and

Whereas, the tower is a specially permitted use in the Industrial Zoning District of the Town, subject to site plan review and a special use permit; and

Whereas, the project was coordinated with various entities and agencies, including the Seneca Nation of Indians, Erie County, and local emergency responders with no significant comments received; and

Whereas, the Town consulted with CPL Engineering, Architecture, and Planning to provide a technical review of the project upon which comments were provided on May 6, 2024 for review and consideration; and

Whereas, the Brant Planning Board has reviewed the project at their regular meetings on April 3, 2024 and May 7, 2024 and provided their recommendations to the Town Board for their consideration on May 14, 2024; and

Whereas, a public hearing was held on June 11, 2024 at 8:00 pm for the site plan application and Special Use Permit application, heard all person interested in the subject thereof who attended the meeting; and

Whereas, the Town Board has thoroughly reviewed and considered all of the information submitted in connection with the application as well as the criteria set forth for issuing site plan and Special Use Permit approval set forth under Town Code.

Now Therefore Be It Resolved that the Brant Town Board, following review of the complete record and upon due deliberation, approves of the site plan as provided by the applicant dated January 18, 2024.

Be It Further Resolved that the Brant Town Board hereby approves of the special use permit for the application, in accordance with the regulations set forth in Chapter 161 of the Town Code, with the following conditions attached to it:

• The special use permit will be subject to annual renewal
• RFE re-certification will be required to show compliance with FCC emissions every 5 (five) years at time of renewal
• Structural engineer certification of structural integrity every 5 (five) years at time of renewal
• No-cost co-location for local (county or town) emergency services antenna
• Maintenance of satisfactory demolition and removal bond/financial security with the Town of Brant named on it in the amount of $50,000.00 initially.  Said dollar amount will be re-evaluated by Town engineers at permittee’s expense every 4 (four) years and such security shall be updated as recommended by Town’s engineer.

Acting Supervisor Michael Muffoletto motioned to adopt the resolution as read and was seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

A roll call vote was taken and resulted as follows:

                                AYES:                                                                                      NOES: None         

Acting Supervisor Muffoletto            aye                                                         

Councilwoman Giancarlo                   aye                                                          ABSENT: Supervisor DeCarlo

Councilwoman Marien                       aye

Attorney Trask acknowledged the extra efforts of the Planning Board and Chairperson, and Code Officer regarding this cell tower application.  He noted that it had been several years since a tower application came through and with cell tower permit law changes made a couple years ago, there were a couple hiccups but overall, the process went very well.  The Town Board also expressed their appreciation.

LETTER REGARDING POOL RATES FOR RESIDENTS:  Acting Supervisor Muffoletto addressed a letter from Arlene DeJoy-Meckes & Christopher Meckes regarding pool rates for the Town residents.  She requests the Town Board to consider allowing Town residents to receive discounted rates for the use of the pool.  She noted that Town residents already contribute to the cost of the pool through local taxes while nonresidents don’t.  She added that other Towns allow their residents to enjoy a discounted pool rate, and the Town should consider doing the same.

Acting Supervisor addressed the rates as they are now.  Individual day passes are $5.00 per person. A summer season pass for an individual is $45.00 per person, A family pass for 4 is $100.00 plus $25.00 for each additional family member.  Senior individuals pay $25.00 for a season pass.

He then acknowledged the Town of Evans pool rates.  A resident season pass for a family of 4 is $80.00 with each additional family member adding $20.00.  Senior individuals are $25.00 per person for a season pass.  Day passes for resident individuals are $5.00.  Evans does not allow nonresidents unless they are accompanied by a Town resident and they will pay $160.00 for a season pass for up to 4 members, plus $40.00 for each additional family member. 

He then quoted rates for the Town of Eden.  A season pass for an individual resident is $50.00.  A resident Family season pass is $150.00.  Nonresident family passes are $300.00. 

After listing the rate differences, Acting Supervisor Muffoletto stated he feels the nonresident rates should be raised for the next season.  Councilwoman Brady noted that she spoke with the writer of the letter and found that they have a family of 5, and at our current season rate, they would have to pay $175.00 a season.  She spoke in favor of making a family pass simply a family pass that would cover all family members.

Councilwoman Giancarlo spoke on behalf of changing the family rate to include all family members, starting immediately.  Councilwoman Brady also noted that the residents should get a discount individual day pass.  Attorney Trask asked if the Board makes this change now, will they be issuing refunds to those who paid the 4-Family members price.  Further discussion ended with a decision to research these changes for next year’s rates. 

REPORT OF COMMITTEES: 

Acting Supervisor Muffoletto asked Deputy Clerk Kristen who was chairperson for the 2024 Brant Summer Festival if she would like to report on the Festival.  Kristen stated that financially, the Town ended in the black.  The extreme heat caused the cancellation of the fireman’s waterball competition.  Regardless, the turnout was great.  People were happy with the number of activities for the kids and people of all ages.  There were plenty of food vendors. Terry Buchwald and the Nerds were a hit.  Councilwoman Giancarlo and Acting Supervisor Muffoletto applauded Kristen’s job as Chairwoman of the huge event.

COUNCILWOMAN BRADY: 

• Advised that she is looking at a few websites.  She noted that she is considering if they will be able to fulfill the needs of the Town and what are the financial implications. 
• Stated she is looking into grant funding for improvements to the Rec Building, noting that the doors need attention.  She is hoping to meet with Allen who can assist with what is needed.

COUNCILWOMAN MARIEN: Stated that more eWaste was dropped off than ever before.  She added that so many tires came in that she had to shut down the tire drop off as the roll off was over full.  By 9 am, there was 15 cars waiting to be dumped.  Also, she advised the Park Liaison (Tish Brady) that the entrance ramp to the eWaste has a few broken boards and is a safety hazard.  Tish responded acknowledged two weeks until the next ewaste event.

COUNCILWOMAN GIANCARLO: Stated that she would like to see more work done around the Town Hall.  She added that the railings need to be sanded and painted and the bushes need to be pulled out.  She has had multiple complaints during the Memorial Day event that was held at the Town Hall.  Councilwoman Brady responded that she had multiple quotes to do the landscaping, but since the work is being done on Municipal property, there are wage and reporting regulations and therefore the quoting party turned down the work.

RECOGNIZED PRIVILEGE OF THE FLOOR: 

Dolly Huffnagle asked when the AED’s would be installed.  Acting Supervisor Muffoletto responded they have been delivered but they need to have someone come in and demonstrate their use. 

Town Justice Chad Kaczmarek advised the Board to consider the old septic system at the Rec Building stating it is the original and should be part of the Recreation building’s improvement plans.

Meetings & Correspondence: 

• The second June sales tax remittance is in. The current transfer rate is 10.97% greater than the corresponding 2023 amount. Year-to-date transfers are running 2.33% below year at this time.

Acting Supervisor Muffoletto read the Abstract (7 of 2024):

ABSTRACT 7 of 2024

Prepaid and unpaid as of 7/09/24 Total Claims $ 254,492.06

Gen Fund Town wide Vouchers Totaling: $ 94,565.90

Gen Fund – Part Town Voucher Totaling: $ 14,201.43

Highway T.W. Vouchers Totaling: $ 3,314.95

Highway P.T. Vouchers, Totaling:  $ 6,139.27

Street Lighting:  Voucher Totaling:  $ 2,475.01

Brant Water Dist 1 (SS2&SW):  – Totaling $0

Fire Protection District: $ 133,795.50

PAYROLL (2 pay periods):

General Town Wide Payroll 6/2/24-6/29/24 – Totaling $ 60,518.67

General Part Town Payroll   6/2/24-6/29/24 -Totaling:  $ 1,242.10

Highway Payroll TW 6/2/24-6/29/24 -Totaling:  $ 0

Highway Payroll PT 6/2/24-6/29/24 -Totaling:  $ 4,951.77

Acting Supervisor Muffoletto motioned to approve Abstract 7 of 2024, seconded by Councilwoman Giancarlo.  A roll-call vote was taken: Acting Supervisor Muffoletto-aye, Councilwoman Giancarlo-aye, Councilwoman Marien, Councilwoman Brady-aye.  4 ayes, 0 nays.  MOTION CARRIED.

The next regular Town Board meeting to be held August 13, 2024 at 7:00 PM.

At 8:04 pm, Acting Supervisor Muffoletto announced that the Board will be entering executive session for personnel reasons and will not act after the session.  He stated the meeting will be adjourned following the executive session in memory of Leonard Petit and Douglas Dunshie

At 8:05 pm, acting supervisor Muffoletto motioned to enter executive session for personnel reasons, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

At 8:30 pm, Acting Supervisor Muffoletto motioned to close the executive session and adjourn the meeting, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara J Daniel

Brant Town Clerk