This Regular Meeting of the Brant Town Board was held on Tuesday August 20, 2024 (postponed from August 13), at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

PRESENT WERE:

Mark DeCarlo                                    Town Supervisor

Tish Brady                                           Councilwoman

Linda Giancarlo                                 Councilwoman

Michael Muffoletto                        Councilman

Barbara Daniel                                   Recording Secretary

William Trask, Sr.                              Town Attorney

ABSENT WAS:

Donna Marien                                   Councilwoman

ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:

Denise Myers                                   

Thomas Bowman                             Resident

Brian Rott                                            Resident

Debra Ritz                                           Resident

Joe DeCarlo                                        Assessor

Janice Ross                                         Planning Board

Daryl Novoa                                       Highway

Jeneen Hill                                          Code Enforcement Officer

Ellsworth Nolan                                highway Superintendent

Tracy Kaczmarek                              Supervisor’s Secretary

James George                                   Resident

Frank Broughton                              ZBA Chairman
 

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

APPROVE MINUTES of the JULY 9, 2024 MEETING: Councilwoman Giancarlo motioned to approve the minutes of the July 9, 2024 Regular Town Board meeting, and was seconded by Supervisor DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

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

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

COURT CLERK’S JUNE 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 June 2024, seconded by Supervisor DeCarlo. 4 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT FOR JULY 2024:  The Police Report for July 2024 was read by Councilman Muffoletto as Chief Slawek was absent.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S REPORTS:  Highway Superintendent Ellsworth Nolan presented his report for June and July 2024.   He spoke of the need for speed limit signs on several State and County Roads as a few of the roads are not posted.  He requested that the Town place an advertisement for highway laborer.  He then requested listing several items as surplus as they were no longer used by the Highway Department and he wanted to list them for auction.  The items were:

2 Welders

1 One Ton Dump with plow

1 One Ton Salt Box

3 Stone spreader boxes

1 Three Point Hitch scraper blades

1 One 1995 International Truck with plow

1 Three-point hitch post hole digger

1 Old Floor Jack

1 pile of rolled black pipe (pieces)

Tractor Wheel weights

Councilwoman Giancarlo read aloud the list of items to be named as surplus and motioned to approve them for auction, and to approve the report as read.  Councilwoman Brady seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S JUNE 2024 ACTIVITY REPORT TO THE BOARD: The Town Clerk’s activity report for June was presented.   Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: The Planning Board chairman Debra Ritz presented the Planning Board report for their August 6th meeting.  She advised the Board that the Planning Board is recommending proceeding forward on the Special Use Permit for 2K’s Corporation located at 10962 Southwestern Blvd.  The revised application had been changed and there is no longer a second party applying.  The Planning Board also reviewed a Variance Application for a front yard setback change for a property on Halley Road.  Councilwoman Giancarlo motioned to approve the report as read, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED. 

ZONING BOARD REPORT: Councilwoman Tish Brady read the Zoning Board of Appeals report.  The report advised of an upcoming Public Hearing to review an area variance for 1928 Halley Road.  The application will be heard by the ZBA on August 26^th.  Supervisor DeCarlo motioned to approve the report as read, and was seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

RECREATION DIRECTOR’S REPORT:  No report presented

BUILDINGS & GROUNDS REPORT: No report presented

TOWN HISTORIAN REPORTS: No report presented.  Tabled until next month.  Councilwoman Brady commended the work of our Historian Patty Friend for winning First Place in the Erie County Fair Historical Display competition.

FIRE DEPARTMENT REPORT: No report presented. 

BRANT FARNHAM SENIORS:  No report presented.  Councilwoman Giancarlo stated the new grill has been installed and the seniors enjoyed it for their picnic.

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

At 7:20 pm Supervisor DeCarlo motioned to enter executive session, seconded by Linda Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

At 7:57 pm, Supervisor DeCarlo motioned to close the executive session, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS:  No old business

NEW BUSINESS

RATIFY UPDATED SPECIAL USE PERMIT APPLICATION FEE RESOLUTION:  Supervisor DeCarlo read the following updated “Special Use Permit Application fee dated August 13, 2024:

“RESOLVED”, that, in accordance with Section 161-69 of the Town of Brant Code, fees for all Special Use Permit applications shall be $250.00, plus reasonable and actual costs of professional engineering and/or other consulting services required by the Town to assist it in reviewing, analyzing and processing material and information relative to the application including, but not limited to, matters related to SEQRA. The applicant may be required to pay an estimated amount to cover such professional services in advance before application is deemed complete and will be required to pay any balance due for such services prior to any approved permit being issued. Fees for Special Use Permit renewals shall be $25.00, plus reasonable and necessary costs of professional services reasonably required to validate compliance with permit conditions which are beyond the expertise of the Code Enforcement Officer.”

Upon reading the updated Special Use Permit application fee resolution, Councilwoman Giancarlo requested that the new fee resolution be placed on the Town Website Code Enforcement page.  Supervisor DeCarlo motioned to approve the resolution as read, seconded by Councilwoman Giancarlo.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Brady-aye. 4 ayes, 0 nays. MOTION CARRIED.

OTHER PERMIT FEE CHANGES:  The Board then discussed consideration for the fees charged for other permits.  Councilwoman Brady then asked the Town Board to allow more time for review of the proposed change in permit fees.  Supervisor DeCarlo then mentioned that the fees as listed are in line with the Town of North Collins.  Councilwoman Brady also wanted clarification of when a roof repair would need a permit.  It was noted that putting new shingles on does not require a permit.  However, it was noted that a tear off would require a permit.  It was also noted that putting a metal roof on requires the Code Officer to ensure that you are only putting the metal roof over a single layer roof, without multiple layers of shingles.  Supervisor DeCarlo then stated we will table the discussion.  Attorney Trask asked for a copy of the proposed changes.  He added that the proposed changes must be put in the form of a resolution when they are ready.

2K’s CORPORATION SPECIAL USE PERMIT APPLICATION: 

Supervisor DeCarlo then presented the following resolution to name the Town of Brant as Lead Agency under SEQRA for the Special Use Permit application of 2K’s Corporation, 10962 Southwestern Blvd in Brant, NY:

RESOLUTION OF THE BRANT TOWN BOARD DECLARING LEAD AGENCY STATUS UNDER SEQR

(Application for Special Use Permit and Site Plan Approval at 10962 Southwestern Blvd)

WHEREAS the Town Board of the Town of Brant, Erie County, New York received an application from 2K’s Corporation for a Special Use Permit and site plan approval for multiple commercial uses at 10962 Southwestern Blvd, and

WHEREAS, the Town Board seeks o commence proceedings pursuant to the requirements of the State Environmental Review Act (“SEQRA”), 6 NYC%% 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 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.

August 20, 2024

Supervisor DeCarlo motioned to approve naming the Town of Brant as Lead Agency for the Special Use Permit application of 2K’s Corporation.  Councilwoman Giancarlo seconded the motion.  A roll call vote was taken:  Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-aye, Councilwoman Brady-aye. 4 ayes, 0 nays. MOTION CARRIED

SET PUBLIC HEARING DATE FOR SPECIAL USE PERMIT, 2K”S CORPORATION:  Supervisor DeCarlo then motioned to set the Public Hearing date for the 2K’s Corporation Special Use Permit application for Tuesday October 8, 2024 at 7:30 PM.  Councilwoman Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

ORDER TO SEND ZR-1 ENVIRONMENTAL ASSESSMENT FORM TO ERIE COUNTY:  Supervisor DeCarlo motioned to approve the sending of the ZR-1 form to Erie County for the 2 K’s Corporation Special Use Permit application.  Councilwoman Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

LANDSCAPING OF TOWN HALL:  Supervisor DeCarlo began discussion regarding the several contractors who were interested in landscaping the front of the Town Hall.  They later declined the work because the contract required paying prevailing wage.  The only contractor willing to perform the work was Matt’s Outdoor Solutions.  Supervisor DeCarlo then motioned to approve the quoted $10,675 to re-landscape the front of the Town Hall.  Councilwoman Brady seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto-abstained.  3 ayes, 1 abstain.  MOTION CARRIED.

COURT REQUESTS ONLINE CREDIT CARD PROCESSING SERVICES THROUGH “ALLPAID COMPANY”:  Supervisor DeCarlo spoke regarding the Brant Court’s request to obtain online credit card services through “Allpaid”.  Attorney Trask advised the Town Board to review the agreement to make sure it ensures security at the online processing location.  The Town Attorney will review the agreement.  Supervisor DeCarlo then motioned to approve the application for “Allpaid” pending the Town Attorney’s full review.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

RULES FOR NONPROFIT RENTALS:  Supervisor DeCarlo spoke about the need for rules regarding rentals for Nonprofit organizations who utilize Town rentals at no fee.  Fee amounts that will act as a security deposit were discussed.  Attorney Trask stated the Town Board must determine what constitutes nonprofit.  This discussion was tabled until the Board defines Nonprofit.

Supervisor DeCarlo announced that the Ewaste drop off will be held on Saturday August 31^st 9 am to noon.

The Town Board temporarily left “New Business” to present reports of Committees/Board Members:

REPORT OF COMMITTEES: 

COUNCILWOMAN GIANCARLO:

• ROAD DITCH PROBLEMS: Advised the Town Board that she has received several complaints regarding the drainage ditches.  The complainants state the lack of proper ditch flow, agricultural fields are flooding and causing a loss in crop.  Upon receiving complaints, she drove around and noticed that Milestrip Road ditches are in bad condition.  The vegetation is climbing over guardrails, surrounding mailboxes, etc. She read a report explaining the damage this can cause agricultural districts.  She then commended the Town Highway Department for keeping the Town owned ditches clean and flowing but is concerned with the County and State owned ditches.  Supervisor DeCarlo stated he will contact the State and County regarding the issue, and will provide a report for next month.
• TOWN HALL REPAIRS: Commended the improvements being made by Town Employees as they scrape and paint the railings in front of the Town Hall.

COUNCILWOMAN BRADY:

• UPCOMING ELECTION WILL REQUIRE SOME PLANNING:  Spoke of the need for Handicap parking in the back of the Town Hall to accommodate voters.  Discussion about placing magnetic handicap signs over the front of the current parking signs.  Another problem addressed was the poor lighting behind the Town Hall.  Councilwoman Giancarlo and Brady will work together to remedy these problems.  Councilwoman Brady mentioned the great help a recent labor hire has been. 

SET PUBLIC HEARING FOR CDBG: Supervisor DeCarlo motioned to set September 10, 2024 as the Public Hearing date for CDBG.  The time will be 7:30 PM.  Councilwoman Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

Councilwoman Giancarlo requested a workshop to discuss various project options for the upcoming CDBG grant application.  After discussion it was decided that the workshop will be Monday August 26, 2024 at 6:00 PM. 

Discussion regarding the need to name a committee to work on an updated Comprehensive Plan.  A committee will be named soon.  Attorney Trask suggested hiring a firm, such as CPL to assist in drafting a calendar of events that will need to be considered. 

Supervisor DeCarlo mentioned he attended a pinning ceremony at Houghton College for their 50^th anniversary.  Congressman Langworthy participated in the event.

RECOGNIZED PRIVILEGE OF THE FLOOR: 

James George spoke about the accidents occurring at the intersection of Route 249 and Route 20.  He is suggesting the Town Board request a streetlight at the location.  He also mentioned that Route 249 and Route 5 (near Dollar General) has many accidents. He suggests both locations be considered for red lights.  Supervisor DeCarlo stated that if the Town Board approves, he will contact the State regarding it.  The general consensus of the Board was in favor of the contacting the proper state agency, and no one spoke against it.

Supervisor DeCarlo read the Abstract (8 of 2024):

ABSTRACT 8 of 2024

*Prepaid and unpaid as of 8/20/24 Total Claims $ 94,888.46

Gen Fund Town wide Vouchers Totaling: $ 51,604.66

Gen Fund – Part Town Voucher Totaling: $ 28,121.92

Highway T.W. Vouchers Totaling: $ 3,606.92

Highway P.T. Vouchers, Totaling:  $ 8,979.27

Street Lighting:  Voucher Totaling:  $ 2,575.69

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

PAYROLL (2 pay periods):

General Town Wide Payroll 6/30/24-7/27/24 – Totaling $ 102,863.20

General Part Town Payroll   6/30/24-7/27/24 Totaling:  $ 1,242.10

Highway Payroll TW 6/30/24-7/27/24 Totaling:  $ 0

Highway Payroll PT 6/30/24-7/27/24 Totaling:  $ 7,841.56

Supervisor DeCarlo motioned to approve Abstract 8 of 2024, seconded by Councilwoman Brady.  A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilwoman Giancarlo, Councilman Muffoletto-aye.  4 ayes, 0 nays.  MOTION CARRIED.

Meetings & Correspondence: 

• The first August sales tax remittance is in. The current transfer rate is 0.797% below the corresponding 2023 amount. Year-to-date transfers are running 1.46% below year at this time.

The next regular Town Board meeting to be held September 10, 2024 at 7:00 PM.

At 8:37 pm, Supervisor DeCarlo motioned to close the adjourn the meeting, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara J Daniel

Brant Town Clerk