This Regular Meeting of the Brant Town Board was held on Tuesday, June 8, 2021 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

 

Present were:

 

Donna Marien                                   Councilwoman (Acting Supervisor)

Michael Muffoletto                        Councilman

Janice Ross                                         Councilwoman

Linda Giancarlo                                 Councilwoman

William Trask, Sr                               Town Attorney

Barbara J. Daniel                               Recording Secretary

 

Absent was:       Mark DeCarlo    Supervisor

                               

 

ALSO SIGNED IN WERE:

 

Chad Kaczmarek                               Town Justice

Patty Friend                                        Town Historian

Joe Giancarlo                                     Resident

Brian Rott                                            Resident

Debra Ritz                                           Resident/Planning Board member

Joyce Ellis                                             Resident

Kathy Nerger                                     J. Ellis’ daughter

Kristen Giancarlo                              Resident

Cindy Gallman                                   Resident

Don Hepkins                                      Police Chief

Tracy Kaczmarek                              Supervisor’s Secretary

Diane Czyz                                          Deputy Town Clerk

Aaron Weiner                                    Ben Weitsman of Brant, LLC’s representative

 

The meeting opened at 7:00 PM.

 

THE MEETING OPENED WITH A PLEDGE TO THE FLAG

 

MINUTE APPROVAL MAY 11, 2021 VIRTUAL TOWN BOARD MEETING: Councilman Muffoletto moved to accept the minutes of the May 11 Town Board meetings. Councilwoman Ross seconded the motion.  No one spoke in opposition.

 

SUPERVISOR’S MARCH 2021 FINANCIAL REPORT: Tabled.

 

BUDGET MODS: None

 

TOWN CLERK/TAX COLLECTOR’S APRIL 2021 FINANCIAL REPORT: Councilman Muffoletto motioned to accept the Town Clerk’s April 2021 Regular Financial Report, seconded by Councilwoman Giancarlo.  No one spoke in opposition.

 

COURT CLERK’S APRIL 2021 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilwoman Giancarlo motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for April 2021, and was seconded by Councilman Muffoletto.  No one spoke in opposition.

 

CODE ENFORCEMENT OFFICER’S APRIL & MAY 2021 REPORT: Code Officer Gary Brecker presented his Reports for April and May 2021.  Councilwoman Ross motioned to approve the reports as read, seconded by Councilman Muffoletto.  5 ayes, 0 nays. MOTION CARRIED.

 

DOG CONTROL OFFICER’S MAY 2021 REPORT: Tabled.  DCO Barbara Daniel acknowledged donations received from a local resident and a past adopter of an unredeemed dog.  The donation is to assist with the expenses to insulate the kennel.  It was noted that Ag & Markets inspection will be conducted soon.  The Town Board asked the DCO to obtain quotes to insulate the kennel, and have them ready for the Town Board’s July meeting.

 

POLICE REPORTS FOR MAY 2021: Chief Hepkins read the May 2021 Police Report.  Councilwoman Giancarlo made a motion to approve the report as read, seconded by Councilwoman Ross.  4 ayes, 0 nays. MOTION CARRIED.

 

HIGHWAY SUPERINTENDENT MAY 2021 REPORT: Tabled.

 

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barb Daniel read her report from May.  Councilman Muffoletto made a motion to accept the report as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

PLANNING BOARD MINUTES: No meeting was held.

 

ZONING BOARD OF APPEALS REPORT:  No meeting was held

 

RECREATION DIRECTOR’S REPORT: Councilman Muffoletto noted that there was no report but 70 people have signed up for Recreation as of now.

 

PARKS COMMISSIONERS’ REPORT: No report was presented.

 

TOWN HISTORIAN’S REPORT: Patty Friend presented her report. Kennedy Sole interviewed Councilman Muffoletto.  She was seeking a lifelong Brant resident to interview.  She also noted a date change for the Historical meetings.  The meetings will now be held on the 3^rd Saturday morning of each month from 9 am to noon.  She noted that Brant Historical Society will also be participating in the Erie County Passport month.  The Town of Brant is on page 13 of the book.  The passport book is available at all libraries in Erie County.  Members of the club are encouraged to visit all the local museums in the Erie County area to get their passport book stamped.  There will be some sort of reward for those who fill their books.  Councilwoman Giancarlo motioned to accept the report as presented, seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

 

FIRE COMPANY REPORTS: No report given.  It was announced that Brant Fire Company will no longer held a bingo game. 

 

BRANT/FARNHAM SENIORS REPORT: Tabled.

 

Councilwoman Giancarlo asked when the ditches will be worked on.  She noted that Ellis Rd is really bad.  Councilman Muffoletto responded that the scoop is broken.  She noted that it was last month’s meeting and asked if they were going to have the scoop repaired.  It was noted that it is unable to be repaired and a new scoop would have to be purchased.

 

Councilman Muffoletto mentioned a special thank you to the Highway and Parks dept for getting together to do a nice job at the corner Park.

 

Councilman Muffoletto motioned to open the Public Hearing to review and renew the Special Use Permits.  Councilwoman Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED/.

The Town Clerk read the legal notice.  [Clerk’s note: Items #4 & # 8 have been stricken from this Public Hearing]:

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 8, 2021 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.  Andrew Lonkey (Empire Collision)

     10936 So. Western Blvd.

     Irving, NY 14081

     Motor vehicle repair and paint shop

 

5.  Joseph Reynolds

     10564 So. Western Blvd

     Irving, NY 14081

     Used car sales

 

6.  John D. Snyder

     1506 Burns Rd.

     Angola, NY 14006

     Unrestricted used car sales at

     10623 So. Western Blvd

     Brant, NY 14027

 

7.  Ben Weitsman of Brant LLC

     P.O. Box 420

     Owego, NY 13827

     Junk yard at

     1132 Brant Farnham Rd

     Brant, NY 14027   

 

8.   Donald Arcara

      30 Woodland Pkwy

      Angola, NY 14006

      Automotive Repairs at

      10962 Southwestern Blvd

      Irving, NY 14081

  

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

 

Dated:  May 24, 2021

                                                                                                                                Barbara Daniel

                                                                                                                                Brant Town Clerk

 

At this time, Councilwoman/Acting Supervisor Donna Marien sought public comment on each of the applicants for renewal.  One by one, each applicant was presented for comment:

 

1. Stefan Artymowycz      (NO COMMENT WAS MADE]

    10216 So. Western Blvd.

    Angola, NY 14006

    Junk yard

 

2.  Thomas C. Bowman Jr.      [NO COMMENT WAS MADE]

     Irving, NY 14081

     Junk yard

 

 

3.  Michael & Barbara Daniel            [NO COMMENT WAS MADE]

     10575 So. Western Blvd.

     Irving, NY 14081

     Used car sales, auto detailing and windshield repair

 

 

4.  Andrew Lonkey (Empire Collision)           [REQUIRES NEW APPLICATION – BUSINESS REMOVED]

     10936 So. Western Blvd.

     Irving, NY 14081

     Motor vehicle repair and paint shop

 

5.  Joseph Reynolds           (NO COMMENT WAS MADE)

      10564 So. Western Blvd
 Irving, NY 14081 

     Used car sales

 

6.  John D. Snyder                (NO COMMENT WAS MADE)

     1506 Burns Rd.

     Angola, NY 14006

     Unrestricted used car sales at

     10623 So. Western Blvd

     Brant, NY 14027

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Mr. Aaron Weiner handed out letters to be entered into the record.  Letter was read aloud by Aaron.  Councilman Muffoletto responded stating the business didn’t stop after covid, it stopped before.  He would like it to be a smaller operation.  Kathy Nerger recounted her calls to the D.E.C. and warned the Board not to trust them.  Tracy Kaczmarek stated that Weitsman is being held to a different standard than the other Special Use permits.

7.  Ben Weitsman of Brant LLC

     P.O. Box 420

     Owego, NY 13827

     Junk yard at

     1132 Brant Farnham Rd

     Brant, NY 14027

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8.   Donald Arcara                          [REQUIRES NEW APPLICATION – OWNER CHANGED]

      30 Woodland Pkwy

      Angola, NY 14006

      Automotive Repairs at

      10962 Southwestern Blvd

      Irving, NY 14081

 

 

 

Prior to closing the Public Hearing, Deb Ritz had a general question.  She noted that a lot of businesses in Town should also have a Special Use permit.  She asked for the procedure when a resident wishes to inform the Town of businesses that should have a Special Use permit.  Councilman Muffoletto responded in agreement.  Code Officer Brecker responded that Cottage Industries are a permitted use and need no Special Use Permit.

 

At the conclusion of the public portion of the meeting, Councilwoman/Acting Supervisor Donna Marien requested a motion to close the public hearing.  Councilman Muffoletto made the motion, and was seconded by Councilwoman Giancarlo.  5 ayes, 0 nays. MOTION CARRIED.

 

VOTES TO RENEW SPECIAL USE PERMITS:

 

Councilwoman/Acting Supervisor Donna Marien motioned

to approve each of the Special Use permits as follows:

 

Motion was made by Councilwoman/Acting Supervisor Donna Marien to approve Steffan Artymowicz Special Use Permit for one year with the original conditions.  Councilwoman Ross seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

Motion was made by Councilwoman/Acting Supervisor Donna Marien to approve Thomas Bowman’s Special Use Permit for one year with the original conditions.  Councilwoman Ross seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.   

 

Motion was made by Councilwoman/Acting Supervisor Donna Marien to approve Barbara & Michael Daniel’s Special Use Permit for one year with the original conditions.  Councilwoman Linda Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

Motion was made by Councilwoman/Acting Supervisor Donna Marien to approve Joseph Reynolds Special Use Permit for one year with the original conditions. Councilwoman Giancarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.  

 

Motion was made by Councilwoman/Acting Supervisor Donna Marien to approve John Snyder’s Special Use Permit for one year with the original conditions.   Councilwoman Linda Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

Motion was made by Councilwoman/Acting Supervisor Donna Marien to approve Ben Weitsman of Brant, LLC’s Special Use Permit for one year with the most recent conditions.   Councilwoman Linda Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

OLD BUSINESS. No old business was presented.

 

NEW BUSINESS

REMOVAL OF REC ATTENDANT:   Recreation Attendant Katelyn Hofner will be removed from recreation employment as she is unable to work.  Councilman Muffoletto motioned to approve the removal, seconded by Councilwoman Ross.  4 ayes, 0 nays.  MOTION CARRIED.

 

APPROVAL OF 3 REC ATTENDANTS AT $12.50 PER HOUR: Councilwoman Giancarlo motioned to approve the hiring of Rebecca Holmes, Jay Brueckl and Robin Hidy as Rec Attendants for the 2021 season, pending background checks with the rate of pay to be $12.50 per hour.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

APPROVAL OF REC COUNSELORS IN TRAINING (C.I.T.):  Councilman Muffoletto motioned to approve the hiring of Josephine DeJoy and Mya Dalton as Rec Counselors in training at $12.50 per hour pending background check.  Councilwoman Ross seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

APPROVE THE RESIGNATION OF ASSISTANT DISASTER COORDINATOR: Councilwoman Giancarlo motioned to accept the resignation of Jimmy George as Assistant Disaster Coordinator, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

 

REFER TWO NEW SPECIAL USE PERMIT APPLICATIONS TO PLANNING BOARD: Attorney Trask spoke of two Special Use permit applications that are to be referred to the Planning Board for review and recommendation.  The Planning Board will perform a site plan review for both applications.  The Town Attorney added that once the Town receives the complete applications, a ZR-1 form (Supervisor’s office & Code Enforcement Officer work together to complete), Site Plan and E.A.F. for each application must be sent to Erie County to allow them to review the application for 30 days before a public hearing can be set.  The first applicant is Erin Moran at 10962 Southwestern Blvd and the second is Andrew Lonkey for 10936 Southwestern Blvd.  Upon completion of the Town’s Planning Board & Erie County Environment & Planning review, a public hearing shall be set.

PLANNING BOARD REFERRAL: At this time, Councilwoman/Acting Supervisor Donna Marien motioned to refer the Special Use permit applications and Site Plan reviews for Andrew Lonkey at 10936 Southwestern Blvd, and Erin Moran at 10962 Southwestern Blvd to the Town of Brant Planning Board.  Councilwoman Ross seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

LETTER REGARDING SECURITY DEPOSIT REFUND REQUEST: The Town Board discussed a letter from Buildings and Grounds regarding the condition the Rec Bldg was left in after a rental.  The Town Board then allowed the renter (Cindy Gallman) to speak.  She noted a few problems she had with the building and requested the Board approve her refund.  The Town Board then advised her that the Building Superintendent would contact her to discuss the issue further.  The matter will be addressed again at the July meeting under Old Business.

 

RESIGNATION OF OFFICER TIMOTHY PELLITTIERI: Councilwoman/Acting Supervisor Donna Marien read a letter of resignation from Timothy Pellittieri.  Councilwoman Giancarlo motioned to accept the resignation, and was seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

TOWN BOARD REPORTS:

Councilwoman Muffoletto:  Nothing to report.

Councilwoman Giancarlo: Noted that she attended a Board of Assessment & Review meeting.  Announced some of the important items related to the Brant Summer Festival being held June 18 & 19.  The items mentioned were:

· Bounce Houses will be free

· No fee for vendors

· Setup will be 4 PM on Friday

· Beer tent

· Everett Lee and the Underground Stampede will perform from 7 PM to 11 PM

· Parade will be held Saturday at noon (line up at 11 am)

· Kingsmen Drum and Bugle Corp will perform at 1 PM (Sponsored by the S.H.A.R.E. Organization)

· Basket raffles will be sold to benefit the S.H.A.R.E. Organization

· Fireman’s Waterball competition (Approx. 2 PM)

· Car & Tractor show (2 PM)

· Crash Cadillac will perform from 2 PM to 5 PM

· Power wheels drag racing competition 5:30 PM

· Corn Hole Competition (6 PM)

· Terry Buchwald (Elvis Impersonation) 7 PM to 11 PM

· Fireworks at dust

· Raffle tickets will be sold

· Historical display

 

Councilwoman Ross: Noted that she attended the June 8^th Southtowns Coalition meeting.  Reminded those in attendance about Early Voting days for the Primary are June 12^th through June 20^th.  Primary Day is June 22^nd.

Councilwoman Marien:   The second eWaste and tire collection was attended by Councilwoman Marien.

 

RECOGNIZED PRIVILEGE OF THE FLOOR:

Patty Friend asked if any of the Board members would like to contribute a basket to the raffle that will help fund the Kingsmen which was sponsored by S.H.A.R.E. which is a nonprofit organization.  They are also seeking donations to help fund their attendance at the event. 

 

Executive session:

At 8:28 PM, Councilwoman Marien motioned to enter executive session for Contractual reasons.  Seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

The Town clerk then advised those present that further actions will be take after the executive session to approve the abstract. 

At that time (8:30 pm), Councilman Muffoletto motioned to close the executive session to allow the approval of the Abstract.  Councilwoman Ross seconded the motion. 4 ayes, 0 nays.  MOTION CARRIED.

 

Councilwoman/Acting Supervisor Donna Marien then read the Abstract:

 

ABSTRACT 6 of 2021

 

*Prepaid and unpaid as of 6/8/21 Total Claims $69,908.32

 

Gen Fund Town wide Vouchers Totaling: $32,207.20

Gen Fund – Part Town Voucher Totaling: $17,566.92

Highway T.W. Vouchers Totaling: $538.53

Highway P.T. Vouchers, Totaling:  $1,934.29

CD Special Grant Fund: $

Street Lighting:  Voucher Totaling:  $2,251.38

SF Fire Protection Vouchers: 0

Brant Water Dist 1 (SS2&SW):  – Totaling $15,410.00

 

PAYROLL (2 payrolls)

 

General Town Wide Payroll 4/25/21-5/22/21 – Totaling $49,055.63

General Part Town Payroll   4/25/21-5/22/21 Totaling:  $712.96

Highway Payroll TW 4/25/21-5/22/21 Totaling:  $0

Highway Payroll PT 4/25/21-5/22/21 Totaling:  $7,759.75

Councilwoman Marien motioned to approve Abstract 6 of 2021, seconded by Councilman Muffoletto. A roll-call vote was taken: Councilwoman Marien-aye, Councilwoman Muffoletto-aye, Councilwoman Giancarlo -aye, Councilwoman Ross-aye.  4 ayes, 0 nays.  MOTION CARRIED.

The Town Clerk announced that the next Board meeting will be Tuesday, July 13, 2021 at 7:00 PM.  She then advised that no other actions will be taken after this executive session and the Board will adjourn in memory of Rose Pinker.

At 8:35 pm, Councilman Muffoletto motioned to enter executive session for contractual reasons.  Councilwoman Giancarlo seconded the motion.  4 ayes, 0 nays. 

At 8:56 PM, Councilman Muffoletto motioned to close the executive session, seconded by Councilwoman Giancarlo.  4 ayes, 0 nays. MOTION CARRIED.

At 8:57 PM Councilwoman Giancarlo motioned to adjourn in memory of Rose Pinker, seconded by Councilwoman Ross. 4 ayes, 0 nays.  MEETING ADJOURNED

 

Respectfully submitted by,

 

 

 

Barbara Daniel

Brant Town Clerk