MINUTES OF THE DECEMBER 14, 2021 TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, December 14th, 2021 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

 

Present were:

 

Mark DeCarlo                                    Supervisor

Donna Marien                                   Councilwoman

Janice Ross                                         Councilwoman

Linda Giancarlo                                 Councilwoman

William Trask, Sr.                              Town Attorney

Amanda Palmer                                Recording Secretary

 

Absent:

 

Michael Muffoletto                        Councilman

 

ALSO PRESENT / SIGNED IN WERE:

 

Debra Ritz                                           Resident

Donald Hepkins                                 Police Chief

Lynda Ostrowski                               Planning Board secretary

Patty Friend                                        Town Historian

Daryl Novoa                                       Highway              

Tracy Kaczmarek                              Supervisor’s Secretary

Diane Czyz                                          Deputy Town Clerk

Allen Nolan                                         Buildings & Grounds

Joe Giancarlo                                     Resident

Chad Kaczmarek                               Town Justice

Ellsworth Nolan                                Highway Supervisor

Peter Czaster                                     Highway

Beth Czaster                                       Resident

 

The meeting opened at 7:04 PM.

 

THE MEETING OPENED WITH A PLEDGE TO THE FLAG

 

MINUTE APPROVAL November 9th, 2021 TOWN BOARD MEETING: Councilwomn Ross moved to accept the minutes of the November 9th, 2021 Town Board meeting. Councilwoman Marien seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.

 

SUPERVISOR’S FINANCIAL REPORT: Supervisor Decarlo motioned to approve the Supervisor’s financial report.  Councilwoman Giancarlo seconded the motion. Roll call vote was taken, Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilwoman Ross-aye, Councilwoman Marien-aye, 4 ayes, 0 nays.  MOTION CARRIED.

 

BUDGET MODIFICATION: Supervisor DeCarlo read the Budget modifications as of October 31st, 2021:

 

Budget

Dec From/

Fund Account

 Modification

(Inc.) To

Code

Description

    

General Fund (A)

             1,906.79

(DR) Decrease

A1110.13

Mun Court - Pers Serv (Office Clerk)

              (878.57)

(CR) Increase

A1110.14

Mun Court - Pers Serv (Bench Clerk)

                (95.71)

(CR) Increase

A1110.4

Mun Court - Contractual (Gier)

              (932.51)

(CR) Increase

A1110.41

Mun Court - Contractual (Kaczmarek)

    

             2,000.00

(DR) Decrease

A1420.4

Law - Contractual

           (2,000.00)

(CR) Increase

A1440.4

Engineer - Contractual

    

             1,000.00

(DR) Decrease

A1320.4

Accounting - Contractual

           (1,000.00)

(CR) Increase

A1440.4

Engineer - Contractual

    

             1,600.54

(DR) Decrease

A1621.2

New Town Hall Bldg - Equipment

           (1,600.54)

(CR) Increase

A162101

New Town Hall Bldg - Personal Services

    

                758.65

(DR) Decrease

A1621.4

New Town Hall Bldg - Contractual

              (196.52)

(CR) Increase

A1625.4

Recreation Bldg - Contractual

              (562.13)

(CR) Increase

A1630.4

Cmmunity Bldg - Contractual

    

             4,060.04

(DR) Decrease

A3120.12

Police - Personal Services (Court Bailiff)

           (4,060.04)

(CR) Increase

A3120.1

Police - Personal Services (Chief)

    

                495.43

(DR) Decrease

A5010.4

Street Administration - Contractual

              (495.43)

(CR) Increase

A5132.4

Garage - Contractual

    

             2,337.47

(DR) Decrease

A7110.4

Parks - Contractual

              (859.00)

(CR) Increase

A7180.1

Special Rec Facility - Personal Services (Pool)

           (1,478.47)

(CR) Increase

A7180.4

Special Rec Facility - Contractual (Pool)

    

             1,509.93

(DR) Decrease

A7550.4

Celebration - Contractual

           (1,509.93)

(CR) Increase

A7270.4

Band Concerts - Contractual

    

 

 

 

 

    

Town Outside Village (B)

                112.50

(DR) Decrease

B8010.4

Zoning - Contractual

              (112.50)

(CR) Increase

B5010.4

Street Admin - Drug/Alcohol Tests

    

 

 

 

 

    

Highway Town Wide (DA)

                115.00

(DR) Decrease

DA5140.1

Misc. (Brush & Weeds) - Personal Service

              (115.00)

(CR) Increase

DA5140.4

Misc. (Brush & Weeds) - Contactual

    

 

Supervisor DeCarlo motioned to approve the above Budget modifications, seconded by Councilwoman Giancarlo.  A Roll Call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilwoman Ross-aye, Councilwoman Marien-aye.  4 ayes, 0 nays.  MOTION CARRIED.

 

TOWN CLERK/TAX COLLECTOR’S SEPTEMBER 2021 FINANCIAL REPORT: Tabled

 

COURT CLERK’S SEPTEMBER 2021 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Supervisor Decarlo motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek’s October 2021, and was seconded by Councilwoman Marien & Councilwoman Ross. 4 ayes, 0 nays.  MOTION CARRIED.

 

CODE ENFORCEMENT OFFICER’S NOVEMBER 2021 REPORT: Gary Brecker read the November Code Enforcement Officer’s report. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

DOG CONTROL OFFICER’S November 2021 REPORT: Tabled

 

POLICE REPORT FOR October 2021: Chief Hepkins read his report. Chief noted that Patrolman Phil Tremblay will be resigning as of the 31st of December. Councilwoman Marien thanked the Chief for his assistance during the fire in the Village. She then asked for the mileage on the Police Vehicles and their car numbers.  Chief responded:

Car 72 (Equipped with Plate Reader) mileage is over 200,000

Car 70 (Equipped with Plate Reader) has between 70,000 and 80,000 miles on it

Car 71 (marked and has 160,000 miles

Car 74 (Tahoe which is used by the Chief) is also unmarked and has 39,000 to 40,000 miles on it

Car 73 (Tan/gold Cown Vic unmarked) has 135,000 miles

 Supervisor DeCarlo made a motion to approve the report as read, seconded by Coucilwomen Ross, Giancarlo and Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

HIGHWAY SUPERINTENDENT NOVEMBER 2021 REPORT:  Highway Superintendent Ellsworth Nolan presented the Town Board a copy of the Erie County New York Inter-municipal Highway Shared Services Agreement to be reviewed by the Town Board and Town Attorney.  He was unsure of when it was due back to the County.  Attorney Trask advised to put the agreement approval on the Agenda for the January meeting to allow him time to review it.  He then presented his October and November reports.  He advised the Board that he is appointing people with CDL licenses in case he needs additional help.  He will look into the Title they will be listed under.  Attorney Trask asked if they will be Laborers or Motor Equipment Operators.  Ellsworth will look into their correct titles for Civil Service.  They will be Bruce Barrett, Dalton Heath and Sammy Sicurella.  He then asked the Town Board to approve shutting off the phone that was used by Butch Kijek and to approve a stipend of $35.00 each for Peter Czaster’s and Darryl Novoa’s use of their personal cell phones because the Superintendent calls them on their phones.  He also advised the Board that ordering a one-ton dump would require a 5 to 6 months to get it.  He will not be getting quotes until the Board gives him the approval to seek one.

 

The Highway Superintendent then addressed the Board regarding a flooding issue on Milestrip Rd near the property of Michael Fetto.  Since the alleged cause of the flooding is located on private property, the Town cannot go on private property.  Attorney Trask noted that Eden has an “Off road drainage committee” who occasionally will do an “off the right of way” project with the permission of the Town Board, which also requires permission from the property owner.  The worry is the start of a precident.  Trask advised the Board to consider a similar committee to be appointed for Brant, and added that Ellsworth speak with the Highway Superintendent of Eden.  Resident Debra Ritz asked if the affected  property owner ultimately responsible for protecting their flooded property if they can get no relief from the Town or County?  Attorney Trask noted that he is affected by the flooding in the area of Milestrip as well.  He added that the only time they can correct causes of flooding that is on private property is when it is affecteing the safety of the right of way area of the road.  He then noted that other resources are available such as Erie County Soil and Water Conservation Board. 

 

Supervisor DeCarlo thanked Mr. Fetto for bringing the problem to the attention of the Town Board and they will look into the problem with the Highway Superintendent and get back to him.

 

Councilwoman Ross asked the Highway Superintendent if he can look into the County or State coming to clean up the long trail of paper trash that remains along the roads in Town.

 

Supervisor DeCarlo motioned to approve the Highway Superintendent’s report as presented.  Councilwoman Ross seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.

 

APPOINTMENT OF DALTON HEATH: Supervisor DeCarlo motioned to approve the appointment of Dalton Heath as a part-time Driver/Wingman for the purposes of plowing at the standard rate that was determined at the Board meeting in 2021.  Councilwoman Marien seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Coucilowman Ross-aye, and Councilwoman Giancarlo-aye.  5 ayes, 0 nays. MOTION CARRIED.

 

TOWN CLERK’S REPORT TO THE BOARD: The Town Clerk November Activity report is tabled until the January meeting.

 

PLANNING BOARD MINUTES: No meeting was held.

 

ZONING BOARD OF APPEALS REPORT: No meeting was held.

 

RECREATION DIRECTOR’S REPORT: No report presented.

 

PARKS COMMISSIONERS’ REPORT: No report presented.

 

TOWN HISTORIAN’S REPORT:  Patty Friend read her November report. Supervisor DeCarlo motioned to approve the report, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

BRANT/FARNHAM SENIORS REPORT:  Councilwoman Ross read the December Senior’s report. Supervisor DeCarlo motioned to approve the report, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

 

SET DATE & TIME FOR 2022 ORGANIZATIONAL MEETING: Supervisor DeCarlo motioned to set Tuesday January 4th, 2022 as the date for the 2022 Organizational meeting.  The meeting will begin at 7:30 pm.  Councilwoman Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

ACCEPT RESIGNATION OF PATROLMAN PHIL TREMBLAY: Supervisor DeCarlo motioned to accept the resignation of Patrolman Phil Tremblay effective December 29, 2021.  Councilwoman Giancarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

REVIEW THE REQUEST TO USE THE REC BUILDING FOR EVANS/BRANT GIRL’S SOFTBALL ORGANIZATION PRACTICE:   Supervisor DeCarlo advised the Town Board that he has received a request from Tom Whelan to use the Recreation Bldg on Thursdays for practice sessions for the girl’s softball team. Allen Nolan will oversee the schedule.  Supervisor DeCarlo motioned to approve the use, provided the Organization provides proof of insurance.  Councilwoman Marien seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

SEEK BIDS FOR SENIOR BLDG HVAC PROJECT: Supervisor DeCarlo noted that the County visited the Senior Center looking at ways to improve the air conditions of the Senior Building in response to COVID risks. The project, if approved, would be paid for by the CDBG Grant.  The Town would need to request bids.  Attorney Trask confirmed that the Board is only going to seek quotes, and will not act on hiring the winning bidder until the grant is approved.  He added that the Board must include this information in the bid specs.  Attorney Trask asked if the specs were drawn up by someone who knows what they are doing.  Supervisor DeCarlo responded yes.  Trask stated that prevailing wages will be listed in the specs.  The Supervisor’s Secretary noted that this grant from the County was handled different than past CDBG grants.  The County initiated the visit to the recently remodeled Community Bldg this summer, and had the specs drafted by D.J.Brown Engineering.  SET TENTATIVE BID OPENING DATE: Supervisor DeCarlo motioned to set the bid opening date to January 18, 2022 subject to change based on consultation with the County who authorize the Supervisor to make make changes to the bid opening date.  Councilwoman Marien seconded the motion. A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilwoman Ross-aye, Councilwoman Giancarlo-aye.  4 ayes, 0 nays. MOTION CARRIED.

 

APPROVE PUBLICATION OF BID SPECS AND LETTERS MINORITY ORGANIZATIONS: Supervisor DeCarlo motioned to approve the Supervisor’s office to advertise the bid specifications and to send the approporate letters to the proper minority owned businesses  to invite bidding.  Councilwoman Marien seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

STATUS OF THE 2021 CDBG GRANT REQUEST: Supervisor DeCarlo updated the Board about the status of the 2021 application submitted by the Town Board for improvements to the Town Hall with a basketball/pickle ball court.  No word has been received regarding the approval as of yet, but according to some of the comments made by the CDBG Committee during their tour of the proposed project, it looks promising.

 

COMMITTEE REPORTS

 

  • Supervisor DeCarlo: thanked Brian Rott for taking the carrollers around town with his hay wagon.             

 

  • Councilwoman Marien: The tree lighting will be December 4 at 4:30pm, singing Charlie on a hay wagon, A camp fire with smores. Hot Chocolate

 

  • Councilwoman Ross:  Nothing to report
  • Councilwomen Giancarlo: Asked everyone to keep Beth and Peter Czaster in their thoughts and prayers.

 

RECOGNIZED PRIVILEDGE OF THE FLOOR:

 

Lynda Ostrowski thanked Chief Hepkins for talking to the Seniors about Scams

 

Meetings & Correspondence: 

 

  • The second December sales tax is in.  The current transfer is 26.65% greater than the corresponding 2020 amount. Year–to–date transfers are running 20.28% above last year at this time.

 

  • The Town has received notification from Erie County that a traffic Engineering Insvestigation has been initiated in response to the Town’s request for speed reduction on Versailles Plank Rd.

 

Supervisor DeCarlo read the Abstract:

 

ABSTRACT  12 of 2021

Prepaid and unpaid as of 12/14/2021 Total Claims $ 189,220.08

                Gen Fund Town wide Vouchers Totaling: $40,348.19

                Gen Fund Part Town Voucher Totaling: $16,746.52

                Highway T.W. Vouchers Totaling: $5,534.31

                Highway P.T. Vouchers Totaling: $891.78

                CD Special Grant Fund: $

                Street Lighting Vouchers Totaling: $3,235.78

                SF Fire Protection Vouchers: $122,463.50

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

 

PAYROLL (2 payrolls)

            General Town Wide Payroll 10/24/21-11/20/21-$52,778.27

                General Part Town Payroll 10/24/21-11/20/21-$712.96

                Highway Payroll TW 10/24/21-11/20/21-$6,604.33

                Highway Payroll PT 10/24/21-11/20/21-$0

 

Supervisor DeCarlo motioned to approve Abstract 12 of 2021, seconded by Councilwoman Marien. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilwomen Ross-aye 3 ayes, 0 nays.  MOTION CARRIED.

 

Next REGULAR Town Board meeting is Tuesday January 11, 2022 at 7PM.

 

At 8:04 PM Supervisor DeCarlo motioned to adjourn the meeting in memory of Joseph Hetsko and Dale Morris.  Councilwomen Giancarlo seconded the motion. 3 ayes, 0 nays.  MEETING ADJOURNED

 

Respectfully submitted by,

 

Barbara J. Daniel

Brant Town Clerk