This Regular Meeting of the Brant Town Board was held on Tuesday, March 8^th, 2022 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

Michael Muffoletto                        Councilman

William Trask, Sr.                              Town Attorney

Barbara Daniel                                  Recording Secretary

ALSO PRESENT / SIGNED IN WERE:

Donald Hepkins                                 Police Chief

Joe Giancarlo                                     Resident

Kristen Pudkulski                              Resident

Amanda Palmer                                Deputy Clerk

Trinnity Palmer                                 Resident

Andrew Lonkey                                Empire Collision

Dolly Huffnagle                                 Resident

Patty Friend                                        Town Historian

Daryl Novoa                                       Highway

Allen Nolan                                         Caretaker

Kiley Nolan                                         Resident

Tracy Kaczmarek                              Supervisor’s Secretary

The meeting opened at 7:00 PM.

THE MEETING OPENED WITH A PLEDGE TO THE FLAG

MINUTE APPROVAL FEBRUARY 15, 2022 REGULAR TOWN BOARD MEETING: Councilwomn Giancarlo moved to accept the minutes of both Town Board meetings. Councilman Muffoletto seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman Muffoletto motioned to approve the Supervisor’s financial report.  Councilwoman Marien seconded the motion. 5 ayes, 0 nays.  MOTION CARRIED.

BUDGET MODIFICATION: No Budget modifications were presented.

TOWN CLERK/TAX COLLECTOR’S JANUARY 2022 FINANCIAL REPORT: Councilwoman Ross motioned to accept the Town Clerk’s Financial Report for January 2022, seconded by Councilman Muffoletto.  5 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S JANUARY 2022 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilman Muffoletto motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek’s January 2022, and was seconded by Councilwoman Marien. 5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S FEBRUARY 2022 REPORT: FEBRUARY DOG REPORT, TABLED.

POLICE REPORT FOR FEBRUARY 2022: Chief Hepkins read his report.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo and Marien.  5 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT FEBRUARY 2022 REPORT:  Councilwoman Ross presented the February Highway report.  It was noted that they were unable to look at ordering a truck because the Ford dealer stopped taking orders.  The report also advised the Town Board about a large tree that needs to be taken down at the corner of Versailles Plank and Rt. 249.  There were questions as to its location.  Was it in the Town’s right of way.  Two quotes were received.  $900 and $1,500.00.  Councilman Muffoletto questioned if the Town was liable to remove it.  Supervisor DeCarlo will call the state to determine who is responsible for removing it.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: The Town Clerk’s February activity report was presented by the Town Clerk.  Councilwoman Ross motioned to accept the report as read, seconded by Supervisor DeCarlo.  5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD MINUTES:  No report was presented.

CODE ENFORCEMENT OFFICER SPOKE: CEO Brecker spoke regarding the application from Andrew Lonkey’s Special Use Permit application.  Councilman Muffoletto asked what the front building will be used for.  CEO Brecker replied that it is for a separate application.  Attorney Trask asked if two businesses can run on the same property.  Brecker stated he finds nothing in the code that prevents it.  Attorney Trask then stated this discussion should be held during the Public hearing.

CEO Brecker then spoke about the Renaldo Special Use permit for Milestrip Rd.  The Board asked if the applicant will be servicing the public with the repairs.  CEO Brecker stated he will be fixing his own propane trucks and trucks from other businesses.  The Board then responded that this means he will be servicing the public.  Attorney Trask then spoke of the letter he read from Renaldo’s stating they need Town approval to be able to obtain a DMV license to perform repairs and inspections for the public.  Trask noted that Renaldo’s are not properly zoned to handle the public repairs.  The Renaldo’s are zoned agricultural, and motor repair shops are only permitted in Commercial districts.

Trask spoke of two options for the Renaldo application:  1) An application for a rezoning of his property.   2) He can apply to the Zoning Board for a Use Variance.

Attorney Trask advised the Supervisor to call Mr. Renaldo to discuss the application.  Supervisor DeCarlo noted that he will call Mr. Renaldo.

CODE ENFORCEMENT OFFICER REPORT FOR FEBRUARY 2022: Code Officer Gary Brecker read his February report.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilman Muffoletto.  5 ayes, 0 nays. MOTION CARRIED.

At 7:30 pm, Supervisor DeCarlo motioned to open the public hearing to consider the application for Special Use Permit of Andrew Lonkey.  Councilman Muffoletto seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

The Town Clerk read the Legal Notice:

LEGAL NOTICE

TOWN OF BRANT SPECIAL USE PERMIT APPLICATION

NOTICE OF PUBLIC HEARING

            NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Town Board in the Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 8th day of March, 2022 at 7:30 P.M. local time for the purpose of considering the Special Use Permit application of Andrew Lonkey to operate an automobile repair & Collision shop at their location at 10936 Southwestern Boulevard, otherwise identified as SBL# 266.00-2-17 within the Town of Brant New York.  A Special Use Permit is required because Vehicle Repair shops are not a permitted use in the Commercial District according to Town of Brant Codes Article IV District Regulations, Permitted Uses set forth by the Town of Brant Code Chapter 161,17-D(2) stating Motor Vehicle, service or filling stations require Special Use Permit. All interested parties will be given an opportunity to be heard. 

Dated: March 2, 2022

                                                                                    BARBARA J DANIEL

                                                                                    BRANT TOWN CLERK

Discussion:

Code Officer Gary Brecker spoke first.  The Boat, and vehicles have been removed according to the Planning Board requirements.  Attorney Trask asked if there is a site plan that shows where the fence is required.  The Town Clerk was asked if she had received the items being presented at this tme.  She noted that the items being presented tonight were not the items that were given to her. At that time the Town Clerk made copies of the site plan being presented to the Town Board.  Each Board member then received copies of the hand drawn site plan. 

Councilwoman Giancarlo stated that the Planning Board should have presented the full application file to the Town Board to allow them to make an informed decision.  None of the paperwork was given to the Town Board.  [clerk’s note: the Planning Board secretary brought all application documents to the Supervisor’s office to submit to Erie County, and copies should have been submitted to the Town Board at that point].  Applicant Andrew Lonkey expressed frustration.  He noted several Planning Board meetings that were cancelled.  CEO Brecker stated the Health Dept has approved the Septic System for the property.  Lonkey noted that his parcel is zoned Commercial for 500 feet back, and he is only going back 300 feet.  Trask noted that the Planning Board recommendations from January 4^th states that a handicapped parking spot should be clearly marked, and that should be clearly shown on the site plan.

He also noted that no specifications were given for the storage area fence, such as height, gates, etc.  Councilman Muffoletto stated they need for detail on the site plan.  Fence height, fence length, storage area location, etc. 

At this time, Supervisor DeCarlo asked for public comment.  Patty Friend spoke, asking if the Board could approve the application temporarily.  The Town Board replied that they simply need more details.  Attorney Trask recommended the Town Board amend the Town Code to state what a satisfactory site plan should look like.

At 7:59 PM, Supervisor DeCarlo motioned to close the public hearing, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

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TOWN HISTORIAN REPORT: Patty Friend presented her February Historical meeting report.  On the 25^th of March the Town will be 183 years old.  The bi-centenial post is still available.  Supervisor Decarlo motioned to approve the report, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

DOLLY HUFFNAGLE RESENTED THE 6 SUMMER CONCERT BAND NAMES:

July 11 Busted Stuff

July 18 Rockabilly Steve & BR3

July 25 Pure Country

Aug 1 Heard of Buffalo

Aug 8 Bleeding Hearts Band

Aug 15 Alibi Pass

Councilwoman Ross noted that she will be sure to have the police presence for any parking issues at the concerts.

SENIOR’S REPORT: Tabled

OLD BUSINESS: 

EASTER EGG HUNT REMINDER: Councilwoman Ross reminds everyone to bring their children to the upcoming Easter Egg hunt on Sunday April 9^th at 1:00 pm at the Brant Town Park. 

COUNCILWOMAN ROSS DISCUSSION:  Councilwoman Ross then spoke regarding the Highway departments great job with the plowing this year.  She then noted that someone had posted on Facebook about nails lying in the road at the corner of Brant Reservation and Milestrip Rd.  She stated when she called Daryl at the Highway, they were already at the corner sweeping them up. Councilwoman Ross then spoke about recent Facebook posts complaining about mailboxes being taken down by the Town Highway plows.  Councilwoman Ross did not see the damage when she drove the rode.  Resident Kristen Podkulski spoke that 4 mailboxes were knocked down.  Councilwoman Ross replied that if anyone has a problem with any department, she requests that the complainant contact the department  directly to address the problem instead of putting the problem on social media.  Highway employee Daryl Novoa spoke regarding mailboxes, and he advised that a lot of the mailboxes are rotted at the bottom.  He has been taking pictures, and any problems are reported to their supervisor.

Supervisor DeCarlo then motioned to approve the following resolution regarding NYS Senate Bill Number S7602:

State of New York

County of Erie

Town of Brant

March 8, 2022

Whereas, the Brant Town Board acknowledges the importance of parents and donor-conceived persons knowing the medical, educational and criminal felony conviction history of individuals who have donated reproductive tissue to a reproductive tissue bank for the purposes of an artificial insemination or assisted reproductive technology procedure and disseminating this history information to a recipient and donor-conceived person upon request upon request, if any; and,

Whereas, the Brant Town Board further acknowledges knowing the medical, educational and criminal felony conviction history of a donor will provide recipients with the necessary information to make informed decisions regarding the process of artificial insemination or assisted reproductive technology procedure and for donor conceived persons to obtain essential medical information, which may reveal any genetic or mental health disorders; and,

Whereas, the Brant Town Board finds that reproductive tissue banks, including semen banks, oocyte donation programs and embryo banks have a duty to collect and verify medical, educational and criminal felony conviction history information provided by donors on donors self-reported medical, educational and criminal felony conviction histories and during the donor screening processes and to keep detailed records of such for use by recipients and donor-conceived persons, if any, prior to a procedure and in the future,

Therefore, be it resolved, the Brant Town Board fully supports the passage of NYS Senate Bill S7602, sponsored by Senator Patrick M. Gallivan, and supports further efforts to insure both parents and donor conceived persons have access to verified medical, educational and criminal felony conviction histories for all donors.

Councilwoman Ross seconded the motion.  4 ayes, 1 opposed.  Councilwoman Giancarlo opposed the resolution.  RESOLUTION ADOPTED.

NEW BUSINESS: No new business

COMMITTEE REPORTS

• Councilwoman Giancarlo: Spoke of the new events that will be held at the Brant Summer Festival this year, such as the “Biggest Burn Out” event.  There will also be an antique tractor pull.  She is also working on a having a Mari-go-round for Patty.  Power Wheels race will be part of this years events too.
• Councilwoman Marien: Nothing to report
• Supervisor DeCarlo:  Nothing to report
• Councilwoman Ross: Nothing to report
• Councilman Muffoletto: Nothing to report

Meetings & Correspondence: 

• The first March sales tax remittance is in.  The current transfer is 26.99% greater than the corresponding 2021 amount.  Year–to–date transfers are running 26.99% above last year at this time.

Supervisor DeCarlo read the Abstract:

ABSTRACT 3 of 2022

*Prepaid and unpaid as of 3/8/22 Total Claims $34,419.07

Gen Fund Town wide Vouchers Totaling: $9,284.58

Gen Fund – Part Town Voucher Totaling: $9,249.13

Highway T.W. Vouchers Totaling: $11,927.20

Highway P.T. Vouchers, Totaling:  $

Street Lighting:  Voucher Totaling:  $3,958.16

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

PAYROLL (2 pay periods):

General Town Wide Payroll 1/30/22-2/26/22 – Totaling $56,277.75

General Part Town Payroll   1/30/22-2/26/22 Totaling:  $734.32

Highway Payroll TW 1/30/22-2/26/22 Totaling:  $10,432.06

Highway Payroll PT 1/30/22-2/26/22 Totaling:  $0

Supervisor DeCarlo motioned to approve Abstract 3 of 2022, seconded by Councilman Muffoletto. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilman Muffoletto-aye, Councilwomen Giancarlo-aye, Councilwoman Marien-aye, Councilwoman Ross-aye, 5 ayes, 0 nays.  MOTION CARRIED.

Supervisor DeCarlo noticed that Privilege of the Floor was not addressed.  He then asked if anyone in the meeting had something to say.  No one spoke.

Next REGULAR Town Board meeting is Tuesday April 12, 2022 at 7 PM.

At 8:16 PM Supervisor DeCarlo motioned to enter executive session for personnel reasons, with no actions to follow, and adjourn the meeting in memory of Wayne Marien and Amanda Palmer’s father.  Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. 

At 9:35 Councilwoman Giancarlo motioned to close the executive session and adjourn the meeting, seconded by Supervisor DeCarlo.  5 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara J. Daniel

Brant Town Clerk