This First Regular Meeting of the Brant Town Board was held on Tuesday February 13, 2024 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

Michael Muffoletto                        Councilman

Tish Brady                                           Councilwoman

Barbara Daniel                                   Recording Secretary

ABSENT WAS:

Linda Giancarlo                                 Councilwoman

ALSO, PRESENT AND LEGIBLY SIGNED IN WERE:

Joe DeCarlo                                        Town Assessor

Chad Kaczmarek                               Town Justice     

Allen Nolan                                         Caretaker

Ellsworth Nolan                                Highway Superintendent

Daryl Novoa                                       Highway

Brian Rott                                            Resident

Debra Ritz                                           Resident
Patty Friend                                        Appointed Town Historian

Frank Broughton                              Zoning Board of Appeals Chairman

Joshua Bushen                                  Highway

Jeff Souder                                         Assemblyman DiPietro’s Office

Thomas Bowman                             Resident

Donald Hepkins                                Police

Janice Ross                                         Planning Board member

James George                                   Resident

Weston Hillegas                                                Visitor (Solar applicant)

Mark Slawek                                      Police Chief

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

APPROVE MINUTES of the DECEMER 12, 2023 TOWN BOARD MEETING, and MINUTES the JANUARY 23, 2024 ORGANIZATIONAL MEETING:  Councilwoman Marien motioned to approve the minutes of both meetings, and was seconded by Supervisor DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

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

TOWN CLERK/TAX COLLECTOR’S NOVEMBER & DECEMBER 2023 FINANCIAL REPORT: Councilman Muffoletto made a motion to approve the Town Clerk’s November & December 2023 Financial reports, seconded by Councilwoman Marien.  4 ayes, 0 nays.  MOTION CARRIED

COURT CLERK’S NOVEMBER & DECEMBER 2023 FINANCIAL REPORTS FOR KACZMAREK & GIER REGULAR AND BAIL ACCOUNTS: Councilwoman Brady motioned to approve both Bail and Regular Financial accounts for Justice Kaczmarek’s & Justice Gier for November & December 2023, seconded by Supervisor DeCarlo. 4 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT FOR JANUARY 2024:  Police Chief Slawek presented the January 2024 police activity report.  The chief mentioned that despite the alleged home break ins in Town, no one has called to report even one of them.  Councilwoman Marien asked if there were any complaints with Evans dog control.  He said he has heard no complaints.  Supervisor DeCarlo said he spoke with several residents who dealt with Evans dog control and they were happy with them.  The chief then mentioned the home on the corner of Hammond and Rt. 249.  He stated they get several calls.  Councilwoman Marien requests that the code officer not go alone to the address.  Chief stated that with the Bail Reform law, there is not much the Town can do.  Supervisor DeCarlo acknowledged the bail reform law and spoke of possibly resending the adopted resolution to the State opposing it.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S REPORT:  The superintendent introduced the new hire who started on December 26.  The Superintendent mentioned the new welder.  Also, stated the John Deere tractor is back from repair.    Supervisor DeCarlo motioned to accept the report as read, seconded by Councilman Muffoletto.   4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S DECEMBER 2023 AND JANUARY 2024 ACTIVITY REPORT TO THE BOARD: The Town Clerk read her combined December 2023 and January 2024 Activity report.  The Supervisor then motioned to accept the Town Clerk’s report as presented.  Councilwoman Marien seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: The Planning Board chairman Debra Ritz presented the February 6^th report.   The Planning Board and Zoning Board are now working together to streamline the application process to better serve the community.  She advised the Board of two positions open.  She submitted two recommendations.  She noted that when there are no pending applications to review on board meeting dates, the Zoning and Planning Board will conduct a training session.  The next meeting will be March 7th.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED. 

ZONING BOARD REPORT: Zoning Board secretary Barbara Daniel presented the Zoning Board of Appeals report for the Public Hearing held on January 19^th.  The meeting was to review and consider a variance application for 83 Lotus Bay Rd.  The application was approved.  Chairman Broughton spoke of the upcoming training options.  Supervisor DeCarlo motioned to accept the Zoning Board report into the record and was seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

PARK’S REPORT: No report was presented.  Supervisor DeCarlo asked the Caretaker Allen Nolan if he had anything to speak on.  Nolan asked when the Recreation decisions were going to be decided.  He mentioned he had given two letters of interest to Tracy.  Supervisor DeCarlo stated Councilwoman Marien and himself need to get together to discuss pay rates for the various positions, i.e. Lifeguards, counselors, etc.

TOWN HISTORIAN REPORT: Town Historian Patty Friend presented her report for the past two months.  A sewing machine was donated by Janice DeCarlo. She mentioned that Mark Slawek gave her plans for the Lake Shore Central school that were given to him by the school.  She is preparing for the 2024 Brant Summer Festival Historian display theme.  The Town of Brant will celebrate its 185^th anniversary on March 25^th.  Councilman Muffoletto motioned to accept the report as read, seconded by Councilwoman Marien.  4 ayes, 0 nays. MOTION CARRIED.

BRANT SENIOR’S REPORT:  The February minutes of the Senior’s meeting were presented by Councilwoman Marien.  The seniors were be awarded a $5,000 grant from the Erie County Legislator John Mills for a new grill for the Senior Community Building.  Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

At 7:30 PM, the Supervisor instructed the Town Clerk to read the Legal Notice for the Public Hearing to review Local Law #1-2024:

LEGAL NOTICE

TOWN OF BRANT, NEW YORK

NOTICE OF RESCHEDULED PUBLIC HEARING

                Due to severe weather conditions, the Town Board of the Town of Brant, New York has canceled the Public Hearing set for 7:30 pm tonight, January 9^th, 2024 at the Brant Town Hall located at 1272 Brant North Collins Rd, Brant, NY 14027.  The Public Hearing was to consider the adoption of Proposed Local Law No.1-2024 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”.  The Town Board has rescheduled this public hearing for Tuesday February 13^th at 7:30 pm.

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:  January 9, 2024

By order of the Town of Brant Supervisor

Barbara Daniel

Brant Town Clerk

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

At this time, Supervisor DeCarlo asked if anyone had any questions, concerns or comments regarding the proposed moratorium on Solar.  Zoning Board Chairman Frank Broughton asked If anyone explained the reason for it.  Attorney Trask responded that the current law which was drafted in 2017 needs to be reviewed as a result of other Solar Laws that have since been adopted throughout the state.  Those issues are lacking in the current law.  Therefore, with the updated technologies, the Town’s current law needs to be updated.

After discussion, Supervisor DeCarlo motioned to close the public hearing, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

ADOPTION OF LOCAL LAW #1-2024:  Supervisor DeCarlo then motioned enact Local Law #1-2024, seconded by Councilwoman Brady.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: The Code Office was not present.  Supervisor DeCarlo read the report.  Supervisor DeCarlo motioned to approve the report, seconded by Councilwoman Brady.  4 ayes, 0 nays. MOTION CARRIED.

The Supervisor then requested comments or questions from those present.  No one spoke.  Attorney Trask then explained Proposed Local Law #2-2023, stating it was to update the existing Senior Tax exemption Income limit to coincide with the income limit set by Erie County.

Supervisor DeCarlo motioned to close the public hearing and was seconded by Councilwoman Marien. 3 ayes, 0 nays. MOTION CARRIED.

ACKNOWLEDGEMENT OF GUESTS AND PRESENTERS: Supervisor DeCarlo acknowledged Assemblyman DiPietro’s representative Jeff Souder.  Mr. Souder announced that Assemblyman DiPietro is available for anyone in need of help from the Assemblyman’s office they can call his office at 716-655-0951. 

OLD BUSINESS: 

DISCUSSED THE POSSIBILITY OF INCREASED TAX EXEMPTIONS FOR VOLUNTEER FIREFIGHTERS: Supervisor DeCarlo discussed the possibility of an increase in the current firefighter exemption of up to 10%.  The current law allows $1,890 off the assessed value.  The new law for those who meet certain criteria to receive up to 10% off their taxable amount.  For example: If they have a home assessed at $240,000 they would receive a $24,000 exemption on their assessment.  The other option for firefighters is to deduct the exemption from their personal income tax returns.  They can’t take both.  The change wouldn’t take effect until 2025.  The applicant would have to apply each year.  It was noted that the Town may opt to offer 5%.  The firefighter or EMT must have at least five years of service.  Supervisor DeCarlo mentioned the possibility of assigning a committee to the task of reviewing all requirements and options available to the Town.  It will be further discussed under old business at the April meeting.

NEW BUSINESS:

INTERMUNICIPAL AGREEMENT WITH EVANS FOR DOG CONTROL SERVICES:  Supervisor DeCarlo stated he spoke with the Town of Evans.  This will be for a three-year contract where there will be no increase in cost this year, but will increase by $250/year for each of the following two years.  Councilwoman Brady motioned to authorize Supervisor DeCarlo to sign the 2024 Intermunicipal Agreement for dog control services with the Town of Evans.  Councilwoman Marien seconded the motion.  A roll call vote was taken: Councilwoman Brady-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Supervisor DeCarlo-Abstain.  3 ayes, 1 abstain, 0 nays. MOTION CARRIED.

ACKNOWLEDGE RESIGNATION OF JOSEPH OSTROWSKI: Supervisor DeCarlo acknowledged receipt of two letters of resignations from Joseph Ostrowski.  The resignations were from the Board of Assessment & Review and from the Planning Board.  The Supervisor thanked him for his years of service.

APPOINTMENT OF DONALD CLARK AS PLANNING BOARD MEMBER:  Supervisor DeCarlo motioned to approve the appointment of Donald Clark as a member of the Planning Board to fill the vacancy left me Joseph Ostrowski with a term to end December 31, 2026.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

APPOINTMENT OF SHEILA RAUKER AS PLANNING BOARD ALTERNATE:  Supervisor DeCarlo motioned to approve the appointment of Sheila Rauker as Planning Board Alternate with a term end date of December 31, 2024.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

CORRECTION TO PAY RATE FOR CARETAKER ALLEN NOLAN: Supervisor DeCarlo noted an error made during the Organizational meeting regarding the hourly pay rate for the Caretaker.  He then motioned to approve the hourly pay rate for Caretaker Allen Nolan at $26.20 per hour.  Councilwoman Brady seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Brady-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  4 ayes, 0 nays. MOTION CARRIED.

APPOINT AND SET PAY RATE FOR DONALD HEPKINS AS TRAINING OFFICER:  Supervisor DeCarlo motioned to approve the appointment of Donald Hepkins as a training officer at an hourly rate of $28.00 per hour.  Councilman Muffoletto seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilwoman Brady-aye. 4 ayes, 0 nays. MOTION CARRIED.

TOWN BOARD REPORTS:

The Supervisor asked if anyone had anything to report. 

COUNCILWOMAN BRADY:  She spoke with Caretaker Allen Nolan and received a tour to review the Town Buildings and park areas.  She mentioned making notes of areas that need improvement and will set up a priority list.  She will also see what items can be considered for CDBG.

SUPERVISOR DECARLO:  Has been speaking with Senator Gallivan regarding the possibility of obtaining a one hundred- and fifty-thousand-dollar grant in 2025 to improve the Town Hall parking lot lighting and pavement.  He read from a letter from the Senator regarding the possible funding. 

COUNCILMAN MUFFOLETTO: Mentioned the possibility of getting a standby generator for the Town Hall.  It is a slightly used 60,000 kW unit in new condition.  It is a natural gas unit. 

SUPERVISOR DECARLO: Mentioned that an upcoming fiberoptic project which will be fully funded is being considered for Brant area.  The fiberoptic will begin at the Town Hall, proceed to the Fire Hall and continue to the Brant Park area.  Residents along that route will have an option to tap into the high-speed connection.  To start the process, the Town Supervisor must submit a letter supporting the project. 

ELLSWORTH NOLAN: Mentioned that the highway garage and Senior building could also use a generator.  He asked the Supervisor to check with the grant writer to see if she can find funding for them.  Supervisor will speak with the grant writer.

PRIVILEGE OF THE FLOOR:   No one spoke

Meetings & Correspondence: 

• The final February sales tax remittance is in. The current transfer rate is 3.7 % greater than the corresponding 2023 amount. Year-to-date transfers are running 2.18% above last year at this time.

• We received the 4^th quarter Sales Tax Distribution of $161,212.  This puts the sales tax revenue over budget for 2023, an increase over $51,000.
• Supervisor DeCarlo read a letter from Assemblyman DiPietro’s office expressing support for the Town of Brant’s endeavors.  He noted an open door for issues the Town may need assistance with this year. dipietro@nyassembly.gov.

EASTER EGG HUNT:  Councilwoman Marien spoke regarding the Easter Egg hunt.  She declared the event will be held on Sunday March 24^th.  Debra Ritz stated Brian Rott will be donating the same amount as last year.  The amount was noted as $250.00.  Supervisor DeCarlo offered a donation of $250.00.  Frank Broughton offered a donation of $50.00.  Councilwoman Marien is donating $100.00 and Councilman Muffoletto is donating $100.00.  Total donations being offered are $750.00.  It was noted that the event will be held on the Sunday before Easter from now on.

Supervisor DeCarlo read the Abstract (14 of 2023 & 2 of 2024):

ABSTRACT 14 of 2023

*Prepaid and unpaid as of 2/13/24 Total Claims $ 6,499.13

Gen Fund Town wide Vouchers Totaling: $ 3,572.00

Gen Fund – Part Town Voucher Totaling: $ 16.04

Highway T.W. Vouchers Totaling: $ 0

             Street Lighting:  Voucher Totaling:  $ 2,911.09

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

ABSTRACT 2 of 2024

*Prepaid and unpaid as of 2/13/24 Total Claims $ 112,690.51

Gen Fund Town wide Vouchers Totaling: $ 92,338.34

Gen Fund – Part Town Voucher Totaling: $ 8,786.84

Highway T.W. Vouchers Totaling: $ 11,565.33

Street Lighting:  Voucher Totaling:  $ 0

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

FIRST PAYROLL 2024 (2 pay periods):

General Town Wide Payroll 12/31/23-1/27/24 – Totaling $ 55,902.77

General Part Town Payroll 12/31/23-1/27/24 Totaling:  $ 1,242.10

Highway Payroll TW 12/31/23-1/27/24 Totaling:  $ 14,339.65

Highway Payroll PT 12/31/23-1/27/24 Totaling:  $ 0

Supervisor DeCarlo motioned to approve Abstract 14 of 2023 and Abstract 2 of 2024, seconded by Councilwoman Marien. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Councilwoman . 4 ayes, 0 nays.  MOTION CARRIED.

Supervisor DeCarlo announced the next regular Town Board meeting has been postponed from March 12^th to  Tuesday March 19, 2024 at 7:00 PM.

At 8:05 pm, Supervisor DeCarlo motioned to adjourn the meeting in memory of Leonard Pero; Phillip Whelan, Jacquelyn (Joy) Dippert; Bryan Richards, Joyce Ellis; Joseph Castle and Mrs. Pinker and Jayson High, seconded by Councilman MUFFOLETTO.  4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara J Daniel

Brant Town Clerk