This Regular Meeting of the Brant Town Board was held on Tuesday, November 14, 2017 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
 

Present were:

Chad Kaczmarek Councilman/Acting Supervisor

Michael Muffoletto Councilman

Mark DeCarlo Councilman

Barbara Daniel Town Clerk, Recording Secretary

William J Trask, Sr. Town Attorney

Absent was:

Leonard Pero Supervisor

Donald Clark Councilman

ALSO PRESENT / SIGNED IN WERE:

Debra Ritz Resident

Brian Rott Resident

Alex Kujawinski Resident

Donald Dabrowski Resident

Joe Ostrowski Planning Board Chairman

Lynda Ostrowski Planning Board Secretary

Janet Bowman Assessor’s clerk

Donald Hepkins Chief of Police

Donna Marien Resident

Patty Friend Town Historian

Angela Joy Deputy Clerk/Supervisor’s Secretary

Jason Oliver Resident

Janice Ross Highway Secretary

Penny Boismenu Resident

Michael Boismenu Resident

James George Resident

Frank Broughton ZBA Chairman

Joyce Ellis Resident

Josephine Kern Resident

Nick Kirkwood Patrolman, Brant

Cal Paskar Visitor

THERE WERE 3 ILLEGIBLE SIGN-INS

The meeting opened at 7:00 PM with the pledge of allegiance.

Councilman Chad Kaczmarek explained that he will be the acting as Deputy Supervisor for this meeting with the absence of Supervisor Pero. He reminded those present that the Board must break at 8:00 for the Preliminary Budget Public Hearing and again at 8:00 for the Cable Franchise public hearing.

MINUTE APPROVAL October 10, 2017 REGULAR TOWN BOARD MEETING: Councilman Muffoletto motioned to accept the minutes the October 10, 2017 Regular Town Board meeting. Councilman DeCarlo seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
 

BUDGET MODIFICATION APPROVAL: Councilman Kaczmarek presented the following budget modification #7 of 2017:

Councilman Muffoletto motioned to approve budget modification #7 of 2017 as presented, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, 3 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S/TAX COLLECTOR’S SEPTEMBER 2017 FINANCIAL REPORT: Councilman Kaczmarek motioned to accept the Town Clerk’s September 2017 Regular Financial Report, seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S SEPTEMBER 2017 FINANCIAL REPORTS FOR JUSTICE GIER, REGULAR AND BAIL ACCOUNTS: Councilman DeCarlo motioned to approve both accounts for Justice Gier, bail and regular financial reports, was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S OCTOBER REPORT: CEO Gary Brecker presented his report for October. Councilman DeCarlo then motioned to approve the Code Enforcement Officer’s report for October. Councilman Muffoletto seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S SEPTEMBER 2017 REPORT: The September dog report was presented by DCO Barbara Daniel. She asks the Board to allow her to table her October report until December. Councilman Muffoletto motioned to approve the report as read, seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S OCTOBER REPORT: Deputy Supervisor Kaczmarek read the Highway report for October. Councilman DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR OCTOBER: The Town Clerk’s monthly activity report for October was presented by the Town Clerk. Councilman Muffoletto then motioned to approve the Town Clerk’s report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: No meeting was held in October

PLANNING BOARD REPORT: Board Secretary Lynda Ostrowski presented the Planning Board report for the meeting held on November 8. Deputy Supervisor Kaczmarek motioned to accept the report as read, and was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.

APPROVAL OF NEW BUILDING PERMIT AND ZONING VARIANCE APPLICATIONS: Secretary Ostrowski also requested the Board approve the new application for a building permit. Attorney Trask stated that since one of the applications is applicable to the Zoning Board, he suggested the Board give time for the Zoning Board Chairman to review them. Ostrowski responded that the Chairman has been kept in the loop during the creation of the forms. ZBA Chairman Frank Broughton agreed to allow the Board to approve them for now while he discusses with the Town Attorney about making sure the applications for variance show the different requirements for the different types of variance, such as area or use. Attorney Trask then advised the Chairman to create an addendum to attach to the forms to make it complete.

At this time Councilman DeCarlo motioned to approve the use of the new building permit application and zoning variance application, seconded by Councilman Muffoletto. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Muffoletto-aye, Deputy Supervisor Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.

ZBA Chairman Broughton stated for the record that the Zoning Board is the party responsible for providing the forms for variances so he would like to address this at a later date.

PARKS COMMISSIONER’S REPORT: Deputy Supervisor Kaczmarek held up the multiple page September and October report from the Parks Commissioner Allen Nolan. He noted that anyone wishing to view the report is welcome to do so. Deputy Supervisor Kaczmarek motioned to approve the reports, and was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.

TOWN HISTORIAN REPORT: Town Historian Patty Friend presented her report for October. Deputy Supervisor Kaczmarek motioned to approve the report as presented, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: No report received.

Attorney Trask then asked Mr. Meyerhoffer if he would be able to provide the additional language in the Franchise Agreement that would allow possibility of periodic opportunity to review possible extension to service within the Town. Mark Meyerhoffer stated that he had not heard back from the Supervisor of Spectrum regarding the request. Attorney Trask then noted that the Town Board wishes to have the language in the Agreement. He also noted that he forwarded the non-disclosure agreement to the Town Board members with his comments. At this time, the approval of the Franchise Agreement was tabled until the December meeting.

OLD BUSINESS:

$2,500 MEMBER ITEM GRANT: Deputy Supervisor Kaczmarek stated this item has already been taken care of.

EMPLOYEE HANDBOOK UPDATES NEEDED: Deputy Supervisor Kaczmarek stated there is no language for the policy at this time. Councilman DeCarlo stated to table until December meeting and he will look into it.

STEEL MAN DOOR FOR HIGHWAY GARAGE: Councilman Muffoletto stated he told Allen to install the man steel man door at the highway garage.

NEW BUSINESS:

EXTENSION ON BESTWAY DISPOSAL CONTRACT APPROVAL:

Deputy Supervisor Chad Kaczmarek addressed the Town Board regarding the soon to expire Refuse contract with Bestway Disposal. The optional term extensions approved in the original contract adopted November 10, 2015 allowed for the Town Board and Village of Farnham to extend the agreement for an additional two years. Discussion began regarding the option to extend the agreement.

At this time, Councilman Muffoletto motioned to approve a one year extension of the contract with Bestway Disposal for the removal of solid waste and recycling at the current 2017 rate. The extension would expire on December 31, 2018. Councilman DeCarlo seconded the motion.

A roll call vote was taken:

Councilman Muffoletto Aye

Councilman DeCarlo Aye

Deputy Supervisor Kaczmarek Aye 3 ayes, 0 nays. MOTION CARRIED.

SPONSORSHIP OF NICHOLAS KIRKWOOD FOR PHASE 2 POLICE ACADEMY: Deputy Supervisor Kaczmarek presented a request for the Board to approve the sponsorship of Nicholas Kirkwood into the Phase 2 Academy and approve his appointment as Part-time Patrolman. His starting pay will be the current starting pay for the position of part-time patrolman at the time of appointment. At the completion of his six-month probationary period, he shall receive a 25 cent increase in his hourly pay. Deputy Supervisor Kaczmarek then motioned to approve the sponsorship and appointment, seconded by Councilman DeCarlo. A roll call vote was taken: Deputy Supervisor Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Muffoletto-aye. 3 ayes, 0 nays. MOTION CARRIED.

DECLARATION OF OLD DESKS AS SURPLUS: Deputy Supervisor Kaczmarek motioned to declare several desks as surplus, seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

Attorney Trask then stated that the town must seek sealed bids for the surplus desks. An ad will be placed in the Pennysaver advising the public of that the Town is seeking sealed bids. If no bids are received, then the desks are available to those who make the best offer. Any metal desks not taken may be scrapped.

COMMITTEE REPORTS:

Summerfest: Summerfest meeting was 2 weeks ago.

TOWN BOARD REPORTS:

Councilman Kaczmarek: Football had the playoff last week. 650 cars fit in the lot.

Councilman Clark: Absent

Councilman DeCarlo: Nothing to report

Councilman Muffoletto: Notified the Town Board that he found 2 steel cabinets for the highway on Auctions International. He personally paid for them, and drove to pick them up. The Town clerk then noted that the Councilman paid sales tax on the purchase because he did not submit the tax exempt paperwork. She is seeking Board approval at this time to produce a separate check to reimburse him for the sales tax in the amount of $28.13. At this time the request was unable to be approved because Councilman Muffoletto was unable to vote on the approval. This item will be tabled until December’s meeting.

PRIVILEDGE OF THE FLOOR: Deputy Kaczmarek asked if anyone present would like to speak.

Donald Dabrowski of Lotus Bay spoke regarding the AirBnB. He presented the Town Board with a petition containing 22 signatures of lake area residents who are against the use of residential homes as short-term rentals. The signed petition states that “Lodging” is referenced as C-2 Commercial Activity and should be therefore disallowed in residential zones. He is concerned about these Commercial Establishments increasing their liability on their privately insured road.

Penny Boismenu of Lotus Bay Estate asked if anyone had been able to reach Grand Island to confirm their law #9 as being adopted. Councilman DeCarlo noted that he had not been able to reach anyone. She then confirmed her own research that Grand Island had filed the law with the Department of State October 15, 2015. She also noted that New York State law says that Tourist Homes are a commercial use. She then presented the Town Board with multiple printouts wherein she alleges that the Lotus Bay Estate home is listed as the “Mansion on the Lake” claiming it is being used as a venue for large weddings, corporate retreats and other events. She alleges they have a staff to run the events, provide shuttle buses, etc. The Town Attorney took note of the items she presented.

At this time, Deputy Supervisor Kaczmarek stated it was time to break for the public hearing for the 2018 Budget:

The Town Clerk read the legal notice:

LEGAL NOTICE

TOWN OF BRANT

NOTICE OF HEARING ON THE PRELIMINARY BUDGET

FOR THE YEAR 2018

Notice is hereby given that the Preliminary Budget for the fiscal year beginning January 1, 2018 and the required Tax Exemption Impact Report will be in the Office of the Brant Town Clerk where it is available for inspection by any interested person during regular business hours and can be found online at www.brantny.com.

PUBLIC HEARING for the Preliminary Budget will be held at the Brant Town Hall, 1272 Brant North Collins Rd, Brant, NY at 8:00 PM on TUESDAY THE 14^th day of NOVEMBER 2017.

And at such hearing, any person may be heard in favor or against any item therein contained.

Further notice is given pursuant to Section 108 of the Town Law the proposed salaries of the following Town Offices are hereby specified as follows:

Supervisor $20,363.00

Councilman (4)x each $4,872.75

Town Clerk/Tax Collector $30,004.00

Superintendent of Highways $31,967.00

DATED: October 31, 2017

BY ORDER OF THE

BRANT TOWN BOARD

Barbara J Daniel

Brant Town Clerk

AT 8:02 pm, Deputy Supervisor Kaczmarek motioned to open the public hearing, and was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.

Councilman DeCarlo then spoke of the budget changes being proposed to be inserted into the already published Preliminary Budget posted. The changes proposed are:

• Increase A1320.41 (Independent audit) to be increased from zero to $8,000.00
• To offset the above increase, a decrease of $5,000 to be implemented to the Contingent account A1990.4
• Increase of $5,500 to appropriated fund balance

Resident Joseph Ostrowski asked how the changes will reflect in the budget increase or decrease. It was noted that the changes would result in a 1.969% increase to the budget. This would translate into a per thousand tax amount going from $7.16 per thousand to $7.36 per thousand. The increase will amount to $20.00 for a $100,000.00 home.

Resident Donna Marien asked if the wage increases are flat across the board. The Board responded that the increase was not given to the Court Clerk’s because their increase last year was made with the agreement that no further raises would be given for the next few years. Their increase last year was to keep up with the amounts paid by other towns in the area for the position. Donna then asked if there was an increase in any other benefit they are getting. The board answered no. She asked if that included the Highway. The board responded yes.

Resident Debra Ritz asked if there is any money being put aside for a building. Councilman DeCarlo stated there is a budget item that would be available when the time comes to act on it. She then asked where the Town equipment is now stored. The Board responded that is being stored at Clark Borngraber’s place, which is under Allen Nolan’s care. It was noted that a conflict with the highway department prevents the Town from storing the equipment there.

Debra then asked if the groups (cheerleading, tumbling, wrestling) that are using the recreation building are reimbursing the Town for the utilities, in exchange for using the building as noted in an earlier agreement. Deputy Supervisor Kaczmarek responded that Lake Shore pays for all the electric for the Field lights, concession stand, and the gazebo at the top of the hill. He is willing to provide the statements if she would like to see them.

When discussion ended, at 8:11 PM, Deputy Supervisor Kaczmarek motioned to close the public hearing, seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.

PRIVILEGE OF THE FLOOR (Cont’d):

Resident Penny Boismenu continued to address the Board regarding the Lotus Bay Estate resident who she claims is running a commercial lodging business out of her residentially zoned home. She reiterated that she not against the long term leasing of the home. She explained she is against short term rentals. She further explained that the Code Officer defined lodging as a commercial operation at the November meeting last year.

Resident Donna Marien thanked the police department for their presence on Halloween.

CORRESPONDENCE:

• Sales Tax is 1.87% higher than the corresponding 2016 payment. Year to date is 2.64% above last year’s year-to-date.
• Letter from Assemblyman DiPietro’s office regarding the naming of roads and bridges after local wartime heroes. Deadline for town submissions is March 2018.
• Letter from Community Concern requesting $2,000 funding (up from 2017 funding of $1,000)
• Paperwork was received with passwords and access information for the Town to report weather related closings.
• Letter from Lotus Bay residents Alden and Sandra Harwood:

Brant Town Council

Brant Town Hall

1272 Brant Rd

Brant NY 14027

Gentlemen:

We are writing to express our dismay over the operation of short-term rentals in our community on Lotus Bay Private Road. All the nearly thirty properties, whose sole access is that road, are zoned Seasonal Residential; no commercial activity (other than home-office) is permitted, yet there are currently two properties advertising nightly rentals through Airbnb, an online accommodation agency.

This isn't just a room-for-rent; it's a whole-house rental, where the owners are absent. This is a clear violation of both the spirit and the letter of the zoning ordinances. The owners have thereby converted their residences into commercial enterprises to which their customers must all travel, and have turned an un-permitted accessory use into the primary use for the entire properties, in violation of zoning restrictions.

To make matters worse, one of the properties is owned by none other than sitting members of the Town Planning Board and the Zoning Board of Appeals, people who should have a grasp of purpose of the rules they make others live by. Their property is being advertised online as a wedding and party venue with capacity for "100+" people.

These owners have gone over the top with their opportunistic grab for tax-free cash by turning their properties into revenue-generating enterprises without showing any regard for their neighbors or the community in general. Notwithstanding the noise and confusion a new crop of daily guests will create, the fact that they all will have to use our privately-owned and privately-maintained road, without even considering that a new troupe of guests arriving and departing possibly every day contributes to road wear and tear and is a definite safety hazard to us residents who must use the road to walk to the beach.

Please recall that in the past, zoning was used to deny an auto-repair facility and a beauty shop on this road.

Councillors, you will be hearing much and often from the residents of Lotus Bay Private Road on this unless and until you instruct the Code Enforcement Officer to enforce the existing zoning ordinance and put an end to the abuse that is being imposed upon us.

Sincerely, Alden Harwood & Sandra Harwood

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PUBLIC HEARING REGARDING PROPOSED TAX CAP LAW #3-2017

The Town Clerk the notice of Public hearing:

LEGAL NOTICE
TOWN OF BRANT,
NEW YORK
NOTICE OF PUBLIC HEARING - 1.84% TAX CAP LAW

Pursuant to resolution of the Town Board of the Town of Brant, New York, notice is hereby given that a public hearing will be held by the Brant Town Board in the Brant Town Hall, 1272 Brant North Collins Road, Brant, New York on Tuesday, the 14th day of November, 2017 at 8:30 PM Local Time, for the purpose of considering Proposed Local Law No. 3-2017 which if approved would authorize the Town of Brant to exceed the tax levy limit established by General Municipal Law Section 3-C of the 2018 budget year.

Copies of the proposed local law are available in the office of the Town Clerk. All interested parties will be given the opportunity to be heard.

Dated November 1, 2017

By Order of the Brant Town Board

Barbara J Daniel
Brant Town Clerk

At 8:30 PM, Deputy Supervisor Kaczmarek motioned to open the public hearing, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

The Board acknowledged that it will not be necessary to adopt the proposed local law #3 of 2017 because it will not be exceeding the tax cap. The audience was asked there was any comment. No one spoke.

At this time, Deputy Supervisor Kaczmarek motioned to closed the public hearing, seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

ADOPTION OF THE 2018 BUDGET:

Councilman DeCarlo motioned to adopt the 2018 budget with the following discussed changes:

• Increase A1320.41 (Independent audit) to be increased from zero to $8,000.00
• To offset the above increase, a decrease of $5,000 to be implemented to the Contingent account A1990.4
• Increase of $5,500 of less appropriated fund balance

Councilman Muffoletto seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Muffoletto-aye, Deputy Supervisor Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.

APPROVAL OF ABSTRACT 11:

Deputy Supervisor Kaczmarek read the abstract:

Abstract 11 of 2017

*Prepaid and unpaid as of 11/14/17 Total Claims $61,278.30

Gen Fund Town wide Vouchers Totaling: $29,761.90

Gen Fund – Part Town Voucher Totaling: $10,065.79

Highway T.W. Vouchers Totaling: $7,825.28

Highway P.T. Vouchers, Totaling: $179.38

Fire Protection: Vouchers: Totaling:

Street Lighting: Voucher Totaling: $2,445.95

H Capital Projects: Vouchers Totaling: $0

Lotus Bay Sewer Dist. 1: Vouchers: $0

Brant Farnham Sewer Dist: Vouchers Totaling: $11,000.00

Brant Water Dist 1: Voucher: Totaling

Special Grant Fund: Totaling: $0

PAYROLL (2 payrolls):

General Town Wide Payroll 10/01/17 to 10/28/17 – Totaling $44,392.17

General Part Town Payroll 10/01/17 to 10/28/17 Totaling: $665.28

Highway Payroll TW 10/01/17 to 10/28/17 Totaling: $8,795.29

Highway Payroll PT 10/01/17 to 10/28/17 Totaling: $0

Councilman Muffoletto motioned to approve Abstract 11, seconded by Deputy Supervisor Kaczmarek. A roll call vote was taken: Councilman Muffoletto-aye, Deputy Supervisor Kaczmarek-aye, Councilman DeCarlo-aye. 3 ayes, 0 nays. MOTION CARRIED.

The next Town Board meeting will be December 12, 2017 at 7:00 PM.

At 8:35 PM, Deputy Supervisor Kaczmarek asked for a moment of silence for the recently deceased Caitlin Burbige, Linda Joy, Berth Notaro and Tony Quagliana. Councilman Muffoletto seconded the motion. 3 ayes, 0 nays. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk