MINUTES OF THE FEB 13, 2018 MEETING

PDF 
 
 
 

This Regular Meeting of the Brant Town Board was held on Tuesday, February 13, 2018 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
 

Present were:

Mark DeCarlo                    Supervisor

Donald Clark                       Councilman

Michael Muffoletto        Councilman

Donna Marien                   Councilman

Barbara Daniel                  Town Clerk, Recording Secretary

William J Trask, Sr.           Town Attorney

 

ALSO PRESENT / SIGNED IN WERE:

 

Brian Rott                            Resident

Debra Ritz                           Resident

Phil Pericak                         Resident

Donald Dabrowski           Resident

Kim Peck                              Senator Chris Jacob’s Representative

Patty Friend                       Town Historian

Joyce Ellis                            Resident

Chad Kaczmarek               Town Justice

Janice Ross                         Secretary to the Highway Superintendant

Neil Ross                              Resident (NCVT)

Donald Hepkins                               Chief of Police

Allen Nolan                         Building Superintendant

Joseph Giambrone          Highway Superintendant
James George                   Resident

 

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

 

MINUTE APPROVAL January 9, 2018 REGULAR TOWN BOARD MEETING:     Councilman Muffoletto motioned to accept the minutes of the January 9, 2018 Regular Town Board meeting.  Councilman Clark seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.
 

SUPERVISOR’S December 2017 FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Muffoletto to accept the Supervisor’s December 2017 Financial Report as presented.   4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S December 2017 FINANCIAL REPORT: Councilman Muffoletto motioned to accept the Town Clerk’s December 2017 Regular Financial Report, seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S December 2017 FINANCIAL REPORTS FOR JUSTICE GIER, REGULAR AND BAIL ACCOUNTS: Councilman Muffoletto motioned to approve both accounts for Justice Gier: bail and regular financial reports, was seconded by Councilwoman Marien.  4 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S JANUARY REPORT:  CEO Gary Brecker presented his report for January 2018.  He advised the Board that he attended three days of training.  A short discussion on the appearance tickets issued.  Councilman Clark motioned to approve the report as read, and was seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S JANUARY 2018 REPORT:  The January 2018 dog reports were presented by DCO Barb Daniel.  Councilman DeCarlo motioned to approve the reports as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT JANUARY 2018: The January 2018 police report was presented by Police Chief Donald Hepkins.  He advised the Board that the new plate reader is working great.  He noted that if an officer uses the vehicle that has the reader, they must have it on at all times.  Councilman Clark motioned to accept the report as read, seconded by Supervisor DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

At 7:15 pm, Supervisor DeCarlo motioned to open the public hearing, seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

 

The Town Clerk read the Legal Notice:

 

LEGAL NOTICE

TOWN OF BRANT

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN that a public hearing will be held at the Brant Town Hall, 1272 Brant North-Collins Rd, Brant, New York on Tuesday the 13th day of February 2018 at 7:15 pm local time to consider adoption of Proposed Local Law #1-2018, entitled “A Local Law Extending the Eligibility Period for the Cold War Veterans Exemption under Town of Brant Local Law No. 1 of 2009.”

 

Copies of the proposed local law are available for review in the office of the Town Clerk, 1272 Brant-North Collins Road, Brant, New York during normal business hours.  All interested parties will be given an opportunity to be heard.

 

Dated January 29, 2018

 

By order of the

Brant Town Board

Barbara J. Daniel, Brant Town Clerk

Discussion: Resident and retired Senior Chief of the US Navy Neil Ross stated his support of extending the Cold War Veteran exemption law.  He explained that he was very active in the Cold War and witnessed the hard work and risks they had taken during the cold war and he felt they deserved the exemption.

No further discussion

Supervisor DeCarlo motioned to close the public hearing at 7:18 PM, seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

VOTE ON LOCAL LAW #1-2018: Supervisor DeCarlo then read the proposed local law #1-2018:

 

TOWN OF BRANT

PROPOSED LOCAL LAW No. 1 – 2018

A Local Law Extending the Eligibility Period for the

Cold War Veterans Exemption under Town of Brant Local Law No. 1 of 2009

 

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF BRANT AS FOLLOWS:

 

  1. Pursuant to recent amendments to Section 458-b of the Real Property Tax Law of the State of New York, the Cold War Veterans Exemption authorized by Town of Brant Local Law No. 1 of the Year 2009 shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners without regard to the ten (10) year limitation set forth in the original authorizing provisions of Section 458-b of the Real Property Tax Law of the State of New York.

 

2.         This law shall take effect immediately upon filing with the Office of the Secretary of                                                                      

            State as provided in Section 27 of the Municipal Home Rule Law.

 

Supervisor DeCarlo motioned to adopt the local law #1-2018 “A Local Law Extending the Eligibility Period for the Cold War Veterans Exemption under Town of Brant Local Law No. 1 of 2009.”  Councilman Muffoletto seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilwoman Marien-aye.  4 ayes, 0 nays.  MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S JANUARY REPORT:  The Highway Report for January was presented by Councilman Clark.      Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR JANUARY: The Town Clerk’s monthly activity report for January was presented by the Town Clerk.  Supervisor DeCarlo then motioned to approve the Town Clerk’s report as read, and was seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

BANK TRANSFER QUESTION FROM TOWN BOARD: The Board wanted to confirm that no more online bank transfers can be done with the Town’s Savings account.  The Town Clerk advised that because the number of transfers exceeded the allowable number of occurrences, the IRS now requires that all transfers be made in person. 

PLANNING BOARD REPORT:  The Planning Board report for January was presented by Councilman Clark.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: No meeting was held in January.

 

RECREATION DIRECTOR’S REPORT: No report presented.

 

PARKS COMMISSIONER’S REPORT:  Councilman Clark asked the Parks Commissioner Allan Nolan where the Gator was parked.  Nolan responded that it is parked in the Police Garage.  Councilman Clark then asked if we have an inventory.  Nolan responded that the inventory was given to the Board in September.

 

Councilman Muffoletto noted that the Parks Commissioner’s report was available if anyone wishes to read it.  He did not read the report as it was lengthy. 

TOWN HISTORIAN REPORT:  Town Historian Patty Friend presented the January report.  It was noted that the next meeting was held on Wednesday January 17, 2018 and she was the only one present.  She then noted that she received a lot of donations from Lenny Pero’s office.  Supervisor DeCarlo motioned to approve the report as presented, and was seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo congratulated Patty on being named Citizen of the Year by Brant Chamber of Commerce. 

FIRE DEPARTMENT REPORTS:  Councilman Clark noted that he attended the Brant Volunteer Installation dinner and acknowledged Councilwoman Marien’s attendance at the event.  Supervisor DeCarlo motioned to approve the report as presented by Councilman Clark.  He was seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

SENIOR’S REPORT:  The Senior’s MEETING FOR January was cancelled due to bad weather. 

 

ACKNOWLEDGEMENT OF VISITOR’S, INVITED GUESTS AND PRESENTERS: Supervisor DeCarlo addressed visitors. 

Resident James George complained of trucks using Jake Brakes.  He is asking the Board to look into putting up signs.  Supervisor DeCarlo will look into it.

Resident Don Dabrowski of Lotus Bay Road advised the Town Board of another Lotus Bay now being used as a rental on AirBnB.  He also thanked the Brant police for taking care of an injured deer that hit their fence and was suffering.  He then apologized to Attorney Trask for interrupting him at the last meeting.

Resident Neil Ross of Versailles Plank Road asked why Brant is never in the Buffalo News anymore.

Senator Jacob’s representative Kim Peck reminded the Board that she will be at the Town Hall on the fourth Wednesdays of each month from 9:30 am to 11:30 am.  Councilman Clark asked her if she could look into what can be done about potholes.  Councilman Muffoletto asked if she could get more information on the Bridge/Culvert repair grants being offered.  She will look into it.

 

Executive session:

At 7:43 PM, Supervisor DeCarlo motioned to enter executive session for personnel reasons, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

At 8:25 PM, Supervisor DeCarlo motioned to close the executive session, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS

Supervisor DeCarlo will have the figures for the new Town Insurance policy at the March Town Board meeting.

Supervisor DeCarlo advised the Town Board that he signed the contract with the Grant Writer Connie Miner per Board approval at the Organizational meeting.

 

NEW BUSINESS

SWIPE CARD ESTIMATE: Supervisor DeCarlo advised the Town Board that he is looking at getting an estimate for 4 new swipe units.  This action is table until the March meeting.  The Supervisor will provide copies of the estimates to the board members.

REPAIR ESTIMATE FOR 1995 I.H. TRUCK: The estimate to repair the Turbo on the ’95 International Dump Truck is at $3,173.20 for parts, and $890.00 for labor.  Discussion on what budget item to fund repair.  Supervisor DeCarlo responded the highway budget.  He then mentioned that with the funding that came in from CHIPS, the Highway will finish the year $9,000 under budget.  Supervisor DeCarlo then motioned to approve the repair through P.D. Mechanical up to $4,200.00.  Councilman Muffoletto seconded the motion.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilwoman Marien-aye.  4 ayes, 0 nays.  MOTION CARRIED.

CONGRATULATIONS TO THREE TOWN RESIDENTS RECOGNIZED BY BRANT FARNHAM CHAMBER OF COMMERCE: The Town Board acknowledged three Town residents who have received the following recognition:

 

  • Patricia Friend: 2017 Citizen of the Year
  • Linda Giancarlo: Lifetime Achievement Award
  • Chiavetta’s Catering: Business of the Year Award

NYS ARCHIVES APPLICATIONSUBMITTED JANUARY 16, 2018: Supervisor DeCarlo noted that a grant application has been submitted to NYS Archives to digitize criminal and civil records for Brant Court.  Supervisor DeCarlo will make sure no Board approval will be required.

Councilman Clark will look into the status of the speed limit reduction on Milestrip Rd.

2018 STOP DWI CONTRACT: Supervisor DeCarlo requested authorization to sign the annual agreement for STOP DWI.  Supervisor DeCarlo motioned to authorize the Supervisor to sign the 2018 DWI Contract, and was seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

 

COMMITTEE REPORTS: Nothing to report.

 

TOWN BOARD REPORTS:

 

Councilman Muffoletto: Spoke with Joe Giambrone about putting the Chevy dump truck up for sale.  Attorney Trask then advised the Board to list the dump truck as surplus, and authorize the advertisement for bids.  Councilman Clark then motioned to list the Chevy Dump Truck as surplus and place an ad for bids.  Councilman Clark seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.

 

Attorney Trask addressed the Highway Clerk Janice Ross.  He advised that the Town Clerk would probably have a sample advertisement from a previous request for bids of highway equipment.  He advised her to pick a bid opening date to be the Friday before the next board meeting.

 

Councilman Clark: Nothing to report.

Councilwoman Marien: working on the 2017/2018 census.  Attended the Fireman’s Installation for Brant and Farnham.  Attended Training in Rochester.

Supervisor DeCarlo:  Attended the Fireman’s Installation dinner and congratulated Jim George for being elected President of the Farnham Fire Department and Ellsworth Nolan for being elected Chief.  Noted that he received a phone call from the Elma Supervisor regarding the Association of Towns is honoring the 20 founding Towns and would like the Town of Brant to send a representative.  He noted that he had a conflict but would check with the Board to see if anyone would attend to represent the Town.  Justice Chad Kaczmarek, who was in the audience suggested sending Lenny Pero.  The Supervisor answered it was a good idea. He told him to talk to Lenny to see if he would go.  He then noted they will send correspondence acknowledging the event.

 

RECOGNIZED PRIVILEGE OF THE FLOOR:

 

Janice Ross of Versailles Plank asked if the Town could put a peddler’s permit in place.  She stated that when peddlers show up at the door, there is no recourse to call the police because a permit is not required.

 

Don Dabrowski of Lotus Bay Road asked if Tish Brady and Paul Cesana, who are on the Town’s Planning and Zoning Boards permitted to sit in on the Planning Board’s review of the AirBnB issue.  The Board noted that they can sit in, but they cannot participate or vote on the topic.  He then stated that Paul Cesana gae the planning board some paperwork during the meeting.  He asked if he could get a copy of that paperwork.  Supervisor DeCarlo asked him to leave his contact information so that he could get in touch with him.  Mr. Dabrowski then asked what if a wedding is held at the Lotus Bay Estate AirBnB location and they serve alcohol.  He is concerned it will cause them to lose their road insurance.  The Board responded that there are questions as to the identity of the home which advertised hosting weddings.  The home owner in question denies it is their home.

 

Donald Hepkins, Chief of Police: Chief Hepkins stated he spoke with Councilman Muffoletto advising that they took the  2011 Crown Victoria police car off the road.  He would like to the Board to name it as surplus so that he can list it on Auctions International for bids.  Supervisor DeCarlo motioned to name the 2011 Crown Victoria as surplus and authorize the Chief to list it on Auctions International.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.

 

MEETINGS AND CORRESPONDENCE:

  • Letter from Joseph Furlano requesting reduced speed limit on Brant Reservation road.   Councilman Clark will ask about this portion of road when he calls about Milestrip Rd.
  • Notice received from NYS Dept of Environment Conservation regarding the Clean Water Infrastruction Act of 2017.  A copy of the letter will be given to Councilman Muffoletto.
  • Dog Control inspection reports presented
  • Rural Transit Services funding assistance through Erie County Consortium Community Development Block Grant approved in the amount of $270,000.
  • Town of Brant Senior building restroom expansion project was not approved.
  • Request from Dutchess County Executive to adopt the “Think Differently” initiative
  • NYS DOT is soliciting candidate projects for funding under the Bridge NY program.  Grant Writer Connie Miner would like to know if interested by February 12.  Councilman Muffoletto to spearhead the application.  Supervisor DeCarlo will set up a meeting.
  • Received the signed Franchise Renewal Agreement for Charter Communications
  • Letter from Association of Towns of NY regarding new program “New York Municipal Energy Program”.
  • Invitation to CDBG Rural Transit Service Advisory Board, Thursday February 22, 2018 at 10 am. 
  • Deadline is approaching for the “Hometown Hero” naming of a road or bridge to honor a local war hero.

 

BUDGET MODIFICATION APPROVAL: Councilman DeCarlo presented the following Budget Modification #10 as of year end:

This budget modification is available for viewing at the end of these minutes as an addendum.

Supervisor DeCarlo motioned to approve the Budget Mod #10 of year end as presented, and was seconded by Councilman Muffoletto.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilwoman Marien-aye.  4 ayes, 0 nays.  MOTION CARRIED.

 

APPROVAL OF ABSTRACT 2 of 2018:

 

Supervisor DeCarlo read the abstract:

 

Abstract 2 of 2018

*Prepaid and unpaid as of 2/13/18 Total Claims $87,382.79

 

Gen Fund Town wide Vouchers Totaling: $54,049.85

Gen Fund – Part Town Voucher Totaling: $11,134.87

Highway T.W. Vouchers Totaling: $18,717.58

Highway P.T. Vouchers, Totaling:  $518.50

Fire Protection:  Vouchers:  Totaling: $0

Street Lighting:  Voucher Totaling:  $2,961.99

H Capital Projects:  Vouchers Totaling:  $0

Lotus Bay Sewer Dist. 1:  Vouchers:  $0

Brant Farnham Sewer Dist:  Vouchers Totaling:  $0

Brant Water Dist 1:  Voucher:  Totaling

 Special Grant Fund:  Totaling: $0

 

PAYROLL (3 payrolls):

 

General Town Wide Payroll 12/24/17 TO 2/3/18 – Totaling $66,760.91

General Part Town Payroll   12/24/17 TO 2/3/18 Totaling:  $1,017.90

Highway Payroll TW 12/24/17 TO 2/3/18 Totaling:  $18,211.53

Highway Payroll PT 12/24/17 TO 2/3/18 Totaling:  $0

 

Supervisor DeCarlo motioned to approve Abstract 2 of 2018, seconded by Councilman Clark.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

The next Town Board meeting will be Tuesday, March 13th at 7:00 pm.

 

At 8:57 PM, a moment of silence was held for Kathy Bodkin and George Johengen who recently passed away.

Following the moment of silence, Supervisor DeCarlo motioned to adjourn, seconded by the balance of the board.  4 ayes, 0 nays.  MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk

View Budget Mod #10 of year end here:     http://www.brantny.com/PostingPDF/3302132018.pdf