MINUTES OF THE MARCH 13, 2018 TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, March 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                   Councilwoman

Barbara Daniel                  Town Clerk, Recording Secretary

William J Trask, Sr.           Town Attorney

 

ALSO PRESENT / SIGNED IN WERE:

 

Brian Rott                            Resident

Debra Ritz                           Resident

Alex Kujawinski                 Resident

Lynda Ostrowski               Secretary to the Boards

Joseph Ostrowski             Planning Board Chairman

Janet Bowman                  Assessor’s Clerk

Tracy Kaczmarek              Supervisor’s Secretary

Joseph DeCarlo                 Assessor

Ronald Kobel                     Resident

Donald Dabrowski           Resident

Chad Kaczmarek               Town Justice

Janice Ross                         Secretary to the Highway Superintendent

Allen Nolan                         Building Superintendent

Nick Burbige                       Bldgs & Grounds

Ellsworth Nolan                                Resident and DPW to Farnham

Thomas Bowman             Resident & Owner of the Pro Shop

Joseph Giambrone          Highway Superintendent
James George                   Resident

 

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

 

MINUTE APPROVAL February 13, 2018 REGULAR TOWN BOARD MEETING:  Councilman Clark motioned to accept the minutes of the February 13, 2018 Regular Town Board meeting.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.
 

SUPERVISOR’S January 2018 FINANCIAL REPORT: Councilman Muffoletto moved and was seconded by Councilman Marien to accept the Supervisor’s January 2018 Financial Report as presented.   4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S January 2018 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s January 2018 Regular Financial Report, seconded by Supervisor DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S January 2018 FINANCIAL REPORTS FOR JUSTICE Gier’s and Kaczmarek’s REGULAR AND BAIL ACCOUNTS: Councilman Clark motioned to approve both accounts for Justices Gier and Kaczmarek, bail and regular financial reports for January, and was seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S FEBRUARY REPORT:  CEO Gary Brecker was not present.  The CEO’s report for January was tabled until the March meeting

DOG CONTROL OFFICER’S FEBRUARY 2018 REPORT:  The February 2018 Dog Report was presented by DCO Barb Daniel.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT FEBRUARY 2018: The February 2018 Police Report was presented by Councilman Clark.  Councilman Clark motioned to accept the report as read, seconded by Supervisor DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S FEBRUARY REPORT:  The Highway Report for February 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’S REPORT TO THE BOARD: Town Clerk Barbara Daniel presented her activity report for February 2018.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT:  The Planning Board report for February was presented by Secretary Lynda Ostrowski.  The result of the Planning Board’s review of short-term transient rentals was presented to the Town Board.  Chairman Ostrowski also advised the Town Board to consider regulating rental properties which would require licensing and inspections.  The suggestion was tabled until the Board could review.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Clark.  4 ayes, 0 nays. MOTION CARRIED.

FIRE COMPANY REPORTS: Councilman Clark noted seven calls through Brant, which included downed lines.  He mentioned the Chicken Barbeque which sold out.  Councilwoman Marien mentioned Farnham had 13 first aid calls, 4 fire calls and 4 fire and first aid drills.   The Board did not vote to approve the reports.

SENIORS REPORT:  The Seniors meeting for February was presented by Secretary Lynda Ostrowski.  Supervisor DeCarlo motioned to accept the report as read, and was seconded by Councilman Muffoletto.  4 ayes, 0 nays. MOTION CARRIED.

 

At 7:20 PM, Supervisor DeCarlo motioned to enter executive session for personnel issues, seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

 

At 8:30 PM, Supervisor DeCarlo motioned to close the executive session, seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

 

OLD BUSINESS

 

SWIPE CARD PROPOSAL: Tabled.

 

PLANNING BOARD APPOINTMENT CORRECTIONS: Councilman Muffoletto motioned to appoint Carol Brodie as Planning Board member and Jason Peters as Alternate member, and to remove Ryan Bushnell as Alternate member.  Councilman Clark seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

NEW BUSINESS:

 

CABINET REPLACEMENT FOR SR. COMMUNITY BLDG: Building Superintendant Allen Nolan obtained quotes.  This item was tabled to allow the Board to review the quotes.  Supervisor DeCarlo will look into available grants.

 

COURT AUDIT COMPLETE:  Supervisor DeCarlo noted the Court audit is complete and satisfactory, and will be to the state.

RESULTS OF SEALED TRUCK BIDS: It was noted the highest bid for the Highway truck was $1,257.00.  At this time Supervisor DeCarlo motioned to reject the bids received noting they were unacceptable.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

 

TOWN TO PURCHASE SURPLUS TRUCK FROM HIGHWAY: Supervisor DeCarlo motioned to allow the Town to purchase the surplus 2006 dump truck from the Highway Department for $1,300.00.  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.

COMMITTEE REPORTS: Nothing to report.

 

TOWN BOARD REPORTS:

 

Councilman Clark: Requests Town residents in the Lake Shore School District to sign a petition online to help his daughter to bring about a district-wide outdoor recess program throughout Lake Shore Elementary School.  He noted that a petition is being circulated online and he asks that everyone sign the petition.  The recess program would allow elementary students to enjoy a twenty minute outdoor recess when the temperatures are above 32 degrees.

 

Councilman Muffoletto:  Nothing to report.  He then held up the multiple page report from the Parks Commissioner noting it is available for anyone wishing to review it.

Councilwoman Marien: Worked with Lynda Ostrowski on the Concert in the Park.  Attended the March 7th Senior meeting.  Noted that the Seniors have advised her they would like to be under the rec building overhang.  Spoke with Ellsworth about the Town’s portion of a bill.

Supervisor DeCarlo: Nothing to report.

RECOGNIZED PRIVILEGE OF THE FLOOR:

 

Don Dabrowski of Lotus Bay Road stated he felt the Planning Board’s decision is flawed.  He quoted the Town’s “Conflict of Interest” policy listed in the Board of Ethics law and noted that the Planning Board may have voted differently if the person utilizing AirBnB short term rentals was not present at the meeting, since she is on the Planning Board.  He also noted that there was no one at the meeting that spoke of anything negative resulting from their research on the topic.  He added that research usually covers the good and bad.  Supervisor DeCarlo responded that they will take his comment under advisement and added that the Planning Board is only an advisory Board.  Councilman Muffoletto responded that this subject is not final with the Planning Board’s advice.  They will be looking further into it.  Mr. Dabrowski asked that the Town hold allow all the residents of Lotus Bay to come and speak and come to a solution.

MEETINGS AND CORRESPONDENCE:

  • Erie County Sales tax payment is up 12.73% year to date above last year.

 

BUDGET MODIFICATION APPROVAL: Councilman DeCarlo presented the following Budget Modification:

SUBJECT:

Budget Modification #11 as of  YEAR END

December 31, 2017

      
 

Please make a resolution at the regular Town Board meeting on Tuesday March 13,  2018 to approve

 

the following additional Year End  Budget Modifications to the 2017 Adopted Budget for the following Funds:

      

Budget

Dec From/

Fund Account

Amount

Modification

(Inc) To

Code

Description

Object

Over Budget

General Fund - Townwide (A)

 $     2,500.00

(DR) Decrease

A1990.4

Contingent Account

Contr Expend

 

 $    (2,500.00)

(CR) Increase

A1910.4

Unallocated Insurance

Contr Expend

 $                     -  

 

The above budget modification was caused by a Voucher coded in error as a direct expense to the Continget

 

Account.  Expenses should not be charged directly to the Contingent Account.

 
      

 $     5,500.00

(DR) Decrease

A4320

Federal Aid Crime Control

Revenue

 

 $    (5,500.00)

(CR) Increase

A3120.21

Police  (Grants)

Equip & Cap Out

 $                     -  

 

The above modification is to increase the 2017 Estimated Revenue and Appropriations  for two police car

 

laptop computers to be reimbursed by a Federal Grant administered through Erie County.

      

 $     5,000.00

(DR) Decrease

A1110.22

Mun Court (Grants)

Equip & Cap Out

 

       2,750.00

(DR) Decrease

A3120.41

Police (Grants)

Contr Expend

 

       3,500.00

(DR) Decrease

A3315.1

STOP DWI (Police PLP)

Pers Serv

 

       2,000.00

(DR) Decrease

A3315.11

STOP DWI (Police Contractual)

Pers Serv

 

       1,172.00

(DR) Decrease

A7110.2

Parks

Equip & Cap Out

 

 $   14,422.00

(CR) Increase

A3120.21

Police  (Grants)

Equip & Cap Out

 $         19,922.00

 

The above modification is to correct YE Budget Modification #10 which over drew the Budget for

 

Acct A3120.21.

    

 

Supervisor DeCarlo motioned to approve the Budget Mod #11 as presented, and was seconded by Councilman Clark.  A roll call vote was taken: Supervisor DeCarlo-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye.  4 ayes, 0 nays.  MOTION CARRIED.

PLAQUE RECEIVED IN RECOGNITION OF FOUNDING TOWNS FOR ASSOCIATION:   Supervisor DeCarlo read a letter from the Association of Towns.  The letter acknowledged the Town’s inability to attend the presentation of award at the recent conference to recognize the Town of Brant as being one of the Town’s which founded the Association.  The letter accompanied a plaque honoring the Town.

 

APPROVAL OF ABSTRACT 3 of 2018:

Supervisor DeCarlo read the abstract:

Abstract 3 of 2018

*Prepaid and unpaid as of 3/13/18 Total Claims $67,960.37

 

Gen Fund Town wide Vouchers Totaling: $43,447.49 (includes $23,600 Court grant *)

Gen Fund – Part Town Vouchers Totaling: $9,023.83

Highway T.W. Vouchers Totaling: $12,437.54

Highway P.T. Vouchers Totaling: $405.16

Fire Protection:  Vouchers:  Totaling: $0

Street Lighting:  Voucher Totaling:  $2,586.35

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 $60.00

   *Special Grant Fund Totaling: $23,600.20 (From Gen Fund A)*

 

PAYROLL (2 payrolls):

 

General Town Wide Payroll 2/4/18 TO 3/3/18 – Totaling: $44,951.78

General Part Town Payroll 2/4/18 TO 3/3/18 – Totaling: $678.60

Highway Payroll TW 2/4/18 TO 3/3/18 – Totaling: $9,714.91

Highway Payroll PT 2/4/18 TO 3/3/18 – Totaling: $0

 

Councilman Clark motioned to approve Abstract 3 of 2018, seconded by Councilman Muffoletto.  A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye, Supervisor DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

Councilman Clark commended the great job on the Court Grant for the camera installation.

Donna Marien then proposed the Town to begin housing Town stray dogs at Jamco Kennels during inclement weather for up to 5 days.  After the 5 days, the DCO may then rehome them.  The question on cost was brought up, and the Board asked who would pay for the kennel time.  The DCO noted the redeeming owner would have to pay.  She also noted that if the dog goes unredeemed, the Town would have to pay.  Attorney  Trask asked if money had been budgeted to do this.  Supervisor DeCarlo stated it will be addressed in the next budget.  DCO stated there should not be too many instances where we will need Jamco.  Councilwoman Marien will work on the agreement with Jamco.  The topic will be addressed in Old Business at the April meeting.

The next Town Board meeting will be Tuesday, April 10th at 7:00 pm.

At 8:53 PM, a moment of silence was held for Phyllis Muscato, Eugene Bauer and Marilyn Thomas who recently passed away.  Following the moment of silence, Supervisor DeCarlo motioned to adjourn in their memory, seconded by the balance of the board.  4 ayes, 0 nays.  MEETING ADJOURNED.

Respectfully submitted by,

 

Barbara Daniel
Brant Town Clerk