9-18-18 Regular Town Board Minutes


This Regular Meeting of the Brant Town Board was held on Tuesday, September 18, 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

Donna Marien Councilwoman

Michael Muffoletto Councilman

William Trask, Sr. Town Attorney

Barbara J. Daniel Recording Secretary

 

ALSO PRESENT / SIGNED IN WERE:

 

Lynda Ostrowski Deputy Town Clerk

Chad Kaczmarek Town Justice

Patty Friend Town Historian

Janice Ross Highway Secretary

Donald Hepkins Chief of Police

Tracy Kaczmarek Secretary to Supervisor

Joyce Ellis BOAR Member

Phil Pericak Resident

Alex Kujawinski Resident

Janet Bowman Assessor’s Clerk

Brian Rott Resident

Sandra Harwood Resident

Penny Boismenu Resident

Alden Harwood Resident

Don Dabrowski Resident

Denny Kane Resident

Julie Duffett Resident

Jack Trippe Resident

Gary Brecker Code Enforcement Officer

Debra Ritz Resident

Michael Boismenu Resident - Lotus Bay

 

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

 

MINUTE APPROVAL AUGUST 14, 2018 REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes of the August 14, 2018 Regular Town Board meeting. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

 

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

 

BUDGET MODIFICATION #1 of 2018 was read by Supervisor DeCarlo:

 

TO:

Mark J. DeCarlo, Supervisor

 

July 9, 2018

      

FROM:

Richard A. Gryksa MBA, Town Accountant

 

CORRECTED

     

8/10/2018

SUBJECT:

Budget Modification #2 as of:

May 30, 2018

 
      
 

Please make a resolution at the regular Town Board meeting on Tuesday July 10th 2018 to approve the

 

following Budget Modification(s) to the 2018 Adopted Budget for the following Fund(s):

 
      

Budget

Dec From/

Fund Account

Amount

Modification

(Inc) To

Code

Description

Object

Over Budget

General Fund Townwide (A)

$ 75.00

(DR) Increase

A3021

Court Facilities (JACAP) Grant

Revenue

 

$ (75.00)

(CR) Increase

A1110.42

Muni Court - Grants

Contr Expend

$ 75.00

.

     

$ 1,300.00

(DR) Decrease

A1990.4

Contingent Account

Pers Serv

 

$ (1,300.00)

(CR) Increase

A1620.2

Buildings & Grounds

EQ & Cap Out

$ 1,300.00

 

Bud Mod to facilitate purchase of 2006 Dump Truck from Highway Townwide Deparment

 

 

APPROVAL OF BUDGET MOD #2 OF 2018: Councilman Muffoletto motioned to approve Budget modification #2 of 2018 as presented above, seconded by Councilwoman Marien. A roll call vote was taken: Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilman Clark-aye, Supervisor DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

 

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

 

COURT CLERK’S AUGUST 2018 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilman Clark motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for August, and was seconded by Supervisor DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

 

CODE ENFORCEMENT OFFICER’S AUGUST 2018 REPORT: Code Enforcement Officer Brecker read the August report. Question from Alden Harwood – Who determines if a violation has been occurred? COE stated he understood there was going to be a court case so he was not able to comment. Councilman Clark asked about the Weitsman property. COE stated there is a court case but everything has been taken care of.

Councilman Clark motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

DOG CONTROL OFFICER’S AUGUST 2018 REPORT: The Dog Control Officer read the August report. Supervisor DeCarlo motioned to approve the August report, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTIONED CARRIED.

 

POLICE REPORT AUGUST 2018: The August 2018 Police Report was presented by Police Chief Donald Hepkins. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

 

HIGHWAY SUPERINTENDENT’S AUGUST REPORT: The Highway Report for August 2018 was presented by Councilman Clark. Councilman Muffoletto motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barbara Daniel presented her activity report for August 2018.

She requested to use Town Clerk’s contractual budget to purchase a lap top to be used for digitizing the court records. Cost should be $800 to $900. This lap top will be used by the courts only. Councilman Muffoletto made a motion to approve the purchase of a lap top up to #1000.00, seconded by Councilwoman Marien. A roll call vote was taken: Councilman Muffoletto-aye, Councilwoman Marien-aye, Councilman Clark-aye, Supervisor DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo made a motion to accept the Town Clerk’s Activity report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

PLANNING BOARD REPORT: No meeting held.

 

ZONING BOARD OF APPEALS REPORT: No meeting held.

 

RECREATION DIRECTOR’S REPORT: Councilman Muffoletto stated that recreation is now over.

 

PARKS COMMISSIONERS’ REPORT: Councilman Muffoletto said the pool is being winterized. Councilman Clark questioned the RTV on the Parks inventory report submitted by Allen Nolan. It was questioned if the board received an inventory report from the Highway. Janice Ross stated that one had not been done as yet. The board said it is required for the September meeting. Janice will have one put together.

 

TOWN HISTORIAN’S REPORT: The Town Historian’s August Report was read by Town Historian Patty Friend. She mentioned that the historical society received a “Best in Theme” award. Supervisor DeCarlo motioned to accept the reports as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTIONED CARRIED.

 

FIRE COMPANY REPORTS: Councilman Clark read the fire reports from the Brant Fire Company. There was no report from Farnham. No paper copy was available. He stated that the Brant Softball Team came in seconded place. North Collins won. Supervisor DeCarlo motioned to accept the report as given, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

 

SENIORS REPORT: Seniors Secretary Lynda Ostrowski read the report from the September meeting. The Christmas Party will be held on December 9th at The Colony. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

OLD BUSINESS

 

Dog Kennel Grant: This was discussed earlier. Waiting on more information regarding the grant.

 

Budget Process Outline: The forms have been given to all the department heads. They need to be turned in by September 20th.

 

Street Lights: The Supervisor is still working on the street lights and will be contacting the Farnham Mayor. Councilwoman Marien asked if a tally on the streetlights that were out so that any LED changes made can be started with them.

 

Budget Workshop: Supervisor DeCarlo made a motion to hold a budget workshop on Monday, October 15th at 6:30pm, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

NEW BUSINESS

 

Re-appointment to Board of Assessment Review: Super visor DeCarlo motioned to reappoint James Hooge to the Board of Assessment and Review for a 5 year term running from October 1, 2018 to September 30, 2023. The motioned was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

 

Speed reduction survey letters to residents: A letter has been written that will be going to residents on Mileblock, Hammond, Hardpan, Lotus Point, Versailles Plank & Cain. The Supervisor has received complaints regarding speeding on these roads. Resident feedback is requested.

 

Public Hearing for CDBG Grant: Supervisor DeCarlo read the public hearing notice. The hearing will be held on October 9, 2018 at 7:30 pm. Supervisor DeCarlo made the motion to accept the date of the hearing, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

 

Repair List for Highway Department: Supervisor DeCarlo read the repair list for the Highway Department. Man door at the Highway Garage. Lean to post over the fuel tanks. Work has been started on the posts. No vote was taken.

 

 

TOWN BOARD REPORTS:

 

Councilman Muffoletto: Stated that he is still being questioned on Lake Shore Youth Football and what they pay for. He got together with Chad Kaczmarek and obtained a copy of their insurance and the electric bills they pay. He noted that they pay for the electric for the field lights and concession stand which is now owned by the Town. The receipts are available for anyone interested.

 

Councilwoman Marien: She has no report but stated that she is glad to see the park is being used.

 

Supervisor DeCarlo: Spoke with Grant Writer Connie Miner regarding the Senior Building and redoing the bathroom to be ADA acceptable. Also, redoing the kitchen area.

He also stated that he is working with Evans Bank to consolidate some of the Town’s bank accounts.

 

RECOGNIZED PRIVILEGE OF THE FLOOR:

 

  1. Harwood from Lotus Bay, asked the Town Board what the procedure is in determining if a code violation has been committed. Supervisor DeCarlo said that the Code Enforcement Officer is the one to make that determination and take such action. The Code officer stated he is not going to answer his question because of litigation that has begun. Mr. Harwood asked what litigation he was talking about. The Supervisor said that at this time we do not have a law suit but it has been stated by some that there will be one. Mr. Harwood also asked when they can expect to have a decision regarding this issue. The Supervisor stated they are working on it but if they are not happy with waiting, the courts can be addressed. Mr. Harwood has also stated that Mr. Brecker has not been in contact with any of their people.

 

Jim Trippi from Lotus Bay stated that he wants the board to be sure that they realize there are two sides to this and they want their side heard as well.

 

Penny Boismenu from Lotus Bay stated that Mr. Brecker said he will grandfather in the rentals. She said no place has been rented out in the past 20 years. They want the code to be enforced. She stated rentals less than 30 days would be more like a hotel and that transients are renting these homes. Councilwoman Marien asked how many police calls have been made regarding these issues, since that would allow them to gauge the level of problem.

Julie Duffet from Lotus Bay stated that if there is an issue with a neighbor, they go to the neighbor to discuss it. They don’t go to the Town Board or Code Enforcement Officer. She also stated that in the 11 years they have lived at their house, there have always been renters.

 

Mike Muffoletto read a letter from Ryan & Bethany Bushnell who live on Lakeshore Rd. They said they received a petition regarding short-term rentals. They wanted to express their concerns regarding this. They feel the letter threatens their rights as home owners. We have considered renting our property as additional income. We feel these renters would help benefit the town.

 

Supervisor DeCarlo then read Abstract 9:

 

Abstract 9 of 2018

*Prepaid and unpaid as of 9/18/18 Total Claims $137,842.09

 

Gen Fund Town wide Vouchers Totaling: $49,010.94

Gen Fund – Part Town Voucher Totaling: $53,939.09 (includes Farnham Ambulance pmt $46,113)

Highway T.W. Vouchers Totaling: $19,078.60

Highway P.T. Vouchers, Totaling: $2,323.65

Fire Protection: Vouchers: Totaling: $0

Street Lighting: Voucher Totaling: $2,185.81

H Capital Projects: Vouchers Totaling: $0

Lotus Bay Sewer Dist. 1: Vouchers: $0

Brant Farnham Sewer Dist 2: Vouchers Totaling: $

Brant Water Dist 1: Voucher: Totaling $

 

PAYROLL (2 pay periods):

 

General Town Wide Payroll 7/22/18 – TO 9/1/18 Totaling $98,906.01

General Part Town Payroll 7/22/18 – TO 9/1/18 Totaling: $1,017.90

Highway Payroll TW 7/22/18 – TO 9/1/18 Totaling: $0

Highway Payroll PT 7/22/18 – TO 9/1/18 Totaling: $10,689.03

 

Supervisor DeCarlo motioned to approve Abstract 9 of 2018, 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.

 

Next meeting will be October 9, 2018 at 7:00 PM.

 

At 7:52 pm, Supervisor DeCarlo motioned to adjourn the meeting in memory of Jean Brunelli, seconded by everyone. 4 ayes, 0 nays. MOTION CARRIED.

 

Respectfully submitted by,

 

Barbara Daniel

Brant Town Clerk