MINUTES OF THE MARCH 12, 2019 TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, March 12, 2019 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

Present were:

Mark DeCarlo Supervisor

Michael Muffoletto Councilman

Donna Marien Councilwoman

Janice Ross Councilwoman

Williams J. Trask, Sr. Town Attorney

Barbara Daniel Recording Secretary

 

ABSENT: Donald Clark - Councilman

 

ALSO PRESENT / SIGNED IN WERE:

 

Joseph Ostrowski Planning Board Chairman

Lynda Ostrowski Deputy Town Clerk

Joseph Giambrone Highway Superintendent

Debra Ritz Resident

Brian Rott Resident

Janet Bowman Assessor’s Clerk

Joyce Ellis Resident

Kathy Nerger Visitor

Linda Giancarlo Resident/Brant festival chairman

Joe Giancarlo Resident/Brant Festival Committee member

Mark Trask Highway Secretary

Angela Joy Court Clerk

Tammy Czyz Court Clerk

Mike Graci Resident
 

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

 

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS: None were present

 

MINUTE APPROVAL FEBRUARY 12TH TOWN BOARD MEETING: Councilman Muffoletto motioned to accept the minutes of the February 12, 2019 Regular Town Board meeting. Councilwoman Ross seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo noted that March 25th, 2019 will be the Town of Brant’s 180th birthday.

 

SUPERVISOR’S JANUARY 2019 FINANCIAL REPORT: Councilman Muffoletto moved and was seconded by Councilwoman Marien to accept the Supervisor’s January 2019 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

 

BUDGET MODIFICATION: None

 

TOWN CLERK/TAX COLLECTOR’S JANUARY 2019 FINANCIAL REPORT: Councilwoman Ross motioned to approve the January 2019 Town Clerk’s Regular Financial Report. Councilwoman Marien seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S JANUARY 2019 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilman Muffoletto motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for January 2019, and was seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

CODE ENFORCEMENT OFFICER’S FEBRUARY 2019 REPORT: Code Officer Gary Brecker presented his February 2019 report. He noted that the 2018 Building permit log has been given to the Assessor’s office. Supervisor DeCarlo motioned to approve the February 2019 Code Officer’s report, seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

 

The Code Enforcement Officer was asked to remain at the meeting to participate in an executive session.

 

DOG CONTROL OFFICER’S FEBRUARY 2019 REPORT: The February 2019 Dog Control Officer’s report was presented by Dog Control office Barbara Daniel. It was noted that the NYS Ag & Market inspection of the kennel has not been done. Supervisor DeCarlo motioned to approve the report as read, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

 

POLICE REPORT FOR FEBRUARY 2019: The February 2019 Police Report was read by Supervisor DeCarlo who then motioned to approve the report, and was seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

HIGHWAY SUPERINTENDENT’S FEBRUARY REPORT: The Highway Report for February 2019 was presented by Councilman Muffoletto. Supervisor DeCarlo asked the Highway Superintendent what happened to the current plow on the one-ton truck that it had to be repaired. The superintendent explained that the new plow is bent, and the parts from the old plow that was damaged when a semi truck hit him were removed and used to repair the current plow. The superintendent explained that the new one that he was caught scrapping at the junk yard is from the plow that was damaged by the semi. The Town Board instructed him not to scrap anything without Board approval, and they instructed him to put the parts back on the plow that had been cannibalized. Councilman Muffoletto motioned to approve the report as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

TOWN CLERK’S REPORT TO THE BOARD: The Town Clerk presented her monthly activity report. It was noted that after review of the court records with Judge Kaczmarek, it was estimated that approximately one-half of the records have been prepped for scanning. She advised the Board that the clerk she is ready to hire for scanning has a background check that was conducted by the college where she works. The clerk suggested the Brant police do an updated check. At this time she asked for approval pending the background check. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

PLANNING BOARD REPORT: Secretary to the Planning Board Lynda Ostrowski presented the report for the March 5, 2019 Planning Board meeting. Councilman Muffoletto motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

PLANNING BOARD REQUEST: The planning board is requesting direction from the Town Board with respect to the Code Enforcement Officer’s request that they create a Peddler Application. Councilwoman Ross asked if there are any No Peddling signs. Supervisor DeCarlo noted one on the corner of Mile Block and Cain. Supervisor DeCarlo then motioned to direct the Planning Board to draft an application for Peddler’s, and to advise the placement of signs. Councilwoman Ross seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

 

Code Officer Gary Brecker advised the Town Board that the Town’s code for a Peddler’s permit application requires finger printing. He also noted that upon speaking with Brant Police, they would be willing to fingerprint applicants.

 

ZONING BOARD OF APPEALS REPORT: No meeting held.

RECREATION DIRECTOR’S REPORT: Councilman Muffoletto stated they are planning on putting a committee together.

 

PARKS COMMISSIONERS’ REPORT: Supervisor DeCarlo noted that Building Superintendent Allen Nolan’s report was available for anyone wishing to read it. No vote was taken.

 

TOWN HISTORIAN’S REPORT: The Town Historian’s Patty Friend was not present. The Report will be tabled until the April meeting.

 

FIRE COMPANY REPORTS: Councilman Clark was absent therefore the report is tabled until the April meeting.

 

SENIORS JANUARY REPORT: Secretary to the Seniors Lynda Ostrowski presented the minutes of the March 6th meeting. Councilwoman Ross motioned to approve the report, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

 

At 7:21 PM, Councilman Muffoletto motioned to enter executive session with Code Officer Gary Brecker, and was seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED

 

At 8:12 PM, Supervisor DeCarlo motioned to close the executive session, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

OLD BUSINESS

 

2019 RECREATION FEES: The fees for the Recreation program are tabled until the April Town Board meeting.

 

UPDATE ON SPEED LIMIT RESOLUTIONS: Supervisor DeCarlo advised that the resolutions for the speed limit reductions in Town have been mailed to Erie County. A study will then be conducted. The Town will be notified of their decision.

 

NEW DATES FOR TOWN BOARD MEETINGS BEGINNING IN APRIL 2019: Supervisor DeCarlo spoke about changing the regular Town Board meetings to the first Thursday of each month. He asked for comments. Councilman Muffoletto responded that it was a good idea stating it seems to be a better day for everyone. Supervisor DeCarlo motioned to approve the rescheduling of regular monthly Town Board meetings from the second Tuesday of each month to the first Thursday of each month starting on April 4th. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

 

NEW BUSINESS

 

APPROVAL TO HIRE TIKA ISAACS AS TEMPORARY SCANNING CLERK FOR RECORDS MANAGEMENT GRANT: The Town Clerk spoke on the qualification of the proposed new scanning clerk who had a thorough FBI and DCJS background check in 2016 and had full clearance from both agencies. Councilwoman Ross asked where the scanning would be conducted. The Town Clerk responded that she wanted the scanner in the prosecutor’s office so that the Town Clerk also has access to keep her other scanning current. Supervisor DeCarlo asked if there will be any records left in the office. The Town Clerk stated she will instruct all clerks that no records are to be left in that office after they are done working at the end of each day. Councilman Muffoletto was concerned about how old her background check is. Supervisor DeCarlo motioned to approve the hiring of Tika Isaacs as temporary scanning clerk at $15.00 per hour, pending an updated, successful background check. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

 

PUBLIC HEARING SET FOR NEW FLOOD PLAIN LAW (PROPOSED LOCAL LAW #2-2019): Supervisor DeCarlo motioned to set a public hearing to review proposed local law #2-2019 (FLOOD DAMAGE PREVENTION) on Thursday April 4th, 2019 at 7:30 PM. Councilwoman Marien seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

 

Supervisor DeCarlo then presented the following Resolution:

 

RESOLUTION OF THE BRANT TOWN BOARD

DECLARING LEAD AGENCY STATUS UNDER SEQR

AND SETTING PUBLIC HEARING

(Proposed Local Law No. 2-2019; Flood Damage Prevention)

 

 

WHEREAS the Town Board of the Town of Brant, Erie County, New York has been notified by New York State Department of Environmental Conservation of the need to enact a new local law to comply with the floodplain management requirements of the National Flood Insurance Program (NFIP) contained in 44 CFR 60.3 (b, c, d & e), in order to not jeopardize community eligibility for benefits under the NFIP, and

 

WHEREAS, in connection therewith, the Town Board seeks to commence proceedings pursuant to the requirements of the State Environmental Review Act (“SEQRA”), 6 NYCRR Part 617,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Brant hereby declares itself as “Lead Agency” for the purposes of compliance with SEQRA, 6 NYCRR Part 617 in connection with this project, and it is further

 

RESOLVED, that the Town Board shall undertake and complete all duties and obligations as “Lead Agency” as required by 6 NYCRR Part 617 and it is further

 

RESOLVED, that a public hearing on such local law is hereby scheduled for April 4, 2019 at 7:30 p.m. at a regular meeting of the Brant Town Board.

 

March 12, 2019

 

Supervisor DeCarlo then motion to approve the resolution as presented, seconded by Councilwoman Marien. 4 ayes, 0 nays. RESOLUTION ADOPTED.

 

TOWN BOARD REPORTS:

 

  1. Marien: Attended a Village of Farnham meeting. They discussed the proposed streetlights.
  1. Graci stated he was going to present something to the Board tonight.

 

Councilman Muffoletto: Looked at the new streetlights. They do not have the normal glow around them. He suggests going with the brighter ones. Supervisor DeCarlo responded perhaps they should hold a meeting with NYSEG.

 

No further reports were presented.

 

PRIVILEGE OF THE FLOOR: Mike Graci from Farnham asked the Town Board to raise the exemption for veterans because right now, with the equalization rate going down, for example, if you own a $100,000 home, you’re entitled as a combat veteran, 25% off your assessment which would be $25,000. But with the equalization rate going down, that same person will only get $15,800 off their assessment. He suggested that under a local law, the limits can be raised.

 

Supervisor DeCarlo responded that the Town Assessor provided the Town Board with the information they will need to review over the next month that will allow them to make a decision.

 

Correspondence:

 

· Sales Tax revenue is up 4.04% above the corresponding payment in 2018, and YTD payment is up 4.04%

 

Supervisor DeCarlo then presented Abstract 3 of 2019

 

Abstract 3 of 2019

*Prepaid and unpaid as of 3/12/19 Total Claims $147,297.32

 

Gen Fund Town wide Vouchers Totaling: $86,020.55

Gen Fund – Part Town Voucher Totaling: $8,955.59

Highway T.W. Vouchers Totaling: $18,620.07

Highway P.T. Vouchers, Totaling: $9,096.96

Fire Protection: Vouchers: Totaling: $0

Street Lighting: Voucher Totaling: $2,604.15

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 02/03/19 – TO 03/02/19 Totaling $50,066.45

General Part Town Payroll 02/03/19 – TO 03/02/19 Totaling: $698.98

Highway Payroll TW 02/03/19 – TO 03/02/19 Totaling: $10,869.20

Highway Payroll PT 02/03/19 – TO 03/02/19 Totaling: $0

Supervisor DeCarlo motioned to approve Abstract 3 of 2019, seconded by Councilwoman Ross. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Ross-aye, Councilman Muffoletto-aye, Councilwoman Marien-aye. 4 ayes, 0 nays. MOTION CARRIED.

Next regular Town Board meeting will be April 4, 2019 at 7:00 PM.

 

At 8:23 PM, Supervisor DeCarlo motioned to adjourn the meeting, and seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

 

Respectfully submitted by,

 

 

Barbara Daniel

Brant Town Clerk