This Regular Meeting of the Brant Town Board was held on Tuesday, November 10, 2020 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

Present were:

Mark DeCarlo Supervisor

Donna Marien Councilwoman

Janice Ross Councilwoman

Linda Giancarlo Councilwoman

Mike Muffoletto Councilman

Barbara J. Daniel Recording Secretary

William Trask Town Attorney

ALSO PRESENT / SIGNED IN WERE:

Patty Friend Town Historian

Joyce Ellis Resident

Lynda Ostrowski Deputy Town Clerk

Joseph Ostrowski Planning Board Chair

Shirley Sager Resident

Cory McCandless OMNI Navitas

Kristen Giancarlo Resident

Joe Giancarlo Resident

Frank Broughton Zoning Board Chair

Don Hepkins Police Chief

Debra Ritz Planning Board Member

Brian Rott Resident

Ellsworth Nolan Highway Super

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

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS:

MINUTE APPROVAL OCTOBER 13, 2020 REGULAR TOWN BOARD MEETING: Councilwoman Giancarlo motioned to accept the minutes of the October 13, 2020 Regular Town Board meeting. Councilwoman Ross seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S SEPTEMBER 2020 FINANCIAL REPORT: Councilman Muffoletto moved and was seconded by Councilwoman Marien to accept the Supervisor’s September’s 2020 Financial Report as presented. 5 ayes, 0 nays. MOTION CARRIED.

BUDGET MOD and ADDITIONAL VOUCHERS: None

TOWN CLERK/TAX COLLECTOR’S SEPTEMBER 2020 FINANCIAL REPORT: Supervisor DeCarlo motioned to accept the Town Clerk’s September 2020 Regular Financial Report, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S SEPTEMBER 2020 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilwoman Giancarlo motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for September 2020, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S OCTOBER 2020 REPORT: Code Enforcement Officer Gary Brecker read his October report. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

Councilman Muffoletto questioned the construction work being done at the Lonkey property on Route 20. The CEO stated he issued a building permit, and noted they will have offices and a store at the location.

DOG CONTROL OFFICER’S OCTOBER 2020 REPORT: Report was tabled. DCO Daniel did talk about the progress of the kennel.

POLICE REPORTS FOR OCTOBER 2020: Chief Hepkins read the October 2020 Police Report. The Chief said the extension for renewing Driver’s License and Registration is no longer in place. He also commended Officer Dalton in assisting a motorist from Rochester who was having a diabetic medical issue. A Silver Alert had just been issued for her. Supervisor DeCarlo made a motion to approve the report as read, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT REPORT: Superintendent Ellsworth Nolan read his October report. He thanked Tim Marien for welding the Salt Box. He requested computer printouts of the Highway time clock logins. Councilwoman Giancarlo motioned to approve the report as read, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barb Daniel read her October report. She added that she will now have a cash box for each deputy. Most of the Town Clerk’s are following this procedure. The Town Board was in approval of separate cash drawers. Supervisor DeCarlo made a motion to accept the report as read, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD MINUTES: Councilwoman Ross read the November Planning Board Minutes. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD OF APPEALS REPORT: ZBA Chairman Frank Broughton talked about the new forms that were made over 2 years ago. He said there was no sheet for signatures. He would like these forms updated. He would also like access to the Zoning Web Page so he can make changes. IT Dave Sink will be contacted. Councilwoman Ross asked if Frank will be the admin to the website. Town Clerk Daniel stated that he will not be the admin.

RECREATION DIRECTOR’S REPORT: Nothing to report

PARKS COMMISSIONERS’ REPORT: Nothing to report.

TOWN HISTORIAN’S REPORT: Patty Friend presented her October Historian report to the Board. She said there will not be a meeting until next year. She stated that there is a balance of $2,939.31 in her account. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

FIRE COMPANY REPORTS: No report was given.

SENIORS REPORT: Councilwoman Ross stated that all meetings are cancelled until March 2021.

PUBLIC HEARING:

Public Hearing Proposed Local Law #3-2020 Raising the Tax Cap

Town Clerk read the notice:

TOWN OF BRANT

LEGAL NOTICE OF PUBLIC HEARING (2% tax cap)

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 the 10^th day of November, 2020 at 7:30 PM Local Time, for the purpose of considering Proposed Local Law No. 3-2020 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 2021 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 4, 2020

By Order of the Brant Town Board

Barbara J Daniel

Brant Town Clerk

Supervisor DeCarlo motioned to open the Public Hearing at 7:30pm, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

There were no comments or questions.

Supervisor DeCarlo motioned to close the Public Hearing at 7:33pm, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED. No action was taken.

RECOGNIZED PRIVILEGE OF THE FLOOR:

Cory McCandless from Omni Navitas Holdings, LLC spoke about the Solar Project. For the record, she read aloud an email that she sent to the Town Attorney Trask and Supervisor DeCarlo:

“We here at Omni appreciate all of the due diligence and hard work the Town has put into the review of the Application for the Solar Project thus far on 885 Brant-Farnham Rd. in Brant, NY. We were, however, extremely disappointed at the lack of clarity around the SEQR process as evidenced by the last Town Board meeting on October 13^th, 2020.

The timeline Omni needs to stick to in order for this project to be realized is not set by us, rather they are in response to dwindling NYSERDA incentives. These incentives are applied for by projects that are swiftly getting approved in towns that are amenable to the projects and go through the SEQR process step by step with a clear understanding of what each step entails. Since the Town of Brant has elected for a Positive Declaration, please see below of what a Positive Declaration actually calls for:

1. Lead Agency must prepare and file Positive Declaration, which must identify the potential significant adverse

environmental impacts that require the preparation of an EIS and state when and how scoping will be conducted. No time requirement; Assume 30 calendar days

2. Project Sponsor may initiate scoping and must submit a draft scope to the Lead Agency. The Lead Agency then must provide a copy of the draft scope to all involved agencies. 15 calendar days

3. Lead Agency must provide a final written scope to the Project Sponsor within calendar 60 days of its receipt of a draft scope. If the Lead Agency fails to provide a final written scope with 60 calendar days of its receipt of a draft scope, the Project Sponsor may prepare and submit a draft EIS consistent with the submitted draft scope. 60 calendar days (maximum)

4. Project Sponsor may prepare the draft EIS. 30 calendar days

5. Upon receipt of a submitted draft EIS, the Lead Agency has 45 days to determine whether the document is adequate for public review in terms of scope and content. If the Lead Agency decides that the draft EIS is not adequate, it returns the document to the Project Sponsor with a written identification of the deficiencies. 45 calendar days (maximum)

a. If required, the Lead Agency has 30 days to determine adequacy of a resubmitted draft EIF

6. Lead Agency issues a Notice of Completion of a draft EIS and must also publish the draft EIS on a publicly available website. No time requirement; Assume 30 calendar days

7. Public Comment Period. 30 calendar days (minimum)

8. Lead Agency decides whether to hold a public hearing. If a hearing is to be held, Lead Agency must prepare and file a Notice of Public Hearing. 60 calendar days (maximum)

9. Final EIS is prepared, if deemed necessary. 60 calendar days (maximum)

10. Each involved agency must prepare its own written SEQR findings statement after a final EIS has been filed and before the agency makes a final decision. 30 calendar days (maximum)

With these steps outlined, we assume an EIS could take up to a year to get through. We implore the Town Board, as Lead Agency, to provide Omni an opportunity to thoroughly and willingly re-review potential project impacts in a public hearing setting, prior to them filing and distribution of a Positive Declaration. Let’s keep in mind this project is only using less than 20 acres of land in an area that, while considered Protected and/or Agricultural Farmland, is the Landowner’s choice and desired use of their land and at the moment is only used for haying, a low-value crop and is not tile-drained.

If the Town Board is unwilling to provide this opportunity, we consider it an indication of what could become a long and painful EIS process as evidenced by the timeline above which we assume could take up to a year. The economics of this project would not support such a timeline, nor the costs incurred by such a lengthy, and frankly unnecessary, EIS Review for a Solar Project using less than 15 acres of land. Keep in mind the project is pile driving steel beams for the racking system, and the concrete pads are the only truly impactful feature of the project, the removal of which are included in the Decommissioning Plan at the end of the lifetime of the project (25-35 years).

Please note that the SEQR process does provide for a complete and thorough review of the project. Part I of the EAF is completed by the Applicant, and the Form is reviewed by the Town Board (as the Lead Agency) and any other agencies the Lead Agency wants to circulate to. These agencies are consulted and review the project in depth. After receiving their comments back, the Town Board would review their comments and go through Parts II and III of the EAF. By this point, the application has now been reviewed three times by multiple agencies, so it is our opinion that a thorough review of the application is and will be performed, hence a Positive Declaration is unnecessary since the application has been reviewed in depth by many other agencies other than the Lead Agency and will go through several rounds of review.

Again, we implore the Town Board to reconsider their Resolution of a Positive Declaration of Impact for this project. While we understand the Town has not had a Solar Project application before and want to review the environmental impacts of the project responsibly, it is important to take a hard and reasonable look at how this project is designed and what it actually includes….”

The Supervisor had to interrupt her as it was time to open the Public Hearing. He advised she can continue to speak after the hearing.

PUBLIC HEARING: Preliminary Budget Public Hearing 7:45pm

Town Clerk/Recording Secretary Barbara Daniel read the following legal notice:

LEGAL NOTICE

TOWN OF BRANT

NOTICE OF HEARING ON THE PRELIMINARY BUDGET

FOR THE YEAR 2021

Notice is hereby given that the Preliminary Budget for the fiscal year beginning January 1, 2021 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 7:45 PM on TUESDAY THE 10^th day of NOVEMBER 2020.

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 $20,770.00

Councilman (4) x each $ 4,970.25

Town Clerk/Tax Collector $31,960.00

Superintendent of Highways $33,585.00

DATED: November 3, 2020

BY ORDER OF THE

BRANT TOWN BOARD

Barbara J Daniel

Brant Town Clerk

Supervisor DeCarlo motioned to open the Public Hearing at 7:45 PM, seconded by The Board. 5 ayes, 0 nays. MOTION CARRIED.

The Supervisor sought questions or concerns from the Town Board. No one spoke. He noted no increase in taxes. He then addressed the public for comments or concerns. No one spoke.

Supervisor DeCarlo motioned to close the Public Hearing at 7:47 PM, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

OPEN EXECUTIVE SESSION: Supervisor DeCarlo motioned to go to Executive Session for contractual reason at 7:48pm, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

CLOSE EXECUTIVE SESSION: The Town Board returned from executive session and Supervisor DeCarlo motioned to close the Executive Session at 8:18 pm, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

SET PUBLIC HEARING, FIRE PROTECTION CONTRACTS: Supervisor DeCarlo asked for a motion to schedule a Public Hearing for December 8, 2020 at 7:30pm for the Fire Protection and Ambulance Contracts. Councilman Muffoletto motioned, seconded by Councilwomen Giancarlo and Marien. 5 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo said he received a notice from the County that the Town will be receiving a reimbursement for some COVID related expenses from the Cares Act $14,318.06. We also received money from Auctions International in the amount of $15,482.50. He also said that most of Erie County is now in the Yellow Zone for COVID but Brant is not listed.

We have 2 invoices from Joseph Builders. The one invoice of $20,000 is for the work that has already been done. We have been reimbursed from the County in the Grant. There is another invoice for $16,350 items added in after the bid. This will be part of our matching funds. Councilwoman Ross read the list of items. The projected completion target date is Thanksgiving.

Supervisor DeCarlo motioned to approve the payment of $20,000 from the contractual, and $16,350 as the matching funds, seconded by Councilman Muffoletto and Councilwoman Ross. Roll call vote was taken: Supervisor DeCarlo -aye, Councilman Muffoletto aye, Councilwoman Ross -aye, Councilwoman Giancarlo -aye, Councilwoman Marien -aye. 5 ayes, 0 nays. MOTION CARRIED.

The Supervisor said we will have money to add some things. We will be buying new tables and chairs. Councilwoman Ross suggested to paint the outside. Supervisor DeCarlo stated he will get a quote from Joseph Builders for siding. Councilwoman Marien suggested putting a sign out front. If anyone has any suggestions, please let the Supervisor know.

NEW BUSINESS

TOWN BOARD REPORTS:

Councilwoman Marien:

Councilman Muffoletto: He reported that the Brant Fire Dept. has cancelled the annual Spaghetti Dinner

Councilwoman Giancarlo stated that she will be heading up the Town’s NYS Police Reform Program, as required by the Governor. She has asked the Town Clerk to place an article in the papers asking the Brant and Farnham Residents to send their concerns, complements or ideas in to the Supervisor regarding our local police department and its policies. Deadline for letters is November 30. There will later be 2 meetings held. One in December and one in January.

Councilwoman Ross: No report

Supervisor DeCarlo: No report

RECOGNIZED PRIVILEGE OF THE FLOOR:

Frank Broughton asked if the tattered flags can be replaced. He also asked if the issue with the flag pole at the Veterans Park has been taken care of.

Councilwoman Ross mentioned that tomorrow is Veteran’s Day and Farnham will be holding their annual service at 11am at the park. There will be no refreshments following the service. Councilwoman Giancarlo acknowledged all veterans, and asked those present to do the same.

MEETINGS & CORRESPONDENCE:

The first November Sales Tax remittance is in. Current transfer is 6.82% below the corresponding 2019 amount. Year-to-date transfers are running 3.96% below last year at this time.

ADOPTION OF 2021 BUDGET: Supervisor DeCarlo motioned to ADOPT the 2021 Budget, seconded by Councilwoman Ross. A roll-call was taken: Supervisor DeCarlo -aye, Councilwoman Ross -aye, Councilwoman Giancarlo -aye, Councilman Muffoletto -aye, Councilwoman Marien -aye. 5 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo read the abstract.

ABSTRACT 11 of 2020

*Prepaid and unpaid as of 11/10/20 Total Claims $82,479.88

Gen Fund Town wide Vouchers Totaling: $28,879.26

Gen Fund – Part Town Voucher Totaling: $17,788.26

Highway T.W. Vouchers Totaling: $12,493.17

Highway P.T. Vouchers, Totaling: $4,477.23

Fire Protection: Vouchers: Totaling: $0

Street Lighting: Voucher Totaling: $5,200.70 (called NG, Oct pmt. not rec’d till 10/26)

H Capital Projects: Vouchers Totaling: $

Lotus Bay Sewer Dist. 1: Vouchers: $10,250.00

Brant Farnham Sewer Dist: Vouchers: Totaling:

Brant Water Dist 1 (SS2&SW): – Totaling $

CD Special Grant Fund: Totaling: $3,391.26

PAYROLL (2 payrolls):

General Town Wide Payroll 09/27/20 TO 10/24/20 – Totaling $51,656.27

General Part Town Payroll 09/27/20 TO 10/24/20 Totaling: $712.96

Highway Payroll TW 09/27/20 TO 10/24/20 Totaling: $0

Highway Payroll PT 09/27/20 TO 10/24/20 Totaling: $7,496.41

Supervisor DeCarlo motioned to approve Abstract 11 of 2020, seconded by Councilwoman Marien. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto -aye, Councilwoman Ross-aye. 5 ayes, 0 nays. MOTION CARRIED.

CORY McCANDLESS (Cont’d): Cory McCandless continued her talk. She said she just spoke to Attorney Trask regarding the declaration issued at the last Town Board’s Meeting. She implored the Town Board to draft a resolution to rescind the positive declaration. She asked the Board if that is possible, if it isn’t possible, realistically, if they cannot rescind it, this would cause undue hardship for this project to continue because they would not be able to receive the incentives they applied for, so they would not be able to continue with this project.

Councilwoman Giancarlo said she thinks it’s the Boards responsibility to protect our farmland so she feels they should not rescind the positive declaration.

Cory responded: This is the choice of the owners. This is their land and their choice of what to do with it.

Councilwoman Marien said that this is the first applicant to approach this and the Board needs to do this right.

Cory said that this project is very sensitive to timelines and to the market and the chance that Brant would be overrun with Solar Farms is very slim due to the size of properties. She said that when they looked at Brant for doing this project, there were only 2 properties they sent mailers to. She said she understands that the Board wants to protect the people of the town but they want to honor the wishes of the land owners.

Councilman Muffoletto asked if there is a list of the restrictions and what they will lose if the timeline isn’t followed.

Cory said there is a list on the NYSERDA website. She continued to point out that her company has had approvals of 30 plus projects in the surrounding towns including Collins, Machias and Otto and not one of the projects required a positive declaration. This project is under 15 acres of development. She said they would be happy to have an independent engineer look over the documents.

Supervisor DeCarlo said that the engineers have experience with solar farms and he will contact them and if a meeting is required, he will call one. He asked to have a few days to contact everyone.

Councilman Muffoletto said that they aren’t against this project, they want to make sure they do this properly.

Debra Ritz asked if the positive declaration that was voted on at the last meeting doesn’t have all the paperwork completed doesn’t it makes sense to hold off on the positive declaration until discussions take place and a decision has been made.

Supervisor DeCarlo stated they will hold off on the Positive Declaration until they have had a chance to speak with the engineers and board members and instructed Ms. McCandless to contact him Friday morning.

Attorney Trask asked to clarify with Cory about the positive declaration. He told Cory that she wants to rescind the positive declaration but before the board could be in a position to do that, they would want the input from the engineers. So, the next step would be for CPL to be engaged as project engineer and review the proceedings to date. McCandless requested the amount of the fees in order to reimburse the Town. Supervisor stated he will get the amounts for her.

Next Town Board meeting will be held on Tuesday, December 8, 2020 at 7:00 PM.

At 8:02 pm Supervisor DeCarlo motioned to adjourn the meeting in the memory of Robert Saar, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,
 

Barbara Daniel

Brant Town Clerk