This Regular Meeting of the Brant Town Board was held on Tuesday, January 12, 2021 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

ALSO PRESENT / SIGNED IN WERE:

Seraphino Giancarlo Resident

Patty Friend Town Historian

Lynda Ostrowski Deputy Town Clerk

Joseph Ostrowski Planning Board Chair

Debra Ritz Planning Board Member

Brian Rott Resident

Daryl Novoa Highway

Cory McCandless OMNI Navitas

Ellsworth Nolan Highway Super

Don Hepkins Police Chief

Tracy Kaczmarek Supervisor Secretary

The meeting opened at 7:00 PM.

THE MEETING OPENED WITH A PLEDGE TO THE FLAG

MINUTE APPROVAL DECEMBER 8, 2020 REGULAR TOWN BOARD MEETING: Councilwoman Giancarlo motioned to accept the minutes of the December 8, 2020 Regular Town Board meeting. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S NOVEMBER 2020 FINANCIAL REPORT: Tabled until next meeting.

BUDGET MODS: None

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

CODE ENFORCEMENT OFFICER’S DECEMBER 2020 REPORT: Tabled until next meeting.

COURT CLERK’S NOVEMBER 2020 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 November 2020, and was seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S DECEMBER 2020 REPORT: Tabled until next meeting.

POLICE REPORTS FOR DECEMBER 2020: Chief Hepkins read the December 2020 Police Report. Councilman Muffoletto asked if they could have a list of the street lights that have been out repeatedly. The Chief said he will get that for him. 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 December report. He said he needs culvert pipe. The Supervisor said we should have the funds coming for that. He will check on it. He also needs a wingman for plowing. He has an application from Peter Czaster or use Allen Nolan. Supervisor DeCarlo motioned to appoint Peter Czaster as a part-time Driver at a rate of $12.50/hour pursuant to approval of background check, seconded by Councilwoman Ross. 4 ayes, 0 nays, 1 abstain by Councilwoman Marien. MOTION CARRIED. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barb Daniel read her report from December. Barb said she would like the departments to give her items they would like listed on the insert that will go in the tax bill envelopes. Supervisor DeCarlo made a motion to accept the report as read, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD MINUTES: No meeting held

ZONING BOARD OF APPEALS REPORT: Nothing to report

RECREATION DIRECTOR’S REPORT: No report.

PARKS COMMISSIONERS’ REPORT: Nothing to report.

TOWN HISTORIAN’S REPORT: Patty Friend said there was no meeting but she did receive a box from Luke Walczak of items from Luke Walczak, Carlton Winter’s nephew. The items were owned by Carlton Winters. Supervisor DeCarlo motioned to accept the report, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

FIRE COMPANY REPORTS: No report was given.

SENIORS REPORT: No meeting

Supervisor DeCarlo said the County is starting to administer the COVID vaccine. Those over 65 and over are now eligible to receive the shot. As of now, no shots are available.

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS:

Cory from the Omni asked to speak. She said she spoke to Steve from CPL. Supervisor commented on the email from him. It stated that he still has some questions. Cory stated that if the Town Board approves of the Positive Declaration, Omni cannot afford to pay for the Town Engineering Fees for a process like that. The process is 9 to 12 months and costs between $80,000 to $100,000. It was noted that the Eden project is a 5 Megawatt project on many acres and would therefore require a Positive Declaration. The project being proposed at the Sager property is 3.241 Megawatts and under 15 acres. She said that our town has a Solar Law that they have complied with and have answered all the questions. She also said that the Positive Declaration would take a year or more. She asked if they could work out a Host Community Agreement in lieu of a Positive Declaration like what Steve was going to recommend, they could agree to that. At this time, Supervisor DeCarlo called Attorney Trask and asked if he could be on speaker to talk to Cory. The Supervisor asked Cory what her question is for the Attorney. She asked if he is going to ask for a Host Community Agreement for the mitigation of the Farmland Protection Program and what is he looking for? The Supervisor then said he could answer that question. He said that right now, they don’t have anything specific in mind. Councilwoman Giancarlo stated she thought he was asking for a scoping document. Supervisor DeCarlo said when he spoke to CPL he feels they wanted more specific information on the site plan. Cory noted that the changes requested were made on the certified site plan, but the because of the high cost, the new site plan won’t be certified until they have something input from the Town Board. Cory stated they had incorporated everything the Town and Planning Board and CPL had requested, such as vegetation, a decommissioning Bond and at this point, unless the Board can state what else they would need, they don’t know what else CPL wants. At this time, the discussion is paused until after the Public Hearing.

PUBLIC HEARING – LOCAL LAW #1-2021

Town Clerk read the legal notice:

TOWN OF BRANT

LEGAL NOTICE OF PUBLIC HEARING

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 12^th day of January, 2021 at 7:30P.M. Local Time, for the purpose of considering Proposed Local Law No. 1-2021 which, if approved, would add to chapter 145 of the Town of Brant Code, section 145-21, allowing for the insertion of informational enclosures with Town Tax Bills.

Copies of the proposed local law are available for review in the office of the Town Clerk. All interested parties will be given an opportunity to be heard.

Dated: January 5, 2021

By order of the Brant Town Board

Barbara Daniel

Brant Town Clerk

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

Proposed Local Law No. 1-2021

A local law to add to chapter 145 of the Town of Brant Code, section 145-21, allowing for the insertion of informational enclosures with Town Tax Bills.

Be it enacted by the Town Board of the Town of Brant, Erie County, New York, as follows:

Section 1. LEGISLATIVE INTENT

The purpose of this article is to allow the Town Clerk to enclose with the tax bills certain notices, circulars, hand bills or other enclosures allowed by law concerning matters of public interest but excluding matters of political nature, entailing propaganda, or advertisements. Section 1826 of the Tax Law of New York State forbids a municipality from mailing or delivering with tax bills any notices, circulars, pamphlets, cards, or similar printed materials unless the municipality has passed local legislation pursuant to Municipal Home Rule Law Section 10 allowing for practice, so long as neither the legislation nor the practice provide for the dissemination of political or propaganda materials.

Section 2. Chapter 145 of the town of Brant Code is hereby amended to add Article VI entitled “Miscellaneous” and add Section 145-21 to read as follows:

SECTION 145-21 INFORMATIONAL ENCLOSURES WITH TAX BILLS

By resolution adopted by the Town Board, the Town Board shall be authorized to instruct the Town Clerk to enclose notices, circulars, pamphlets, cards, handbills or other enclosures allowed by law concerning matters of public concern.

1. Such enclosures shall exclude any and all mater of political nature, entailing propaganda or any type advertisement.
2. Each enclosure shall be approved by a separate resolution of the Town Board.
3. Said enclosures shall be included in the county/Town tax bills only.

Section 3. EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the New York Secretary of State.

The Supervisor asked if any of the Board Members had questions. Councilwoman Giancarlo asked if the Town Clerk had a sample of what will be included. Town Clerk Daniel said not at this time. She would like all departments to submit items they would like included. The Town Board will approve it. Input should be submitted by January 30^th to the Town Clerk.

Supervisor motioned to close the public hearing, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

ADOPTION OF LOCAL LAW #1-2021: Supervisor DeCarlo motioned to approve the proposed Local Law No. 1-2021, seconded by Councilwoman Giancarlo. Roll call vote was taken: Supervisor DeCarlo -aye, Councilwoman Giancarlo -aye, Councilman Muffoletto -aye, Councilwoman Marien -aye, Councilwoman Ross -aye. 5 ayes, 0 nays. MOTION CARRIED.

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS (CON’T):

Supervisor DeCarlo asked Cory to continue the discussion. Cory said we need to figure what is going on. Supervisor DeCarlo said the major concern is the Farmland Protection Plan. He said this is the first project like this and the Board wants to do it right. The members were asking about the size of the project. Cory stated that it is under 15 acres. The solar panel space will take up about ¾ of that space. Cory stated that the project had been moved farther away from the Sager home and farther away from the wetlands, and added that the engineering plans include ensuring the run off is aimed towards areas designed to handle the runoff. Councilman Muffoletto asked what the surface area of the solar panels. Cory stated she didn’t have that but can get it for them and added the total footprint of the project is under 15 acres. Councilwoman Giancarlo stated that is what they are missing and why they can’t move forward. She added that because she is very inexperienced with Solar planning, she would like to sit with the engineer again, the attorney and the company. Supervisor DeCarlo said he thinks CPL would like more in depth information. Cory said she spoke with CPL and they said they are going to stick with the positive declaration and ask for a host community agreement and want to start a scoping statement which is part of the positive declaration. Cory asked to have this statement on record: “If that is going to be the route you guys decide to take, I really can’t guarantee this project is going to happen.” Supervisor DeCarlo responded that he doesn’t want to waste anymore time on this project then. Cory noted that she would like to finish part 2, and the Supervisor stated he didn’t want to. Councilwoman Giancarlo stated she would like to sit down with the engineers with a paper and pen and put everything in writing and understand it, rather than at a Board meeting. Cory noted that she has submitted all of the requested items weeks ago.

OLD BUSINESS

Supervisor DeCarlo stated that some of the appointments from the Organizational Meeting were not addressed:

• Reaffirm the appointment of Town Electrician Billy Hamm @$15.50/hr as needed. Responsibility/authority to call for services by Caretaker of Buildings and Grounds and /or Town Supervisor. Supervisor DeCarlo motioned to reaffirm Billy Hamm as Town Electrician, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

• Acknowledge the Supervisor’s appointment of Town Historian, Patricia Friend for a one-year term.

Supervisor DeCarlo motioned to go to Executive Session at 8:00pm for Personnel reasons, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo motioned to close Executive Session at 8:12pm, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

• Approve appointment and salary of Code Enforcement Officer / Building Inspector Gary Brecker for a one-year term at an annual salary $8,610 as per budgeted (B8010.1). Supervisor DeCarlo motioned to approve the appointment, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

• 2021 Rental Fees for Community Building and Rec Building, Community Building $125 – Rec Building (included pavilion and gym) $150, Security Deposit $150 Refundable, Fees and security deposit are doubled for non-residents. Supervisor DeCarlo motioned to leave the fees the same as 2020, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

• Supervisor DeCarlo mentioned that every year the Supervisor has to sign an agreement with the Highway Dept. for using Chips for the repairs on the roads. Councilwoman Giancarlo motioned to approve the Supervisor to sign the agreement with the Highway Dept., seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS

• Appoint Christopher A. Tedesco and Caleb A. Bullard and P/T Patrolman Pending background check, approval of Chief of Police with 18-month probationary period to start after successful completion of Erie County Law Enforcement Training Academy. Councilman Muffoletto motioned to Appoint Christopher A. Tedesco and Caleb A. Bullard pending the conditions mentioned above, seconded by Councilwoman Giancarlo. A roll-call vote was taken: Councilman Muffoletto -aye, Councilwoman Giancarlo -aye, Councilwoman Marien -aye, Councilwoman Ross -aye, Supervisor DeCarlo -aye. 5 ayes, 0 nays. MOTION CARRIED.

• The Supervisor read a letter of resignation from Daniel Welch, Part Time Patrolman, effective 12/28/2020. Supervisor DeCarlo motioned to accept the resignation of Daniel Welch with regret, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

• Pass resolution regarding extension of Senior and Individual with Disabilities and Limited Income Exemption. Supervisor DeCarlo read the following resolution:

On December 18, 2020, Governor Cuomo issued Executive Order Number 202.83 which, among other things, gives local governments the ability to adopt a resolution extending the senior exemption and the individual with disabilities and limited income exemption through 2021 without need for qualified individuals to file an application with the assessor.

Extension of Senior and Individual with Disabilities and Limited Income Exemption

WHEREAS, the state disaster emergency has resulted in limited hours in municipal offices and rendered seniors and individuals with disabilities homebound; and

WHEREAS, many seniors and individuals with disabilities do not have the ability to file their real property tax exemption applications in person due to safety precautions and lack the ability to file such applications online; and

WHEREAS, Governor Cuomo has issued Executive Order 202.83, which grants local governments the ability to adopt a resolution extending the exemption status for those seniors and individuals with disabilities entitled to certain real property tax exemptions;

NOW THEREFORE BE IT RESOLVED that the assessor shall extend the 2020 exemption status for those individuals receiving the senior exemption and the persons with disabilities and limited income exemption through 2021 without a renewal application except in the circumstances elucidated below; and

BE IT RESOLVED that the assessor may require a renewal application if he or she believes that an owner that qualified for the 2020 exemption has since changed their primary residence, added another to the deed, transferred the property to a new owner, or died.

Supervisor DeCarlo motioned to pass this resolution, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

TOWN BOARD REPORTS:

Councilwoman Giancarlo: She asked what happened to the Christmas lights on the tree. Supervisor Secretary stated the plow caught the lights and tore them. Councilwoman Giancarlo questioned allowing political party meetings on the town calendar. She said there is always the Democratic Committee Mtg listed. Deputy Clerk Ostrowski stated that the Democrats always submit the dates of their meetings held at the Community Bldg. The Republicans have been asked for a date list for meetings but don’t usually provide one ahead of time. It was suggested by Debbie Ritz that the Republicans should list their meetings as well. Councilwoman Giancarlo was questioning the legality of political meetings being listed on the Town Website Calendar. Deputy Ostrowski logged onto the site and confirmed the meetings for 2021 had not been listed.

Councilwoman Ross: She asked if we can go forward with the photo album for the Community Building. The quote was $122.24. It will be a hard cover book. This will be for one book. Councilwoman Ross motioned to purchase the book, seconded by Supervisor DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

She also asked about the Window Treatments for the Community Building. She will be looking at the treatments along with Tracy.

Supervisor DeCarlo: Supervisor DeCarlo motioned to go to go to Executive Session, seconded by Councilwoman Giancarlo. 5 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo motioned to return from Executive Session, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

Councilwoman Marien: nothing to report

Councilman Muffoletto: nothing to report

RECOGNIZED PRIVILEGE OF THE FLOOR:

Debra Ritz talked about the Solar Panel Project. She feels that this project started wrong from the beginning. Some of the points she made were:

• The applicant was given an application and fee. The fee was later raised.
• The applicant had a meeting with the Planning Board, Code Officer and then the Town Board. Each of these meetings failed to provide a step-by-step procedure that everyone would be happy with.
• The applicant was required to attend Town Board meetings in attempts to answer all the questions the Board had in 10 minutes.
• The applicant should be afforded the opportunity to sit down with all involved to take the time to discuss the project and its requirements.
• The property owner is being deprived of the right to use their property as they see fit.
• The Town Board needs to take the time to develop of procedure for applications such as this from beginning to end.

Councilwoman Giancarlo responded stating the Town Board has decided to sit down with all involved to discuss with pen and paper to confirm an agreement of what will transpire. Supervisor DeCarlo said there has been miscommunication between all parties.

Meetings and Correspondence

The last January sales tax remittance is in. The current transfer is 1.49% greater than the corresponding 2020 amount. Given the lag time in receiving the transfer, from when it’s collected, their receipt applies to the county’s 2020 budget. Year-to-date transfers are running 2.53% below last year at this time.

Supervisor DeCarlo read the Abstract:

ABSTRACT 14 of 2020

*Prepaid and unpaid as of 02/9/21 Total Claims $135,615.34

Gen Fund Town wide Vouchers Totaling: $5,870.35

Gen Fund – Part Town Voucher Totaling: $34.16

Highway T.W. Vouchers Totaling: $672.03

Highway P.T. Vouchers, Totaling: $6,030.30

CD Special Grant Fund: Totaling: $545.00

SF Fire Protection Vouchers totaling: $122,463.50

ABSTRACT 2 of 2021

*Prepaid and unpaid as of 2/9/21 Total Claims $62,134.71

Gen Fund Town wide Vouchers Totaling: $51,446.42

Gen Fund – Part Town Voucher Totaling: $266.80

Highway T.W. Vouchers Totaling: $10,205.06

Highway P.T. Vouchers, Totaling: $216.43

Street Lighting: Voucher Totaling: $

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

PAYROLL (2 payroll 2021 )

General Town Wide Payroll 1/3/21-1/30/21 – Totaling $50,680.18

General Part Town Payroll 1/3/21-1/30/21 Totaling: $712.96

Highway Payroll TW 1/3/21-1/30/21 Totaling: $9,935.04

Highway Payroll PT 1/3/21-1/30/21 Totaling: $0

Supervisor DeCarlo motioned to approve Abstract 14 of 2020 and Abstract 2 of 2021, seconded by Councilwoman Giancarlo. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilman Muffoletto -aye, Councilwoman Marien-aye, Councilwoman Ross-aye. 5 ayes, 0 nays. MOTION CARRIED.

There was a discussion about the new tables and chairs that should be moved.

Next meeting will be Tuesday, February 9, 2021 at 7:00 PM.

At 8:54 pm Supervisor DeCarlo motioned to adjourn the meeting in the memory of Richard “Dick” Gryksa, seconded by all the board members. 5 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk