This Regular Meeting of the Brant Town Board was held on Tuesday, January 10, 2017 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
 

Present were:

Leonard K. Pero Supervisor

Donald Clark Councilman

Mark DeCarlo Councilman

Michael Muffoletto Councilman

Barbara J. Daniel Town Clerk, Recording Secretary

Absent:

Chad Kaczmarek Councilman
 

ALSO PRESENT / SIGNED IN WERE:

Brian Rott resident

Debra Ritz resident

Janice Ross Planning Board member

Neil Ross resident

Joseph DeCarlo Assessor

John Grennell Town Prosecutor

Lynda Ostrowski Secretary to the Boards

Joseph Ostrowski Planning Board chairman

Frank Broughton ZBA Chairman

Joyce Ellis resident

Patty Friend Town Historian

Penny Boismenu resident

Mike Boismenu resident

Tim Marien resident

Ellsworth Nolan resident

Kim Peck Senator Chris Jacobs representative

John Grennell Town Prosecutor

The meeting opened at 7:00 PM with the pledge of allegiance.

CHRIS JACOBS’ REPRESENTATIVE KIM PECK: Supervisor Pero recognized Kim Peck of Senator Chris Jacob’s office. Kim addressed the Board and attendees’ stating the Senator’s office is there for those needing his assistance.

He advised the Board that sponsors may purchase bricks that will be laid in the walkway leading up to the star. He noted that a 4” x 8” star will be $500.00 and a 8” x 8” star will cost $1,000.00. He invited the Town Board to purchase a brick for the walkway.

MINUTE APPROVAL DECEMBER 13 REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes the December 13 Town Board meeting. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
 

BUDGET MODIFICATIONS: The Budget modification was read by Supervisor Pero.

TOWN CLERK’S FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s November 2016 Regular Financial Report, seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S NOVEMBER 2016 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS:

Supervisor Pero motioned to approve both the bail and regular financial reports of Justice Borngraber, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

Councilman Clark motioned to approve both the bail and regular financial reports of Justice Gier, seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: The Code Enforcement Officer Gary Brecker presented his December 2016 report. Councilman Clark made the motion to approve the report as read by the Code Enforcement Officer. He was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S NOVEMBER 2016 REPORT (DECEMBER TABLED): The Dog Control Officer advised the Town Board that she spoke with the Building Superintendant about his company placing a canopy over the dog runs at the kennel, per Ag & Markets instruction in January of 2016. The building superintendant responded that he didn’t feel it was right for a Town employee to build the canopy of private property even if he is doing so through his personal company. The Board then advised the Dog Control officer to seek quotes from an insured contractor. Quotes will be sought by DCO for the February meeting. Councilman Muffoletto motioned to approve November 2016 Dog Control Officer’s reports and seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT DECEMBER 2016: The December 2016 police report was read by Supervisor Pero. It was noted that the Town will receive its plate reader at no cost by the end of spring. It is received through Stone Garden grant. Councilman Muffoletto motioned to approve the report as read and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

APPOINTMENT OF NEW PATROLMAN: Chief Hepkins had submitted a request for the Board to approve the appointment of Patricia Weismore as a part-time patrolman with the following conditions:

• Must successfully complete Phase 2 training at the Erie County Training Academy.
• Must complete 160 hour training program

At the completion of stated conditions, Patricia shall be appointed at a rate of $15.50 per hour. At the end of a six-month probationary period, Ms. Weismore shall receive a 50 cent per hour wage increase. Supervisor Pero motioned to approve the appointment of Patricia Weismore as part-time patrolman and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Muffoletto-aye. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR DECEMBER 2016: The Town Clerk’s monthly activity report for December was read by Clerk Daniel. Webmaster Lynda Ostrowski updated the Board on the pages she has been retained to update for various Town departments. She explained her progress. The work is being done at her home. Town Attorney Trask requested that the new site have a search option which will allow him to search Town Board minutes on the site. It was noted that the web designer is currently working on the search option. Councilman Muffoletto reiterated his request to have an app created that will allow people to receive updates from the site when certain items are posted.

Councilman DeCarlo then motioned to approve the Town Clerk’s report as presented, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Board secretary Lynda Ostrowski presented the January 9^th, 2017 Planning Board report. Councilman Clark motioned to approve the report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: Zoning Board Chairman Frank Broughton did not present a report, but advised the Town Board of the changes he will be making with the Zoning Board of Appeals. He stressed the importance of requiring extensive training of ZBA Members, and assured the Board that he has completed many hours of training himself. He was concerned that the current members have inadequate training. He presented the Town Board with a proposed resolution mandating the ZBA members to fulfill their training obligations. He will request action on the resolution at the February Town Board meeting.

RECREATION DIRECTOR’S REPORT: No report presented.

PARKS COMMISSIONER’S REPORT: No report presented.

FIRE DEPARTMENT REPORTS: No report presented

SENIOR’S REPORT: The Senior’s meeting report for their January 4^th meeting was presented by Secretary Lynda Ostrowski. Councilman Clark motioned to accept the report as read, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

6.) New Business –

At the advice of the Town Attorney, Supervisor Pero presented the following resolution:

Resolution of Brant Town Board

Directing Timely Written Notification of Intention to Require Payments in Lieu of Taxes

For Certain Energy Projects Otherwise Exempt from Taxation

Under Real Property Tax Law Section 487

WHEREAS, Section 487 of the Real Property Tax Law provides for certain solar or wind energy systems or farm waste energy systems to be exempt from county, town and school taxes, and

WHEREAS, Subdivision 9 of Section 487 of the Real Property Tax Law gives local municipalities the option of requiring the owner of a property which includes a solar or wind energy systems or farm waste energy systems to enter into a contract for payments in lieu of taxes, and

WHEREAS, pursuant to Subdivision 9 of Section 487 of the Real Property Tax Law, notification of the town’s intent to require a contract for payments in lieu of taxes must be provided by the town within sixty (60) days of the town being notified in writing by an owner or developer of their intent to construct such a system,

NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares its intention to require a contract for payments in lieu of taxes for such projects, and

BE IT FURTHER RESOLVED, that all Town of Brant officers are directed to immediately notify the Supervisor, Assessor and Town Clerk of any written communication received by such officer notifying the town of an owner or developer’s intention to construct or develop such a project or system pursuant to Real Property Tax Law Section 487 (9) and are further directed to promptly provide a copy of such written communication to the Supervisor, Assessor and Town Clerk, and

BE IT FURTHER RESOLVED, that the Supervisor and Assessor are hereby directed to provide written notification to such owner or developer of the Town of Brant’s intention to require a contract for payments in lieu of taxes within sixty (60) days of receiving written notification from any owner or developer pursuant to Real Property Tax Law Section 487 (9). The Supervisor and Assessor are further directed to keep a permanent record of such written notification having been provided to such owner or developer.

Copies of this resolution are to be provided to all Town of Brant officers.

 

Prior to adopting the resolution as read, Councilman Clark asked what happens if the Town misses the 60 days deadline to notify the developer and property owner. Attorney Trask replied that the development would be totally exempt from taxing, or payment in lieu of taxes. Trask also continued that this PILOT program is good for fifteen years. After that period, there is no more payment in lieu of taxes. He added that any payments made under the PILOT program must not exceed the amount that would have been payable by the owner if the Solar or Wind project had been taxable. The Assessor would have to place a value on the development which would then be used to develop a formula for the payments in lieu of taxes.

The Town Attorney then noted that the land owner is responsible for all taxes, or payments in lieu of taxes. If a land owner is aware of this, they can include a clause in their lease that requires the developer to pay the taxes, or payments in lieu of taxes. Councilman Clark asked the Attorney if this payment in lieu if intended to assist the Town in costs associated with the possibility of having to absorb the cost to remove the solar panels in the future. Attorney Trask responded that is unrelated to this program. But he continued that the Planning Board is currently working on the creation of the Solar law that would cover that issue.

Attorney Trask stated the Board has two options. Opt out or adopt the payment in lieu of taxes. Councilman DeCarlo motioned to adopt the resolution as presented. Councilman Clark seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING 8:00 PM (LOCAL LAW #1 -2017) MORATORIUM ON COMMERCIAL SOLAR PROJECTS:

The Town Clerk to read the public hearing notice as follows:

LEGAL NOTICE

TOWN OF BRANT, NEW YORK

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 10^th day of January, 2017 at 8:00 P.M. Local Time, for the purpose of considering Proposed Local Law No.1-2017 which, if approved, would impose a 6 month moratorium on the issuance of applications, permits or approvals for Commercial Solar Panel Projects in the Town of Brant.

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: December 30, 2016

Barbara Daniel

Brant Town Clerk

Supervisor Pero motioned to open the public hearing and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

Attorney Trask noted the previously expired moratorium on commercial solar energy systems was substantively the same as the local law being presented tonight. He explained the intention of Local Law #1-2017 was to allow the Town more time to finish drafting a local law to govern the placement and siting of commercial solar energy systems within the Town.

Frank Broughton urged the Board to adopt the law being proposed.

No further discussion. Supervisor Pero motioned to close the public hearing, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero then read proposed Local Law #1-2017:

TOWN OF BRANT

PROPOSED LOCAL LAW NO. 1 OF THE YEAR 2017

A local law imposing a temporary moratorium on the issuance of applications and the
granting of permits, licenses or approvals for the Siting of Commercial Solar Power Projects in the Town of Brant in order to allow for the adoption of appropriate regulations pertaining to such land uses,

Be it enacted by the Town Board of the Town of Brant (“Town”) as follows:

WHEREAS, in recent weeks, Brant has received a number of inquiries about siting and locating commercial solar panel installations on lands within the Town of Brant, and

WHEREAS, current local laws, ordinances and regulations do not adequately address many of the issues and concerns which must be considered to fairly address the impacts of such uses upon the Town, and

WHEREAS, the Town Board has determined that it is necessary to protect the public interest and welfare by imposing a temporary moratorium on new siting, location and establishment of Commercial Solar Power Projects while the Town undertakes a comprehensive review of concerns and issues raised by these uses, and

WHEREAS, such moratorium is intended to allow the Town sufficient and necessary time to address such concerns and issues and enact new laws, ordinances or regulations, and/or appropriate amendments to existing laws, ordinances or regulations to properly address community impacts, concerns or issues in a manner which is meaningful and consistent with the Town’s comprehensive plan.

NOW, THEREFORE, the Town Board of the Town of Brant hereby declares that no new applications shall be issued and no permits or approvals shall be granted by any officer, department, board or agency of the Town of Brant with respect to the siting, location or establishment of Commercial Solar Power Projects within the Town of Brant for a period of six (6) months from the effective date of this local law, unless earlier terminated by other local law, duly adopted.

As used in this law, the term “Commercial Solar Panel Project(s)” shall mean and include, but not be limited to, an array or collection of photovoltaic panels or collectors that convert sunlight to electrical energy and which, together with appurtenant facilities, covers an aggregate area of land greater than 1500 square feet. Residential, business and industrial properties with rooftop solar panel installations which generate electricity solely servicing the property where the rooftop installations are located are exempt from this moratorium as are all municipal and school installations and properties.

This local law is intended to supersede all applicable provisions of the Town of Brant Code, to the extent required to give effect to the provisions hereof for the effective period hereof.

Supervisor Pero then motioned to adopt Local Law #1-2017 as presented, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. LOCAL LAW #1-2017 ADOPTED.

REPORTS OF COMMITTEES: None presented

TOWN BOARD REPORTS:

Councilman Kaczmarek: Absent

Councilman Clark: received one contact regarding the upcoming concerts

Councilman DeCarlo: Nothing to report

Councilman Muffoletto: Advised the Board that the highway department was driving the big

plow trucks on the Town Hall parking lot at 7:00 am on Saturday. He

stated that the Highway Superintendent explained the inordinate

amount of snow in the parking lot warranted it.

Supervisor Pero: requested the Town Board approve the purchase of a new printer for

the Town Accountant. Pero then motioned to approve the spending of

up to $250 for a new printer. Councilman Muffoletto seconded the

motion. 4 ayes, 0 nays. MOTION CARRIED.

PRIVILEGE OF THE FLOOR: No one spoke.

CORRESPONDENCE:

REPORT FROM GRANT WRITER CONNIE MINER. Supervisor Pero advised the Board of his receipt of the annual report from Grant Writer Connie Miner.

Supervisor Pero then presented a request from National School Choice. The organization requested the Town Board authorize the Supervisor to make a proclamation recognizing National School Choice Week January 22-28, 2017 which shall read as follows:

PROCLAMATION

January 10th, 2017

NATIONAL SCHOOL CHOICE WEEK

JANUARY 22-28, 2017

National School Choice Week: January 22-28, 2017

WHEREAS all children in Town Of Brant should have access to the highest-quality education possible; and,

WHEREAS Town Of Brant recognizes the important role that an effective education plays in preparing all students in Town Of Brant to be successful adults; and,

WHEREAS quality education is critically important to the economic vitality of Town Of Brant; and,

WHEREAS Town Of Brant is home to a multitude of excellent education options from which parents can choose for their children; and,

WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and,

WHEREAS our area has many high-quality teaching professionals who are committed to educating our children; and,

WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options;

NOW, THEREFORE, I, Leonard Pero do hereby recognize January 22-28, 2017 as Town Of Brant SCHOOL CHOICE WEEK, and I call this observance to the attention of all of our citizens.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Brant this 10^th day of January 2017.

Leonard K. Pero

Supervisor, Town of Brant

Councilman Muffoletto motioned to approve the proclamation as presented and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

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Supervisor Pero read the following Abstract 13 and 14 of 2016, and Abstract 1 of 2017:

Abstract 13 of 2016 (All prepaid)

*Prepaid as of 1/10/17 Total Claims $2,244.29

Gen Fund Town wide Vouchers Totaling: $2,209.49

Highway P.T. Vouchers, Totaling: $34.80

Abstract 14 of 2016

*Prepaid and unpaid as of 1/10/17 Total Claims $67,998.53

Gen Fund Town wide Vouchers Totaling: $10,457.26

Gen Fund – Part Town Voucher Totaling: $44,358.16

Highway T.W. Vouchers Totaling: $9,754.10

Highway P.T. Vouchers, Totaling: $526.05

Street Lighting: Voucher Totaling: $2,902.96

Abstract 1 of 2017

*Prepaid and unpaid as of 1/10/17 Total Claims $20,751.23

Gen Fund Town wide Vouchers Totaling: $17,982.51

Gen Fund – Part Town Voucher Totaling: $587.50

Highway T.W. Vouchers Totaling: $2,181.22

SW Brant Water Dist 1: Voucher: none – Totaling $5,332.50

CD Special Grant Fund: unpd: None, Totaling: $0

PAYROLL (2 payrolls):

General Town Wide Payroll 11/27/16 TO 12/24/16 – Totaling $39,204.56

General Part Town Payroll 11/27/16 TO 12/24/16 Totaling: $645.90

Highway Payroll TW 11/27/16 TO 12/24/16 Totaling: $9,460.44

Highway Payroll PT 11/27/16 TO 12/24/16 Totaling: $0

Supervisor Pero motioned to approve Abstract 13 of 2016, seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero motioned to approve Abstract 14 of 2016, seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero motioned to approve Abstract 1 of 2017, seconded by Councilman Muffoletto. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

NEXT TOWN BOARD MTG FEBRUARY 14, 2017 AT 7:00 PM (7:30 pm June thru Sept).

At 8:17 PM, Supervisor Pero motioned to close adjourn the meeting with a moment of silence in honor of Brian Morin who recently passed away. The entire Board seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk