This Regular Meeting of the Brant Town Board was held on Tuesday, September 8, 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

Michael Muffoletto Councilman

Janice Ross Councilwoman

Barbara J. Daniel Recording Secretary

William Trask Town Attorney

Absent was:

Linda Giancarlo Councilwoman

ALSO PRESENT / SIGNED IN WERE:

Patty Friend Town Historian

Amanda Palmer Deputy Town Clerk

Lacey Palmer Resident

Debra Ritz Planning Board Member

Brian Rott Resident

Dolly Huffnagle Farnham Village Trustee

Don Hepkins Police Chief

Gary Brecker Code Enforcement Officer

Cory McCandless OMNI Navitas

Shirley Sager Resident

Joyce Ellis Town resident

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

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS:

MINUTE APPROVAL AUGUST 11, 2020 REGULAR TOWN BOARD MEETING: Councilman Muffoletto motioned to accept the minutes of the August 11, 2020 Regular Town Board meeting. Councilwoman Ross seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S JUNE 2020 FINANCIAL REPORT: Councilman Muffoletto moved and was seconded by Councilwoman Marien to accept the Supervisor’s July 2020 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

BUDGET MOD:

Supervisor DeCarlo read budget modification #1 of 2020:

BUDGET MODS: Supervisor DeCarlo motioned to approve the Budget mods as presented, 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.

TOWN CLERK/TAX COLLECTOR’S JULY 2020 FINANCIAL REPORT: Councilman Muffoletto motioned to accept the Town Clerk’s July 2020 Regular Financial Report, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S JULY 2020 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilwoman Ross motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for July 2020, and was seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S AUGUST 2020 REPORT: Code Enforcement Officer Gary Brecker read the August report. A Public Hearing needs to be set for the Special Use Permit for Donald Arcara for next month. Solar Application for the Solar Farm on the Sager Farm has been submitted for approval to the Town Board. The Town Board must declare a person or a body to be lead agency to oversee the SEQR Report. Gary stated that the company has answered all questions and he is asking for the board’s approval. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo motioned to set a Public Hearing for the Special Use Permit for Donald Arcara which was tabled last month. The date will be October 13, 2020 at 7:30 PM. Seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED. Attorney Trask requested that Mr. Arcara pay for the publishing of the notice because his paperwork was not submitted on time to be included in the last Public Hearing. The Town Clerk will notify Mr. Arcara of the cost.

DOG CONTROL OFFICER’S AUGUST 2020 REPORT: Dog Control Officer Barbara Daniel presented her August report. Councilman Muffoletto made a motion to accept the Reports as written, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

POLICE REPORTS FOR AUGUST 2020: Chief Hepkins read the August 2020 Police Report. The Chief spoke about illegal dumping in the town. He said our fine is $500 and was asking if that could be raised to $1000. He asked the board for approval to hire 2 part-time police officers to go to Phase Two Academy. The Chief said he hasn’t had time to do the background check

POLICE OFFICER APPOINTMENT:

MOTION, by Supervisor DeCarlo, to hire Timothy J. Pellittier and Joseph Mancuso as part-time Police Officers sponsored by the Town of Brant for admission to attend the Phase Two Police Academy. These appointments, effective September 30, 2020, are subject to acceptable final interviews of the candidates by Chief Hepkins, who is granted the authority to accept or reject one or both candidates. Such appointment(s) will also be subject to an 18 month probationary period starting on the first day of the Phase Two Academy. Seconded by Councilwoman Marien. Roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Councilwoman Ross-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo made a motion to approve the report as read, seconded by Councilwomen Ross & Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED. Councilwoman Marien wanted to say thank you to Officer Walsh for the time he puts in with the kids at the park. He does a great job.

HIGHWAY SUPERINTENDENT REPORT: Tabled

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barb Daniel read her report from August. She asked to have the Town Board approve 2 requests to include inserts in the tax bills. She also said she is digitizing Burial Permits. Supervisor DeCarlo made a motion to accept the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

RECREATION DIRECTOR’S REPORT: Nothing to report

Councilwoman Marien asked about reports from the pool and e-waste. They will be coming.

PLANNING BOARD MINUTES: Report submitted not read

ZONING BOARD OF APPEALS REPORT: No meeting held.

PARKS COMMISSIONERS’ REPORT: Nothing to report.

TOWN HISTORIAN’S REPORT: Patty Friend present her August Historian report to the Board. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

FIRE COMPANY REPORTS: No report was given.

SENIORS REPORT: No meeting held. They are having a Senior Picnic on Wednesday, September 16

OLD BUSINESS

[clerk’s note: Donald Arcara Special Use Permit public hearing set earlier in meeting during Code Officer report]

NEW BUSINESS

LEAD AGENCY FOR SOLAR FARM: Supervisor DeCarlo motioned to declare Brant Town Board Lead Agency regarding the Solar Farm Project at the Sager’s Farm in Brant, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

CDBG PUBLIC HEARING: Supervisor DeCarlo motioned to set a Public Hearing for October 13, 2020 at 7:15pm for the CDBG possible projects to benefit low to moderate income persons in the Town of Brant, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING FOR LOCAL LAW #2-2020: Supervisor DeCarlo motioned to set a Public Hearing for Proposed Local Law #2-2020 on October 13, 2020 at 7:45pm, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

GENERAL MUNICIPAL LAW SECTION 239-m: Supervisor DeCarlo motioned to make a Referral to Erie County Dept. of Environment and Planning pursuant to General Municipal Law Section 239-m regarding proposed Local Law #2020, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED. The Supervisor’s Secretary will handle form ZR-1.

SURPLUS FROM COMMUNITY BUILDING: Supervisor DeCarlo motioned to declare as surplus what the town has salvaged from the Sr/Community Building: Florescent light fixtures, chairs, sinks, toilets, windows, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED. It was noted that the tables are left off because they are getting new lighter tables but not sure how many as of yet. It was suggested to sell these as a lot and place it on Auctions International. Councilman Muffoletto asked about the stone that was to be placed on Auctions International. The Supervisor will talk to Highway. Supervisor DeCarlo motioned to list the items as a lot and advertise on Auctions International, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

NEW PURCHASES FOR COMMUNITY BUILDING: Supervisor DeCarlo said that we need to get new appliances for the Senior Building. Allen will look into purchasing the items. Councilwoman Ross will also be included in on the purchases. Supervisor DeCarlo motioned to approve Allen to spend up to $3,000 for new appliances for the Senior/Community Building. Town will be purchasing a refrigerator, microwave and stove. No vote was needed. Councilwoman Ross will submit a report on the prices of each item for the next meeting.

TOWN BOARD REPORTS:

Supervisor DeCarlo reported that he has received complaints about the condition of Milestrip Rd. The

Supervisor will be talking to D.O.T. It was suggested to have a letter from the Town Board go to different

agencies about this.

Councilman Muffoletto: Nothing to Report

Councilwoman Marien: Nothing to Report

Councilwoman Ross: Nothing to report

Code Enforcement Officer Gary Brecker stated that the Solar Farm needs a Special Use Permit. We need to schedule a Public Hearing for that. Do we need to have a workshop for that? Attorney Trask said that since the Town Board was just appointed as lead agency, they need time to review the information. There is more ground work that needs to be done. Once the SEQR is done, the board can hire an outside consultant. The Supervisor said they will hold off on the Public Hearing for now. Attorney Trask asked about the site plan. It was stated that some items still need to be addressed now that there is a lead agency in place.

Cory McCandless rep from Omni Navitas. Ms. McCandless spoke about the Solar Farm that they would like to place on the Sager Farm. She stated that they will work with the Town Board regarding the Pilot Program. They like to work with the IDA for that but will work with the Town Board. She said this will be a Type 1 Action. She is looking forward to moving forward. She mentioned again that everyone will be able to sign up for a 10% discount once this is all in place. Attorney Trask asked what their timeframe is. Cory stated hopefully November.

RECOGNIZED PRIVILEGE OF THE FLOOR:

No one spoke.

MEETINGS & CORRESPONDENCE:

The first September Sales Tax remittance is in. Current transfer is 12.22% below the corresponding 2019 amount. Year-to-date transfers are running 9.52% below last year at this time.

Supervisor DeCarlo then read the September Abstract:

ABSTRACT 9 of 2020

*Prepaid and unpaid as of 9/8/20 Total Claims $168,438.51

Gen Fund Town wide Vouchers Totaling: $24,687.83

Gen Fund – Part Town Voucher Totaling: $8,054.13

Highway T.W. Vouchers Totaling: $185.12

Highway P.T. Vouchers, Totaling: $74,575.36

Fire Protection: Vouchers: Totaling: $58,565.00

Street Lighting: Voucher Totaling: $2,206.33

H Capital Projects: Vouchers Totaling: $

Lotus Bay Sewer Dist. 1: Vouchers: $

Brant Farnham Sewer Dist: Vouchers: Totaling:

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

Special Grant Fund: Totaling: $164.74

PAYROLL (2 payrolls):

General Town Wide Payroll 08/02/20 TO 08/29/20 – Totaling $54,262.44

General Part Town Payroll 08/02/20 TO 08/29/20 Totaling: $712.96

Highway Payroll TW 08/02/20 TO 08/29/20 Totaling: $0

Highway Payroll PT 08/02/20 TO 08/29/20 Totaling: $7,842.75

Supervisor DeCarlo motioned to approve Abstract 9 of 2020, seconded by Councilwoman Marien. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Muffoletto-aye, Councilwoman Ross-aye. 4 ayes, 0 nays. MOTION CARRIED.

Next meeting will be Tuesday, October 13, 2020 at 7:00 PM.

At 8:10 pm Supervisor DeCarlo motioned to adjourn the meeting in Memory of Beverly Wasmund, Shirley Jones and Diana Jane Voss, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk