This Regular Meeting of the Brant Town Board was held on Tuesday, October 13, 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

Barbara J. Daniel Recording Secretary

William Trask Town Attorney

Absent was

Councilman Muffoletto
 

ALSO PRESENT / SIGNED IN WERE:

Patty Friend Town Historian

Lynda Ostrowski Deputy Town Clerk

Joseph Ostrowski Planning Board Chair

Shirley Sager Resident

Robert Sager Resident

Janet Bowman Planning Board Member

Debra Ritz Planning Board Member

Don Hepkins Police Chief

Kristen Giancarlo Resident

Joe Giancarlo Resident

Sean Reardon Tetra Tech - OMNI Navitas

Joseph Mendelsohn OMNI Navitas

Ellsworth Nolan Highway Super

Ashley Arrigo-Uncapher Resident

The meeting opened at 7:03 PM.

PLEDGE TO THE FLAG

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS:

MINUTE APPROVAL SEPTEMBER 8, 2020 REGULAR TOWN BOARD MEETING: Councilwoman Giancarlo motioned to accept the minutes of the September 8, 2020 Regular Town Board meeting. Supervisor DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

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

BUDGET MOD and ADDITIONAL VOUCHERS: Supervisor DeCarlo read budget modification

The Town Clerk presented four vouchers that arrived after the close of the Abstract to allow the Town Board to approve their prepayment with Abstract 11. They were: Lin Tire Service $5,011.80, R.A. Gryksa Associates $2,200.00, Chad Kaczmarek $205.50 and Staples Office Supply $44.50.

Supervisor DeCarlo then motioned to approve the Budget Mod #3 of 2020 and four additional Vouchers, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S AUGUST 2020 FINANCIAL REPORT: Supervisor DeCarlomotioned to accept the Town Clerk’s August 2020 Regular Financial Report, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

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

CODE ENFORCEMENT OFFICER’S SEPTEMBER 2020 REPORT: Supervisor DeCarlo read the September report. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S SEPTEMBER 2020 REPORT: Dog Control Officer Barbara Daniel presented her September report. Supervisor DeCarlo made a motion to accept the Reports as written, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

POLICE REPORTS FOR SEPTEMBER 2020: Chief Hepkins read the September 2020 Police Report. The Chief said the Courts are back open to 4 nights. Supervisor DeCarlo made a motion to approve the report as read, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT REPORT: Superintendent Ellsworth Nolan read his August and September reports. He said he needs to buy a set of tires. Goodyear $3,184.00, Firestone $3,200.00. Supervisor DeCarlo moved to have the Highway Superintendent to purchase the Goodyear tires at $3,184.00, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING:

CDBG Public Hearing: Supervisor DeCarlo motioned to open the Public Hearing at 7:15pm, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

The Town Clerk read the Legal Notice:

TOWN OF BRANT

LEGAL NOTICE OF PUBLIC HEARING

THE TOWN OF BRANT will hold a public hearing on Tuesday, October 13, 2020 at 7:15 PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant.

THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.

THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant.

CITIZENS ARE URGED to attend this meeting to make known their view and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.

THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at (716) 549-0282, ext. 2.

October 1, 2020

By order of the Brant Town Board

Barbara J. Daniel, Brant Town Clerk

Discussion:

Supervisor DeCarlo discussed moving the existing playground from the side of the Town Hall to the back area of the Town Hall. He then discussed placing a basketball court with outdoor lighting, on the same side where the playground had been, but a little closer to the front of the Town Hall. The funds we would request is $200,000 with a 5% match which would cost the Town about $10,000 or $11,000. There would also be handicapped accessibility to the playground.

Town Attorney Trask mentioned that the Board always has Rural Transit listed for this Grant. The Supervisor stated that it is listed as No. 1 on the Resolution.

Supervisor DeCarlo motioned to close the Public Hearing at 7:23 PM, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo presented the following Resolution:

ERIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT REQUESTS

WHEREAS, following the Public Hearing of October 13, 2020, which was held at the Brant Town Hall for suggestions by the public for projects to be submitted for funding, and in consideration thereof,

NOW, THEREFORE BE IT RESOLVED, that the Brant Town Board submits the following projects to be considered for funding by the Erie County Community Development Block Grant Program during the 2021-2022 grant cycle:

1^st Priority – Rural Transit Service; and,

2^nd Priority – Brant Town Hall Recreation Improvements requesting $200,000 in Community Development Block grant funds.

NOW THEREFORE BE IT RESOLVED that the Brant Town Board authorizes Mark J. DeCarlo, Town Supervisor, to sign, submit and if funded, execute a contract with Erie County Community Development Block Grant (ECCDBG) Program for Rural Transit Service & Brant Town Hall Recreation Improvements upon approval of the ECCDBG.

NOW THEREFORE BE IT FURTHER RESOLVED that the Brant Town Board provides matching funds using a 5% cash match from the Town’s contingent line item, A1990.4.

Councilwoman Giancarlo motioned to accept the suggestions for the Community Development Block Grant application, seconded by Councilwoman Marien. A Roll-Call vote was taken:

Councilwoman Giancarlo voting aye

Councilwoman Marien voting aye

Councilwoman Ross voting aye

Supervisor DeCarlo voting aye 4 ayes, 0 nays. MOTION CARRIED.
 

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barb Daniel read her report from September. Supervisor DeCarlo made a motion to accept the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD MINUTES: Secretary Lynda Ostrowski read the September and October Reports. She also stated that Board Member Elmer McSkimming asked to be removed as the Alternate due to prior commitments. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING: Special Use Permit – Donald Arcara

Supervisor DeCarlo motioned to open the Public Hearing at 7:30 PM, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

Recording Secretary Daniel read the following legal notice:

LEGAL NOTICE

TOWN OF BRANT, NEW YORK

NOTICE OF PUBLIC HEARINGS

The Town of Brant Town Board will conduct a Public Hearing on Tuesday October 13, 2020 at the Brant Town Hall, 1272 Brant North Collins Road, Brant, New York.

The Public Hearing will be held at 7:30 PM local time for the purpose of considering and application for renewal of a Special Use Permit to Donald Arcara, 30 Woodland Pkwy., Angola, NY 14006 for automotive repairs at 10962 Southwestern Blvd., Brant, New York, being a renewal of a Special Use Permit originally issued to Andrew Lonkey.

All interested parties will be given an opportunity to be heard during this Public Hearing.

Dated: October 1, 2020

Barbara Daniel

Brant Town Clerk

Supervisor DeCarlo read a report submitted by Code Enforcement Officer Gary Brecker stating the Planning Board made a recommendation to approve the Special Use Permit.

Supervisor DeCarlo asked the Council if they had any questions or comments. No one responded. He then asked the public if anyone would like to speak.

Town Attorney asked the Secretary of the Planning Board about a reference to this in the September Minutes. He asked if there was going to be a store put in this place. Planning Board Chairman Ostrowski responded that Mr. Arcara moved from his property to the property next door that he acquired. He said that the only thing being obtained at this point is the Special Use Permit for the automotive repair shop.

With the public making no comment, Supervisor DeCarlo moved to close the Public Hearing at 7:35 PM, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo moved to approve and renew the Special Use Permit for Auto Repair for Donald Arcara expiring on June 30, 2021, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD OF APPEALS REPORT: No meeting held.

RECREATION DIRECTOR’S REPORT: Nothing to report

PARKS COMMISSIONERS’ REPORT: Nothing to report.

TOWN HISTORIAN’S REPORT: Patty Friend present her September Historian report to the Board. She said there will not be a meeting until next year. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

FIRE COMPANY REPORTS: No report was given.

SENIORS REPORT: Secretary Ostrowski stated that they haven’t held a meeting but they did have Picnic. Everyone was happy to see each other once again. A great time was had by all. Councilwoman Ross said the Senior Community Building is looking great.

Supervisor DeCarlo asked the Planning Board if the Town Board needs to make an appointment now to fill the newly vacated Alternate’s spot. Chairman Ostrowski said that the appointment can wait until the Organizational Meeting in January.

Councilwoman Ross said she was able to hand out masks and sanitizer to the seniors at the picnic. She delivered packets to others who were not there. She thanked the Supervisor’s Secretary Tracy Kaczmarek for making up the bags. They were gratefully appreciated.

Supervisor DeCarlo made a motion to set a Public Meeting for the Budget Workshop on Tuesday, October 20^th at 7 PM in the Conference Room seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo made a motion to set a Public Hearing for proposed Local Law #3 Raising the Tax Cap for November 10, 2020 at 7:30 PM, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING

Supervisor DeCarlo motioned to open the Public Hearing at 7:45 PM, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

The Town Clerk read the Legal Notice of Public Hearing:

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 13^th day of October, 2020 at 7:45 P.M. Local Time, for the purpose of considering Proposed Local Law No.2-2020 which, if approved, would amend Section 161-20 of the Town of Brant Zoning Law to provide for the Amortization of Non-Conforming Junkyards and Junk and Salvage Yards.

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: Oct. 2, 2020

By order of the Brant Town Board

Barbara Daniel

Brant Town Clerk

Supervisor DeCarlo said there has been a lot of public discussion about this local law. He stated that there will be no action taken tonight. The board would like to get input from the community and then take time to digest it before they take any action.

Attorney Trask stated that the Zoning Referral was made as required by the Erie County Municiple Law, to the Erie County Division of Planning and they did respond with no recommendation.

The Supervisor asked the Town Board if they had any comments or concerns. No response. He then asked the public if anyone had any comments or questions.

Discussions:

Planning Board Chairman Joseph Ostrowski asked why the Discontinuance Clause was not included in the law.

Attorney Trask said the Amortization Law was already drafted. The Discontinuance provision would be a separate provision.

Planning Board Chairman asked if this could be done at some later time.

Attorney Trask said it could be. He also added that the discontinuance provision would have a broader application for non-conforming uses. This particular law is addressing solely, non-conforming junk and salvage yards.

Planning Board Chairman asked if that applies only to those that are not authorized uses within the zoning area.

Attorney Trask said Non-conforming uses would be uses that pre-dated of the adoption of the zoning code.

Planning Board Chairman: Let me put it another way, all the junkyards in the commercial zone are exempt from this particular law.

Attorney Trask: If they are within the junk and salvage yard zoning district, that is a permitted use, this law has no effect on them. If you would have a junk or salvage yard in a residential district, that’s a non-conforming use which would be subject to this proposal.

Supervisor DeCarlo motioned to close the Public Hearing at 7:45 PM, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo motioned to table this law for further discussion next month, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS

Supervisor DeCarlo read a resolution declaring an Positive Declaration under SEQR regarding the Solar Farm

application:

Positive Declaration under SEQR on Omni Navitas Holdings, LLC Large-Scale Solar Energy System at 885 Brant-Farnham Rd.

Whereas, the Town Board of the Town of Brant (“the Board”) has been provided with an application for the development of a 5.00-megawatt solar project on a 42.5-acre property at 885 Brant-Farnham Road by Omni Navitas Holdings, LLC; and

Whereas, the Brant Planning Board has reviewed the site plan and application and provided recommendations to the Board as part of the Special Use Permit as required in the Town of Brant Solar Energy Systems local law contained in Chapter 161 of the Town Code, specifically §161-39.I; and

Whereas, in accordance with the provision of 6 NYCRR Part 617 (SEQR), the Board adopted a resolution on September 8, 2020, designating itself as Lead Agency for the proposed action pursuant to 6 NYCRR Part 617; and

Whereas, the Board has examined and considered the Full Environmental Assessment Form (EAF) Part 1; caused to be prepared Part 2 and 3 of the EAF to evaluate potential significant adverse environmental impacts associated with the Proposed Action based on a review of the EAF Part 1, the application documentation, and its own independent analysis of the Proposed Action; and

Whereas, the Board has compared the potential environmental impacts of the Proposed Action, as set forth in Parts 2 and 3 of the EAF with the criteria for determining significance under 6 NYCRR 617.7(c).

Now Therefore Be it Resolved, that based upon the information contained in the EAF and associated documents, the Board, as Lead Agency for the Proposed Action contemplated herein, and after due deliberation, review and analysis of the Proposed Action and the criteria set forth in 6 NYCRR §617.7(c), hereby determines that the Proposed Action may have one or more significant adverse impacts on the environment including removing significant acreage of important agricultural soils at this project site from production for a substantial period of time and setting an undesirable precedent which will lead to comparable developmental pressures on other valued agricultural resources in the Town of Brant, contrary to important policies set forth in the Town of Brant Master Plan, the Solar Energy Systems local law and the Town of Brant Farmland Protection Plan, resulting in a Positive Declaration determination of significance, and thus, directing the preparation of an Environmental Impact Statement (EIS) in accordance with 6NYCRR §617.12(b)(1) and to publish the Positive Declaration in the Environmental Notice Bulletin pursuant to 6 NYCRR §617.12(c).

Supervisor DeCarlo motioned to accept the Positive Declaration Resolution as read, seconded by Councilwoman Giancarlo. A roll-call vote was taken: Supervisor DeCarlo -aye, Councilwoman Giancarlo -aye, Councilwoman Marien -aye, Councilwoman Ross -aye. 4 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS

Preliminary Budget Work shop Date: Supervisor DeCarlo motioned to set the date for the Preliminary Budget Workshop on Tuesday, October 20, 2020 at 7:00pm, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.

Halloween: Supervisor DeCarlo motioned to set a Trunk or Treat event at the Town Park from 4-6pm following the guidelines set by the CDC, Federal, State and County, requiring wearing masks and social distancing, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED. It was also suggested that the town does not promote by advertising trick or treating this year.

TOWN BOARD REPORTS:

Councilwoman Marien: The last E-Waste has been done for the year.

Councilwoman Giancarlo: She mentioned that she had been hearing late night gun shooting on Ellis Rd. It’s

happening around 11pm, midnight.

Councilwoman Ross: Nothing to report

Supervisor DeCarlo: Nothing to report

RECOGNIZED PRIVILEGE OF THE FLOOR:

No one spoke.

MEETINGS & CORRESPONDENCE:

The second October Sales Tax remittance is in. Current transfer is 8.49% below the corresponding 2019 amount. Year-to-date transfers are running 3.66% below last year at this time.

ABSTRACT 10 of 2020

*Prepaid and unpaid as of 10/13/20 Total Claims $45,016.92

Gen Fund Town wide Vouchers Totaling: $21,826.46

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

Highway T.W. Vouchers Totaling: $69.24

Highway P.T. Vouchers, Totaling: $3,397.51

Fire Protection: Vouchers: Totaling: $0

Street Lighting: Voucher Totaling: $2,464.11

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: $16,422.26

PAYROLL (2 payrolls):

General Town Wide Payroll 08/30/20 TO 09/26/20 – Totaling $52,904.18

General Part Town Payroll 08/30/20 TO 09/26/20 Totaling: $712.96

Highway Payroll TW 08/30/20 TO 09/26/20 Totaling: $0

Highway Payroll PT 08/30/20 TO 09/26/20 Totaling: $7,461.44

Supervisor DeCarlo motioned to approve Abstract 10 of 2020, seconded by Councilwoman Giancarlo. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Giancarlo-aye, Councilwoman Marien-aye, Councilwoman Ross-aye. 4 ayes, 0 nays. MOTION CARRIED.

Responding to Councilwoman Giancarlo’s question about gun shots in the night, Chief Hepkins mentioned there is Raccoon, Red Fox, Grey Fox, Skunk, Possum and Weasel hunting 24 hours per day from Oct 25 to Feb.

Next Regular Town Board meeting will be Tuesday, November 10, 2020 at 7:00 PM.

At 8:02 pm Supervisor DeCarlo motioned to adjourn the meeting, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk