MINUTES OF THE MARCH 10, 2020 REG. TOWN BOARD MTG
This Regular Meeting of the Brant Town Board was held on Tuesday, March 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
Barbara J. Daniel Recording Secretary
William Trask Town Attorney
ABSENT WAS: Michael Muffoletto/Councilman
ALSO PRESENT / SIGNED IN WERE:
Lynda Ostrowski Deputy Town Clerk
Patty Friend Historian
Joyce Ellis Resident
Daryl Novoa Highway
Kristen Giancarlo Resident
Joe Giancarlo Resident
John Giambrone Resident
Matthew Poddulski Resident
Brian Rott Resident
Daryl Novoa Highway
Tracy Kaczmarek Supervisor Secretary
Chad Kaczmarek Town Justice
The meeting opened at 7:00 PM.
RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS:
MINUTE APPROVAL FEBRUARY 11, 2020 REGULAR TOWN BOARD MEETING: Councilwoman Ross motioned to accept the minutes of the February 11, 2020 Regular Town Board meeting. Councilwoman Marien seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
EXECUTIVE SESSION: Contractual: Supervisor DeCarlo made a motion to go into Executive Session at 7:02 PM, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor DeCarlo made a motion to close Executive Session at 7:23 PM, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S JANUARY 2020 FINANCIAL REPORT: Councilwoman Marien moved and was seconded by Councilwoman Giancarlo to accept the Supervisor’s January 2020 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK/TAX COLLECTOR’S JANUARY 2020 FINANCIAL REPORT: Supervisor DeCarlo motioned to accept the Town Clerk’s January 2020 Regular Financial Report and the Tax Collector’s Report, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S FEBRUARY 2020 REPORT: Tabled to next month.
DOG CONTROL OFFICER’S FEBRUARY 2020 REPORT: Dog Control Officer Barbara Daniel read her February report. Supervisor DeCarlo made a motion to accept the February 2020 Report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT FEBRUARY 2020: Councilwoman Giancarlo read the February 2020 Police Report. Councilwoman Ross made a motion to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S JANUARY 2020 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilwoman Marien motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for January 2019, and was seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.
HIGHWAY SUPERINTENDENT REPORT: Daryl Novoa read the February Report. He said the old Oliver Transmission is unrepairable. Supervisor DeCarlo made a motion to accept the report as read, seconded by the whole board. 4 ayes, 0 nays. MOTION CARRIED.
PUBLIC HEARING PROPOSED LOCAL LAW 1-2020, 7:30 PM
Supervisor DeCarlo made a motion to open the Public Hearing regarding the Proposed Local Law 1-2020 Increasing Max Exemption for the Alternative Veterans Exemption, at 7:30 PM, seconded Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
Town Clerk Daniel read the notice Public Notice.
LEGAL NOTICE
TOWN OF BRANT
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 10th day of March, 2020 at 7:30 P.M. Local Time, for the purpose of considering Proposed Local Law No.1-2020 which, if approved, would increase the maximum allowable exemption for Alternative Veteran’s Exemption, pursuant to Section 458-a (2)(ii) of the Real Property Tax Law of the State of New York.
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: February 11, 2020
Barbara Daniel, Brant Town Clerk
The Supervisor asked for comments. Mike Graci asked if this is the same law that was supposed to be in effect in 1997 and never was? Attorney Trask said it is not. It is increasing the exemptions that are available under the alternate Veterans Exemption. It now allows the exemption on a house assessed at up to $250,000. He said that the 1997 law was adopted but written differently. Mike Graci asked if this will cover everyone in the community. Attorney Trask said you must qualify under 458a which is a special provision of the real property tax law. If you qualify as a combat veteran, you will get the maximum exemption. The Supervisor said he had researched everyone in the town who would qualify and said that this would max everyone out. Mike Graci thanked everyone that worked on this.
Supervisor DeCarlo made a motion to move out of Public Hearing, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor DeCarlo made a motion to approve to enact The Town Of Brant Local Law No.1-2020 maximizing the exemption for Alternative Veteran’s Exemption, pursuant to Section 458-a (2)(ii) of the Real Property Tax Law of the State of New York, 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.
Attorney Trask clarified that it does not maximize the exemption, it increases the it.
TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barb Daniel read her February Report. She mentioned that she is looking into getting all our laws codified. Supervisor DeCarlo made a motion to accept the report as read, seconded by everyone. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD MINUTES: Secretary Ostrowski read the minutes of the March 2020 meeting. She mentioned that the board is looking into a bike path that was mentioned in the 1993 Master Plan. She also said the board was asking about the small cell law that was given to the Town Board. Supervisor DeCarlo said they are looking it over but nothing had been done with it. He also said that they are very excited about the bike path and asked if a committee should work on this project. The Secretary said that she would mention this to the Chairman. Supervisor DeCarlo made a motion to accept the minutes as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD OF APPEALS REPORT: No meeting held.
RECREATION DIRECTOR’S REPORT: No report.
PARKS COMMISSIONERS’ REPORT: Allen said he started cutting down some of the trees. They would like to use them for the bonfire this summer.
TOWN HISTORIAN’S REPORT: Historian Patty Friend read her report. She also wished the Town a happy 181st Birthday on March 25th. Supervisor DeCarlo made a motion to accept the report as read, seconded by everyone. 4 ayes, 0 nays. MOTION CARRIED.
FIRE COMPANY REPORTS: No report was given.
Supervisor DeCarlo read the Resolution Opposing Gov. Cuomo Budget Amendment.
RESOLUTION OPPOSSING GOV. CUOMO BUDGET AMENDMENT
Whereas: On February 21, 2020, Governor Cuomo submitted a 30 day budget amendment entitled “Accelerated renewable energy growth and community benefit act” for the purposes of meeting the Governor’s goals for renewable energy, and
Whereas: This amendment would establish a new system for permitting and siting renewable projects, setting aside the current “Article 10 Siting Board” process, and
Whereas: Permitting will now be under the jurisdiction of a new entity – Office of Renewable Energy Siting (ORES), and
Whereas: the powers assigned to ORES will totally usurp and diminish local home rule, local zoning codes, local planning and Local Waterfront Revitalization Plans when permitting and siting renewable energy projects, and
Whereas: ORES will now have the power to
- Make available to developers “build – ready” sites
- Develop “uniform permitting standards”
- “coordinate, approve, evaluate, issue, amend, transfer and enforce siting permits”
- Limit the ability of local governments to raise objections to proposed projects
- Direct local appeals to ORES decisions to litigation through the Article 78 process
- Prohibit local governments from requiring any additional approvals or permits
Whereas: By filling this action as a 30 day budget amendment, is ignoring and bypassing the legislative process of formulating policy through public input, public hearings and public debate in favor of a rushed and secretive process, and
Whereas: This amendment represents a blatant attempt to usurp local government’s historical and constitutionally power of home rule in the areas of planning, zoning and land use,
Now therefore be it resolved that the Town of Brant does hereby go on record strongly opposing this Governor’s attempt to dilute and usurp the roles and powers of local governments in New York State, and
Further be it resolved that the Town of Brant Urges State Legislators to oppose this amendment and have it removed from the final budget document, and,
Further be it resolved that a copy of this resolution be transmitted to the Governor, Lieutenant Governor, Speaker of the Assembly and Majority Leader of the Senate and Western New York Delegation.
Attorney Trask supports this resolution because it an attempt to take over local government. This would include the siting of Group Homes. The towns would have no say in the placing of Group Homes.
A motion was made by Councilwoman Giancarlo to adopt the Resolution Opposing Gov. Cuomo Budget Amendment, seconded by the entire Town Board. 4 ayes, 0 nays. MOTION CARRIED.
MEMORIALIZING RESOLUTION
ASKING GOV. CUOMO TO EXCLUDE ANY CHANGES TO THE SCHOOL TAX RELIEF (STAR)
PROGRAM IN THE 2020-2021 EXECUTIVE BUDGET
Supervisor DeCarlo read the Resolution:
Memorializing Resolution: Support of a NYS Bill Act to Amend the Real Property Tax Law, in Relation to Providing that the Amount of a STAR Real Property Tax Savings May Not Be Less than the amount of the STAR Real Property Tax Savings from the Previous Year
WHEREAS, the current STAR real property tax savings may be less than the amount of the STAR real property tax savings from the prior year and has no floor value, and
WHEREAS, the New York State Legislature is considering legislation amending Subparagraph (i) of Paragraph (a) of Subdivision 2 of Section 1306-a of the Real Property Tax Law, as amended by Section 1 of Part II of Chapter 59 of the Laws of 2019 to add language in relation to providing that the amount of a STAR, real property tax savings may not be less than the amount of the STAR real property tax savings from the previous year, which will create a floor for the STAR program, and
WHEREAS, the establishment of such legislation would create a floor that protects low income individuals and those on fixed incomes to ensure they receive, at a minimum, the same STAR real property tax savings in the following year, and
WHEREAS, the New York State Assessor’s Association supports this Bill,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Brant that the Real Property Tax Law be amended to provide that the amount of a STAR, real property tax savings not be less than the amount of the STAR real property tax savings from the prior year and hereby supports the New York State Bill, and
BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to forward a copy of said resolution to the following persons:
- Governor Andrew Cuomo
- Assembly woman Sandy Galef
- Assemblyman Kenneth Zebrowski
Councilwoman Giancarlo made a motion to adopt the Memorializing Resolution, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
Recreation – Dates, Fees, Wages and approval to sign contract for busing: The board was given a packet with the fees, busing and dates. There may be a special meeting called for the CDBG so the board agreed to wait until that meeting to vote on the fees. The fees and wages will be tabled until the special meeting.
A motion was made by Councilwoman Giancarlo and seconded by Councilwoman Ross to authorize the Supervisor to sign the bus contract. 4 ayes, 0 nays. MOTION CARRIED.
Brant Summerfest 2020: Supervisor DeCarlo said the dates are Friday, June 19 and Saturday, June 20. A town-wide family picnic and fireworks will be held on Sunday, June 28th with a rain date of Sunday, July 5th. Supervisor DeCarlo made a motion to approve these dates, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
Councilwoman Giancarlo stated that GOYA sponsors the fireworks.
A motion was made by Supervisor DeCarlo to have the Supervisor sign the fireworks contracts with the same terms as last year, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.
TOWN BOARD REPORTS:
Councilwoman Giancarlo: She said she met with Chief Hepkins. They are working on Trunk or Treat for Halloween at the Town Park.
Councilwoman Marien: No Report
Councilwoman Ross: No Report
Supervisor DeCarlo: No Report
CORRESPONDENCE:
The first March Sales Tax remittance is in. Current amount which is also the year-to-date receipts is 6.53% ahead of last year.
He also reminded everyone that the Census mailing is going out and everyone should be filling it out and mailing it back in. They are still in need of people to work.
Abstract 3 of 2020:
Supervisor DeCarlo read Abstract 3 of 2020:
*Prepaid and unpaid as of 3/10/19 Total Claims $95,638.53
Gen Fund Town wide Vouchers Totaling: $79,199.04
Gen Fund – Part Town Voucher Totaling: $9,384.28
Highway T.W. Vouchers Totaling: $4,133.08
Highway P.T. Vouchers, Totaling: $85.42
Fire Protection: Vouchers: Totaling: $0
Street Lighting: Voucher Totaling: $2,836.71
H Capital Projects: Vouchers Totaling: $0
Lotus Bay Sewer Dist. 1: Vouchers: $0
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0
Brant Water Dist 1 (SS2&SW): – Totaling $0
Special Grant Fund: Totaling: $0
PAYROLL (3 payrolls):
General Town Wide Payroll 01/19/20 to 2/29/20 – Totaling $76,500.22
General Part Town Payroll 01/19/20 to 2/29/20 Totaling: $869.44
Highway Payroll TW 01/19/20 to 2/29/20 Totaling: $17,571.38
Highway Payroll PT 01/19/20 to 2/29/20 Totaling: $0
Supervisor DeCarlo motioned to approve Abstract 3 of 2020, seconded by Councilwoman Ross. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Ross-aye, Councilwoman Giancarlo-aye, Councilwoman Marien-aye. 4 ayes, 0 nays. MOTION CARRIED.
Attorney Trask said he misspoke regarding the Veterans Exemption. The law states that it will give a full exemption to $200,000 not $250,000.
Next meeting will be Tuesday, April 14, 2020 at 7:00 PM.
At 8:06 PM, Supervisor DeCarlo motioned to adjourn the meeting, seconded by Councilwoman Giancarlo. 4 ayes, 0 nays. MOTION CARRIED.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk