April 08, 2021 Regular Town Board Meeting and Public Hearing for Local Law #1 for 2021 – DRAFT

CALL TO ORDER
Meeting was called to order at 7:02pm by Supervisor Peter Shrope at the Brighton Town Hall at 12 County Road 31 (aka Jones Pond Road) in Paul Smiths, New York, on April 8, 2021
Pledge of Allegiance to the Flag was recited

ROLL CALL:
Present: Supervisor Peter Shrope
Council Members: Amber McKernan, Matthew Szeliga, Steve Tucker, and Lydia Wright
Absent: None
Others Present: Paul Blaine-Code Enforcement Officer, Andy Crary-Superintendent of Highways, Elaine Sater-Town Clerk and two residents

NOTICE OF MEETING AND PUBLIC HEARING ON PROPOSED LOCAL LAW #1 for the Year 2021
Notice posted on the Town Clerkís Sign Board on March 30, 2021. Notice published in the Adirondack Daily Enterprise on Tuesday, March 30 and Thursday, April 1, 2021.

PUBLIC HEARING FOR PROPOSED LOCAL LAW #1-2021
Supervisor Peter Shrope opened the Public Hearing at 7:05pm on the proposed Local Law #1 for the Year 2021, to ìEstablish the Residency Requirements of the Appointed Office of Deputy Highway Superintendentî for public comment.
Three residents supported the Local Law as written.
Motion made by Steve Tucker to close the Public Hearing at 7:07pm when no more comments were made, second by Amber McKernan, Aye 5 (McKernan, Shrope, Szeliga, Tucker, Wright), Nay 0
One Board member questioned precedence being set by appointing residents outside the Town.
Discussion was held as to whether the appointed person had to be a current Town employee. There is no provision in the Local Law for such a requirement.

LOCAL LAW #1 FOR THE YEAR 2021 to Establish Residency Requirements for the Appointed Office of Deputy Highway Superintendent
Motion made by Supervisor Peter Shrope, second by Amber McKernan,
WHEREAS, a public hearing was held on April 8, 2021, and the public commented favorably for this Local Law to establish residency requirements for the appointed office of Deputy Highway Superintendent, and
WHEREAS, no changes were proposed to the Local Law, now therefore,
BE IT ENACTED by the Town Board of the Town of Brighton, Franklin County, as follows:
Section 1. Title.
The title of this article is a local law to establish the residency requirements for the appointed office of Deputy Highway Superintendent.
Section 2. Authority.
This article is adopted pursuant to Municipal Home Rule Law
ß 10[1][ii][a][1] that grants to local governments the authority to enact local laws regarding the qualifications of local officers.
Furthermore, this local law recognizes that the State Legislature amended Public Officers Law ß 3, adding a new Subdivision (24) expanding the residency requirements for any appointed public office in the Town of Greenburgh, Westchester County, thereby rendering Public Officers Law a special law with respect to any appointed Town officer [see cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37].
Section 3. Supersession.
This article shall supersede Town Law ß 23(1) in its application to the office of Deputy Highway Superintendent for the Town of Brighton.
Section 4. Residency requirements for Deputy Highway Superintendent.
The person holding the office of Deputy Highway Superintendent in the Town of Brighton need not be a resident nor an elector of the Town of Brighton; provided, however, that such person shall reside in Franklin County or Essex County located within the State of New York.
Section 5. Inconsistency.
All other local laws and ordinances of the Town of Brighton that are inconsistent with the provisions of this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency and in all other respects this local law shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this local law.
Section 6. Saving Clause.
If any clause, sentence, paragraph, word, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair, or invalidate the remainder, thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 7. Effective Date.
This local law shall take effect immediately upon filing with the Office of the New York State Secretary of State.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Tucker, Wright), Nay 1 (Szeliga)
LOCAL LAW #1 for the Year 2021 Duly ENACTED

REPORTS

HIGHWAY – Superintendent of Highways Andy Crary: Plowing and sanding roads; moved snow at Fire House so they could continue construction on new bay; had the roads posted for weight limits; put new windshield in 2013 truck; cleaned shop and trucks; took F-350 pickup to High Peaks Ford for inspection and lifter ticking in engine, left for warranty work on March 30, using personal vehicle; new 2021 plow truck was delivered, went to Malone twice for registration and new plates; purchased new mower for cemetery; got out broom tractor and checked it over, started sweeping roads; Wells Radio is coming to install radio in new plow truck; will sell 2012 John Deere lawn tractor.
Supervisor Peter Shrope received a Shared Services Agreement from the Franklin County Highway Department

RESOLUTION #21-2021
PURCHASE LAWN MOWER
Motion made by Supervisor Peter Shrope, second by Lydia Wright,
RESOLVED that the Superintendent of Highways be authorized to purchase a new riding lawn mower for the cemeteries not to Exceed $1,400 from Taylor Rental as was allowed in the Budget, and
BE IT FURTHER RESOLVED that the Superintendent of Highways be authorized to sell the old John Deere 2012 riding lawn mower.
ROLL CALL VOTE: Aye 5 (McKernan, Shrope, Szeliga, Tucker, Wright), Nay 0
RESOLUTION #21-2021 declared duly adopted.

RESOLUTION #22-2021
SHARED SERVICES AGREEMENT WITH COUNTY HIGHWAY DEPARTMENT
Motion made by Supervisor Peter Shrope, second by Matthew Szeliga,
RESOLVED that the Town Board authorizes the Supervisor to sign a Shared Services Agreement for 1 year with the Franklin County Highway Department pursuant to Section 99-r of the General Municipal Law for maintaining County and Town Roads and providing cost sharing by maximizing the effective utilization of both partiesí resources.
ROLL CALL VOTE: Aye 5 (McKernan, Shrope, Szeliga, Tucker, Wright), Nay 0
RESOLUTION #22-2021 declared duly adopted.

TOWN CLERK – Elaine Sater: Total revenue to Supervisor as of March 31, 2021, was $1,447.60 from 16 Certified copies; 1 Town Hall donation, 1 dog license renewed, 6 Building permits (BP#21-006 thru 011), and 22 copies on copier, 18 current and 4 from a refund check never cashed from 1/14/2020.
March 4 – Sent letter to Franklin County Clerk, Re: Certificate of Liability for Commercial Crime covering the Town Justice for 2021.
March 9 – Posted Notice of Filing of Annual financial Report for 2020, published Legal Notice in Adirondack Daily Enterprise on March 16, Copies are available for review or copying at Town Clerkís Office. Original is a Permanent Document kept in the Vault.
March 18 – Posted notice of Town Road Closures, published Legal Notice in Adirondack Daily Enterprise on March 23 and 25.
March 23 – Received an updated copy of the Emergency Operations Plan from Franklin County EMS. They made some changes that I corrected and sent to Supervisor for review. Will have to send out an updated version of the whole plan to agencies listed in the plan.
March 25 – Received Shared Highway Services Agreement from Town of Tupper Lake; expires in March 2026.
TOWN HALL REQUESTS: Saturday, March 6, 10am, Franklin County Conservative Party
TOWN PARK REQUEST: None
RECORDS MANAGEMENT: Continuing to update records retention codes for Records Index and destruction documentation, shredding/disposing of documentation that has passed it retention period, Training – Listening to Webinars on Records Management for Town and Court

POLICY FOR USING TOWN HALL DURING PANDEMIC
Motion made by Steve Tucker, second by Lydia Wright, that people reserving the Town Hall will have to check and follow the latest New York State COVID-19 guidelines for meeting in public spaces before using the Town Hall. ROLL CALL VOTE: Aye 5 (McKernan, Shrope, Szeliga, Tucker, Wright), Nay 0

HISTORIAN – Elaine Sater: Nothing to Report

TAX COLLECTOR – Holly Huber: Payments postmarked after 3.1.21 and on or before 3.31.21 totaled $63,968.62. Penalty income and bank interest for February were $531.60 and $3.05 respectively. Penalty income and bank interest for March were $1,540.79 and $.72 respectively and will be paid to Supervisor Shrope by 4.15.21. Paid out the following: Check #s 1059 and 1060, Supervisor Peter Shrope, Penalties $521.60 and Interest $3.05, Check #1061, Treasurer, $60,000.00, warrant and Check #1062, Tax Payer, $8,444.31, Overpayment.

TOWN JUSTICE – Nik Santagate: Supervisor Peter Shrope received a check in the amount of $4,025 for 44 cases disposed during March

CODE ENFORCEMENT OFFICER – Paul Blaine: Issued 6 building permits (BP#21-006 thru 011) and three (3) Certificate of Compliance (BPs #20-046 and 047 and #21-003)

ASSESSOR/DATA COLLECTOR – Roseanne Gallagher: Received an email in March from Mark Womeldorph at the State Comptrollers Office for an audit of a forestry exemption. I was able to supply him with everything he requested except for one thing which is not something property owners give to the assessors. That was the notices of cuttings. I quoted him the paragraph from the exemption manual that says the property owners have to notify the DEC of cuttings at least 30 days prior. The DEC in turn is supposed to notify the County Treasurer. They do not have to notify the assessor and never have.
We have not had any guidance yet from the state on whether or not we may sit with the roll in person or do phone sessions. We are required to sit with the roll for four sessions of four hours each after the tentative roll is filed May 1st. I have always done this for Westville and Bellmont in my home office. Before last year I did it at the Brighton Town Hall. Last year all sessions were done at my home and only by phone. I may do that again this year, but Iím wondering what the protocol would be if I wanted to do it at the Town Hall. Please let me know if that is an option and what the rules would be because of the pandemic. Rarely does anybody actually come when I am doing it. The legal notice that I will put in the paper on May 1st has to specify how and when I am sitting with the roll.
Finished data collecting the new and ongoing construction today April 7th. Have to process this information to be included in any changes for the tentative roll.
Have an appointment with a property owner on North Brook Rd. Friday, the 8th. This is one of the parcels I have not done yet in the data collection project. I should be able to do the few that are left that are not boat access in the next few weeks. Then all that’s left will be the boat access on Spitfire and St. Regis Lakes.

SUPERVISOR – Peter Shrope:
Budget update as of March 31, 2021, was distributed to Town Board; revenue received was $4,025 from the Town Justice and $1,447.60 from the Town Clerk
NYCLASS investment interest received for March as follows: $4.30 for General Fund, Balance is $111,166.23; $1.59 for Highway Fund, Balance is $42,365.31
Charter Communications – Received information on upcoming changes to cable television stations dated April 2 and 5
Liability Insurance was update with new 2021 Freightliner plow truck information. Truck will be paid over five years, payments are due in February and so a voucher will have to be submitted in January.

ACCEPT/AMEND MINUTES

Regular Board Meeting March 11, 2021
Motion made by Amber McKernan, second by Lydia Wright, to accept the minutes of the Regular Board Meeting of March 11, 2021, as written, Aye 4 (McKernan, Shrope, Tucker, Wright), Nay 0, Abstain 1 (Szeliga)

CITIZEN COMMENTS
Andy Crary said that today Saranac Lake broke the high temperature record of 69 degrees from 2000.

BUSINESS

PAUL SMITHíS COLLEGE ADIRONDACK WATER INSTITUTE CONTRACT SERVICE AGREEMENT: Supervisor Peter Shrope received a new contract for 2021 for providing for a Lake Steward at Osgood and Buck Pond boat launches

RESOLUTION #23-2021
PSC AWI CONTRACT SERVICE AGREEMENT FOR 2021 LAKE STEWARD
Motion made by Supervisor Peter Shrope, second by Matthew Szeliga,
RESOLVED that the Town Board of the Town of Brighton, Franklin County, accepts the contract service agreement with Paul Smithís College Adirondack Water Institute (PSC AWI) for 2021, in an amount of $6,720 to provide for a Lake Steward at Osgood and Buck Ponds and authorizes Supervisor Peter Shrope to sign the agreement.
ROLL CALL VOTE: Aye 5 (McKernan, Shrope, Szeliga, Tucker, Wright), Nay 0
RESOLUTION #23 declared duly adopted.

COMMITTEES
Parks & Recreation – Supervisor Peter Shrope/Amber McKernan: Amber McKernan suggested removing the large propane tank at the park and replacing it with a smaller tank when needed. Highway Department will clean up park grounds and paint over the graffiti on the building. Port-a-potty will be ordered for May1st. Still waiting for corrected Lease on Park to be signed by Paul Smithís College.

AUDIT OF VOUCHERS (Note: Due to an injury Matthew Szeliga is unable to sign vouchers that he audited)

RESOLUTION #24-2021
AUDIT OF VOUCHERS
Motion made by Amber McKernan, second by Lydia Wright,
RESOLVED that the Supervisor be authorized to pay the audited vouchers as listed on the abstracts as follows:
PREPAID FUNDS: Abstract #4 for Voucher #s 4A thru 4C for 2021 GENERAL FUND in the amount of $535.80
Voucher #4C for 2021 STREET LIGHTING FUNDS in the amount of $65.67
GENERAL FUND: Abstract #4 for Voucher #61 through #76 for 2021 funds in the amount of $6,052.25 HIGHWAY FUND: Abstract #4 for Voucher #32 through #38 for 2021 funds in the amount of $4,116.05
ROLL CALL VOTE: Aye 5 (McKernan, Shrope, Szeliga, Tucker, Wright), Nay 0
RESOLUTION #24 declared duly adopted.

ADJOURNMENT
Motion to Adjourn at 8:00pm made by Amber McKernan, second by Lydia Wright, Aye 5 (McKernan, Shrope, Szeliga, Tucker, Wright), Nay 0

Respectfully Sumbitted, Elaine W. Sater, RMC, Brighton Town Clerk