March 11, 2021 Regular Board Meeting (DRAFT)

CALL TO ORDER
Meeting was called to order at 7:00pm by Supervisor Peter Shrope at the Brighton Town Hall at 12 County Road 31 (aka Jones Pond Road) in Paul Smiths, New York, on March 11, 2021

Pledge of Allegiance to the Flag was recited

ROLL CALL:
Present: Supervisor Peter Shrope
Council Members: Amber McKernan, Steve Tucker, and Lydia Wright
Absent: Council Member Matthew Szeliga
Others Present: Paul Blaine-Code Enforcement Officer, Andy Crary-Superintendent of Highways, Elaine Sater-Town Clerk and two residents

NOTICE OF MEETING
Notice posted on the Town Clerkís Sign Board on February 4. Notice published in the Adirondack Daily Enterprise on Tuesday, February 9, 2021, to cover all Regular Monthly meetings for 2021.

REPORTS

HIGHWAY: Superintendent of Highways Andy Crary: Plowing and sanding of Roads; got a little break in the action this week (weather sunny and warm); used loader to move back banks around Town, scraped ice off the side roads with loader; pushed back banks at turn-a-rounds; washed down trucks and greased them; got water; need to post road closure notice in newspaper; new truck warranty voucher for $8,528 completed, need a date to pick up truck from Charlebois, Inc.; and pushed ìweep holesî in banks on Keese Mills Road.

TOWN CLERK: Elaine Sater: Total revenue to Supervisor as of February 28, 2021, was $1,003 from 10 Certified copies; 4 dog licenses issued, 2 renewed and 2 new (Tag#s 250 and 251); 3 Building permits (BP#21-001, 004 and 005), and 2copies on copier
February 11 received letter from Franklin County Treasurer, dated February 8, RE: Funds distributed to Town during 2020, all are on Final Budget as of December 31, 2020; mortgage tax and Snow & Ice and Mowing contracts.
February 17 Sent letter to Franklin County Clerk, Re: Death of Deputy Tax Collector Thomas Huber, there is no replacement at this time

TOWN HALL REQUESTS: Monday, March 22, 9am, Rainbow Lake Water Protection District

RECORDS MANAGEMENT: Updating records retention codes for Records Index and destruction documentation, starting to shred/dispose of documentation that has passed it retention period.

Freedom of Information Requests: William C. Lansdowne, February 11, looking for documents from a Court Case from 1992, No Record; Email from Shane Kessler, requesting property records information for certain parcels at Paul Smithís College, No records.

HISTORIAN: Elaine Sater: One year ago on March 23, 2020, Supervisor Peter Shrope issued a News Release that the Town of Brighton was changing the way we do business due to a pandemic from a Corona virus called COVID-19. For the safety and reduction of spreading the virus people would wear masks in the Town Hall and physically distance at 6 feet or more from other people. Only one associated group of people is allowed in the Town Hall at the same time to conduct business. The Town is still following this protocol a year later.

TAX COLLECTOR: Holly Huber: Received January and February reports
January – Payments postmarked on or before 2.1.20(21) totaled $1,402,596.60. Bank interest for January was $3.05 and will be paid to Supervisor Shrope with Februaryís penalty income by 3.15.21. Paid out the following: Check #1044 and 1050 VOID, Checks #1045, 1046, 1049, 1051, and 1052 totaling $683,021.00 paid to Supervisor Shrope, Checks #1047 and 1048 paid to tax payers for overpayment, and Check #1053 paid to Franklin Co. Treas. for Prev. Yr. Taxes.

February – Payments postmarked on or after 2.2.21 and on or before 3.1.21 totaled $52,212.49. Bank interest for February was $4.56 and will be paid to Supervisor Shrope with March penalty income by 4.09.21. Paid out the following: Checks #1055 VOID, Checks #1054 and 1056 paid to tax payers for overpayment, Checks #1057 and 1058 paid to Treasurer.

TOWN JUSTICE: Nik Santagate: Supervisor Peter Shrope received a check in the amount of $2,693.00 for 25 cases disposed during February

CODE ENFORCEMENT OFFICER: Paul Blaine: Issued 3 building permits [BP#21-001 (amended), 21-004 and 005], The Annual Report of Code Enforcement Activities for the Town has been submitted to NY Department of State, Division of Building Standards and Codes. There are a couple of BPs pending for homes. Completed plans have been filed in the map cabinet in the Town Garage records storage room.

ASSESSOR/DATA COLLECTOR: Roseanne Gallagher: Report Received prior to meeting

Equalization rate will stay the same as 2020 at 84%, almost finished with processing the data records for all the properties collected last year, As soon as weather improves will be checking on ongoing and new construction for this yearís roll.

SUPERVISOR: Peter Shrope: Budget: Budget update as of February 28, 2021, was distributed to Town Board; revenue received was $23,651.64 from Franklin County for Plowing Contract, $534.65 from Tax Collector for penalties and interest, $2,693 from the Town Justice, $1,003 from the Town Clerk, $60.12 refund from Hartford Insurance, and $16.91 tax refund from US Treasury.

NYCLASS investment interest received for February as follows: $5.96 for General Fund, Balance is $111,161.93; $2.27 for Highway Fund, Balance is $42,363.72
Charter Communications – Received information on upcoming changes to cable television stations dated February 11, March 1, and March 9, 2021

ACCEPT/AMEND MINUTES
Regular Board Meeting February 11, 2021
Motion made by Amber McKernan, second by Lydia Wright, to accept the minutes of the Regular Board Meeting of February 11, 2021, as written, Aye 4 (McKernan, Shrope, Tucker, Wright), Nay 0, Absent 1 (Szeliga)

CITIZEN COMMENTS
Amber McKernan thanked the Highway Department for keeping the parking lot at the park cleared. LifeFlight was able to land their helicopter for a medical rescue.

BUSINESS

POST CLOSURE LANDFILL MONITORING AGREEMENT: Supervisor Peter Shrope received a new contract for 2021 for ground water monitoring at the closed landfill

RESOLUTION #17-2021
POST CLOSURE LANDFILL MONITORING AGREEMENT 2021
Motion made by Supervisor Peter Shrope, second by Amber McKernan,
RESOLVED that the Town Board of the Town of Brighton accepts the agreement for Post Closure Landfill Monitoring for 2021 from Cedarwood Engineering Services, PLLC, in an amount not to exceed $6,000 and authorizes Supervisor Peter Shrope to sign the agreement.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Tucker, Wright), Nay 0, Absent 1 (Szeliga)
Resolution #17 declared duly adopted.

SUPPORT OF DEBAR LODGE LAND EXCHANGE: Supervisor Peter Shrope proposed a Resolution to support the Town of Duane in their efforts to save the Debar Lodge from being demolished.

RESOLUTION #18-2021
SUPPORT OF THE DEBAR LODGE LAND EXCHANGE
Motion made by Supervisor Peter Shrope, second by Amber McKernan,
WHEREAS, New York State purchased Debar Lodge and accompanying property in 1979,
WHEREAS, while working diligently to save the Debar Lodge, the Town of Duane does not have the resources to do so,
WHEREAS, the Debar Lodge and associated buildings are an important group of architecturally significant buildings listed on the National Register of Historic Places and are located in the Town of Duane, Franklin County, New York,
WHEREAS, there is great potential as cultural, educational and recreational resource in the Adirondack North Country region, for people of New York State and beyond at the Debar Lodge,
WHEREAS, Debar Lodge is located within the Debar Mountain Wild Forest of the State Forest Preserve and is threatened with demolition under Article 14 of the state constitution,
WHEREAS, Debar Pond Institute, a New York, non-profit educational organization is ready, willing, and able to enter into a land exchange agreement with New York state to trade the state, an equal value of forested acres of land in return for the Debar Lodge and associated buildings, as well as a small footprint around the buildings to serve the public interest without encroaching on Forest Preserve, and in the public interest refurbish the lodge and operate same,
WHEREAS, the proposed land exchange would enhance the state Forest Preserve, provide significant public usage and tours, preserve historic buildings, contribute to the local economy while continuing to allow public recreational access to Debar Pond, and save the state the cost of demolition, landscaping, and any new construction,
THEREFORE, BE IT RESOLVED, the Town of Brighton supports the proposed land exchange amendment to the state constitution to preserve Debar Lodge and use in the public interest.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Tucker, Wright), Nay 0, Absent 1 (Szeliga)
Resolution #18 declared duly adopted.

APPOINTMENT OF BAR MEMBER: Supervisor Peter Shrope spoke with Clifford Wagner who ageed to continue on the Board of Assessment Review (BAR)

RESOLUTION #19-2021
APPOINTMENT TO THE BOARD OF ASSESSMENT REVIEW (BAR)
Motion made by Supervisor Peter Shrope, second by Steve Tucker,
RESOLVED that the Town Board reappoints Clifford Wagner as a member of the Board of Assessment Review for the Term 10/01/2020 thru 9/31/2025
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Tucker, Wright), Nay 0, Absent 1 (Szeliga)
Resolution #19 declared duly adopted.

PROPOSED LOCAL LAW #1 FOR THE YEAR 2021: Supervisor Peter Shrope proposed a local law to establish residency requirements for the appointed office of Deputy Highway Superintendent. Public Hearing is set for Thursday, April 8, 2021, during the Regular Monthly Board meeting at 7pm.

PROPOSED LOCAL LAW #1 FOR THE YEAR 2021
Motion made by Supervisor Peter Shrope, second by Steve Tucker,

The Town of Brighton proposes Local Law #1 for the Year 2021:
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 0, Absent 1 (Szeliga)

COMMITTEES

Assessment/BAR – Lydia Wright/Matthew Szeliga: Clifford Wagner was reappointed to the BAR

Parks & Recreation – Supervisor Peter Shrope/Amber McKernan: Still waiting for corrected Lease on Park to be signed by Paul Smithís College.

CITIZEN COMMENTS

Jeremy Asmus Facilities Manager at Paul Smithís College said they were in discussion with Franklin County Tourism to rent space at the VIC. He said they have hired Scott van Laer as the new Director for the VIC to start May 2021.

AUDIT OF VOUCHERS

RESOLUTION #20-2021
AUDIT OF VOUCHERS
Motion made by Amber McKernan, second by Steve Tucker,
RESOLVED that the Supervisor be authorized to pay the audited vouchers as listed on the abstracts as follows:
PREPAID FUNDS: Abstract #3 for Voucher #s 3A, 3C and 3D for 2021 GENERAL FUND in the amount of $553.75, Voucher #3B for 2021 HIGHWAY FUNDS in the amount of $30.44, and Voucher #3D for 2021 STREET LIGHTING FUNDS in the amount of $73.93
GENERAL FUND: Abstract #3 for Voucher #44 through #60 for 2021 funds in the amount of $6,523.79 HIGHWAY FUND: Abstract #3 for Voucher #21 through #31 for 2021 funds in the amount of $15,047.61
SPECIAL FUND FIRE DISTRICT: Abstract #2 for Voucher #2 for 2021 funds in the amount of $50,158.50
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Tucker, Wright), Nay 0, Absent 1 (Szeliga)
Resolution #20 declared duly adopted.

ADJOURNMENT

Motion to Adjourn at 7:56pm made by Amber McKernan, second by Lydia Wright, Aye 4 (McKernan, Shrope, Tucker, Wright), Nay 0, Absent 1 (Szeliga)

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