June 9, 2022 Regular Board Meeting and Public Hearing

CALL TO ORDER
Meeting was called to order at 7:02pm by Deputy Supervisor Steve Tucker at the Brighton Town Hall, 12 County Road 31 (aka Jones Pond Road), Paul Smiths, New York, on Thursday, June 9, 2022, with the following:

Pledge of Allegiance to Flag was recited

ROLL CALL OF OFFICERS
PRESENT: Deputy Supervisor Steve Tucker
Council Members: Amber McKernan, Matthew Szeliga, and Lydia Wright
ABSENT: Supervisor Peter Shrope
OTHERS PRESENT: Andy CraryñSuperintendent of Highways, Anita Gochenaur-Deputy Tax Collector, Holly Huber-Tax Collector, Elaine Sater-Town Clerk and 1 resident
GUESTS: None

NOTICE OF MEETING:
Notice of this meeting was posted on the Town Clerk’s Sign Board. June 2, notice of Public Hearing was posted on the Town Clerk’s Sign Board and published in the Adirondack Daily Enterprise.

PUBLIC HEARING CABLE TELEVISION AGREEMENT WITH SPECTRUM NORTHEAST< LLC
Deputy Supervisor Steve Tucker opened the Public Hearing for Public Comment on the Cable Television Agreement with Spectrum Northeast, LLC at 7:04pm.
Comment made by Council Member Amber McKernan: Who is responsible for notifying the Grantee of any new development underground (Page 5, Section 6.3 of Agreement).
Comment made by Council Member Matthew Szeliga: There is a “Dig Safe” number to call.
There were no further comments.
Motion made to close the public hearing at 7:08pm by Amber McKernan, Second by Lydia Wright,
Aye 4 (McKernan, Szeliga, Tucker, Wright), Nay 0, Absent 1 (Shrope)

CABLE TELEVISION AGREEMENT RENEWAL
RESOLUTION #39-2022
CABLE TELEVISION AGREEMENT WITH SPECTRUM NORTHEAST, LLC
Motion made by Deputy Supervisor Steve Tucker, Second by Matthew Szeliga,
WHEREAS an application has been duly made to the Board of the Town of Brighton, County of Franklin, New York, by Spectrum Northeast, LLC, locally know as Charter Communications, a partnership organized under the laws of the State of New York doing business at 20 Century Hill Drive, Latham NY 12110, and holder of a cable television franchise in the Tow of Brighton for the approval of an agreement to renew the cable television franchise for an additional ten (10) years. The Franchise Renewal Agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, and certain court rulings. And
WHEREAS, a Public Hearing was held in the Town of Brighton on June 9, 2022, at 7PM and notice of the hearing was published in the Adirondack Daily Enterprise on June 2, 2022.
NOW THEREFORE BE IT RESOLVED that the Board of the Town of Brighton, Franklin County, New York, finds that:
1. Charter Communications has substantially complied with the material terms and conditions of its existing franchise and with applicable law; and
2. The quality of the Charter Communications service, including signal quality, response to customer complaints and billing practices has been in light of community needs: and
3. Charter Communications has the financial, legal and technical ability to provide these services, facilities and equipment as set for in its proposal attached; and
4. Charter Communications can reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. And
BE IT FURTHER RESOLVED that the Board of the Town of Brighton hereby renews the cable television franchise in the Town of Brighton for ten (10) years commencing on the date of approval by the Public Service Commission, and
BE IT FURTHER RESOLVED that the Board of Town of Brighton hereby confirms that this Franchise Renewal Agreement replaces the original franchise last amended August 23rd, 2012. And
BE IT FURTHER RESOLVED that Deputy Supervisor Steve Tucker be authorized to sign the Franchise Renewal Agreement for Cable Television Services with Spectrum Northeast, LLC, locally known as Charter Communications.
ROLL CALL VOTE: Aye 4 (McKernan, Szeliga, Tucker, Wright), Nay 0, Absent 1 (Shrope)
RESOLUTION #39 Declared Duly Adopted.

REPORTS

HIGHWAY – Superintendent of Highways Andy Crary:
Mowed the cemeteries, Town Park, Town Hall and Garage areas; patched pot holes; put out flags for Memorial Day, worked on the Tebbutt/Vosburgh Road prior to paving and completed paving Road; helped Harrietstown haul tar; checked Slush Pond and Mountain Pond Roads; made a dump run; need to have mowing contract with Franklin County signed; split the cost ($1,600 to $1,700) of a shoulder machine with Harrietstown; employee is out for medical issues; installed new fence guard and swings at Park: helped Fire Department with parking lot, hauled grindings from airport to garage.
Council Member Amber McKernan thanked the Highway Department for not mowing down the flowers at the Park.

RESOLUTION # 40-2022
MOWING CONTRACT WITH FRANKLIN COUNTY
Motion made by Deputy Supervisor Steve Tucker, second by Amber McKernan,
RESOLVED that the Town Board authorizes Deputy Supervisor Steve Tucker to sign the annual Mowing Contract with the Franklin County to mow County Roads 31, 55, and 60 (7.96 miles) and the County will pay the Town a total of $1,592.
ROLL CALL VOTE: Aye 4 (McKernan, Szeliga, Tucker, Wright), Nay 0, Absent 1 (Shrope)
Resolution #40-2022 Declared Duly Adopted

TOWN CLERK – Elaine Sater: Total revenue to Supervisor as of May 31, 2022, was $397.40 from 8 Certified Copies and 1 Genealogical Search, 2 new dog licenses (Tag #265 and #266) and 4 Building permits (BP#22-008 thru 011).
Received training document for Board of Assessment Review for Tom Seymour, dated May 11, 2022
TOWN HALL REQUESTS: Monday, June 20, Rainbow Lake Water Protection District, 9 -10am
TOWN PARK REQUEST: Sunday, May 29, Hutchins Family 10:30am-12:30pm; Saturday, June 25, Fobare Family, 2-4pm; and Saturday, July 2, Duchaine Family, 1-5pm
RECORDS MANAGEMENT: Indexing Vol 12 of Minutes (1981 thru 1984), shredding documents as per the LGS-01 Records Retention and Disposition Schedule.

HISTORIAN – Elaine Sater: Nothing to report

TAX COLLECTOR – Holly Huber:
Printed a check to refund the overpayment of taxes for each parcel for which the taxes were paid in full by 3/31/22. Mailed the checks with the accompanying revised bills, revised receipts and Town Resolution #25-2022 (Amended) to owners of record or mortgage servicers on 5/13/22, 6/1/22 or 6/2/22. As of 6/8/22, 322 of the 850 checks have been cashed totaling $81,255.41 (41%) of the $195,824.12 to be refunded. Bank Interest for May was $3.29.
Concerned about getting smaller checks cashed, received 10 phone calls concerning the checks, introduced Deputy Tax Collector Anita Gochenaur to the Board, she has done most of the work this year for tax collecting.
Need to have books audited, balance of checking account may not be zero, have already settled with the County.
Amber McKernan set a date of Thursday July 7, at 5pm for the audit.

TOWN JUSTICE – Nik Santagate: Supervisor Peter Shrope received a check in the amount of $1,190.00 for cases disposed during May

CODE ENFORCEMENT OFFICER – Paul Blaine: Issued 4 building permits (BPs) (BP#22-008 thru 011) and issued one Certificate of Occupancy (BP#21-013) and one Certificate of Compliance (BP #22-005).

ASSESSOR/DATA COLLECTOR – Roseanne Gallagher: No Report Received
Supervisor Peter Shrope received notification from the New York State Department of Taxation and Finance, Office of Real Property Tax Services, regarding the 2022 Final Equalization Rate of 65.5% for the Town. Board of Assessment Review Secretary Elaine Sater said the BAR met on Thursday, June 2, with two stipulations and no one appeared in person. Sent a copy of Local Law #1-1999 Grievance Day, to the Franklin County Real Property Tax Services per their request.

SUPERVISOR – Deputy Supervisor Steve Tucker:
A letter dated May 18, 2022, was sent to Paul Smith’s College in support of a grant for infrastructure
May 20, 23, and 31, Supervisor Peter Shrope chauffeured Assessor Roseanne Gallagher by boat to complete the data collection on Upper St Regis Lake for water access only properties.
June 8, Ribbon Cutting Ceremony for Green Bus Stop at the corner of State Routes 30 and 86 was attended by Amber McKernan
Budget update as of May 31, 2022, was distributed to Town Board
Revenue received: $24,642.12 from Franklin County for Mortgage Tax, $1,600 for 8 cemetery plots, $1,190.00 from the Town Justice and $397.40 from the Town Clerk
NYCLASS investment interest received for May as follows: $46.52 for General Fund, Balance is $111,283.21, ($20,000 for Town Hall); $17.73 for Highway Fund, Balance is $42,409.57

ACCEPT/AMEND MINUTES
Regular Board Meeting May 12, 2022
Motion made by Amber McKernan, second by Lydia Wright, to accept the minutes of the Regular Board Meeting of May 12, 2022, with one typographical error correction on Page 4, Committees, Park and Recreation, ìisî should be ìitî. Aye 3 (McKernan, Tucker, Wright), Nay 0, Abstain 1 (Szeliga), Absent 1 (Shrope)

CITIZEN COMMENTS: None

BUSINESS

Town Hall Roof Project ñ Deputy Supervisor Steve Tucker: Discussion was held concerning the cost of the proposal by Northwest Engineering for an RFP and bid advertisement. Council members requested the Town Clerk provide each one a single sided copy of the proposal for further review. Note: The letter with the proposal is not addressed to the Town of Brighton.

Repair and Cleaning of Stones in Mt View Cemetery ñ Deputy Supervisor Steve Tucker: Received a quote from Pine Haven Tree Farm, LLC, regarding the repair and cleaning of stones in the Mountain View Cemetery, work as already begun in Section One on 16 stones.

RESOLUTION #41-2022
REPAIR AND CLEANING OF STONES IN SECTION ONE OF MT VIEW CEMETERY
Motion made by Deputy Supervisor Steve Tucker, second by Amber McKernan,
RESOLVED that the Town Board accepts the estimate of $11,145 from Pine Haven Tree Farm, LLC, of Paul Smiths, NY to provide cleaning and repair of 16 stones needing new foundations in Section One of the Mountain View Cemetery in Gabriels.
ROLL CALL VOTE: Aye 4 (McKernan, Szeliga, Tucker, Wright), Nay 0, Absent 1 (Shrope)
Resolution #41-2022 Declared Duly Adopted

Franklin County Multi-Jurisdictional Hazard Mitigation Plan Update – Deputy Supervisor Steve Tucker:
Received information from Friends of the North Country regarding the Franklin County Multi-Jurisdictional Hazard Mitigation Plan update.

RESOLUTION #42-2022
FRANKLIN COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE
Motion made by Deputy Supervisor Steve Tucker, second by Amber McKernan,
WHEREAS, the Town of Brighton, with the assistance from Friends of the North Country, has gathered information and prepared the Franklin County Multi-Jurisdictional Hazard Mitigation Plan and
WHEREAS, the Franklin County Multi-Jurisdictional Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000, and
WHEREAS the Town of Brighton is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Pan and the actions in the Plan, and
WHEREAS, the Town of Brighton has reviewed the Plan and affirms that the Plan will be updated no less than every five years,
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Brighton adopts the Franklin County Multi-Jurisdictional Hazard Mitigation Plan as this jurisdiction’s Natural Hazard Mitigation Plan and resolves to execute the actions in the Plan.
ROLL CALL VOTE: Aye 4 (McKernan, Szeliga, Tucker, Wright), Nay 0, Absent 1 (Shrope)
Resolution #42-2022 Declared Duly Adopted

Letter to Property Owner ñ Deputy Supervisor Steve Tucker: A letter was sent to the property owner of 427 County Road 60 (with pictures) to determine if the property owner is aware of what the property looks like.

COMMITTEES:
Adirondack Regional Airport – Amber and Tom McKernan: Provided an update on the construction ongoing at the Airport. Phase Two will include one runway being out of service for 4 to 5 days until all the work and paving is completed sometime in July. Other runways will be out of service over night.

Parks and Recreation – Peter Shrope/Amber McKernan: Four swing seats and the fence guard were received.

CITIZEN COMMENTS: None

AUDIT OF VOUCHERS

RESOLUTION #43-2022
AUDIT OF VOUCHERS
Motion made by Amber McKernan, second by Matthew Szeliga,
RESOLVED that the Supervisor be authorized to pay the audited vouchers as listed on the abstracts as follows:
PREPAID FUNDS: Abstract #6 for Voucher #s 6A through 6C for 2022 GENERAL FUND in the amount of $466.65 and Voucher #6C for 2022 STREET LIGHTING FUNDS in the amount of $55.47
GENERAL FUND: Abstract #7 for Voucher #92 through #112 for 2022 funds in the amount of $7,350.17
HIGHWAY FUND: Abstract #6 for Voucher #45 through #54 for 2022 funds in the amount of $117,721.44
ROLL CALL VOTE: Aye 4 (McKernan, Szeliga, Tucker, Wright), Nay 0, Absent 1 (Shrope)
RESOLUTION #43-2022 Declared Duly Adopted.

ADJOURNMENT
Motion to Adjourn at 8:45pm made by Amber McKernan, second by Lydia Wright; Aye 4 (McKernan, Szeliga, Tucker, Wright), Nay 0, Absent 1 (Shrope)

Respectfully Submitted, Elaine W. Sater, Brighton Town Clerk