February 9, 2023, Regular Meeting and Public Hearing (Draft)

The Regular Monthly Meeting for the Town Board of the Town of Brighton, Franklin County, NY, and a Public Hearing for Proposed Local Law #1 of the Year 2022 ìPrevention of Nuisance Alarmsî, was held Thursday, February 9, 2023, at 7:00pm, at the Brighton Town Hall, 12 County Road 31, Paul Smiths, NY, with the following:

CALL TO ORDER:
Meeting was Called to Order by Supervisor Peter Shrope at 7:04pm

ROLL CALL OF OFFICERS
PRESENT: Supervisor Peter Shrope
Council Members: Amber McKernan, Matthew Szeliga, and Steve Tucker
ABSENT: Council Member Lydia Wright
OTHERS PRESENT: Andy Crary-Superintendent of Highways, Russell DeFonce-Deputy Tax Collector, Elaine Sater-Town Clerk, and 2 members of the Paul Smiths-Gabriels Volunteer Fire Department (PSGVFD).
GUESTS: None

NOTICE OF MEETING:
Notice of this meeting and public hearing for Proposed Local Law #1 of the year 2022, ìPrevention of Nuisance Alarmsî was posted on the Town Clerkís Sign Board on February 2, 2023, and a notice was published in the Adirondack Daily Enterprise. Notices were distributed to Town Officials.

PUBLIC HEARING for Proposed Local Law #1 of the Year 2022, ìPrevention of Nuisance Alarmsî:
Supervisor Peter Shrope opened the floor to public comments on Proposed Local Law #1 of the Year 2022, ìPrevention of Nuisance Alarmsî at 7:05pm. This proposed law is replacing Local Law #1 of the Year 2009, ìPrevention of Avoidable Alarmsî based on Homeland Security definitions and with input from the Paul Smiths-Gabriels Volunteer Fire Department.
There were no comments from the floor
Public Hearing Closed at 7:08pm

LOCAL LAW #1 OF THE YEAR 2023, “PREVENTION OF NUISANCE ALARMS’
Motion made by Supervisor Peter Shrope, second by Steve Tucker, to
ENACT Local Law #1 of the Year 2023, as follows:
SECTION I. TITLE
A local law titled “Prevention of Nuisance Alarms in the Town of Brighton, Franklin County, New York.”
SECTION II. PURPOSE
It is the purpose of this local law to promote the health, safety, and general welfare of the residents of the Town of Brighton by reducing the number of nuisance alarms, thereby ensuring that fire and rescue emergency personnel will be available for actual emergencies. Nuisance alarms unnecessarily drain resources and require emergency responses which increase the risk of accidents and delay responses to real emergencies.
SECTION III. DEFINITIONS
For the purpose of this local law, the following words and phrases shall be defined as set forth below:
FIRE DEPARTMENT – those entities which provide fire protection to the Town of Brighton’s fire protection district.
ALARM SYSTEM – any mechanical or electrical device that is designed or used for the detection of fire, smoke, heat or flame serving a building or buildings, and which device emits a sound or transmits a signal or message when actuated; or which is connected to a central station or answering service for the purpose of reporting such alarms to emergency agencies. Multiple fire alarm receptors covering more than one building on a property will be considered one alarm system.
NUISANCE ALARM – An alarm caused by mechanical failure, malfunction, improper installation or lack of proper maintenance, or an alarm activated by a cause that cannot be determined.
EMERGENCY – an urgent need for assistance or relief to protect against immediate and potentially catastrophic personal injury or property damage occurring at or in close proximity to the alarm premises.
ALARM – any form of notification, either audibly or electronically transmitted to the fire department representing an emergency situation.
ALARM USER – shall include any person, business or institution who owns, leases or employs an alarm system within the Town of Brighton.
RECEPTORS – Those components in an alarm system which detect smoke, heat, flame or fire, which are dispersed throughout a building or buildings.
SECTION IV. ALARM USER LIABILITY
Alarm users shall be liable for all nuisance alarms which result in the dispatch of the fire department.
SECTION V. CIVIL PENALTIES
An alarm user with an alarm system shall be liable for the following civil penalties for nuisance alarms in each calendar year:
First through Third nuisance alarm: No charge/Warning letter only.
Fourth through twenty-fifth nuisance alarm: $250 Fine for each incident
Twenty-sixth and subsequent nuisance alarm: $500 Fine for each incident
SECTION VI. ADMINISTRATION
The town Code Enforcement Officer (CEO) shall be responsible for administering this local law. The CEO shall collect and keep records of all reported nuisance alarm incidents for each calendar year and prepare matters for civil court.
SECTION VII. NUISANCE ALARM INCIDENT REPORTING
Within fourteen (14) days of a nuisance alarm incident, the fire department shall send the CEO a written Nuisance Alarm Incident Report, either by fax, e-mail, or first-class mail. Such report shall include:
– The Alarm user’s name and address, if known.
– The date, time and location where the fire department was directed to respond to the nuisance alarm.
– A description of the incident which the fire department believes constitutes a nuisance alarm; and
– The name and signature of the fire department official completing the incident report.
SECTION VIII. HEARING PROVISIONS
Within fourteen (14) days of receiving a Nuisance Alarm Incident Report, the CEO shall send a written notice of the violation and a copy of the Nuisance Alarm Incident Report to the subject alarm user by first class mail. Such written notice shall also reference the total number of violations by the alarm user for the year and include either a warning letter or set forth a demand for the civil penalty owed for this particular violation. Such notice shall provide the alleged violator with the right to request a hearing or forward payment of the civil penalty within twenty (20) days of the date of the letter.
If a hearing is requested, or no fine paid within the requisite time period, then the CEO shall commence a civil action in a court of competent jurisdiction seeking judgment against the alleged violator for all appropriate civil penalties, costs and expenses.
The Town shall not seek judgment more than two years after the occurrence of the acts forming the basis of the violation.
SECTION IX. DISCLAIMER OF LIABILITY
The Town of Brighton and the fire department serving the Town of Brighton shall not be liable for any defects in the operation of emergency alarm systems nor for any failure to respond appropriately nor for any errors with respect to the installation, operation or maintenance of equipment, the transmission of alarm signals or messages or the relaying of such signals or messages.
SECTION X. SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this local law is for any reason held to be invalid by any Court of competent jurisdiction, such decision shall not affect the validity or the remaining provisions of this law.
SECTION XI. EFFECTIVE DATE
This local law shall be effective upon its filing with the New York State Secretary of State and replaces Local Law #1of the Year 2009; “Prevention of Avoidable Alarms in the Town of Brighton, Franklin County, New York”.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Szeliga, Tucker), Nay 0, Absent 1 (Wright)
Local Law #1 of the Year 2023 declared duly enacted.

REPORTS

Highway – Superintendent of Highways Andy Crary:
Replaced Hydraulic hose on 2015 plow truck; had to replace tire on 2015 plow truck, Bobís Auto Repair did the work; made a dump run; plowed and sanded roads; went to Plattsburgh for a windshield washer pump for 2015 plow truck; pushed back the banks at Fire Station, cut back banks around Town; greased the trucks; cleaned the shop floors; loader is acting up, code says itís overheating after 5 minutes of use, John Deere is looking into the matter, may have to rent a loader if it has to go into the shop for repair; received the mowing contract from Franklin County, needs to be signed.

RESOLUTION #10-2023
MOWING CONTRACT WITH FRANKLIN COUNTY HIGHWAY DEPARTMENT
Motion made by Supervisor Peter Shrope, second by Steve Tucker,
RESOLVED that the Town Board authorizes the Supervisor and Superintendent of Highways to sign an agreement with Franklin County Highway Department to mow the County Roads in the Town of Brighton during the summer in return for revenue in the amount of $180.00 per mile for a total of 7.96 miles for mowing twice, for a total of $2,865.60 upon completion and submission of a properly certified invoice.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Szeliga, Tucker), Nay 0, Absent 1 (Wright)
Resolution #10 declared duly adopted.

RESOLUTION #11-2023
RENTAL OF SNOW REMOVAL EQUIPMENT AS NEEDED
Motion made by Matthew Szeliga, second by Supervisor Peter Shrope,
WHEREAS the loader is acting up and shuts down after five minutes with a code of overheating and may have to go into the John Deere repair shop,
RESOLVED that the Town Board authorizes the Superintendent of Highways to rent snow removal equipment as needed.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Szeliga, Tucker), Nay 0, Absent 1 (Wright)
Resolution #11 declared duly adopted.

Town Clerk – Elaine Sater: Total Revenue to Supervisor as of January 31, 2023, was $ 60.00 from 2 Certified Copies Vital Records and 4 Dog Licenses renewed.
January 24 – Received notice dated January 18, 2023, from Franklin County Treasurerís Office listing all the payments made to the Town during 2022. Compared list to budget; all payments listed on Budget.
Audit of Town Clerk’s Financial Records completed with no findings by Town Board members Amber McKernan, Matthew Szeliga, and Lydia Wright.
January 26 – Verified names and email addresses for Town Officials with NYS Office of the Comptroller, Local Government and School Accountability.
Board of Assessment Review (BAR) Member Paul Pillis did not sign an Oath of Office within the 30 days of being appointed. This makes an official vacancy on the Board of Assessment Review (BAR). He is out of the state until spring.
February 2 – Posted notice of Public Hearing on Feb 9, 2023, at 7:05pm, for Proposed Local Law #1 for the year 2022 ìPrevention of Nuisance Alarmsî; notices distributed to Town Officials and published in the Adirondack Daily Enterprise.
TOWN HALL REQUESTS: Monday, February 27, Rainbow Lake Water Protection District, 9-10am
TOWN PARK REQUEST: None
RECORDS MANAGEMENT: Indexing Vol 13 of Minutes (1985 thru 1987), completed 1985
FOIL REQUESTS: February 7, received email from American Transparency from Boca Raton, FL, for openthebooks.com, requesting list of payments made to vendors from 2022. Emailed them the “.zip” file of abstracts of audited vouchers with check numbers. Received reply that this meets their FOIL request.

Historian – Elaine Sater: From the minutes of 1986
Organizational Meeting January 2 – New Supervisor Robert Workman takes over from Arthur Leavitt; wants meetings to start at 7:30pm in Town Hall; asked for a phone jack to be installed so he can set up an office in Town Hall; added Bank of Lake Placid to depositories for investments.
January 9, 1986 ñ Superintendent of Highways asked about getting a credit card for Highway expenses and travel. Discussion is still going on about closing the bridge on Split Rock Road, a warning of limited weight load has been posted and school bus garage notified. Discussion is still going on about bringing landfill operation into compliance with NYS DEC regulations.

Tax Collector – Elizabeth DeFonce:
Russ DeFonce Deputy Tax Collector gave report: Four checks were written to the Town Supervisor in the month of January in the full amount owed to the Town. There was one bounced check; the property owner was contacted and they sent a bank check right away. The first check to the Franklin County Treasurer’s Office was sent on February 2nd, in the amount of $600,000. Petty cash in the amount of $49.56 has been spent. Items purchased include a couple of new stamps and an inkpad for receipts (date “paid”) and one international stamp for mailing. The check deposit machine is now working, so there will be less trips to the bank. Mileage log was completed.

Town Justice – Nik Santagate: Supervisor received a check in the amount of $1,540.00 for 14 disposed cases during January.

Code Enforcement Officer – Rodger Tompkins: Issued 2 Building Permits (BP#23-001 and 002), one for a CO without a Building Permit and one to Paul Smith’s College for miscellaneous, there was no charge for either permit.
Town Clerk received notice of the filing of the Uniform Code Administration and Enforcement Report for 2022.

Assessor – Roseanne Gallagher: Nothing to report.

Supervisor – Peter Shrope:
Budget: Copy provided to Town Board members; Revenue received since last meeting $107,327.00, $166,044.76 and $187,572.03, for a total of $716,023 from Tax Collector; Town Paid in Full; $1,540 from Justice, and $60 from Town Clerk
NYCLASS: For January – General Fund interest $393.54, total $113,213.94 ($20,000 for Town Hall). Highway Fund interest $149.95, total $43,145.32.

Accept/Amend Minutes
January 12, 2023 – Organizational Meeting
Motion made by Amber McKernan, second by Matthew Szeliga, to accept the minutes of the January 12, 2023,
Organizational Meeting as written. Aye 3 (Shrope, Szeliga, Tucker,), Nay 0, Abstain 1 (McKernan), Absent 1 (Wright)

January 12, 2023 – Regular Board
Motion made by Amber McKernan, second by Matthew Szeliga, to accept the minutes of the January 12, 2023, Regular Board Meeting, as written. Aye 3 (Shrope, Szeliga, Tucker,), Nay 0, Abstain 1 (McKernan), Absent 1 (Wright)

CITIZEN’S COMMENTS: None

BUSINESS

Audit of Financial Records ñ Supervisor Peter Shrope: Three board members met to audit the 2022 Financial Records of the Town Clerk, Town Justice, and Town Supervisor on January 24, 2023, with no findings.

RESOLUTION #12-2023
AUDIT OF 2022 FINANCIAL REPCORDS OF TOWN CLERK, JUSTICE, AND SUPERVISOR
Motion made by Supervisor Peter Shrope, second by Matthew Szeliga,
RESOLVED that the Town Board accepts the audit of the 2022 Financial Records of the Town Clerk, Town Justice, and Town Supervisor on January 24, 2023, with no findings, as audited by three Council members Amber McKernan, Matthew Szeliga, and Lydia Wright.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Szeliga, Tucker), Nay 0, Absent 1 (Wright)
Resolution #12 declared duly adopted.

Real Property Assessment by KLW Municipal Inc. – Supervisor Peter Shrope: Received final Mass Appraisal Agreement from KLW. There are two choices of payment for KLW Municipal, Inc. for the real property assessment.

RESOLUTION #13-2023
PAYMENT FOR REAL PROPERTY ASSESSMENT BY KLW MUNICIPAL, INC.
Motion made by Supervisor Peter Shrope, second by Matthew Szeliga,
RESOLVED that the Town Board authorizes the Supervisor to choose Option 2 for the payment schedule for KLW Municipal, Inc. for the Mass Appraisal Agreement to be completed by 2024. Option 2 consists of 6 payments as follows: February 26, 2023 – $36,800, September 26, 2023 – $11,200, January 26, 2024 – $13,600, March 26, 2024 – $4,000, May 26, 2024 – $8,000, and July 26, 2024 – $18,400 for a Total Amount of $92,000.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Szeliga, Tucker), Nay 0, Absent 1 (Wright)
Resolution #13 declared duly adopted.

Emergency Operations Plan (EOP) Updates ñ Supervisor Peter Shrope: Changes were made to personnel and cell phones on Staffing Flow Chart Figure 2 and page 7-2 for the Emergency Operations Plan.

Camp Gabriels ñ Supervisor Peter Shrope: There is going to be a ìZOOMî meeting by Adirondack Architectural Heritage (AARCH) on February 15, concerning ìRethinking Vacant Historic Adirondack Prisonsî which includes Camp Gabriels.

Water Well ñ Supervisor Peter Shrope: Received information for the cost of drilling two wells, one at Town Hall and one at Town Garage. Funds to be used will be from the American Recue Plan Act (ARPA). Discussion was held on the benefit of two wells versus one well. If one well, two buildings would be affected if the well has problems.

RESOLUTION #14-2023
EMERGENCY DECLARATION FOR DRILLING OF TWO WELLS FOR GARAGE AND TOWN HALL
Motion made by Supervisor Peter Shrope, second by Matthew Szeliga,
WHEREAS the water in the Town Garage and Town Hall is not potable, and
WHEREAS the water in the Town Garage is starting to have a sheen to it and is affecting the pipes and equipment, and
WHEREAS the Highway Department is traveling 30 miles one-way to pick up drinking water for the Garage and Town Hall and during the next emergency may not have access to the drinking water source,
NOW THEREFORE BE IT RESOLVED that the Town Supervisor declares an Emergency Need for two wells, one at the Town Garage and one at the Town Hall, and
BE IT RESOLVED that the Town Board authorizes two wells be drilled as soon as possible to prevent any damage to pipes and equipment in the Town Garage and Town Hall, and
BE IT FURTHER RESOLVED that the quotes from Darren P. Wood of North Bangor, NY, be accepted to drill two wells at a cost of $25,950 each, and
BE IT FURTHER RESOLVED that the funds come from the American Rescue Plan Act funds already provided to the Town in 2022.
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Szeliga, Tucker), Nay 0, Absent 1 (Wright)
Resolution #14 declared duly adopted.

COMMITTEES: No Reports

CITIZEN’S COMMENTS: Amber McKernan commented on enjoying the Curling events at which she and Tom McKernan were volunteers at the Saranac Lake Civic Center during the FISU (International University) games. Several curling teams stayed at Paul Smithís College.

AUDIT OF VOUCHERS

RESOLUTION #15-2023
ADUIT 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 #2 for Voucher #s 2A through 2C for 2023 GENERAL FUND in the amount $621.54 and Voucher #2C for 2023 STREET LIGHTING FUNDS in the amount of $93.72
GENERAL FUND: Abstract #2 for Voucher #33 through #51, for 2023 funds in the amount of $8,819.32
HIGHWAY FUND: Abstract #2 for Voucher #13 through #21 for 2023 funds in the amount of $10,790.61
ROLL CALL VOTE: Aye 4 (McKernan, Shrope, Szeliga, Tucker), Nay 0, Absent 1 (Wright)
Resolution #15 declared duly adopted.

ADJOURNMENT
Motion to Adjourn at 8:10pm made by Amber McKernan, second by Matthew Szeliga
Aye 4 (McKernan, Shrope, Szeliga, Tucker), Nay 0, Absent 1 (Wright)

Respectfully Submitted, Elaine W. Sater, Brighton Town Clerk