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Town of Franklin Board Meetings

Board members present:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Clifford Smalley
Councilman Donald Hamm
Councilman Bradley Merrill

Others Present:

Highway Superintendent Jacques DeMars, Town Justice Roger Symonds, Town Clerk Sandra Oliver, Vince & Sue Catlin Frances Oliver, Donald Vorrath, Vincent Pagano, Matt Jackson, Derek Romeo, Bruce Young, Ed Martin, Alleen Willman, Doris Hamm, Sandy Hayes, Barbara Karl, Jim & Nancy Hauber, Donald Goff, Dick Jarvis, Ed Baltzly, Julie Foley, __ Foley, __ Foley, Les Parker, Mark Kurtz, Jill Reymore, Bob Marrone, Leisa Almekinder, Barbara Rottier, Jason Alexander - WNBZ, Nathan Brown - Adirondack Daily Enterprise

1. CALL TO ORDER

Supervisor Arthur P. Willman, Jr. called the meeting to order at 7:00 pm. The Pledge of Allegiance was recited, the Town Clerk called the roll and introduced guests and declared the full board was present.

ORGANIZATIONAL BUSINESS

1. TOWN OF FRANKLIN 2010 BOARD APPOINTMENTS

Deputy Supervisor – Councilman Bradley L. Merrill has been appointed by Supervisor Willman as Deputy Supervisor with the powers and obligations accorded to him by law and will be paid $500 per year as per budget. A1220.4

Deputy Highway Superintendent. – Donald Oliver, Brighton, NY as been appointed by Highway Superintendent Jacques DeMars and will be paid $1,200. per year as per budget, to be renegotiated with each deputy each year.

Deputy Town Clerk. – Lauren LeFebvre Deputy Town Clerk/Tax Collector was selected by Sandra Oliver, Town Clerk. There is no salary for the position. Budget Officer. Richard Meagher has been appointed Budget Officer and will be paid $693. per year as per budget. A1340.4

Town Bookkeeper. – Richard Meagher will contract with the Town of Franklin for the position of Town Bookkeeper in the amount of $9,702. per year. A1320.4

Town Historian. – To be determined. A stipend of $800 is budgeted for this position. A7510.4

Registrar of Vital Statistics – Sandra J. Oliver, Town Clerk, will be Registrar of Vital Statistics and will be paid $400. as per budget. A4020.4

Fixed Assets – Sandra J. Oliver, Town Clerk, will be Fixed Asset Officer and will be paid $400. per year. A1410.4

Court Clerk – Meredith Symonds has been re-appointed Court Clerk at an hourly rate of $11.12. A1130.1

Supervisor's Confidential Secretary. – Melissa Begor has been re-appointed Confidential Secretary to the Supervisor at an hourly rate of $11.12.

Codes Enforcement Officer. – Ed Lagree is Codes Enforcement Officer. The Town of Franklin has contracted with the Town of Santa Clara, renewed every 2 years at the rate of $19,575. A3010.4

Process Server – Brian Manny will continue to serve as Process Server and will receive $250. per year.

Cemetery Custodian – Vivian Manny will continue to serve as Cemetery Custodian and will receive $650. per year. A8810.4

Cemetery Worker – The Town Custodian/Maintenance will maintain the Cemeteries. A8810.1

Assessor – Doug Tichenor will serve the first year of his 6-year term and will receive a salary of $18,000. in the year 2009. A1355.1

Health Officer – George Cook, M.D., will serve as Health Officer at a yearly salary of $200. A4010.4

Official Town Newspaper – The Adirondack Daily Enterprise will be the Official Town Newspaper.

Board Liaison Committees. – The Board Chair shall select non-Board committee members.

Highway Committee – Allen Berg, Donald Hamm
Recreation Committee – Arthur Willman, Allen Berg
Assessor – Arthur Willman, Donald Hamm
Fire/Rescue – Allen Berg, Bradley Merrill
Celebrations – Clifford Smalley , Sandra Oliver
Cemetery Committee – Clifford Smalley, Bradley Merrill
Landfill Committee – Arthur Willman, Clifford Smalley
Building Committee– Donald Hamm, Bradley Merrill
Newsletter - Vincent Pagano, Edward Martin

Salaries – All salaries of elected and appointed officials are provided for in the 2009 budget.

Medical Insurance – The Town of Franklin will offer Health Insurance to the Highway Superintendent and the Town Custodian, non-union employees in the NYS Teamster's Health and Hospital Fund Medical Insurance Plan, as defined in the Contract with the Teamsters Union.

Pension Plan – The Town of Franklin has joined the New York State Retirement System to establish a legal pension plan and is offered to all town employees. All new employees must join the NYS Retirement Plan. Part-time employee membership in the NYS Retirement Plan is optional.

Official Depository – Community Bank, Broadway, Saranac Lake, NY, is the Official Depository for the Town of Franklin. The Town will also continue to contract with MBIA (CLASS) as a savings depository.

Petty Cash Fund – The Town Clerk/Tax Collector Sandra J. Oliver and Supervisor Arthur Willman have declined the option of a Petty Cash Fund.

Contracts – The Town will contract as follows:

Fire Protection–Bloomingdale Volunteer Fire Department
Rescue and Ambulance–Village of Saranac Lake, Saranac Lake Fire & Rescue Dept.
Basic and Advanced Life Support – FREMSA
North Country LifeFlight
Saranac Lake Civic Center
Franklin Snowmobilers, Inc.
Employee Assistance Service
Landfill monitoring - F.X. Browne
Codes Enforcement – Town of Santa Clara
Association of Towns (NY)
Adirondack Association of Towns
Franklin County Self-Insurance
Tri-Lakes Humane Society
Bloomingdale Boosters

Town of Franklin 55 Plus Club – The Town will continue to sponsor the 55 Plus Club and the Saranac Lake Adult Center as per budget. A6772.4

Board of Assessment Review Members – Jean Baltzly, Katrine Kretser, Roland LaPier, Lauren LeFebvre, and Mildred Vorrath will serve as members of the Board of Assessment Review. A1355.4

Ethics Committee Members – Paul F. Ward, Charlotte Mitchell and a yet-to-be named appointee will continue to serve as unpaid members of the Ethics Committee.

Attorney for the Town – James Martineau, Esq., will serve as the Attorney for the Town at the rate of $125.00 per hour, not to exceed $________. per year. A1420.4

Youth Program Director and Youth Program Assistant. – This position pays $9.00 per hour; Youth Program Director is appointed by the Town Supervisor upon the recommendation of the Recreation Committee. Kathy Drake has been appointed as Youth Program Director for 2007 and will be paid $11.39 per hour because of her experience. Assistants will be paid minimum wage.

Saranac Lake Area Fire Advisory Board. – Arthur Willman is appointed as Town representative to SLAFAB and Allen Berg is appointed as alternate representative.

Mileage Allowance – Reimbursement for mileage will be .45 cents per mile.

2. RULES OF PROCEDURE

The Rules of Procedure for regular and special Town Board meetings, workshops and executive sessions follow and replace and suspend all prior town board rules of procedure:

REGULAR TOWN BOARD MEETINGS

A regular town board meeting is one in which the town board meets once a month at a fixed time and place throughout the year to conduct town business. In the case of the Town of Franklin, regular town board meetings will be held once a month on the second Wednesday of the month at 7:00 P.M. The board will audit bills prior to the meeting - between 6:30 and 7:00 P.M.

Notice of Regular Town Board Meetings

After the town board establishes by resolution a regular fixed time and place for its meetings throughout the year, no other notice need be given to the members of the board. The Town Clerk is authorized by the Town Board to publish one Public Notice for the year stating the day, time and place for all regular Town of Franklin Board Meetings.

Rules of Conduct at a Regular Town Board Meeting

• The supervisor, when present, shall preside and act as chairperson. In his/her absence, his/her deputy shall act for him/her.
• Members of the board are to be recognized by the chairperson before addressing the rest of the board or the public.
• No member of the public shall be permitted to address the town board unless recognized by the chairperson. In that event, the person must identify himself /herself by clearly stating his/her full name and address and then stating the nature of his/her business.
• A period of 15 minutes will be aside at the start of each meeting for public comment or questions. Members of the public will be given 2 minutes to ask their question or make their comment. A sign-in sheet will be located near the front door. Any person wishing to speak during this comment period must so indicate by signing the sheet.
• The chairperson may set a limit on the time on each occasion which each member of the public addresses the board.
• Persons speaking to the town board with the consent of the chairperson shall address their remarks to the town board, not to other members of the audience.
• No such person has the right to demand an answer to a specific question from a member of the board. All such questions shall be directed to the chairperson, who may either answer them or refer the questions to a board member or the attorney for the town, if present. The answer may be deferred and subject to further review or study and answered at a later date.
• No member of the public or board shall engage in any demonstration, booing, hand clapping, or otherwise disrupt the formality of a town board meeting.

Town Board Resolutions

The adoption of resolutions is the most frequent type of formal action taken by the town board in its legislative and administrative capacities. Resolutions are often confused with motions. The latter are the vehicle by which resolutions are brought before a town board for action. The two can be used interchangeably. Typical examples of actions that require resolutions are as follows:

• transferring money from one budget to another
• establishing a salary
• designating depositories Town Board Voting at a Town Board Meeting The voting on every issue requiring a resolution, ordinance, or law shall be "ayes" and "nays" and the names of the members present and their votes shall be entered in the minutes of the town board.
• The supervisor is a member of the board and therefore must vote. He/she may also move or second resolutions.
• The town clerk or (in his/her absence) his/her deputy calls a roll of town board members on every issue in question before the town board.
• The town clerk must take minutes and keep a record of all proceedings of the board meetings, even though he/she is not a board member and does not have a vote. Regular Town Board Meeting Agendas
• A preliminary agenda will be developed by the supervisor and/or board members prior to the meeting and published via posting in public places, newsletter, and/or news media whenever practical.
• Because urgent issues may not be presented to the board until shortly before a town board meeting, a final agenda may not be adopted by the supervisor until shortly before the meeting.
• No additional matters are to be considered until each matter on the prepared agenda has been acted on by the town board.

Members of the public are invited to bring an issue, questions, or comments before the board in one of the following four ways:

1. by written request to be put on the formal agenda at least five business days before the scheduled regular town board meeting, or
2. by addressing the board at a segment set aside per the Agenda at the end of the meeting specifically for that purpose. The supervisor reserves the right to limit each speaker to three minutes. The speaker may request that the board have a special meeting at a later date to consider that particular issue. At the end of this session, the board will decide if such a meeting is feasible and will set a date and time for it, or
3. by addressing the board at the end of the meeting during a questions and answers segment.
4. Members of the news media may have ten minutes at the conclusion of the meeting to ask questions concerning matters that came up at the meeting.

Minutes of Regular Town Board Meetings

• The town clerk, when present, will record minutes of the meetings proceedings as prescribed by law and shall make such minutes available within two weeks of the meeting. In the absence of the town clerk, his/her deputy or another person appointed by the board shall take his/her place.

TOWN BOARD WORK SESSIONS

• A town board work session is held to discuss and deliberate matters that are coming up at the next regular board meeting, special board meetings, or public hearing. No votes will be taken at work sessions. As with all public meetings, the public is free to attend these sessions but are not to participate or ask questions. Members of the board are expected to attend work sessions when called for by the supervisor.

PUBLIC HEARINGS BY THE TOWN BOARD

A public hearing is a meeting of the board and the public regarding an important issue that may have a significant economic, environmental, or other serious impact on the town and its residents.

• The purpose of a public hearing is to give the public an opportunity to express its views.
• The public has the right to appear and give evidence and the right to hear and examine witnesses regarding the issue at hand.

Notice of Public Hearings

The supervisor will give notice of public hearings in writing to the board and town clerk ten days before the hearing, when possible. The town clerk will then post a notice of the hearing in at least one public location and will give notice to the news media at least 72 hours prior to the hearing.

Preparation for Public Hearing

A study or report should be prepared by an expert in the subject matter of the hearing, such person to be present to testify in favor of the proposal. Rules of Conduct at Public Hearings

1. COMMENTS AND QUESTIONS

• Oral Comments. The Town Clerk will maintain a sign-in sheet at the public information desk for each person who wishes to make oral comments. Anyone who wants to do so must enter his/her full name and address on the sign-in sheet, in the spaces provided. ANYONE NOT SIGNING THE SIGN-IN SHEET WILL NOT BE PERMITTED TO ADDRESS COMMENTS TO THE TOWN BOARD.
• Questions. The Chairperson will entertain questions from the floor. Questions shall be for the sole purpose of obtaining information about the subject matter of the public hearing or clarifying its provisions. Questions shall not have the intent of provoking a debate between the questioner and the Town Board or any individual in the audience.
• Written Comments. The Town Board will accept written comments on the subject matter of the public hearing PROVIDED ALL WRITTEN COMMENTS ARE GIVEN TO THE CHAIRPERSON BY THE END OF THE PUBLIC HEARING.

PRESENTATION OF COMMENTS AND QUESTIONS.

Presiding Officer. - The Town Supervisor or designee will preside over the public hearing, and act as Chairperson. In his/her absence, the Deputy Town Supervisor or designee will act as the Chairperson.

GROUND RULES FOR THE PRESENTATION OF COMMENTS

The purpose of a public hearing is to gather public comment on (subject of Public Hearing). The Board encourages all in attendance to offer comments and ask questions. However, a successful public hearing requires that some simple ground rules be followed. These ground rules will ensure that all in attendance are treated in a respectful and courteous manner, and that all who desire to speak will have the opportunity to be heard:

• No one may speak unless recognized by the Chairperson for that purpose. Upon recognition, the person must identify him/herself by clearing stating his/her full name and address.
• Anyone choosing to speak must address his/her remarks to the Town Board, and not to other members of the audience. Any debate between those "for" and those "against" the proposal must be strictly avoided.
• Oral comments can generally be delivered in five minutes. If there are a large number of persons wishing to speak, the Chairperson reserves the right, in its sole discretion, to strictly enforce the 5-minute rule, so that all who wish to speak may have an opportunity to do so.
• The Town Board is here to listen to the public's comments, and to answer questions about the Preliminary Budget. The Board is NOT here to express its own views or opinions thereon. The Board will NOT participate in a debate of the issues. We want your advice and assistance in coming to the proper conclusion on the issues involved. If you are in favor, simply tell us and give us your reasons why; and likewise, if you are opposed.
• No person has the right to demand an answer to a specific question from a member of the Board. As noted earlier, questions should seek clarification and information and should not lead to a debate of the issues. All questions are to be directed to the chairperson, who may either answer them or refer them to a Board member or the Attorney for the Town. The answer may be deferred and subject to further review or study and answered at a later date.
• No person may speak a second time until everyone who wants to speak has spoken.
• No member of the public or Town Board shall engage in any demonstration, booing, handclapping, or otherwise disrupt the formality of the public hearing.

The Town Clerk will be responsible for ensuring that these rules are followed.

ANYONE VIOLATING ANY OF THESE GUIDELINES WILL BE ASKED TO REFRAIN FROM DOING SO, AND MAY, IN THE SOLE DISCRETION OF THE CHAIRPERSON, BE ASKED TO LEAVE THE PUBLIC HEARING.

SPECIAL TOWN BOARD MEETING

Special town board meetings may be called by the supervisor at any time for urgent or lengthy issues or for any other important reason determined by the supervisor.

Notice of special town board meetings and rules of conduct are the same as for public hearings.

EXECUTIVE SESSIONS

Executive sessions may be held only after an open meeting is convened and a motion to hold an executive session, identifying the area or subject to be considered in such executive session, is adopted by the majority vote in the open meeting.

Executive sessions matters are restricted to:

• A matter which will imperil the public safety if disclosed.
• A matter which may disclose the identity of a law enforcement agent or informer.
• Information with respect to investigation or prosecution of a criminal offense which would jeopardize effective law enforcement if disclosed.
• Discussions relating to litigation.
• Matters relating to collective negotiations under the Taylor Law.
• Medical, financial, credit, or employment history of a particular person or corporation, re relating to appointment, promotion, demotion, discipline, or removal.
• Preparation, grading, or administration of examinations.
• Acquisition, lease, or sale of real property or securities when publicity would substantially affect the value.

Attendance is restricted to town board members and any other persons authorized by the board.

Minutes of executive session proceedings

Summary minutes must be made of any final determination taken by formal vote, including the date and the vote thereon; however, such summary should not include any matter which is not required to be made public under the Freedom of Information Law. Such summary minutes shall be available to the public within one week from the date of executive session. If no formal action was taken in an executive session, then no executive session minutes need to be taken.

Supv. Willman highlighted a change in the Rules, that at the beginning of each meeting, 15 minutes would be allotted for public comments and questions. Each individual should sign in, and will have 2 minutes for question or comment.

3. ADDITIONAL ITEMS

A. Mileage Reimbursement for Appointees. Appointees may submit a voucher for mileage reimbursement at $.45 per mile for travel on Town of Franklin business.

B. Intermunicipal Shared Services Agreements. The Supervisor is authorized to execute and the Town Clerk is requested to send Intermunicipal shared services agreements to the same municipalities as previously following consultation with the Highway Superintendent.

4. ADOPT ORGANIZATIONAL ITEMS.

Supv. Willman requested a motion for a resolution accepting the organizational items.

Motion for resolution. (C.Smalley-A.Berg (m/s/p) ALL AYE

RESOLUTION NO. 1: ACCEPT ORGANIZATIONAL ITEMS WHEREAS, the Town Board has reviewed the preceding organizational items and finds such items acceptable; NOW THEREFORE, BE IT RESOLVED, that the Franklin Town Board accepts the organizational items as set forth above.

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Clifford Smalley
Councilman Donald Hamm
Councilman Bradley Merrill

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

5. OFFICIAL UNDERTAKING

The Town Board has approved the procurement of a blanket undertaking from the LaBarge Agency, Inc., which is duly authorized corporate surety covering the officers, clerks, and employees of the town. Such approval assures that this blanket undertaking indemnifies against losses caused by the failure of officers or employees to faithfully perform their duties or by their fraudulent or dishonest acts.

Motion to accept Official Undertaking (B.Merrill-C.Smalley m/s/p) ALL AYE

RESOLUTION NO. 2: ACCEPT OFFICIAL UNDERTAKING WHEREAS, the Town Board has negotiated with LaBarge Agency, Inc. for procurement of a blanket undertaking, which is duly authorized corporate surety covering the officers, clerks, and employees of the town; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Franklin approves the purchase of such blanket undertaking which assures that this Undertaking indemnifies against losses caused by the failure of officers or employees to faithfully perform their duties or by their fraudulent or dishonest acts. The Clerk is directed to file same with the county clerk. The elected officers of the Town of Franklin hereby execute this undertaking as follows: WHEREAS, Arthur P. Willman, Jr., of the Town of Franklin, County of Franklin, New York, has been elected to the office of SUPERVISOR of the Town of Franklin; and WHEREAS, Allen S. Berg, of the Town of Franklin, County of Franklin, New York, has been elected to the office of COUNCILMAN of the Town of Franklin; and WHEREAS, Clifford P. Smalley, of the Town of Franklin, County of Franklin, New York, has been elected to the office of COUNCILMAN of the Town of Franklin; and WHEREAS, Donald M. Hamm, of the Town of Franklin, County of Franklin, New York, has been elected to the office of COUNCILMAN of the Town of Franklin; and WHEREAS, Bradley L. Merrill, of the Town of Franklin, County of Franklin, New York, has been elected to the office of COUNCILMAN of the Town of Franklin; and WHEREAS, Roger P. Symonds, Sr., of the Town of Franklin, County of Franklin, New York, has been elected to the office of TOWN JUSTICE of the Town of Franklin; and WHEREAS, Jacques DeMars, of the Town of Franklin, County of Franklin, New York, has been elected to the office of SUPERINTENDENT OF HIGHWAYS of the Town of Franklin; and WHEREAS, Sandra J. Oliver has been elected to the office of Town Clerk/Tax Collector of the Town of Franklin; NOW, THEREFORE, we as respective officers above, do hereby undertake with the Town of Franklin that we will faithfully perform and discharge the duties of our office, and will promptly account for and pay over all moneys or property received as a Town Officer, in accordance with the law; and This undertaking of the TOWN SUPERVISOR is further conditioned upon that he will well and truly keep, pay over and account for all moneys and property, including any special district funds, belonging to the Town and coming into her hands as such Supervisor; and This undertaking of the TOWN JUSTICE is further conditioned upon that he will well and truly keep, pay over and account for all moneys and property belonging to the Town coming into his hands as such TOWN JUSTICE; and This undertaking of the TOWN CLERK/TAX COLLECTOR is further conditioned that she will well and truly keep, pay over and account for all moneys and property coming into her hands as such Town Clerk/Tax Collector; and The Town does and shall maintain insurance coverage, presently with Argonaut Insurance Group, in the sum of $20,000.00 plus additional $350,000.00 for the Town Clerk/Tax Collector, $50,000.00 for the Town Supervisor and $50,000.00 for the Town Justice to indemnify against losses through the failure of the officers, clerks and employees covered thereunder faithfully to perform their duties or to account properly for all monies or property received by virtue of their positions of employment, and through fraudulent or dishonest acts committed by the officers, clerks and employees covered thereunder.

TOWN OF FRANKLIN
____________________________________	_______	_______
Arthur P. Willman, Jr., Town Supervisor	Date	Notary
____________________________________	_______	_______
Allen S. Berg, Councilman	Date	Notary
____________________________________	_______	_______
Clifford P. Smalley, Councilman	Date	Notary
____________________________________	_______	_______
Donald M. Hamm, Councilman	Date	Notary
____________________________________	_______	_______
Bradley L. Merrill, Councilman	Date	Notary
____________________________________	_______	_______
Jacques DeMars, Highway Superintendent	Date	Notary
____________________________________	_______	_______
Roger P. Symonds, Sr., Town Justice	Date	Notary
____________________________________	_______	_______
Sandra J. Oliver, Town Clerk/Collector	Date	Notary

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Clifford Smalley
Councilman Donald Hamm
Councilman Bradley Merrill

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

The Undertaking was immediately signed by the Town Board, Town Justice and Town Clerk.

Motion to adjourn organizational portion (D.Hamm-B.Merrill m/s/p) ALL AYE

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MONTHLY TOWN BOARD MEETING

The organizational matters having been adopted, Supv. Willman called the regular monthly meeting to order.

1. 2009 GENERAL FUND BUDGET AMENDMENT #6.

Supv. Willman requested a resolution transferring funds within the 2009 General Fund.

Motion for resolution (C.Smalley-A.Berg m/s/p) ALL AYE

RESOLUTION NO. 3: 2009 GENERAL FUND BUDGET AMENDMENT #6 WHEREAS, there is need to balance the 2009 General Fund Budget; NOW, THEREFORE, BE IT RESOLVED, the following transfers of funds are made:

FROM ACCOUNT	AMOUNT	TO ACCOUNT	AMOUNT
A1910.4	$6,954.00	A1420.4 Attorney CE	$585.00
A1355.4 Assessor	$5,198.00	A3310.4 Traffic Signs	90.00
		A7140.1 Recreation PS	$162.00
		A8810.4 Cemetery CE	$79.00
		A9960.8 Hosp Insur	$150.00

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Clifford Smalley
Councilman Donald Hamm
Councilman Bradley Merrill

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

2. 2009 HIGHWAY FUND BUDGET AMENDMENT #2.

Supv. Willman requested a motion for a resolution transferring funds within the 2009 Highway Fund.

Motion for resolution (C.Smalley-B.Merrill m/s/p) ALL AYE

RESOLUTION NO. 4: 2009 HIGHWAY FUND BUDGET AMENDMENT #2 WHEREAS, there is need to balance the 2009 Highway Fund Budget; NOW, THEREFORE, BE IT RESOLVED, the following transfers of funds are made:

FROM ACCOUNT	AMOUNT	TO ACCOUNT	AMOUNT
DA5148.4 Svcs	$24,340.00	DA5142.1 Snow Rem PS	$13,517.00
Other Govts	DA9060.8 Hosp Ins	$10,823.00

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Clifford Smalley
Councilman Donald Hamm
Councilman Bradley Merrill

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

3. 2010 GENERAL FUND BUDGET AMENDMENT #1

Supv. Willman requested a motion for a resolution transferring funds in the 2010 General Fund Budget.

Motion for resolution (B.Merrill-D.Hamm m/s/p) ALL AYE

RESOLUTION NO. 5: 2010 GENERAL FUND BUDGET AMENDMENT #1 WHEREAS, there is need to balance the 2010 General Fund Budget; NOW, THEREFORE, BE IT RESOLVED, the following transfer of funds is made:

FROM ACCOUNT	AMOUNT	TO ACCOUNT	AMOUNT
A8020.4 Planning CE	$1,000.00	A1220.4 Supv. CE	$1,000.00

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Donald Hamm
Councilman Bradley Merrill

Those Voting nay:

Councilman Clifford Smalley

Those Absent:

None

Those Abstaining:

None

4. REVISED DECEMBER 2009 ABSTRACT OF CLAIMS.

Copies of the revised December 2009 Abstracts of Claims for General and Prepay General Funds were distributed to the Board for their information. Supv. Willman asked that a motion be made accepting same.

Motion to accept revised December 2009 Abstracts (B.Merrill-C.Smalley m/s/p) ALL AYE

5. AUDIT OF CLAIMS

The following claims were submitted on Abstract #1 of 2010:

	General Fund	Claims 1 – 28	$27,723.93
	Highway Fund	Claims 1 – 9	18,200.04
	Prepay General	Claims 1 - 3	20.00

Motion to pay claims (C.Smalley-A.Berg m/s/p) ALL AYE

6. SUPERVISOR'S REPORT.

Balances as of December 1, 2009

General Fund	Checking	$27,808.07
	Savings	43,684.02
	CLASS	36,994.03
	Historian	3,031.05
Highway Fund	Checking	12,685.10
	Savings	179,431.25
	CLASS	42,487.21
	Cap. Proj. Hwy.	35,421.36
Landfill	Checking	24,236.69
	CLASS	28,966.39
Fire Protection	Checking	1,506.66
	CLASS	685.30
Capital Project Building		434.84

Supv. Willman indicated that the $25,000 transfer to Landfill checking had been in error; $2,500 should have been transferred. This will be corrected and will be reflected in next month's report.

Motion to accept Supervisor's Report (B.Merrill-A.Berg m/s/p) ALL AYE

7. HIGHWAY REPORT.

A. PROGRESS OF DEPARTMENT

Plowed/sanded on Dec. 9-18 and Dec. 22-31, 2009 and Jan. 1-12, 2010.
Received copy of CHPS check from Mary Ellen Keith
Received new ins. Cards for 2010
Received new beaver permit for 2010
Prioritizing road work for summer 2010, including cutting brush and shoulders, ditching, replacing culverts, etc.
On Jan. 4th, the 2-man 12-8 shift was reinstated.
Fuel, gas, maintenance reports handed to Town Clerk for Highway Committee.

B. VEHICLES:

Unit 3 - 2003 International tandem, taken out of service Dec. 15 – all welds broke on supports under box – repaired by Francis McAllister, Brighton and used Dec. 26th. This repair truck will get us through the winter.
Unit 2 – On Dec. 17th vehicle taken to M.A. Jerry for warranty repair – replaced oil cooler. Truck retrieved Dec. 28th.
Grader - In process of obtaining estimates for repair. Although used extensively in summer, unit is used in winter to remove dangerous ice buildup on roads.

C. COMMENTS AND QUESTIONS

Coun. Berg reported he received a complaint from a Goldsmith Rd. resident that the road had not been plowed. Supt. DeMars stated that with snowmobiler cars parked on Goldsmith near Rt. 3, it was impossible for a tandem plow to get through. In addition, the site seems to be privately owned, as a chain covers part of the old road. Coun. Merrill stated the Town has a right-of-way. Coun. Berg expressed concern whether fire engines or ambulances could reach an emergency on the road. Coun. Hamm stated the Town had an ordinance regarding parked vehicles on Goldsmith Road near Route 3. Hwy. Supt. DeMars requested a copy of the ordinance. Coun. Berg suggested vehicles might park on Thatcherville Road. A suggestion was made to request the State Police to patrol the area, but Coun. Hamm recommended signs be erected first, and Supt. DeMars indicated there were already numerous signs in the area about other matters. Supv. Willman suggested designated a parking area be created, even if it was not as convenient. In addition, when the Highway Dept. cannot plow because of parked vehicles, the plow driver should place notices on windshields regarding the Ordinance.

8. NEW BUSINESS.

A. CONTRACT WITH LIFE FLIGHT

Supv. Willman requested a motion accepting the contract with Life Flight and authorization to execute same.

Motion for resolution (B.Merrill-D.Hamm m/s/p) ALL AYE

8. NEW BUSINESS.

A. CONTRACT WITH LIFE FLIGHT

Supv. Willman requested a motion accepting the contract with Life Flight and authorization to execute same.

Motion for resolution (B.Merrill-D.Hamm m/s/p) ALL AYE

RESOLUTION NO. 6: ACCEPT CONTRACT WITH NORTH COUNRY LIFE FLIGHT AND AUTHORIZE SUPERVISOR TO EXECUTE WHEREAS, North Country Life Flight, Inc. is a not-for-profit, tax-exempt corporation which is responsible for all aspects of patient care by providing medical equipment, training medical personnel and administering the medical portion utilizing the New York State Police helicopter based in Saranac Lake and private fixed-wing aviation resources; and WHEREAS, New York State Police had private fixed-wing aviation resources do not provide a medically trained team or medical equipment for patient transports; and WHEREAS, the people Franklin, Essex, Clinton, Hamilton and St. Lawrence Counties receive a vital emergency medical service free of charge to critically ill and seriously injured patients, and, therefore municipal governments are requested to pledge monies for this worthwhile program; NOW, THEREFORE,
BE IT RESOLVED, that the Town of Franklin Town Board hereby authorizes the Supervisor to enter into a contract with North Country Life Flight, Inc. for the purpose of operating the medical component of the medevac program, which will serve its residents and visitors, and paying the amount of $1,400 which represents the Town's share for 2010; and BE IT
FURTHER RESOLVED, that the sum of $1,400 is hereby appropriated to Account A4540.4 for payment to North Country Life Flight, Inc.

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Donald Hamm
Councilman Bradley Merrill
Councilman Clifford Smalley

Those Voting nay:

Non

Those Absent:

None

Those Abstaining:

None

B. CONTRACT WITH JAMES MARTINEAU, ESQ.

Supv. Willman reviewed the terms of the contract with James Martineau, Esq., attorney for the Town, noting Mr. Martineau will charge $100 per hour except for attendance at Board meetings ($200 with a 2-hour maximum). Access to Mr. Martineau should be through Supervisor Willman.

Motion to accept contract (C.Smalley-A.Berg m/s/p) ALL AYE

RESOLUTION NO. 7: ACCEPT CONTRACT WITH JAMES MARTINEAU, ESQ. AND EXECUTE WHEREAS, James Martineau, Esq., ___________________________, has been offered and has accepted the appointment as Attorney to the Town; and WHEREAS, Mr. Martineau has prepared a contract for such purpose; NOW, THEREFORE,
BE IT RESOLVED, that the James E. Martineau, Jr., Esq., be appointed attorney for the Town of Franklin with the salary of $200 per meting attendance at any meeting exceeding one hour and a legal rate of $100 per hour for any legal work performed by the attorney and that the term of appointment shall begin on January 1, 2010 and end on December 31, 2010, or if sooner terminated by the Town or the attorney with 30 days' prior written notice; and BE IT
FURTHER RESOLVED, that the Town Board of the Town is aware that the Attorney will be called upon to devote additional professional time to matters regarding litigation and matters concerning special projects which require devotion of extensive professional time not envisioned to and to be encompassed in the regular attorney's salary. Therefore, it would be inappropriate to charge these additional services to the salary for meetings assigned to this position and that these services will be paid for in addition to the annual salary for meetings, and the Town does hereby agree to pay said attorney for services relative to litigation, special improvement districts and any other matters subsequently deemed by this Town Board to be over and beyond regular Town Attorney duties at an hourly rate of $100 per hour upon submission of an itemized voucher and proper proof of services.

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Donald Hamm
Councilman Bradley Merrill
Councilman Clifford Smalley

Those Voting nay:

Non

Those Absent:

None

Those Abstaining:

None

The contract was signed by the Board.

C. CONTRACT WITH TRI-LAKES HUMANE SOCIETY Supv. Willman reviewed the terms of contract with Tri-Lakes Humane Society., Inc., Saranac Lake, as dog control officer, noting the annual cost of the contract is $__________. He requested a motion for a resolution accepting same.

Motion for resolution (C.Smalley-D.Hamm m/s/p) ALL AYE

RESOLUTION NO. 8: ACCEPT CONTRACT WITH TRI-LAKES HUMANE SOCIETY AND AUTHORIZE SUPERVISOR TO EXECUTE SAME WHEREAS, the Town of Franklin requires a dog control officer; and WHEREAS, Tri-Lakes Humane Society, a not-for-profit, no-kill animal shelter, has served the Town well in this capacity; NOW, THEREFORE,
BE IT RESOLVED, that the Town of Franklin Town Board hereby accepts the contract with Tri-Lakes Humane Society, term from January 1, through December 31, 2010; and BE IT
FURTHER RESOLVED, the Supervisor is authorized to execute same.

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Allen Berg
Councilman Donald Hamm
Councilman Bradley Merrill
Councilman Clifford Smalley

Those Voting nay:

Non

Those Absent:

None

Those Abstaining:

None

D. AD FOR POSITIONS OF HISTORIAN AND ETHICS COMMITTEE MEMBER.

"The Town of Franklin is seeking applicants for the positions of Town Historian and Member of the Ethics Committee. The successful Historian candidate will be a resident of the Town of Franklin with an interest in local history. The Town Historian is responsible for some research, interpretation of past events and able to disseminate knowledge through lectures and exhibits. The appointed position receives an annual stipend as well as reimbursement for mileage. Applicants for the Ethics Committee should not be related to any employee or officer of the Town of Franklin. The Ethics Committee meets annually unless called upon to issue an advisory opinion to the Town Board relating to possible violations of Article 18 of the Ethics Law. This appointed position is voluntary and does not receive payment for services. Applicants should send a letter to the Town Clerk, P O Box 209, Vermontville, NY 12989 expressing their interest and outlining their qualifications for the positions."

Coun. Berg asked past Town Historian Councilman Merrill whether a historian should keep hours at the Town Hall, and Coun. Merrill replied that it was recommended but that there was no room in this Town Hall. As to whether the cost of a subscription to the Adirondack Daily Enterprise is borne by the Town, Coun. Merrill opined such a subscription was not necessary as the Saranac Lake Free Library maintains newspaper records. In addition news clippings are a fire hazard, and there is no space to maintain same. Supv. Willman requested a motion to publish.

Motion to publish (C.Smalley-A.Berg m/s/p) ALL AYE

E. ASSESSMENT UPDATE

Supv. Willman read the following letters from Assessor Douglas Tichenor:

(1) Letter received Dec. 22, 2009

"Mr. Danny Lancor, Ms. Cindy King, NYS ORPS, PO Box 309, Ray Brook, NY 12977
Re: Franklin 2010 Update

Dear Danny and Cindy:

I have made the decision to delay the assessment update in the Town of Franklin for yet another year. The new assessments will be applied to the 2011 roll, not 2010 as originally scheduled.

As you well know, in order for a mass appraisal project to be successfully implemented, the project needs full and unequivocal support from the Town Board. The Franklin Town Board has supported the project fully, by resolution, through all phases of this effort. However, this year's election has resulted in a new Town Supervisor and two new Town Board members. These individuals are not well apprised of the implications of a town wide revaluation and I will need this year to provide education to them on the assessment process and the need for assessment updates. I cannot do this adequately between January 1 and March 1. I have met with the new Supervisor to be, Art Willman, and he agrees that work shop sessions with me and you (ORPS) will greatly help in this education effort. I can then seek a resolution of support from the new town board.

The data collection is completed to my satisfaction with a good response from the data mailers. There are a couple properties that I would like to review more closely, though, and this delay will give me that opportunity. I ran valuation on the town and printed field review books. I am not satisfied with my results due to the lack of good viable raw land sales. The delay will give me time to review sales in adjoining towns to better trim my land tables. I am hoping that new land sales will surface in the coming months to guide me.

I truly thank you for your efforts on behalf of the town and I am confident that this further delay will result in better value estimates and a committed and educated Town Board. Sincerely, Douglas Tichenor, Assessor"

(2) Letter dated Jan. 5, 2010

"Mr. Art Willman, Supervisor, Town of Franklin, P O Box 209, Vermontville, NY 12989

Dear Art,

Congratulations on your new position! It was good to meet with you in December, and this is a follow up to that. I feel it is important for you and the Town Board to meet with me and our liaison with the NYS Office of Real Property Services 9ORPS), in a workshop session, for educational purposes on the function of the assessment process in the Town. I would suggest a meeting in February to give Sandy Oliver time to handle the January tax issues, for she would have to attend the workshop. I enclose a publication by ORPS relating to this topic for new municipal officials. Please feel free to disseminate this to your board.

I have also included a letter to ORPS indicating that I will be delaying the implementation of new assessments until the roll year 2011 (we are now in roll year 2010). This will give time for you and the board to gain an understanding of the process.

Art, I truly look forward to working with you and the rest of the Franklin Town Board. If you have any questions do not hesitate to stop by here at the Harrietstown Office of phone me at 891-0436 or 483-0188 at home. Sincerely, Douglas Tichenor, Assessor, Town of Franklin"

A workshop will be scheduled one evening in mid-February.

F. REPEAL OF LOCAL LAW #2 OF 2009 - PLANNING BOARD

Supv. Willman requested a special board meeting for Wednesday, January 27, 2010 at 7:00 PM at which time discussion and a resolution to repeal Local Law No. 2, Creation of Planning Board, will be considered. James Martineau will be present and will write the resolution. Supv. Willman stated there was no money in the budget to train the appointed members of the Planning Board and that it would be a shame for such busy and intelligent individuals to waste their time attending meetings. Coun. Smalley stated that a great deal of time, talent and effort had gone into the adoption of Local Law #1 of 2009, Major Subdivision Control Law and Local Law #2 of 2009, Planning Board. The survey sent in March 2009 underscores the desire of property owners to have such land use control. Coun. Berg queried whether, if supporters of both local laws served the Board with petitions containing more than 400 signatures, whether the Board would lend credence to supporters' positions. Supv. Willman indicated it would, and countered that two petitions containing 200-plus signatures had been circulated last year and it appeared the will of the voters was not to support any land use legislation. He also stated the November 2009 election was a referendum on the matter. He requested a motion for a resolution authorizing the attorney for the town to draft a resolution for a public hearing on repeal of Local Law #2 of 2009.

Motion for resolution (B.Merrill-D.Hamm m/s/p) ALL AYE

RESOLUTION NO. 9: AUTHORIZE ATTORNEY FOR TOWN TO DRAFT RESOLUTION TO REPEAL LOCAL LAW 2 OF 2009 WHEREAS, Local Law #2 of 2009 contemplated adequate funding for education and training of Planning Board members; and WHEREAS, the 2010 Budget was cut drastically following adoption of said Local Law; and WHEREAS, care must be taken that Planning Board members not waste time attending meetings; and WHEREAS, procedures for adopting or repealing local laws must involve the attorney for the town; NOW, THEREFORE,
BE IT RESOLVED, that the Supervisor is authorized to request the attorney for the Town, James Martineau, to draft a resolution concerning the repeal of Local Law #2 of 2009.

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Donald Hamm
Councilman Bradley Merrill

Those Voting nay:

Councilman Allen Berg
Councilman Clifford Smalley

Those Absent:

None

Those Abstaining:

None

9. OLD BUSINESS

A. UNION NEGOTIATIONS. Supv. Willman stated he wanted to reopen negotiations with the Teamsters Union, and Coun. Berg concurred. Sending the matter to arbitration will be costly to both parties in morale and productivity. Supv. Willman indicated he had heard and read comments concerning the Highway Dept. employees, that some people think they should all be fired. All of the employees are covered by Civil Service law. He had spoken with the Union Shop Steward, who was also eager to recommence negotiations.

B. FIRE/RESCUE UPDATE. Supv. Willman affirmed that contracts with Bloomingdale Volunteer Fire Dept. and Village of Saranac Lake had been signed before the end of 2009. Coun. Berg reported he had seen advertisements in the newspaper for a full-time EMT.

10. COMMITTEE REPORTS

A. CEMETERY COMMITTEE. Supv. Willman stated he wanted to reopen negotiations with the Teamsters Union, and Coun. Berg concurred. Sending the matter to arbitration will be costly to both parties in morale and productivity. Supv. Willman indicated he had heard and read comments concerning the Highway Dept. employees, that some people think they should all be fired. All of the employees are covered by Civil Service law. He had spoken with the Union Shop Steward, who was also eager to recommence negotiations.

B. RECREATION COMMITTEE None.

C. FIRE/RESCUE UPDATE. Supv. Willman affirmed that contracts with Bloomingdale Volunteer Fire Dept. and Village of Saranac Lake had been signed before the end of 2009. Coun. Berg reported he had seen advertisements in the newspaper for a full-time EMT.

11. CORRESPONDENCE

A. APA and FRANKLIN COUNTY DEVELOPMENT AGENCY Hans Michelein has applied for approval to start an RV dealership on his property, mostly small campers, and a small store with RV supplies and parts. Supv. Willman applauded Mr. Michelein's enterprise, and the Board concurred.

B. CONFERENCE FOR NEWLY ELECTED OFFICIALS. Supv. Willman and Coun. Merrill attended the Assn. of Towns training last week and found it educational.

C. DR. WENDY UNGAR. Supv. Willman received a letter from Dr. Ungar, a Loon Lake property owner concerning the Code Officer's issuance of a certificate of occupancy despite undetected building infractions. Her repair costs total $30,000 and she is seeking redress. Supv. Willman inspected the drawings on file and confirmed that an engineer had stamped them. The Codes Officer does not evaluate structural members therefore redress should be sought from the builder and engineer. Coun. Smalley stated it would be a stretch to blame the Codes Officer. Supv. Willman concurred and indicated he would speak with Mr. Lagree about the matter. Coun. Hamm recalled that the house was built in mid-January.

D. STATE MERGER OF REAL PROPERTY SERVICES INTO TAX & FINANCE. Supv. Willman summarized an email from NYS ORPS announcing the proposed merger. He conjectured it would be the start of the State taking over all tax collection, an idea of which he finds unacceptable. A suggestion was made that the Board compose a letter opposing any such move.

12. QUESTIONS AND COMMENTS.

Q/C Regarding the newsletter, can a confidential database of email addresses of interested citizens be compiled? It will save money. The quarterly newsletter can be available in print format at the Town Hall as well.

A: Supv. Willman replied that was a good idea, and that the quarterly newsletter will be posted to the Town's website, as well as the Town Hall, Post Office and perhaps the Birch Bark Deli.

Q/C About the Union negotiations with the Union; it is a good idea to reopen negotiations. The men at the Highway Dept. do a good job and they deserve a raise, but not too much.

A. Supv. Willman stated he had been talking to the employees, who acknowledge the loss of overtime due to increased efficiency of shift work.

Q/C Are there good reasons for changing-eliminating the planning board? Much thought and effort went into the legislation on the planning board and major subdivision control laws. Six major purposes and procedures were incorporated into the provisions of the laws. It was recognizing that growth in the town would happen, but it would be desirable for the future of the town to have that growth guided in the best public interests of all town residents and taxpayers. The results of the community survey sent to all landowners in the town, those most affected by larger development of 5 or more lots, indicated a strong interest in reasonable subdivision controls by the town. The appointed planning board held its first meeting Jan. 5, 2010. Our agenda for the next meeting planned for February 2nd was to begin detailed discussions of the subdivision law and the reasons for each of the provisions. Coun. Hamm attended that meeting. We want to extend the invitation to all town board members to attend the next meeting to listen to the discussions. Do you accept the invitation? If you decide to proceed with the effort to repeal the law that created the planning board, you must ask yourselves what is wrong with the existing law, and what are the good reasons for change or elimination of the planning board. Factors to consider are: Time Management, Qualification, Training, Avoiding and dealing with conflicts of interest and Balance of Power. Please also let people know when your draft repeal of the law is available.

Also want to encourage the Board to extend best wishes to Bill Demong at the Winter Olympics.

A: Supv. Willman indicated the proposed repeal law will be available at the January 27th special meeting. He stated it was a campaign promise to review, revise or repeal the subdivision law. While the subdivision control law is under review, 7 people are spending their time on planning board meetings, and it is a waste of their valuable time. In addition, the 2010 Budget was slashed by $56,000, and there is no money left on the Planning Board line. Repeal of the planning board law will prevent people from wasting their time.

Q/C: Why are you scheduling a question and answer period at the beginning of each meeting? Don't questions usually arise out of the proceedings of a meeting?

A: Supv. Willman responded he wanted to allow people time both before and after board meetings to express their concerns. It will help to improve communication.

Q/C The Highway Dept. has done a fine job keeping Fletcher Farm Road clear.

Q/C Allowed comments are appreciated and we are encouraged by the Board. We wish you the best.

Q/C Glad to hear you will put aside 15 minutes at beginning and again at end of each meeting for comments.

Q/C Thank you. This Board is refreshing. It is good to be heard.

13. ADJOURNMENT

There being no further business, the meeting adjourned at 8:28 PM

(D.Hamm-B.Merrill m/s/p) ALL AYE

Respectfully submitted, Sandra J. Oliver, Town Clerk

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Town of Franklin

P.O. Box 209, Route 3, Vermontville, NY 12989
Tel: 518-891-2189 - Fax: 518-891-6389

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