Adirondack Town Of Franklin
Adirondack Town Of Franklin

Town of Franklin Board Meetings

Minutes of the Organizational and Monthly Town Board Meeting
January 9, 2013 - 7:00 PM

Board members present:

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

Others Present:

Highway Supt. Jacques DeMars, Town Clerk Sandra Oliver, Deputy Town Clerk Lauren LeFebvre, Doris Hamm, Edward Martin, Frances Oliver

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 2013 BOARD APPOINTMENTS

Deputy Supervisor: Clifford P. Smalley has been appointed by Supervisor Willman as Deputy Supervisor with all the powers and obligations accorded to him by law and will be paid $500 per year as per budget. (A1220.4)

Deputy Highway Superintendent: Brian Snickles has been appointed by Highway Superintendent DeMars and will be paid $1,200 per year as per budget. The stipend will be renegotiated with each deputy each year. (A5010.11)

Deputy Town Clerk: Lauren LeFebvre has been appointed by Town Clerk Oliver as Deputy Town Clerk/Tax Collector. There is no salary for the position. (A1415.1)

Budget Officer: Richard Meagher has been appointed Budget Officer and will be paid $730 per year as per budget. (A1340.4)

Town Bookkeeper: Richard Meagher will contractwith the Town for the position of Bookkeeper in amount of $10,187 per year. (A1320.4)

Town Historian: Kevin Ransom has been reappointed as Town Historian; the stipend for the position is $800 per year. (A7510.4)

Registrar of Vital Statistics: Sandra J. Oliver, Town Clerk/Tax Collector will serve as Registrar and will be paid $400 per year per budget. (A4020.4)

Fixed Asset Manager: Sandra J. Oliver will serve as Fixed Asset Manager and will be paid $400 per year. (A1410.4)

Court Clerk: Meredith Symonds has been re-appointed CourtClerk at an hourly rate of $11.92. (A1130.1)

Supervisor's Confidential Secretary: Melissa Begor has been re-appointed Confidential Secretary to the Supervisor at an hourly rate of $11.92. (A1310.1)

Codes Enforcement Officer: Robert R. Drosdowich has been re-appointed as Codes Enforcement Officer at a salary of $9,800 per year. (A3010.4)

Process Server: Brian Manny will continue to serve as Process Server and will receive $250 per year. (A3120.4)

Cemetery Custodian: Timothy Goff has been appointed as Cemetery Custodian and will receive $650 per year. (A8810.4)

Cemetery Worker: The Grounds Maintenance employee will maintain the Cemeteries. (A8810.1)

Assessor: Douglas Tichenor continues to serve as Assessor and will receive a salary of $18,000 per year. (A1355.1)

Health Officer: George Cook, MD, will serve as Health Officer at a yearly salary of $300. (A4010.4)

Official Town Newspaper: The Adirondack Daily Enterprise is designated as the Official Town Newspaper.

Board Liaison Committees: The Board Chair will select non-Board committee members:

Highway Committee - Allen Berg, Donald Hamm
Recreation Committee - Arthur Willman, Allen Berg
Assessment Committee - Arthur Willman, Donald Hamm
Audit Committee - Arthur Willman, Allen Berg
Celebration Committee - Arthur Willman, Clifford Smalley
Cemetery Committee - Clifford Smalley, Bradley Merrill
Fire/Rescue Committee - Arthur Willman, Allen Berg
Landfill Committee - Arthur Willman, Clifford Smalley
Building Committee - Donald Hamm, Clifford Smalley

Salaries: All salaries of elected and appointed officials are set out in the 2013 budget, as follows:

Supervisor - $13,260
Council Members - $15,504 (4 members)
Town Clerk - $18,000
Highway Superintendent - $54,876
Justice - $9,000

Medical Insurance: The Town has offered health insurance to the Buildings & Grounds general fund employee in the NYS Teamsters Health & Hosptial Insurance Plan, as defined in the contract with the Teamsters Union.

Pension Plan: The Town is a member of the NYS Retirement System and is offered to all Town employees. All new employees are obliged to join the Retirement Plan: Part-time employee membership inthe Plan is optional.

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

Petty Cash Fund: The Supervisor and the Town Clerk have declined the option of a petty cash fund.

Contracts: The Town will contract as follows:

Fire Protection - Bloomingdale Volunteer Fire Department
Ambulance - Saranac Lake Voluntary Ambulance & Rescue, Inc.
Ambulance - North Country LifeFlight
Childrens Activities - Saranac Lake Civic Center
Recreation - Franklin Snowmobilers, Inc.
Employee Services - Employee Assistance Service
Landfill monitoring - F.X. Browne
Municipal support - Association of Towns of the State of NY
Municipal support - Adirondack Association of Towns
Workers Compensation - Franklin County Self-Insurance
Animal Control - Tri-Lakes Humane Society
Childrens Recreation - Bloomingdale Boosters
Senior Citizens Activities - Town of Franklin 55+ Club (A6772.4)

Board of Assessment Review: Members are Jean Baltzly, Lauren LeFebvre, Jennifer Norman, Mildred Vorrath and Edward Martin. (A1355.4)

Board of Ethics: Members Paul F.Ward, Charlotte Mitchell and Thomas Bartiss will continue to serve as unpaid members.

Attorney for the Town: James Martineau, Esq. will serve as Attorney for theTown at the rate of $100 per hour, not to exceed $8,500 per year. (A1420.4)

Saranac Lake Area Fire Advisory Board: Arthur Willman is designated Town representative to the SLAFAB, and Allen Berg is designated alternate representative.

Mileage Allowance: Reimbursement for mileage for officers, employees and appointees in performance of business for the Town will be $.55 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 two 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.

  • 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 two 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 mentioned the previously-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. 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.

B. Prepayment of Certain Claims. Certain invoices are regularly received by the Town and delaying payment of same for Board approval results in interest being charged to the Town, the Supervisor, as chief financial officer of the Town, is hereby authorized to prepay those certain regularly-occurring claims prior to the monthly Town Board meeting; and the Town Board, at its regularly-scheduled monthly meeting, will approve vouchers for said claims.

C. Authorization to Publish Public Notices. The Town Clerk is hereby authorized to publish and post all public notices as required by the Town Board in the Official Newspaper, Adirondack Daily Enterprise, and other local newspapers.

4. ADOPT ORGANIZATIONAL ITEMS.

Supv. Willman requested a motion for a resolution accepting the organizational items.
Motion (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 (A.Berg-C.Smalley m/s/p) ALL AYE

Motion to accept Official Undertaking (C.Smalley-A.Berg 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 through New York Muncipal Insurance Reciprocal, 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 his 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 American Alternative 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 SupervisorDateNotary
__________________________________________________
Allen S. Berg, CouncilmanDateNotary
__________________________________________________
Clifford P. Smalley, CouncilmanDateNotary
__________________________________________________
Donald M. Hamm, CouncilmanDateNotary
__________________________________________________
Bradley L. Merrill, CouncilmanDateNotary
__________________________________________________
Jacques DeMars, Highway SuperintendentDateNotary
__________________________________________________
Roger P. Symonds, Sr., Town Justice DateNotary
__________________________________________________
Sandra J. Oliver, Town Clerk/CollectorDateNotary

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 and notarized.

ADJOURN ORGANIZATIONAL PORTION OF MEETING.

As no further organizational items required discussion or action, Supv. Willman requested adjournment at 7:15 PM. Motion to adjourn (C.Smalley-B.Merrill m/s/p) ALL AYE


MONTHLY TOWN BOARD MEETING

1. CALL TO ORDER.

The organizational matters having been adopted, the Pledge of Allegiance having been recited and the roll called, Supv. Willman called the regular monthly meeting to order at 7:16 PM.

2. PUBLIC COMMENTS AND QUESTIONS:

None

3. BUDGET AMENDMENTS

A. 2012 HIGHWAY FUND BUDGET AMENDMENT #2. Supv. Willman requested a resolution approving transfers within the General Fund. Motion (C.Smalley-D.Hamm m/s/p) ALL AYE.

RESOLUTION NO. 3: 2012 HIGHWAY FUND BUDGET AMENDMENT #2 WHEREAS, there is need to balance the 2012 ` Highway Fund Budget; NOW, THEREFORE, BE IT RESOLVED, the following transfers of funds are made:

FROM ACCOUNTAMOUNTTO ACCOUNTAMOUNT
DA 3960 Incrd Income [from FEMA)$88,682 DA5130.2 Mach Cap Eq$15,399
DA5130.4 Mach CE$7,415
DA5142.4 Snow Removal$65,868

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

B. 2012 GENERAL FUND BUDGET AMENDMENT #4. Supv. Willman requested a resolution approving transfers within the Highway Fund. Coun. Berg asked what the Motion (B.Merrill-D.Hamm m/s/p) ALL AYE.

RESOLUTION NO. 4: 2012 GENERAL FUND BUDGET AMENDMENT #4 WHEREAS, there is need to balance the 2012 General Fund Budget; NOW, THEREFORE, BE IT RESOLVED, the following transfers of funds are made:

FROM ACCOUNTAMOUNTTO ACCOUNTAMOUNT
A1990.4 Contingent$2,562 A1620.1 Bldgs PS$1,077
A170.4 Centr Mail$ 135
A7550.4 Celebration$ 150
A1910.4 Gen Insurance$4
A8810.4 Cemet CE$483
A9069.8 Health Ins $713

Those voting aye:

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

Those Voting nay:

None

Those Absent:

None

Those Abstaining:

None

4. AUDIT OF CLAIMS.

The following claims were submitted for approval and payment on Abstract 1 of 2013:

General FundVouchers 1 - 13 $31,005.13
Highway Fund Vouchers 1 - 10$45,889.03
Prepay GeneralVoucher 1$620.78

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

5. MINUTES

The minutes of the December 12, 2012 meeting were accepted as presented; the minutes of the special meeting held December 28, 2012 were accepted as amended, as Councilman Smalley was absent. Motion (C.Smalley-A.Berg m/s/p) ALL AYE

6. SUPERVISOR'S REPORT.

Balances as of December 1, 2012

General FundChecking$15,731.01
Savings57,102.30
CLASS87,323.20
Historian 3,037.46
Kate Mt Sp Reserve Fund
Cemeteries Sp Reserve Fund 200.00
Highway FundChecking 77,474.19
Savings131,824.92
CLASS538,347.50
Cap. Proj. Hwy. 46,524.34
LandfillChecking 8,445.36
CLASS34,060.59
Fire ProtectionChecking683.34
CLASS 685.30
Capital Project Building25,438.64

Motion to accept Supervisor's report (B.Merrill-D.Hamm m/s/p) ALL AYE

7. TOWN CLERK'S REPORT.

For the month of December 2012:

3 dog licenses$38.50
1 Building permits$120.00
1 Culverts$119.20
Vitals 6 death ctfs, 1 gen.$71.00
--------
$258.50
 
Paid to Supervisor$384.20
Paid to NYS Ag&Mkts (dogs) $57.00
--------
$441.20

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

8. TAX COLLECTION REPORT.

As of Jan 3, 2012, collections are at 1%, with total receipts of $12,032.96. The County Legislature mandated tax bills be mailed no earlier than December 31st.
Motion (B.Merrill-A.Berg m/s/p) ALL AYE.

9. CODES REPORT. Codes Officer Drosdowich submitted a written report for December 2012 in which one building permit was issued for $120 and 3 site visits were made. Codes collected $4,120.58 in fees for 2012, including 6 renewals, 1 certificate of occupancy and 4 demolition permits.

10. HIGHWAY REPORT

A. SUPERINTENDENT'S REPORT covering December 13, 2012 to January 9, 2013 period:

Road work

• Plowed and sanded when necessary
• Received overweight permit for Unit 7
• Submitted overweight permit renewal for Unit 11
• Received CHPS funds
• Received 2013 beaver permits
• 1 man on medical leave of absence.

Motion accept Highway Supt. report (C.Smalley-B.Merrill m/s/p) ALL AYE

B. HIGHWAY COMMITTEE.

Coun. Berg asked if the Department had begun pushing banks back, and Supt. DeMars indicated they had. Coun. Hamm inquired if the new 20-ton trailer was satisfactory, and if it was under cover. Supt. DeMars replied in the affirmative to both queries.

11. NEW BUSINESS

A. CERTIFICATE OF APPRECIATION. Vivian Manny served with dedication as Cemetery Custodian since 1983. The Town Board wishes to express its appreciation for the many years of outstanding service by extending to Mrs. Manny a Certificate of Appreciation. Motion (B.Merrill-C.Smalley m/s/p) ALL AYE.

RESOLUTION NO. 5: CERTIFICATE OF APPRECIATION FOR VIVIAN MANNY RETIRING CEMETERY CUSTODIAN WHEREAS, Vivian Manny has faithfully served the Town as Cemetery Custodian since January 1983; and WHEREAS, she has performed this duty for thirty years with outstanding devotion and diligence; NOW, THEREFORE, BE IT RESOLVED, the Town of Franklin Town Board hereby expresses its appreciation for the professional and dedicated manner in which Vivian Manny has performed as Cemetery Custodian for the Town.

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. STORAGE OPTIONS AT MERRILLSVILLE GARAGE At the December 12, 2012 meeting discussion was held concerning the need for a pole barn at the Vermontville Garage for storage. However, additional storage is necessary for Town Highway equipment, and Supv. Willman asked for the Board's thoughts on possibly expanding the Merrillsville Garage. The Board will consider the matter. Coun. Hamm suggested that the roller be stored in the Garage, and Coun. Merrill stated the debris surrounding the structure should be removed. Coun. Hamm then recommended that when Supt. DeMars has a "slow 1/2 day" that he use the backhoe to pull stumps and lay stone to level the area.

C. CONTRACT WITH ATTORNEY FOR TOWN. As part of the organizational portion of the meeting, James E. Martineau, Jr. has been appointed attorney for the Town. Supv. .Willman requested a resolution to that effect. Motion (A.Berg-C.Smalley m/s/p) ALL AYE.

RESOLUTION NO. 6: APPOINT JAMES E. MARTINEAU, JR. ATTORNEY FOR TOWN WHEREAS, James E. Martineau, Jr. has successfully served the Town as its attorney; NOW, THEREFORE, BE IT RESOLVED, that James E. Martineau is appointed Attorney for the Town of Franklin with a salary at the rate of $200 per meeting and an hourly rate of $100 for any legal work performed by the Attorney, and that the term of said appointment shall begin on January 1, 2013 and end on December 31, 2013, or if sooner terminated by the Town within 39 days' prior written notice; BE IT FURTHER RESOVLED, the Town of Franklin Board is aware that the Attorney for the Town will be called upon to devote additional professional time to matters regarding litigation and matters concerning special projects which require the devotion of extensive professional time not envisioned and to be compassed in the regular salary for the attorney. It would be inappropriate to charge these additional services to the salary for meetings assigned to this position and these services will be paid for in addition to the annual salary for meetings, the Town of Franklin hereby agrees 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 duties of the attorney for the Town at an hourly rate of $100 per hour upon submission of an itemized vouchers 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

12. OLD BUSINESS

A. MERRILLSVILLE GARAGE REPAIR. The overhead doors were installed. This project is completed and will be removed from future agendas.

B. VERMONTVILLE GARAGE REPAIR. All repair work was completed except the entry doors, which will need to be replaced. This project is completed and will be removed from future agendas.

C. HUD GRANT UPDATE. As reported earlier, no municipalities in Franklin County received grant funding.

D. NEW FIELDS AT THE RECREATION PARK. Nothing to report.

E. LAND INVENTORY. No progress, no report.

F. OIL-WATER SEPARATOR. No progress, no report

G. TOWN HALL DEFIBRILLATOR. Coun. Smalley urged the Board to publish RFP's for this, and the Board concurred. Motion (A.Berg-C.Smalley m/s/p) ALL AYE

RESOLUTION NO. 7: PUBLISH RFP FOR DEFIBRILLATOR FOR TOWN HALL WHEREAS, the Franklin Town Hall is used for public events; and WHEREAS, many public arenas have a defibrillator in the event of an individual suffering a heart attack; and WHEREAS, the Franklin Town Hall is also designated as an emergency shelter; NOW, THEREFORE, BE IT RESOLVED, the Town Board requests the Clerk to publish a request for prices for a defibrillator, easy-to-use, with instructions and/or training 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

13. COMMITTEE REPORTS

A. AUDIT No report. The monthly audit of tax collection will take place the first week of February, 2013.

B. CELEBRATION. No Report

C. CEMETERY COMMITTEE.
1. Supv. Willman signed the contract with GeoMatics for the survey and gridding of the Merrillsville Cemetery.
2. Coun. Hamm commented that there appears to be sledding occurring at the Franklin Falls Cemetery. Cars are parking atop the hill and the gravesites are undoubtedly being disturbed. Coun. Merrill indicated the Town cannot erect a gate to prevent this and recommended that Supv. Willman report the problem to St. Armand Supervisor Whitson.

D. RECREATION. 1. SKATING RINK. Supv. Willman reported that Lands & Grounds maintenance employee will plow an area at the Rec Park and will attempt to establish a skating rink. Ernie's has 50X50 tarpauline for about $227, and four tarps will be needed. Once the January thaw is over, perhaps an ice skating area can be established.

14. CORRESPONDENCE

Supv. Willman distributed copies of a letter from the Office of the State Comptroller that the Town had met the requirements of the 2% tax levy cap.

15. ANNOUNCEMENTS.

The Association of Towns conference is scheduled for Presidents' Weekend in New York City.

16. QUESTIONS AND COMMENTS.

None

17. ADJOURNMENT

There being no further business to discuss or conduct, the meeting adjourned at 7:55 PM. Motion (B.Merrill-A.Berg 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  ·  info@townoffranklin.com
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