town of franklin

Town of Franklin Board Meetings

Minutes Of The Public Hearing On Proposed Local Law #3 Of 2011 - Repealing Local Law #3 Of 2010 - Highway Supt. Health Insurance Payout And Monthly Town Board Meeting
June 8, 2011 - 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:

Town Clerk Sandra Oliver, Mark Jerry - M.A. Jerry, Doris Hamm, Frances Oliver, Karen Smalley, Ed Martin

PUBLIC HEARING

1. CALL TO ORDER

Supv. Willman called the meeting to order at 7:00 pm. The Pledge of Allegiance was recited, the Town Clerk called the roll, introduced guests, and declared the full board was present. The rules and regulations for public hearings are posted on the wall, and the newspaper in which the notice of the public hearing was available for inspection. Supv. Willman read the proposed local law"

"1. This Local Law is intended to repeal Local Law #3 of the year 2010 entitled "Highway Superintendent Health Insurance Buy-Out"; said local law #3 of 2010 is repealed in all respects.

2. This Local Law shall be effective immediately." He then asked for public comments.

2. PUBLIC COMMENTS AND QUESTIONS: None

3. ADJOURNMENT. At 7:02 PM, Supv. Willman requested a motion adjourning the public hearing. Motion to adjourn public hearing (C.Smalley-A.Berg m/s/p) ALL AYE.

MONTHLY TOWN BOARD MEETING

1. CALL TO ORDER

At 7:03 pm, Supv. Willman called the monthly board meeting to order, the Pledge of Allegiance having been recited and the roll having been called.

2. PUBLIC COMMENTS AND QUESTIONS:

GERALD SWINYER requested a date when the Highway Dept. would address the water issues on his property. When it rains water runs into his basement, and he has had two pumps operating 24 hours a day for the past month. Coun. Hamm replied the Department has been very busy working on Alder Brook Park Road and acting on various washouts and downed trees. He indicated the Department would be at his site this month (June 2011). Coun. Merrill commented the culvert that was removed last fall should be replaced. The concrete culvert was situated in a deep ditch which drained the entire area. When the culvert was removed it created a runoff problem. Coun. Hamm indicated the Highway Dept. will erect a water barrier this month. In addition, the County Highway Superintendent inspected the site twice; he recommended waiting until ground water table drops and that ground water is high everywhere due to the extremely heavy winter snowfall and wet spring. Coun. Hamm assured Mr. Swinyer that the delay was not personal, that the Department was extremely busy.

3. BUDGET AMENDMENTS. None

4. AUDIT OF CLAIMS

The following claims were submitted for approval and payment on Abstract 5 of 2011:
General FundVouchers 75 - 99$ 4,902.38
Highway FundVouchers 108 - 121$42,085.89
Prepay GeneralVouchers 15 - 19$5,595.74
The following claims were submitted for approval and payment on Abstract 1 of 2011:
Landfill FundVouchers 1 and 2$

Coun. Smalley queried the need for a new diamond blade for the pavement saw, and Supv. Willman replied when the Department used the saw at certain sites there was rebar which ruined the original blade. Motion to accept and pay claims (A.Berg-C.Smalley m/s/p) ALL AYE.


Supv. Willman recommended that the monthly Graphic Connections invoice be classified as a "Prepay General" claim as the amount is the same each month. Couns. Berg and Hamm concurred. Motion (D.Hamm-A.Berg m/s/p) ALL AYE

5. MINUTES.

The minutes of the May 11, and 25, 2011 meetings were accepted as presented. Motion (C.Smalley-A.Berg m/s/p) ALL AYE.

6. SUPERVISOR'S REPORT.

Balances as of March 31, 2011

General FundChecking$30,173.31
Savings127,054.42
CLASS107,293.96
Historian3,035.35
Highway FundChecking51,672.30
Savings469,531.18
CLASS188,253.85
Cap. Proj. Hwy.46,511.35
LandfillChecking6,311.23
CLASS44,049.78
Fire ProtectionChecking10,449.78
CLASS685.30
Capital Project Building5,437.49

Supv. Willman stated that interest derived from the CLASS accounts is lower than that paid by the Community Bank savings accounts, so the Town is keeping its money in the savings accounts.

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

7. TOWN CLERK'S REPORT.

REPORT For the month of May 2011

3 dog licenses$32.00
5 Building permits$351.00
Fax$2.75
Historical books$70.00
--------
$448.25
 
Paid to Supervisor$445.25
Paid to NYS Ag&Mkts (dogs)$3.00
 
--------
$448.25

Motion to accept Town Clerk Report (B.Merrill-C.Smalley) m/s/p) ALL AYE.

8. HIGHWAY MATTERS

A. SUPERINTENDENT'S REPORT.

Submitted by Highway Superintendent Jacques DeMars for the period May 12 through June 8, 2011:

Road work
• Roads closed: Alder Brook Park and west end of Bigelow Road.
• Brooming: All blacktop roads have been broomed.
• Raking: All gravel roads will be raked again soon.
• Ditching: Section of Fletcher Farm Road ditched - 2 culverts replaced. Currently ditching on Alder Brook Road and started Paye Road.
• Culvert replacement on Old State Route 3 (loop road).
• Replacement of steps on Garden Road
• Filled in washouts on Franklin Falls hill.
• Met with County Highway Superintendent regarding water issue near Gerry Swinyer's house on Swinyer Road. County Supt. indicated water is high everywhere.

B. HIGHWAY COMMITTEE.

Coun. Hamm stated the department had a plan in place for the Gerald Swinyer site, however, the department is very very busy dealing with other water issues. It will work to repair Franklin Falls hill as well. Supv. Willman asked whether the Highway Committee had seen ads for used rollers and if so, what size the Department would require. Coun. Hamm indicated individuals have rollers for sale and that 84" is too wide. However, the Department admires the roller used by the Town of Saranac which is 66 inches wide. Coun. Hamm will check.

9. NEW BUSINESS

A. AGREEMENT WITH M. A. JERRY. Tabled from May 11 and 25, 2011 meetings, Supv. Willman introduced Mark Jerry, President, M. A. Jerry, for a summary of the maintenance agreement matter. Mr. Jerry explained that International encourages dealers to offer municipalities lease agreements for large vehicles and as an incentive gives a discount to the dealer. When the Town contracted for the 2011 International tandem, M.A. Jerry included the discount in its bid. Subsequent to the Town's execution of documents for the 2011 tandem, International demanded a maintenance agreement from the Town to M.A. Jerry and because it was not forthcoming, issued a charge-back of approximately $49,000 to M.A. Jerry. Therefore, Mr. Jerry requested the Town execute a maintenance agreement strictly to clarify paperwork demanded by International - he emphasized the maintenance agreement would not affect the 8-year warranty purchased separately. Couns. Hamm and Merrill expressed grave concern that if the Town did not maintain its vehicles at M.A. Jerry's facility, International would not honor the warranty. Mr. Jerry again affirmed the warranty would be honored, and that the maintenance agreement included language covering that issue. Coun. Hamm indicated the matter was very confusing and was concerned about warranty invalidation. Coun. Smalley commented he understood Mr. Jerry's explanation and saw no impropriety and encouraged execution of the agreement in order to continue the Town's good working relationship with M.A. Jerry. Coun. Berg asked for confirmation that the truck was warrantied for 8 years, and Supv. Willman indicated, yes, the truck had an 8-year warranty and the engine a 7-year warranty. The warranty had been purchased outright in a separate transaction. Supv. Willman requested a motion for a resolution accepting the maintenance agreement and authorizing execution of same. Motion (C.Smalley-A.Berg). AYE: Willman, Berg, Smalley; NAY: Hamm, Merrill. Motion passed.

RESOLUTION NO. 35: ACCEPT MAINTENANCE AGREEMENT WITH M.A. JERRY FOR 2011 INTERNATIONAL TANDEM WHEREAS, in 2010 the Town of Franklin executed a lease agreement for a 2011 International tandem truck; and WHEREAS, International offers dealers a discount for contracting lease agreements with municipalities; and WHEREAS, M.A. Jerry, the dealer, passed the $7,800 International discount on to the Town; and WHEREAS, because International mandates a maintenance agreement between dealerships and lessees; and WHEREAS, because a maintenance agreement did not exist between M.A. Jerry and the Town (the Town has its own mechanic) International retracted the discount and charged M.A. Jerry for same; and WHEREAS, the 8-year warranty on the vehicle and 7-year warranty on its engine, purchased in a separate transaction, will remain unaffected by the maintenance agreement, even if the vehicle is not maintained at M.A. Jerry's facilities; and WHEREAS, both the Town and M.A. Jerry are desirous of continuing a good business relationship; NOW, THEREFORE, BE IT RESOLVED, the Town Board accepts the maintenance agreement with M.A. Jerry; and BE IT FURTHER RESOLVED, the Supervisor is authorized to execute same.

Those voting aye:

Supervisor Arthur P. Willman, Jr.
Councilman Clifford Smalley
Councilman Allen Berg

Those Voting Nay:

Councilman Donald Hamm
Councilman Bradley Merrill

Those Absent:

None

Those Abstaining:

None

The resolution is adopted.

Messrs. Willman and Jerry then executed the agreement, both signatures witnessed by the Town Clerk.

B. PROPOSED LOCAL LAW #2 OF 2011 - AQUATIC INVASIVE SPECIES PREVENTION. Coun. Merrill stated his opposition to the proposed local law on the grounds it was unenforceable. He reported he had spoken with various individuals at NYS Dept. of Environment Conservation at Ray Brook and in Albany. DEC officers and officials in Ray Brook referred him to Leslie Suprenant, Invasive Species Coordinator and Chair of the Invasive Species Council, created in 2008, consisting of representatives of DEC, Dept. Agriculture & Markets, Dept of Transportation, Dept. of Education, Office of Parks & Recreation, Secretary of State, New York State Thruway Authority, NYS Canal Corporation, and Adirondack Park Agency. This Council has drafted a proposed law which although not on the current docket, will be presented to the NYS Legislature to enact at some future date. The proposed legislation has been sent to State Senator Little and Assemblywoman Teresa Sayward. Ms.Suprenant acknowledged she is aware that towns have adopted laws, but State law is more desirable. DEC official Brian Hyuck is liaison between DCO's DEC's lawyers; he indicated the Towns' local laws are unenforceable, and that DCO's don't' generally enforce local laws and ordinances. Coun. Merrill reported that Mr. Hyuck suggested contacting the District Attorney to determine whether proposed local law #2 of 2011 would be enforceable. Coun. Merrill also spoke with Hilary Smith, representative of the Adirondack Trust, and coordinator of Adirondack Invasive Plants. She was enthusiastic about all local laws banning invasive species in order to protect the State's waterways. Coun. Smalley asked if the State Police would enforce the law, and Supv. Willman indicated since the Town has no constable or police force, the State Police are the law enforcement for the town. Coun. Berg asked if the proposed local law would cost the Town any money, and Supv. Willman indicated signage would be printed and posted. Coun. Hamm stated that if a water steward sees a boat with weeds hanging off it attempting to enter a town waterway and the boater refused to empty the bilge or clean the boat, the steward could call DEC. If DEC will not enforce the law, then perhaps a call to Ms. Suprenant will induce DEC to take action. Supv. Willman summarized, stating the State of New York is taking its time to enact any kind of aquatic invasive species prevention legislation. The Towns of Santa Clara has posted signs that it has adopted legislation, as does Harrietstown and Lake Placid. He continued, that the proposed State law must get through the Council and then to House and Senate committees before coming to either floor. The situation is critical. Coun. Merrill stated he didn't think the Town's local law will have any effect; we should support the DEC and a State law instead of the local law. Supv. Willman requested a motion for a resolution adopting the local law. Motion (C.Smalley-A.Berg) AYE: Willman, Berg, Hamm Smalley; NAY: Merrill.

RESOLUTION NO. 36: ADOPTION OF LOCAL LAW NO. 2 OF 2011 - AQUATIC INVASIVE SPECIES PREVENTION LAW WHEREAS, the Rainbow Lake Association expressed a need to protect the Town's waterways from invasive aquatic plants and animals; and WHEREAS, neighboring municipalities have enacted local laws to protect the waters of the Adirondack Park and local waterways; and WHEREAS, the proposed local law was introduced at the May 11, 2011 Board meeting, and a duly noticed public hearing was held on May 25, 2011 and review and discussions of the proposed local law were held by the Town Board; NOW, THEREFORE, BE IT RESOLVED, that the Town of Franklin Town Board hereby adopts Local Law No. 2 of 2011 "Town of Franklin Aquatic Invasive Species Prevention Law, as follows:

"LOCAL LAW #2 OF 2011 THE TOWN OF FRANKLIN AQUATIC INVASIVE SPECIES PREVENTION LAW ARTICLE A: INTRODUCTION

Section 1. Authority. This local law is adopted pursuant to the authority granted to the municipality in Section 10(1)(ii)(a)(11) of the Municipal Home Rule Law of the State of New York.

Section 2. Title. This local law shall be known as "The Town of Franklin Aquatic Invasive Species Prevention Law."

Section 3. Purpose. The purpose of this local law is to prevent the introduction and spread of aquatic invasive species into and within the waters of the Town of Franklin and thereby to protect aquatic native species populations, biodiversity and aquatic recreational activities for the public good.

Section 4. Applicability. The provisions of this local law shall apply in addition to the provisions of any other local law or ordinance adopted by the municipality. Where there is a conflict, the more restrictive provisions shall apply.

Section 5. Definitions. For the purposes of this local law, the following terms shall have the following meanings:

1. "Aquatic animals" shall mean an animal that spends part of its life in water, including, but not limited to, freshwater, estuarine and wetland species.

2. "Aquatic plants" shall mean plants living in the water or at the shoreline, and includes roots, rhizomes, stems, leaves or seeds, including freshwater, estuarine and wetland species.

3. "Boater" shall mean the operator of the boat or towing vehicle.

4. "Invasive Species" shall mean any species listed by the New York State Department of Environmental Conservation as being invasive to the waters of New York State. Such species include, but are not limited to Eurasian water milfoil (Myriophyllum spicatum), variable leaf milfoil (Myriophyllum heterophyllum), water chestnut (Trapa natans), curly-leaf pondweed (Potamogeton crispus) Brazilian waterweed (Egeria densa), zebra mussels (Dreissena polymorpha), and round goby (Neogobis mealnostomus).

5. "Standing water" shall mean bilge water and other water inside boat compartments that could easily be removed by pump or hand.

6. "Water body" shall mean any freshwater or estuarine lake, river, pond, stream or wetland existing in the state, whether publicly or privately owned, including the banks and shores thereof.

ARTICLE B: PROHIBITED ACTS (a) No watercraft or trailer shall enter or exit a water body of the Town unless the boater removes all aquatic plants and/or animals from inside and outside his/her vehicle, watercraft, trailer or any other equipment that had previously come into contact with any water body. The boater must also remove any standing water that is visible to the unaided eye from the boat and trailer before he/she enters a water body. Removed items must be discarded away from the shoreline, in such a manner as to prevent the removed items from re-entering the water body.

Exceptions:

1) Those persons with a permit to do such activities.
2) Those persons who legally purchased bait or harvested fish.
3) Those persons who have legally taken waterfowl.

(b) No person shall plant, transplant or introduce invasive species into, on or around the shorelines of any water body in the town of Franklin.

ARTICLE C: PENALTY FOR NONCOMPLIANCE Any person who violates this local law is guilty of a criminal violation, punishable with a maximum fine of two hundred fifty dollars ($250.00).

ARTICLE D: ADMINISTRATION AND ENFORCEMENT

Section 1. Complaints. Any person may file a complaint that a violation of this law may have taken place with any state, county or local law enforcement officer having jurisdiction.

Section 2. Enforcement. This law may be enforced by the New York State Department of Environmental Conservation, New York State Police, Franklin County Sheriff's Department, or any other law enforcement officer having jurisdiction.

ARTICLE E: ENACTMENT. This local law shall become effective upon its being filed with the New York State Department of State."

AND BE IT FURTHER RESOLVED, the Clerk shall sign, seal and forward same to the Department of State.

Those voting aye:

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

Those Voting Nay:

Councilman Bradley Merrill

Those Absent:

None

Those Abstaining:

None

The resolution is adopted.

C. RESOLUTION URGING STATE ADOPTION OF INVASIVE SPECIES PREVENTION Coun. Merrill and Supv. Willman suggested the Town Board urge its County, State and Federal representatives as well as all State departments, authorities and offices to adopt anti-invasive species legislation. The Board concurred. Motion (C.Smalley-A.Berg) m/s/p ALL AYE

RESOLUTION NO. 37: SUPPORT FOR NY STATE ADOPTION OF ANTI-INVASIVE SPECIES LEGISLATION WHEREAS, the health of residents and economy of the Adirondack region depends on pristine waterways; and WHEREAS, boaters and fishing enthusiasts may carry non-native invasive species (plant or animal) into area waters; and WHEREAS, municipalities and towns in the Adirondack Park are concerned for the welfare of their waters and have adopted local laws preventing the spread of invasive species; and WHEREAS, the State of New York has been slow to address the problem; and WHEREAS, the NYS Dept. of Environmental Conservation Invasive Species Council has drafted proposed legislation to address area concerns; NOW, THEREFORE, BE IT RESOLVED, the Town of Franklin Town Board, representing voters, property owners and taxpayers, hereby urges State adoption of anti-invasive species legislation proposed by the Invasive Species Council of the NYS DEC as follows:

"An Act to amend the Environmental Conservation Law, in Relation to preventing the spread of aquatic invasive Species The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§1. The environmental conservation law is amended by adding a new section 9-1713 to read as follows:

§ 9-1713. Aquatic invasive species; spread prevention.

1. For purposes of this section:

a. "Launch" means to place a watercraft into a waterbody for any purpose and any activity that takes place within fifty feet of the high water mark of the waterbody for the purpose of placing a watercraft into a waterbody, or entering a queue prior to launching.

b. "Person" means the same as that term is defined in section 1-0301 of this chapter.

c. "Waterbody" means the same as "waters" as defined in section 15-0107 of this chapter.

d. "Watercraft" means every motorized or non-motorized boat or vehicle capable of being used or operated as a means of transportation in or on water.

2. It shall be unlawful for any person to launch or attempt to launch a watercraft into a waterbody with any plant or animal, or parts thereof, visible to the human eye in, on, or attached to any part of the watercraft, including live wells and bilges; the motor, rudder, anchor or other appurtenants; any equipment or gear; or the trailer or any other device used to transport or launch a watercraft that may come into contact with the water.

3. It shall be unlawful for any person to enter a public highway after leaving a launch site without first removing by hand any visible plant or animal mater hanging or trailing from a watercraft's trailer, propeller, rudder or outboard motor.

4. The provisions of subdivision one of this section shall not apply to:

a. The carrying and use of bait for the purpose of fishing, consistent with all applicable laws and regulations related to bait fish;

b. The use of the above-water portions of native plants for camouflage of the watercraft for the purpose of hunting, consistent with all applicable laws and regulations related to the use, possession and harvesting of plants;

c. Pets or hunting dogs;

d. The intentional transport of plants or animals including for food and landscaping, provided they are fully and securely contained within or on board the watercraft; and

e. The use of plans or animals for habitat restoration, weed control, scientific research, aquaculture, or other activity, consistent with all applicable laws and regulations related to their use, possession or harvest;

§2. Section 71-0703 of the environmental conservation law is amended by adding a new subdivision 9 to read as follows:

9. Any person who violates section n9-1713 of this chapter shall be guilty of a violation and shall be punishable and liable to a civil penalty as provided in subdivision 1 of this section, provided, however, that upon any second or any subsequent conviction, the fine shall be not less than two hundred fifty dollars nor more than one thousand dollars.

§3. This act shall take effect on the ninetieth day after it shall have become a law." ;

and BE IT FURTHER RESOLVED, the Clerk will forward sealed copies of this resolution to Governor Cuomo, Senator Little, Senator Dean Skelos, Assemblywoman Duprey, Speaker Sheldon Silver, U.S. Senator Schumer, U.S. Senator Gillibrand, Congressman Owens, Federal Environmental Protection Agency, US Department of the Interior, New York State DEC, Dept Agriculture & Markets, Dept of Transportation, Dept. of Education, Office of Parks & Recreation, NYS Secretary of State, Thruway Authority, Canal Corporation and Adirondack Park Agency.

Those voting aye:

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

Those Voting Nay:

None

Those Absent:

None

Those Abstaining:

None

D. PROPOSED LOCAL LAW #3 OF 2011 The public hearing having been advertised and said hearing held earlier, Supv. Willman requested a motion for a resolution enacting the proposed local law, repealing local law #3 of 2010, Highway Superintendent Health Insurance Buyout. He noted the Board had already enacted resolution no. 33 removing health insurance from the compensation offered to any elected highway superintendent; this is considered a cost-savings to the taxpayers as the highway superintendent was the only elected official to enjoy health insurance coverage as part of his compensation. Motion (A.Berg-D.Hamm) AYE: Willman, Berg, Hamm, Smalley; NAY: Merrill

RESOLUTION NO. 38: LOCAL LAW #3 OF 2011 - REPEAL LOCAL LAW #3 OF 2010. WHEREAS, the elected highway superintendent had been the only elected official of the Town to receive health insurance benefits as part of his/her compensation; and WHEREAS, Local Law No. 3 of 2010 provided a buyout of those health insurance benefits in sum of $6,000; and WHEREAS, by Resolution No. 33 the 2011 Town Board removed health insurance coverage as part of the highway superintendent compensation; and WHEREAS, proposed local law no. 3 of 2011 was duly reviewed and discussed at the May 11, 2011 meeting and introduced, further reviewed and discussed at the special meeting on May 25, 2011; and WHEREAS, a public hearing was duly noticed and held on June 8, 2011; NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby adopts Local Law No. 3 of 2011 repealing in its entirety Local Law No. 2 of 2010, Highway Superintendent Health Insurance; and BE IT FURTHER RESOLVED, the Clerk shall sign and seal and file this local law with the Secretary of State.

Those voting aye:

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

Those Voting Nay:

Councilman Bradley Merrill

Those Absent:

None

Those Abstaining:

None

10. OLD BUSINESS

A. 284 AGREEMENT RE 2011 ROAD IMPROVEMENTS. A draft of the agreement between the Highway Superintendent and Town Board regarding moneys to be expended for road work was distributed to Board members. However, Supt. DeMars is waiting to learn the price of asphalt from Franklin County. Tabled to July meeting.

B. ASSESSMENT UPDATE. Thirteen grievances were heard by the Board of Assessment Review on Monday, May 31, including one stipulation.

C. LAND INVENTORY PROJECT. No progress to report.

D. INFRASTRUCTURE UPDATES.

1. Electrical Upgrade of Town Hall. Supv. Willman reported the Franklin Town Hall had its electrical system upgraded to 200 amps; the electrician will return to complete minor repairs.

2. Kitchen. With respect to the kitchen, Coun. Hamm spoke with Douglas Snickles concerning repairs to the roof, and Mr. Snickles will perform the repairs when his current workload is lessened. Supv. Willman has not yet located a used 3-bay sink for the Town Hall kitchen; Coun. Berg suggested advertising on Craig's list.

3. Air Conditioner. Coun. Hamm suggested the Town purchase a window air conditioner for the Town Hall; the seniors complained that the room is too hot in late afternoons and evenings. The Clerk mentioned that on 80 degree-plus days, the Town Hall is fine until 1 or 2 in the afternoon, but thereafter it is uncomfortable. Supv. Willman requested a motion for resolution authorizing the purchase of an air conditioner for the Town Hall. Motion (D.Hamm-C.Smalley m/s/p) ALL AYE

RESOLUTION NO. 39: AUTHORIZE PURCHASE OF WINDOW MOUNTED AIR CONDITIONER FOR TOWN HALL WHEREAS, during summer months, the Franklin Town Hall is in use during the evenings for various meetings and gatherings; and WHEREAS, the comfort of its residents and officials requires purchase of a window-mounted air conditioner; NOW, THEREFORE, BE IT RESOLVED, the purchase of a window-mounted air conditioner is hereby authorized.

Those voting aye:

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

Those Voting Nay:

None

Those Absent:

None

Those Abstaining:

None

E. DRY HYDRANT. Coun. Berg reported that the Loon Lake Homeowners Association has permission from Loon Gulf to erect a dry hydrant and platform on Blue Spruce Lane. The Board indicated written permission should be submitted before the Town expends any money to build a platform and install a dry hydrant. Supv. Willman requested a motion for a resolution. Motion (A.Berg-C.Smalley m/s/p) ALL AYE

RESOLUTION NO. 40: AUTHORIZE PUBLICATION RFP FOR DRY HYDRANT AND PLATFORM ON BLUE SPRUCE DRIVE WHEREAS, permission exist from Loon Gulf, the owner of property on Blue Spruce Drive; and WHEREAS, in order to further protect the property and personal belongings of taxpayers and residents of the area from fire, a dry hydrant should be installed and a wooden platform erected over the site; NOW, THEREFORE, BE IT RESOLVED, the Clerk is authorized to publish a request for price for both.

Those voting aye:

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

Those Voting Nay:

None

Those Absent:

None

Those Abstaining:

None

11. COMMITTEE REPORTS

A. AUDIT COMMITTEE. No report

B. CEMETERY COMMITTEE. . Coun. Merrill reported that Geomatics will provide a quote to grid out both the Vermontville and Merrillsville cemeteries. Coun. Hamm requested the gridding of the plots be performed carefully. The headstones should be headed west and noted that other headstones are touching his family's plot. Plots should be a 10-foot block with a 2-foot neutral zone. Coun. Merrill stated corner markers will be in place and the gravediggers do a 40-inch plot, although historically plots have been 48 inches. Coun. Hamm suggested stakes and lines be placed as the diggers place the burial site wherever the family wants. In addition, Coun. Hamm requested that the cemetery rules allow people to place a small arrangement of flowers at the grave. Coun. Merrill emphasized the need to have gridding done and replied that Vivian Manny, Cemetery Custodian, should be placing burial sites, not the diggers or the family. He added that the rules will be posted and will allow for small flower arrangements.

C. RECREATION COMMITTEE.

The Town Clerk is receiving applications for Park Program Assistant. The Summer Youth Program begins Monday, July 4th.

12. CORRESPONDENCE Supv. Willman read aloud the response of Assemblywoman Janet Duprey to the Town's opposition to additional state land purchases (2011 Resolution no. 14).

13. ANNOUNCEMENTS Free Rabies Vaccination Clinic 6:30 PM Monday, June 13, 2011.

14. QUESTIONS AND COMMENTS. Ed Martin thanked the Board for adopting the invasive species prevention law and also for the resolution in support of a similar state law.

15. EXECUTIVE SESSION - 8:45 PM. Supv. Willman requested a motion to enter executive session to discuss a personnel matter. Motion (A.Berg-C.Smalley m/s/p) ALL AYE.

16. RECONVENE BOARD MEETING - 8:55 PM. Motion to adjourn Executive Session and reconvene meeting (A.Berg-C.Smalley m/s/p) ALL AYE.

17. ADJOURNMENT

There being no further business to conduct, the meeting adjourned at 8:55 PM. Motion

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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