town of franklin

Town of Franklin Board Meetings

Town Board Meeting
Monday, May 19, 2008 - 7:00 pm

The Town of Franklin Town Board held its duly noticed regular Town Board Meeting on Monday, May 19, 2008 at 7:00 pm at the Franklin Town Hall in Vermontville, NY.

Board members present:

    Supervisor Mary Ellen Keith
    Councilman Walt Kretser
    Councilman Allen Berg
    Councilman Clifford Smalley
    Councilwoman Janet Ordway

Others Present:

    Deputy Highway Supt. James Perry
    Town Clerk Sandra Oliver
    Richard Jarvis,Mark Kurtz, Lorrie Rumble, Jon MacDowell, Sandy Hayes, Mr. & Mrs. Jonathan Gorgas (& Lily), Chuck Bullis, Bradley Merrill, Karen Potts, James & Nancy James Hauber, Donald & Doris Hamm, Tom Bartiss

CALL TO ORDER

    Supervisor Keith called the meeting to order at 7:00pm; the Pledge of Allegiance was recited, and the Town Clerk called the roll, stating the full board was present.

AUDIT OF BILLS

    The following claims were presented for payment on Abstract #5:
    General Claims 97 - 122$6,243.88
    HighwayClaims 58 -71$10,712.11

    The following claims were presented for payment on Abstract #4:
    Prepay GeneralClaims 14 - 21$4,479.39

    Coun. Smalley asked about the new digital camera purchased for use by the data collectors this summer. The Town Clerk indicated the camera was kept in her fireproof safe, and an inventory tag identifying it as the property of the Town of Franklin has been attached.

    Motion to pay claims (J.Ordway-W.Kretser m/s/p) ALL AYE

MINUTES OF MEETINGS

The minutes of the April 14 regular board meeting and April 21 special board meeting were accepted as presented.

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

SUPERVISOR'S REPORT

    Balances as at April 30, 2008

    General FundCK$7,954.83
    SV$2,596.46
    CLASS$264,754.85
    Highway FundCK$52,525.06
    SV$127,396.11
    CLASS$463,029.64
    Cap Proj Hwy$44,990.76
    LandfillCK$492.32
    CLASS$60,728.93
    FireCK$13,445.84
    CLASS$2,773.48
    Cap. BuildingCLASS$169,687.30

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

HIGHWAY REPORT

    Deputy Highway Superintendent James Perry gave the following report regarding the Highway Dept.

    1. CURRENT ACTIVITIES.

      a. Brooming. Brooming activities occurred from April 16-May 15 in a slightly different manner. Excess sand at intersections and some front lawns was picked up and carted away. Because of manpower and time limitations the department was unable to get to all intersections and front lawns, but will try to continue sand pickup in future years. He stated that the department will grant requests for fill if residents telephone and noted the department will deposit fill in the nearest vicinity of work being performed.

      b. Cold Patching. Most of the potholes in town have been filled.

      c. Grading. Garden Road, Mud Pond Road from Co. Rt. 26 to steel deck bridge has been completed.

      d. Raking. French Road raked, and Goldsmith Road raking started.

      e. Scrap Metal Sale. Sold scrap metal from Garage and used proceeds to purchase cold patch.

      f. Excavating. In preparation for Garage refurbishment, the department started excavation around the building.

    g. Cleanup. Picked up piles of debris at Merrillsville Cemetery.

    2. FUTURE ACTIVITIES.

      a. Speed Limit Signs. New speed limit signs will be posted

      b. Preparation. All roads to be worked on this summer will be prepped.

      c. Grading. All dirt roads will be graded and raked.

    3. VEHICLES.

      a. New Tow-Behind Sweeper. Received new sweeper and used it to broom roads. It is now in storage ready to be used next year.

      b. Old Tow-Behind Sweeper. Rebuilt the old tow-behind for use this summer. Mr. Perry opined it would last until fall 2008.

    4. SECTION 284 AGREEMENT FOR 2008. Mr. Perry will consult with the Highway Committee and the County to revise the 284 Agreement for 2008. Some roads are in desperate need of resurfacing, and the busier roads in Town require attention. The lower part of Fletcher Farm Road (near Route 3) is badly damaged and will be repaired. Portions of Cold Brook Road and the Keith Road will be worked on. Supervisor Keith requested a resolution revising the Section 284 Agreement for 2008.

    Motion for resolution (W.Kretser-A.Berg m/s/p) ALL AYE

    RESOLUTION NO. 27: REVISE SECTION 284 AGREEMENT FOR 2008 WHEREAS, the agreement between the Highway Superintendent and the Town Board concerning repair of roads in the town during 2008 was made December 10, 2007 and forwarded to the Franklin County Superintendent of Highways on Dec. 20, 2007; and WHEREAS, since that time priorities have arisen which mandate correction of other roadways in the town; NOW, THEREFORE, BE IT RESOLVED, that the Town Board and Deputy Highway Superintendent agree to revise the Section 284 agreement for 2008 so as to correct problems on the following:

    • Cold Brook Road past steel bridge, a distance of .8 miles
    • From Rt. 3 on lower end of Fletcher Farm Road to intersection at Old County Route 3, a distance of .3 miles,
    • Keith Road, a distance of 1.1 miles.

    A copy of the revised agreement will be forwarded to the Franklin County Highway Superintendent.

    THOSE VOTING AYE:

      Supervisor Mary Ellen Keith
      Councilperson Janet Ordway
      Councilman Allen Berg
      Councilman Clifford Smalley
      Councilman Walter Kretser

    THOSE VOTING NAY:

      None

    5. RESPONSES TO RESIDENTS. Deputy Hwy. Supt. Perry has instituted a more responsive method of handling complaints from the public. He logs the complaint or question and takes action to respond thereto and will submit monthly reports. He will also drive to the residence in order to speak with the resident, and if no one is at home, will leave a tag on the door with his name and home telephone number. Requests and responses for the past 5 weeks:

    • On 4/23, Joan Tyler requested the buildup of sand be removed from her lawn
      • The grader removed the birm.
    • 5/5 Mrs. Miller on Rock St. reported the stop sign was falling down.
      • Sign pole replaced and reset on 5/6.
    • 5/8 the Town Custodian requested pickup of debris at Merrillsville Cemetery
      • 5/14 the loader retrieved the debris piles and backbladed the area. The side of the road was then broomed
    • 5/9 Karen Boldis called about ruts left in her lawn (message received on 5/12)
      • On 5/15 using the backhoe and 3 employees, the lawn was touched up.
    • 5/14 Don Hamm reported a washout at the end of Tyler Road.
      • 5/14 Inspection performed and crusher run was used to fill the washout. Additional crusher run will be added if necessary.
    • 5/19 Steve Farm requested excess sand be removed from his driveway
      • 5/19 two employees removed the sand.

      Mr. Perry requested that residents call the department to request assistance or register a complaint. He noted the department is now on “summer hours” - 6:00 am to 4:00 pm Monday through Thursday.

    6. NEW RECORD-KEEPING SYSTEMS.

      a. A new system for recording gasoline and fuel usage.

      b. New vehicle usage/mileage log system implemented.

      c. New vehicle maintenance log has been implemented.

    7. FUEL TANK IMPROVEMENTS. New meters have been installed on the fuel tanks and a structure built over the tanks. Doug Snickles submitted the lowest bid and was awarded the project. He did a very good job on the structure.

HIGHWAY COMMITTEE

    1. Coun. Kretser stated Mr. Perry's report was very good and his stepping in to take a leadership role in the department during a difficult time was laudable and is most appreciated by the Town Board. Coun. Berg commented he was pleased to see the comprehensive vehicle and fuel usage reports.

    2. LONG-RANGE PLANNING. Coun. Kretser the formation of a 3 to 5-year plan for road improvements was desirable. The Committee and Mr. Perry will update the 1982 Black River-St. Lawrence Planning document establishing road conditions and priority needs as time permits.

    3. PURCHASE OF NEW TANDEM. The 2000 tandem must be replaced; the unit will be offered for sale, and the proceeds used to make a down payment on a new vehicle. Supv. Keith reported the Board received instruction from Gary Gifford, NYS Comptroller's Office that requests for financing must be advertised simultaneously with the requests for prices, otherwise, a bond anticipation note must be advertised and special legal counsel retained. She requested a resolution from the Board authorizing publication of requests for prices on the tandem truck and financing.

    Motion for resolution (J.Ordway-C.Smalley m/s/p) ALL AYE

    RESOLUTION NO. 28: PUBLICATION OF REQUEST FOR BID FOR 2008 TANDEM TRUCK. WHEREAS, a replacement for the Highway Dept. 2000 tandem axle vehicle must be made this year; and WHEREAS, in accordance with the Procurement Policy of the Town of Franklin, requests for bids must be advertised; NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk is authorized to publish requests for prices of a 2009 tandem axle truck, bids to be accompanied by terms for lease/purchase and a non-collusive bidding certificate. The legal ad will be published for 3 days in the Adirondack Daily Enterprise, Press Republican, Albany Times-Union and the Syracuse Post-Standard.

    THOSE VOTING AYE:

      Supervisor Mary Ellen Keith
      Councilperson Janet Ordway
      Councilman Allen Berg
      Councilman Clifford Smalley
      Councilman Walter Kretser

    THOSE VOTING NAY:

      None

    4. SALE OF 2000 TANDEM. The 2000 tandem axle vehicle must be sold and proceeds of sale used for down payment of a new vehicle. James Perry, Deputy Highway Supt. and Michael Canty, MEO, have drawn up a detailed list of repairs made to the vehicle and they will be made available to bidders. Mr. Perry noted that the vehicle has new tires, a new battery and it runs well. Coun. Kretser suggested the price advertised be $40,000. Supv. Keith requested authorization to publish the request for bids. Motion for resolution (W.Kretser-A.Berg m/s/p) ALL AYE

    RESOLUTION NO. 29: PUBLICATION OF REQUEST FOR BID FOR 2000 TANDEM TRUCK AS SURPLUS EQUIPMENT WHEREAS, a replacement for the Highway Dept. 2000 tandem axle vehicle must be made this year; and WHEREAS, in accordance with the Procurement Policy of the Town of Franklin, requests for bids to must be advertised; NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk is authorized to publish requests for bids on the Town's 2000 tandem vehicle, asking price $40,000. The legal ad will be published for 3 days in the Adirondack Daily Enterprise, Press Republican, Albany Times-Union and the Syracuse Post-Standard.

    THOSE VOTING AYE:

      Supervisor Mary Ellen Keith
      Councilperson Janet Ordway
      Councilman Allen Berg
      Councilman Clifford Smalley
      Councilman Walter Kretser

    THOSE VOTING NAY:

      None

QUESTIONS AND COMMENTS RE HIGHWAY MATTERS

  • Will the work on Fletcher Farm Road include culverts and drainage?
    • Yes. The department will, to the best of its ability, do a complete job.
  • Coun. Ordway asked if the new employee started this morning.
    • Mr. Perry responded that he had.

    The Board thanked the Deputy Highway Superintendent for his report, for his leadership and report. Mr. Perry then left the meeting.

NEW BUSINESS

    1. POSTPONE JUNE BOARD MEETING FOR ONE WEEK. The Town Clerk will be out of town the second week of June. Supv. Keith requested the Board postpone the June 9 board meeting to Monday, June 16. The Board concurred, and the Town Clerk was requested to advertise the change of date.

    RESOLUTION NO. 30: CHANGE JUNE MEETING DATE FROM 9TH TO 16TH WHEREAS, the regularly-scheduled meeting for June 2008 falls on a date when the Town Clerk will be unavailable; NOW, THEREFORE, BE IT RESOLVED, that the monthly Town Board meeting date is hereby changed from Monday June 9th to Monday June 16, 2008.

    THOSE VOTING AYE:

      Supervisor Mary Ellen Keith
      Councilperson Janet Ordway
      Councilman Allen Berg
      Councilman Clifford Smalley
      Councilman Walter Kretser

    THOSE VOTING NAY:

      None

    2. WORKPLACE VIOLENCE POLICY. Supervisor Keith requested that the adoption of the workplace violence and possible revision of the Employee Handbook be tabled until the June meeting. The Board concurred.

    3. TOWN CLERK/TAX COLLECTOR.

      a. Report on Town Clerk Conference. The Town Clerk attended the NYS Town Clerk Conference in Saratoga Springs April 28-30

        (1) Undertaking. At one session a report was given concerning the insurance policy of all elected officers and to the surprise of almost everyone in attendance, a notarized resolution containing signatures of all elected officers must be on file in the Town Clerk's office. Normally this would be done at the first meeting of the year. Ms. Oliver emailed copies of the sample document to the Town Board and consulted the attorney for the Town. The Clerk requested a resolution to that effect.

        Motion for resolution (M.Keith-A.Berg m/s/p) ALL AYE

        RESOLUTION NO. 31: UNDERTAKING OF ELECTED OFFICIALS

        WHEREAS, Mary Ellen Keith, 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, Walter Kretser, 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, Janet Ordway, of the Town of Franklin, County of Franklin, New York, has been elected to the office of COUNCILPERSON of the Town of Franklin; and

        WHEREAS, Allen 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 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, Roger Symonds, 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, James Rascoe, 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 she 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 in the total sum of $4,000,000 plus additional $350,000 for the Town Clerk/Tax Collector, $50,000 for the Town Supervisor and $50,000 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.

        [Notarized signatures of each elected official]

        The Town Board of the Town of Franklin approved the foregoing undertaking as to its form and manner and the sufficiency of the surety, by resolution adopted on ___________________________________.

        THOSE VOTING AYE:

          Supervisor Mary Ellen Keith
          Councilperson Janet Ordway
          Councilman Allen Berg
          Councilman Clifford Smalley
          Councilman Walter Kretser

        THOSE VOTING NAY:

          None

      (2) Local Government Commission on Efficiency and Competitiveness. During the Town Clerk Conference the attendees previewed the final report of the Governor's special commission. The report recommends the State Legislature grant the Governor sweeping powers to eliminate the locally-elected positions of Highway Superintendent, Assessor, Town Clerk, Tax Collector, County Treasurer and County Clerk. Municipalities and counties would be empowered to appoint counties or the State to fill these positions. The Town Clerk stated after the Tax Collector Conference she would have more to report.

      b. Tax Collector Conference. The Town Clerk/Tax Collector requested permission to attend the NYS Tax Collector Conference in Glens Falls June 8-11, 2008. The Board agreed.

OLD BUSINESS

    1. INFRASTRUCTURE UPDATE. Supervisor Keith reported the Building Committee met on Friday, May 16th with the engineer and the architect. She noted the cost of building materials is rising, and there will be a change of architects.

    2. FIRE/RESCUE UPDATE. NNo meetings of the Fire Advisory Board have been held. Supv. Keith noted the Village was to have hired a full time EMT but there have been problems and delays. According to news reports, the rescue portion of the Fire Dept. may now be ready to incorporate on its own so that insurance companies may be billed for its services. Supv. Keith requested authorization from the Board to make the second payment on the Rescue Contract, due July 1, 2008.

    RESOLUTION NO. 32: AUTHORIZE SUPERVISOR TO MAKE SECOND INSTALLMENT PAYMENT ON 2008 RESCUE CONTRACT WITH VILLAGE OF SARANAC LAKE WHEREAS, a contract for rescue/ambulance service was entered into on December 26, 2007 with the Village of Saranac Lake and the Saranac Lake volunteer Fire Department in total sum of $27,415.70 payable in two installments; and WHEREAS, the second installment payment of $13,707.85 on said contract is due on June 1, 2008; NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized to disburse the second payment to the Village of Saranac Lake as and for ambulance/rescue service.

    THOSE VOTING AYE:

      Supervisor Mary Ellen Keith
      Councilperson Janet Ordway
      Councilman Allen Berg
      Councilman Clifford Smalley
      Councilman Walter Kretser

    THOSE VOTING NAY:

      None

    3. SUBDIVISION UPDATE. Coun. Kretser reported that Richard Jarvis has formed a committee with Couns. Kretser and Smalley, Keith Silliman, Nancy Bernstein and Mark Kurtz. The committee will meet once a month prior to the Town Board meetings, generally on Monday evenings and would be open to the public. Binders were distributed to those committee members present containing rules, regulations, the Town's Ethics Law, and copies of drafts of previous efforts. Coun. Kretser requested the Board and the Subdivision Committee hold a special board meeting in early June. The committee, in response to public comments at the December 26, 2007 information session, will present its rules of conduct and tasks to the Board and the public.

    4. LANDFILL MATTERS.

      a. Signs. Coun. Smalley will discuss placement of the “No Trespassing” signs at the closed Town landfill with the General Fund employee

      b. Shack. Coun. Smalley will pursue sale of the shack at the landfill.

COMMITTEE REPORTS

Supervisor Keith prefaced the Committee Reports by stating each of the Board members is liaisoned to a committee, and each Board member spends time and effort on his or her committee work. In other municipalities Board members simply show up for monthly town board meetings, but in the Town of Franklin, board members actually perform service to the community between monthly board meetings.

    1. CELEBRATION COMMITTEE. . On June 14th, Franklin County will celebrate its Bicentennial with a parade. Supervisor Keith and Councilman Smalley will represent the Town as well as Historian Bradley Merrill. The Town will have a booth displaying and selling “They Told Me So” booklets which contain articles of historical significance.

    2. CEMETERY COMMITTEE.

      a. Current Projects. Supv. Keith said the Town Custodian is working on clearing the winter brush from the cemeteries. In addition, flags have been placed on the graves of veterans for Memorial Day thanks to Cemetery Custodian Vivian Manny.

      b. Franklin Falls Cemetery. Historian Bradley Merrill is working on the history and deed documentation of the Franklin Falls Cemetery, and the matter is still unresolved as to whom the cemetery belongs, whether to the private Association or to the Town of St. Armand in which owns two-thirds of the land is situated. The Town of Franklin has groomed the entire cemetery for decades, although only one-third of the land is in the Town. The cemetery does not belong to the Town of Franklin, and Mr. Merrill reported that recently a tool shed was constructed on the site and stated that the private association's bank accounts and meetings terminated 20 years ago. He suggested the Supervisor contact the attorney for the town to determine steps needed to be taken in order to have the cemetery declared “abandoned”. If the cemetery is declared abandoned, then the adjoining Towns must take responsibility for its maintenance.

    3. RECREATION COMMITTEE. Coun. Berg gave the following report:

      a. Committee. The Recreation Committee consists of Coun. Berg, Hugh Tyler, Richard Gonyea and Alan Oliver. The committee met and determined it advisable to maintain the Town's present equipment.

      b. Donations Received.

        (1) Trudeau Sand & Gravel has donated wood chips.

        (2) Aubuchon Hardware will donate paint for the shed. Coun. Berg will write a thank you letters.

      c. Repairs/Replacement of Equipment

        (1) The basketball court chain link fence needs new tops. Coun. Berg will contact Freedom Fence, which has the proper experience, tools and equipment for this.

        (2) There is no pay phone at the Rec Park.

        (3) The electric still needs to be repaired

        (4) The water supply must be addressed

        (5) A Port-A-Potty will be delivered on Tuesday, May 20.

        (6) The baby seat on the swing set at the Town Hall should be replaced.

        (7) Refrigerator and garbage cans were delivered to the Rec Park this date.

      d. Requests for Improvements

        (1) Fencing to surround the ball field at the Rec Park

        (2) A “clamshell” to be used as a backstop on the lower field

        (3) Coun. Berg will research the possibility of obtaining “free” soccer nets.

      e. Summer Youth Program. Supervisor Keith stated the summer youth program at the Kate Mountain Recreation Park will commence the Monday following July 4th weekend. Kathy Drake, who has administered the program in the past, will do so again this year, with the same 2 assistants as last year. A cell phone was used during last summer, and will be used again this year.

      f. Inventory. Coun. Berg handed a copy of the Recreation inventory to the Town Clerk, who will forward same to the insurance company.

CORRESPONDENCE
    1. FROM DEC RE LANDFILL . DEC granted a waiver to the Town and inspections and monitoring of the closed landfill will be performed twice a year instead of quarterly.

    2. TOWN WIDE ROADSIDE CLEANUP WEEK MAY 27-31. The County called Supv. Keith following the April meeting granting a discount for the week of May 27-31. Therefore, the week of May 27-31 will be roadside cleanup week. A truck will be stationed at the rear of the Town Hall, and residents are encouraged to pickup, bag and deposit roadside waste in the truck.

DAMS IN THE TOWN

    Although the Town does not own any dams, those situated in the Town are in private hands. However, the Town has been advised to have an emergency plan in place in the event those dams break and endanger the Town's roads. Coun. Smalley suggested the Town inventory all dams. The Board concurred.

QUESTIONS AND COMMENTS.

    BIGELOW ROAD: Dean Montroy discovered trash dumped on Bigelow Road, reported it to DEC, which caught the culprits. Coun. Kretser urged the Board to contact DEC, deed the road to them and get it fenced off so this does not recur.

IMPORTANT DATES.

    May 27-31 - TOWN WIDE ROADSIDE CLEANUP WEEK

    JUNE 3 - TUESDAY - GRIEVANCE HEARINGS 5 TO 9 PM

    JUNE 7 - SATURDAY - FREE RABIES CLINIC 9 TO 11 AM

    JUNE 16 - REGULAR TOWN BOARD MEETING 7 PM

ADJOURNMENT

    There being no further business to discuss, the meeting adjourned at 8:25 pm. (M.Keith-J.Ordway 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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