Adirondack Town Of Franklin
Adirondack Town Of Franklin

Town of Franklin Board Meetings

Regular Board Meeting November 8, 2017

BOARD MEMBERS PRESENT:

Supervisor Art Willman, Councilman Cliff Smalley and Councilman Don Hamm

BOARD MEMBERS ABSENT:

Councilman Pete Woodcock and Councilman Tom Bartiss

OTHERS PRESENT:

Highway Superintendent Jacques DeMars, Doris Hamm, Ed Martin, Budget Officer Dick Meagher, Code Officer Paul Blaine and, Town Clerk Lauren LeFebvre

CALL TO ORDER

Supervisor Willman called the Public Hearing to order at 5:30pm. The Pledge of Allegiance was recited, the Town Clerk called the roll, noting Councilmen Bartiss and Woodcock absent, and a quorum present.

PUBLIC COMMENT

Dick Jarvis submitted the following written comments:

The budget process is very important, in particular to the supervisor and highway superintendent. The rear round management skills, assisted by the town budget officer, are critical. Thanks to Art and Jacques for their continued good work on town finances and gaining a low stress rating by the state comptroller.

I wish there could be improvements in the transparency and public input in the budget process. On quick review of the proposed budget, it is not readily apparent how the town keeps under the state budget cap. The appropriations are up 9.7% and revenues down 7.7% on the summary page. It is not readily apparent how the community center funding is incorporated. Saved by good management and significant fund balances!?

To improve the budget process, I have a few suggestions:

The town board, highway superintendent and public should have a discussion/hearing BEFORE the fall budget workshops to outline goals and special projects for the coming budget year.

The proposed budget should have footnote explanations to briefly explain items having a high dollar amount and more than 5% change from previous year budget.

The community center capital and operating budget needs more public attention and transparency.

Franklin County’s budget is highly stressed and this significant effects town taxpayers. I think it would be good for the town board and highway superintendent to establish better exchange of communications with our county representative and seek improvements in the county budget.

Thank you for the opportunity to offer comments.

Ed Martin stated he approved of the budget and thanked the board members and other elected officials for their fiscal responsibility.

REVIEW/APPROVAL OF OCTOBER 11, 2017 MEETING MINUTES - Minutes approved as presented. (C.Smalley-D.Hamm m/s/p) all aye

APPROVAL OF CLAIMS The board audited and approved payment of the following:

General FundAbstract 10Claims 191-209$4,439.71
Highway FundAbstract 10Claims 169-192$153,359.18
Pre-Pay GeneralAbstract 10Claims 44-46 $1,296.83
Landfill Abstract 4 Claim 5 $421.25

(C.Smalley-D.Hamm m/s/p) all aye)

SUPERVISOR'S REPORT

Balances on hand as of October 31, 2017

GENERAL FUNDChecking$38,677.36
Savings$48,971.41
Historian$3,038.92
Kate MT. SRF$42,737.76
Cemetery RF$2,302.41
CLASS$238,941.34
HIGHWAY FUNDChecking$37,968.41
 Savings$325,556.34
 Cap. Proj. Hwy.$46,984.51
 CLASS$392,757.35
LANDFILL CLOSURE CAP RESChecking$4,737.46
 CLASS$19,276.47
FIRE PROTECTIONChecking$7,921.33
 CLASS$20,790.24
CAP. PROJ. BLDGCLASS$65,885.75

(Hamm-Smalley m/s/p) All Aye

HIGHWAY SUPERINTENDENT'S REPORT

Superintendent DeMars presented the following report:

  • 2 culverts on Cold Brook Rd. were replaced, with the assistance from Franklin County and their excavator.
  • We prepped road edges on parts of Cold Brook Rd. and Fletcher Farm Rd., utilizing the road zipper. Gravel was added to the road edges and compacted using our vibratory roller.
  • We paved approximately .85 miles of Cold Brook Rd. as well as approximately .75 of a mile on Fletcher Farm Rd.
  • We started hauling winter sand.
  • We have tested sanders and plow equipment.
  • We assisted: the Village of Saranac Lake and Tupper Lake by hauling gravel and asphalt respectively.
  • We assisted Franklin County by hauling asphalt and giving them one man for flagging.
  • We received assistance hauling asphalt from: Towns of St. Armand, Brighton, Harrietstown, Black Brook and Tupper Lake as well as the villages of Saranac Lake and Tupper Lake.
  • We received assistance hauling sand from the Towns of Brighton and Tupper Lake as well as the Village of Tupper Lake.
  • We had men out several times cutting trees that had fallen due to high winds.
  • I would like to express a special thanks to the Bloomingdale Fire Department for the assistance during high winds, cutting trees and responding to downed power lines.
  • Gas, fuel and maintenance logs given to Highway Committee

RESOLUTION #40 284 AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS

On a motion by Councilman Hamm, second by Councilman Smalley, BE IT RESOLVED that the Town of Franklin Town Board does hereby approve of the expenditure, not to exceed the sum of $150,000, for a distance of .75 miles from Fletcher Farm Road leading to Cold Brook road using dense binder with sections zipped and filled with crusher run and rolled, with the remainder using existing blacktop.

Those voting aye:
    Supervisor Willman
    Councilman Hamm
    Councilman Smalley

Those voting no: None

RESOLUTION #41 AUTHORIZING JACQUES DEMARS, HIGHWAY SUPERINTENDENT, TO ENTER INTO AN AGREEMENT WITH FRANKLIN COUNTY FOR SNOW AND ICE REMOVAL FROM COUNTY ROADS IN THE TOWN OF FRANKLIN

On a motion by Councilman Hamm, second by Councilman Smalley, BE IT RESOLVED that the Town Board of the Town of Franklin does hereby authorize Jacques DeMars, Highway Superintendent, to enter into an agreement with Franklin County for the removal of snow and ice from county roads located in the Town of Franklin and, BE IT FURTHER RESOLVED the Highway Superintendent is authorized to agree to the following payment schedule:

2017-18: CR 55, 60, 26, 48 - 28.18 Miles @ $157,808.00
2018-19: CR 55, 60, 26, 48 - 28.18 Miles @ $160,964.16
2019-20: CR 55, 60, 26, 48 - 28.18 Miles @ $163,378.62

Those voting aye:
    Supervisor Willman
    Councilman Hamm
    Councilman Smalley

Those voting no: None

CODE OFFICER'S REPORT FOR THE MONTH ENDING OCTOBER 31 - Building Permits, 0Violations, 2 Certificates of Occupancy, 10 Inspections and $152.50 Collected Fees.

NEW BUSINESS

A. RESOLUTION #42 ADOPTION OF 2018 FISCAL BUDGET

On a motion by Councilman Smalley, second by Councilman Hamm, BE IT RESOLVED that the Town Board of the Town of Franklin does hereby adopt the 2018 Preliminary Budget as the 2018 Town of Franklin Final Budget.

Those voting aye:
    Supervisor Willman
    Councilman Hamm
    Councilman Smalley

Those voting no: None

B. 2018 Fuel Bids

Town Clerk, Lauren LeFebvre stated one bid was received. That bid being from HomEnergy. Supervisor Willman opened and announced the bid. Two pricing options were offered; State Bid Price minus ½ cent (changes weekly) or Fixed Price RESOLUTION #43 AWARD BID FOR 2018 FUEL On a motion by Councilman Hamm, second by Councilman Smalley, BE IT RESOLVED that the Town of Franklin Town Board does hereby select HomEnergy (Saranac Lake) as its 2018 Fuel Provider and BE IT FURTHER RESOLVED that the Town of Franklin selects Option 1. State Bid Price Minus $0.0050.

Those voting aye:
    Supervisor Willman
    Councilman Hamm
    Councilman Smalley

Those voting no: None

C. Tandem Financing

Supervisor Willman has researched financing options for the 2018 Tandem. Bonding, including fees for Bond Counsel, will save the Town approximately $3,500 as interest rates for bonds is less, 1.75% vs. 3.55%.

RESOLUTION #44 BOND RESOLUTION DATED NOVEMBER 8, 2017 AUTHORIZING THE ISSUANCE OF SERIAL BONDS AND NOTES IN ANTICIPATION OF THE ISSUANCE THEREOF AND/OR STATUTORY INSTALLMENT BONDS AND NOTES IN ANTICIPATION OF THE ISSUANCE THEREOF, OF THE TOWN OF FRANKLIN, NEW YORK, IN THE COUNTY OF FRANKLIN, PURSUANT TO THE PROVISIONS OF THE LOCAL FINANCE LAW OF THE STATE OF NEW YORK AND PURSUANT TO APPLICABLE PROVISIONS OF THE TOWN LAW OF THE STATE OF NEW YORK IN AN AMOUNT NOT TO EXCEED $172,915.00 FOR THE PURPOSE OF PURCHASING A 2018 FREIGHTLINER TANDEM DUMP TRUCK WITH PLOW EQUIPMENT AND EXTENDED WARRANTIES, THE TOTAL COST OF WHICH IS NOT TO EXCEED THE SUM OF $207,000.00.

WHEREAS, the Town Board of the Town of Franklin, County of Franklin, New York, has heretofore at this meeting adopted a resolution authorizing the issuance of obligations of the Town of Franklin, New York, in the County of Franklin, in the sum of $172,915.00 for the purpose of purchasing a 2018 Freightliner Tandem Dump Truck with plow equipment and extended warranties , the total cost of which is not to exceed the sum of $207,000.00.

WHEREAS, no other outstanding obligations of the Town of Franklin, New York have been previously issued by the Township for or with respect to such purpose; and

WHEREAS, the Town Board of the Town of Franklin, New York, now desires to provide for the issuance of obligations of the Town of Franklin, New York, and it now desires to provide for other matters with respect to such purchase;

BE IT, THIS 8 day of November, 2017

RESOLVED, by the Town Board of the Town of Franklin, County of Franklin, New York, as follows:

Section #1. The Town of Franklin, in the County of Franklin, New York, shall issue its serial bonds or statutory installment bonds of the aggregate principal amount not to exceed the sum of $172,915.00, and notes in the anticipation of the issuance thereof, pursuant to the Local Finance Law of the State of New York including but not limited to Section 169.00 of such Local Finance Law, in order to finance the specific purpose hereinafter described.

Section #2. The specific purpose to be financed pursuant to this resolution is purchasing a 2018 Freightliner Tandem Dump Truck with plow equipment and extended warranties , the total cost of which is not to exceed the sum of $207,000.00.

Section #3. The maximum estimated cost of such purpose as estimated by the Town Board is $207,000.00 and the plan of financing thereof is by the issuance of a maximum of $172,915.00 in serial bonds, statutory installments bonds, and/or bond anticipation notes issued in anticipation of such serial bonds and statutory installments bonds, along with any grants or other financial assistance obtained from the United States Department of Agriculture, Rural Development, the State of New York and any of its development authorities, the Development Authority of the North Country, the New York Dormitory Authority and/or the New York State Environmental Facilities Corporation and/or from any municipal contributions from the Town of Franklin.

Section #4. It is hereby determined that said purposes is an object or purpose described in Section 11.00 of the Local Finance Law of the State of New York and that the probable useful life of said purpose is fifteen (15) years. The final redemption date of said bond to be issued will not extend beyond fifteen (15) years from the date of their initial issuance. It is hereby further determined that the maximum maturity of the bonds herein authorized will not exceed five years.

Section #5. Subject to the terms and conditions of this resolution, and the Local Finance Law of the State of New York, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds or Statutory Installment Bonds authorized by this resolution and the renewal of said notes and the power to prescribe the terms, form and contents of such Serial Bonds or Statutory Installment Bonds and of such Bond Anticipation Notes and the power to sell and to deliver such Serial Bonds or Statutory Installment Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such Serial bonds or Statutory Installment Bonds and the power to sell and deliver bonds providing for substantially level or declining annual debt service is hereby delegated to the Town Supervisor as the Chief Fiscal Officer of the Town of Franklin, County of Franklin and State of New York. The Chief Fiscal officer of the Town of Franklin is hereby authorized to sign any Serial Bonds or Statutory Installment Bonds issued pursuant to this resolution and any Bond Anticipation Notes and renewals’ thereof including but not limited to those set forth in Section 169.00 of the Local Finance Law issued in anticipation of the issuance of said Serial Bonds or Statutory Installment Bonds, and the Town Clerk is hereby authorized to affix the corporate seal of the Town of Franklin, Franklin County, New York, to any Serial Bonds or Statutory Installment Bonds and any Bond Anticipation Note and to attest such seal.

Section #6.  The Town Supervisor is hereby further authorized, at his/her sole discretion, to execute a project finance agreement and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific purpose described in Section 2 hereof, or a portion thereof, by a serial bond, a statutory installment bond and/or a bond anticipation note issue in the event of the sale of same to the New York State Environmental Facilities Corporation.

Section #7. The full faith and credit of the Town of Franklin, Franklin County, New York, is hereby irrevocably pledged for the payment of the principal of and interest on such Serial Bonds or Statutory Installment Bonds and any Bond Anticipation Notes and renewals thereof issued in anticipation of the issuance of such bonds as the same shall respectively become due and payable. There shall be annually apportioned and assessed upon real property located within the Town of Franklin, County of Franklin an amount sufficient to pay the principal and interest on such obligations as the same may be due and all of the taxable real property in said Town of Franklin, County of Franklin shall be subject to the levy of ad valorem taxes without limitation as to rate or amounts sufficient to pay the principal and interest on such obligations as the same shall become due, except as otherwise may be required by law.

Section #8. This resolution or a summary hereof shall be published by the Town Clerk of the Town of Franklin, County of Franklin, together with a notice in substantially the form prescribed in Section 81.00 of the Local Finance Law of the State of New York. The validity of the Serial Bonds or Statutory Installment Bonds and of any Bond Anticipation Notes and renewals thereof issued in anticipation of the issuance of such Serial Bonds or such Statutory Installment Bonds issued hereunder may be contested only if: Such obligation is authorized for an object or purpose for which said Town is not authorized to expend money, or If the provisions of law which should have been complied with as of the date of publication of such resolution were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or Such obligation is authorized in violation of the provisions of the Constitution.

Section #9 This resolution is not subject to referendum pursuant to Section 35.00 of the Local Finance Law of the State of New York and Article 7 of the Town Law of the State of New York.

STATE OF NEW YORK )

)SS:

COUNTY OF FRANKLIN )

Lauren LeFebvre, Town Clerk of the Town of Franklin, County of Franklin, State of New York, does hereby certify that the foregoing Resolution was duly adopted by the Town Board of the Town of Franklin at a meeting held on November 8, 2017, as follows:

Those voting aye:
    Supervisor Arthur P. Willman, Jr.: Aye
    Councilperson Clifford Smalley ): Aye
    Councilperson Donald M. Hamm: Aye
    Councilperson Peter Woodcock: Absent
    Councilperson Thomas Bartiss: Absent

RESOLUTION #45 SELECTION OF GREENE COUNTY BANK AS LENDING INSTITUTION FOR 2018 FREIGHTLINER FINANCING

On a motion by Councilman Don Hamm, second by Councilman Smalley, BE IT RESOLVED that the Town of Franklin Town Board does hereby select the Bank of Greene County as the lender for the 2018 Freightliner purchase, with the amount to be financed being $172,910 for 3 years, an interest rate of 1.75% ($3,264.82) for a total cost of $176,174.82.

Those voting aye:
    Supervisor Willman
    Councilman Hamm
    Councilman Smalley

Those voting no: None

D. TAX COLLECTION SOFTWARE - Supervisor Willman explained, as part of the Governor's mandate for Shared Services, Franklin County is pursuing a grant through NYS Department of Secretary for financial assistance to purchase licenses for Total Collection Solution in order to streamline tax collection into an electronic system. Town Clerk, Lauren LeFebvre added that support of this grant does not commit the Town of Franklin to obtaining a license.

RESOLUTION #46 SUPPORT OF FRANKLIN COUNTY PURSUIT OF A TAX COLLECTION LICENSE GRANT On a motion by Councilman Smalley, second by Councilman Hamm, BE IT RESOLVED that the Town of Franklin Town Board does hereby support Franklin County's pursuit of a grant through NYS Department of Secretary for the purchase of more licenses for Total Collection Solution.

Those voting aye:
    Supervisor Willman
    Councilman Hamm
    Councilman Smalley

Those voting no: None

E. YEAR-END MEETING DATE -Supervisor Willman stated the year-end meeting will be held December 27 at 5:30pm.

F. CABLE FRANCHISE CONTRACT UPDATE -Supervisor Willman will be contacting Spectrum in the near future.

G. 2018 MUNICIPAL INSURANCE -Supervisor Willman has received two quotes for 2018 insurance. Trident (current carrier)--$31,536.03 and NYMIR-$31,011.46, According to our insurance agent, the NYMIR policy offers a little less financial loss coverage.

RESOLUTION #47 SELECTING 2018 MUNICIPAL INSURANCE CARRIER

On a motion by Councilman Hamm, second by Councilman Smalley, BE IT RESOLVED that the Town of Franklin Town Board does hereby select Trident Insurance's quote of $31,536.03 for 2018 Municipal Insurance Coverage.

Those voting aye:
    Supervisor Willman
    Councilman Hamm
    Councilman Smalley

Those voting no: None

H. DEC RANGER INCREASE -The Town of Franklin has been asked for a resolution in support of DEC's effort to increase the number of Forest Rangers to 175.

RESOLUTION #48 SUPPORTING POLICE BENEVOLENT ASSOCIATION OF NEW YORK STATE, INC (PBA OF NYS) TO INCREASE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOREST RANGER STAFFING TO A STATEWIDE TOTAL OF 175

On a motion by Councilman Don Hamm, second by Councilman Cliff Smalley the following resolution was offered and moved to adoption

WHEREAS, NYS forest rangers have provided care, custody and control of the Forest Preserve and all DEC managed lands throughout the state since 1885, protecting the valuable natural resources and the people who recreate there; and

WHEREAS, forest rangers are unequaled stewards of the land who are police officers, wildland firefighters and wilderness first responders that patrol these lands year round; and

WHEREAS, the addition of over 1 million acres of DEC managed lands the last several decades without staffing increases has caused the ratio of DEC managed lands per ranger to grow from 1 ranger per 28,516 acres in 1970 to 1 ranger per 53,752 acres today; and

WHEREAS, the dramatic increase in recreational use on state lands has led to a corresponding increase in the number of search and rescue operations. In both 2015 and 2016 forest rangers participated in over 300 incidents annually. Those numbers had not been surpassed in the rangers’ previous 130 years of existence; and

WHEREAS, Adirondack communities rely heavily on tourism associated with state land recreation which, gratefully, has been well-promoted by this administration; and

WHEREAS, forest rangers are essential to providing a safe and positive recreational experience for tourists utilizing state land; and

WHEREAS, the current level of forest ranger staffing, 135 statewide including supervisors, is not adequate to fulfill their unique mission given the amount of land they patrol and the number of incidents they respond to; and

WHEREAS, the proposal by the PBA of NYS to increase forest ranger staffing has wide public and bi-partisan support from local governments, business groups, environmental groups and outdoor recreation clubs for a simple reason: It protects the people from the land and the land from the people; and

WHEREAS, this proposal represents the best solution to address the increase in public lands and those utilizing it.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Franklin does hereby support the PBA of NYS proposal to increase forest ranger staffing to 175 rangers statewide, which is deemed critically important to our community, state land, the environment and the People of the State of New York; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the PBA of NYS, 11 North Pearl Street, Suite 1200 Albany NY 12207.

Those voting aye:
    Supervisor Willman
    Councilman Hamm
    Councilman Smalley

Those voting no: None

OLD BUSINESS - None

A. Solar Project Provider - No word has been received.

B. Community Building Update - APA Permit application has been filed.

COMMITTEE REPORTS

A. Cemetery Updating the regulations for base requirements was discussed.

B. Celebration - Visit with Santa Dec 16 12-1:30. Those wishing to donate presents can contact Lauren LeFebvre.

C. Audit - Supervisor Willman reminded the Audit Committee the tax collector's records should be audited before December 31.

ADJOURNMENT

There being no further business to discuss, Supervisor Willman adjourned the meeting at 6:47pm.

Respectfully submitted, Lauren LeFebvre, 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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