Town of Franklin Board Meetings

Town Board Meeting
September 10, 2007 - 7:00 pm

The Town Board of the Town of Franklin held a regularly scheduled Board meeting on Monday, September 10, 2007 at 7:00 pm at the Vermontville Town Hall.

Board members present:

    Supervisor Mary Ellen Keith
    Councilman Tim Goff
    Councilman Walt Kretser
    Councilperson Janet Ordway

Board members absent:

    Councilman Gene Goff

Others Present:

    Town Clerk Sandra Oliver, Clifford Smalley, Paul Ward, Jean Baltzly, Paul Capone, Al Berg, Vince Fallica, Lisa Masso, Rick Newman

CALL TO ORDER

    Supervisor Keith called the meeting to order; the Pledge of Allegiance was recited; the Town Clerk called the roll, and announced a quorum was present.

AUDIT OF BILLS

    The following claims were presented and reviewed by the Board:
    GeneralWarrant #9Claims 164 - 184$6,265.15
    HighwayWarrant #9Claims 143 - 157$126,092.85
    Prepay GeneralWarrant #8Claims 45 - 48$1,033.97

    Supv. Keith explained that $59,565.00 on Highway Voucher 157 was in partial payment of the Bond Anticipation Note used to finance purchase of the 2007 International plow truck.

    Motion to approve bills and pay same (J.Ordway-T.Goff m/s/p) ALL AYE

MINUTES OF MEETINGS

The minutes of the August 13, 2007 monthly board meeting were amended as follows:

    RESOLUTION NO. 24: RESOLUTION PROVIDING FOR SECTION 75-c, 75-e, 75g and 75i OF NYS RETIREMENT SYSTEM (CODE 828) AUTHORIZE PARTICIPATION IN PLAN 75i At a meeting of the Town Board of the Town of Franklin, New York, on August 13, 2007, Supervisor Mary Ellen Keith offered the following resolution: WHEREAS, the Town of Franklin has a basic plan with the NYS Retirement System; and WHEREAS, adoption of Plan 75i would be beneficial to Justice Symonds and would be of no cost to the Town; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Franklin does hereby elect to provide the additional pension benefits of Section 75-c, 75-e, 7g and 75i of the Retirement and Social Security Law, as presently or hereafter amended; and BE IT FURTHER RESOLVED, that the effective date of such shall be the 14th day of August 2007.

    Town Board hereby authorizes upgrade of the Town's participation in the NYS Retirement System to Plan 75i.

    Those voting aye:

      Supervisor Mary Ellen Keith
      Councilman Gene Goff
      Councilperson Janet Ordway
      Councilman Walt Kretser

    Those Absent:

      Councilman Tim Goff

    Those voting nay:

      None

    Motion to accept minutes as amended (J.Ordway-W.Kretser m/s/p) ALL AYE

SUPERVISOR'S REPORT

    Balances on hand at August, 2007

    General FundCK$10,666.73
    SV$6,652.42
    CLASS$230,123.96
    Highway FundCK$764.90
    SV$126,435.64
    CLASS$384,304.77
    Cap Proj Hwy$24,387.91
    LandfillCK$581.51
    CLASS$64,257.63
    FireCK$866.44
    CLASS$2,707.60
    Cap. BuildingCLASS$145,934.74

    Motion to accept Supervisor's Report (W.Kretser-T.Goff m/s/p) ALL AYE

2007 BUDGET AMENDMENTS

    1. GENERAL FUND. for resolution amending 2007 Budget (T.Goff-J.Ordway m/s/p) ALL AYE

    RESOLUTION NO. 29: 2007 GENERAL FUND BUDGET AMENDMENT NO. 1 WHEREAS, in order to maintain a balanced 2007 General Fund Budget, NOW, THEREFORE, BE IT RESOLVED, that the following Budget Amendment is hereby adopted:

    FROM ACCOUNTAMOUNTTO ACCOUNTAMOUNT
    A1990.4 Contingent$1,401.00A7140.4 Facilities C.E.$300.00
    A7310.1 Youth Programs P.S$1,100.00
    A9040.8 Workers Comp$1.00

    Those voting aye:

      Supervisor Mary Ellen Keith
      Councilman Tim Goff
      Councilperson Janet Ordway
      Councilman Walt Kretser

    Those Absent:

      Councilman Gene Goff

    Those voting nay:

      None

    2. HIGHWAY FUND. Motion for resolution amending 2007 Highway Budget (W.Kretser-J.Ordway m/s/p) ALL AYE

    RESOLUTION NO. 30: 2007 HIGHWAY FUND BUDGET AMENDMENT NO. 1 WHEREAS, in order to maintain a balanced 2007 General Fund Budget, NOW, THEREFORE, BE IT RESOLVED, that the following Budget Amendment is hereby adopted:

    FROM ACCOUNTAMOUNTTO ACCOUNTAMOUNT
    DA5130.4 Machinery C.E$1,274.00DA5130.2 Machinery Cap. $1,274.00

    Those voting aye:

      Supervisor Mary Ellen Keith
      Councilman Tim Goff
      Councilperson Janet Ordway
      Councilman Walt Kretser

    Those Absent:

      Councilman Gene Goff

    Those voting nay:

      None

HIGHWAY REPORT

    Deputy Highway Supt. Eric Merrill submitted the following written report for the period from Aug. 13 through Sept. 10, 2007:

    1. Installed culverts on Paye Rd.; replaced culverts crossing roadway and replaced driveway culverts where needed.

    2. Finished ditching on roadsides of Paye Rd.

    3. Installed "select stone" where needed.

    4. Hauled crusher run to prepare road for final grading . Rolled entire road with County's grader.

    5. Paved 1 mile on Rock St. with County's equipment . Other towns that helped haul asphalt were Harrietstown, Brighton, Tupper Lake, St. Armand and the Village of Saranac Lake

    6. Continued mowing roadsides with the tractor

    7. Paved 1 mile on Paye Rd. with County's equipment . Other towns that helped haul asphalt were Harrietstown, Brighton, Tupper Lake, St. Armand and the Village of Saranac Lake.

HIGHWAY COMMITTEE

    1. COMMENTS ON DEPARTMENT. Couns. Kretser reported he had received very favorable comments on the quality of the work done by the Department.

    QUESTIONS AND COMMENTS RE HIGHWAY

    STATUS OF BIGELOW ROAD Coun. W. Kretser stated the Town is attempting to give this road to NYS Dept. of Environmental Conservation for use as a trail for hiking and bicycling. The condemned bridge on the road belongs to the County, which has no plans to repair it. The Town had begun negotiations with DEC but will have to recommence because of the change in Agency personnel. If the transfer takes place it will have little or no effect on the Town's share of CHPS money.

NEW BUSINESS

    1. ASSESSMENT - 2007 STAR REBATE - MIDDLE CLASS SCHOOL TAX RELIEF. Town Clerk Oliver noted that most taxpayers who are enlisted in the STAR exemption program (both regular and enhanced, also known as "senior" or income verification) should have received a form from the NYS Dept. of Taxation & Finance. This form should be completed and mailed directly to the NYS Dept. of Taxation & Finance. The Department will review the taxpayer's 2005 State tax return and determine whether the taxpayer is eligible for a STAR rebate check. This program is a result of Gov. Eliot Spitzer's campaign promise to give middle class taxpayers some school tax relief. It will be administered solely by Taxation & Finance and neither the Town nor the County is involved.

    2. SPEED LIMITS ON TOWN ROADS

    a. County Route 60. The Dept of Transportation sent a letter acknowledging receipt of the Town's request to extend the 35 mph speed limit zone on Co. Rt. 60 and requested specific distance information. Coun. Ordway will measure the zone and report back to the Board. b. Speed Limits on Cold Brook, Swinyer, Fletcher Farm Rds. and Co. Rt. 26 in Loon Lake. Coun. Janet Ordway read the following letter into the record which the Board had signed:

    "September 10, 2007

    Gary Lewis
    Deputy Superintendent of Highways
    County of Franklin
    14981 State Route 30
    Malone, New York 12953

    Re: Posted 40 MPH Speed Limit on designated Town of Franklin Roads

    Dear Mr. Lewis,

    We have received numerous complaints from area residents living on various town roads of vehicular traffic traveling at unsafe speeds in heavier populated areas of our town.

    After reviewing and observing traffic speed, the Town Board is requesting the following town roads and one county road be designated with a 40 MPH Speed Limit. This would help to protect the safety of our residents and the motoring public.

    1. Cold Brook Road (4mi.) Starting at State Route 3, at the Post Office to the (Y) intersection connecting with the Fletcher Farm Road. This road has moderate to heavy traffic and has 42 year round residents living on the 4 mile stretch of road, with many school bus stops.

    2. Swinyer Road (2mi.) Starting at route 3, to the Oregon Plains Road. This road has heavy traffic with 47 year round residents living on the 2 mile stretch of road, with many school bus stops and 2 intersections.

    3. Fletcher Farm Road (5.8 mi ) Starting at Route #3 to the Franklin Falls intersection. This road has very heavy traffic with 84 year around residents living on a 5.8 mile stretch of road, with many school bus stops.

    4. Hamlet of Loon Lake [ County Route 26] The hamlet of Loon Lake (3.5 mi ) with at least 40 camps and many intersections and sharp curves warrant a speed limit of 35 to 40 MPH. Thank you for your consideration. Any questions should be directed to the Town Supervisor or the Highway Superintendent.

    TOWN OF FRANKLIN

    ________________________________________________________
    Mary Ellen Keith, Supervisor Gene F. Goff, Councilman
    ________________________________________________________
    Timothy Goff, Councilman Walter Kretser, Councilman
    ________________________________________________________
    Janet Ordway, Councilperson James Rascoe, Supt. of Highways

    Enc. Board Resolution

    Cc. New York State Police, Traffic/ Safety Officer. 1097 State Route 86, Ray Brook, NY 12977, Keith White, Transpn Supv., Saranac Lake Central School. 79 Canaras Ave.Saranac Lake, NY 12983, Franklin County Legislature, 355 West Main St., Suite 409, Malone NY 12953, Att. Gloria J Valone,Timothy Burpoe, Franklin County Legislature, 92 Cherry Tree Lane, Saranac Lake NY 12983"

    Motion for resolution requesting lower speed limits for certain roads in the Town (W.Kretser-T.Goff m/s/p) ALL AYE

    RESOLUTION NO. 31: REQUEST TO LOWER SPEED LIMIT TO 40 MPH ON CERTAIN ROADS IN THE TOWN WHEREAS, residents of the Town of Franklin have expressed alarm and concern about vehicles traveling at speeds in excess of 55 mph; and WHEREAS, the increase in population of the Town mandates a request to lower speed limits on the following roads in the Town to 40 mph for the safety of residents and their property:

      1. Cold Brook Road (4mi.) Starting at State Route 3, at the Post Office to the (Y) intersection connecting with the Fletcher Farm Road. This road has moderate to heavy traffic and has 42 year round residents living on the 4 mile stretch of road, with many school bus stops.

      2. Swinyer Road (2mi.) Starting at route 3, to the Oregon Plains Road. This road has heavy traffic with 47 year round residents living on the 2 mile stretch of road, with many school bus stops and 2 intersections.

      3. Fletcher Farm Road (5.8 mi ) Starting at Route #3 to the Franklin Falls Iintersection. This road has very heavy traffic with 84 year around residents living on a 5.8 mile stretch of road, with many school bus stops.

      4. Hamlet of Loon Lake [ County Route 26] The hamlet of Loon Lake (3.5 mi) with at least 40 camps and many intersections and sharp curves warrant a speed limit of 35 to 40 MPH.

    NOW, THEREFORE, BE IT RESOLVED, that the Town of Franklin hereby petitions the County of Franklin to intercede with the NYS Dept. of Transportation to lower speed limits to 40 mph on the above-named roads in the Town of Franklin.

    Those voting aye:

      Supervisor Mary Ellen Keith
      Councilman Tim Goff
      Councilperson Janet Ordway
      Councilman Walt Kretser

    Those Absent:

      Councilman Gene Goff

    Those voting nay:

      None

    3. BUDGET AMENDMENT FOR RECORDS GRANT AWARD.. Supervisor Keith stated in order to account for income and expense for the NYS Archives Grant award $28,156 for records, another line item should be added to the 2007 General Fund Budget.

    Motion for resolution adding expense line (J.Ordway-W.Kretser m/s/p) ALL AYE

    RESOLUTION NO. 32: 2007 GENERAL FUND BUDGET AMENDMENT #2 WHEREAS, the Town has been awarded $28,156 from NYS Archives for use in records management; and WHEREAS, in order to account for receipt and expenditure of these funds, an expense line item must be created; NOW, THEREFORE, BE IT RESOLVED, that the Town of Franklin Town Board amends the 2007 General Fund Budget, restoring income line A3060 NYS Aid and adding expense line item A1460.4 Records Management.

    Those voting aye:

      Supervisor Mary Ellen Keith
      Councilman Tim Goff
      Councilperson Janet Ordway
      Councilman Walt Kretser

    Those Absent:

      Councilman Gene Goff

    Those voting nay:

      None

    4. REPORT ON CONFERENCE WITH OFFICE FOR SMALL CITIES. Supervisor Keith and Town Clerk Oliver attended the meeting in Lake Placid with representatives of other municipalities and the Office for Small Cities on Tuesday, September 4th. Two State agencies have been combined, and the Office for Small Cities has taken over HUD grant administration from the federal government. The Town of Franklin has applied for a housing rehabilitation grant and should be notified whether it has been awarded by the end of September.

    5. GRATITUDE TO VINCE FALLICA. The Board expressed its gratitude to Vince Fallica for donating the large laminated map of the Town of Franklin, for his research on an electronic speed sign and for contacting U.S. Rep. Janet Duprey concerning reducing speed limits on roads in the Town.

OLD BUSINESS

    1. E-911 STREET SIGNS AND HOUSE NUMBERS. . Town Clerk Oliver reported she had informally corresponded with Mrs. Remillard, owner of the largest parcels of land in the Franklin Falls area, to advise of the lack of Global Positioning Satellite capability of local fire and rescue units.

    2. INFRASTRUCTURE UPDATE. Supervisor Keith reported that Dave Dekkers was in transit and scheduled to report on the matter. Tabled to Sept. 12, 2007 meeting.

    3. EXTENSION OF CONTRACT WITH ANN HOLLAND. Ann Holland, the grant writer the Town contracted with, suggested her contract be extended to August 30, 2008 due to the number of grant applications she is working on. Coun. Kretser requested if the contract is extended, that no additional funds be expended.

    Motion to extend contract with Ann Holland to August 30, 2008 (J.Ordway-T.Goff m/s/p) ALL AYE

    RESOLUTION NO. 33: EXTEND CONTRACT WITH ANN HOLLAND TO AUGUST 30, 2008 WHEREAS, the Town has entered into an agreement for services with Ann R. Holland for grant writing; and WHEREAS, said contract is due to expire on _____________; and WHEREAS, it would be beneficial to extend the contract due to the number of outstanding grant applications; NOW, THEREFORE, BE IT RESOLVED, that the contract with Ann Holland is extended to August 30, 2008 with no additional funding.

    Those voting aye:

      Supervisor Mary Ellen Keith
      Councilman Tim Goff
      Councilperson Janet Ordway
      Councilman Walt Kretser

    Those Absent:

      Councilman Gene Goff

    Those voting nay:

      None

    4. FRANCHISE AGREEMENT WITH TIME WARNER CABLE. . The franchise agreement with Time Warner Cable (successor to Adelphia Cable) only authorizes it to conduct business in the Town of Franklin. No other cable company is attempting to contract with the Town, so there is no competition. Although attempts were made to contact representatives of Time Warner Cable concerning the franchise agreement, no further communication has been had from it. Supervisor Keith stated public comments from the June public information session had been forwarded to Thomas Doheny, Government Reporting Manager for Time Warner, but his response was non-committal. Time Warner is such a large organization, even though other communities in the area have voiced concern over its lack of response to community needs, the cable company has not responded to them. Supervisor Keith suggested the Board agree to the terms of the franchise agreement, and the Board concurred.

    Motion to approve Franchise Agreement with Time Warner Cable

    RESOLUTION NO. 34: APPROVE FRANCHISE AGREEMENT WITH TIME WARNER CABLE TO CONDUCT BUSINESS IN TOWN OF FRANKLIN WHEREAS, the Town of Franklin had entered into a contract with Adelphia Cable for it to conduct business in the Town, Adelphia entered into bankruptcy, and Time Warner Cable is its successor; and WHEREAS, a Franchise Agreement must be executed before the end of the year; NOW, THEREFORE, the Town of Franklin Town Board agrees to the terms and conditions of a 10-year franchise agreement with Time Warner Cable.

    Those voting aye:

      Supervisor Mary Ellen Keith
      Councilman Tim Goff
      Councilperson Janet Ordway
      Councilman Walt Kretser

    Those Absent:

      Councilman Gene Goff

    Those voting nay:

      None

COMMITTEE REPORTS

    1. RECREATION COMMITTEE.
      a. Summer Youth Program. This was a success, serving 400+ youngsters.
      b. Recreation Park Use. The Rec Park is being used by residents for picnics, parties, etc. The portable toilet will be removed at the end of September.
      c. Pavilion. The pavilion at the Rec Park has been enclosed on three sides.

    2. CEMETERY COMMITTEE. Coun. Tim Goff stated he would like to construct some sort of barrier in the driveways of the Town cemeteries. Last winter, an individual plowed past the driveway and ripped the sod and overturned a gravestone. Most cemeteries in the surrounding municipalities have a gate at the cemetery entrance. Coun. T. Goff thought a chain across the driveway would suffice, and will research this.

    3. CELEBRATION COMMITTEE. The Haunted Jaunt will not take place this year; instead, a party will be given the week before Halloween for the children of the Town.

CORRESPONDENCE

    1. TOWN OF HARRIETSTOWN RE ASSESSING CONSOLIDATION. T. Harrietstown Supervisor Larry Miller sent a letter in favor of consolidating assessment units and/or County-wide assessing. Included in the letter was a statement by Harrietstown Councilman in opposition to County-wide assessing.

    2. CONFERENCE ON SHARED MUNICIPAL SERVICES. Supv. Keith requested permission for Town Clerk Oliver to attend this conference on Tuesday, September 11 in Peru, NY. The Board concurred.

    3. ASSN OF TOWNS CONFERENCE AT SUNY-POTSDAM. Supv. Keith requested permission for her and Town Clerk Oliver to attend this conference on October 9th and requested attendance by other Board members. The Board concurred, and members will review their calendars for availability.

QUESTIONS & COMMENTS

  • In response to a suggestion to reduce speed limits on all Town roads to 40 mph, Coun. Kretser explained the process of speed limit reduction: first, the Town Board must adopt a resolution, then send a formal request to the County Highway Superintendent who in turn sends a formal request to the State Department of Transportation. Supervisor Keith interjected the Town had a difficult time posting State Route 3 last winter as "rough road". It took months to accomplish. Coun. Kretser continued, that the Dept. of Transportation has its own timetable and that the safety and wishes of Town residents do not seem to matter.
  • In response to a complaint, Town Clerk Oliver stated New York State law does not require a section in Town Board minutes for public comments; minutes are a record of actions and discussions of the Town Board only.
  • Asked about why the Town does not contact the renters of the Remillard parcels, Town Clerk Oliver responded she had notified the landlord, following a procedure used in tax collection.
    Special Board meetings and budget workshops will be held on Monday nights, October 15 and 22, 2007.

ADJOURNMENT

    There being no further business to conduct, 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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Franklin, TOWN OF FRANKLIN

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


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