Town of Franklin Monthly Board Meeting December 12, 2005 The Town of Franklin held a duly publicized public hearing at 7:00 p.m. on Monday, December 12, 2005, at the Vermontville Town Hall. Board members present: Supervisor Mary Ellen Keith Councilman Gene Goff Councilman Tim Goff Councilman Walt Kretser Councilwoman Janet Ordway Others present: Town Clerk Sandra J. Oliver Andree LaBarge, LaBarge Agency Newly-Elected 2006 Highway Supt. James Rascoe Derek Romeo Frank Karl Al Berg Jean Baltzly CALL TO ORDER Supervisor Mary Ellen Keith called the meeting at 7:00 p.m. and the Pledge of Allegiance was recited; the Town Clerk called the roll and stated the Board was present. PAYMENT OF CLAIMS Coun. G.Goff questioned three claims. Claim No. 219 to Radio Shack for $299.98 for 2 CB radios, a purchase which did not follow the Town's Procurement Policy. Claim No. ___ for $795 for Curb-Flex Delaminators also did not follow the Procurement Policy. Claim No. ___ $19.95 for street signs paid from General Fund, for which the Highway Supt. lacks authority to spend. Coun. Kretser agreed that the Procurement policy was not followed and no explanation for the need of the items was given. James Rascoe stated although he would not take charge of the Highway Dept until January, safety issues governed the purchase of the 2 CB radios, and that now all the trucks have a CB radio. When Coun. G. Goff asked if the Curb-Flex Delaminators could be re-used, Jim Rascoe replied they could be if they had not been damaged. Coun. Kretser thanked Jim Rascoe for his explanation of the charges. Coun. G. Goff stated he would not approve the vouchers at this time but would reconsider payment by the December 19th special board meeting. General Warrant #12 Claims 264 - 284 $6,074.96 Highway Warrant #12 Claims 206 - 226 $128,017.75 Prepay General Warrant #12 Claims 48 - 52 $2,557.21 Motion to pay approved bills (W.Kretser-G.Goff m/s/p) ALL AYE SUPERVISOR'S REPORT Balances on hand at November 1, 2005 Balances on hand at November 1, 2005 General Fund CK $22,872.72 SV $79,556.03 CLASS $130,770.64 Highway Fund CK $23,696.82 SV $608.60 CLASS $267,824.55 CAP. PROJ. $55,524.77 Landfill CK $614.13 CLASS $71,289.07 Fire CK $1,260.06 CLASS $10,300.00 Cap. Building CLASS $116,080.73 Motion to accept Supervisor's Report (G.Goff-T.Goff m/s/p) ALL AYE BUDGET AMENDMENTS #3 Supervisor Keith stated transfers of funds are necessary to balance the 2005 Budget by year end, and requested the Board to approve the Budget Amendment. Motion for Resolution for Budget Amendment (J.Ordway-W.Kretser m/s/p) ALL AYE RESOLUTION NO. 55: BUDGET AMENDMENT NO. 3 WHEREAS, transfers of funds are required to balance the 2005 Budget by year end, the Board hereby authorizes the following Budget Amendment: AMOUNT ACCOUNT AMOUNT ACCOUNT $1,200 A1220.4 Supervisor $1,200 A1220.1 Supervisor P.S. $4,750. A1990.4 Contingent $1,000 A1330.4 Tax Coll. C.E. $250 A3310.4 Traffic Signs C.E. $2,000 A5132.4 Town Garage C.E. $1,500 A7140.1 Rec Facilities P.S. Those voting aye: Supervisor Mary Ellen Keith Councilman Gene Goff Councilman Tim Goff Councilman Walter Kretser Councilwoman Janet Ordway Those Voting no: None MINUTES The minutes of the November 14, 2005 Board meeting were accepted. (G.Goff-W.Kretser m/s/p) ALL AYE ANDREÉ LABARGE, LABARGE AGENCY Mrs. LaBarge distributed copies of a report summarizing the proposed insurance coverage for 2006 to members of the Town Board, the Highway Superintendent-Elect and the Town Clerk. She reviewed changes in premiums and reviewed the different types of coverage provided by her agency and insurance companies and answered questions from the Board and those present. There are a few changes in the coverage for the town. GENERAL LIABILITY POLICY - covered by the umbrella policy. There are no changes to benefits and the policy based on the TOF budget. OWNERS, CONTRACTORS AND PROTECTIVE policy is not covered by the umbrella policy. PUBLIC OFFICIALS' LIABILITY. This is a claims-made policy which means the Town must report all claims in the year in which they occur. If the Board elects to purchase a new or replacement policy, must keep in mind that the insurance company has retroactive coverage since January 1, 1997. Coun.G.Goff asked if the Town would be covered if sued by a utility because a public official did not notify the utility if his intention to dig in the vicinity of buried cables. Mrs. LaBarge replied all the facts would have to be known first before she could submit the claim. Frank Karl inquired if Board approves an expense and the citizens don't feel expense is warranted and protest, would be Board be covered. Mrs. LaBarge responded that seemed a matter of opinion and not what the coverage is for. Attorney Murphy noted the policy does not include actions taken by the board, but actions by an individual member where suit is brought against board member. Mrs. LaBarge concurred and added it must be a wrongful act. Al Berg asked for a definition of wrongful act, and Attorney Murphy answered with the example of a Highway Dept. employee wrongfully terminated by the Highway Supt. The termination was illegal under federal law, and the employee could have sued the Board, the Highway Supt for between $100,000-$300,000. Al Berg then asked what happens if the Board does not follow through on a matter and someone is injured as a result of negligence. Attorney Murphy replied that the Town is liable. AUTO LIABILITY. New $500 deductible. In September the John Deere Backhoe was included for coverage and in January deleted the old dump truck and included the new one. The Inland Marine policy provides additional coverage. PROPERTY. This policy includes all major equipment (except Highway tools) owned by the Town and provides earthquake and flood coverage. INLAND MARINE (TRIDENT). This includes all general office equipment and covers equipment of the Town Clerk, tax records and voting machines and has a $250 deductible. UMBRELLA POLICY (MERCHANTS MUTUAL). Provides $2,000,000 coverage under general liability, business auto and public officials. INLAND MARINE (GREAT AMERICAN). This covers any vehicle 10 years or newer and provides full replacement cost. Vehicles older than 10 years are provided actual cash value. Coverage up to $25,000 on borrowed equipment and includes a $1,000. This also covers miscellaneous equipment and the necessity for a thorough inventory of Highway Dept. equipment was emphasized. Re-classification of any item valued at over $1,000 must be directed to Andree, who will transfer the item to another policy. BOND. Covers public officials and employees dishonesty. The Tax Collector is bonded for $350,000 with an additional $20,000 from January through April. SUMMARY. Trident premium up from $100 to $115. The company adjustment appearing on the Summary page is a result of Andree's negotiations because last year it was prorated. The total premium for the Town is $25,289, and Supervisor Keith noted the amount is well within the Budget. Mrs. LaBarge handed Supervisor Keith a copy of the complete renewal policy. The Board thanked her for her presentation. HIGHWAY REPORT The Highway Superintendent was not present nor was a written report submitted. HIGHWAY COMMITTEE 1. Budget Exceeded. Coun. G. Goff stated the personal services portion of the per diem labor account had exceeded the 2005 budget by $1,523.56. Two per diem laborers had been hired for summer work, and one still remains at the Highway Department. Lengthy discussion ensued concerning the budget overrun and the 120-day deadline before the per diem laborer is mandated to become part of the Teamsters Union. The Board reluctantly determined because there were no funds available in the 2005 Budget for another full time employee, the per diem laborer position would have to be eliminated and the per diem employee laid off before the end of the week. The Board resolved to order the Highway Superintendent to terminate the per diem employee. Motion for resolution to so order Highway Superintendent (M.Keith-W.Kretser m/s/p) ALL AYE RESOLUTION NO. 56: ORDER HIGHWAY SUPERINTENDENT TO ELIMINATE PER DIEM LABORER POSITION AND LAY OFF PER DIEM LABORER WHEREAS, the Per Diem Labor P.S. portion of the 2005 Highway Department Budget is $10,0000 and WHEREAS, said budget amount has been exceeded by $1,523.56, and WHEREAS, the current per diem laborer was hired to assist in the summer only, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Franklin hereby orders the Highway Superintendent to eliminate the per diem laborer position and to inform the per diem laborer with regret his employment will terminate at the end of the 8-hour workday on Wednesday, December 14, 2005. Those voting aye: Supervisor Mary Ellen Keith Councilman Gene Goff Councilman Tim Goff Councilman Walter Kretser Councilwoman Janet Ordway Those Voting no: None 2. Procurements through end of year. The Board reviewed the necessity for a stop order for all Highway Department purchases through December 31, 2005. Attorney Murphy will draft the necessary resolution. Tabled to December 19th meeting. 3. New Sander. Highway Supt-Elect Jim Rascoe announced the new sander will be delivered by December 20th, with an additional charge for delivery of $250. Upon its arrival, he will notify Supv. Keith. 4. Alder Brook Road Washout. Supt-Elect Rascoe stated Alder Brook Road experienced a washout 2 or 3 weeks ago, and the Highway Dept. had dug a rough ditch. 5. Comments and Questions. a. Coun. Kretser reflected on the vast improvement in the condition of the roads since the election, that crews are out earlier and that it reflects on the Supt-Elect. He evinced satisfaction at the outcome of the meeting between the Highway Committee, Supt-Elect Rascoe and Deputy Supt. Eric Merrill. b. Frank Karl thanked the Highway Dept. for its excellent work on Yemasee Lodge Road. c. Jean Baltzly noted the wonderful work done by the Highway Dept. clearing trees during the wind storm 2 weeks ago. OLD BUSINESS 1. Payroll Policy and Procedure. Coun. G. Goff introduced the resolution to adopt the payroll policy and procedure which was suggested by the NYS Comptroller auditors. Supv. Keith noted the policy will not take anything away from an employee, but will put better methods in place. Motion for resolution adopting payroll policy and procedure (G.Goff-W.Kretser m/s/p) ALL AYE RESOLUTION NO. 57: ADOPT PAYROLL POLICY AND PROCEDURE WHEREAS, at the suggestion of auditors of the NYS Comptrollers Office during the audit of the Town's payroll procedures, the Town Board wishes to ensure its payroll is performed in a lawful and efficient manner, NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts the following Payroll Policy and Procedure: TOWN OF FRANKLIN PAYROLL POLICY AND PROCEDURE These policies and procedures cover the development and processing of salaries paid to the Town's employeesÑthe Town Custodian and employees in the Town's Highway Department. They are designed to establish clear guidelines to facilitate the prompt and efficient distribution of paychecks to the Town's employees, while at the same time instituting necessary internal controls to ensure that taxpayer funds are protected from fraud, waste, and abuse. In the Town of Franklin, there are three essential players in the payroll process: The employees of the Town, The Highway Superintendent, who supervises the Highway employees and is the official responsible by law for certification of the payroll to the Town Supervisor, and The Town Supervisor, who supervises the Town Custodian and is the Town's chief fiscal officer and the official responsible by law for giving final approval to the payroll and the distribution of the salaries. The cooperation of all these players is essential to the success of the Town's payroll system. The payroll policies and procedures follow. A. EMPLOYEE RECORDING OF TIME Each employee of the Town is required to maintain a daily record of the hours he/she actually works, as well as hours taken off on leave. This provides the "total time" upon which employee pay and other decisions are based. Accurate recording of time-attendance and leave accruals is essential. It serves as the determinant of regular and overtime pay, payroll disputes, and to establish the validity of disability claims. Employees of the Town must record their time and attendance in two ways: 1. Use of the Automated Time Clock Each Town employee who is working at his/her permanent work location must use the automated time and attendance time clock located in the Town Garage to record all hours worked. (Separate reporting for employees working away from their permanent work station is discussed later.) The time clock will have an individual Badge Reader Terminal designed to record employee time and attendance. Each employee will be issued a reusable Badge that looks much like a credit card. Each Badge is coded for the use of a single employee. The employee shall "swipe" the card through the terminal to document when an employee arrives and departs work. Failure to "swipe" in and out will result in a "no pay" day in the employee's bi-weekly check, and will be reviewed for possible correction in the next pay period. Each employee is responsible for "swiping" in and out. Only the employee who is issued the Badge is authorized to use it. No employee may use another's badge to "swipe" that employee in or out. Each employee is responsible for maintaining and safeguarding his/her own Badge, and is required to report defects immediately to the Highway Superintendent. The Highway Superintendent shall have several functions with respect to the time clock: a. He shall have overall responsibility for ensuring that the time clock terminal is functioning as intended. He shall promptly report to the Town Supervisor any malfunction in, or damage to, the terminal. b. He shall ensure that adequate replacement badges are on hand to provide to employees who require them. c. He shall familiarize himself with the time clock, orient new employees in its use, and answer questions on its use from all employees. In addition, the Highway Superintendent shall make periodic checks to determine if all highway employees who reported for work are actually working. This is done by examining the daily attendance records and observing that the employees indicated as present are at their work locations. This should be done by the Superintendent on a regular basis. The Town Supervisor shall perform this function with respect to the Town Custodian. The Superintendent shall report any problem to the Town Supervisor for immediate correction of the time-keeping procedures. Adequate follow-up procedures should be performed to insure that abuses, if any, do not recur. 2. Requests for Time Off All employees must submit to their supervisor a Time Request Form for each request for time off, including vacation time, sick leave, and personal days. This form must: Clearly indicate the number of days/hours to be taken off Specify the appropriate leave category and code Bear the correct date Be signed by both the employee and his/her supervisor All requests must be in accordance with the Union Contract and the Town of Franklin Employee Handbook. Incomplete forms will be returned to the employee for correction. All Time Request Forms must be forwarded to the Town Supervisor's Office before the end of last scheduled workday of the current calendar week. Note that "Current calendar week" does not mean "current pay period". Failure to submit a Time Request Form before the end of week for hours not worked will result in "no pay" for the time in question, and will be reviewed for possible correction in the next pay period. B. ROLE OF TOWN SUPERVISOR 1. Initial Preparation of Payroll Payroll data and printed reports will be generated in the Town Supervisor's Office in the Town of Franklin Town Hall. Data collected includes information taken from the Badge Terminal Reader in the Town Garage, as well as all timely submitted requests for time off. The Town Supervisor, or other person designated by the Town Board, are the only individuals authorized to gather payroll information for payroll purposes and to submit payroll information to the Town Bookkeeper. The Town Supervisor or designate will provide bi-weekly data to the Town Highway Superintendent for certification, as required by law, prior to submitting the payroll to the Town Bookkeeper. The Town Supervisor has the right and obligation under Town Law to review all information provided, and to satisfy himself/herself of its accuracy. If the Supervisor has reason to believe that there is an error in the submitted information, he/she shall take necessary steps to ensure that the issue is resolved. Pay may not be made with respect to any item in dispute. 2. Discrepancies between the Payroll Prepared by the Supervisor and the Payroll Certified by the Superintendent of Highways The Town Supervisor must review the payroll certified by the Highway Superintendent to ensure that the information is consistent with the data that the Supervisor has developed. Any discrepancy that exists between the payroll certified by the Highway Superintendent and the Supervisor's records shall be resolved in the following manner: The Supervisor shall notify the Highway Superintendent of the discrepancy. The Superintendent shall promptly notify the employee of the discrepancy, and give him/her the opportunity to submit a written explanation to resolve the discrepancy. All written explanations must be dated, signed by the employee, and submitted promptly to the Highway Superintendent. If the Superintendent believes that the explanation resolves the discrepancy, he/she must make the same certification to the explanation as he/she does with respect to the overall payroll, and return it to the Supervisor. The Supervisor must independently review the explanation, and determine whether he/she believes that it resolves the discrepancy. Pay may not be made with respect to any discrepancy that has not been resolved to the Supervisor's satisfaction. Any documentation associated with resolution of discrepancies shall be kept with the appropriate payroll records. 3. Employee Signature of Time and Attendance record. A hard copy of the official Time and Attendance record will be provided to each employee for review and signature prior to submission to the bookkeeper. The signed copy must be returned to the Supervisor's Office by the Highway Superintendent. This record will be kept on file and serves as an affidavit of the employee's actual time and attendance for each period worked. C. TIMEKEEPING FOR EMPLOYEES NOT REPORTING TO THEIR PERMANENT WORK LOCATION 1. Employees Away from Official Office When employees' duty assignments require them to work at a location away from their official work station, they are still required to maintain complete and accurate time-attendance and accrual records. The employee's supervisor should be aware of the employee's work location and be able to contact the employee by phone. If this supervisor does not accompany the employee, the supervisor at the temporary location will approve the employee's record of hours worked and send it directly to the employee's permanent location supervisor. This will provide adequate reporting control and facilitate computing the employee's total time worked. 2. Individual Employed By One Agency But Working At Another The following requirements apply to situations involving an individual employed by the Town of Franklin, but temporarily on assignment to, and working for, another office or jurisdiction at another location. Examples of this situation include where a Town employee is working for another jurisdiction pursuant to an intermunicipal sharing arrangement or where the Town Custodian is temporarily assigned to the Highway Department. In such cases, if the employee's supervisor is not providing supervision of the employee, the receiving jurisdiction should provide time and attendance documentation sufficient to certify each payroll for this individual. The time and attendance documentation should be essentially the same as that maintained by the employing agency for its other employees. D. EMPLOYEE RESPONSIBILITIES Any employee who tampers with, destroys, or misuses any time recording devices, or who submits any documents or information that results in falsification of time and attendance data, will result in immediate disciplinary action (including termination of employment), and may be referred for criminal prosecution. SUPERSEDURE AND EFFECTIVE DATE This notice supersedes any previous notice or other guidance adopted by the Town with respect to its payroll policies and procedure. This notice takes effect upon adoption by Resolution of the Town Board. Those voting aye: Supervisor Mary Ellen Keith Councilman Gene Goff Councilman Tim Goff Councilman Walter Kretser Councilwoman Janet Ordway Those Voting no: None 2. Payroll Audit. The Board discussed the necessity for and requested Attorney Murphy to prepare a letter to Gary Gifford, NYS Comptrollers Office, that the payroll policy and procedure had been adopted. Motion for resolution (T.Goff-W.Kretser m/s/p) ALL AYE RESOLUTION NO. 58: ATTORNEY FOR TOWN TO DRAFT LETTER TO NYS COMPTROLLERS OFFICE WHEREAS, the Town Board desires formally to notify the NYS Comptrollers Office of steps taken to rectify the deficiencies in its payroll system, NOW, THEREFORE, BE IT RESOLVED, that the Attorney for the Town is directed to prepare a letter to that effect. Those voting aye: Supervisor Mary Ellen Keith Councilman Gene Goff Councilman Tim Goff Councilman Walter Kretser Councilwoman Janet Ordway Those Voting no: None 3. Draft #2 of Employee Manual. Tabled to December 19th special meeting. 4. Fuel Bids. Requests for bids were advertised and any bids received will be opened at the December 19th special meeting. 5. Assessor Laptop. Copies of the quote from OGS for a Dell laptop for the Assessor were distributed to the Town Board. The cost is $1,434.50, and the quote expires on January 12, 2006. The Board approved the purchase. The laptop computer will be used for Town of Franklin purposes only. Motion to approve purchase of laptop computer for the Assessor (M.Keith-T.Goff m/s/p) ALL AYE NEW BUSINESS 1. Upgrade of Supervisor Computer in 2005. Discussion ensued regarding necessity for upgrading the Supervisor's computer. Funds are available for purchase this year. The Town Clerk was directed to search OGS for a 80 to 100 GB computer system and authorized the purchase of a "Zip Drive" for use as a backup system for the payroll system, quotes to be read at December 19th special meeting. Motion to search OGS (W.Kretser-J.Ordway m/s/p) ALL AYE 2. Upgrade of Town Justice Computer in 2006. The Town Clerk was authorized to search OGS for a replacement computer for the Town Justice. Motion to search OGS (J.Ordway-T.Goff m/s/p) ALL AYE 3. General Fund Pick-Up Truck. The Town Clerk requested the members of the Highway Committee to perform a search of OGS for pickup trucks to replace the current General Fund truck. CORRESPONDENCE 1. Increase in County Sales Tax. The Franklin County Legislature voted to increase the sales tax to 8percent. 2. UPS Store. Supv. Keith received a letter from the UPS Store in Saranac Lake announcing it would be closing due to the retirement of the owner. 3. Dept. of Environmental Conservation. Supv. Keith received a letter from NYS DEC in rebuttal to the report submitted to it by the Town. The findings of the Town report listed numerous reasons for its opposition to the proposed Conservation Easement. Discussion ensued. ADJOURNMENT As no further business remained to be conducted, the meeting adjourned at 9:35 p.m. (J.Ordway-T.Goff m/s/p) ALL AYE Respectfully submitted, Sandra J. Oliver, Deputy Town Clerk Click here to see past minutes Return to the top [ Town Calendar & Events ]  [ Town History ]  [ Town Board & Officials ] [ Board Meetings: Minutes/Newsletters/Etc. ]  [ Town Hall Contacts & Info ] [ Town Hall Forms ]  [ Town Photos ]  [ Area Maps ]  [ Rentals & Real Estate ] [ Local Businesses ]  [ Recreational Activities ]  [ Lodging & Accommodations ] [ Kate Mountain Park ]  [ They Told Me So.. Town Journals ] [ Emergency Preparedness ] [ Guestbook ]  [ Email the Town ]  [ Home ] Town of Franklin P.O. Box 209, Route 3, Vermontville, NY 12989 Tel: 518-891-2189 - Fax: 518-891-6389 You are the visitor. Thanks for stopping by.