Adirondack Town Of Franklin
Adirondack Town Of Franklin

Town of Franklin Board Meetings

Regular Monthly Board Meeting
December 14, 2016


Supervisor Art Willman, Councilman Tom Bartiss, Councilman Don Hamm, Councilman and, Councilman Cliff Smalley


Jacques DeMars-Highway Superintendent, Paul Blaine-Code Enforcement Officer, Lauren LeFebvre-Town Clerk, Doris Hamm, Ed Martin, Jamie Rogers and Nancy Bernstein-Adk. North Country Assoc., Michael DeWein North Branch Services and Jeremy Evans-SLCSD Board Member



REVIEW/APPROVAL OF November 9, 2016 Minutes

The minutes were approved as presented(Smalley-Hamm m/s/p) All Aye

APPROVAL OF CLAIMSThe board audited and approved payment of the following claims:

General FundAbstract 12Claims 240-264$9,955.63
Highway FundAbstract 12Claims 172-192$81,664.52
Pre-Pay GeneralAbstract 12Claims 53-57 $2,384.43
Landfill SRFAbstract 3Claims 3 $937.50

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


Balances on hand as of November 30, 2016:

GENERAL FUNDChecking$49,104.16
Kate MT. SRF$32,023.25
Cemetery RF$2,201.80
HIGHWAY FUNDChecking$7,907.61
 Cap. Proj. Hwy.$46,691.46
FIRE PROTECTIONChecking$19,808.94

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


Superintendent DeMars reported the following:

  • Plow/ sanded when needed
  • Cut several trees out of the ditch lines.
  • Patched several potholes.
  • Request $1,545.00 be transferred from A5010.11 to DA5142.1
  • Gas, fuel and maintenance logs given to Highway Committee
  • RESOLUTION #42 Approval to Purchase Box for Truck #3
  • On a motion by Councilman Smalley, second by Councilman Bartiss, BE IT RESOLVED that the Franklin Town Board does hereby approve the purchase of a Viking Box for Truck #3 in the amount of $18,887.


November 2016-4 Building Permits, 1 Violation, 5 Certificates of Occupancy, 13 Inspections and $710.00 Collected Fees.


A. Energy Codes Kick-Off Training

Michael DeWein addressed the board as part of the Town of Franklin's Energy Code Kick-Off training. He explained the different phases of the training and stated the program does not replace a Code Enforcement Officer, nor does it increase regulations over and above NYS Building Code. The program is there to inform builders/homeowners of clean, efficient energy options.


Jamie Rogers and Nancy Bernstein discussed the Clean Energy Communities Program available through NYSERDA and how the Adirondack North Country Association can assist the Town of Franklin in applying for funding assistance available for the construction of a community center. The intent of the program is to provide local governments in NYS to implement clean energy actions, save, energy costs, create jobs, and improve the environment. In addition to providing tools, resources, and technical assistance, the program recognizes and rewards leadership for the completion of clean energy projects.

The first step in the program is to select at least four out of the ten available High Impact Actions. The Town of Franklin has selected Benchmarking, Solarize, Unified Solar Permit and Energy Code Enforcement Training. In regard to these High Impact Actions the following resolutions were adopted:

RESOLUTION #43 Re-Adopt Unified Solar Permit

On a motion by Councilman Smalley, second by Councilman Bartiss,

    WHEREAS, New York State has developed a unified solar photovoltaic permitting process designed to streamline municipal permitting which will reduce costs for solar projects and support growth of clean energy jobs across the state, and

    WHEREAS, the Town of Franklin is desirous of participating in the unified permitting process, thereby increasing the Town's eligibility for various incentives and grants through the New York State Energy Research and Development Authority; now, therefore, be it

    RESOLVED the Town of Franklin adopts the NYS Unified Solar Permit and be it further

    RESOLVED the Town Board authorizes the Supervisor to complete the grant application through the Streamlined Permitting Program to allow the Town of Franklin to receive a grant award up the $2,500 from NYSERDA for the adoption of the Unified Solar Permit Application and; be it further

    RESOLVED that this resolution shall take effect immediately and a copy of this resolution, with Exhibit 1, shall be provided to the Building Department.

Those Voting Aye: ALL AYE

RESOLUTION #44 Adopting Energy Benchmarking Policy Requirements for Certain Municipal Buildings in the Town of Franklin

    WHEREAS, buildings are the single largest user of energy in the State of New York, and the poorest performing buildings typically use several time the energy of the highest performing buildings, for the exact same building use; and

    WHEREAS, this local policy will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Franklin; and

    WHEREAS, collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide; and

    WHEREAS, equipped with this information, the Town of Franklin will be able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement.

    WHEREAS, the following definitions will apply:

      A. “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.

      B. “Building Energy Benchmarking” shall mean the process of measuring a building's energy use, tracking that use over time, and comparing performance to similar buildings.

      C. “Commissioner” shall mean Town Supervisor.

      D. “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Town of Franklin that is 1,000 square feet or larger in size.

      E. “Department” shall mean the name of the authorized body assigned the responsibility if administering the program.

      F. “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.

      G. “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

      H. “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units used per square foot of gross floor area.

      I. “Gross Floor Area” shall mean the total number of enclosed square feet measured between exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.

      J. “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor.

      K. “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.

      L. “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations; and

    WHEREAS, this local policy is applicable to all Covered Municipal Buildings as defined in ITEM D; and

    WHEREAS, the Supervisor or other authorized individual may exempt a particular Covered Municipal Building from the benchmarking requirement if he/she determines that it has characteristics that make benchmarking impractical; and

    WHEREAS, no later than December 31, 2016 and no later than May 1 every year thereafter, the Supervisor or authorized individual or his/her designee shall enter into Portfolio Manager the total energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year; and

    WHEREAS, for new Covered Municipal Buildings that have no accumulated 12 months of Energy use date by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Supervisor or authorized individual or his/her designee shall begin inputting data the following year; and

    WHEREAS, the Department shall make available to the public online Benchmarking Information for the previous calendar year;

      (a) No later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and

    WHEREAS, the Department shall make available to the public online and update at least annually, the following Benchmarking Information; and

      (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and

      (b) For each Covered Municipal Building individually:

        (I) The status of compliance with the requirements of this Local Policy; and

        (II) The building address, primary use type, and gross floor area; and

        (III) Annual summary statics, including EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and

        (IV) A comparison of the annual summary statistics (as required by this Local Policy) across calendar years for all years since annual reporting under the Local Policy has been required for said building; and

    WHEREAS, the Department shall maintain records as necessary for carrying out all the purposes of this Local Policy, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years; and

    WHEREAS, the Supervisor or authorized individual or his/her designeddshall be the Administrator of this Local Policy; and

    WHEREAS, the Administrator of this Local Policy may promulgate procedures necessary for the administration of the requirements of this Local Policy; and

    THEREFOR BE IT RESOLVED THAT within thirty days after each anniversary date of the effective date of this Local Policy, the Administrator of the Benchmarking Policy shall submit a report to the Town Board, including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings identifying each Covered Municipal Building that the Supervisor or authorized individual determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Local Policy; and

    BE IT ALSO RESOLVED THAT this Local Policy shall be effective immediately upon adoption by the Town Board and a copy of this resolution shall be provided to the Supervisor or authorized body assigned the responsibility of administering the Energy benchmarking program.

Motion to adopt Resolution #44 made by Councilman Smalley, second by Councilman Bartiss: ALL AYE


Jeremy Evans, SLCSD School Board Member, presented the board with information regarding the January 10, 2017 district wide bond vote. The $18,000,000 bond is intended to be used to upgrade school buildings. Mr. Evans encouraged residents to vote on this issue.


Supervisor Willman request the board consider holding any raises in salaries for elected officials, in the 2018 budget, to the tax cap.


RESOLUTION #45 Adoption of Town of Franklin Cemetery Policy for All Town Owned Cemeteries

On a motion by Councilman Smalley, second by Councilman Bartiss, BE IT RESOLVED that the following policy is adopted effective immediately:




    This certificate is to verify that _______________________________ has reserved a

    burial plot at Sec._________________Lot______________________ at

    ___________________________________cemetery in the Town of Franklin, Franklin County, NY

    *A fee of ____________________ to reserve the plot has been collected

    by___________________ on_________________20__

    *A one-time perpetual care fee will be assessed and must be collected prior to burial

    Signed by_____________________________________

    Authorized Town Official Date

      Rules and Regulations for Town of Franklin Cemeteries

      • Each plot may consist of one casket or up to four urns. An exception may be made for the death of more than four in one family simultaneously.
      • All caskets buried in any Town of Franklin cemetery shall be encased in a concrete vault. A concrete vault is not necessary for burial urns.
      • Any resident and/or taxpayer of the Town of Franklin can reserve up to two plots for a one-time fee of $100 per plot. At time of burial a one time $100 perpetual care fee will be charged.
      • Non-residents CANNOT reserve a plot. Non-residents must contact the Town of Franklin at the time a plot is required, a one-time perpetual care fee of $400 will be assessed.
      • A signed Privilege of Burial shall be issued by the Town Clerk or Cemetery Custodian to the reserving resident at time of reservation.
      • Any plot reserved before January 1, 2017 shall be exempt from reservation fee.
      • All monument foundations shall be at ground level and four inches larger than the base of the monument to be set, with a minimum depth of eighteen inches. In the event the company installing the monument requires a deeper base, the specifications for the deeper base shall apply.
      • Perpetual care shall be provided by the Town of Franklin in all the cemeteries owned by the Town.
      • The Town of Franklin is empowered to dispose of all dead and rotting flowers and faded plastic decorations as the need arises.
      • All questions regarding the rules and regulations of the Town of Franklin cemeteries shall be referred to the Town of Franklin Cemetery Custodian.
      • No burials shall take place in any Town of Franklin cemetery November 15-April 1. Ground conditions may be favorable/unfavorable at any time. The Town Cemetery Custodian has the authority to accept/deny burial requests due to ground conditions at any time.
      • There shall be no exceptions to the rules and regulations regarding the Town of Franklin cemeteries unless an exception is granted by unanimous vote of the Town of Franklin Town Board.
      • No burial shall take place in the Town of Franklin without notifying the Town Cemetery Custodian or Town Clerk.
      • No burial shall take place in the Town of Franklin before a signed Privilege of Burial is provided to the Funeral Director.
      • Privilege of Burial certificates shall expire twenty years from the date of issue. The Town of Franklin will contact the plot holder prior to the date of expiration to extend the date or cancel the reservation. In the event the Town is unsuccessful in contacting the plot holder, the plot shall be deemed unreserved.
      • All live plants, shrubs, etc must be in a container and removed before November 15. Nothing shall be directly planted into the soil.

      Those Voting Aye: ALL AYE

      Municipal Insurance

      Supervisor Willman reported the cost of the Town's insurance policy for 2017 is $28,461.69.

      Community Building Progress Update

      Supervisor Willman reported Tisdel Associates has visited the site and is preparing preliminary drawings as well as a cost estimate. Supervisor Willman and Tisdel will be in contact with each other after January 1, 2017. As stated previously in the meeting the Town is working to obtain grant funds through NYSERDA with the assistance of the Adirondack North Country Association.


      A. Cemetery

      See Above

      B. Veterans

      No Report.

      C. Celebration

      Visit with Santa Dec 17, Roast Pork Dinner Jan 21

      D. Recreation

      No Report

      E. Building

      See Community Building Progress Update.


      There being no further business to discuss, Supervisor Willman adjourned the meeting at 6:57pm.

      Respectfully submitted, Lauren LeFebvre, Town Clerk

      Click here to see past minutes

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