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Minutes of a Caroga Town Board meeting held on Wednesday April 13, 2016

State of New York

County of Fulton

Town of Caroga

Minutes of a Caroga Town Board meeting held on Wednesday April 13, 2016 at 7 pm at the Caroga Municipal Building located at 1840 State Highway 10 Caroga Lake NY.

Supervisor Robert Sullivan – Absent

Deputy Supervisor Sturchio – Here

Council Member Glenn – Here

Council Member Morris – Here

Council Member Manning – here

There were approximately 31 members of the public in attendance.

Deputy Supervisor Sturchio called the meeting to order at 7 pm. The roll was called and the salute to the flag was conducted. Deputy Supervisor Sturchio made a motion to waive the reading of the March meeting. Council Member Morris seconded the motion. All board members were in favor of the motion.

Public Comment - John Delesky and his wife want to clean up their road and asked where they could drop off the materials collected. Mr. Putman stated they could let him know when it needed to be collected and the highway dept. would pick it up.

Mr. McGrath suggested that this council consider the creation of an ethics board. Deputy Supervisor Sturchio asked if he would like to be on the committee. Mr. McGrath responded that it wouldn’t be necessary but he would be, yes.

At 7:05 pm the Public Hearing on proposed Local Law #1 of 2106 a law to amend the fee structure for dog licensing and to establish a late fee for delinquent licenses. Mr. Dutcher DCO noted the fee for a spayed dog would change from $3 to $5 and for unsprayed dog from $11 to $15. Any dog license renewal that is delinquent on the 15 day of the month following the expiration date will be assessed a late fee of $10.00 if the dog license remains delinquent through the end of the month following the license expiration an appearance ticket will be issued.

It was asked what is done with dog owners who don’t license their dogs. Mr. Dutcher noted an enumeration was done a short time ago. When they are located they pay an extra fee.

Committee Reports:

Assessor’s Report – Mrs. Parker submitted a written report - Tentative rolls are now being completed it will be available by the end of the month. The state sent her 145 sales they are going to use to establish our equalization rate. She is in the process of verifying these sales. The state needs this information as soon as possible.

BTI – Mr. Delesky stated that they started treating on March 31st. Things were still frozen over. All of the streams have received treatment once. It has been effective He hasn’t seen a single larva after the initial treating around Green Lake.

Clerk/Collector/Registrar – The clerk presented the 2016 Tax Collection books for audit to the board. Previously it was suggested that the board could meet to audit books in the future. These books will be available to review in her office. The warrant amount was $3,191,721.41 to which Mrs. Gilbert balanced with the Fulton County Treasurer.

RESOLUTION #2016-055 to accept the Town Clerks Books for 2015 was offered by Council Member Glenn at the April 13, 2016 regular monthly town board meeting. WHEREAS, Linda M. Gilbert Town Clerk presented her books for audit at the January 13, 2016 regular monthly meeting, and WHEREAS, members of the council did review the books, now therefore be it RESOLVED, that the Caroga Town Board does hereby accept the records including monthly reports, to various state agencies, and the disbursement of funds to the Town Supervisor, Dept. of Health, Ag. & Markets and DEC via the town clerk checking account. The motion was seconded by Council Member Morris.

Adopted by a vote of 4 Ayes Sturchio, Glenn, Morris, Manning

The clerk gets a volume of mail and requests through the office. I make every effort to make sure the documents get to the office they are designated for. If the item is for the Supervisor he then decided how the correspondence is handled if it goes on the agenda or is passed on to a committee. If there is a question at any time I ask that you contact me. “I am all about open government.”

I am still looking into more information on a salary adjustment.

Code Enforcement & Sanitation- Mr. Duesler will not be here until after 8 pm. He is a retired assistant chief and a certified code officer. He will work 20 hours a week. Appointments can be made with him. He may want some additional software – Integrated Property System from BAS. It will schedule inspections and do complaint tracking. The cost is $2,270.00 for this year.

RESOLUTION #2016-056 to purchase BAS Intrigued Property System module for the Code Office was offered by Deputy Supervisor Sturchio at the April 13, 2016 regular monthly town board meeting. WHEREAS, the Code Office has indicated a need to expand the current software to include complaint tracking and scheduling, and WHEREAS, Business Automation Services would provide the program upgrade, remote training, and support for the software at a cost of $2,270.00 for 2016, and WHEREAS, there is also a yearly maintenance fee. Now therefore be it RESOLVED, that the Caroga Town Board does hereby move to purchase the Integrated Property System expanded module for the Code Office. The motion was seconded by Council Member Manning.

Discussion: was there enough money in his budget – Mrs. Hillier has been sick for 2 weeks. The clerk noted he has a line item for spending.

Adopted by a vote of 4 Ayes Sturchio, Glenn, Morris, Manning

Mr. Duesler needs to keep up his certification and has indicated that he needs to attend a training to keep current.

RESOLUTION #2016-057 to allow the Code Office to attend training was offered by Deputy Supervisor Sturchio at the April 13, 2016 regular monthly town board meeting. WHEREAS, the code office has indicated a need to attend a training to keep up his certification and WHEREAS, on May 10 & 11th 2016 Cornell cooperative Extension is offering a CEO Code update in Albany NY, Now therefore be it RESOLVED, that the Caroga Town Board does hereby authorize the Code Office to attend the training with the board paying his hourly rate.

The motion was seconded by Council Member Morris.

Adopted by a vote of 4 Ayes Sturchio, Glenn, Morris, Manning

Blight - Deputy Supervisor Sturchio suggested setting a date to conduct the Adopt- A-Highway program. The second weekend in May Saturday the 7th at 10 am was set. Those who want to participate will meet at town hall to collect garbage bags and safety vests and instruction.

Dog Control – Mr. Dutcher reported that he received 7 calls for the month. He issued one criminal summons which has been taken care of through the court.

Golf Course – Mr. Jennings reported that the golf course opened up April 1st and closed April 2. The weather was nasty. The course is in good shape and they will reopen on Friday morning at 10:00 for the season. They did mow the greens, Tee’s and aprons. Only the back 9 will be open. He conducted the junior clinic at the Wheelerville School the 3rd week of March. They do the snag golf. A junior class will be conducted at the course in the summer. Also Summer Recreation will be on the golf course July 18th & 20th. Mr. Jennings was in contact with someone with a drone and he wants to hire him to put pictures of the course on the computer. The cost is $50.00 per hole and it will be on you tube for free.

Painting was done in the pro shop and the windows on the outside are almost done.

Highway- Mr. Putman noted the reserve was met on the pickup truck he put on Auctions International.

RESOLUTION #2016-058 to accept the bid on the 2004 pickup truck that was placed on Auctions International was offered by Council Member Glenn at the April 13, 2016 regular monthly town board meeting. WHEREAS, Mr. Putman informed the board the he wanted to put the 2004 Chevy Silverado 2500 HD Pickup with Plow vin#1GCHK24U34E334151 out to bid, and WHEREAS, the item was place on Auctions International with a reserve of $2,500.00 for the truck with plow in as is condition with 94,021 miles on it, and WHEREAS, the auction closed this evening with a bid of $3,350.00, now therefore be it RESOLVED, that the Caroga Town Board does hereby move to accept the bid of $3,350.00 for the truck. The motion was seconded by Council Member Morris.

Adopted by a vote of 4 Ayes Sturchio, Glenn, Morris, Manning

Mr. Putman attended a Highway Superintendents Association meeting at Saltsman's today. A representative from CHIPS was there. He explained the new forms and stated they hope to simplify the process of online filing. There is a possibility of more money this year and we are guaranteed to get what we got last year.

The state put on chainsaw and chipper training which he and his men attended. It was a huge success countywide. Tomorrow there will be MSHA training for mining safety. Any one of the men who drive equipment onto a pit like Carvers to get gravel has to have this certified mining safety training.

He would like the board to think about having part time help next year. With so few men in the department if 3 men call in sick on a Monday during a snow storm he is in trouble for help. The town used to have past employees come back. He would need to add it into his budget for next year. This would be on an on call basis. He would like one maybe two on a part time basis.

Mr. Putman asked about the status of the garbage truck. No information is available as Mrs. Hillier has been sick for two weeks.

The department is working on potholes. They will start cleaning up and grading the roads. They are currently working to replace the culvert pipes in Stoner Lake. This has needed to be done for a while. Next they will move down to Old State Road where there was a cave in.

He has been out soliciting bids to cap East Shore Road with 1 ½ inches top mix and to mill out Alderwood Park Road too.

Mr. Putman noted he is still waiting for answers about making East Shore Road one way. He will have his clerk write a letter. A few years ago making East Shore Road one way during the summer months was suggested. He needs to look into the legal issues. This would be on a trial basis.

Council Member Glenn noted the issues are the speed of the vehicles and the volume of traffic. One half of the street would be designated a walking/bike path for general public use. Again it would be a trial and only during the summer months.

Council Member Manning stated people have asked him about some road maintenance issues. He asked Mr. Putman if he could roll the roads after they were graded. Mr. Putman stated they do this now.

Mr. Jennings asked if the digital speed signs were going to be in use again over Memorial Day near the golf course. The Supervisor has to look into this.

A member of the public asked what is the town trying to solve by making the road one way. Traffic flow patterns and a concern by several residents about the amount of traffic and the speed they are going. Solutions offered were speed bumps, one way streets, and police presence. Traffic would be separated from the public by a barrier perhaps. The path will be on the lake side. Council Member Manning did not think barriers were the answer. He suggested paint in the road. Mr. Putman noted this is in the infancy stage. He did not want it to go negative yet. It needs to be tried. The people on the road are complaining about the speed. Something has to be tried. Mrs. Barrett asked about the height of the barriers – 36” was the response. She thought it was a great idea to make the road one way.

Mr. Putman noted the logging issue needed to be looked into with open minds. Most of the property is surrounded by state land. He knows there are questions about damage and runoff. Mr. Putman noted Irving Pond has been logged for the past two years. He has not heard any concerns about it. Logging improves the food for the animals and gives the town money to work with – it is a win - win.

A buffer zone was suggested so cutting would not be visible from the road. A forester would go in and mark the trees for the town so you know what is being cut and not ruin the property. A proper landing will help alleviate problems. Council Member Manning was concerned about visibility from Rte. 10 near the Pinnacle. The area was last logged about 20 years ago. They have to clean up after themselves.

Mr. Putman asked if Mr. Vickerson was at the meeting tonight. He had a question about the clear span structures – the salt barn. If there is money for that he would like to move forward with this. Mr. Putman asked where the board was going to put it so he can begin looking into the necessary permits and to have the APA and Soil and Waters look at it. The area by the cell tower was discussed. He knows there are a couple of residents in the area who have concerns. No one has contacted him with questions. Mr. & Mrs. Ford were away. He was asked to reach out to them.

Mr. Duesler was introduced. He stated he would be working 20 hours a week on Monday and Tuesday from 8 – 3 and Wednesday 8 – 2. He may do a Saturday during the summer. He will try to accommodate everyone. He would like a cell phone with service up here. He may need a secretary part time. This way he wouldn’t have to spend time on the computer which he is “not that fast of a typer.” He was asked to give some ideas as to his needs. An AT&T phone was suggested. He has money in his budget for that.

At 7:58 a final call for comments on proposed Local Law #1 -2016 were asked for. Mr. Kirch suggested increasing the fee for an unlicensed dog when found. Since this was not part of the Local Law it cannot be changed at this time. Hearing no other comments the public hearing for the Local Law was closed. The board set May 1, 2016 as the date the local law would take effect.

RESOLUTION #2106-059 to adopt the Local Law #1 of 2016 to amend Section 8 & 9 of Local Law #1-2012 was offered by Deputy Supervisor Sturchio at the April 13, 2016 regular monthly town board meeting. WHEREAS, the Dog Control Officer Howard Dutcher suggested amending Local Law #1-2012 to include a late fee and to increase the cost on a license in the Town of Caroga, and WHEREAS, the proposed Local Law was advertised in the Leader Herald newspaper on March 26,2016 and posted on the town clerk’s bulletin board on March 24, 2016 and, WHEREAS, a public hearing was held this evening with no objection from the public, now therefore be it RESOLVED, that the Caroga Town Board does hereby amend as follows:

Section 8: Term of License and Renewals

Any dog license renewal that is delinquent on the 15th day of the month following the expiration date will be assessed a late fee of $10.00. If the dog license remains delinquent through the end of the month following the license expiration an appearance ticket will be issued.

Section 9: Fees

(A) Individual Dog License Fee

$4.00 for a spayed or neutered dog

$12.00 for an un-spayed or unneutered dog

(B) State Mandated Animal Population Control Surcharge

Each individual dog license for a spayed or neutered dog shall be subject to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed.

Each individual dog license for an un-spayed or unneutered dog shall be subject to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed.

Council Member Morris seconded the motion.

Adopted by a vote of 4 Ayes Sturchio, Glenn, Morris, Manning

Lake Steward Program - Boat washing Station - Mr. Durkee noted last year the former town supervisor worked with the Soil & Water Department on getting a boat washing station. Mr. Durkee has gotten quotes from three suppliers for a pressure washer.

  1. Landa model includes trailer, hoses maintenance, & training $14,000.00

  2. Hotsy model includes trailer, hoses, & accessories $12,343.90

  3. Northern Tool model includes trailer, hoses, freight $8,280.09

Paul Smith uses the Landa model. Mr. Putman has the Northern model at the highway garage. There is money already set aside for the town and would be a full reimbursement for the equipment. It will take some time to get the reimbursement. The board discussed the various models. One difference is the length of the warranty. They all have a Honda motor, a boiler unit, and an industrial pump. Some of the machines have dealership support. All of the machines meet the requirement to do the job. Mr. Putman stated you are paying for the name. He has used his Northern machine frequently and hard for the past three years. They have had little problem with it. He offered his help if there is a problem with the machine.

Mr. Durkee discussed the storage location of the pressure washer. He noted at other locations in the park they have purchased storage containers for the daily storage. They cost about $4,000.00 or to rent one is $700 - $800 a year. Deputy Supervisor Sturchio noted that would not fit our code. It was decided to look into purchase of a storage shed from the Amish. Other items to be purchased are signage, safety equipment, oil socks, goggles, and gloves and cone a cost of about $900.00. It was asked if we have to have additional liability Insurance for this. The board thought we would. It was noted that there will be a 15 X 30 gravel infiltration basin for the water used to clean the boats. The station would be manned about 76 hours per week – it is not mandatory yet. Deputy Supervisor Sturchio noted the importance of educating boaters on invasives. Mr. Durkee stated it is state law they you may not transport or introduce any visible vegetates or animal matter into state water. If we get the grant it would be a three year program.

A resident asked how much time it would take to wash a boat – would people be waiting in line. Is the noise going to affect the golfers? Mr. Durkee checked and the noise is minimal. The time depends on the boat size. Blowing out the intake of Personal Water Craft may take more time also. He estimated the time to do a boat to be about 8 – 10 minutes. The space would allow 2 – 3 boats to be pulled in. At this time canoes and kayaks may not be done. He estimates there would be about 200 boats cleaned this first season. Adirondack signs would indicate a boat washing station ahead. A red temporary sign on site would also be placed. Council Member Manning asked if the fuel costs would be reimbursed as well. Mr. Durkee will find out. Mr. Putman noted the fuel cost is minimal.

A resident wondered if the town should wait to see how much money is awarded before the board decides on which machine to purchase. Mr. Durkee stated “we can be reimbursed up to total of $26,000.00.” This is only for the equipment not the wages. Deputy Supervisor Sturchio wanted the board to go for the machine that DEC is using. He thought you buy a machine once – you buy a good machine and it lasts. The site work prep work will cost $6,000 - $8,000 according to Mr. Putman. The trees will cost another $1,000.00. An electric line has to be run and a submersible pump purchased for the well.

RESOLUTION #2016-060 to purchase the Northern Tool Pressure Washer was offered by Deputy Supervisor Sturchio at the regular monthly meeting of the Caroga Town Board held on April 13, 2016 at the Caroga Town hall. WHEREAS, Mr. Durkee is heading up the project to get a boat washing station up and running in the Town of Caroga and WHEREAS, the board reviewed and discussed the three estimates and features of a pressure washer, now therefore be it RESOLVED, that the Caroga Town Board does hereby move to purchase a the Northern Tool model for the boat washing station at a cost of $8280.09. The purchase is contingent on the Budget Director finding the money in the budget to purchase the equipment. Council Member Manning seconded the motion.

Adopted by a vote of 4 Ayes Sturchio, Glenn, Morris, Manning

Buildings – Don Travis reported that the contractor can’t get the parts for the bilko door to be installed at the south end of the building. One of the council members will talk to him. The clinic has asked that the ramp at the entrance to their office be made larger. 30” wider was suggested to come out to the corner of the building this would enable a stretcher to navigate the ramp. Ralph Hayner will give an estimate to put a shed roof over the clinic entrance.

Weeds – Bob Sullivan was going to now be monitoring the dam.

Youth – Council Member Morris met with the director Rachel Simonds. There is a problem with the aquatics director. They have both talked to the state several times. The regulations are getting stricter and it is nearly impossible to have an aquatics director. The children went to Pine Lake once a week last year. They will look into doing that again this year. They need to find a place for the children to go when the weather is not good. Council Member Morris stated the air quality in the gym “is horrible in there.” It is currently being used for storage. The Wheelerville School is cleaned during the summer and there is the possibility of a construction project this year. That is out of the question.

Rachael Simonds noted last year they didn’t have any rain dates. One suggestion was to use the meeting room for the kids. On average she has 40 kids that come. She did not have a problem with the smell as she always has the doors open. In the past if the weather was bad the program was canceled. The gym was again suggested as a location. Council Member Glenn noted 3 tests have been done on various parts of the building. The higher parts per billion were at the south end of the building and in the gymnasium all were within safe standards. He stated ventilation was needed. Deputy Supervisor Sturchio suggested doing the tests again. Council Member Manning thought the gym would only be used in an emergency site not routinely. A walk through of the area was suggested for next week.

Council Member Morris noted they want to get the applications out a lot sooner. They don’t want to hire too many counselors. They would like the applications back the middle of June. Another issue is the swim tests. The person they used to use is no longer certified. Someone from the YMCA came up last year and on a second occasion the kids went down there for a repeat test. Once the date is set for the test that is it. Unless the child is tested they won’t be allowed in the water. Deputy Supervisor Sturchio wanted to establish the gym as the area for the kids. Things will be moved around.

Rachael asked that the board look into getting a pedestrian cross walk or pedestrian crossing signs to the park across from town hall. DOT has to approve it, Mr. Uncer will be contacted.

Sherman’s Advisory Committee – Report to accept the final draft of the Request for proposals. Kent Kirch stated they are nearly ready to post publicly a RFP for the property. The latest draft includes suggestions from the board. Late today the committee heard back from Town Attorney Sal Ferlazzo with some legal language that needs to be added to the template. Council Member Manning just received that email. With that it will be complete. Deputy Supervisor Sturchio noted and read from the last meeting minutes. “Council Member Sturchio and Morris wanted to simplify the process. They don’t want anyone shut out, everyone can apply.” As long as anybody has access to be able to put in their idea he is good with it. Mr. Kirch was determined to be the spokesperson for the committee and the point of contact for anyone who needed help. He asked for a resolution from the board to accept the proposal template with the added verbiage from the town attorney. The next step is the committee is developing a real estate spec sheet to put with the posting. Another meeting will be set for the first week in May. At that meeting they will focus on the marketing and communicating the proposal opportunities beyond the public announcement. They also want to have a public meeting so everyone can meet the committee and hear what the plan is and to ask questions. The group has a scoring mechanism to review the proposals. It is a weighted vote out of 100.

If one of the criteria is unacceptable to the committee that would trigger an unsatisfactory point score. Say a factory was going to pour pollutants into the lake that would be unacceptable no matter how great the rest of the proposal was. Deputy Supervisor Sturchio asked for a resolution to accept the RFP. The Town clerk asked to hear the verbiage from the Town Attorney.

Council Member Manning read the Legal Statements from Attorney Sal Ferlazzo.
The Town reserves the right to reject any and all Proposals, in whole or in part, submitted in response to its RFP. Those submitting Proposals do so entirely at their expense. There is no express or implied obligation by the Town to reimburse any firm or individual for any costs incurred in preparing or submitting Proposals, preparing or submitting additional information requested by the Town, or for participating in any selection interviews. Submission of any Proposal indicates acceptance of the conditions contained in the RFP, unless clearly and specifically noted otherwise in the Proposal. The Town reserves the right to waive any and all informalities and to disregard all nonconforming, non-responsive or conditional Proposals. The Town may, at any time by written notification to all Proposers, change any portion of the RFP described and detailed herein. The Town represents that acceptance of any proposal must comply with provisions of Town Law, including those relating to leases/operating agreements for public property.

Mr. Kirch noted that the committee is not making any decisions about the Sherman’s Property. The board will decide what happens. They will simply make a recommendation. Council Member Glenn wanted to review and digest the legal language just read off. He would like a copy of it. The matter was tabled until the document is in its final form. Council Member Morris noted there was one board member/ the Supervisor missing this evening and he has not seen this. She did not want to hold up the process however… Having a work session was discussed and set for Wednesday April 20th at 7 pm.

Under the Supervisors Report:

1) Logging the board will look into that.

2) Garbage Truck financing – the Bookkeeper has been sick nothing has been looked into yet.

3) Set a date to have Guy Parenti’s personal contents removed from the Sherman’s property.

Deputy Supervisor Sturchio suggested sending out a letter by May 1st asking for removal of the items by June 1st. The public began talking among themselves. A resident asked who decides what he owns. How could you determine the list is correct? Council Member Manning wanted proof of ownership of the items. Mr. Putman noted the donation was specific to the town. Another resident asked how after a year can someone come back and say they want their stuff. The items should have been specified before this. Mr. Manning thought he should be given some time to produce documents/sales slips as proof. The board decided to contact the town attorney. The town has insured all of the items for the past year.

4) The lifetime benefits issue was tabled until the supervisor returned. Council Member Glenn noted the public’s concern on this issue and stated this could not be acted upon tonight.

Old Business: Sealing and striping of the parking lot. The town clerk has a folder with advertisement of people to contact. More information will be available for the next meeting.

New Business: The board was asked to get prices of other vendors who may want to do the mowing on the Sherman’s property. The clerk spoke to Mr. Knapp who was interested in giving a quote. He recently had a death in the family and he has not yet given a quote.

At 9:10 pm Council Member Sturchio made a motion to enter into an executive session to discuss pending litigation issues. Council Member Morris seconded the motion. All board members were in favor of the motion.

At 9:40 pm Council Member Glenn made a motion to exit from the executive session. Council Member Morris seconded the motion. All board members were in favor of the motion. There were no decisions as a result of the executive session.

RESOLUTION #2016-061 to terminate the employment of Shelia Yates Code Officer was offered by Council Member Morris at the regular monthly meeting of the Caroga Town Board held on Wednesday April 13, 2016 at Town hall. WHEREAS, the Town Board held an executive session on February 24, 2016 and WHEREAS, the board entered into an executive session to enter into an executive session for the purpose of discussing the medical, financial, credit or employment history of a particular person or corporation or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation, and WHEREAS, the next morning Council Member Sturchio and Council Member Morris met with Ms. Yates with the purpose of terminating her employment with the Town of Caroga, Now therefore be it RESOLVED, that the Caroga Town Board does hereby record and ratify the decision made on February 23, 2016 to terminate the employment of Ms. Yates. The motion was seconded by Deputy Supervisor Sturchio.

Adopted by a vote of 4 Ayes: Sturchio, Glenn, Morris, & Manning

At 9:43 Council Member Sturchio made a motion to adjourn. The motion was seconded by the entire board.

Respectfully Submitted,

Linda M. Gilbert RMC, CMC

Caroga Town Clerk

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