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Minutes of the regular monthly Caroga Town Board meeting held on Wednesday November 9, 2016

State of New York

County of Fulton

Town of Caroga

Minutes of the regular monthly Caroga Town Board meeting held on Wednesday November 9, 2016 at 7:00 pm at the Caroga Municipal Building 1840 State Highway 10 Caroga Lake NY . Deputy Supervisor Sturchio called the meeting to order at 7:00 pm. The roll was called with the following results. The salute to the flag followed.

Deputy Supervisor Sturchio – Here

Council Member Glenn – Here

Council Member Morris – Here

Council Member Manning – Here

Other Department heads in attendance were Lita Hillier – Budget Director/Bookkeeper to the Supervisor, Steve Jennings – Golf Professional – Greens keeper- Manager, Steve Putman – Highway Superintendent, John Delesky – BTI, Don Travis – Building Maintenance, and John Duesler – Code/Sanitation Officer. There were approximately 57 members of the public in attendance.

Deputy Supervisor Sturchio made a motion to waive the reading of the minutes of the October meeting. Council Member Glenn seconded the motion. All board members were in favor of the motion.

The meeting was to start with an executive session with Attorney Ferlazzo however he had not arrived. The board proceeded with the meeting.

Public: No public comment this evening

Department Reports:

Assessor’s Report – REMINDER: Enhanced STAR forms are due by March 1st 2017. Deputy Supervisor Sturchio reported there was nothing from Mrs. Parker. He believes we have found a new assessor for the town. She has works for 4 other towns and has been doing assessing since 2004. She will put in one or two days Deputy Supervisor Sturchio stated. The last 3 towns she has brought them up to 100% assessment. The Board has pretty much decided they will bring her on board. They still have to decide how many days they think they need to have her here. She has limited availability.

BTI –Mr. Delesky reported that he has 50 gallons coming tomorrow. He used 54 gallons this year. He sent in his report to DEC in Warrensburg via registered mail. One of the employees won’t be returning to the program after 25 years. Mr. Delesky will post ads at Canada Lake Store, Town Hall, Craig’s List, and at the Post Office. If anyone is interested in the position please let him know. He hopes to have a 30 hour class in December for that person so they can take the exam.

Clerk/Registrar –Mrs. Gilbert gave the monthly report to the board. I am concerned that the Deputy Town Clerk line item is over budget. She asked the board for direction – should the office be closed those hours or is there money in the budget for a transfer. Mrs. Hillier stated there is money in the contingent line item.

RESOLUTION #2016-119 to transfer funds was offered by Deputy Supervisor Sturchio at the regular monthly meeting of the Caroga Town Board held on November 9, 2016 at Caroga Town Hall. WHEREAS, the Town Clerk – Linda Gilbert notified the board at a previous meeting and again this evening that a line item in her budget was overdrawn, and WHEREAS, the board discussed and decided that it is their desire to keep the office open for the remainder of the year, and WHEREAS, the Budget Director – Mrs. Hillier has indicated that there are funds available in the Contingent Line item now therefore be it RESOLVED, that the Caroga Town Board does hereby move to make the following transfer of funds:

FROM: A 1990.4 Contingent $1500.00

TO: A1410.11 Deputy Town Clerk $1,500.00

Council Member Manning seconded the motion.

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

Code Enforcement & Sanitation – Mr. Duesler gave a status report for 2015. He started with 92 opens permits – 60 have been closed out. He will try to get the others done by the end of the year. He sent out letters to property owners concerning the junk law. He reported that he asked someone to pick up junk in yard and had compliance by the end of the day when he went home.

He drafted a letter on unsafe buildings. He would like the town Attorney review it. There are 4 on his list that he deems unsafe unfit for human occupation or endanger of collapse – it is structurally unsound. The property owners have to have due process to fix the problem or get necessary permits. He noted it could end up with him having to have people kicked out of their house. He has the power to do it. He stated a few are zombie buildings – he cannot find the owners. Mr. Duesler would not act unless there is imminent danger of collapse. For the period from October 1 to October 31st four sanitation permits were issued and nineteen building permits were issued. The fees collected were $1564.60 with a valuation of $300,500.00

Blight – Council Member Glenn announced the next meeting is Thursday November 17th at 7:30 pm at town hall. At one of the meeting Jennifer Blowers had some interesting comments. He would like Mr. Duesler and Jennifer to attend a blight meeting. He wants them to be a part of the committee. Mr. Duesler is out of town for next meeting.

Dog Control – Mr. Dutcher had no report

Golf Course – Mr. Jennings was asked how his fingers are. He stated they were OK. Mr. Jennings wanted to discuss the 2017 rates. Suggested the board keep them the same as last year. He did not think they should reduce them. People are calling to ask what the rates are for next year. The board discussed a senior rate as being 65 and the rate to be. Council Member Manning asked if the town would see a significant increase in people coming here or see less money coming in. It would be tried for a year. The special fall rate helps Mr. Jennings stated. The board decided to have the fall rate annually.

RESOLUTION #2016-120 to Set the 2017 Rates for the Nick Stoner Municipal Golf Course was offered by Deputy Supervisor Sturchio at the regular monthly meeting of the Caroga Town Board held on November 9, 2016 at Caroga Town Hall. WHEREAS, Mr. Jennings Nick Stoner Golf Pro, Greens keeper, and manager of the Nick Stoner Municipal Golf Course discussed with the board his desire to set the rates for 2017, and WHEREAS, the board discussed the rates including a new senior rate for 2017. Now therefore be it RESOLVED, that the Caroga Town Board does hereby move to set the rates at the Nick Stoner Municipal Golf Course as follows:

New Senior Rate – 65 years of age $425.00 prior to May 1st, 2017

The incentive rate -prior to May 1st 2017:

Individual Membership -$495.00

Couples Combined membership -$915.00

Starting May 2, 2017

Individual Membership -$550.00

Couples combined membership -$975.00

Juniors -age 20 and under -$125.00

Weekly Play -$120.00

Monthly Play $240.00

18 Holes (Monday through Sunday) Yellow Ticket -$22.00

9-Hole Ticket -$12.00

Lockers - $35.00

Fall rate begins September 15th and runs until the end of the season- 18 holes with a cart is $24.00.

Council Member Morris seconded the motion.

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

Mr. Jennings stated everything is winterized. He sprayed the greens with the final fungicide yesterday. He borrowed a compressor from the Town of Johnstown about a month ago. On hole #7 he dug test holes to see what was under the humps. He thinks he can get it moved with a bulldozer. He would like to rent one to do the work in the next month if there is money in his budget. The cost is $800.00 plus travel – it may be about $1,000.00. The time allotted is either 40 hours or a week whatever comes first. Mrs. Hillier noted there is money in his budget. He invited the board to come onto the course to review the project with him.

Resolution #2016-121 to use funds from AXXXXX for renovation of hole #7 at the Nick Stoner Municipal Golf Course was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on November 9, 2016 at Caroga Town Hall. WHEREAS, Mr. Jennings discussed again with the board his desire to do some renovations to hole #7 on the Nick Stoner Municipal Golf Course, and WHEREAS, a price of $1,000.00 was given to rent a bulldozer for one week or 40 hours whichever comes first, now therefore be it RESOLVED, that Mr. Jennings is hereby authorized to spend up to $1000.00 to rent the necessary equipment to do work on hole #7.

Council Member Morris seconded the motion.

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

It was noted that he won’t touch irrigation lines. He will make the fairway go alongside the cart path and up to the green. Trees will have to come down – there are 6-7 that overhang the hole. Mr. Jennings asked for help getting the logs off the golf course. There are 3- 4 pines and 3-4 hardwoods. Mr. Putman responded –certainly the highway department will help.

Mr. Jennings offered Mr. Putman use of the bulldozer for a day. He needs a flatbed to take the trees out.

Attorney Sal Ferlazzo arrived at 7 21 pm.

Highway – Mr. Putman reported he has had a bunch of state inspections due on equipment. Everything passed and is doing well. The new garbage truck is in service effective Monday morning. He urged the board to put the old one out to bid with Auctions International. He did not have a minimum at this time. Mr. Putman will ask for advice on selling the truck from Auctions International.

Resolution #2016-122 to put the 2004 Garbage truck out to bid with Auctions International was offered by Deputy Supervisor Sturchio at the regular monthly meeting of the Caroga Town Board held on November 9, 2016 at Caroga Town Hall. WHEREAS, Mr. Putman – Highway Superintendent discussed with the board that the new Garbage Truck was on the road, and WHEREAS, Mr. Putman discussed with the board his desire to put the 2004 International compactor truck out for bid on the Auctions International site. Now therefore be it RESOLVED, that the Highway Superintendent is hereby authorized to put the 2004 International Packer out to bid with Auctions International of 11167 Big Tree Rd. East Aurora, New York 14052 Phone: 800-536-1401 Fax: 800-569-3334.

Council Member Glenn seconded the motion.

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

Locally Mr. Putman wants to put out to bid three surplus items from the Highway Department. He has the axels from the equipment trailer - it has air brakes. It could make a nice pup trailer for someone. It is worthless to the town it has brakes and brake cans on it. He put about $1500.00 into the trailer before it went bad. He also has 8 -9 usable old bias ply trailer tires. He has no use for them. The last item is an old flatbed from an old pickup truck. The board discussed setting a minimum for everything or selling the items individually. If they don’t sell he will take the tires to land fill.

RESOLUTION #2016-123 to put out to bid three Surplus Highway Items was offered by Deputy Supervisor Sturchio at the regular monthly meeting of the Caroga Town Board held on November 9, 2016 at Caroga Town Hall. WHEREAS, Mr. Putman – Highway Superintendent discussed with the board three items that were surplus at the Caroga Highway Garage, and WHEREAS, Mr. Putman recommended the items be advertised locally for sale, now therefore be it RESOLVED, that the Caroga Town Board does hereby move to individually put out for bid Item #1 – Tires: Two (2) DEESTONE 7.50-15, Four (4) HERCULES “Low Platform Trailer” 7.50-15, Two (2) POWER KING 7.50-15, Item #2 1 set of AXLES connected Duel, with Air Brakes 11280 GAWR, tires good, New Air Cans – item is off a Wisconsin Equipment Trailer. Item #3 Flat Bed for 8’ Box Aluminum Frame Wood Bed. with the bids being opened on Wednesday November 16th, 2016. The motion was seconded by Council Member Morris.

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

Mr. Putman stated if they don’t sell he would take then up to the landfill.

At 7:27 Deputy Supervisor Sturchio made a motion to enter into an executive session for pending litigation, contractual negotiations with American Towers, and correspondence from the APA on the Balboaa property - negotiations. It was stated that after the executive session there will be an information discussion on Morey Road and a SEQR review. Council Member Glenn and Morris seconded the motion. All board members were in favor of the motion.

At 8:07 pm Deputy Supervisor Sturchio 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.

Council Member/Dr. Glenn is out of the meeting on a work related call. He re-enters at 8:10 pm

Lake Steward Program – no report

Town Hall Building – Don Travis noted the ceiling leaks are under control he has sealed all the leaks.

The clerk asked that Resolution #2016-000 for the bid on surplus highway equipment opening be amend. There is not enough time to advertise and received bids in 7 days.

RESOLUTION #2016-124 to amend Resolution #2016-124 was offered by Council Member Morris at the regular monthly meeting of the Caroga Town Board held on November 9, 2016 at Caroga Town Hall. WHEREAS, Mr. Putman – Highway Superintendent discussed with the board three items that were surplus at the Caroga Highway Garage, and WHEREAS, Mr. Putman recommended the items be advertised locally for sale, and WHEREAS, the date set to open the bids did not give sufficient time for publication and responses back, now therefore be it RESOLVED, that the Caroga Town Board does hereby move to put the three items out to bid and to open the bids on Tuesday November 29th, 2016 at 9:30 am in the clerk’s office.

The motion was seconded by Deputy Supervisor Sturchio.

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

Attorney Ferlazzo gave a presentation on Morey Road extension. Each board member was given a packet. The first page is a summary of the exhibits and of the events that took place at the October 12, 2016 meeting. Attorney Ferlazzo noted Morey Road is a public road owned by the Town of Caroga which back up to the state lands. It is the connector passage way. The hearing was open Attorney Ayres did submit additional information dated October 18th, 2016. Attorney Ferlazzo reviewed the exhibits and listed them. Attorney Ferlazzo noted in exhibit 11 Attorney Ayer’s argument he stated the information provided during the hearing fell short of the eminent domain law. Attorney Ferlazzo was not sure how he could know that when he had the materials here before the hearing started. Attorney Ayres supplemented with a document dated October 18, 2016 received in the clerk’s office via priority mail dated October 18, 2016 with a scheduled deliver date of 10/18/16, but we accepted it.

Tonight we will go thought SEQR – State Environmental Quality Review Act and do a full assessment. The town is the lead agent and the applicant. The SEQR resolution has to be done before the board can issue its findings and determination. If the Board accepts all that after that the process is the Town Attorney creates a synopsis which is filed then letters go out to the property owners identifying what is going on as the next step. Then the entity the town has retained out of Rochester will facilitate an appraisal that goes to each of the property owner showing what we feel is the value. If they refuse to accept it or if they don’t act the town can go to court. We intend to file a petition so that the people will be able to use this connector for the season. This is not like a normal eminent domain as we are not taking someone’s house – This is an area we feel belongs to the town. We are taking it as a precaution to not have it barricaded for the year. This just confirms that there is no doubt that the town owns the property. Tab # 1 is the SEQRA. J. Christopher Foss P.L.S gave the figures as follows: The roadway 3,073 feet times 15 feet wide equals 46,095 Sq. Ft divided by an acre which is 43,560 equals 1.06 acres. The lands uses that exist there are forest, park land and rural and residential near that area. Attorney Ferlazzo reviews the SEQRA questions with the board. The seven page document (part 1, 2, & 3) are on file in the Town Clerk’s Office. In summary Attorney Ferlazzo asks Deputy Supervisor Sturchio to sign and date page 3 of part 1 of the Short Environmental Assessment form? The next part is the impact Assessment. Attorney Ferlazzo reviews part 2 the Impact Assessment form with the board. He noted that if the board did not agree with anything that obviously changes will be made. This is the board’s decision he is just assisting as the author of the document. He noted this is a screening process to see if the project would have a major, minor, or no impact on the environment. Attorney Ferlazzo noted Deputy Supervisor Sturchio can sign part 3 only after they go through the resolution (tab #2)

RESOLUTION # 2016-125 SEQRA MOREY ROAD EXTENSION PROJECT TOWN OF CAROGA, FULTON COUNTY was offered by Deputy Supervisor Sturchio at the regular monthly meeting of the Caroga Town Board held on October 12, 2016 at Caroga Town Hall.

WHEREAS, the Morey Road Snowmobile Trail (also known as Corridor 8) is a recreational feature located on lands in the Town of Caroga, New York that are owned by the New York State Department of Environmental Conservation; and

WHEREAS, the Morey Road Snowmobile Trail is part of the Snowmobile Trail System that is used by the public for purposes of engaging in snowmobiling activities; and

WHEREAS, the Town of Caroga is a hub to a portion of the Snowmobile Trail System in the Adirondack Mountains; and

WHEREAS, the Morey Road Snowmobile Trail is also used by members of the general public as a hiking trail; and

WHEREAS, many of the snowmobile corridor trails within the New York State Snowmobile Trail System are substantially maintained by local snowmobile clubs whose maintenance activities are funded by the State of New York; and

WHEREAS, the Morey Road Snowmobile Trail is maintained by the Nick Stoner Trailers of Caroga Lake, New York, Inc. snowmobile club (hereinafter “Nick Stoners Trailers”) with funding provided by the State of New York pursuant to a Stewardship Agreement with the New York State Department of Environmental Conservation; and

WHEREAS, for decades, the primary means of access to the Morey Road Snowmobile Trail has been by a partially paved and improved passageway that runs between the western terminus of Morey Road and the eastern boundary of the aforementioned lands owned by the New York State Department of Environmental Conservation (hereinafter “Connector Passageway”); and

WHEREAS, the Connector Passageway provides critical and convenient access to the Morey Road Snowmobile Trail due to the configuration of the New York State Trail System, the lack of other access points in the area and the presence of geographic features such as lakes; and

WHEREAS, the Connector Passageway essentially is an extension of Morey Road to the west; and

WHEREAS, Morey Road is a public road owned by the Town of Caroga, which is responsible for its maintenance and repair; and

WHEREAS, for many years, the Nick Stoner Trailers have been responsible for grooming and maintaining the Connector Passageway pursuant to a series of Operating Agreements with the County of Fulton; and

WHEREAS, the Town of Caroga maintains that it holds fee title to the Connector Passageway; however, some, but not all, abutting owners dispute the Town’s interest in the Connector Passageway; and

WHEREAS, it is the opinion of the Town of Caroga that the best and most practical means of ensuring that the Connector Passageway remains open and available to the general public is to acquire a fee interest in and to a fifteen (15) feet wide strip of land that runs from the western most terminus of Morey Road to the eastern boundary of the aforementioned lands owned by the New York State Department of Environmental Conservation, the course of which will coincide with the Connector Passageway; and

WHEREAS, the Town of Caroga’s proposed acquisition in fee of the land within the Connector Passageway would be subject to easements of ingress and egress by abutting landowners, their successors and assigns, as well as any easements and rights of abutting landowners, their successors and assigns to maintain and repair any water and utility lines; and

WHEREAS, it is the opinion of the Town of Caroga that it is prudent and necessary for the Town of Caroga to acquire in fee the necessary interests in and to the bed of the Connector Passageway in order to protect the abutting property owners from claims of liability by persons who may travel upon the Connector Passageway; and

WHEREAS, in accordance with Article 2 of the Eminent Domain Procedure Law, and after due notice had been provided to the public and to the assessment record billing owners of properties abutting the Connector Road, the oral presentation and comment phase of a public hearing was held on October 12, 2016, at 7:00 p.m. at the Caroga Town Hall located at 1840 Route 10, Caroga, New York, for the purpose of informing the public, reviewing the public use to be served and public benefit to be obtained by the aforementioned proposed public project, and to consider all other matters appropriate to the proposed public project; and

WHEREAS, the Town Board of the Town of Caroga, after due deliberation resolves as follows:

NOW, THEREFORE, BE IT RESOLVED, that the Town Board is the Lead Agent for the proposed project, that the Project is an unlisted action under State Environmental Quality Review Act (SEQRA) and the Town has prepared an Environmental Assessment Form identifying the possible impacts related to the above acquisition as shown in Exhibit A attached hereto, and that pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act (SEQRA), it has been determined by the Town Board of the Town of Caroga that such action would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQRA and therefore, issues a negative declaration with respect to the enactment of such action.

Council Member Morris seconded the motion.

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

The third page of the SEQR form was signed.

It was noted by the Highway Superintendent Steve Putman and clarified by Attorney Ferlazzo that the area is7 ½ from the center of the road.

RESOLUTION #2016-126 EMINENT DOMAIN PROCEDURE LAW DETERMINATION AND FINDINGS MOREY ROAD EXTENSION PROJECT TOWN OF CAROGA, FULTON COUNTY was offered by Council Member Morris at the regular monthly meeting of the Caroga Town Board held on October 12, 2016 at Caroga Town Hall.

WHEREAS, the Morey Road Snowmobile Trail (also known as Corridor 8) is a recreational feature located on lands in the Town of Caroga, New York that are owned by the New York State Department of Environmental Conservation; and

WHEREAS, the Morey Road Snowmobile Trail is part of the Snowmobile Trail System that is used by the public for purposes of engaging in snowmobiling activities; and

WHEREAS, the Town of Caroga is a hub to a portion of the Snowmobile Trail System in the Adirondack Mountains; and

WHEREAS, the Morey Road Snowmobile Trail is also used by members of the general public as a hiking trail; and

WHEREAS, many of the snowmobile corridor trails within the New York State Snowmobile Trail System are substantially maintained by local snowmobile clubs whose maintenance activities are funded by the State of New York; and

WHEREAS, the Morey Road Snowmobile Trail is maintained by the Nick Stoner Trailers of Caroga Lake, New York, Inc. snowmobile club (hereinafter “Nick Stoners Trailers”) with funding provided by the State of New York pursuant to a Stewardship Agreement with the New York State Department of Environmental Conservation; and

WHEREAS, for decades, the primary means of access to the Morey Road Snowmobile Trail has been by a partially paved and improved passageway that runs between the western terminus of Morey Road and the eastern boundary of the aforementioned lands owned by the New York State Department of Environmental Conservation (hereinafter “Connector Passageway”); and

WHEREAS, the Connector Passageway provides critical and convenient access to the Morey Road Snowmobile Trail due to the configuration of the New York State Trail System, the lack of other access points in the area and the presence of geographic features such as lakes; and

WHEREAS, the Connector Passageway essentially is an extension of Morey Road to the west; and

WHEREAS, there are several food establishments, two (2) gas stations and a snowmobile repair shop in relatively close proximity to Morey Road in the Town of Caroga; and

WHEREAS, Morey Road is a public road owned by the Town of Caroga, which is responsible for its maintenance and repair; and

WHEREAS, for many years, the Nick Stoner Trailers have been responsible for grooming and maintaining the Connector Passageway pursuant to a series of Operating Agreements with the County of Fulton; and

WHEREAS, over the course of the past few years, the condition of surface of portions of the Connector Passageway have deteriorated due to the activities of logging trucks that have traveled on the Connector Passageway, such that the Connector Passageway is in need of grading and rehabilitation; and

WHEREAS, the Connector Passageway abuts vacant, wooded parcels of land on the north and south, which abutting parcels are owned by private individuals or entities; and

WHEREAS, there has arisen a dispute regarding the ownership of and title to the Connector Passageway, with one abutting private owner constructing a barrier that prevents members of the public from accessing the Morey Road Snowmobile Trail by means of the Connector Passageway; and

WHEREAS, the Town of Caroga maintains that it holds fee title to the Connector Passageway; however, some, but not all, abutting owners dispute the Town’s interest in the Connector Passageway; and

WHEREAS, the public’s use of the Connector Passageway as a means of accessing the Morey Road Snowmobile Trail is a legitimate public use that promotes recreational activities in the Town of Caroga and County of Fulton; and

WHEREAS, it is the desire of the Town of Caroga to ensure that the Connector Passageway remains open, safe and available to the general public to gain access to the Morey Road Snowmobile Trail; and

WHEREAS, it is the opinion of the Town of Caroga that the best and most practical means of ensuring that the Connector Passageway remains open and available to the general public is to acquire a fee interest in and to a fifteen (15) feet wide strip of land that runs from the western most terminus of Morey Road to the eastern boundary of the aforementioned lands owned by the New York State Department of Environmental Conservation, the course of which will coincide with the Connector Passageway; and

WHEREAS, the Town of Caroga’s proposed acquisition in fee of the land within the Connector Passageway would be subject to easements of ingress and egress by abutting landowners, their successors and assigns, as well as any easements and rights of abutting landowners, their successors and assigns to maintain and repair any water and utility lines; and

WHEREAS, it is the opinion of the Town of Caroga that it is prudent and necessary for the Town of Caroga to acquire in fee the necessary interests in and to the bed of the Connector Passageway in order to protect the abutting property owners from claims of liability by persons who may travel upon the Connector Passageway; and

WHEREAS, after the Town of Caroga acquires the fee interest in and to the Connector Passageway, the Town of Caroga will rehabilitate, maintain and improve the Connector Passageway in order to make it accessible, safe and available to the general public for its continued use as a means of access to the Morey Road Snowmobile Trail (hereinafter “Morey Road Extension Project”); and

WHEREAS, in accordance with Article 2 of the Eminent Domain Procedure Law, and after due notice had been provided to the public and to the assessment record billing owners of properties abutting the Connector Road, the oral presentation and comment phase of a public hearing was held on October 12, 2016, at 7:00 p.m. at the Caroga Town Hall located at 1840 Route 10, Caroga, New York, for the purpose of informing the public, reviewing the public use to be served and public benefit to be obtained by the aforementioned proposed public project, and to consider all other matters appropriate to the proposed public project; and

WHEREAS, in the course of the aforementioned oral presentation phase of the public hearing, all matters required by the Eminent Domain Procedure Law and appropriate to such public hearing were identified and explained to persons then in attendance, and such persons in attendance were given an opportunity to, and did, speak and comment on the proposed public project and to examine documents presented; and

WHEREAS, at the conclusion of the oral presentation phase of the aforementioned public hearing, the hearing was adjourned and the record remained open until the close of business on October 19, 2016, for the purpose of receiving written comments on the proposed public project; and

WHEREAS, during the period following the adjournment of the hearing, the Town of Caroga did receive written comments on the proposed public project, all of which have been considered by the Town of Caroga; and

WHEREAS, at the close of business on October 19, 2016, the aforementioned public hearing concluded, and the record thereof was closed; and

WHEREAS, the minutes of such public hearing were transcribed and made available, together with the exhibits and other documents, if any, which were identified or made available during the oral presentation phase thereof, for inspection and examination by the public at the offices of the Fulton County Clerk and at the offices of the Caroga Town Clerk; and

WHEREAS, the Town of Caroga has considered the general effect of the proposed project on the residents of the locality in which the proposed project is to be undertaken and has heretofore acted as Lead Agency and completed a review of the Morey Road Extension Project in accordance with the New York State Environmental Quality Review Act, concluding that the proposed Morey Road Extension Project will not have a significant effect on the environment; and

WHEREAS, the Town of Caroga has considered the issues raised at the aforementioned public hearing and in submissions made during the written comment period that followed the public hearing; and

WHEREAS, it is the opinion of the Town of Caroga that the proposed Morey Road Extension Project serves a public use, benefit and purpose by providing the general public with the opportunity to engage in recreational activities in the Town of Caroga; and

WHEREAS, it is the further opinion of the Town of Caroga that the Proposed Morey Road Extension Project will provide an economic benefit to the Town of Caroga and the County of Fulton by attracting members of the general public who will hike and snowmobile on the Morey Road Snowmobile Trail and patronize businesses located in the Town of Caroga and County of Fulton.

NOW, THEREFORE, it is hereby

RESOLVED, that the Town Board resolves that that the Town Board adopts the WHEREAS clauses and determines based on the Determination and Findings below that the Town of Caroga shall acquire in fee the necessary interests in and to the bed of the Connector Passageway in the width of 15 feet along the Connector Passageway, and it is further

RESOLVED, that the following constitutes the Determination and Findings of this Body with respect to the proposed Morey Road Extension Project in the Town of Caroga, Fulton County, New York:

  1. The public use, benefit, or purpose to be served by the proposed public project is to: promote and provide the general public with safe access to recreational activities in the Town of Caroga, thereby enhancing tourism and providing an economic boost to the Town of Caroga and County of Fulton.

  2. The approximate location for the proposed pubic project and the reasons for the selection of the location:

  3. The proposed public project is located in the Town of Caroga, New York, immediately west of the currently maintained portion of Morey Road and running west over the course of the current Corridor Passageway to the eastern boundary of lands owned by the New York State Department of Environmental Conservation. The project location was selected based upon the proximity of the western terminus of Morey Road to the Morey Road Snowmobile Trail, as well as the longstanding historical use of the Corridor Passageway to access the Morey Road Snowmobile Trail.

    The acquisition of real property rights, if any, from abutting property owners will allow for uninterrupted access by the general public to the Morey Road Snowmobile Trail.

  4. The general effect of the proposed project on the environment and residents of the locality:

  1. The proposed public project underwent a thorough and proper review in accordance with the State Environmental Quality Review Act (SEQRA). The Town of Caroga, acting a Lead Agency under SEQRA, completed a Short Form Environmental Assessment Form and determined the proposed project will not have a significant effect on the environment.

  1. The proposed public project will have, among other things, the following effects upon the residents of the locality:

  1. The proposed public project will merely allow for a continuation of the

longstanding use of the Connector Passageway as a means by which the general public can access the Morey Road Snowmobile Trail. Since the Connector Passageway is abutted by vacant parcels of land and the acquisitions in fee will be subject to rights of ingress and egress and to maintain water and utility lines, there will be no significant adverse effect on residents in the locality. The rehabilitation of the Connector Passageway will enhance the safety of local residents who utilize the Connector Passageway to access the Morey Road Snowmobile Trail, as well as the owners of the abutting parcels who may need to access their properties.

The resolution was seconded by Council Member Glenn

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

Attorney Ferlazzo noted a copy of the exhibits and minutes of the hearing are also at the county clerk’s office.

Attorney Ferlazzo noted the process has not been completed yet. Once the appraisal process has been completed and the number has been refused or they don’t respond then the action will be filed in court. Attorney Ferlazzo hopes to get court approval by mid-December. It is on a fast track. This proceeding is against the road itself. The number of owners this affects is eight. One wrote a letter of support. The owners who have not objected will be provided with a quick claim deed. The peoples opposing are - Johnson’s, Estate of Walsh, and Augusto. Council Member Manning stated those in opposition only receive compensation if they can provide proof of ownership. They have the burden of showing they have ownership and the value. The next step is the synopsis. Letters will go out to the owners and Mr. Ayres will be copied on everything. Attorney Ferlazzo hopes for a Christmas present that everyone can snowmobile, or you can walk the trail, or cross country ski for access. The only motorized use would be snowmobiles during a certain time period.

Attorney Ferlazzo leaves along with 6-8 members of the public.

Weeds – Council Member Glenn stated he is looking at other alternatives to harvesting the weeds. Gene Centi is going to look at a harvester that is currently winterized. Deputy Supervisor Sturchio noted we did not want to just give it a haircut. We want to get rid of the weeds if we can.

Mrs. Patterson is from the East Caroga Lake Environmental Association they are looking into buying sterile carp. They eat milfoil for the first four or five years. They are checking with Encon and DEC to see about putting them in the lake. Council Member Glenn suggested putting these efforts together. Deputy Supervisor Sturchio and Mr. Centi this afternoon discussed using the boat we have to vacuum up the pieces and carry the weeds back to shore. The one we looked at used for $48,000 to $49,000. The board wants to cover the bases. The cost of the carp is $20 each. More information will be obtained. Saving the lake is the bottom line.

Youth - No Report

Sherman’s Advisory Committee – Mr. Kent Kirsch reported since the last meeting there has been a positive development. As the board knows they have not engaged Cushman to market the property. Two weeks ago the town board confirmed that they received a letter of intent from the Caroga Arts Collective to submit a proposal. They anticipate receiving the proposal in early December. The committee was excited to have something to consider and discuss at the next board meeting.

In a related matter there was a teacher at PTECH Business class who assigned the class to create proposals for the Sherman’s property. They used the template the committee created to draw up 45-50 proposals. Several of the committee members went down and listen to the 5 minute presentations. The Committee members gave them feedback and asked questions of the students. Deputy Supervisor Sturchio suggested having a couple of the students who came up with the best proposals come and present them to the board. Council Member Manning stated some of the ideas were really cool. He stated he has copies of all of the student’s projects. He recommended having the standouts 2 or 3 come up to the next board meeting. It would be a benefit to the students. Council Member Manning will ask the teacher to arrange this.

Supervisor’s Report

Deputy Supervisor Sturchio had wanted to appoint Council Member Morris Town Supervisor as she won the election last night (applause). To be official the Board of Elections has to certify the count.

At 8:51 pm Deputy Supervisor Sturchio opened a work session on the budget.

The proposition did not pass on the ballot to adjust the salary of the town clerk. Deputy Supervisor Sturchio suggested a 2% increase for next year. Council Member Manning still thinks it is low. The information that was out there for the public to use was largely off base. Council Member Manning suggested an increase of up to $1,000.00 would be fair. Deputy Supervisor Sturchio noted that is what the judge was given – he could see that. Council Member Glenn thought 2% like all others. Council member Morris thought 2%. She stated the judge has not gotten a raise in years and years. A roll call vote was taken for a 2% increase for the Town Clerk. Deputy Supervisor Sturchio stated 2%, Council Member Glenn voted 2%, Council Member Morris voted 2%, Council Member Manning voted nay.

Deputy Supervisor Sturchio called the Assessor the other day. She had two scenarios. The original one “was for $24,500.00 for one day and she would get all the work done.” Mrs. Hayner countered with if the board wanted her at town hall for two days for the exposure to the town’s people for $26,000.00. He stated he told her the board would talk about it at the end of the year if she has to be here two days. She stated several time that she would get the job done. It was noted that she has to travel to come to Caroga. The board has to decide how much exposure the public needs. The clerk asked if it was ½ days or full days. Deputy Supervisor Sturchio replied one full day or two ½ days. “She would be here for whatever amount of time she needed to get the work done. Currently the assessor makes $32,000.00 at 18 hours a week. She is an assessor in four different towns. She has brought 3 towns up to 100%. That was over and above her salary to get them up to 100%. To do a re-vale the cost would be $35,000.00. She did not advise to do that. Council Member Glenn suggested starting with one day a week and reevaluate in a year. Mr. Centi asked how many hours in that day? Council Member Morris stated as long as it took her to do the job. “It would be a full office day. At least 8 hour a day.” Council Member Manning stated we can have someone here one day a week or nobody here at all. The board decided on one day. Council Member Morris noted we have not been able to get an assessor. We would not have to send anyone to school and we would have someone who is willing to do the job. There is a savings of $7,500 from what the current assessor is paid. “If she is as efficient as what she says… we have done the research with her other towns – Council Member Morris stated this is what we need to do.” Mrs. Hillier noted the board can do anything it wants to with appointed official’s salaries.

Joyce Barrett noted the problem is that each person who works for this town should have a base salary when they start then there should be promised increments in a year, or two. She noted the board gave a $16,000.00 raise to someone who has been here for 7 months.

Deputy Supervisor Sturchio announced no more public comment this evening.

RESOLUTION #2016-127 to hire Valery Hayner as the Town of Caroga Assessor was offered by Deputy Supervisor Sturchio at the regular monthly meeting of the Caroga Town Board held on Wednesday November 9, 2016 at Caroga Town hall, and WHEREAS, Dorothy Parker announced her retirement earlier this year, and WHEREAS, the town advertised for an Assessor, and WHEREAS, the board interviewed Valery Hayner a certified Assessor, now therefore be it RESOLVED, that the Caroga Town Board does hereby move to hire Valery Hayner of 31 Cypress Drive Glenville, NY 12302 at $24,500.00 yearly salary which brings her into the Town of Caroga for one day per week which will enable her to get her job done and keep us up to date with New York State as far as Assessor goes. The resolution was seconded by Council Member Morris.

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

The board stated an 8 hour day. The start date was not set. There will be another town meeting next week.

Deputy Supervisor Sturchio made a motion to set public hearing for 7 pm next Wednesday November 16, 2016 on the 2017 Budget. All board members were in favor of the motion.

At 9:08 pm Deputy Supervisor Sturchio stated the work session on the budget was closed.

RESOLUTION #2016-128 to approve the tentative 2017 budget to the preliminary 2017 Budget was offered by Council Member Morris at the regular monthly meeting of the Caroga Town Board held on Wednesday November 9, 2016 at Caroga Town hall, and WHEREAS, Mrs. Hillier – Budget Director has spent many hours working to set the budget, and WHEREAS, the board has held several work sessions on the 2017 Budget, now therefore be it RESOLVED, that the Caroga Town Board does hereby move to go from the tentative 2017 budget to the preliminary 2017 budget. Deputy Supervisor Sturchio seconded the resolution.

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

Deputy Supervisor Sturchio discussed the clinic deck with J. Manning. The bidder changed the contract after it was signed. He did not want to use sonotubes. Code Officer Duesler gave him the impression it would be OK not to use the sonotubes. Deputy Supervisor Sturchio was concerned that further down the line there may be a problem because they were not used. The code officer stated you have to have a minimum of 6” thick of some type of footing stone or concrete or a sonotube. Code wise there are different options. Council Member Manning suggested the use of 6 x 6 and updating the contract. The board discussed both options. It was noted the bidder did specify using sonotubes.

Resolution#2016-129 to go out to bid on the clinic ramp in the spring of 2017 was offered by Council Member Morris at the regular monthly meeting of the Caroga Town Board held on Wednesday November 9, 2016 at Caroga Town hall, and WHEREAS, bid specifications were drawn up by Don Travis and John Duesler for the ramp on the front of the municipal building to access the clinic, and WHEREAS, the Board awarded the bid to Custom Woodcrafters and Stoves LLC of 111 N. Main Street Mayfield NY (518) 632-8008 to construct the ramp and WHEREAS, when the contract was signed by the contractor he changed the materials to be used, now therefore be it RESOLVED, that the contract is hereby terminated and void with Custom Woodcrafters and Stoves LLC due to the changing of the contact. Deputy Supervisor Sturchio seconded the resolution.

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

The Code officer John Duesler informed the board that he would be leaving town for 11 days.

The board stated they would discuss base salaries at another time; research has to be done at a work session.

Old Business:

Council Member Manning stated he did receive a proposal from Steven Ovitt on bike trails.

New Business: none

Correspondence: Copies are available from the Town Clerk.

1) USDA Rural Development Community Facilities Program – Direct Loan & Grant

2) AOT 2017 Training School Feb 19 -22, 2017

3) APA Notice of Public Comment Hearings on 2016-2017 Park State Lane Classification Proposal

4) REVISED – Notice of acceptance of Draft Supplemental Environmental Impact State Positive Declaration, Draft Negative Declaration & Public Comment Hearings on 2016-2017 Park State Lane Classification Proposal

5) Charter Communications (formerly Time Warner Cable) – Kevin Egan Dir. Government Affairs is town’s point of contact for the town

6) FC Solid Waste Upcoming November Holidays do not affect Caroga Transfer Station

7) 3rd Quarter Workers Compensation Report

8) Fulton Co. Res. 345 revises Pay Schedule for Election inspectors

9) Fulton Co. Res. 349 Authorizes the write-off of 2015 Taxes on certain Town owned parcels in Caroga 68.18-1-22 & 68.18-1-23

10) AOT Personnel Management School Albany 11/18

11) Saratoga County Planning & Zoning Conference January 25, 2017

Deputy Supervisor Sturchio made a motion to pay the bills as presented for audit, accept the minutes of the October 12th meeting, and Oct. 18 & Oct 26th work sessions. Council Member Morris seconded the motion. All board members were in favor.

The town received the 2017 Landfill Use Renewal Application with the Fulton County Dept. of Solid Waste. The vehicle information needs to be updated by the Highway Superintendent. The board authorized Deputy Supervisor Sturchio to sign the application.

The vehicle used by the Code Officer has to go back to C& C.

The Board noted the new assessor will be contacted and asked to fill out an application on line to the county.

At 9:43 pm Council Member Glenn made a motion to adjourn. Council Member Manning seconded the motion. All board members were in favor of the motion.

Respectfully Submitted,

Linda M. Gilbert, RMC, CMC

Caroga Town Clerk