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Minutes of the regular monthly Caroga Town Board meeting held Wednesday April 12, 2017

State of New York

County of Fulton

Town of Caroga

Minutes of the regular monthly Caroga Town Board meeting held Wednesday April 12, 2017 at the municipal building located at 1840 State Highway #10 at 7:00 pm. Supervisor Morris called the meeting to order at 7:05 pm and asked for a roll call. The Flag salute followed.

Supervisor Beth Morris - Here

Council Member John Glenn - Here

Council Member Anthony Sturchio - Here

Council Member Jeremy Manning - Here

Other town department representatives in attendance were Lita Hillier – Budget Director and Secretary to the Supervisor, Sal Ferlazzo – Town Attorney, Steve Jennings – Golf Pro, Greens keeper, Manager, Steve Putman – Highway Superintendent, Deputy Town Clerk – Judith Aldinger, Deputy Hwy. Superintendent – Charles Wager, Donald Travis –janitor, there were 44 members of the public in attendance.

Supervisor Morris made a motion to waive the reading of the March 2017 meeting minutes. Council Member Manning seconded the motion. All Board members were in favor of the motion.

At 7:07 pm Supervisor Morris made a motion to enter into an executive session for pending litigation. Council Member Manning seconded the motion. All board members were in favor of the motion.

At 7:43 pm Council Member Glenn made a motion to exit from the executive session. Supervisor Morris seconded the motion. All board members were in favor of the motion.

Attorney Ferlazzo explained there was an appeal on the Morey Road extension. The Johnson’s raised questions through their attorney was about the newspaper publication of the hearing, The Leader Herald does not publish legal notices on Sunday so it was published 5 consecutive according to their policy but not necessarily under the law. The court could have decided this issue but instead of getting stuck in this potential problem Attorney Ferlazzo recommended having another public hearing. The publication would be on Monday through Friday. There are a couple of other issues raised by the Johnson’s and Attorney Ayres but Attorney Ferlazzo wanted to resolve all those issues too. He recommended doing all the thing they claim the town should have done. It will make the process smoother. The Adirondack Park Agency and Dept. of Environmental Conservation were notified to avoid delay. Many of the property owners have agreed and it was noted that the Augusto family did not join in on the appeal. The three resolutions were read by Attorney Ferlazzo.

RESOLUTION # 2017-039 RESCINDING PREVIOUSLY ADOPTED RESOLUTIONS was offered by Supervisor Morris at the regular monthly meeting of the Caroga Town Board held on April 12, 2017 at 7 pm at the Caroga Municipal Building 1840 State Highway # 10.

WHEREAS, pursuant to Eminent Domain Procedural Law Article 2, the Town Board of the Town of Caroga previously adopted Resolutions #2016-125 and #2016-126 on December 27, 2016, related to the Morey Road Extension Project; and

WHEREAS, the Town wishes the modify such Resolutions, and address other issues which have arisen since Resolutions #2016-125 and #2016-126 were adopted, and

NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Caroga does hereby withdraw and rescind Resolutions #2016-125 and #2016-126.

The motion was seconded by Council Member Manning

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

RESOLUTION # 2017-040 to AMENDED MOREY ROAD EXTENSION PROJECT was offered by Supervisor Morris at the regular monthly meeting of the Caroga Town Board held on April 12, 2017 at 7 pm at the Caroga Municipal Building 1840 State Highway # 10.

WHEREAS, pursuant to Highway Law §173, the Town Highway Superintendent has determined that public necessity requires that the Town acquire the land described in Exhibit 1 and shown in Exhibit 2 for the purposes of permitting access to the State lands which are found at the end of Morey Road. Therefore, the Highway Superintendent has applied to the Town Board for consent to institute an eminent domain proceeding to acquire such land as necessary to accomplish the stated purpose; and

WHEREAS, in accordance with Town Law §64(2), the Town Board has the power and authority to acquire real property through the manner provided in the eminent domain procedure law, and the Town Board has indicated a desire to exercise its authority to institute such proceedings in connection with acquiring the land described in Exhibit 1 and shown in Exhibit 2; and

WHEREAS, the Town Board and the Highway Superintendent agree that public necessity requires, and that a public purpose would be served by acquiring the property described in Exhibit 1 and shown in Exhibit 2; and

WHEREAS, the Town Board hereby consents to the application of the Town Highway Superintendent, to the extent that it does so without abrogating or otherwise limiting its own authority to institute such proceedings, and

NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Caroga and the Town Highway Superintendent of the Town of Caroga do hereby jointly resolve to institute an eminent domain proceeding pursuant to the eminent domain procedure law to acquire the property described in Exhibit 1 and shown in Exhibit 2.

Exhibit 1

PROPOSED LOCATION OF PUBLIC PROJECT

The proposed public project is located in the Town of Caroga, New York, immediately west of the paved 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 motion was seconded by Council Member Sturchio.

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

RESOLUTION # 2017-041 EMINENT DOMAIN PROCEDURE LAW, PUBLIC HEARING FOR AMENDED MOREY ROAD EXTENSION PROJECT was offered by Supervisor Morris at the regular monthly meeting of the Caroga Town Board held on April 12, 2017 at 7 pm at the Caroga Municipal Building 1840 State Highway # 10.

WHEREAS, pursuant to Eminent Domain Procedure Law Article 2, the Town of Caroga, in conjunction with the Town Highway Superintendent, shall hold a public hearing in order to inform the public and review the public use of the Amended Morey Road Extension Project, and to review the impact on the environment and residents of the area; and

WHEREAS, pursuant to Article 2, notice of such hearing must be made not less than ten days, nor more than thirty days, prior to the hearing. Notice must be published in the official newspaper of the Town for five successive issues and must also be mailed by certified mail return receipt requested to any affected property owner or his or her attorney of record; and

NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Caroga does hereby resolve to hold such Public Hearing on Wednesday, May 3, 2017 at 7:00 pm at the Caroga Municipal Building; and

BE IT ALSO RESOLVED, the Town Board of the Town of Caroga instructs the Town Clerk to cause the notice, attached hereto as Exhibit 1, to be published in The Leader-Herald, beginning on April 17, 2017 and through and ending on April 21, 2017; and

BE IT ALSO RESOLVED, the Town Board of the Town of Caroga instructs the Town Attorney to cause the notices, attached hereto as Exhibit 2, to be mailed via certified mail returned receipt requested, to the affected property owners or his or her attorney of record on or by April 21, 2017.

BE IT ALSO RESOLVED, the Town Board of the Town of Caroga instructs the Town Attorney to cause notice of this project be provided to the Department of Environmental Conservation, the Adirondack Park Agency, and the Fulton County Planning Board.

The motion was seconded by Council Member Glenn.

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

At the last meeting there was a discussion regarding Sherman’s. No decision was made on a declaratory judgment. Does Balboaa still have rights under the “donation agreement?” The real property was transferred to the town. There has been some suggestion by Balboaa that there could be a rescission because the real estate and the donation agreement were all together, as opposed to separate as the Attorney Ferlazzo indicated. Attorney Ferlazzo suggested approaching Mr. & Mrs. Abdella with a letter prior to doing the declaratory judgment process. Attorney Ferlazzo thinks it is time barred. He would write to Balboaa to explain his legal position and ask for a response. The last thing we would want to do is to sue a citizen that donated a substantial asset to the town. On the other hand it is a cloud on title to have his ongoing determination about the donation agreement – which has been rejected by the town. If he does not respond to the legal analysis then the board can decide if it should take that step of the declaratory judgment. At the May hearing he will report back to the board as to what is going on. The town has to have some clarity with respect to the title cloud. No developer/person would buy this land or develop it – the town would have to say the person who gave it to us still believes the donation agreement is in existence, otherwise the town would be committing a fraud.

A resident wanted to give it back to the Abdella’s. Attorney Ferlazzo noted that is a possibility if the board wants to do that, and the public sees that as something they want to do. There is still the worry of the donation agreement. There is some indication that he would want it back with enhancement.

It was reiterated that the town does own it but there is a cloud on title. The APA knows the town owns it.

Attorney Ferlazzo stated we have no obligation with the donation agreement. He noted under the declaratory judgment there is a 2 year window, under town law-18 months. If the 6 year period applies then he would have the chance to sue but he would have to show fraud on the part of the town. The article 78 was dropped by the citizens group. If this issue ever came back up they would be entitled to come back and bring it. So there is a chance of the other suit also. Everyone would be included in the declaratory judgment. Attorney Ferlazzo wants it clear the town has owned the property since December of 2014 when it was transferred as of record.

No one wants to sue George.

It was asked can the property be used. The town runs a risk. If Balboaa does not agree with the town then money would not be well spent.

Barbara Lee stated the donation agreement is void and invalid. Attorney Ferlazzo agreed.

Supervisor Morris and Attorney Ferlazzo met with Mr. & Mrs. Abdella two weeks ago. They were very gracious and cordial. They reiterated that the stipulations are not in effect and the town can’t follow them. The town cannot afford it. Mr. Abdella stated the town is not to develop or sell the property. He could have done that. Supervisor Morris did not want to put a dime into the property when there is a legal cloud over it. That would be careless and reckless in her opinion until this is cleared up.

RESOLUTION #2017 038 to request Attorney Ferlazzo write a letter to Balboaa was offered by Council Member Glenn at the April 12, 2017 regular monthly town board meeting held at Caroga town hall and

WHEREAS, Attorney Ferlazzo and Supervisor Morris met with George and Ruth Abdella recently regarding the Sherman’s Property, and

WHEREAS, there is a legal cloud over the property, now therefore be it

RESOLVED, that the Caroga Town Board does hereby authorize Attorney Ferlazzo to write a letter to Balboaa aka George Abdella. Supervisor Morris seconded the motion.

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

RESOLUTION # 2017-039 RESCINDING PREVIOUSLY ADOPTED RESOLUTIONS was offered by Supervisor Morris at the Regular monthly meeting of the Caroga Town Board held on April 12, 2017 at 7 pm at the Caroga Municipal Building 1840 State Highway # 10.

WHEREAS, pursuant to Eminent Domain Procedural Law Article 2, the Town Board of the Town of Caroga previously adopted Resolutions #2016-125 and #2016-126 on December 27, 2016, related to the Morey Road Extension Project; and

WHEREAS, the Town wishes the modify such Resolutions, and address other issues which have arisen since Resolutions #2016-125 and #2016-126 were adopted, and

NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Caroga does hereby withdraw and rescind Resolutions #2016-125 and #2016-126.

The motion was seconded by Council Member Manning

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

RESOLUTION # 2017-040 to AMENDED MOREY ROAD EXTENSION PROJECT was offered by Supervisor Morris at the Regular monthly meeting of the Caroga Town Board held on April 12, 2017 at 7 pm at the Caroga Municipal Building 1840 State Highway # 10.

WHEREAS, pursuant to Highway Law §173, the Town Highway Superintendent has determined that public necessity requires that the Town acquire the land described in Exhibit 1 and shown in Exhibit 2 for the purposes of permitting access to the State lands which are found at the end of Morey Road. Therefore, the Highway Superintendent has applied to the Town Board for consent to institute an eminent domain proceeding to acquire such land as necessary to accomplish the stated purpose; and

WHEREAS, in accordance with Town Law §64(2), the Town Board has the power and authority to acquire real property through the manner provided in the eminent domain procedure law, and the Town Board has indicated a desire to exercise its authority to institute such proceedings in connection with acquiring the land described in Exhibit 1 and shown in Exhibit 2; and

WHEREAS, the Town Board and the Highway Superintendent agree that public necessity requires, and that a public purpose would be served by acquiring the property described in Exhibit 1 and shown in Exhibit 2; and

WHEREAS, the Town Board hereby consents to the application of the Town Highway Superintendent, to the extent that it does so without abrogating or otherwise limiting its own authority to institute such proceedings, and

NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Caroga and the Town Highway Superintendent of the Town of Caroga do hereby jointly resolve to institute an eminent domain proceeding pursuant to the eminent domain procedure law to acquire the property described in Exhibit 1 and shown in Exhibit 2.

Exhibit 1

PROPOSED LOCATION OF PUBLIC PROJECT

The proposed public project is located in the Town of Caroga, New York, immediately west of the paved 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 motion was seconded by Council Member Sturchio.

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

RESOLUTION # 2017-041 EMINENT DOMAIN PROCEDURE LAW, PUBLIC HEARING FOR AMENDED MOREY ROAD EXTENSION PROJECT was offered by Supervisor Morris at the Regular monthly meeting of the Caroga Town Board held on April 12, 2017 at 7 pm at the Caroga Municipal Building 1840 State Highway # 10.

WHEREAS, pursuant to Eminent Domain Procedure Law Article 2, the Town of Caroga, in conjunction with the Town Highway Superintendent, shall hold a public hearing in order to inform the public and review the public use of the Amended Morey Road Extension Project, and to review the impact on the environment and residents of the area; and

WHEREAS, pursuant to Article 2, notice of such hearing must be made not less than ten days, nor more than thirty days, prior to the hearing. Notice must be published in the official newspaper of the Town for five successive issues and must also be mailed by certified mail return receipt requested to any affected property owner or his or her attorney of record; and

NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Caroga does hereby resolve to hold such Public Hearing on Wednesday, May 3, 2017 at 7:00 pm at the Caroga Municipal Building; and

BE IT ALSO RESOLVED, the Town Board of the Town of Caroga instructs the Town Clerk to cause the notice, attached hereto as Exhibit 1, to be published in The Leader-Herald, beginning on April 17, 2017 and through and ending on April 21, 2017; and

BE IT ALSO RESOLVED, the Town Board of the Town of Caroga instructs the Town Attorney to cause the notices, attached hereto as Exhibit 2, to be mailed via certified mail returned receipt requested, to the affected property owners or his or her attorney of record on or by April 21, 2017.

BE IT ALSO RESOLVED, the Town Board of the Town of Caroga instructs the Town Attorney to cause notice of this project be provided to the Department of Environmental Conservation, the Adirondack Park Agency, and the Fulton County Planning Board.

The motion was seconded by Council Member Glenn.

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

Public: Mary Lou Patterson requests for the fourth year that a port-a-john be put down by Grooms Store.

She would like it there June, July, August, September, & October. It would be less than $1,000.00. The one in the park across from town hall is set too far back in the yard. Supervisor Morris noted town hall is open 6 days a week. She will talk to the health department on this issue. She will personally call Mary Lou back.

Mr. Delesky wondered if the proposed bike trail could be logged and the proceeds used for developing the parcel, or use them to develop the trails – horse trade. Council Member Manning will talk about the design phase of this project later in the meeting. The trails have to be up to be built to a certain standard. Council Member Manning is looking to going through the NYS Smart Growth Program and trying to get funding through them for the initial phase. Then fund raising would be done. He estimates the cost at $80- $100,000.00. Mr. Russitano was concerned about the liability of the trails. Council Member Manning noted the town could transfer ownership to a bike club. He is working with the Adirondack Velo Club in Johnstown and they have expressed interest in sponsor the trails down the road. They would be purchasing private insurance. Attorney Ferlazzo stated the town always has an obligation or responsibility.

The town’s insurance agent does not recommend the town do this. There will be more discussion with NYMIR. Mr. VanGorder recommends a bike club providing their own insurance. Council Member Glenn thought the bike club should form a LLC and lease the property from the town and indemnify the town with the town as the additional insured on the policy. Attorney Ferlazzo noted that would be a lot of protection, if they have adequate insurance, it would be fine.

Council Member Manning has been talking to insurance agencies. One bike club in Lake Placid has not had a law suit in 37 years. People are largely covered under general obligation law - this is a recreational activity. Attorney Ferlazzo noted there is the assumption of a risk factor. Most riders help maintain the trails should they see a hazard on the trail. There are also work days once a month.

At 8:22 pm a resident asked the board to move on with their agenda.

Department Reports:

Assessor’s Report – Victoria Hayner submitted a written report. In February & March there were 19 sales. Three were valid sales and 16 were non-valid. Nine were residential properties and ten were vacant lands. During March she reviewed building permits. We have declared 63% as the level of assessment on the 2017 roll. Change of assessment notices will be sent out around May 1st. She will be on vacation the week of April 17. She is in the office on Tuesdays 8 am – 2 pm.

BTI – John Delesky presented a visual report to the board. There are 6 people out treating and have had to contend with ice and snow.

Clerk/Collector – Tax Collection Report, Linda Gilbert presented the March monthly clerk report. I have balanced the tax roll with Fulton County. Penalties will be paid to the Supervisor. The office collected $2,593,871.20 – unpaid were $490,313.26. There is a New York Association of Local Government Records Officer Conference in June in Batavia she would like to attend.

Code Enforcement & Sanitation Mr. Duesler reported he sent out 6 unsafe structure letters. He got 5 responses. People want to comply – it remains to be seen if they do or not. He stays in contact to make sure there is steady progress. Fire safety inspection letters went out to half of the business. Inspections will be done in May.

Blight – Mr. Duesler has been working on this. Council Member Glenn suggested bringing in dumpsters and leaving them at various locations in town one a month for 3 months. They would be for the residents of the town- no commercial use. Volunteers would have to patrol it as best they can.

Dog Control – the clerk stated Mr. Dutcher reported 5 calls for the month and 13 tickets were issued.

Golf Course – Mr. Jennings stated they hope to open next week. The greens came out great. He is ready to mow. HFM BOCES has an internship program. Mr. Bishop needs a job from May 1 – 12th. It is not paid or no insurance is needed. Mr. Jennings noted he is 17 and cannot use any power equipment.

Supervisor Morris made a motion to participate in the HMS BOCES Internship Program with the student working for the Golf Course. All safety concerns were addressed. There was a condition that all of his paperwork needed to be in order. Attorney Ferlazzo commented as long as it is a sanctioned school program Council Member Glenn seconded the motion. All board members were in favor of the motion.

Attorney Ferlazzo represents this entity and stated everything should be fine. He recommended calling our insurance company.

Highway – Mr. Putman has a problem with US Flags being place on telephone poles by the town. They do not conform to flag etiquette. He read rules for the proper flying of flags. His concerns were the size of the flags and the fact that they should be spot lit at night. He suggested welcome flag like banners and gave a catalog to the board. It was noted that Mr. Hillock offered the use of his bucket truck to hang flags again this year. One problem was the holders.

Mr. Tedesco’s office contacted him this week. There is $110,124.28 in CHIPS funding available this year.

There is a Highway Superintendent’s school in Ithaca coming up he would like to attend with his Deputy Hwy. Superintendent.

Mr. Putman reported a problem for the last four years of people disrespecting snow removal. A state law says that you are not to deposit snow on or across a state or municipal road. He is concerned with the town roads and quit counting at 61 violators. He talked to 20 of them. He is researching what can be done about this. They can be ticketed. The judge will want documentation and law enforcement brought in. He suggested a town constable. Solutions would be: setting a rate for town equipment and manpower. The town remediates and the homeowner is billed. There would have to be a local law. This is a fire and safety concern. Those contacted were not responsive.

Mr. Putman noted Mr. Travis is the janitor not fire safety. Mr. Putman believes the town building should be checked fully. Mr. Duesler should check of the town building once a week or once a month. There are things going on now that need to be addressed. There is a concrete problem currently.

Last but not least Mr. Putman again suggested a generator be purchased for the town hall.

Council Member Manning noted the USDA Grant would not cover the Salt Shed project but there is a loan available from them. The interest rate was 3.375% interest rate for 30 years. He also noted the USDA does cover full purchases of equipment he needs. It is a one page application that they would write. Council Member Manning has the contact information for this.

Mr. Putman will have a size for the Salt Shed for the next meeting. The size he needs would mean utilizing the tower area. There will not be any contamination issues. The state dumps more salt on the roads than would come outside the shed. Poured walls were suggested. Council Member Sturchio asked about getting public input on this project. Mrs. Hillier was not sure of comparable bond rates locally.

Lake Steward Program – Mr. Durkee has emailed a request to recruit, evaluate, hire, train, and schedule the stewards for the boat launch and boat wash station. The board will discuss this in the future. He also asked to be allowed to spend $1,000 for any repairs at the station without board approval. She wants to discuss his requests with him at the next meeting. Council Member Manning thought he was asking for a part time fill in person in case the other person was sick or unavailable. Board approval was needed prior to hiring. Returning people can be rehired. Supervisor Morris wants to discuss the number of workers with Mr. Durkee. She saw two people working at the boat wash station at the same time last year.

Town Hall Building – Mr. Travis reported a new pump was pump was put in the basement by Tom Baird. The sewer problem is being worked on. The highway department is helping with this work.

Weeds/Boat washing Station –Gene Centi reported he has commitments from 3 divers to work this summer.

He may have one more but if anyone knows of a certified diver please contact him. He would like to have 2 full crews which require 6 people. Council Member Glenn reached out to Leigh Walrath on the final report that was not filed for last year. The clerk will review last year’s minutes for any information.

Mr. Centi is still looking into both types of harvesters. He talked to the state, APA, and DEC. While in Florida he operated a cutting unit. It cut everything 6 ft. under water. It sucks up the vegetation cut. There are positives and negatives with both types of harvesting techniques. The roller type grabs the milfoil up by the roots. That one operated up to 5 ft. Milfoil will never be irradiated. It has to be managed and controlled.

DEC will not issue permits for herbicides. With Beetles, fish/carp you have to use 12 – 15 per acre and you have to keep them in the body of water. We have a dam and they can’t be allowed to leave – how do you make that happen? He will meet with the divers to discuss their concerns and to check the boat over and review how they think things should be done in May.

Youth - Supervisor Morris stated she had a phone conversation with the Director- Rachael Simons last week she wants more put into the program. She wants a playground across the street. She requested the salary be changed to hourly. Supervisor Morris noted the budget has already been set.

Ms. Simonds reported on her progress with the program. She needs to have the paperwork in to the Dept. of health in 23 days. She requested a work session in the next week. She stated she is not looking for a playground only a sandbox. She is not looking for the salaries to change. She said going to hourly would save money. The program is 5 ½ hours per day. Supervisor Morris noted the program was always run by the water. She understands the requirements to run the program at the beach. The board has a goal to have the program back on the water. After this year the supervisor hopes that will happen. Ms. Simonds stated that will cost more money. Supervisor Morris is concerned with the kids crossing the road to get to the park. The board will talk later with Ms. Simonds.

Council Member Manning read the email from Mr. Durkee to the board and offered the following resolution.

RESOLUTION #2017- 042 to allow hiring for the Boat Wash Station and Lake Steward Program was offered by Council Member Manning at the April 12, 2017 regular monthly town board meeting held at Caroga town hall and

WHEREAS Mike Durkee – program co coordinator for the Boat Wash and Lake Steward Program sent an email to the board members dated March 22, 2017, and

WHEREAS, he requested that the board approve his request to recruit, evaluate, hire, train, and schedule the stewards for the boat launch and boat wash station, now therefore be it

RESOLVED, that the Caroga Town board does hereby move to allow Mr. Durkee to recruit, evaluate, hire, train, and schedule the stewards for the boat launch and boat wash station.

The motion was seconded by Supervisor Morris.

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

Sherman’s Advisory Committee – Mr. Kirch has a significant update this month from the committee. He passed out materials to the board and town clerk. The document contained a process summary with a month by month timeline from March of 2016 to May 2017. Highlights of the Sherman’s proposals were set out in a chart, and the latest versions of the proposals were handed out.

He stated a year ago the committee set about creating a process to accept proposals for Sherman’s, evaluating those proposals, and ultimately to make a recommendation to the town board. Then it would be up to the board to do anything with either of the proposals they have. Tonight he gave an update to what the committees have done for the last year. The committee members were listed. Over the last few months they have been working on revisions to the proposals and asking for other options. The proposals were a lot shorter when they were first submitted. Now there is more information to look at. There are still a lot of questions and concerns about the proposals.

Officially the proposals were given to the board tonight. Mr. Kirch stated the next step is for the board to schedule public sessions for the proposal owners to presentations to the public, board, and committee. Once the meetings are held the committee would meet one last time to discuss them and make a final recommendation to the town board. Mr. Kirch stated the proposals are not final both parties have stated they are open to discuss everything. He stated the proposals could change substantially possibly depending on how the discussions go.

Brief Summary:

Caroga Arts Collective proposes to have a performance venue, offer classes, event rentals, farmer’s market and offices. They want to lease the property from the town over multiple years with the town donating the property to them. The Town would receive $400,000 over 10 years.

LLP Management propose to have 10 – 15 Apartments, office space four story hotel, retail shops, restaurant, and entertainment. The town would receive $150,000 - $300,000 in 2 -3 years.

Both propose to restore the carousel house. (Complete information is on the town website at www.carogalakeny.com )

Mr. Kirch thought the presentations to the public would last an hour each. A half hour of information then ½ of questions. He thought the meetings should be on one night just for this purpose.

Mr. Capparella wondered about the issue of the cloud over the title. Mr. Kirch agreed this issue has to get resolved. This can only go so far at this point.

Barbara Lee asked if the proposals addressed the environmental impact on the properties. Neither proposal addresses this issue at this time.

Attorney Ferlazzo noted normally the developer pays for the approvals. The term site control was explained by the attorney. It’s like due diligence. They would do a phase one study- a paper investigation, a phase 2 may involve drilling for chemicals. A lot of developers like a letter of intent so they can go to a bank for financing.

Supervisor Morris was a firm supporter of a declaratory letter. She hates seeing taxpayer money and time being put into something with a legal cloud over it. It made no sense to market the property with the legal cloud over it. She has been approached by developers but she has held them off because of the legal cloud. That is why we did not market the property. Council Member Manning encouraged those others who may be interested in developing the property to come forward now. He felt it was important for the public to hear from people making the proposals as it is for the persons making the proposals to hear from the public. Then the board can weigh in.

Mr. Shekerjian wondered if without the declaratory judgment is it prudent to have public hearings.

Mr. Centi wondered if Mr. Abdella would be aggravated and not cooperative after the fact. First the Town attorney has to work his magic. He commended the committee for all their work.

Attorney Ferlazzo stated if Mr. Abdella likes one of the projects it may make it easier – he may say fine go ahead. A non-response by May 3 means he does not agree with the town. He will force the town to go to court.

Mr. Long stated we have to act as if the contract is null and void. We own the property we should proceed on that basis.

Mr. Toskas assuming the town will be sued if do anything with the property - if a developer does go forward and Mr. Abdella sue who would he sue? He would sue the town and the interested party too.

The board thanked Mr. Kirch and the committee for their work.

It is 9:30 pm 3 people leave.

In three weeks the board will know the status of the declaratory letter. The applicants should be notified of the status of the legal cloud.

Melanie Voght asked if the title cloud is cleared up will the property be advertised for other proposals. Supervisor Morris stated after three weeks we will know what we can and can’t do. Then others will be brought into the mix. The two proposals we have from the committee are not the only two choices the board has. A questions was why wouldn’t they have to go through like the others did. It was because they did not want to do the RFP process with the legal cloud on the property. Council Member Manning stated there was a fairness issue here to those who chose to participate. He thought the board should continue with the process we have in place. Supervisor Morris wonders what happens if the board doesn’t go for either of the proposals presented then what. That is a risk Council Member Manning replied. The issue could go to referendum. If the board did not like either proposal. The committee could make a recommendation and say there is more work to do on the proposals. Then maybe marketing it may come into play. Council Member Manning wanted to finish the process out.

Mr. Toskas did not want to limit the project to only the two proposals. He is concerned what is best for the town.

Supervisor Morris noted before anyone can be allow on the property a structural and electrical inspection need to be done. She was not in favor of spending $5,000 - $8,000 for the inspections when the town doesn’t know what is going on with the property.

Supervisor’s Report

Supervisor Morris thanked the highway department for picking up tires on Cape Horn Road.

Lynne Delesky wants to coordinate a road side clean up. May 6 at 9 am was set. The public was invited to help. Supervisor Morris invited people involved in the blight committee to participate.

Supervisor Morris wants the board to think about getting a generator for town hall.

Banner/Flags will be discussed at the next meeting. She wanted to offer Mr. Hillock $200 for his equipment and time to hang the flags. We hung 35 last year.

On May 3 the board will interview one more candidate – Frank Malagisi.

Old Business:

Sherman's Revival Series – Last year a resolution was made to allow a series of concerts on the property. Now we know there are issues. Supervisor Morris was not in favor of putting money into the property for inspections. The Code Officer John Duesler contacted Whitney Russell from the Dept. of State Codes. He explained the situation to him. Mr. Russell strongly recommended before anyone goes on the property that a structural evaluation an electrical evaluation and to fix any and all issues. Then at that point secure it – doors, windows, any trip hazards. There should be a fence around the ice cream stand and Ferris Wheel. That is just to let people on the grounds. Not to allow the use of the buildings.

Council Member Manning has bids of $400.00 for an electrical inspection and a $700.00 bid for structural from Charlie Ackerbauer. The goal of the revival series was to provide funding for the town as well as generating positive tourism this summer. Given their projections they have offered the town a 50 /50 split (of concert revenues) this would surpass the amount to have these inspections done. The group is still planning to do this concert series which is outdoors.

Mr. Shekerjian asked if the town can accept their money – they can was the answer.

Supervisor Morris will allow one more speaker it is 9:50 pm. No more public input.

Mr. Toskas thought the solution was to allow the music group to do all the preliminary work (inspections). Whatever proceeds would be theirs. Attorney Ferlazzo noted some difficulties there. The town has the obligation to make sure the property is safe before they are allowed to go on there. We can’t delegate it to them.

Barbara Lee is a board member representing the Caroga Arts Council. They intend to provide co insurance to the town. They do not intend to go into any buildings. They town can’t grant them the authority to get inspections. They need to know if the town will still allow them to hold the concert series. Does the town want to enter into a 50/50 agreement on the proceeds or charge them a flat fee to use the grounds? She stated the CAC would do all the set up, tear down, and clean up. She hopes the insurance company would OK this as well. Supervisor Morris stated it comes down to the Dept. of State and the evaluations they recommend doing. Mr. Duesler is hired to protect the safety and welfare of this community. He is not going go against their recommendations. He noted the bumper car building is not in good condition. Attorney Ferlazzo stated the board is making a judgment call not to invest too much until we have a final decision on the property. The board certainly can make the investments if they choose to. Barbara Lee noted if there are liabilities issues the town may have to invest money for fences and signage for areas that present a clear and present danger. She needs to know if the group can go forward with their plan. She understands the town’s conundrum. They want to work with the town.

Mr. Jennings suggested holding the concerts on the golf course. The pavilion across the street was suggested. Barbara Lee mentioned the Fish & Game Club. The group wanted the focus on the Sherman’s property. This will be discussed again at the May 3rd meeting.

More people (6) leave the meeting.

Council Member Manning noted if the cloud is not lifted the town still owns the property and we still have to know what conditions are on the property. Supervisor Morris stated as far as the revival series alternate plans were discussed. She thinks they should look into those.

Mountain bike trail update Council Member Manning wrote a grant for $6,000.00 for the design phase of the project.

Attorney Ferlazzo left at 10:00 pm.

New Business:

Lifetime health benefits – information will be conveyed to the town attorney on this matter for his review.

The supervisor is also working with Mrs. Hillier on this topic. It is no longer feasible for everyone to receive this benefit.

Draft UMP for Caroga Campground – The campground is under massive repairs. Public comments will be accepted until May 15 on the improvements.

Approval for Frank Malagisi to Attend Local Government Training was included in the bills for approval this evening. He just attended the training.

Correspondence: Inspection or copies are available in Town Clerk’s office.

Adirondack Trail Map

Wheelerville Trails Project Letters of Support from Fulton County Chamber of Commerce, Fulton County Center for Regional Growth, Assemblyman Marc Butler, Adirondack Velo Club

Summer Hours @ the Caroga Transfer Station Monday & Friday 8 – 4 Wed. 4 – 8 pm Saturday 8 – noon.

Resolutions:

RESOLUTION #2017-0043 authorizing the Town Clerk to attend NYALGRO Conference was offered by Supervisor Morris at the April 12, 2017 regular monthly town board meeting held at Caroga town hall and,

WHEREAS, the New York State Association of Local Government Records Officers will hold their annual conference in Batavia this year in June, and

WHEREAS, the Town Clerk/Records Management Officer Linda M. Gilbert expressed an interest in attending these informative sessions, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to authorize the Clerk/RMO to attend the conference with expenses coming from A1410.4.

The motion was seconded by Council Member Sturchio.

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

RESOLUTION #2017-044 authorizing the Hwy. Superintendent and Deputy Hwy. Superintendent to attend Cornell Highway School was offered by Supervisor Morris at the April 12, 2017 regular monthly town board meeting held at Caroga town hall and,

WHEREAS, the Annual will hold their annual conference in Ithaca again this year, and

WHEREAS, the Highway Superintendent, and Deputy Hwy Superintendent have expressed an interest in attending these informative sessions, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to authorize both the Highway Superintendent – Steve Putman and Deputy Highway Superintendent Charles Wager to attend the conference with expenses coming from A5010.4

The motion was seconded by Council Member Glenn.

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

At 10:07 the board met with Rachel Simonds Youth Director. She literally has 23 days to get the paperwork for the youth program to the Health Department. She works 70 – 75 hours a week. She tried to have a meeting with the board in March. Supervisor Morris noted several board members were away that month. She wanted to figure out the hours of the program and the rate of pay. She may need to hire new staff. Rachael has an issue with the summer school teachers as far as she knows they are getting paid more per hour than she is. It has snowballed over the years. She also has an issue accommodating parents. The program is from 9 – 2 that is difficult. Summer school overlaps and school has two sessions. If you have a1st grader and a 5th grader you are driving up twice. She proposed running the enrichment program 7 am– 10am and Recreation from 10 am– 3 pm. Parents have a 7 – 3 window for their kids to be taken care of. Hopefully more kids would be in the enrichment program.

Supervisor Morris wanted to discuss this with Mr. Roberti. The town pays half of the program costs. She wondered why the town is paying the teachers for summer school. Mrs. Hillier provided salaries from last year. Supervisor Morris noted the desire to get the program back on the water. Rachael replied that she was not doing it.

There are 8 people still attending the meeting. Council Member Sturchio returned to the room.

For a children’s camp the town has to meet federal minimum wage of $7.25 not state minimum wage. Mrs. Hillier had not heard that. She thought the town was paying minimum. Some camps pay $10. Our staff, if divided out, gets eight something an hour.

Ms. Simonds wanted to know what the boards expectations were as far as structure for the program what types of activities do they want to see. She stated the board members have not spent any time at the program. They do not know what goes on yet say they want structure. Supervisor Morris stated some kids do one thing others another. Supervisor Morris wanted the kids to have a set lunch time, a craft time, a play time. The director tries to give them as much freedom as possible so they start learning how to make choices. She will not designate a lunch time. She does not structure the program as it is summer, if the program goes back to the campsite there is even less structure.

It was noted the kids go on field trips once a week. She is not moving forward on the paperwork until meeting with the board for their input.

Supervisor Morris wanted to be sure the town kids were taking advantage of the program. She has heard grandkids and friends attend. The grand kids are of people who pay taxes here. There used to be a guest policy but that was eliminated.

With a salary they are making more than the federal wage. They do not get paid if they are not there. Years ago the board decided to eliminate the salary for not being there. That was changed. The director does let the staff go early if they have an appointment. She didn’t think they were docked. Mrs. Hillier stated the time card should be filled out correctly.

Curriculum – Ms. Simonds has heard complaints. She stated the board should “write down exactly what you are looking for so I know exactly what I need to do.” She still has to buy and plan the activities. If the enrichment program is more fun for them maybe more would attend.

Mrs. Hillier asked if Rachael was still salary or hourly. Just the counselors hourly. There are different levels. Lifeguards used to be paid $1,600.00 – Annie & Patrick; Chris, Adam, and Shelly were paid $1,418.00.

Two board members asked her to tell them what she does. They can’t write a curriculum. She hasn’t been able to research the enrichment aspect yet.

When Ms. Simonds first took over she received 100 + applications. On any given day she has about 50

for the program. Parents look for an overall program. Council Member Manning suggested hooking up with the Caroga Music group. Utilizing talent resources of residents was also suggested. PTECH was suggested as a resource.

Supervisor Morris suggested due to the restrictions of the time frame to submit the paperwork she should go back to what was done last year. Ms. Simonds doesn’t need to have the exact details of the curriculum. She needs to know where it is going to be, what will be done, and the people working on the program for the paperwork. “But I’m not going to go forward if we can’t figure out the rest of it.” Supervisor Morris again expressed her concern about kids crossing the road. A cross walk will be installed this year. They come in only during thunder and lightning, not rain – they can play out in the rain. One of the reasons the director doesn’t like the campsite is the health department requires immediate shelter during a thunder storm. They have to wait for the bus to pick them up. “If the board is adamant about having it at the campsite, I am not going to do it.” The town has to find an aquatics director to be at the beach. She wants the program to remain at town hall.

Ms. Simonds wants to change the hours for summer enrichment from 7 – 10 with the teachers and her too. She would be putting in extra hours now. Council Member Manning thought expanding the enrichment is a good marketing tool and popular. She has a $3,000.00 budget to work with for supplies which is tight if we were to expand the enrichment part.

Mrs. Hillier figured the lifeguard salaries at $9.85 the counselors will be paid $8.50 hourly. Ms. Simonds stated the teachers were town employees. This will be looked into.

There are three separate conversations going on. Ms. Simonds would like to contact Lowes for a donation to build a sandbox. The plastic ones are dumped each year. Mr. Putman should get rid the old ones.

Ms. Simonds stated her salary would stay the same but she stated, “I need a lot more pay than what I am getting.” The other thing is she is “not willing to have the program at the campsite. Never ever.”

There is a Facebook page set up by Rebecca Ward with pictures of the kids. This needs to come down – she believed the title is Caroga Summer Rec. The board will look into it. Rachael asked the board for any handbook changes. These have to be printed soon. She is concerned about getting the hours set. The town splits the cost of the program with the school. She needs to know if she can market the program as one program. She wanted this to happen this year. The Supervisor told her to hold off until she talks to the school Superintendent. She needs to know this week or Ms. Simonds stated she would not do it. Supervisor Morris was concerned the kids would not be from Wheelerville School. The other kids add to the diversity of the program. The first program would be optional. The enrollment has gone down significantly over the 7 years she has been here. Obviously the kids are aging out.

The summer enrichment teacher’s work with teachers from the school who recommend student go to the program. Ms. Simonds noted it is not mandatory, forced, or summer school. Supervisor Morris thought it might be difficult to get kids up and to the program at 7 am. The program runs July 5th to August 11th.

Supervisor Morris made a motion to pay the bills as presented for audit, and to accept the minutes of the March meeting. Council Member Sturchio seconded the motion. All board members were in favor of the motion.

At 10:59 pm Supervisor Morris made a motion to adjourn. Council Member Glenn seconded the motion. All board members were in favor of the motion.

Respectfully Submitted,

Linda M. Gilbert, RMC, CMC

Caroga Town Clerk

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