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Minutes of a Town Board Meeting held Wednesday, November 14, 2018

State of New York
County of Fulton
Town of Caroga

Minutes of the Regular monthly Caroga Town Board meeting held Wednesday November 14, 2018 at the municipal building located at 1840 State Highway #10 at 7:07 pm with the following persons in attendance by Roll Call: The salute to the flag followed.

Supervisor James K Selmser - Here

Council Member John Glenn – Here

Council Member Jeremy Manning - Here

Council Member James Long – Here

Council Member Kent Kirch - Here

Other town department representatives in attendance were: Steve Putman – Highway Superintendent. There were 18 members of the public in attendance.

Public Speaking – None this evening

Supervisor Selmser announced that the Fire public hearing was held open and would be addressed at a later time. The clerk and Council Member Long corrected him to state the public hearing still open was on the Proposed Zoning Ordinance.

The public hearing and comments were now reopened on the proposed changes to the Town of Caroga Zoning Ordinance at 7:08 pm.

Tor Shekerjian discussed the road setback. He referred to Article 4 Section 7. Supervisor Selmser stated as long as the highway superintendent was consistent it would bring understanding to how he believes it should be. Mr. Shekerjian was concerned about the letter of the law.

Council Member Long noted if we make changes at this point it will hobble the process, it will mean going back to the Park Agency, the county and have to have another public hearing. He stated it can be amended and anticipates doing so sometime down the road.

Mr. Horton served on the committee and spent lots of time on this issue. He noted the different widths of the roads the easements and rights of way. He noted the town road has a different width requirement. The code officer will determine the setback.

Steve Putman stated this needed to be clarified in the law and in writing. The measurement is taken from the center of the highway and measured 25 Ft. He will be happy to show anyone the center of the road.

Council Member Manning suggested passing a local ordinance to establish this. He suggested having Mr. Shekerjian to co-ordinate this between departments. The Highway Superintendent wanted a resolution so whoever the highway superintendent is that they be on the list to be notified when a variance or site plan review case is within the setback.

Supervisor Selmser thought there was something to that effect in the updated ordinance.

Council Member Kirch thought it should be an ordinance and a procedure. He wanted to work on this next meeting.

Council Member Glenn obtained a copy of the sanitation ordinance. It was first adopted in 1968 and last revised in 2006. He thought it needs to be updated and secondly should it be involved in the zoning update. Council Member Long noted it is separate from zoning. He noted it should be in compliance with state health code. Council Member Manning noted it is separate, the town has several ordinances. Supervisor Selmser noted it was adopted prior to zoning.

The clerk noted there is also a separate mobile home ordinance. Did the Planning board overlay the current ordinance to the updated zoning? Will it go away or be incorporated in to the new?

Council Member Long stated it doesn’t go away but the later document overrides in specifics. It is still in effect. It was stated by the supervisor that the two documents were compared.

The public hearing on the 2019 Budget was opened at 7:20 pm. No questions were forthcoming.

Council Member Kirch asked what the percentage increase was. The rate per thousand in General Fund 2018 was .9972

2019 will be 1.01

The taxable amount in the levy was increased by $2,338.00

The rate in Highway 2018 was 3.8781

2019 will be 3.9499 an increase of $12,548.00

The percentage increase general and highway is 1.01639 - 1.639%

The Fire Contract is going from .8488 to .8608 an $831.00 increase. 1.4% increase.

Supervisor Selmser stated there was a minor detail on the fire contract we approved it but there is a need for a public hearing.

RESOLUTION #2018-115 to schedule a public hearing on the Caroga Lake Volunteer Fire Company Inc. contract was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday November 14, 2018 at 7 pm at Town hall.

WHEREAS, the board has received information from the Caroga Lake Volunteer Fire Company for a five year contract with the town which states the proposed rates at:

2019 - $136,766.00

2020 - $139,502.00

2021 - $142,292.00

2022 - $145,138.00

2023 - $148,040.00

WHEREAS, it is necessary to hold a public hearing on the contract, now therefore be it

RESOLVED, that the Caroga Town Board shall hold a public hearing on the proposed contract on Wednesday November 28th, 2018 at 7 pm at town hall.

Seconded by Council Member Manning

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Supervisor Selmser asked for any changes. Council Member Kirch stated the 2019 budget needed to change for new compensation for the Weed Director. $14,000 needed to be transferred from diver A8090.2 it has $87850.00 in it down to $73850.00 A8090.13 needs to be changed from $2,000 to $16,000.00.

Mrs. Morris asked if the fire contract was going to go back down to where it was 5 years ago. The supervisor noted instead of 5% it is now 2% a year for the next 5 years.

Supervisor Selmser stated on the budget there was an adjustment on the front cover sheet after it was reviewed at the last meeting. He found an error the bookkeeper had made. The general fund adopted budget for 2019 was listed as $1,416,943.00 it will increase to $1,428,318.00. The adjustment was made taking additional funds from the fund balance and keeping the amount to be raised by taxes the same.

The town clerk noted the budget was just amended and I would also like to earn $30.00 per hour.

Supervisor Selmser stated the rate for the weed harvesting coordinator has not been approved it will be set at the January reorganizational meeting.

Council Member Long stated he is still needs to get it straight. He asked for historical minutes be put into HTML a word document from the clerk to put on his website. The clerk questioned the need for the public in this format. The 2017 minutes are already posted on the town website.

They are not searchable or readable on a small device Council Member Long stated. He stated he didn’t need it but the citizens did. The clerk asked the citizens and no one responded. I stated I would do it.

Department Reports:

Assessor’s Report – No report

BTI – Mr. Delesky stated he used 47.6 gallons this year down from 67 last year. He has 22 gallons left. He wants to purchase it now for next year. “No doubt there will be a price increase.” There is $3,500 in his budget.

Clerk/Registrar – A written report was submitted to the board along with the monthly report.

Last month I noted resolution 2018-098 needed to be amended but it was not. The town was behind 3 payments on an annual contact but the matter was rectified in a prepaid payment. Following up on fair compensation and in lieu of receiving it I am proposing closing one day a week next year from May to December on Thursdays. The town has less revenue on Thursdays.

The board was notified of changes to the abstract after they were approved due to errors by the bookkeeper. Lastly research and analysis were done to replace the 8 year old computer in the clerk’s office and I have decided not to replace it at this time.

Supervisor Selmser noted the county is updating computers and the town may be able to purchase one of their used computers depending on the age.

RESOLUTION #2018-116 to correct resolution #2018-098 was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held on Wednesday November 14, 2018 at 7 pm at Town hall.

WHEREAS, the board was notified for the past two months that there was an error in resolution #2018-098 with the year for which the board was accepting the books of the tax collectors, now

Therefore be it

RESOLVED, that RESOLUTION #2018-098 shall be corrected to accept the tax collector’s books for the year 2018 and not 2017.

Seconded by Council Member Long

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Code Enforcement & Sanitation – the board received a monthly report this evening. It was a busy month. Today the board received a report on the asbestos samples taken. There were 2 areas identified at 2328 State Highway 10. The removal has to be done by the homeowner or a certified abatement specialist. Council Member Kirch suggested getting bids.

RESOLUTION #2018-117 to go out to bid for asbestos abatement at the residence of 2328 State Highway 10 was by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held on Wednesday November 14, 2018 at 7 pm at Town hall.

WHEREAS, the board received a report back today from AmeriSci New York 117 East 30th St. NY, NY 10016 via CT Male & Associates 50 Century Hill Dr. Latham NY 12110 which identifies two areas of asbestos on the property, and

WHEREAS, the board advertising in the Leader Herald and set December 7th as the return date for the bids, now therefore be it

RESOLVED, that the Board hereby moves to go out to bid to remediate two areas, prior to demolition, identified in the report as having asbestos around the window and the caulking around the electric meter on the outside wall.

Seconded by Council Member Long

Discussion:

The supervisor suggested having the code officer notify vendors who could do the work.

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Council Member Kirch noted the next step would be to take bids on demolition. Council Member Long thought there might be an outfit that can do both. That might save the town money. The clerk wondered if the County had anyone who could do the abatement or demo.

It was Council Member Longs understanding that the county is way backed up – years behind.

Council Member Kirch stated the code officer has been working on the 2019 Building Permit Schedule (fees). The document was distributed to the board for their review. To the public he explained there is a new class of building permits that will be free. Small projects under $500.00 for replacing existing siding or replacing windows or doors that are the same size that you currently have. The code officer still wants to talk to people before the changes are made.

RESOLUTION #2018-118 to accept the submitted Schedule of building permit (fees) from the Code Office to include the new class of permit which is at no cost to the homeowner effective January 1st, 2019 was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held on Wednesday November 14, 2018 at 7 pm at Town hall.

WHEREAS, the board received and reviewed prior to the meeting a revised fee schedule for building permits to include a new class of permit for which there would be no cost to the homeowner, and

WHEREAS, small projects that will require a building permit but are free will include projects that cost under $500.00, permits to replace siding, and permits to replace like sized windows and doors, now therefore be it

RESOLVED, that the Caroga Town Board accepts the submitted schedule of building permits (fees) from the Code Office to include the new class of permit as stated above which is at no cost to the homeowner will go into effective on January 1st, 2019.

Seconded by Council Member Long

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Blight -

Dog Control – 2 delinquent dogs from 2017, 2 delinquent dogs in 2018 Jan – Sept. The Dog Control Officer had 5 calls for the month.

Golf Course – Closed for the season.

Highway – Mr. Putman asked the board for their take on the notification to the highway superintendent in the proposed updated zoning ordinance. Council member Manning thought it should be done through a local ordinance. He agreed it should be formalized. Council Member Kirch thought it should be both an ordinance and a procedure. Supervisor Selmser believes “there is something in there.” He will look back and give a copy of the section to Mr. Putman.

Mr. Putman asked if the 25 ft. setback for septic systems/leach field’s setback was included in the ordinance. Does it say it can or cannot be right along the road? Mr. Putman strongly urged the board to look into this if we don’t have it. He can show them sewer systems that are right on the road. Guess what is going into the ditch to your lake? When he cleans ditches he can smell it. This type of thing needs to be addressed. There was an instance on Morey road where the pipe from the washer went into the ditch.

Mr. Shekerjian stated there is a local ordinance from 1978 that addresses discharge.

Mr. Putman gave the board a letter about a right-of-way that went from the town road to the lake across people’s property for ditching purposes. The roads were built over stumps, swamps, and rocks that is the infrastructure. So people had drainage going across their properties from the open drain to the lakes and used old hot water tanks etc. Mr. Putman has to replace one of these. He has to get permission to do this on S. Shore Rd. East Caroga as he will be going on private property. Ryan Bornt sent a letter dated 10/25/18 to Mr. Putman. He will need to rent a small machine to do the job. The pipe will be the same size.

RESOLUTION #2018-119 for board approval to replace the town’s culvert pipe located at 220 S. Shore Rd. East Caroga was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held on Wednesday November 14, 2018 at 7 pm at Town hall.

WHEREAS, the board was informed by the Highway Superintendent Steve Putman about a situation whereby he needed to bring town equipment and manpower onto a town residents property to replace a culvert for drainage purposes, and

WHEREAS, Mr. Putman received a letter dated October 25, 2018 from the property owner giving permission to the town to replace the town’s culvert pipe on his property, now therefore be it

RESOLVED, that the Town Board and Ryan Bornt of 226 Gray Rd Mayfield NY 12117 do hereby authorize Mr. Putman to replace the town’s culvert pipe on his property

Seconded by Council Member Glenn

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Mr. Putman noted there are several of these same situations on S. Shore Road of West Caroga. It is about the infrastructure. One of the people on the road refused to give permission for the town to replace the pipe going through her property. This makes it hard for him to fix the road properly. He asked the board what would they do. If you don’t drain these areas properly the frost takes over.

Council Member Manning suggested talking to the residents. Mr. Putman noted Soils and Waters can force them to give access to have the work done. Council Member Glenn suggested the board write a to letter to people in that area in anticipation of work being done. Mr. Putman will get a list of the 5 – 10 affected property owners. It is a start to the project. He would like volunteer compliance. Council Member Kirch asked for the key talking points for the letter.

Mr. Putman received an email from Andy Bell for the deck for the box culvert on Nick Stock Road. The cost was $44,900.00. The board reviewed the information. The 2019 budget line item was reduced to $15,000.00. The board can’t make a decision at this time. They will keep the project in mind.

There was no word on when the ordered trucks will arrive. The small truck was expected 12 – 14 weeks upon order.

Lake Steward Program – A written report was submitted by Mike Durkee. Council Member Long stated he, Marcus Harazin, Gene Centi, and Jack Glenn met with Catherine McGlynn the NYS DEC aquatic invasive species coordinator on Nov. 2nd. Money will be available with the deadline to apply in January they think. He stated there are a number of changes this year. They can apply for money in any 2 of the 3 areas; lake steward, boat wash, or DASH program. To get the grant this time around there should be a lake management program in place. He would like a formal committee. The town board should then ask the committee to come up with a lakes management plan. There is a guideline to create the plan on the DEC website. It is not a requirement but they would be at the back of the line if we don’t have one. A suggestion was made to have lake association members on the committee. They do not know the deadline to submit the grant.

RESOLUTION #2018-120 to rename the (ad hock) AIS committee as the Lakes Management Committee and to instruct said committee to create a lakes management plan document was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday November 14, 2018 at 7 pm at Town hall.

WHEREAS, the Town of Caroga has sought and obtained grant monies from NYSDEC as part of its aquatic invasive species program (AIS), and

WHEREAS, the Town of Caroga will be seeking NYSDEC grant monies at the next NYSDEC grant cycle this winter, and

WHEREAS, the NYSDEC Aquatic Invasive Species Coordinator has advised that having a Lakes Management Plan in place is recommended when seeking future NYSDEC grant monies, and

WHEREAS, the Town of Caroga has had an invasive weed harvesting program for decades, and

WHEREAS, the four main lakes in the Town of Caroga all participate in the Adirondack Lakes Assessment Program of Paul Smiths Adirondack Watershed Institute, and

WHEREAS, lakes in the Town of Caroga also participate in NYSDEC’s CSLAP program, and

WHEREAS, the Town of Caroga has operated a lake steward program for several years, and

WHEREAS, the Town of Caroga is now operating a boat wash station, and

WHEREAS, the Town of Caroga has generated reports on these various activities, and

WHEREAS, Professor Daniel Kelting of the Adirondack Watershed Institute has confirmed that the above constitutes a “Lakes Management Program” and any additional monies that become available should be used for these existing programs instead of hiring an outside consultant, and

WHEREAS, the NYSDEC Aquatic Invasive Species Coordinator advises that the instructions for creating a Lakes Management Plan document are online, now therefore be it

RESOLVED that the existing AIS Committee is renamed the Lakes Management Committee and the Town Board instructs said Lakes Management Committee to create a Lakes Management Plan document and to appoint James Long, Jack Glenn, Marcus Harazin, Mike Durkee, and Gene Centi to the committee

Seconded by Council Member Glenn

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Beth Morris stated the boat wash station does not get a tremendous amount of volume. She asked this board and future boards to reassess the plan for a boat wash station. She noted a lot of taxpayer money has paid for something that is not being utilized. Supervisor Selmser agreed with her and stated had he been involved with the board then he may have had reservations about applying if knowing that future funding stream could end. She regrets voting for it.

Council Member Glenn quotes from Mr. Durkee final report: According to AWI: West Lake stewards inspected 1649 boats, 10 with visible organisms, of which 1 Eurasian Water Milfoil, 1 zebra Mussel. East Caroga steward inspected 337 boats, 8 with visible organisms, of which 6 EWM, boat wash stewards inspected 226 boats, 4 with visible organisms, of which 3 EWM, 1 ZM. The report covers Labor Day to the end of September.

Moving forward if taxpayers are funding this completely, the boat wash station should be open when it is busy. She would like the times examined. Council Member Glenn noted some lakes charge for this. Council Members Manning and Long noted it is hard to set up mandatory boat inspections. Supervisor Selmser noted the difficulty of Monitoring and establishing fines.

Council Member Long stated this was dirt cheap money compared to what we would spend if these lakes get Eurasian water milfoil. He thought inspections are trending up and thinks next year will be significantly higher. “Yes this costs money but to date we have gotten grant money to cover all that.” Council Member Kirch stated we need to keep an eye on it and if we don’t get grant money that’s when we’ll really have to take a hard look at cutting back hours. Supervisor Selmser noted maybe you can’t justify it sometime in the future.

The highway superintendent thanked Mrs. Barrett for notifying him that a stop sign had been knocked down.

Earlier a board member questioned the highway department’s drainage work. They have 50 ft. by law and they are within their use on that.

Town Hall Building – Council Member Long noted there is a leak in the heater core in the code office. The unit has 8 parallel pipes. A replacement core is $2,200.00. They were looking at eliminating the line that was leaking. Tom Baird was called. If he does not respond A-Tech or Adirondack Mechanical will be called.

The roof was repaired and will be monitored till spring.

Lakes Management Program - Council Member Kirch noted in the 2018 budget the weed director had $2,000 in the budget for his compensation. He was paid $900.00. He was not aware it had been reduced. “In talking to the rest of the board members generally the feeling was the right thing to do would be to pay him the full $2,000.00 requested.

RESOLUTION #2018-121 to provide $1,100.00 in additional compensation to the weed director Gene Centi was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held on Wednesday November 14, 2018 at 7 pm at Town hall.

WHEREAS, the board discussed the salary of the weed harvesting coordinator Gene Centi as it was set in the 2018 budget, now therefore be it

RESOLVED, that the Caroga Town Board hereby moves to provide $1,100.00 in additional compensation to the weed director Gene Centi to be paid in this current budget year during the next check cycle.

Seconded by Council Member Long

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Youth - No Report

Supervisor’s Report

Supervisor Selmser noted the town heard back from the APA approving the amended zoning ordinance. The only final step was a review by the Fulton County Planning Board a section 239 m process. The County Planning board responded back favorably in a letter dated October 17, 2018.

Council Member Long asked about closing the public hearing on the proposed update to the Zoning Ordinance and asked if anyone else had anything else to say.

Linda Gilbert had a couple of comments: the signs issue, allowing them in every district is against the Adirondack policy of keeping the visual beauty free of clutter and I am also concerned with people camping on their own property. There are appropriate places for camping. The camp ground almost closed and there are camp ground businesses in town.

At 8:20 pm Supervisor Selmser closed the public hearing.

RESOLUTION #2018-122 To Repeal and Replace the Town of Caroga Zoning Ordinance was offered by Council Member Long at the regular monthly meeting held on November 14, 2018 at Caroga Town hall.

WHEREAS, the Town of Caroga (Caroga) administers a local land use program (local program) approved by the Adirondack Park Agency (Agency) pursuant to Section 807 of the Adirondack Park Agency Act, the Agency having approved the local program on August 9, 2018 with an effective date of January 1, 2019, and

WHEREAS, the Town’s proposed Zoning Ordinance will repeal and replace the existing Town of Caroga Zoning Ordinance, and

WHEREAS, on July 11, 2018, the Town, as lead agency, issued a negative declaration pursuant to the State Environmental Quality Review Act finding that the proposed Zoning Ordinance would not have a significant adverse effect on the environment, and has fulfilled the filing, distribution, and publication requirements for notice of its determination set forth in 6 NYCRR § 617.12, and

WHEREAS, the Town submitted the proposed Zoning Ordinance to the Agency for review and approval pursuant to Town Resolution 2018-074 dated July 18, 2018, and

WHEREAS, the proposed Zoning Ordinance satisfies the approval criteria set forth in Section 807(2) of the Adirondack Park Agency Act, and

WHEREAS, the Agency approved the proposed Zoning Ordinance on August 9, 2018, with modification of Article 5, Section II, Subsection C, Paragraph 1 of the code as follows: “Structures greater than 100 square feet, except docks and boathouses, shall be set back from the mean high-water mark of all lakes, ponds and navigable waters and streams in accordance with the Dimensional Standards set forth in Article 4, Section IV, above”, and

WHEREAS, the Town has held the required Public Hearing on the proposed Zoning Ordinance, now therefor be it,

RESOLVED that the proposed Zoning Ordinance is hereby adopted by the Town of Caroga Town Board, effective January 1, 2019.

Seconded by Council Member Glenn

Adopted by a roll call vote:

Council Member Jeremy Manning - Aye

Council Member James Long – Aye

Council Member Kent Kirch - Aye

Supervisor James K Selmser - Aye

Council Member John Glenn – Aye

Supervisor Selmser stated this should be filed with the Department of State. The board was thanked for their hard work.

Supervisor Selmser gave an update on reprinting the trail maps. This is being handled by the Chamber of Commerce. They are waiting for approval from the State of New York on any changes. He hopes it will be done in the next few months. We should not print it on our own as the State logo is on the maps.

Old Business:

Council Member Long contacted Cathy Ann Wallace and she is willing to serve another term on the Board of Assessment Review.

RESOLUTION #2018-123 Reappoint Board of Assessment Review member Cathy Ann Wallace was offered by Council Member Long at the regular monthly meeting held on November 14, 2018 at Caroga Town hall.

WHEREAS, the town received notification that the seat of Cathy Ann Wallace on the Board of Assessment Review (BAR) expires on 9/30/2018, and

WHEREAS, Cathy Ann Wallace of 1486 County Highway 112 PO Box 542 Caroga Lake NY 12032 has served for the past five years is interested in serving another term, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to re-appoint Cathy Ann Wallace to serve a 5 year term on the Board of Assessment Review and whose term shall run until September 30, 2023.

Seconded by Council Member Glenn

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

RESOLUTION #2018-124 to renew the James A. Brennan Memorial Humane Society Contract was offered by Supervisor Selmser at the regular monthly meeting held on November 14, 2018 at Caroga Town hall.

WHEREAS, a contract listing Articles 1 through 3 was sent to the town for their review and approval of terms stated within the annual agreement between the town and the shelter, and

WHEREAS, the cost is $525.00 per quarter, the total cost of the contract is $2,100.00 per year, and

WHEREAS, the entire contract is on file in the Town Clerk’s office, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to enter into contact with the James Brennan Memorial Humane Society for services in 2019.

Council Member Long seconded the motion.

Seconded by Council Member Long

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

New Business:

The Supervisor asked who had keys to Sherman’s property. Council Member Manning stated he has keys to all the buildings. Council Member Long has one key just to the Town Hall. Council Member Glenn stated the property is closed for the winter. Supervisor Selmser stated he would make a list made of who has the keys. Council Member Kirch also has two keys.

RESOLUTION #2018-125 to put a Christmas tree in the information booth was offered by Council Member Kirch at the regular monthly meeting held on November 14, 2018 at Caroga Town hall.

WHEREAS, the board discussed putting a Christmas tree in the information booth on the Sherman’s property again this year, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to have Council Member Kirch again place the tree in the information booth.

Seconded by Council Member Manning

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Joe and Amy Mulyca were thanked for donating the tree to the town.

Council Member Long stated the board is debating among themselves what to do with Sherman’s. “We have a contract proposal to us. We have no idea whether we are going to proceed with it or not.” No matter what is done he proposed combining the four Sherman’s parcels into a single parcel. He noted on parcel has a septic system, pumps, tanks, pipe disbursed about.

Council Member Kirch asked if before he read his resolution there could be a conversation on this. The resolution was then read.

RESOLUTION #2018-126 To Combine the Four Sherman’s Parcels into a Single Parcel was offered by Council Member Long at the November 14, 2018 regular monthly town board meeting held at town hall.

WHEREAS, the historic property known as Sherman’s comprises four parcels, SBL numbers 68.18-1-23.1, 68.18-1-22, 68.-1-46.12, and 83.6-1-1.2, and

WHEREAS, the four parcels are contiguous, and

WHEREAS, three of the four parcels rely on the raised bed septic field located in the fourth parcel, SBL 68.-1-46.12, and

WHEREAS, the parcels contain interconnected septic tanks, pumps, septic lines, and raised bed septic field, together comprising a complete septic system, and

WHEREAS, the utility of any one parcel would be greatly diminished if separated from the other parcels, and

WHEREAS, separating the parcels would adversely impact the environment because it would separate the waste disposal parcel 68.-1-46.12 from the other parcels, and

WHEREAS, if the Town of Caroga were to sell Sherman’s, it would not be in the best interest of the Town if those parcels were then sold off separately by any buyer, and

WHEREAS, if the Town of Caroga retains ownership of Sherman’s, it is advantageous to the Town that any funding opportunities be eligible to be used for the entire Sherman’s property, as would be the case due to the recent reclassification of West Caroga Lake, now therefore be it

RESOLVED that the four Sherman’s parcels, SBL numbers 68.18-1-23.1, 68.18-1-22, 68.-1-46.12, and 83.6-1-1.2 be combined into a single parcel.

Seconded by Council Member Manning

Discussion: Council Member Long stated the town received a purchase offer and the parcel numbers were not correct. He noted the donation agreement had confusing parcel numbers.

Beth Morris asked if a public hearing was necessary. No, only if there was a subdivision was the answer. Council Member Glenn asked historically does anyone know why they were separated like that. Council Member Long stated some of the parcels were created de novo. There was a subdivision for the post office. Council Member Manning thought it made sense. He thought it was important for any funding to have it be one parcel. Council Member Kirch is hearing positives and is inclined to support it but wondered if there were any down side. It was asked if Mr. Abdella had been asked about this. Council Member Manning did not think it affected him. The Town Council was consulted it was stated.

The clerk interjected asking the board to jump ahead to correspondence. A packet was received from Clayton Sitterly for each board member. She thought it might be in reference to the Sherman’s Property. The packets were passed out to board members. Supervisor Selmser asked when they arrived. Council Member Manning asked why he was not given the packet before the meeting. They were received yesterday afternoon (there was a notation on page 20 of the boards packet which was emailed to them the day before the meeting.) the board members opened the packets. Council Member Long stated the packet refers to the four parcels. “The only thing that would change in their proposal is the new SBL#.) Council Member Manning again asked why this was not given to them prior to the meeting, “This is like huge stuff.” Supervisor Selmser thought it was “considered to be a contract.” The clerk stated she wanted this information presented in front of the public.

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

RESOLUTION #2018-127 to enter into an agreement for the 2019 Landfill Use by signing the renewal application was offered by Council Member Kirch at the November 14, 2018 regular monthly town board meeting held at town hall.

WHEREAS, the town received documents from the Fulton County Department of Solid Waste outlining the landfill terms of use (2 pages) and an application for account #A005 along with a list of the town vehicles authorized to utilize the landfill site, and

WHEREAS, the Caroga Town Board desires to continue using the Fulton County Sanitary Landfill and /or Recycling Facility in 2019 - Mud Road site, now therefore be it

RESOLVED, that the Caroga Town Board hereby agrees to enter in an agreement for the 2019 use of the Fulton County Department of Solid Waste Landfill and does hereby authorize signing of the renewal application.

Seconded by Council Member Long

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

RESOLUTION #2018-128 to enter into a five (5) year contract for Transfer Station utilization between Fulton County and the Town of Caroga authorizing the Supervisor to sign the agreement was offered by Council Member Long at the November 14, 2018 regular monthly town board meeting held at town hall.

WHEREAS, the town received an eight (8) page document from the Fulton County Department of Solid Waste outlining the: definitions, length of agreement, ownership of facility, county’s personnel, duties of the County, duties of the transfer area operation, Duties of the County (haul of Materials) Duties of the County (disposal of solid waste), duties of the municipality, access to the facilities, sale of recovered products, taxes and utility charges, assignment and leasing, insurance, compensation, damage destruction and condemnation, indemnification provision, applicable rules governing law, force majeure and entire agreement, along with a signature page, and

WHEREAS, the only change from the previous contract is on page 4 under Section 9 Duties of the Municipality – with additional wording relating to snow and ice removal, for the safety of the public and employees, and

WHEREAS, the Caroga Town Board wishes to continue a County-wide Solid Waste Transfer System utilizing the county transfer station commonly referred to as the Caroga Station Lane Road, now therefore be it

RESOLVED, that the Caroga Town Board hereby agrees to enter into a five (5) year renewal (2019- 2023) agreement for the use of the Transfer Station Utilization and does hereby authorize signing of all three copies of the renewal application.

Seconded by Council Member Manning

The clerk asked if Mr. Putman – Highway Superintendent had reviewed the contract as this would affect him. The Supervisor believes they have been doing it.

Council Member Long stated it is not a negotiable agreement. He noted the board of supervisors agreed to it.

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

Council Member Long made a motion to pay the bills as presented for audit. Supervisor Selmser stated he had one additional bill to add for payment. It was forwarded to him late this afternoon. It is from CT Male for the testing they did back in September for the ground water testing for the landfill site. The bill is dated November 12, 2018. Council Member Long stated we didn’t have to pay it today. A formal bill will be forthcoming. The bill was received along with the transmittal of the test results. Council Member Long then included in his motion to pay the one additional bill from CT Male Associates invoice # 80734 dated November 12, 2018 in the amount of $1944.68.

Seconded by Council Member Kirch. All board members were in favor of the motion.

Supervisor Selmser noted CT Male recommended a couple of other tests. Emails were generated to the board members by the supervisor. The ground cannot be frozen or snow can’t be on the ground either so we may not be able to do it this year. This will be pending.

Supervisor Selmser noted a few months ago the town received property use requests from a couple of citizens for Sherman’s. Action has not been taken on them. One keeps calling about a wedding. The supervisor didn’t know if they board should continue to take no action or… Council Member Kirch wanted to take action. The wedding would have 150 people and use of the carousel building and area of the Sherman’s property. The fee of $500.00 was discussed. It was stated that one of the board members has to be there. Council Member Long stated if we do accept it we have to have the caveat that things change. Supervisor Selmser replied “yes.”

The board discussed the dates being requested as August 10th, 2019 preferred or on August 24th, 2019 by Cassandra Izzo. The supervisor will contact them as to the date. The board will discuss this at the next meeting.

The board received a request to use the Sherman’s property for a car show from Joe Ricciardi.

RESOLUTION #2018-129 to allow use of the Sherman’s property was offered by Council Member Long at the November 14, 2018 regular monthly town board meeting held at town hall.

WHEREAS, the town received a completed request to use town property namely the Sherman’s property on July 28th 2019 by Joe Ricciardi for a car show to benefit St. Jude’s, and

WHEREAS, the board stated this is a charitable thing- a nonprofit, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to accept the request of use to allow the use on July 28th, 2019 from 9 am – 4 pm of the midway and lawn. FYI the usage fee was not stated in the resolution.

Seconded by Council Member Kirch

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

The clerk asked if the board was going to require insurance. Stipulations are spelled out in the use agreement was the response.

At 8:57 pm Supervisor Selmser closed the public hearing on the proposed 2019 Budget. Council Member Long asked if there was any action to be taken at this point on the budget. The supervisor stated the cover sheet was given to the board and ties in with the information the board had previously.

RESOLUTION #2018-130 to accept the 2019 Budget was offered by Council Member Glenn at the November 14, 2018 regular monthly town board meeting held at town hall.

WHEREAS, the town supervisor and budget director spent time putting together the 2019 proposed budget for the Town of Caroga, and

WHEREAS, the board held work sessions and a public hearing on the proposed budget this evening, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to accept the 2019 Budget with the additional changes in the summary.

Seconded by Council Member Long

Adopted by a roll call vote:

Council Member James Long – Aye

Council Member Kent Kirch - Aye

Supervisor James K Selmser - Aye

Council Member John Glenn – Aye

Council Member Jeremy Manning - Aye

Supervisor Selmser thanked the board for their hard work on it.

Council Member Kirch announced to the public that there would be a work session on Wednesday November 28th 2018 at 7 pm to focus on the concept of a sewer district to run through the downtown business district around South Shore Drive along West Carogathis should actually be East Shore Road West Caroga (I think) picking up all the properties between the lake and up to route 10 and over from the new firehouse lot to the Wheelerville School. A treatment plant would be somewhere down there around the school area and the affluent from the treatment plant would be put into Mead Creek after the outlet.

The four reasons to pursue this:

  1. Water quality

  2. Business district

  3. Sherman’s new possibilities

  4. Increases property values

The properties with very small lots have limited options in terms of septic. Council Member Long noted this is not only for failing septic systems but perfectly functioning systems a certain distance from the lake – all of the phosphorus and nitrogen goes into the lake. A group of experts will be at the meeting who do this all the time for municipalities. The county, a consultant, and Ron Peters from the County Center for Regional Growth will be here to talk about the funding options available.

Council Member Kirch hopes the town can get a feasibility study done through grant money. The point is to educate the board on what has been discussed, what is being proposed, what the pro’s and cons are, and how this is done. The public would learn a lot from attending this session. He encouraged the public to come ask questions and learn about it. He thinks it is important to the future of the town to have this.

Council Member Glenn stated if this gets off the ground this is just the beginning. Eventually this could encompass East and West Caroga Lake.

A concern was brought up by Gene Centi about boats being launched near Sherman’s on the Fleeman’s grove property. It is an additional access point that affect the safety of the lakes. It defeats the purpose of lake stewards. Supervisor Selmser stated there are 4 launch sites in his bay. Mr. Centi asked if an ordinance could be passed that boats could only be launched from designated areas. Council Members Long and Manning noted the state lands that are around the lakes. The town cannot get involved in property disputes. Getting the associations involved was suggested.

Saline in the lakes is a concern. Council Member Long stated research is still ongoing on this. He spoke to Prof. Dan Kelting yesterday. He is still collecting samples. People can contact him if they have concerns. His results will be published.

Mr. Centi asked if anyone was going to respond to the letter sent by Don Hopper and Richard Mendetta. Supervisor Selmser stated he would.

Correspondence:

Letter from Don Hopper and Richard Mendetta re: Environmental Issues on Caroga Lakes

E-mail 10/16 from Clayton Sitterly inquiry about availability of Sherman’s

2018 Legislative Breakfast 11/15 8 am @ Perthshire

2019 AOT Annual Training NYC 2/17 to 2/20

Names/Served with a lawsuit on 11/7/18

Fulton County Planning Board reviewed the proposed update to the Zoning Ordinance and recommended approval

Workers Compensation Report 10/22/18

EV Charging Stations

At 9:06 pm Council Member Long made a motion to enter into an executive session to discuss legal matters concerning Morey Road and contract negotiations. Council Member Manning seconded the motion. All board members were in favor of the motion.

At 9:34 pm Council Member Long made a motion to exit from the executive session. Council Member Manning seconded the motion. All board members were in favor of the motion.

RESOLUTION #2018-000 to Transfer the Attorney handling the Morey Road was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on November 14, 2018 at town hall.

WHEREAS, the Caroga Town Board entered into an executive session this evening, now therefore be it

RESOLVED, that the handling of litigation for the Morey Road shall be transferred from the Law firm of Girvin and Ferlazzo 20 Corporate Woods Blvd. Albany NY 12211 to Dunn and Dunn of 59 W. Main St. Canajoharie NY 13317

Seconded by Council Member Kirch

Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch

At 9:35 pm Council Member Long made a motion to adjourn, seconded by Council Member Glenn. All board members were in favor of the motion.

Respectfully Submitted,

Linda M. Gilbert RMC, CMC

Caroga Town Clerk

General #’s 349 - 376 $15,069.55

Highway #’s 201-211 $ 8,423.23

General Park $0.00

Prepaid #’s 198 – 228 $27,745.34