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State of New York

County of Fulton

Town of Caroga

Minutes of the Regular monthly Caroga Town Board meeting held Wednesday February 13, 2019 at the municipal building located at 1840 State Highway 10 at 7:00 pm with the following persons in attendance by Roll Call:

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 Don Travis – building maintenance, and John Delesky BTI. There were 16 people in attendance at the meeting. The Town Attorney Greg Dunn arrived at 7:45 pm.

Supervisor Selmser called the meeting to order at 7:00 p.m. The roll call and flag salute followed.

Public Speaking – John Livingston stated at the January town board meeting the town attorney was discussed. We were told that the town attorney did not charge for phone calls or emails. He gathered up attorney bills for the last 8 months or so and he found they do charge for emails and phone calls. It was over $5,000.00 for the past 7 – 8 months. Most of the calls and emails were with James Long and most concerned the music group – CAC. He thought there should be a formal resolution stating that no one except the town supervisor should spend taxpayer money.

Bill Bishop responded - he trusts the board (he named them by first name) to do what they need to do.

At 7:07 the public session was closed.

Trish Isabella is representing Mohawk Valley Coatings. She showed the board two products for the two different roofs.

Scott Horton stated this is all bunk. The supervisor gaveled the outburst he tried to adjourn the meeting for a break.

Supervisor Selmser noted Mrs. Isabella is addressing the board. The supervisor noted the existing moisture problem in the building that needed to be addressed. Trish was thanked by the board and apologized to for the disruption.

Council Member Kirch was upset about the outburst from Mr. Horton and stated he was out of line and unacceptable.

RESOLUTION #2019-018 to have Mr. Horton leave the meeting was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held Wednesday February 13, 2019 at 7 pm at town hall.

WHEREAS, Scott Horton was out of line and his outburst was unacceptable earlier in the meeting, and

WHEREAS, there needs to be repercussions when an outburst like this happens, now therefore be it

RESOLVED, that Scott leave the meeting.

Seconded by Council Member Long

Discussion: Council Member Glenn asked Mr. Horton if he was under control now. Mr. Horton responded that he was.

Adopted by a vote of 4 Ayes: Selmser, Manning, Long, Kirch

1 Nay – Glenn

Mr. Bishop exchanged words with Mr. Horton as he left the meeting.

Department Reports:

Assessor’s Report – The assessor sent a report to the clerk on Tuesday without the attachment.

BTI – The town is good on the last year of a five year contact with DEC. The 2018 reports for the BTI use and golf course pesticide applications were sent and accepted by DEC. He bought BTI last year for use this year. He notified DEC that we could apply as soon as March 1st it did not seem likely. He has the same 5 applicators this year.

Clerk/Tax Collector/Registrar – a written report was submitted. A report on unlicensed dogs was run. There are 2 for 2016, 2 for 2017, and 10 for 2018 from July – Nov. There were no delinquent licenses in December.

Tax Collection 2019 unpaid to date $813,623.68, in March 15 days prior to the expiration of the warrant I am mandated to send out a second notice. Paid to date $2,380,586.08

A check with Association of Towns found that documents posted on the town website should be provided to the Town Clerk in advance of posting because ultimately it is a record for which I am responsible.

The clerk discussed transfer station stickers with Council Member Kirch earlier today. In the past week a couple of people have come in to purchase them with only 6 weeks left valid on the permit. My question is would the board discuss selling stickers at a reduced rate after a certain time. He thought as of January 1st transfer station stickers would be ½ price until April 1st for the 2018-2019 year.

RESOLUTION #2019-019 to sell transfer station permits ½ price was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held Wednesday February 13, 2019 at 7 pm at town hall.

WHEREAS, the clerk discussed with the board the sale of transfer station permits from January to April each year, and

WHEREAS, residents have come in to purchase a permit with only 6 weeks valid on the current permitting year, now therefore be it

RESOLVED, that the clerk’s office is authorized to sell car and truck transfer station permits being issued for the current year for ½ price from January 1st to April 1st of each year.

Seconded by Council Member Long

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

Council Member Kirch examined the clerk’s records for 2018. He thanked the clerk for keeping excellent records and stated they were easy to audit. The clerk stated she made sure all the duplicate payroll time sheets were signed and made sure the bookkeeper’s copies were complete also. Supervisor Selmser stated he spent 3 hours with her books he found two things that needed backup information. Everything cross referenced and he found the books very satisfactory. Council Member Long audited 2 months of records and found no problems.

RESOLUTION #2019-020 to accept the town Clerk’s books as presented for audit was offered by Supervisor Selmser at the regular monthly meeting of the Caroga Town Board held Wednesday February 13, 2019 at 7 pm at town hall.

WHEREAS, the Town Clerk presented her books for audit at the January 13, 2019, regular town board meeting, and

WHEREAS, four of the five board members did examine and review daily, and monthly reports filed by the Town Clerk, and

WHEREAS, the check book, monthly statements and all documents were made accessible to the board, now therefore be it

RESOLVED, that the Caroga Town Board does hereby accept the Town Clerk’s books for 2018 finding them to be in good order.

Seconded by Council Member Long

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

Code Enforcement & Sanitation – The clerk was given 2018 Uniform Code Admin. & Enforcement report. Council Member Kirch proposed sending Mr. Duesler to his annual training.

RESOLUTION #2019-021 to authorize the Code officer to attend annual certification training was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held Wednesday February 13, 2019 at 7 pm at town hall.

WHEREAS, the code officer informed the board of an upcoming training in Lake Placid at the January meeting, and

WHEREAS, the code officer must attend a mandatory number of training hours each year to maintain his certification, and

WHEREAS, the board received information on the cost of the training which is $899.00, now therefore be it

RESOLVED that the Caroga Town Board hereby authorizes John Duesler to attend the certification training being offered in Lake Placid March 3 – 7, 2019.

Seconded by Council Member Long

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

Council Member Kirch stated the code office is requesting a software update to their system. The board wanted more information and the request was tabled.

Council Member Kirch and Council Member Long thought the board went out to bid for a combination asbestos remediation and demolition of the unsafe structure on route 10. Supervisor Selmser stated no resolution was passed. The code officer was to contact the company and ask if they could do that and for their recommendation. Supervisor Selmser we need to talk to our attorney also to make sure legally we can move forward. He thought some other action needed to be taken first.

Dog Control – No Report

Golf Course – Mr. Jennings has reached out to the school to set up lessons for the kids at school. He will also begin sharpening the 25 reals for the mowers in the next two weeks.

Highway – Mr. Putman has mentioned before about being a public official and when he sees wrong doing he reports it. He made reference to the free rent down the road and the dog kennel with a potential for someone being bit. He noted there are broken windows in the golf building.

All winter long the elements have been coming in.

At one of the last meetings abnormal behavior has been displayed. Mr. Putman was accused of making gratuitous statements. Council Member Kirch asked how this was part of his report. Mr. Putman stated the public deserves to hear what is going on. A person on this board had a standoff with the town truck on Green Lake Road. He wanted the truck to back up. He has written statements filed by the highway employees. While Mr. Putman was spreading sand on County Hwy. 111 this same person drove up under the sander. It was very unsafe. At the last work session Mr. Putman had information for the board. He was not treated with respect, the board saw it and spoke to that board member after the meeting.

Mr. Putman reported plowing more shingles than snow on East Shore Drive. He could bring the board 4 square. (There are 3 bundles in a square) Council Member Kirch stated this happened last year and asked him to continue on with his highway report.

Mr. Putman wants to hear directly from the public where there are problems with the roads. He does not want the board to call him and relay a message.

The sand pile is going down fast. Mr. Putman wondered what it is going to take to get a sand shed. Council Member Manning needs a cost and plans. He wants to know what other towns paid for their sheds. He wants a design to fit our needs. The board asked him to make it smaller and for more information. It was noted that a grant is needed. (The grant application is due in July and awarded in December) The board is willing to help with a grant but needs information.

Mr. Putman requested an audit of his accounts from the bookkeeper. She can run that tomorrow. He would like that for every meeting.

The Power Plan supporting documents were filed, as it was a bill from last year. It was for a thermostat for the loader.

The small pickup on order will have a plow.

Council Member Glenn wanted to follow up on contacting truck manufacturers for a fleet of trucks. Mr. Putman has contacted H. L. Gage, T & T, and International. He is waiting for them to get back to him. The new big truck is being worked on. Council Member Glenn complimented Mr. Putman on the care of the roads.

The public can get all the sand they want at the pile. He noted the danger of the chunks in the pile. We are running out of it because it is being stored outside. He cannot mix the sand and salt outside.

Lakes Management Program – Council Member Long reported two stewards are being provided with DEC money. They will be posted at the NYS Campground and the West Lake Boat launch. Council Member Long, Marcus Harazin and Mike Durkee wrote a grant that went in Monday to DEC for additional lake stewards for the West Lake Boat Launch and the decontamination station across from town hall. This grant may be more focused on the Susquehanna, Delaware, and lower Hudson water shed. So it is a longshot.

Council Member Glenn spoke to Gene Centi and a grant was sent in for the weed harvesting program. It was noted that resolutions were made at the recent work session due to the tight deadline.

Town Hall Building – Apollo still does not have the parts to fix the heaters at town hall. Mr. Travis did the annual (February) inspection of the town hall build.

Youth – No Report

Historian – Richard Nilsen- Historian submitted the Annual Report on January 13, 2019.

Supervisor’s Report – Supervisor Selmser noted the judge presented his books for audit to him before the meeting started. They will be reviewed by the board and action taken at the next meeting.

The supervisor did sign off on the initial agreement with the Power Authority. He spoke to the town Attorney Greg Dunn about the secondary agreement. It is a totally separate agreement. The attorney had a couple of concerns. The Power Authority requested financial reports for the past 3 – 4 years. The bookkeeper did provide them to the Power Authority.

Supervisor Selmser gave the board some updates: He reviewed the code office books for the past 2 years, and found everything satisfactory. “No issues to bring to the board’s attention.”

Supervisor Selmser passed out reviews on the golf course. The years 2016, 2017, and 2018 were listed. “We are still above board.” Breaking even and making a small amount of profit for the town. The unallocated insurance, and workman’s comp. will be allocated directly when the town gets those bills. The capital improvement for the well was not included in the report.

The Supervisor generated a report comparison of landfill use and recycling charges billed to the town by the county. The report is for the current year and prior year. Overall the charges were $27,910.38 of that $15,192.49 was total transfer haul. The permit fee income was $17,040.00. Last year there was more expense for the transfer haul than this year.

The supervisor also put together a highway fund comparison for the end of the year. The current year and prior year were documented. The fund balance was $307,987.93 in 2018 and $300,767.34 in 2017. Money was shifted around and an equipment reserve was set up. $256,000 that was in the general fund was moved to the highway fund. In the general fund transactions the supervisor noted this year the town received about $5,000.00 more in the fourth quarter sales tax. The total of the unrestricted & reserve accounts is $1,189,819.15 compared to 2017 when it was $1,053,513.17.

The supervisor noted the clerk picked up on an error he made by not setting the salary for the Highway Secretary. He also noted descriptions for the Laborers -Golf Course 1 – as the Senior rate the same with the B.T.I. Tech 1 – is the Senior rate. The supervisor stated the starting rate for a B.T.I. Tech II should be changed to $11.76.

RESOLUTION #2019-022 to amend resolution #2019-004 to set yearly salaries and hourly rates for the year 2019 was offered by Supervisor Selmser at the regular monthly meeting of the Caroga Town Board held Wednesday February 13, 2019 at 7 pm at town hall.

WHEREAS, the Town Clerk identified an omission in resolution #2019-004 and the supervisor made a couple of changes to the job titles and one change to rate of pay, now therefore be it

RESOLVED, that the title and salary of Highway Secretary be added to the list of yearly salaries and hourly rates for the year 2019 at $2,144.00 and that the Laborers listed as Golf Course 1 is the Senior rate at $14.56 and the B.T.I. Tech I is the Senior rate at $12.11 and the B.T.I. Tech II rates is $11.76 for the year 2019.

Seconded by Council Member Long

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

The board was handed a letter dated January 15, 2019 from the Fulton Montgomery Farmers Market Association, Inc. earlier this evening. Council Member Kirch stated they were happy with the market in Caroga and want to expand this year. They would like to hold the market on Fridays from June 7th to September 13th from 3 pm – 6 pm. Each vendor will have $1,000,000.00 in liability insurance.

RESOLUTION #2019-023 to approve the Fulton Montgomery Farmers Market Association, Inc. market in the Town of Caroga in 2019 was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held Wednesday February 13, 2019 at 7 pm at town hall.

WHEREAS, the Fulton Montgomery Farmers Market Association, Inc. began their association with a farmers market in the Town of Caroga in 2018, and

WHEREAS, it has been a success as far as patrons enjoying the goods and vendors providing goods and bringing activity to downtown Caroga Lake, and

WHEREAS, both the Town and the Fulton Montgomery Farmers Market Association desire to continue to serve our community with fresh and local fruits, vegetables, baked goods, nursery products, and more with an expanded season. Now therefore be it

RESOLVED, that the Caroga town Board does hereby move to support the farmers market and does grant permission to use space on town property for the 2019 Farmer’s Market season which shall run on Fridays from June 7th to September 13th from 3 pm – 6 pm on the Sherman’s property.

Seconded by Council Member Long

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

In reviewing the accounts the supervisor found a significant balance. He contacted several local banks for 12 month certificate of deposit rates. NBT Bank was 1%, Key bank 2.25%, Kinder Hook Bank was 1.75%, and Citizens Bank 1.5%

RESOLUTION #2019-024 to Authorize the Supervisor to invest monies at KEY Bank was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board on Wednesday February 13, 2019 held at town hall.

WHEREAS, the town needs to officially name the financial institutions it is authorized to do business with, and

WHEREAS, the town supervisor wishes to conduct town business at Key Bank of 255 North Comrie Ave Johnstown NY 12095 518-762-4691, now therefore be it

RESOLVED, that the Caroga Town Board hereby moves to authorize the Town Supervisor to include Key Bank as one of the depositories the town may conduct business with and to invest up to $240,000.00 at a rate of 2.25% for a term of 12 months for the Town of Caroga.

Seconded by Council Member Kirch

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

RESOLUTION #2019-025 to authorize attendance at the 2019 Adirondack Park Local Government Day was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board on Wednesday February 13, 2019 held at town hall.

WHEREAS, the 22nd Annual Adirondack Park Local Government Day Conference will take place on April 3 & 4 2019 at the Crowne Plaza in Lake Placid NY, and

WHEREAS, Supervisor Selmser and Deputy Supervisor Long have expressed an interest in attending, now therefore be it

RESOLVED, that the supervisor and deputy supervisor are hereby authorized to attend with the town paying the registration fees of $66.08 each and other expenses.

Seconded by Council Member Glenn

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

New Business:

Council Member Manning asked Mr. Ruby if he was going to mow the Sherman’s property this year. He did not give him an answer so Council Member Manning suggested getting bids for mowing at the Sherman’s property weekly from May 1st to August 30 and then biweekly from September 1st to October 11th . Or maybe the golf guys can do it. Mr. Travis suggested having a parks and recreation department so they could cut the cemetery too. Maybe have some college kids do it. He noted Mrs. Busch mows across the street. Council Member Manning noted people are renting the property and there may be other events too. Council Member Glenn was in favor of doing this in house rather than out to bid. Mr. Putman interjected that the golf course used to do the mowing at the cemetery when he worked there and they did more push mowing back then.

RESOLUTION #2019-026 to solicit bids for the mow of certain properties in the Town of Caroga was offered by Council Member Manning at the regular monthly meeting of the Caroga Town Board on Wednesday February 13, 2019 held at town hall.

WHEREAS, the town desire to maintain certain properties in the Town of Caroga, and

WHEREAS, the town would like to get bids to see the cost for maintaining the Sherman’s property located to the west of State Highway 29A and the cemetery located across the street from the North Bush Church, now therefore be it

RESOLVED, that the town does hereby move to solicit bids for mowing at the Sherman’s property weekly from May 1st to August 30 and then biweekly from September 1st to October 11th and monthly at the North Bush cemetery across the street from the church and BE IT FURTHER RESOLVED, that the ad shall run in the Leader Herald newspaper with bids being returned by close of business on March 12, 2019. The bids will be opened at the monthly town meeting.

Seconded by Council Member Long

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

Supervisor Selmser asked if there were any comments or discussion on the correspondence. Hearing none the meeting continued.

Correspondence:

Workers Compensation 4th quarter report

Transfer Station Holiday Hours closed 2/18 open Tues. 2/19 8 – noon

Board of Elections Tentative Dates for 2019

ADKAction regarding the application of road salt

2018 County Accounting procedure (Clerk verified receipt) bookkeeper verified?

Southern Tier West Local Gov. Conference 5/9 2019 Salamanca NY wants sponsorship

Mildred Busch re: Sherman’s Give it back or take an offer to keep it on the tax rolls

Funding Announcement- Office of Community Renewal Housing by 4/1 @4 pm http:/ /www.nyshcr.org/funding/OCRStateHousingResources/2018/

Adirondack Park Local Gov. Day 4/3 & 4/4

Supervisor Selmser asked about a resolution to accept the minutes. Council Member Glenn made a motion, Council Member Long wanted to table this and countered to accept just the January minutes.

RESOLUTION #2019-027 to approve the Town Clerks minutes was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board on Wednesday February 13, 2019 held at town hall.

WHEREAS, the Town clerk has submitted to the board minutes from monthly board meetings and work sessions from July of 2018 until January of 2019, now therefore be it

RESOLVED, that the town board does hereby move to accept the clerk’s minutes from July of 2018 to January of 2019.

Seconded by Council Member Manning

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

Council Member Glenn made a motion to pay the bills as presented for audit. Council Member Kirch second the motion. All board members were in favor of the motion.

At 8:24 pm Supervisor Selmser made a motion to enter into an executive session with the Town Attorney for contract issues. Council Member Long seconded the motion. All board members were in favor of the motion.

At 9:23 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.

There were no decisions to record as a result of the executive session.

Council Member Kirch made a motion to adjourn, Council Members Long and Glenn seconded the motion. All board members were in favor of the motion.

Submitted,

Linda M. Gilbert, RMC, CMC

Caroga Town Clerk

General #’s 32 - 64 $13,727.10

Highway #’s 14 - 28 $ 20,184.63

General Park #’s 0 – 0 $0.00

Prepaid #’s 11 – 44 $178,378.40

Copyright © James McMartin Long 2017–2021