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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 April 10, 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, and Don Travis – building maintenance. There were about 33 members of the public in attendance.

Supervisor Selmser opened the meeting at 7 pm by asking for the roll to be called. The salute to the flag followed.

Public Speaking – Beth Morris noted there was an article in the newspaper recently regarding Sherman’s. She asked where the board stands right now as far as Sherman’s goes. Supervisor Selmser stated there is not much of a change. The board has been in discussion with the town attorney. He stated he was looking for one document that they do not have this will hold up any action of the board. When they get the document they may call a special meeting. Supervisor Selmser stated we still could receive other proposals. Any decisions will be in a public forum. Any board decision will be put to a voter referendum. Council Member Manning stated there will be public hearings. The Board of Elections needs a certain number of days’ notice prior to a vote.

Supervisor Selmser noted there is still some open discussion for other proposals.

It was stated that the town attorney doesn’t feel it is necessary to go out to bid. Mrs. Morris spoke to an attorney who has interpreted a need to have a bidding process.

Christine Chrzanowski asked how many proposals the board had. A total of 3 was the response.

Council Member Manning stated the other proposal was discussed in executive session at the last meeting. The discussion was tabled because the buyer would not be willing to meet with the town to make a public presentation until he was offered the sale.

John Lawrence asked if he could have a forum on his proposal. He hasn’t had an opportunity to meet with the board. Supervisor Selmser stated the door was open. Council Member Long would meet with him if he has gotten around some of the problems of his last offer. “There were significant problems.” Mr. Lawrence asked for a list of the problems.

Shirley Holliday had a concern with the wording of the notices she has received from the CAC.

Lynne Delesky - Supervisor Selmser noted the day picked for town wide cleanup is I love My Park Day in New York State. The Highway cleanup program will be on Saturday May 4th. People interested in participating will meet at town hall between 8 – 9 am for instructions. Safety vests, garbage bags, & pickers, will be distributed.

If you are tired after the roadside cleanup the North Bush Methodist Church is having a chicken & biscuits dinner.

Department Reports:

Assessor– report submitted 4/9/19 – she is doing regular work and getting the final roll ready for 2019.

BTI – Lynne Delesky reported for her husband that the guys have been out. They have checked and treated 100 streams. They have put in 150 work hours.

Clerk/Tax Collector/Registrar – A monthly report was submitted. I would like to attend the Town Clerk’s Assoc. annual meeting in May. I am asking that reports and bills be submitted to me to work on in the week prior to the May meeting.

RESOLUTION #2019-028 to authorize the Town Clerk to attend NYSTCA Conference was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday April 10, 2019 at town hall.

WHEREAS, the New York State Town Clerk’s Association will hold their annual conference in Syracuse, NY this year, and

WHEREAS, the Town Clerk has served on the board for the past 17 years, and

WHEREAS, the Clerk desires to attend this worthwhile training opportunity, now therefore be it

RESOLVED, that the Town Clerk is authorized to attend the conference with meals and mileage expenditures coming from account A1410.4.

Seconded by Council Member Glenn

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

The clerk handed out to the board members the booklet “Your Right to Know” from the Committee on Open Government.

Tax Collection Report – I will balance with the County Treasurer tomorrow morning. Paid YTD is $2,653,428.80. Unpaid is $540,502.82 these numbers are comparable to last year.

Code Enforcement & Sanitation – report submitted by Mr. Duesler. Weather has slowed the start of the building season. At this time a software upgrade or change is on hold. Supervisor Selmser noted the need to make a resolution to bring the assistant code officer back in. Supervisor Selmser showed the board resolution # 83 from last year dated July 11th.

RESOLUTION 2019-029 to bring back the assistant code officer was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday April 10, 2019 at town hall.

WHEREAS, the Code Enforcement Officer John Duesler did submit a request last month to have the board reinstate the assistant code officer position again this year, and

WHEREAS, the town board discussed the dates and rate of pay, now therefore be it

RESOLVED, that the Caroga Town Board hereby moves to hire Tor Shekerjian as the assistant code officer on a temporary basis to work from May 6th to September 16, 2019 for 3 – 6 hours per day up to 20 hours per week at a rate of $20.00 per hour.

Seconded by Council Member Kirch

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

Dog Control – The clerk noted there are 9 delinquent renewals from last year and one from this year. Supervisor Selmser will have a discussion with the Dog Control Officer.

Golf Course – Mr. Jennings hopes to open the course on April 24th. Most of the work right now is inside. He is fixing a few pipes that broke. Supervisor Selmser met with Mr. Jennings today on his contact.

RESOLUTION 2019-030 to Contract with Steve Jennings as the Golf Course manager, Greens Keeper and Golf Professional was offered by Supervisor Selmser at the regular monthly meeting of the Caroga Town Board held on Wednesday April 10, 2019 at town hall.

WHEREAS, the Town Supervisor and Mr. Jennings met earlier in the day and reviewed and signed a contract, now therefore be it RESOLVED that the Caroga town board does hereby move to accept the signed agreement as follows:

This Agreement made the day of April 10, 2019 by and between the Town and Stephen Jennings:

WHEREAS, The Town of Caroga, a duly incorporated municipality existing in the County of Fulton, New York State owns and operates a golf course, including a pro shop, a summer residential apartment and attendant rooms and buildings, and

WHEREAS, the Town Board of the Town of Caroga (hereinafter the Town) desires to have its municipal golf course professionally managed, its greens and fairways capably maintained and the services of a qualified golf professional available to its customers, and

WHEREAS, Stephen Jennings (hereafter Mr. Jennings) possesses the prerequisite qualifications to perform all the above services, and

WHEREAS, Mr. Jennings desires to enter into an agreement with the Town to act as the Manager of the municipal golf course, its Greens keeper and golf pro, for hire, and

WHEREAS, Mr. Jennings wishes to use the summer residence and space in the attendant real estate to place vending machines, retail golf –related merchandise, and store and rent golf carts,


That, in return for the use of these premises and other good and valuable considerations and compensations, the receipt of which is hereby mutually acknowledged by the parties, who agrees as follows:

1. That the Town agrees to pay Stephen Jennings for his services as Course manager, Greens keeper, and Golf Pro the sum of forty two thousand six hundred sixteen dollars, twenty five cents ($42,616.25) to be paid from January 1, 2019 through December 31, 2019 in twenty-six installments.

2. Stephen Jennings agrees to his employment in this capacity for this amount, paid under these terms, and the other considerations extended to him.

3. Stephen Jennings agrees to keep all necessary licenses and certifications updated and that he will notify the Town Board of any additional instruction or training, the need of which might arise, whether required for his position or as voluntary enhancement to it.

4. The Town agrees to pay Stephen Jennings New York State retirement contribution and family health insurance coverage, the carrier of which is at the town’s discretion.

5. The Town will allow Stephen Jennings the use of the residential apartment above the pro shop during the tenure of this agreement for himself only. Other family use will be allowed on a rental fee to be determined by the Town of Caroga.

6. The town agrees to allocate to Stephen Jennings the space in and around the clubhouse for vending machines, the storage and maintenance of golf carts and the display of retail golf-related items.

7. Mr. Jennings agrees to provide the Town Supervisor with a copy of his comprehensive Liability Insurance policy, naming the Town as additional insured.

8. Mr. Jennings agrees to provide the Town Board with a list of proposed new hires each year, to become Town employees, when applicable.

9. Mr. Jennings agrees to execute his duties as course manager, Greens keeper, and resident golf pro in a capable and professional manner; those duties shall include, but are not limited to:

a. the sale of memberships and tickets (supplied by the Town), a report of memberships will be summarized at the end of each month and copies given to Supervisor and Golf Course Committee members.

b. to record said memberships and any tournaments that record to be broken down into the number of members and non-members playing.

c. to record all locker rentals

d. to make available a starter, when required

e. to give a minimum of two seminars for students at the Wheelerville School each spring. The Supervisor is to be notified of the date and time of the golf seminars.

f. to submit a weekly sales reconciliation form to the supervisor, the form to be supplied by the Town of Caroga. The weekly sale reconciliation form shall also have the Year to Date sale information and prior year comparison.

g. to provide and maintain a non-member log of players. A register of cash tickets and sales

(Log Book) will be maintained daily and reviewed with the Golf Course Committee Monthly.

10. The Town agrees to provide maintenance and custodial services to the course.

11. The town assumes no liability, nor responsibility for the condition of or potential damage to the golf carts.

12. Any and all existing or future concessions are the responsibility of Mr. Jennings with the prior approval of the Town Board.

13. Conditions identified by insurance inspector needed correction action must be done within 7 days of notification.

14. Required Department Monthly Updated to the Town Board forms will be submitted to the town clerk before monthly town board meetings.

Seconded by Council Member Glenn

Discussion: on the terms of usage of the apartment over the pro shop

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

Highway – Mr. Putman questioned the broken pipes at the golf shop and attributed it to a problem with draining the pipes for the winter. Council Member Long responded that it was a cold solder joint problem.

Mr. Putman has posted the town roads with a 5 ton maximum. He noted that this year letters were sent out to people who plowed snow across the roadways. Mr. Putman stated the John Deere loader will be stored at the same place as last year for use at the stump dump.

Mr. Putman stated he has given the board paperwork – plans and prices for the salt shed. He heard that the board wants him to work on a grant. Mr. Putman stated the money is not his responsibility. Council Member Manning stated the board would all work on the grant. Supervisor Selmser asked questions of Fulton County Planning who is putting other grants together. Supervisor Selmser noted at the May 18th 2018 meeting that more prep work was needed – a site plan was thought to be needed before work could be done this year. The board discussed having a survey done. Supervisor Selmser noted the county could submit the grant. Council Member Manning thought distances from residential wells and water sources should be identifies. Former Council Member Palcovic noted a survey was done for the alienation. The board will double check what is needed with the county. It was noted and thought that the SEQR process would have to be completed.

Mr. Putman wants to know if the project is in a hamlet environmentally it is important to know.

The highway department received a DEC violation notice on four of their tanks. They were not sited two years ago –things did not change. Mr. Putman will make the necessary corrections within 30 days. The fuel & diesel tanks need numbers. The inside tank with waste oil needed a gauge. There is a $37,500.00 fine per day per violation over 30 days. Documentation on inspections are also being requested.

Mr. Putman found the county 10 wheel recycling truck on the posted roads. It busted up Garlock Road. A notice was sent to them asking if they were going to fix the road. When we damaged the gate at the transfer station and had to replace it. The damage was estimated to be about $3,000.00. They have been requested to keep the 10 wheeler off our roads.

The supplier for paving material - Callanan is closing their local plant. Mr. Putman noted he is unsure if the town will received the CHIPS money for winter recovery. Supervisor Selmser thought the town would still get the same amount but not until late December. He will keep moving forward with work to get roads paved. He agrees the south shore roads are a disaster. Mr. Putman was concerned that the town is planning a sewer system and perhaps having newly resurfaced roads torn up. He wants to be realistic about this. He doesn’t want to waste money. Council Member Manning stated those roads are not in the initial phase being discussed. It was thought that the project was 5 years out. He wanted to know specifically what roads are in the targeted area. Council Member Kirch offered to show Mr. Putman the maps.

Supervisor Selmser noted the grant being submitted is only for technical information and design.

Council Member Glenn brought up fixing drainage problems on the roads to be paved. Mr. Putman was met with some negativity from some property owners. He stated the rights of ways are all drawn in with Alder trees. The property owners don’t want to reopen them. Mr. Putman talked to the county soils and waters department who could go out and open the areas. Council Member Glenn suggested sending out letters to the property owners with drainage problem areas that the highway department needs to work on. Mr. Putman noted trees coming up through the road that the plow has to be lifted for. This is a 2 – 3 year project.

Justice Subik asked when the box culvert was going to be restored on Nick Stock Road. Mr. Putman has the blue prints. It will be a solid deck like Mussey Road.

Tomorrow all of the men are going to MSHA (Mine Safety and Health Administration) training. Everyone who drives into the mines – Carver, Cranesville etc. must attend training and be certified.

Lakes Management Program – Council Member Glenn stated we are waiting for the grant application to come back. (approved) Council Member Long stated they are canvasing candidates for supervision by the stewards… looking for stewards for the West Lake boat launch, and boat wash station. Supervisor Selmser heard at the local government day seminar that the state had passed funding for invasive species program. “It looks good.” The clerk asked when the boat wash station was going to open. Council Member Long will check.

Town Hall Building – Mr. Travis noted the furnace will be worked on tomorrow due to a recall. The unit was just replaced. Supervisor Selmser has contacted Adirondack Mechanical about a heat mover for the building.

Youth – Council Member Manning reported the director would be at next months meeting to give an update of the summer plans – field trips, scheduling and dates. He didn’t know why there was a problem with the water testing. Supervisor Selmser stated we are working through it. The town received a violation. The disability and workman’s comp paperwork is in her box. The clerk noted the UV system will be serviced in July this year so the paperwork is available during summer recreation.

Historian – No report

Supervisor’s Report: The supervisor provided the board members with financial reports.

The bookkeeper will attend the annual finance school in Saratoga on May 9 & 10. The fee will be paid by the Town of Oppenheim where she also works. The Town of Caroga will cover the mileage.

RESOLUTION #2019-031 to approve Joanne Young to attend 19th Annual Finance School was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on Wednesday April 10, 2019 at town hall.

WHEREAS, the town was notified that the Office of the New York State Comptroller, in cooperation with the Association of Towns of the State of New York, will be holding two Town Finance Schools in May 2019 and,

WHEREAS, the bookkeeper Joanne Young will be attending the annual finance school for the Town of Oppenheim, and

WHEREAS, the bookkeeper has requested reimbursement for mileage to the schooling, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to cover the traveling expenses.

Seconded by Council Member Long

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

Old Business: Supervisor Selmser noted a problem with the water at the highway garage. Two samples have been submitted. No results are back yet.

Supervisor Selmser gave the board members a quote and test results for Land Fill Post Closure Monitoring from CT Male. The work would be done in 2019. The cost will be $9,811.00. The budget line item has $9,000.00. the costs may be carried over to next year. The intent is to submit a request later in the year to ask for a reduction in testing requirements. We have been testing for 20 +years with no major issues.

RESOLUTION #2019-032 to accept the quote from CT Male was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday April 10, 2019 at town hall.

WHEREAS. The town received correspondence from CT Male Associates 50 Century Hill Drive Latham NY 12110 dated April 5, 2019 showing the results of the post-closure groundwater monitoring, explosive gas monitoring and landfill inspection events conducted during the 4th quarter of 2018 for the Town of Caroga landfill, now therefore be it

RESOLVED, that the Caroga Town Board hereby moves to accept the Technical Services Change Order dated April 9, 2019 from CT Male for $9811.00 to perform landfill monitoring services for the calendar year 2019 for the Caroga Lake landfill located on Lane Road in accordance with the proposal submitted.

Seconded by Council Member Kirch

Council Member Glenn asked if this went on forever. Supervisor Selmser noted there was a gap in the testing but hopes in the future less testing will be required. There was a 20 year schedule with so many tests per year.

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

Supervisor Selmser noted at the conference he recently attended there was information on state water grants. The meeting is May 20th from 12:30 to 3 pm in Elizabethtown NY. Council Member Long wanted to attend.

RESOLUTION 2019-033 for Council Member Long to attend a conference in Elizabethtown NY was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday April 10, 2019 at town hall.

WHEREAS, Supervisor Selmser discussed with the board an upcoming meeting sponsored by NYS Environmental Facilities Corporation at the Essex County offices on May 20th 2019 from 12:30 to 3 pm, now therefore be it

RESOLVED, that Council Member Long is authorized to attend.

Discussion: Council Member Glenn asked if there was a cost – just travel was stated by the supervisor.

Seconded by Council Member Glenn

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

Supervisor Selmser stated the town will need to go out to bond on the new plow truck that is on order. The cost of the truck is $159,000.00. The supervisor met with a representative of NBT Bank on Tuesday morning. There are a couple possibilities, “you could lease it, or there is a short term borrowing that you could do for one year.” The town could do a statutory institutional bond. The term is up to 5 years. The present rate quoted by NBT is 3.25%. The supervisor is recommending the town do that for a three year period. To borrow on $110,000.00 the interest would be $7,150.00 over a three year period. The supervisor will reach out to one other lender. The attorney would need to put a bond resolution together.

NY Power Authority – the supervisor reached out to them after the last meeting in March. He last heard back from them on March 18th. He wanted to discuss LED lighting inside the highway garage. He will reach out to them again.

New Business: The Caroga Transfer Station Summer Hours began April 1st. They are open Mon. & Fri. 8 – 4, Wed 4 – 8 pm Sat 8 – 12.

Council Member Kirch discussed the local business booklet published last year. He has been working on a publication for this year. The booklet promotes Caroga as a recreational place to be in the summer. Each business pays $150 to be part of the campaign. Council Member Kirch asked the board show their support to the businesses by funding one page.

RESOLUTION 2019-034 to support a booklet to promote the Town of Caroga was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held on Wednesday April 10, 2019 at town hall.

WHEREAS, Council Member Kirch has been meeting with 20 businesses to create a business plan for this summer to bring more people into town, and

WHEREAS, a booklet will be created and distributed, now therefore be it RESOLVED, that the Caroga town board hereby supports the project and does hereby move to spend up to $150.00 to develop the front cover of the booklet to welcome people to the Town of Caroga.

Seconded by Council Member Long

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

Supervisor Selmser has received a property use request for the Sherman’s Property for June 27th 2020 for another wedding. Council Member Glenn asked if they had to provide insurance. The supervisor stated they would like everyone else. The rental fee was discussed.

The newly reprinted hiking guides are available from the clerk’s office.


BAR Training Notification it will be held on May 9, 2019
Workers Compensation 1st Quarter Assessment report
Notice of Adirondack Appalachian Medical Services Public Hearing 4/9
Douglas Kerr: re CMC – Supervisor Selmser had a long conversation with him. Council Member Manning spoke with him also.
Eric Manning: re CMC
FCC deadline 4/15 to adopt a policy for small cell facilities (aesthetics) per Assoc. of Towns

Council Member Long made a motion to pay the bills as presented for audit, seconded by Council Member Kirch.

The clerk received an email dated April 10th @ 3:18 pm request from Jennifer Phillips of the Eccentric Club. They thanked the town for their past donation of golf for 4 with a cart for their Gala’s silent Auction and asked the board to consider a donation again. They do hold a yearly tournament at the Nick Stoner Golf Course.

RESOLUTION #2019-035 to donate to the Eccentric Club Gala Event was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday April 10, 2019 at town hall.

WHEREAS, the town received a correspondence from Jennifer Phillips who is the Gala Chair for the Eccentrics Club in Gloversville NY who asked for a donation of green fees for four people for an upcoming fund raising event, and

WHEREAS, the Club has held an annual tournament at the Nick Stoner Municipal Golf Course for many years, and

WHEREAS, Mr. Jennings would donated 2 golf carts making a package for the successful bidder, now therefore be it RESOLVED, that the Caroga Town Board does hereby move to donated greens fees for four people at the Nick Stoner Municipal Golf Course to the Eccentrics Club 109 North Main Street Gloversville NY.

Seconded by Council Member Glenn

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

At 8:08 pm Council Member Long made a motion to adjourn. Seconded by Council Member Manning All board members were in favor of the motion.


Linda M. Gilbert, RMC, CMC

Town Clerk

General #’s 98 - 121 - $15,554.18

Highway #’s 42-55 - $15,112.67

General Park #’s 1 – 4 - $228.27

Prepaid #’s 74 – 98 - $73,842.23

Copyright © James McMartin Long 2017–2021