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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 June 12, 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 Town Attorney Greg Dunn. There were 56 members of the public in attendance.

Supervisor Selmser opened the meeting with the pledge to the flag. After the pledge a moment of silence was held for Howard Sherman. The supervisor noted that Mr. Sherman’s daughter was here tonight and that a memorial service will be held on Sunday July 27th at 10 am at the Caroga Chapel. Mr. Sherman did things involving the weed program, boater education, and was a craftsman and built the bookcases in the justice court.

Public Comments: Walter Hogan asked if there would be information on the change in the traffic pattern on East Shore Road. Mr. Putman will cover that during the meeting. Mr. Hogan received a letter about plowing snow across the road. He thought the letter could have been friendlier and more nicely worded. He stated he did not have snow plowed across the road.

Shirley Holliday of the Nick Stoner Seniors informed the board that the refrigerator in the meeting room was not working properly. She contacted Rick Ruby and he donated a refrigerator. (Applause)

Trish Isabella – commented on the amount of sediment in the lake near the Outlet Restaurant. The owner of the restaurant is concerned also. She asked who could be contacted to clean this area out. Council Member Manning stated DEC should be contacted. Gene Centi may also have information for her.

Mark Lane stated he is running for highway superintendent. He stated he has 30 years of experience in road construction. He wanted people to know there is another option out there this year. (Applause)

Linda Gilbert commented on the current zoning ordinance. In part the purpose of the ordinance is to protect and enhance property and for the aesthetics our community. The ordinance went into effect on January1st. Temporary signs including political signs cannot be displayed for more than 14 calendar days. Such signs must be removed within one day of the close of the event. I am not against political signs and will be using them myself in a couple of years. The Planning Board spent a lot of time and effort on the ordinance. I have discussed this issue with the code officer. I don’t want to look at these signs for the next four months. They have to all be removed by June 27th. The board may amend the ordinance through a public hearing. Supervisor Selmser stated they can be a bit of an eyesore at times. He hopes everyone abides by…

Scott Horton stated he was at a Planning Board meeting a couple of months ago and James Long was the secretary. He investigated and found that Council Member Long is also the clerk and secretary regularly for the Zoning Board of Appeals, the Planning Board and for the Board of Assessment Review. He wondered if anyone checked with the Association of Towns to see if that is incompatible with his elected office. He understands he is doing it with the best of intentions – trying to save the town some money. He stated it is not proper.

Barbara Lee asked what section of town law does not permit that. Mr. Horton could not site the section. Council Member Kirch said it would be looked into.

John Livingston stated he has submitted a FOIL request for the attorney bills for the last 8-9 months. He asked what the resolution states as the hourly rate of the attorney. Supervisor Selmser responded the rate is $250.00 per hour. He stated the town has been paying $300.00 per hour and someone has been signing the check for it. The supervisor stated he did not check the rate per hour. He trusted the attorney to bill correctly. Mr. Livingston asked where the checks and balances were. Supervisor Selmser stated all of the board members approve the payments before any checks are written.

Barbara Lee asked what the board was looking at. Supervisor Selmser responded it was a standard bill. She asked if was open to public knowledge. It was requested through the Freedom of Information Law (FOIL.)

At 7:14 pm the public session of the meeting was closed.

Assessor’s Report - On Grievance day 3 properties were aggrieved and the amount of adjustment was extremely low. The Office of Real Property Tax Service set the equalization rate the same as last year at 61%.

BTI – Lynne Delesky reported for her husband John Delesky BTI Coordinator -that last year they used 47 gallons for the program. So far this year they have used 50 gallons. It is a weather year. The smaller streams are not drying out. This spring they could not get to some of the smaller streams through the snow and ice. They hope to get the 2nd & 3rd hatchings. There will be a meeting at DEC on June 10th regarding some changes in training to comply with federal and state rules. That will mean more training for all of the applicators.

Town Clerk – submitted the monthly (May) report to the board. The tax books need to be reviewed by the board so far only one person has reviewed them. The board signed two cards for residents who do mowing and plant flowers for the town. Historically in May of 1952 the town paid $195.20 to Niagara Mohawk for street lighting in April 2019 the town paid $3076.06. The supervisor wondered how many lights there were in 1952.

Code – Mr. Duesler generated a report with 2 pages of building permits. Total valuation of construction is $145,460.00 and money received for permits was $1,425.00. He is constantly busy. Council Member Kirch noted a year ago the town took steps to provide additional resources to the code office. In his report Mr. Duesler stated blight is being addressed with very good results. Mr. Duesler recounted to Council Member Kirch the properties he was referring to and those were the properties the council member has noticed improvements on. He is proud of what they have been able to accomplish.

Supervisor Selmser had a conversation with the Assessor, her contract for service will be up in September. He asked her to give him a list of things she so desires to continue working for the town or give us notice if she so desires not to continue working for the town.

Dog Control – Mr. Dutcher notified the clerk that he had 11 calls for the month and responded to one dog bite situation.

Golf Course – no report from Mr. Jennings, Supervisor Selmser gave a summary on the year to date totals. We are up 3 memberships and up YTD revenues $67,614.00 compared to last year at this time when it was $63,156.00.

The town received a letter from Mary M. Peg Simone asking for a refund of her golf membership as she is leaving to live in TN to be closer to family. She has not golfed at all this year.

RESOLUTION #2019-050 to reimburse golf membership for Peg Simone was offered by Council Member Glenn at the regular monthly Town Board meeting held on June 12, 2019 at Town Hall.

WHEREAS, the Town received a letter dated May 6, 2019 form Mary M. Peg Simone of 13 McKinley Ave. Johnstown NY 12095 asking that the town refund her 2019 membership as she has sold here house and is moving to Tennessee, and

WHEREAS, Peg Simone paid for a senior membership at the Nick Stoner Municipal Golf Course for $425.00, now therefore be it

RESOLVED, that the Caroga Town board does hereby move to refund the 2019 golf membership of Mary (Peg) Simone.

Seconded by Council Member Kirch

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

Highway- Mr. Putman invited people call him at 518-835-2835 with any questions they have about letters they receive prior to airing things at a meeting so they are completely informed.

Mr. Putman asked those who rent their properties to inform renters of the proper methods of disposal of curbside garbage. Clear bags, no recyclables in the garbage, no loose garbage in a container.

The fuel tank bulk storage problems have be satisfactorily addressed with NYS DEC per their letter dated May 10, 2019.

Fulton County Weights and Measures tested the highway tanks recently and found them to be right on the money.

East Shore Road change in the traffic pattern will be started on June 24th. He has almost everything ready now. Signs and barriers were ordered and delivered. Both ends will be closed off to incoming traffic. Alternate entrances are Bath, Grove, Chapel and Lakeview. It an attempt to slow up traffic. It is on a trial basis. Laura Nealon asked if traffic can go in either direction. Mr. Putman responded it could. She asked if temporary speed bumps could be used. Mr. Putman responded that in a class he attended at the state level the attorneys advised against using speed bumps. You can use ripple like what is in use by the roundabout.

Supervisor Selmser stated it would only go through summer till the end of September. Mr. Putman responded Labor Day.

Lakes Management – Council Member Long stated we still have not received official notification of a grant for stewards, boat wash station and the West Lake Boat Launch. He is confident the town will receive it. As for the constriction on the outlet channel he would call East Caroga Lake a productive lake. There is dead organic matter that will clog up that channel every time. The rate that happens is based on the proportionate rate we put in phosphorus into the lakes.

Council Member Glenn noted at the last meeting John Olm was hired temporarily. He has had an opportunity to meet with him and members of the lakes management committee and recommended he be hired permanently.

RESOLUTION #2019-051 to hire John Olm as the permanent supervisor of the Lakes Stewards and Boat Wash Stewards was offered by Council Member Long at the regular monthly Town Board meeting held on June 12, 2019 at Town Hall.

WHEREAS, the Town Board hired John Olm on a temporary basis at the May 8, 2019 Town Board meeting, and

WHEREAS, the Lakes Management Committee met with Mr. Olm recently, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to hire John Old for the remainder of the year as the Lakes Management and Boat Wash Stewards Supervisor.

Seconded by Council Member Glenn

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

Gene Centi stated he would contact DEC about the problem mentioned on East Caroga. He did contact them about a year and a half ago. He did not think they would give a permit to do dredging. He noted the outlet is becoming very challenging to get through with a boat. He noted there were all native weeds in their now.

Mr. Centi reminded property owners that they cannot put sand in the lake. The only thing DEC allows being put into the lake for a beach area is pea gravel and you have to get a permit. He was talking to someone last week who had sand/dirt delivered to their house and now they the weed horsetails growing all over.

For the safety of the divers. Please observe the buoys with flags on them around the boat indicating that a diver is down in the water. Please stay 50 feet away. Please do not create a wake near the boat. In addition to the flags there are green and pink swimming noodles with reflective material on it marking areas where they will be working.

They have had some setbacks, a piece of equipment was lost in the lake - it was recovered. Mr. Centi reported we are fortunate the ice went off the lake so late. Some of the plants are still young. Mr. Centi asked about the DEC steward at the campground and West Lake. Council Member Long stated they are supposed to be full-time. They report to Paul Smiths. The steward at the campground was not there – he had taken a couple of days off. Kevin Kennedy and Jim Wallace work at the campground.

Marylou Patterson of the ECLPA noted a couple of years ago they needed to get material out of the lake, they did get a permit it was an involved process and the permit was good for 5 years.

Youth – Supervisor Selmser noted a water test was done and submitted to the Dept. of Health. Council Member Manning noted the program will run July 8 – August 16th. There are about 50 kids signed up so far. There will be a staff meeting and orientation on Saturday. The director is working on new requirements from the state to have proof that staff and campers have their measles vaccination records submitted to her.

Historian – Richard Nilsen stated that he wrote an open letter to the board (on Facebook) but he didn’t know if that was appropriate.

Town Hall – Mr. Travis stated that yesterday Suburban Propane put in the new tank. He made sure they did not run over the leach field with their trucks. The leak in the ceiling outside the meeting room door is from the heating system. Supervisor Selmser noted there was a problem with the vacuum cleaner. The supervisor loaned one to the town to use. Council Member Long has been researching what to purchase. Mr. Travis noted this was his last report he is leaving on July 4th – retiring. (Applause)

Supervisor - Supervisor Selmser met with Bill VanGorder to review insurance. NYMIR the company he works with can provide necessary training for the town. It may be a joint venture with other towns. Everyone who works or volunteers for the town must have the training.

Supervisor Selmser reported that all of the necessary insurance paperwork has been provided by the Farmers Market group.

The board members and clerk received financial reports for the month. Included were General expense, revenue reports, and balance sheets stating cash positions and liabilities. As of the end of May the town has $1,291,657.00 compared to the same time last year was $977,212.00. In the highway area present balance is $621,750.00 vs $737,178.00 last year. This information is available to anyone he noted. The fund balance was revised based on actual information at the end of the year. All board members were informed. At the end of December the fund balance was $1,189,000.00 vs $1,053,000.00 the prior year. In highway $307 vs $300 for the prior year. The supervisor stated budget time will begin soon.

The bookkeeper desire to attend another training session. It will be October 1 – 3 in Malta and is being put on the NYS Comptroller’s Office. The fee is $85.00.

RESOLUTION #2019-052 to authorize the bookkeeper to attend training was offered by Council Member Long at the regular monthly Town Board meeting held on June 12, 2019 at Town Hall.

WHEREAS, the Bookkeeper Joanne Young informed the Supervisor of an upcoming training sponsored by the Comptroller’s Office that she would like to attend on October 1 – 3 in Malta NY with a registration cost of $85.00, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to have the bookkeeper attend the training and that the town will pay the registration fee of $85.00.

Seconded by Council Member Manning

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

Old Business – The town received a quote from Appolo Heating for the repair of boiler #3. The cost to replace the boiler would be $7,800.00

RESOLUTION #2019-053 to authorize payment to Appolo Heating was offered by Council Member Long at the regular monthly Town Board meeting held on June 12, 2019 at Town Hall.

WHEREAS, Mr. Travis notified the board of a mechanical problem with boiler #3 several weeks ago, and

WHEREAS, Appolo Heating of 868 Burdeck St, Schenectady, NY 12306 was contacted about the boiler problem and did respond back with a quote to repair the boiler, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to spend $2670.00 to replace the heat exchanger part and labor for the #3 boiler.

Seconded by Council Member Manning

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

Council Member Manning submitted a grant for the Wheelerville Trail on Thursday. He noted no town money is being spent. He requested $64,367.56. He included an in kind match of $12,313.44 that comes from 3 people giving him a commitment of 24 hours a week – 8 hours per week per person. He used a rate of $30.00 per hour which is the volunteer rate you can get. The work period would begin in June of 2020 and go until the end of August. Work would resume June of 2021. There would be people working under the direction of the trail crew leader. He anticipates finding out if the town was successful in getting the grant early fall.

Council Member Kirch talked about a resolution for the fire department at the last meeting. The purpose of the resolution is that the IRS requires the bank that is loaning them the money to get a resolution from the town board as well as Bleecker’s Town Board to say we support the fire department in them obtaining this loan. This gives the bank a tax exempt status for the loan which in turn allows the bank to charge the fire department a lower interest rate. The fire department had to hold a public hearing which they did. The town was supplied with the minutes of the meeting. Council Member Kirch read the following resolution.

RESOLUTION #2019-054 Approving as to form, Issuance of a tax exempt note by the Caroga Lake Volunteer Fire Company, Inc. to the Bank of Green County in the maximum principal amount of one million, two hundred thousand ($1,200,000.00) dollars to finance the construction of a new station, at a regular meeting of the Town Board of the Town of Caroga, Fulton County, New York, which was convened in public session at the Town’s offices located at State Highway 10, Caroga Lake, New York, on Wednesday, June 12, 2019 at 7 p.m., local time.

The meeting was called to order by Supervisor Selmser, and upon roll being called, the following were:

PRESENT: Supervisor James Selmser

Council Member Glenn

Council Member Manning

Council Member Long

Council Member Kirch

ABSENT:

The following resolution was offered by Councilman Kirch and seconded by Councilman Long to wit:

WHEREAS, the Caroga Lake Volunteer Fire Company, Inc. (the “Fire Department”), a New York not-for-profit corporation, provides firefighting services within the jurisdiction of the Town of Caroga, New York

WHEREAS, the Fire Company is seeking to obtain a loan from The Bank of Greene County by the issuance of one or more notes on a tax exempt basis in an aggregate amount not to exceed One Million, Two Hundred Thousand (1,200,000.00) Dollars (the “Note”) to finance the construction of a new station for the Fire Company, to be issued as an obligation the interest on which will be excluded from gross income for federal income tax purposes pursuant to Section 150(e) of the Internal Revenue Code of 1986, as amended (the “Code”); and

WHEREAS, pursuant to Section 147(f) of the Code, interest on the Note will not be excluded from gross income for federal income tax purposes unless the issuance of the Note by the Fire Company shall be approved by the Town Board after the President or Treasurer of the Fire Department has conducted a public hearing thereon following reasonable public notice; and

WHEREAS, that on May 30, 2019 at 7p.m. at the Firehouse located in the Town of Caroga, the Fire Company held a public hearing to consider the approval of the Note, after public notice given in accordance with the Code, and a transcript or summary report has been made available to each member of the Town Board prior to this meeting; and

NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS:

For the sole purpose of qualifying the interest payable on the Note for exclusion from gross income pursuant to the provisions of Section 150(e) of the Code, the Town Board hereby approves as to form, the issuance of the Note by the Fire Company in a principal amount estimated not to exceed One Million, Two Hundred Thousand (1,200,000.00) Dollars, provided that the Note shall be an obligation of the Fire Company and not of the Town. The Town is not a party to the transaction and has no obligations with the execution of the note by the Fire Company with the Bank of Greene County.

THE NOTE SHALL NOT BE A DEBT OF THE STATE OF NEW YORK OR THE TOWN OF CAROGA, NEW YORK, AND NEITHER THE STATE OF NEW YORK NOR THE TOWN OF CAROGA, NEW YORK, SHALL BE LIABLE THEREON.

This Resolution shall take effect immediately.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Selmser - Aye

Council Member - Aye

Council Member - Aye

Council Member - Aye

Council Member - Aye

The Resolution was thereupon declared duly adopted by certificate of the recording officer.

Supervisor Selmser noted at previous meetings the board talked about the salt/sand storage shed. The survey was done back in 2007. It should be redone and revised to make sure it is current. The board received three quotes: Northeast Land Surveyors PO Box 2140 Malta NY 12020 previously did the survey submitted a quote of $4,650.00. The scope of service and federal prevailing wage brings the total to $5800.00. Charles Ackerbauer 90 Briggs St. Johnstown NY 12095 submitted a quote of $1,450.00. Ferguson & Foss professional Surveyors 5 West Main St. Johnstown NY 12095 submitted a quote of $1,200.00. We need the revised survey.

RESOLUTION #2019-055 to appoint Ferguson & Foss to resurvey that parcel for an amount not to exceed $1,200.00 was offered by Council Member Long at the regular monthly Town Board meeting held on June 12, 2019 at Town Hall.

WHEREAS, the Caroga Town Board discussed the need to have the proposed site of a salt/sand storage facility surveyed because the last time it was done was in 2007, and

WHEREAS, the board received three quotes for services to survey parcel # 68.-1-27 Northeast Land Surveyors PO Box 2140 Malta NY 12020 - $4,650.00. The scope of service and federal prevailing wage brings the total to $5800.00. Charles Ackerbauer 90 Briggs St. Johnstown NY 12095 - $1,450.00. Ferguson & Foss Professional Surveyors 5 West Main St. Johnstown NY 12095 - $1,200.00, now therefore be it

RESOLVED, that the Caroga Town board does hereby move to hire Ferguson & Foss of 5 West Main St. Johnstown NY 12095 at a price not to exceed $1,200.00 for the purpose of submittal of an application for a grant.

Seconded by Council Member Manning

Discussion: the Highway Superintendent noted copies of plans were in the clerks’ office. Council Member Manning stated the town would need some bids before it can be submitted. This is some preliminary work.

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

Old Business – Supervisor Selmser stated there is a proposal Council Member Long would like to submit regarding property proposal of the sale of Sherman’s. Council Member Long presented the following:

Resolution #2019-056 to enter into a Property Sale Contract for the sale of Sherman’s Amusement Park Property to the Caroga Arts Collective Inc., to submit said Resolution and/or Property Sale Contract to referendum vote without the requirement that a petition be filed pursuant to Town Law and authorizing the Attorney(s) for the Town to order title and tax updates and/or searches for said Property was sponsored by Council Member Long at the regular monthly meeting of the Caroga Town Board held on June 12, 2019 at Town hall and was seconded by Council Member Manning.

WHEREAS, after due deliberation the Town of Caroga Town Board desire to enter into and execute a Property Sale Contract for the sale of Sherman’s Amusement Park Property to the Caroga Arts Collective, Inc., which was signed by President of the Caroga Arts Collective, Inc., Richard Ruby, and presented to the Town Board on or about April 9, 2019, with revisions made by the Town Board, along with the Right of First Refusal made part of said Contract;

WHEREAS the Town of Caroga further desires to dispense with the requirement that the qualified electors of the Town file a petition protesting against the Town’s resolution to enter into said revised property Sales Contract and to submit its resolution to referendum vote to be held on Tuesday, August 20, 2019; and,

WHEREAS, Town of Caroga further desires to authorize its Attorney to order title and tax updates and/or searches for the Sherman’s Amusement Park Property,

NOW THEREFORE, be it resolved by the Town Board of the Town of Caroga that: 1) the Town Supervisor is hereby authorized to execute the Property Sale Contract for the sale of Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc., and initial revisions requested by the Town, along with the Right of First Refusal made part of said Contract; 2) that the Town Board shall submit to referendum vote of the qualified electors of the Town for the approval or disapproval of its resolution and/or the revised Property Sale Contract with said referendum vote to be held on Tuesday, August 20, 2019 @ blank a.m./p.m.; and, 3) that the Attorney(s) for the Town are hereby authorized to order title and tax updates and/or searches on the Property.

Discussion: Council Member Glenn stated he had never seen the document. Council Member Manning stated “we all got this yesterday.” Council Member Glenn asked for time to look at this. Supervisor Selmser used the gavel to note the public portion of the meeting is closed. The public continued to murmur and talk among themselves.

Council Member Manning stated if we are going to make any decisions we have to be able to put things to vote. He wanted to vote on one option/idea. If it doesn’t work move on to something else. It is time to make decisions and not drag this out for 2 – 5 years. He thinks this proposal for us is the least amount of risk to the town financially, legally especially. It removes the donation agreement which was the worst decision the town has ever made. This puts the decision in the hands of the voters. He thinks this is something that could positively affect the town from a perspective of quality of life, tourism, recreation. For those reasons it is worth moving forward and seeing what the public thinks about it.

Council Member Long stated that the Caroga Arts collective has promised to make voluntary contribution of town property tax and fire tax. He seconded the points Council Member Manning made. He stated if Balboaa Development Corp. were to exercise their rights under that contract basically we would be forced to build a special sewer district just for them. We can’t afford that. “That would be financially ruinous for this town.” It is urgent we get out from underneath this contract that a previous administration got us into. This is a solution that we think is in the best interest of the town. We are made whole for any expenses we incurred while we owned this property. This is the best we can hope for under the circumstances. (Smattering of applause)

The supervisor used the gavel again stating no public comment. “This has been discussed for four meetings starting back in February.” The attorney has been here numerous times to give the board guidance. We are following through on what we said we were going to do. We want the voters to make that final decision. It is a recommendation but not a final decision. It is up to the taxpayers, the registered voters. The supervisor stated we are not comfortable with the other opportunities.

Council Member Glenn again stated that he had not had an opportunity to review these documents. He wanted an opportunity to do so. Also his take away from the last conversation with the CAC and Mr. Lorence that there was going to be some sort of hybrid proposal to the board to put these two proposals together. He is not prepared to vote positively on this at this point in time.

Council Member Manning stated that Mr. Lorence was supposed to give the board a site control agreement. Mr. Livingston stated he had a correspondence from Mr. Lorence. Council Member Manning told him he was out of order. Council Member Kirch made a resolution that Mr. Livingston leave the meeting right now. (Gavel more talking) Council Member Long seconded the motion. Mr. Livingston brings the correspondence to the board table on his way out of the meeting. (Gavel used.)

Supervisor Selmser stated John Lorence had opportunities. He made his presentation over two years ago. He is a professional he knows what we would need to give site approval. He never supplied that. Time has gone by he didn’t take any action. A document that we need we could have had over a year ago if he was really aggressive and was going to follow through with what he intended to do. We have a choice now and it is going to be up to the citizens to vote on.

Council Member Kirch stated he has been quiet about this whole Sherman’s thing because he wanted to listen. He stated we did have two meetings with almost 5 hours of meetings where everyone had an opportunity to comment about the situation. He appreciated everyone who made comments and shared their thoughts. It is not an easy decision for anybody. He comes back to three things that cause him to support this proposal. #1 it completely eliminates legal liabilities for this down based on the donation agreement and other things. He talked to George twice about this and there is no doubt he would sue this town if we violated that agreement. (Public interjects) Council Member Kirch asked for order in the back. He then made a resolution for the lady in the back to leave. 2) It is important for the town to get reimburse for all of the costs we’ve had since we acquired the property. This agreement does that. He knows people want more money for it but he looks at it that if we go another route we could get more money but we would probably chew most of it up in legal fees. He stated we have spent around 100K on Morey Road already. 3) It totally gets the whole situation off the town’s back. It eliminates a point of controversy of divisive behavior like we have seen tonight which is not fun for any of us to be in these discussions. He noted the CAC have been the most consistent at the table. He liked that most of the people involved with the group are local residents. He is confident they are going to do the right things with the property. He would not have the same level of comfort with a developer outside the community. He thinks there is huge potential for this community with this group. It will benefit the town in the long run. (Applause)

Tony Toskas asked to speak. The supervisor stated he could briefly. (The public and board members objected) (Gavel in use) Mr. Toskas stated the town will get their say on August 20th so let’s just save it until then. He stated between now and then everyone could speak among themselves and decide individually what we want. To sit here and go back and forth will not accomplish anything.

Supervisor Selmser stated that is a tentative date – the board may change that. Attorney Dunn stated according to town law it is supposed to be within 60 – 75 days after either the petition is filed or we make the decision – since we are submitting it to the referendum vote I feel that is the appropriate time for it according to statute. That is why it has been set during that time.

A roll call vote was held:

Council Member Manning – Aye

Council Member Long – Aye

Council Member Kirch – Aye

Supervisor Selmser – Aye

Council Member Glenn – Nay

Supervisor Selmser stated the resolution is passed. Once the clerk certifies the resolution the supervisor will take it to the Board of Elections.

Council Member Long noted there is a website TownOfCaroga.com the contract that the board has just authorized Supervisor Selmser to sign is on line for everyone to read. The waiver has been on line for some time now that George Abdella and Supervisor Selmser signed. We are trying to be as transparent as possible. This contract was “just amended and just accepted by the Caroga Arts Collective a very short time ago, which is why we are doing it now.”

Supervisor Selmser received an application to hold a fireworks display at Sherman’s Amusement Park on July5th sponsored by the Caroga Arts Council. The clerk asked for a plan of where the display will be shot off from. This hasn’t been done when there was a concert going on. The clerk noted the fire department is asking for this information. The certificate of liability insurance was received from Majestic Fireworks. Supervisor Selmser stated he checked with our insurance agent NYMIR who stated they didn’t need any additional insurance as long as there is a standard one million dollar policy and the town is listed as the additional insurer, which we are for that date.

RESOLUTION #2019-057 to approve fireworks displays by Majestic Fireworks was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held Wednesday May 8, 2019 at 7 pm at Town Hall.

WHEREAS, the board received an application for fireworks displays in the town on July 5th 2019 at Sherman’s Amusement Park, and

WHEREAS, the certificate of liability insurance was received by the town with the producer being Britton Gallagher One Cleveland Center Floor 30 1375 East 9th Street Cleveland OH 44114 now therefore be it

RESOLVED that the supervisor is hereby authorized to sign the request from Majestic Fireworks, Inc 29 College St. Clinton NY 13323 (315) 853-2237 for firework display application/permit for the fireworks display as amended - to correct the name and address of the sponsoring organization.

Seconded by Council Member Long

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

Trish Isabella has submitted an application to use the Sherman’s property for a wedding on August 24, 2019. She first thanked Linda Gilbert and Jim Selmser. This wedding was originally planned for next year. Due to a family member with a terminal illness they are pushing the date to August. She appreciated their help. Her daughter had birthday parties at Sherman’s. The ceremony is in Johnstown, the dinner is at Sherman’s pavilion and the cocktail hour will be in the carousel building. She understands you can’t run the carousel. But Jacksland who is doing the insurance said they could take pictures with it. She wants the lights on. She has garbage removal and port-a- potties set up. She will issue wrist bands so there are no crashers. Council Member Manning will show her the lighting and electrical needs. The permit was changed to 150 people.

RESOLUTION #2019-058 to approve the use of Sherman’s Property was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held Wednesday May 8, 2019 at 7 pm at Town Hall.

WHEREAS, the board desire approve the use of the pavilion at Sherman’s for wedding on August 24, 2019 and for use of the perimeter of the carousel building for the Katie Isabella/Dan Ziemann wedding for approximately 100 – 150 people given they have insurance coverage, now therefore be it

RESOLVED, that the fee shall be $250.00.

Seconded by Council Member Long

Discussion: Council Member Manning stated no one is supposed to be on the carousel. Mrs. Isabella stated the insurance company stated even if they stood on it and took pictures the policy is valid. They upped the insurance for that. No being on the horses Supervisor Selmser stated.

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

Supervisor Selmser stated the use of Sherman’s for the Wheelerville school graduation has been withdrawn.

Supervisor Selmser asked if there were any questions regarding the correspondence:

Fulton County will have a latex paint exchange 6/1st to 8/31. They will have a Hazardous Waste Drop-Off August 10. Those who want to drop items off must pre-register.

Request from Caroga Historical Assoc. & Museum for a donation of golf for four & a cart

Christopher Quenelle comment of Sherman’s Proposals

Notice from NYS DOT re: repair work on bridge over Pine Lake outlet probably not till next year

Lisa Leggiero request that a street light be place on pole #18 Garlock Road

Email from Kent Kirch reworking old golf courses

The Clerk stated the board if they wanted to hear the correspondence received from Mr. Lorence at 2:27 this afternoon. Briefly the clerk read from the email. Mr. Lorence thanked the board for the opportunity to speak to the board at the open forum on May 29th. Given this interest from the Town, I have begun to engage my resources in a more concrete way and I am working toward answering your request to submit a site control document. I anticipate submitting this document with-in the next week. He thanked the board once again. Signed John Lorence

The final item on the agenda is to pay the bills as presented for audit. Supervisor Selmser asked if we need to make an adjustment on the attorney bill. Attorney Dunn addressed the board and stated that is a mistake on your bill. At the beginning of 2019 he raised his litigation rate to $300.00 but that should not have billed to the town. He spoke to Mr. Livingston in the hall and he noted the mistake to him. Attorney Dunn stated he would go back and look at every bill and credit and correct the town back for that. He is surprised he missed it. He noted his office manager may have been confused. A credit memo will be sent.

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

At 8:20 pm Council Member Long made a motion to adjourn. Council Member Manning seconded the motion. All board members were in favor of the motion.

Submitted,

Linda M. Gilbert, RMC, CMC

Town Clerk

General #’s 148 – 188, $18,482.32

Highway #’s 75- 106, $18,376.38

General Park #’s 13 – 21, $4,086.56

Prepaid #’s 115 – 147, $30,959.11

Copyright © James McMartin Long 2017–2021