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State of New York

County of Fulton

Town of Caroga

Minutes of a special Caroga Town Board meeting held Monday August 26, 2019 at the municipal building located at 1840 State Highway #10 at 9:00 am 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

There were 29 members of the public in attendance.

Supervisor Selmser opened the meeting with the pledge of allegiance. He stated there are a couple of quick items to deal with. One was the custodial position. Council Members Glenn & Kirch conducted interviews last Monday morning.

The board desires to bring that person on board as soon as possible. Two people were interviewed. The third person had already accepted another position. Council Member Kirch noted this person is a Caroga resident and has the best experience and background.

RESOLUTION #2019-086 to hire Robert Thompson as custodian and grounds keeper was offered by Council Member Kirch at a special Caroga Town Board meeting held on Monday August 26th2019 at 9:00 am at Town hall.

WHEREAS, the previous custodian and grounds keeper retired as of July 4th 2019, and

WHEREAS, an ad was placed in the Leader Herald Newspaper for the job opening, now therefore be it

RESOLVED, that Robert Thompson of 2214 State Highway 10 Caroga Lake NY is hired as the town custodian and groundskeeper at a rate of $13.25 per hour on a part time basis for up to 20 hours per week.

Seconded by Council Member Glenn

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

Another action the board wanted to take action on was to schedule a public hearing for adopting a Local Law for Stop Signs being placed on East Shore Road of West Caroga Lake. Council Member Kirch, the Supervisor and the Town Clerk did some research and Council Member Kirch put together the following:

RESOLUTION #2019-087 to set a Public Hearing on Wednesday September 11th 2019 at 7:30 pm on Proposed Local Law #1 of 2019 entitled “A Local Law for the placement of stop signs on East Shore Road on West Caroga Lake” was offered by Council Member Kirch at a special Caroga Town Board meeting held on Monday August 26th2019 at 9:00 am at Town hall.

Proposed Local Law #1 of the year 2019

A local law providing for placement of stops signs regulations on East Shore Road on West Caroga Lake.

Be it enacted by the Town Board of the Town of Caroga as follows:

Section 1: Title

The title of this Local Law is “A Local Law for placement of stop signs on East Shore Road on West Caroga Lake”.

Section 2: Purpose

It is the purpose of this local law to provide for safety, health protection and general welfare of persons and property along East Shore Road on West Caroga Lake at the time of the adoption of this law. The provisions of this law shall apply to the town road named East Shore Road located on the East side of West Caroga Lake. This ordinance is adopted pursuant to authority granted the Town of Caroga in Section 10 of the Municipal Home Rule Law, as well as authorized by Section 1668-a of the Vehicle and Traffic Law of the State of New York.

Section 3: Applicability

This Local Law shall apply only to East Shore Road located on West Caroga Lake.

Section 4: Definitions

The words and phrases used in this Local Law shall, for the purposes of this law, have the meanings respectively ascribed to them by the Vehicle and Traffic Law of the State of New York.

Section 5: Stop Signs

The Town Board hereby directs the Highway Superintendent to install permanent stop signs at the new stop intersection locations on East Shore Road (West Caroga Lake) as indicated below. Stop intersections are intersections where at least one street in the intersection has a stop sign and, for the purpose of this Local Law, they are designated as follows:

  1. The intersection of Grove Avenue with East Shore Road is hereby designated as a stop intersection and stop signs shall be erected on East Shore Road on both the North and South approaches of its intersection with Grove Avenue.

  2. The intersection of Lakeview Avenue with East Shore Road is hereby designated as a stop intersection and stop signs shall be erected on East Shore Road on both the North and South approaches of its intersection with Lakeview Avenue.

  3. The intersection of Chapel Road with East Shore Road is hereby designated as a stop intersection and stop signs shall be erected on East Shore Road on both the North and South approaches of its intersection with Chapel Road.

Section 6: Penalties for Violations

Any person violating any provisions of this law may be punished upon conviction with a fine of zero ($0.00) to two hundred-fifty and no/100’s ($250.00); a period of community service; a conditional or unconditional discharge, or another appropriate remedy where a demonstration of lack of ability to pay the fine is clearly demonstrated.

Section 7: Severability

If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any Court of competent jurisdiction to be invalid, such judgement shall not effect, impair or invalidate the remainder thereof.

Section 8: Effective Date

This Local Law shall take effect immediately upon its filing with the New York State Secretary of State and remain in full force until repealed or otherwise amended in accordance with the laws of the State of New York including but not limited to the Municipal Home Rule Law and Statute of Local Governments.

Seconded by Council Member Long

Discussion: Council Member Glenn noted there are other areas in town where this also needs to be addressed. He thought this should be looked into with the Department of Transportation.

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

The clerk had a couple of comments: In talking to Mr. Putman earlier today he thought the stop signs should be posted seasonally. Mr. Putman informed his clerk, Linda Gilbert, that the county would not be able to put the white lines down in front of the stop signs. He is looking into other people to help him with that namely the City of Johnstown. Lastly the bags (3) in front of the board room table today are from the ceiling in Highway Superintendent’s office which has totally fallen in. Mr. Putman did discuss this at a previous meeting that parts were falling now the entire ceiling has fallen in. Other parts of the highway barn ceiling are also falling down. He asked the board to arrange to have someone fix the ceiling.

Supervisor Selmser noted the plumbing problems were fixed. We are still working on the electric. He will find someone to do some other repairs. The clerk suggested the new custodian perhaps. Supervisor Selmser stated that was the intent of the janitor possibly doing some building maintenance if he has the experience.

The supervisor asked if there was any other business. Council Member Manning wanted to present something.

Council Member Manning stated we have to do another resolution for the CAC contract. He noted we rescinded that back in July. We approved the language to send to the Board of Election but we have not reapproved the new contract of sale to go to referendum. So per the Association of Towns (AOT), Gregg Dunn, and also the Board of Elections we have to officially put this back on the ballot in November. Council Member Long stated “in a certain time window.” Council Member Manning stated within 60 – 75 days prior to the November election which is November 5th. So this meeting works for that. The September board meeting would be too late. This time period satisfies that requirement.

RESOLUTION #2019-088 Reaffirming Town of Caroga’s Property Sale Contract for sale of Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc., authorizing the Attorney(s) for the Town to order title and tax updates and/or searches for said Property, submitting said Resolution and/or Property Sale Contract to referendum vote without the requirement that a petition be filed pursuant to Town Law, adopting the language and/or ballot question for and establishing the date, time and place of the referendum vote was offered by Council Member Long at a special Caroga Town Board meeting held on Monday August 26th2019 at 9:00 am at Town hall.

WHEREAS, after due deliberation the Town of Caroga Town Board desires to reaffirm its entry into and execution by its Supervisor of a Property Sale Contract for the sale of Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc.;

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 Sale Contract and to submit its resolution to referendum vote to be held on Tuesday, November 5, 2019;

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;

WHEREAS, Town of Caroga Town Board further desires to adopt certain language to be placed on the referendum ballot by the Fulton County Board of Elections for the upcoming referendum vote to be held at general election on November 5, 2019, concerning the resolution of the Town Board of the Town of Caroga to sell the Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc.; and,

WHEREAS the Town of Caroga desires to designate and publish/post legal notice of the specific time and place at which said referendum vote shall be held.

NOW THEREFORE, be it RESOLVED by the Town Board of the Town of Caroga that:

1) The Town Supervisor’s execution of the Property Sale Contract for the sale of Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc. with initial revisions requested by the Town, including but not limited to the Right of First Refusal made part of said Contract, is hereby reaffirmed;

2) 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 at general election on Tuesday, November 5, 2019, with polls opening at 6:00 a.m. and closing at 9:00 p.m.;

3) The Attorney(s) for the Town are hereby authorized to order title and tax updates and/or searches on the Property;

4) The language and/or ballot question to be placed on the referendum ballot by the Fulton County Board of Elections for the upcoming referendum vote concerning the sale of the Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc., shall be as follows:

"Do you approve of the Town of Caroga’s sale of the Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc., upon the terms and conditions specified in their Property Sale Contract dated June 14, 2019?”;

5) The Town Clerk shall submit the ballot question to the Fulton County Board of Elections and authorize the Board of Elections to add any additional script, information or language on the face of the ballot to explain, clarify or otherwise assist qualified voters in casting a vote for or against the ballot question;

6) The referendum vote shall take place at the General Town Election to be held at the Town of Caroga Municipal Building, located at 1840 State Highway 10, Caroga Lake, NY 12032, on November 5, 2019, with the polls opening at 6:00 a.m. and closing at 9:00 p.m.; and,

7) As soon as hereafter practicable the Town Clerk of the Town of Caroga shall publish/post legal notice of the date, time and place at which said referendum vote shall take place and shall include in said legal notice the specific ballot question to be voted upon.

Seconded by Council Member Manning

Discussion: The clerk asked that item #5 be edited to remove the words Town Supervisor as a person who is authorized to deliver the resolution to the Board of Elections (BOE). In actually it has been delivered to the BOE. Election Law was followed; this is per town law. Council Member Long stated there was a 90 day deadline to get the referendum language to them. We’ve already done that. This is just to reaffirm that which we have to do under Town Law. Council Member Manning stated this is what AOT laid out to do. Council Member Long stated this is duplicative, but it is necessary because of the conflict between Election Law and Town Law that hasn’t been resolved in statute.

Council Member Glenn asked who at BOE was this discussed with. Council Member Manning asked Council Member Glenn if he reached out to the board of Elections. “Cause you could have done that too.” Council Members Manning and Long explained the process to Council Member Glenn. Council Member Manning stated, “Jack is not going to understand this.” Supervisor Selmser explained the board could not take this action until this window-this time period. Council Member Glenn asked if this was the third or fourth time the board has done this? The board is repeating what is required under the New York State law.

Council Member Manning stated right now we have a ballot question going toward a ballot that doesn’t actually – never been scheduled. This schedules the actual referendum on that day of the election. Council Member Glenn stated that this reaffirms a part of the resolution that was rescinded. Then you go on to make it inclusive of… “Yes” Council Member Long replies; because there are two separate laws that we have to be in conformance with.

Council Member Kirch stated what we did before we tried to have a special election. We had the wording for that special election ballot then we found out we couldn’t do absentee ballots and some other things because of Board of Election requirements so we decided to cancel that, which we did. Today we are rescheduling the referendum for November 5th and we are confirming the wording for that referendum which we’ve already submitted to be in compliance with the Board of Election requirements. This simply schedules it officially through town law that we want that on the ballot on November 5th.

Council Member Glenn again asked if anyone had checked with the BOE. Two board members responded that they checked before this. There hasn’t been a change in the law.

Roll Call Vote:

Aye

Nay

Abstain

Council Member Glenn

X

Council Member Manning

X

Council Member Long

X

Council Member Kirch

X

Supervisor Selmser

X

At 9:21am 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

Caroga Town Clerk