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State of New York

County of Fulton

Town of Caroga

Minutes of the regular monthly Caroga Town Board meeting held on Wednesday October 9, 2019 at the municipal building located at 1840 State Highway #10 at 7:00 pm. Supervisor Selmser called the meeting to order at 7:00 p.m. by asking for the roll to be called. The flag salute followed.

Supervisor James K. Selmser - Here

Council Member John Glenn - Here

Council Member Jeremy Manning - Here

Council Member James Long - Here

Council Member Kent Kirch - Here

Other town department representatives in attendance were: Steve Putman Highway Superintendent. There were 30 members of the public in attendance.

Public Speaking – Supervisor Selmser opened the floor for any public comment or concerns the public wanted to bring to the board’s attention. There were no public speakers this evening.

Department Reports:

Assessor’s Report – Victoria Hayner submitted a written report to the board. The supervisor stated it was pretty basic. Supervisor Selmser stated he informed her that the possibility of doing a revaluation of the town was not included in the budget for the upcoming year. She understands the reasoning behind it.

BTI – Mrs. Delesky stated John Delesky had a class tonight. She brought two things for the board meeting. All of the technicians turned in their 2019 stream reports and Mr. Delesky is in the process of tabulating them. There will be a report next month on the actual usage. Also all of the applicators have indicated that they want to work next year. Mr. Delesky will be putting in a request to renew all of their licenses. They are good for three years.

Clerk/Tax Collector/Registrar/RMO – the September monthly report was submitted. The clerk once again asked that the commentary on the Town Website be taken down. There is a new process in place for the clerk to receive the Planning & Zoning applications; however the clerk still does not have the Board of Assessment Review minutes or the documents for the Planning and Zoning cases from January to August for 2019. There is a correction in the bills from last month in General Park. The town received their check back in the amount of $333.61 from Grassland. It was confirmed with Grassland that there was an overage.

The clerk asked if the board was going to introduce the Town Board Special Statement later. Council Member Kirch stated it was. The clerk noted to the public that there is going to be a special statement from the board later on. The clerk received it earlier this week. “Once again a board member acted unilaterally and has come to decisions for all. Where did the board collectively come together and discuss which reasons were important? It is just wrong. This should be done in an open meeting in front of the public with your voices heard.” The supervisor stated Kent could address this later.

The clerk showed the board an advertisement for holiday decorations. As a thought when the town is ordering the new lighting poles some could be ordered…. Council Member Long noted the town was using the existing poles and cobra arms. Only the heads are being replaced. The clerk wondered if perhaps a dozen could be ordered to accommodate a nice hanging lighted decoration. The Supervisor noted a lot of towns do that seasonally. He noted there have been discussions about bringing the flags back which we had for many years. Perhaps something will be done in the future.

Lastly under correspondence the clerk put information about the 2020 Census. They are looking for workers especially in the Adirondacks. They pay $17.00 per hour and mileage. The clerk has brochures available. The supervisor stated you would be working from your home.

Code Enforcement & Sanitation – the August and September monthly building reports were submitted by John Duesler. In August 32 permits were issued and he took in $1,675.00 with a total valuation of $181,111.00. In September 29 permits were issued and he took in $2,208.80 with a valuation $172,675.00. Later in the meeting the supervisor thought there would be a discussion on revising some sewage regulations. The supervisor stated he has spoken with John about computer upgrades of the windows 7 operating system to 10. The supervisor spoke to Brian Macintosh about this and requested a quote back from him. The clerk suggested contacting the county IT department for a multiple user license. The supervisor said he would talk to Perry Lovell.

Dog Control – Mr. Dutcher reported to the town clerk that he responded to one dog bite and had 5 calls for the month.

Golf Course – The supervisor reported that Mr. Jennings is back at work. Mr. Jennings had requested earlier in the year the purchase of a new mower. Quotes were passed out to the board members. (Also supplied in the packet to the board) There are two mowers Mr. Jennings feels are beyond their useful life – a 2005 Toro z turn mower 42” cut and a 2001 62” cut Toro mower. They should be put up for auction. Grassland (state contract price) is $8,559.36 for a 60” cut. There is money in the budget. The supervisor is recommending purchasing them now. Council Member Glenn noted the $6,667.28 discount.

RESOLUTION #2019-097 to purchase two mowers was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, Steve Jennings -Manager of the Nick Stoner Municipal Golf Course has indicated a need to purchase a new mower and,

WHEREAS, Grassland Equipment and Irrigation Corp supplied a quote, on state contract, for a Kohler Command Pro mower, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to purchase two model number 74958 25 HP Kohler Command Pro EFI w/60” Turbo Force mower on state contract for $8,559.36 each or a total of $17,117.72.

Seconded by Council Member Glenn

Discussion: Council Member Kirch asked if we had the entire amount budgeted. The board reviewed the budget and stated there is $12,500.00 in the 2020 budget. This year there is $10,000.00 in the equipment line item and the supervisor stated there is excess money in the building line A7180.4. There is $25,000.00 and only $10,582.00 has been spent. Supervisor Selmser stated initially the discussion was for the purchase of one mower. Council Member Kirch thought there were going to be upgrades made to the building next year. He thought windows might be replaced. Supervisor Selmser thought the town would not be billed until we received the equipment and thought it would be 30 – 60 days to receive the equipment. He stated a budget adjustment can be made at that time.

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

Highway – Mr. Putman reported that the work on Vrooman Road is complete. It went well. They worked rain and shine. They built a walking bridge for access. Supervisor Selmser stated there was good communication ahead of time. It was in worse shape than Mr. Putman originally thought. There is a little more work to be done on it. There were some wash outs due to the new materials being placed. Mr. Putman noted the roadway is wider. There are no guardrails now. We have Adirondack guardrails.

The white Ford truck was repaired by the highway department. The alternator seized up; there could have been a fire. They put an alternator and timing belt in. Mr. Putman was thanked.

Mr. Putman was asked to help move the picnic tables under cover at Sherman’s. 90% of them are in bad shape. They have 20 coats of paint on them which makes them look pretty but they are rotted to the max. He urged the board to address the tables. There is also a hazardous metal grate between the Sprung residence and where the tables are stored. If someone falls on it they will get cut. Council Member Glenn thanked Mr. Putman.

Mr. Putman gave each board member paperwork this evening. He urged the board to look at it and take it seriously. He plans on going forward with it. Supervisor Selmser stated we can talk about it.

Mr. Putman attended the harassment/ sexual harassment training on Tuesday as required. He asked the board to clarify the type of training it was. Supervisor Selmser stated it was discrimination and multi-types of harassment. Mr. Putman noted the two contacts for that locally are Mr. Selmser and (deputy) James Long. He thought that should be looked at because they are the chief people mentioned in the memo he gave to the board. Mr. Putman stated he will be contacting the insurance company. Supervisor Selmser asked the clerk who the contact person was. He thought it was established as one person. The clerk stated that at the beginning of the year Council Member Long was appointed into that position. Since the board did not rescind him from that position both names are listed to contact on the bulletin board. That will be changed at the beginning of the year. Council Member Long confirmed that he was appointed for the year 2018 only and was not reappointed for 2019.

Town Hall Building – Appolo was here last Thursday. Additional work needs to be done. At least we have heat. Council Member Long reported an air flow censor is faulty on the #3 boiler. It fires up most of the time, if it doesn’t just unplug the unit and it will reset. He noted there were a lot of problems replacing the heat exchanger, it didn’t quite fit. All of the installers are having a similar problem with this exchanger. The technician told the clerk that boiler #1 fires every 30 seconds. Council Member Kirch again stated that annually before winter the boilers should be serviced. Supervisor Selmser stated that is basically what they are doing now. The supervisor stated he asked them to look at all the boilers so there isn’t an emergency they are called back on.

Council Member Long stated Bob Thompson really likes the new vacuum. He was raving about it.

Lakes Management Program – Council Members Glenn & Kirch noted this was skipped over. A report for the end of the year is due.

Youth – No report

Historian – No report

Supervisor’s Report

Financial reports were given to the board members. Fund balances for cash are General $1,160,000.00 vs $970,000.00 last year. Cash in Highway is $230,000.00 vs $465,000.00 for the prior year. As he stated in the budget meeting the fund balance in the highway have been shrinking. We did pay out $216,000.00 for paving but will be reimburse on that.

The supervisor emailed the board with a revised resolution from the attorney to bond for the truck. The financing expired at the end of August so another resolution has to be passed. Now that we have a firm date of before the end of October NBT has lowered the rate from 2.70% to 2.40% for three years. Supervisor Selmser didn’t feel it was necessary to read the resolution. The interest charge will be $5,279.95. It will save the town $500 - $600.

RESOLUTION # 2019-098 a RESOLUTION TO AUTHORIZE FINANCING OF THE NEW PLOW TRUCK THROUGH ISSUANCE OF A SERIES OF SERIAL BONDS TO NBT BANK was sponsored by Council Member Glenn, and seconded by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at town hall.

WHEREAS, after due deliberation by the Town Board of the Town of Caroga at work sessions on August 28, 2018, and July 22, 2019, the Town Board has approved the purchase of a new plow truck with dump body and plow equipment; and,

WHEREAS, the Board discussed financing said truck at a prior meeting of the Town Board, and Supervisor Selmser determined after comparisons of rates from Municipal Leasing Consultants (MLC) that NBT Bank provides the best rate currently for such financing; and,

WHEREAS, the best current rate was determined to be at 2.40% on $110,000.00 with interest amounting to $5,279.95 over a three-year term;

NOW THEREFORE, be it resolved by the affirmative vote of not less than two-thirds of the voting strength of the Town Board of the Town of Caroga, as follows:

Section I. The purchase of a new plow truck, including dump body and plow equipment, as described in detail in Addendum A, is hereby authorized; that said expenditure shall be financed for $110,000.00 (One hundred ten thousand and 00/100 dollars) exclusive of interest; and a portion of the expenditure—$49,122.00 (Forty-nine thousand, one hundred twenty-two and 00/100 dollars)—shall be paid directly from the Highway Reserve Account.

Section II. It is hereby determined that the plan for financing of said object is as follows: through the issuance of $110,00.00 (One hundred ten thousand and 00/100 dollars) serial bonds of the Town of Caroga, pursuant to the authority granted in NY Local Finance Law Article II, at a rate of 2.40% for an estimated total of $115,279.95 over a period of three years; and, through payment in the amount of $49,122.00 (Forty-nine thousand, one hundred twenty-two and 00/100 dollars) to be drawn from the Town of Caroga’s Highway Reserve Account.

Section III. The Period of Probable Usefulness (PPU) is five years, pursuant to Local Finance Law §10.32, however, the Town of Caroga shall limit the maturity of Bonds issued to fund this purchase to three years. It is hereby determined that the maximum maturity of the serial bonds herein mentioned shall not exceed the PPU of five years.

Section IV. Pursuant to the provisions of Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewal of such notes, is hereby delegated to the Town Supervisor as Chief Fiscal Officer. Such note shall be of such terms, form and contents and shall be sold in such manner as may be prescribed by the Chief Fiscal Officer, consistent with provisions in the Local Finance Law.

Section V. All other matters except as provided herein relating to the serial bonds herein authorized, including the date, denominations, maturities and interest payment dates, with the limitation prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially eve or declining annual debt service, shall be determined by the Town Supervisor, as Chief Fiscal Officer. Such Bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local finance Law, and shall otherwise be in such for and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

Section VI. Such Bonds shall be in fully registered form and shall be signed in the name of the Town of Caroga, New York, by the manual or facsimile signature of the Supervisor or another person authorized to sign on behalf of the Town of Caroga, and a facsimile of its corporate seal shall be imprinted or impressed thereto and may be attested by the manual or facsimile signature of the Town Clerk.

Section VI. The Faith and Credit of the Town of Caroga, Fulton County, New York, are hereby irrevocably pledged for the payment and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest of such bonds as the same become due and payable.

Section VII. This Resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this regulation, no monies are, or are reasonably expected to be, reserved, allocated for a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section VIII. The validity of such bonds and bond anticipation notes may be contested only if:

such obligations are authorized for an object or purpose for which said Town is not authorized to spend money; or, the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or,

Such obligations are authorized in violation of the provisions of the Constitution.

Section IX. This Resolution, which takes effect immediately, shall be published in full, or a summary thereof shall be published in the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

Adopted by a Roll Call Vote:

Supervisor Selmser - Aye

Council Member Long - Aye

Council Member Glenn - Aye

Council Member Manning - Aye

Council Member Kirch - Aye

The closing on the note with NBT Bank is Friday Oct. 18th. The supervisor will have a check from the bank and draw one off the money market account. He will verify the pricing with Jeff Prince.

Mr. Putman forgot to ask the board earlier if the Fish & Game Club could have some of the old rotted posts from when he replaced street signs. He stated it would cost more to transport down for scrap and wanted to allow them to use them. Supervisor Selmser stated it was a good idea.

Mr. Putman stated he had a couple of signs go down again on Co. Hwy 137 and Mussey heading for Everson. They took a saw to that one. The clerk asked if the Sheriff’s department was called. Mr. Putman did not do that, it is a waste of time.

Mr. Putman has driven the new truck. It is at Viking Chives in Harrisville right now.

RESOLUTION #2019-099 to adopt a sexual harassment policy was offered by Supervisor Selmser at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, Supervisor Selmser provided a document to the clerk with the wording of the sexual harassment policy, no different than what was given to the town last year from NYMIR, that was adopted but we didn’t have the formal document we do now, and

WHEREAS, a sexual harassment training session was held at Caroga Town hall yesterday, and

WHEREAS, the board desire to share the document, have town employee sign that they received it, and document who has had the training, and

WHEREAS, those who did not attend the training will have to do an online course, now therefor be it

RESOLVED, that the Caroga Town Board does hereby move to re-adopt the policy.

Seconded by Council Member Long

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

Supervisor Selmser reviewed the necessary budget transfers. The first one is because the line item is over budget. The second is to follow up on the intention of applying sales tax money into the highway account when it is received.

RESOLUTION #2019-100 to make a necessary budget transfer was offered by

Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, the Bookkeeper -Joanne Young has notified the supervisor of the need for a transfer to maintain a balanced budget, now therefor be it

RESOLVED, that the Caroga Town Board does hereby move to make the following transfer

To: A8810.4 Cemeteries C/E $150.00

From: A8160.4 Refuse & Garbage C/E $150.00

Seconded by Council Member Kirch

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

RESOLUTION #2019-101 to make the necessary budget modifications was offered by

Supervisor Selmser at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, the bookkeeper Joanne Young has notified the supervisor of the need for a budget modification, now therefor be it

RESOLVED, that the Caroga Town Board does hereby move to decrease the expected Sales Tax revenue A1120 by $100,000 and to add line item DA1120 to the budget with an expected revenue of $100,000.

Seconded by Council Member Long

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

New Business:

Board of Assessment Review - the term of Mark L. Ford is up.

RESOLUTION #2019-102 to Reappoint Mark L Ford to the Board of Assessment Review was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, the town was notified in a letter dated September 4, 2019 and post marked on September 11, 2019 that the term of Mark L. Ford would expire on September 30, 2019, and

WHEREAS, the Caroga Town Board members note that he has served admirably and done a good job and do desire to reappoint Mr. Ford to again serve on the Board of Assessment Review, now therefor be it

RESOLVED, that the Caroga Town Board does hereby move to reappoint Mark L. Ford PO Box 201 Caroga Lake NY 12032 to a five year term on the Board of Assessment Review commencing October 1st, 2019 until September 30th, 2024

Seconded by Council Member Manning

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

Council Member Long explained an anomaly. Garbage pickup on the north side of town is Tuesday’s in the summer previously it was said the transition should be made on May 2 and switching over to winter dates on October 1st. The anomaly is September 30 is a Monday so we operate under the summer rules but October 1st that Tuesday is the winter rules which mean in theory that no garbage is picked up either of those days. Council Member Long wanted to clarify for the calendar that it’s obvious it will be picked up on the following Monday. Instead of saying summer pickup end and winter begins October 1st he proposes a resolution that the town switch over to winter hours on the first Monday of October and switch over to summer rules on the first Monday of May. That would eliminate any calendar hiccups that can happen every few years.

Highway Superintendent Putman stated that is not a resolution item. That is up to him. He runs that department. He will look at this and get back to the board. The matter was tabled at the suggestion of the town supervisor.

New Business: Council Member Kirch stated he drafted two documents. One was the result of a meeting last summer. There were a lot of questions from the public about the CAC purchase agreement. It is online but if people want a simple one page summary of what it contained without all the legal mumbo jumbo he put together a one page summary on that. He also put together a document that summarizes the reasons why the board put the purchase agreement up for referendum. “The contents of that document are based on a number of executive sessions where we (the board) discussed the reasons why we are putting it up for referendum and why the board supports that.” Council Member Kirch stated he sent it out to the board earlier this week. Supervisor Selmser stated they had a conversation on a drive to Gloversville last week also. They felt it was consistent with trying to be transparent.

In the email to the board Council Member Kirch said a resolution should be passed. He would like to include it in this issue of the News Flash. He asked if any of the board members had any adjustments, changes, or objections. Council Member Long did not object to it. Council Member Manning thought it was consistent with what the board talked about back in March.

He noted that this was not Council Member Kirch acting unilaterally. This is you writing a document we’ve reviewed it and now we are voting on it. Council Member Long stated it is not an editorial – it is an excerpt of facts.

Council Member Glenn disagreed with that. He felt there were editorial comments and reads: “Important Reasons to Accept the CAC Offer for Sherman’s” It doesn’t necessarily give an independent non-bias account. Council Member Long stated this is the majority of the board’s reasoning. “The majority still rules.” Council Member Glenn reads the 12 statements.

Important Reasons to Accept the CAC Offer for Sherman’s

  1. Avoid costly and time consuming litigation with George Abdella

  2. Recover the entire cost of Sherman’s to the Town over 5 years - about $50,000

  3. Eliminate ongoing Town costs and responsibilities for Sherman’s

  4. Receive the Town’s share of property tax on Sherman’s from CAC going forward

  5. Eliminate the Town obligation to provide sewage disposal for future uses of Balboaa Land Development property (RV park, etc.), per the Donation Agreement

  6. Avoid the likely issues with the septic system at Sherman’s with other options

  7. Keep Sherman’s open to the public and available for events

  8. Generate economic development with new residents, jobs and visitors

  9. Increase sales tax revenues that make up a large portion of the Town budget

  10. Let the Town focus on other important issues like roads and the golf course

  11. Allow the CAC to develop Sherman’s into a community/cultural arts center

  12. Let everyone “move on” and help unify the Town

That to him sounds like an editorial comment. Council Member Kirch stated it is simply what the board desires to accomplish. Council Member Manning noted the board has made it clear over the last 8 months how it feels about this. Council Member Glenn noted there are certain things that are currently in litigation.

RESOLUTION #2019-103 to formally adopt a two page document drawn up by Council Member Kirch for publication was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, Council Member Kirch drew up two - one page documents and distributed them to all board members via email prior to this evenings meeting entitled “Town Board Special Statement” and “Purchase Agreement Summary CAC offer for Sherman’s on June 14, 2019” Key Points now therefor be it

RESOLVED, that the two one page documents will be available to the public for distribution.

Adopted by a Roll Call Vote:

Council Member Glenn -Nay

Council Member Manning - Aye

Council Member Long - Aye

Council Member Kirch – Aye

Supervisor Selmser – Aye

Mr. Sturgess had a quick question. For the past few months that $50,000.00 figure has been associated with the CAC purchase price. Does that mean since March or April we haven’t accumulated anymore expenses throughout this process? The number hasn’t changed in the last six months.

Supervisor Selmser stated there have been more expenses incurred definitely with legal costs. Council Member Manning stated that was definitely above… there is room in there as well. Council Member Long stated “we were actually in the $30,000.00 range for our actual expenses, so $50,000 was well above our actual expenses.” He thought it will remain above the actual expenses through the closing should the voters decide to vote favorably for the referendum. He noted there would be ongoing expenses if the voters decide not to vote for the referendum which will likely surpass $50,000.00. Council Member Kirch stated this is the amount on the purchase agreement. Mr. Sturgess stated the document presented tonight #2 says the town will recover the entire cost of Sherman’s to the Town over 5 years. Council Member Long stated it more than covers them.

Mr. Sturgess asked if the town figured the actual expenses and they were only $31,000.00 associated with the expenses on the property what would happen.

Council Member Manning stated that was at the time of negotiations. We know we are covered but there is not a lot of room left anymore.

Mr. Sturgess asked if the expenses are $41,500.00 is that how much CAC acquires the property for? “No” was the response by multiple board members. The purchase agreement summary page states the purchase price is $50,000.00.

Council Member Manning asked if the board could discuss the Enhanced Treatment System. Supervisor Selmser replied we could talk about it or bring up revising the sanitation regulations.

Council Member Manning stated that Larry Smith and John King PE were here with information and to discuss looking into amending our ordinance on the ETU system the other systems that are out there.

Supervisor Selmser stated a few of us met with John (Duesler) yesterday after the presentation and sat down together with the insurance agent. They went over the possible problems since this is not an approved system by NYS Health Department there may be some potential liability. The recommendation was to not proceed and do anything at this time until we can get better direction from NYS.

Council Member Glenn wondered if this should go to the Planning and Zoning Board. Supervisor Selmser stated the town board would have to review it, finalize it, and pass it. Council Member Long noted everything goes to the Planning Board.

Supervisor Selmser stated the code officer thinks this is something that would be useful in our community where there are a lot of lots that are small and not conforming.

Larry Smith stated that this system is approved by New York State what isn’t approved is the setbacks. That is what has to be reevaluated. This is what is being encountered on a regular basis where the septic cannot meet setbacks from the lake or wells. This is a new technology which treats the wastewater so no living organisms come out of the tank. It meets the DEC discharge standards. It is a perfect solution to some of the situations he encounters due to congestion. It is the only option for effectively treating affluent/sewage in town.

Mr. John King P.E. brought copies of part 75A a health department statute it mentions ETU’s. What he has been doing with small lots where you can’t meet all the separation distances is he tries to meet as many as possible keeping public safety at a premium. The unit he brought specification on has a supplier in this area in Amsterdam. He stressed the units work beautifully if they are properly maintained. That is mentioned in the statute. Mr. King recommended that the board require that all ETU’s be properly maintained or have a contract.

Mr. King thought the town had a statute that proof of pumping had to be shown when paying taxes each year. The clerk indicated that is not quite true. The town does have a requirement (Local Law) that holding tanks be pumped and a database is kept.

Mr. King stated the system is just like a mini sewage treatment plant. Supervisor Selmser suggested a meeting with Mr. King and the code officer with a couple of board members. Perhaps an ordinance can be passed in the future.

It was noted that residential is under 10,000 gal. a day over that has to be approved by DEC. Under 10,000 gal. it stays with the NYS Health Dept. they enforce DEC regulations. This system meets surface water discharge standards. All you need is a SPDES permit. The Health Dept. does not issue SPDES only DEC does. “ you run your affluent through this you can’t discharge it on the ground because it is controlled by DEC you have to discharge it in the ground but because it is so clean you can reduce the size of your leach field by 33%.” Then you can add a disinfectant unit, a UV light, a chlorinator, and a de-chlorinator after so you don’t put chlorine out in the environment. There are no living organisms being introduced into the environment. This system treats the biological component even before it leaves the unit.

Mr. Horton thought that this is a Planning Board issue as part of the zoning regulations.

As an engineer Mr. King stated he has to be able justify all of their decisions.

Council Member Long asked what have other towns done. If we OK this and something goes awry but the engineer says it’s OK. The town has to make sure, as a board, that we are not liable as a town. The town has to follow up with this with the Town Attorney. Mr. King gave out his business card to board members.

Mr. Smith stated that our existing regulations are prohibiting people from doing the right thing. He stated the health department allows you to go up to the same level of non-conformance to put in a system.

Council Member Manning stated we want to make sure that the system complies with the setback issue.

Council Member Long stated we are in support of this.” He wanted to make sure the town is not liable. Supervisor Selmser stated it is his intention to have a conversation with the APA.

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

Council Member Long noted the correspondence from the Caroga Arts Collective. They want to reserve some dates for next summer. Council Member Long made a motion to….

Supervisor Selmser didn’t know if all board members received the information. The clerk did include it with the meeting packet. Supervisor Selmser thought it would be discussed next month.

The clerk discussed the time frame to enter into the Humane Society Contract for 2020 with Lori Mithen-DeMasi an attorney with the Association of Towns. Relatedly this agreement with CAC constitutes a governmental purpose and thus a 2020 contract should be signed by the Board as constituted in 2020. Council Member Long stated he just wanted to reserve some dates. Council Member Manning didn’t think this was a contract. The clerk responded that money would be changing hands and noted that this board would be changing. Council Member Manning stated the next board can change all the dates.

Council Member Long moved to set aside the dates of July 4th weekend, July 18th, August 1, 8, and 15 and July 25th. Council Member Manning seconded that. Council Member Glenn thought this was something that should be taken up in 2020. Supervisor Selmser stated this was not a commitment but a possible use. They have to provide the town with a use document and that has not been received until the town receives that the board can’t take action on it anyways. Council Member Manning stated this was informal we want to reserve the date. If others came to the town in the next few months they would come first. Supervisor Selmser confirmed that this is not a resolution. But if the board approves then any future board would have to take action on it and confirm the dates and fees that would be established for use at that time and until the town has the use document. All board members were in favor except Council Member Glenn who abstained.

Correspondence:

Resignation of Pete Welker member of the Board of Assessment Review

FC Local Law opting out of §487 NYS RPT Law Exemptions for Solar Farm Projects

Caroga Transfer Station Closed Columbus Day Monday 10/14 Open Tuesday 10/15 8 – Noon

5th Annual Local Gov. Innovation Conf. 10/18 Empire State Plaza

Marshall & Sterling notice October 9th Deadline to complete the required NYS Sexual Harassment Training

Request for refund of zoning fee by Edna Bennett

Bankruptcy Court Notice re: Ditech Holding Corp et al.

Workers Compensation 3rd Quarter Assessment

Mohawk Valley Economic Dev. District Sat. 10/19 Climate Smart Community NYSERDA Solar & LED Streetlight conversion. 9 – 2:30 $15pp Lunch.

Caroga Transfer Station Closed Monday 11/11 open 11/12 8 – noon

US Census 2020 needs workers $17 per hr. & mileage

Supervisor Selmser stated in prior meetings the board discussed budget considerations. A document labeled proposed with the date of 10/8/2019 with updated information was on the board room table for the board members. A discussion on various aspects of document took place.

The Board decided to hold another budget meeting on Wednesday October 16 2019 at 7 pm. Council Member Kirch will not be available on that date.

RESOLUTION#2019-104 to set a budget work session was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, the board desires to hold another budget meeting, now therefore be it

RESOLVED, that the Town of Caroga shall hold a budget meeting on Wednesday October 16, 2019 at 7 pm at town hall.

Seconded by Supervisor Selmser

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

Council Member Kirch had one thing budget related since he won’t be here. At the last meeting there was a discussion on compensation for the town clerk. Council Member Kirch took action and contacted a consulting firm that specializes in compensation studies and analysis. It is Pinnacle Consulting. They did the work for both Gloversville and Johnstown. A proposal was sent out to the board it stated the minimum fee is $1,500.00 they typically take 4 – 6 hours to do one position at a rate of $150.00 per hour. The town can get two positions done with their minimum fee. Council Member Kirch recommended doing the two elected positions - Highway Superintendent and the Town Clerk role and to get both of them assessed so we can be confident that those positions are being paid appropriately. He did not think anyone’s pay was going to be reduced. He thought that would be wrong. If someone is under paid obviously we want to consider making a change. Council Member Kirch recommended budgeting $2,000 for this next year. Supervisor Selmser stated his opinion previously stating that he gathered information from other communities in Fulton County. He thought this may be a questionable way to spend the money. It would give us an outside opinion and may be a good investment to have the information to make a fair judgement in the future. The clerk asked where this money would come out of (which line item) Council Member Kirch stated that was a question for the supervisor and budget director.

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

Council Member Long made a motion to accept the minutes of the 9-11, and 9-25 meetings seconded by Council Member Manning. All board members were in favor of the motion.

RESOLUTION #2019-105 to Set Trick or Treat in the Town of Caroga was offered by Council Member Kirch at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, the Wheelerville Union Free School contacted the Town Clerk Linda Gilbert to discuss the date and time to conduct Trick or Treating in the Town of Caroga, now therefore be it

RESOLVED, that the board agrees that the Town of Caroga shall hold Trick or Treat on Thursday October 31, 2019 from 6 – 8 pm.

Seconded by Council Member Long

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

At 8:34 pm Supervisor Selmser made a motion to enter into an executive session regarding a couple of personnel issues that he wanted to bring the board up to date on. The motion was seconded by Council Member Long. All board members were in favor of the motion.

At 8:47 pm Council Member Long made a motion to exit from the executive session. Council Member Manning seconded the motion. All board members were in favor of the motion. Council Member Long stated, “And there was of course no action taken.” Supervisor Selmser repeated - “no action taken.”

Supervisor Selmser stated the one issue he briefly discussed with the town clerk – Linda regarding reimbursing Mr. King “we probably should do that in a resolution.” The clerk stated yes that is a decision.

RESOLUTION #2019-106 to reimburse Mr. King was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on Wednesday October 9, 2019 at 7 pm at Town Hall.

WHEREAS, the board entered into an executive session to discuss two personnel issues this evening, now therefore be it

RESOLVED, that the Town of Caroga shall reimburse Mr. Chad King up to $500.00 for any and all dental expenses he incurred in the year 2019.

Seconded by Council Member Long

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

At 8:49 pm Council Member Long made a motion to adjourn. Supervisor Selmser seconded the motion. All board members were in favor of the motion.

Respectfully Submitted,

Linda M. Gilbert, RMC, CMC

Caroga Town Clerk

General #’s 284 - 322 $12,763.63

Highway #’s 165 -172 $ 2,265.90

General Park #’s 41 – 46 $ 1,013.99

Prepaid #’s 225 – 242 $27,762.23