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State of New York

County of Fulton

Town of Caroga

Minutes of a Caroga Town Board meeting held Friday October 25, 2019 at the municipal building located at 1840 State Highway #10 at 10:30 am with the following persons in attendance by roll call:

Supervisor James K. Selmser - Absent

Council Member John Glenn - Here

Council Member Jeremy Manning - Here

Council Member James Long - Here

Council Member Kent Kirch - Here

There were 12 members of the public in attendance along with the Town Attorney Greg Dunn.

Deputy Supervisor called the meeting to order by asking for the roll to be called. The salute to the flag followed.

The Deputy Supervisor stated we “have pending litigation and the purpose of this meeting is to receive counsel and discuss pending litigation pursuant to public officer law § 102 & 105.” Deputy Supervisor Long moved to enter into an executive session to discuss current litigation.

Council Member Manning seconded the motion. All board members were in favor.

Council Member Glenn wanted to talk about something, however Deputy Supervisor Long noted the board had gone into executive session to receive counsel from our attorney. Council Member Glenn asked that it be noted that there wasn’t going to be any public speaking allowed.

At 11:13 am Deputy Supervisor Long made a made a motion to exit from the executive session, the motion was seconded by Council Member Kirch. All board members were in favor of the motion. Deputy Supervisor Long stated that no actions were taken. The clerk reiterated no decisions were made. Deputy Supervisor Long repeated “no decisions were made.”

Deputy Supervisor Long offered the follow resolution.

RESOLUTION # 2019-110 to Enter into and Sign a Stipulation and Agreement to Settle the Lawsuit with Balboaa Land Development Corporation v. Town of Caroga Index No. 07599, and Authorize Dunn & Dunn, PLLC, by and through Gregory T. Dunn, Esq., to present the signed Stipulation and Agreement to the authorized agent of Balboaa Land Development Corporation for signature and thereafter to the presiding judge for approval, to be read into Court record and signed and entered by said judge as an order of the Court was offered by Deputy Supervisor Long at a special meeting of the Caroga Town Board held at 10:30 am on Friday October 25, 2019 at Caroga Town Hall.

WHEREAS, after due deliberation the Town of Caroga Town Board desires to enter into a Stipulation and Agreement to settle all matters related to the lawsuit entitled Balboaa Land Development Corporation v. Town of Caroga, Index No.: 07599 and to authorize its Deputy Supervisor, James Long, in the absence of Supervisor James Selmser, pursuant to the authority granted him under New York Town Law § 42, upon the terms and conditions provided therein, namely, that the donation of Sherman’s Amusement Park Property to the Town of Caroga by Balboaa Land Development Corporation, including the conveyance of all real and personal property and all the conditions placed upon the property and/or the Town in the Donation Agreement dated December 29, 2014, be rescinded, and that the parties to that agreement be placed in similar positions as they were prior to entering that agreement, i.e., that Balboaa Land Development Corporation will receive back all real and personal property conveyed to the Town and the Town will have no further obligation and be released from any condition, responsibility, or liability related to said agreement and/or concerning said real and personal property.

NOW THEREFORE, be it resolved by the Town Board of the Town of Caroga that the Town of Caroga shall enter into a settlement agreement with Balboaa Land Development Corporation upon the terms and conditions set forth in the Stipulation and Agreement attached hereto for reference and that the same shall be signed by James Long, in his capacity as Deputy Supervisor of the Town of Caroga, and given to Attorney Gregory T. Dunn to present for signature to the authorized agent of Balboaa Land Development Corporation and thereafter to present to the Judge presiding in the above referenced litigation for approval, to be read into the court record and signed and entered by said judge as an order of the Court.

Seconded by Council Member Manning

Roll Call Vote:

Deputy Supervisor Long – Aye

Council Member Manning – Aye

Council Member Glenn – Opposed

Council Member Kirch – Aye

Deputy Supervisor Long stated the resolution passes.

Council Member Glenn noted that he was notified or called by three different residents in our community about political signs. They have been trashed. That is illegal – federal law. If you can’t play the game don’t get in it. He wanted this on the record. If anyone gets caught they will be prosecuted.

The clerk noted that in the resolution that was made on the 23rd with Mr. Livingston… Deputy Supervisor Long stated the clerk’s name was accidentally omitted from the text of that resolution.

RESOLUTION # 2019-111 to amend Resolution #2019-108 where the town clerk Linda Gilbert’s name was left off was offered by Deputy Supervisor Long at a special meeting of the Caroga Town Board held at 10:30 am on Friday October 25th 2019 at Town hall.

WHEREAS, the resolution #2019-108 was previously adopted on Wednesday October 23, 2019, and

WHEREAS, the clerk asked the deputy supervisor and town attorney, prior to the meeting, who drafted the resolution, and

WHEREAS, the clerk Linda Gilbert had been listed as a respondent/defendant in said petition by John Livingston against the Town of Caroga, the Town of Caroga Town Board but not listed in paragraph four of resolution #2019-108 which authorizes Dunn & Dunn, PLLC, to represent the Town, it’s Board and Board Members in any and all ways in the above referenced litigation matter,

Now therefore be it RESOLVED, that the resolution shall be amended to read the Board authorizes Dunn & Dunn, PLLC, to represent the Town, it’s Board, Board Members and Linda Gilbert in any and all ways in the above referenced litigation matter,

Seconded by Council Member Manning

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

Also the clerk noted when typing the minutes of the Wednesday October 23rd 2019 meeting the first paragraph says after due deliberations the town board has approved Dunn and Dunn etc. etc. as legal counsel for the town in the matter of John Livingston petitioner against the town.

The Town Clerk was served with the lawsuit on October 17 at 2:39 pm. The meeting was held on the 23rd when did the board deliberate? The Town Clerk just would like to hear the board actually have a conversation on the record on the subject that they are deciding upon. You already had it right there in the resolution. The Town Clerk thinks the public deserves that too. You said after due deliberations I did not hear them. A resolution is put forth, I would like to hear someone say would you like to have Dunn & Dunn represent us?

Council Member Manning stated that is what the resolution is asking. There is room for the deliberation in the discussion when you make a resolution. “It happens after it’s seconded.”

The clerk thought the subject matter should be brought up. The board should state what they are going to discuss.

The clerk stated Mrs. Holliday had a question. The Deputy Supervisor Stated the board was not going to entertain either questions or comments “we have pending litigation.”

The clerk stated the seniors would like to hold a bake sale in the hallway during the voting. In the past it was approved. Mrs. Holliday wanted make sure it was OK.

RESOLUTION #112 to allow the Nick Stoner Seniors to do exactly what they have in previous years as long as they do not obstruct flow of traffic in the hallway was offered by Deputy Supervisor Long at a special meeting of the Caroga Town Board held at 10:30 am on Friday October 25th 2019 at Town hall.

WHEREAS, Shirley Holliday discussed with the town clerk the desire of the Nick Stoner Seniors to hold a bake sale during the upcoming Election Day on November 5, 2019, now therefore be it

RESOLVED, that the senior club is allowed to hold the bake sale as long as they do not obstruct flow of traffic in the hallway.

Seconded by Council Member Kirch

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

At 11:28 am Council Member Manning made a motion to adjourn, seconded by Council Member Glenn. All board members were in favor of the motion.

Respectfully Submitted,

Linda M. Gilbert, RMC, CMC

Town Clerk

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