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State of New York

County of Fulton

Town of Caroga

Minutes of a Caroga Town Board meeting held Wednesday May 12, 2020 at the municipal building located at 1840 State Highway #10 at 7:00 pm with the following persons in attendance by roll call:

Supervisor Scott Horton - Here

Council Member John Glenn - Here

Council Member James Long - Here

Council Member Richard Sturgess - Here

Council Member Donald Travis – Here

Supervisor Horton, Council Members Glen, Sturgess, and Travis were in the meeting room along with the Town Clerk, the Town Attorney Sal Ferlazzo also in attendance was Tor Shekerjian. There were 58 members of the public signed in using the meeting site ZOOM.com.

The pledge of allegiance was conducted. Council Member Glenn made a motion to waive the reading of the minutes, seconded by Council Member Travis. All board members were in favor of the motion.

Supervisor Horton gave a brief outline to the public about the resolution items to be presented.1) to Adopt Local Law #1 of 2020, 2) to have the supervisor sign documents regarding Morey Road, 3) the Lakes Management Committee, 4) Transfer duties back to the Town Clerk, 5) purchase computers, 6) well monitoring by CT Male, 7) Bike trail skilled Labor, 8) fill Planning Board vacancy, 9) advertise for back up maintenance person for town hall, 10) set wages for and advertise for secretary for Planning, Zoning, and BAR, 11) Accept bids for painting gym and shed, 12) Support Welcome to Caroga Brochure with funding of front page.

The supervisor asked that comments from the public be limited to 3 minutes.

Public Speaking

Don Travis announced that the North Bush Church food pantry is in need of goods. They will also accept cash donations to be used to purchase food for the pantry. To donate contact Lucille Unger or Jennifer Blowers before noon on 5/21. You can call Mr. Travis at (518) 835-6612 for more information.

Council Member Long is getting messages that people cannot hear the meeting.

Kim Hart – Spoke to Town Attorney Ferlazzo regarding a residency question as a seated Planning Board Member, and realized she needed her own representation. She read a letter which was given to all board members. There was a follow up letter to the May 11th letter also read to the board. Both correspondences are available to the public.

Mark Schachner Attorney for Kim Hart stated the letters summarize their position nicely. The 15 documents submitted clearly indicate her legal residency and legal domicile.

Mr. Shekerjian asked everyone not speaking to mute their microphones.

Attorney Schachner has been involved in similar cases. He knows that sometimes it is a tough judgement call. He believes the documents presented show Kim Hart qualifies to remain a member of the Planning Board both when she was appointed and continuing to this date. In light of this evidence he didn’t believe the town would want to expose themselves to a legal vulnerability. His position is she has fulfilled the criteria of legal residency. Recognizing that does not require residing here 365 days, 24 hours a day, 7 days a week. He believes legally there isn’t a vacancy, thus there is not a position to fill.

Attorney Ferlazzo asked if this was his full presentation. He stated he wanted to make sure you have a full and fair opportunity to state whatever you need to state. Attorney Ferlazzo stated both letters were immediately forwarded to the board members after he received them.

Attorney Schachner stated “the one word answer is, yes.” He noted a previous case that was expense and he ultimately prevailed. He typically represents towns. He stated in response to Attorney Ferlazzo’s question “yes, that’s our position.”

John Livingston stated on January 10, 2018 when Kim hart was nominated for the Planning Board she listed her address per the town board minutes, as 470 N. Shore Road Gloversville. As far as evidence there wasn’t a foot print there (at that location) until the middle of March. This is a waste of time. It is transparent.

Council Member Long wanted to respond to Mr. Livingston’s comments.

Supervisor Horton stated it is time for the public to have the floor and address the town board. This was not a debate, and Council Member Long’s concern was appreciated.

Richard Nilsen introduced himself as the historian for the Town of Caroga. He writes about the town in a column “My Adirondack Corner” he wondered if the town wanted to commit to spending money for litigation to removing a sitting board member.

Rick Gilmour – Planning Board Member wanted to voice his support for Kim Hart. She is a very good board member. She attends training. He wondered why with 7 months left in her term she would be removed.

Doreen Ford asked if we are applying the same standards to all board members on all boards. Is this a precedent sident we are willing to establish? Supervisor Horton hopes to address these questions in the resolution.

John DonVito – is in the business development/improvement business. From a business perspective Planning Board members draw experience from certain areas – law, engineering, real estate and commercial development. He asked the supervisor what his rational is for this.

Attorney Ferlazzo noted this was discussed last month. She has not been removed from the board. He was asked to investigate the situation by the board. The board has to determine whether there is a vacancy. It is a legal question which they need a factual tourniquet for. There’s been a demonstration by Ms. Hart and her attorney that she is a domicile. Attorney Ferlazzo will give his report to the board so they can make this decision.

Attorney Ferlazzo noted in Attorney Shatner’s Schachner letter he references a case but there is no case that he cited. After the public session is finished Attorney Ferlazzo will discuss his research to the board.

Council Member Long sees several people who want to speak. Mr. Shekerjian noted no one was muted from our end.

Lynne Delesky got a message that the host had muted her. Two things: She thanked whoever cleaned up the garbage along Route 29A. It is very much appreciated. 2) The front door at town hall is rotting away because no preservative has been put on the door. She asked if there were any plans to get some preservative on the door. Council Member Travis stated it is being worked on now.

Randy Snyder asked why is the town board not accepting Kim’s residency when it far exceeded the criteria that has been used in other counties and anything that has ever been requested in the Town of Caroga.

At 7:27 pm Supervisor Horton closed the public portion of the meeting.

Dan MacIvor was allowed to speak. He asked everyone who was not speaking to click mute on their devices. He stated there were some very good and specific questions asked of the board. He would like to hear answers to those questions. When will he have an opportunity to hear answers to the questions posed to the board? Supervisor Horton stated the board will deliberate and the public can stay and listen in.

At 7:28 the public session was closed.

Department Reports:

Wheelerville Bike Trail- Jeremy Manning reported there are boots on the ground. They are working to lay out the trails. He spoke to the individuals who will be working on the trails and they are excited to begin as soon as they possibly can. He thinks they will begin the end of June the beginning of July. He asked the board to hire his staff tonight. The portion of time spent on the project already counts toward the grant. Every hour he spends on the project he counts he has put in 40 hours toward the grant.

Assessor’s Report – No Report

BTI – Mr. Delesky stated the black flies are out. They have put in 100’s of hours in. They have already used more material to this point than they have all of last year. There has been a lot of water/rain. He has treated the golf course 4 – 5 times already this year. The Supervisor stated he hasn’t heard any complaints from the golfers.

Clerk/Tax Collector/Registrar/RMOThe clerk’s monthly report was given to the board. The clerk discussed waiving the late fee on dog licenses since there aren’t regular hours at town hall at this time. Tax Collection is ending on May 15th. The Clerk/Records Management Officer reminded all department heads to follow the MU1 retention schedule guidelines. Any records to be destroyed or purged from systems or files need to be documented. Help was offered for anyone who may need it.

Council Member Glenn made a motion to waive the late fee for dog licenses due to the current (Covid-19) situation. The late fees will be reinstated beginning July 1st, 2020. Council Member Sturgess seconded the motion. All board members were in favor of the motion.

Code Enforcement & Sanitation – Supervisor Horton read from a report submitted by Mr. Duesler that over $200,000.00 in valuation was permitted for the period of 4/1 to 4/30/2020. The office is extremely busy. The code officer has been diligently working from home and from the office with the assistant. A new code book went into effect yesterday.

Dog Control – No Report

Golf Course – No Report - The Supervisor noted the revenues are a head this year to date as compared to last year. He is down one person because of the governor’s rules.

Highway – Mr. Voght did not join the meeting in house tonight in order to keep the numbers down in the room. He is requesting that the mechanic be brought up to full pay. Irving Pond Road was paved with millings. The paving machine was rebuilt. On Monday they will go back to full staff. He has saved the town $16,000 by not contracting out and by reclaiming the road themselves. They have not received the CHIPS funds yet it was noted.

Lakes Management Program – Council Member Glenn reported that he received an email from John Olm earlier today. It was a draft press release for the start date of the lake stewards, and boat wash station. Mr. Centi was also contacted. He will start the weed harvesting program on June 1st. The press release will go out to various newspapers.

Town Hall Building – Council Member Travis stated the maintenance man will begin sanding down the door. The school will be contacted about using their equipment to strip and wax the meeting room floor.

Youth No Report

Historian – No Report

Parks, Lakes, Recreation, Tourism commission – Mr. Centi reported there is a new Facebook page. Their first meeting is scheduled for May 27th at 7 pm via ZOOM. He spoke with DEC today the state campground will possibly open June 1st. They are being evaluated for safety distancing etc. DEC will be stocking over 1500 fish on Canada Lake, and on East Caroga Lake about 900 rainbows – 8-9 inches in size.

Supervisor’s Report

Supervisor Horton again thanked first responders, healthcare providers, essential workers, grocery clerks, town employees and the many more that are out there putting their health at risk to provide services and keep the economy going.

The good news is that the town got by the first quarter of this year in budget. Fulton County is not in the first phase of opening up. He asked everyone to continue to follow the health guide lines as this is important to recovery and allowing us to move through the phases so we can dine out and open back up.

As we enter the second quarter the signs are both positive and not so positive. The golf course revenue is ahead of last year. The Highway is running more efficiently, and code department is active at expected levels. We know that the second quarter sales tax will take a hit. With that in mind he asked the board to approve expenditure less than what are budgeted for the next few months and possibly beyond. The one expenditure he can see be cut is street lighting. He is exploring a program that may save the taxpayers money immediately and into the future.

Realizing the impact that the COVID -19 epidemic is having on our community the Supervisor has contacted our representatives and suggested ideas to help our community keep safe.

In these difficult times he has seen people helping other people. Let us remember that the future is what we make of it. We still have a plan for it, and take steps forward every day to do what we can to make things a little bit better for everyone.

Old Business:

  1. Franchise agreement - no new information.

  2. Lighting project – gathering more information. Interviewed Real Term Energy, a specialized engineering firm that specializes in street lighting. The Supervisor wants to compare the value propositions between them and the NYS Power Authority proposal. We need professional assistance to guide us through selection and cost savings. They have done over 300 street lighting projects in the Northeast.

Council Member Long requested the list of correspondence received be read. Supervisor Horton listed the following correspondence.

Correspondence:

Fulton County Workers Compensation 1st Quarter report

Notice of Bankruptcy Fetrow

Appolo Heating scheduled maintenance may be delayed

Transfer Station on Summer Hours Open Mon & Fri 8 – 4 Wed 4-8 pm Sat 8 - noon

Thank you from NLH for donation and support of community. The town donated 400 dust masks to the hospital.

Thank you from Museum for $4,000 donation

Catholic Charities offered their help to update the town smoking policy. The town policy was last updated in 1990.

Retirement reporting has some glitches in. The Supervisor stated it is being taken care of.

Resolutions:

Attorney Ferlazzo reviewed the SEQR process for the Local Law #1 of 2020. The Short Form, the environmental assessment form, was signed by the Supervisor acting as the applicant/sponsor today. This indicates what he believes is consistent with the local law. This law requires written notice to the town for any damages or injuries to personal property sustained by reason of Highway, bridges, streets, sidewalks, cross walks, or culverts defective or deemed unsafe or obstructed. This broadens the law to be consistent with the laws in New York State. The Town Board goes through part two to determine by way of review if there is in fact any environmental impact exist. The Attorney reads the document. All boxes were checked no but the board can override that.

RESOLUTION #2020-063 to accept SEQR determination proposed Local Law #1 2020 was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the Town Attorney has prepared and reviewed with the board the questions on the SEQR short form as it pertains to Local Law #1 of 2020, now therefore be it

RESOLVED, that this action results in a negative declaration to the environment, and does not require a positive declaration or any future impact studies, and be it further

RESOLVED, that the Supervisor is authorized to sign this document on behalf of the town.

The motion was seconded by Council Member Long

Adopted by a vote of 5 Ayes, Horton, Glenn, Long, Sturgess, Travis

RESOLUTION #2020-064 to repeal Local Law #1 of 1977 and to adopt Local Law #1 of 2020 to provide for the written notification for defects and obstructions on town highways, bridges, streets, sidewalks, crosswalks, and culverts in the Town of Caroga was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Caroga for a public hearing to be held by said Town Board on April 15, 2020 at 7:00 p.m. at the Town of Caroga Town Hall to hear all interested parties on a proposed Local Law entitled Local Law No. 1 of the year 2020 to repeal Local Law 1 for the year 1977 and to enact a Local Law to provide for the written notification for defects and obstructions on town highways, bridges, streets, sidewalks, crosswalks, and culverts in the Town of Caroga.

WHEREAS, notice of said public hearing was duly advertised in the official newspaper of said Town of Caroga, and

WHEREAS, a public hearing was duly held on April 15, 2020 at 7 p.m. at the Town of Chatham Caroga Town Hall which was held remotely due to the Governor’s Executive Orders and all parties in attendance remotely were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and

WHEREAS, the Town Board of the Town of Caroga, after due deliberation resolves as follows:

NOW, THEREFORE, BE IT RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act (SEQRA), the Town board of the Town of Caroga declares itself as Lead Agency and further determines that the adoption of Local Law No 1 of 2020 would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQRA and therefore, issues a negative declaration with respect to the enactment of such Local Law, and finds it in the best interests of the Town of Caroga to adopt said Local Law, and

BE IT FURTHER RESOLVED that the Town Board of the Town of Caroga hereby adopts said Local Law known as Local Law No. 1 of the year 2020, as follows:

Section 1. No civil actions shall be maintained against the Town or Town superintendent of highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous, or obstructed condition of such highway, bridge, street, sidewalk, crosswalk, or culvert was actually given to the Town Clerk or Town Superintendent of highways, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger, or obstruction complained of. No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of highways and there was failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

Section 2. The Town Superintendent of highways shall transmit in writing to the Town Clerk within ten days after the receipt thereof all written notices received pursuant to this local law and subdivision 2 of section 65-a of the Town Law. The Town Clerk shall cause all written notices received pursuant to this local law and subdivision 2 of section 65-a of the Town Law, to be presented to the Town board within ten days of the receipt thereof or at the next succeeding town board meeting whichever shall be sooner.

Section 3. This local law shall supersede in its application to the Town of Caroga subdivisions 1 and 3 of section 65-a of the Town Law.

Section 4. This local law shall take effect immediately upon its filing in the Office of the Secretary of State.

Section 5. If any clause, sentence, paragraph, word, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.



BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Caroga and to give due notice of the adoption of said Local Law to the Secretary of State of New York.

Seconded by Council Member Travis

Adopted by a roll call vote as follows:

Supervisor Horton – Yes

Council Member Glenn – Yes

Council Member Long – Yes

Council Member Sturgess – Yes

Council Member Travis - Yes



Supervisor Horton announced there is light at the end of the tunnel on the Morey Road project. Attorney’s Dunn & Dunn sent over agreements to sign on behalf of the town. This will result in of the town taking possession of the properties. They have been legally defined. Attorney Ferlazzo was asked to explain the situation which he started work on years ago. Apparently there is a stipulation agreement which is wonderful. This project was started years ago. It is great Dunn & Dunn were as able to finish it off. Certain parties had agreed to the easement to allow Morey road to be extended others didn’t but eventually now everyone has agreed. They will be receiving some consideration, when you take private property – they are entitled to some consideration. The Nick Stoner Trailers will have their trail/town road. The Supervisor noted this is supposed to go to the judge on the 18th.

RESOLUTION #2020-065 authorizing the Supervisor to execute the settlement documents in the Morey Road Case was offered by Council Member Long at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, Attorneys Dunn & Dunn submitted papers to execute the settlement documents in the Morey Road case, now therefore be it

RESOLVED, that the Town Supervisor is hereby authorized to sign the settlement documents in the Morey Road case.

Seconded by Council Member Sturgess

Adopted by a roll call vote as follows:

Council Member Glenn – Yes

Council Member Long – Yes

Council Member Sturgess – Yes

Council Member Travis - Yes

Supervisor Horton – Yes



RESOLUTION #2020-066 to enter into agreement with Fulton County Highway Department for a mowing contract was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the Town of Caroga received a contract to undertake mowing county right-of-ways once before June 30 & once before September 30 of 2020 on County Roads designated as follows: 111, 112 137S, and 137, for a total of 7.28 miles at a price per mile of $425.00, now therefore be it

RESOLVED, that the town accepts the agreement as written for a total contract price of $3,094.00, and be it further

RESOLVED, that this agreement expires on October 31, 2020.

Seconded by Council Member Long

Adopted by a vote of 5 Ayes, Horton, Glenn, Long, Sturgess, Travis



Supervisor Horton announced the appointment of 6 members to the Lakes Management Committee. Council Member Long stated he opposed to this. This is a committee he created he said. He has the experience to work on this committee. He wanted to go on record as saying this is very strange, very counterproductive. Supervisor Horton noted Council Member Long has given a lot to the town in regards to the lakes management committee, and noted the members serve for one year. The Supervisor stated he wanted to be more involved in this for a year. It was stated that Council Member Long was replaced on the committee not removed. Council Member Long reminded the board that he wrote the successful grant. He was welcome to join the meetings as an observer.

RESOLUTION #2020-67 to appoint 6 members to the Lakes Management Committee: was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the members would be John Glenn – Chair, Marcus Harrison – Vice Chair, Mike Durkee, John Olm, Gene Centi, and Scott Horton now therefore be it

RESOLVED, that this committee shall consist of these 6 members.

Seconded by Council Member Sturgess

Discussion: Council Member Long noted Council Member Glenn has no experience in limnology. He believes the same goals can be accomplished if Council Member Glenn were replaced with him. Council Member Long offered an amendment to substitute his name for Dr. Glenn’s. Hearing no second the amendment did not pass.

Adopted by a roll call vote as follows:

Council Member Long – No

Council Member Sturgess – Yes

Council Member Travis - Yes

Supervisor Horton – Yes

Council Member Glenn – Yes

After this was put on the agenda Supervisor Horton was notified by Council Member Long that he owns the town website and that he controls the information on the website, and that he produces the “News Flash.” At one time the clerk was the webmaster. It was noted that the resolution from January of 2019 appointing Council Member Long was never voted on.

The Supervisor wanted to get this squared away. The Supervisor noted the need for timely and accurate posting on the website is critical. He proceeded in reading the reasons from the resolution below for the change. The Supervisor wanted to resolve whether or not Council Member Long owned the website domain/name or does the town. When asked the question Council Member Long responded “that is public information.” He stated he owns it. He has a copyright and trademark on the News Flash. Council Member Long made a comparison of the website to a newspaper being the newspaper of record. He noted he does it as a volunteer and pays for it all out of his pocket. Council Member Long stated the town clerk had a Facebook page that is hers under the name Town of Caroga. Supervisor Horton was concerned that the town should own its own domain name, and the town should control the information. The continuum of the website should go on no matter who is in office. So the public can rely on it. Council Member Long noted the navy convention. The website would have a ny.gov address. He thought it was a reasonable way to proceed.



Resolution #2020-068 to create the job duty of Web Master at the rate of $60 month, and to appoint Linda Gilbert the Town Clerk to assume these duties was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS the timely and accurate postings of Town business and critical notifications on the Town Web site are critical to the Town and

WHEREAS, the Town Clerk is usually the first to know important information that should be posted to the web site and,

WHEREAS, the duties of Town Clerk include the accurate recordkeeping of Town business and,

WHEREAS, the Town Clerk’s office is open and available more hours of the week than any other department and,

WHEREAS, the most effective management and administration of the Web Site would be in the Town Clerk’s office on a Town owned computer and not off site, now therefore be it

RESOLVED, that the town shall procure a town of Caroga.gov domain name, and create a webpage for that domain name and create emails using that domain name for elected officials and town officials. And be it further

RESOLVED, to have the webmaster put information on this for the town’s people to be the town clerk, with authorization of the expenditure of up to $1,000.00.

Seconded by Council Member Glenn

Discussion: Council Member Long did not understand what the resolution says. The Supervisor explained that the town would have its own domain name and that the Town clerk would be the webmaster of the webpage. It was noted that in the future our emails will change. Council Member Long did not like how the previous website looked. He has been working on the internet before it was called that. Supervisor Horton asked if Council Member Long objected to the town owning its own domain name. He did not object to it. It is a logical thing to do. He did not think the town has the resources to create and maintain other than his labors on his website. He noted most agency records are electronic. Council Member Long wants to see a higher level of performance on the website and his competency made it a higher level than the town clerk’s level. Council Member Long agreed that was a reasonable statement. The clerk welcomed assistance from Council Member Long in setting up the town website. He stated he will put his efforts into maintaining his own site. Mr. McIntosh could help with this project as he has done before. Tor Shekerjian could also assist perhaps. The Supervisor’s reservations were with ownership and continuity. Council Member Long asked if Council Member Travis really understood what was being voted on. Council Member Long was concerned about the expense to start up a webpage. Council Member Travis stated he believes the site should be owned and operated by the town. Right now Council Member Long is running the site privately he owns it. Council Member Sturgess believes computers belong in the street. He stated Council Member Long has no right to the website. It is absurd that the town does not own it.

Adopted by a roll call vote as follows:

Council Member Sturgess – Yes

Council Member Travis - Yes

Supervisor Horton – Yes

Council Member Glenn – Yes

Council Member Long – No (because of the fiscal crisis due to the COVID virus)

RESOLUTION #2020-069 to modify the budget was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the Budget director has indicated a need to maintain a balanced budget and

WHEREAS, resolution #2020-068 has a salary to pay for a webmaster services, now therefore be it

RESOLVED, to make the following transfer:

From: Grant writing A1010.4 or A1010.41 $360.00

TO: Town Clerk P. S. A1410.1 $360.00

Seconded by Council Member Glenn

Adopted by a roll call vote as follows:

Council Member Travis - Yes

Supervisor Horton – Yes

Council Member Glenn – Yes

Council Member Long – No (as we are heading into a fiscal crisis)

Council Member Sturgess – Yes

Resolution to appoint Karen Dutcher to the Planning Board with the assumption that there is a vacancy, due to a question of residency from the appointment back in January 2018.

Attorney Ferlazzo thought there should be two motions. The town needs to determine if there is a vacancy. A month ago the Attorney Ferlazzo began researching if Kim Hart is a resident. In a letter to the clerk last month from Kim Hart it is obvious that she is a vibrant and very active member of the community. The board last month asked the attorney to look into this matter. Attorney Ferlazzo spoke to Kim Hart and wrote her an email on April 21st asking for a large number of documents. There were 13 requests and he would like her answers and put them into an affidavit form. The issue of domicile is twofold – the intent which is subjective and a sworn statement is the best proof of that. Then there is the objective which are all the records, voting, registration, utilities bills things that show you do in fact live there. You have to live there and you have to reside there. You just can’t say I reside there. When he wrote to her she was pleasant. When she was appointed in 2018 her address is in the resolution was stated as 470 North Shore Road Gloversville NY. That address is outside of town. He wrote to Kim Hart on April 28 asking for her domicile as of the date of the appointment on January 10th. At the time of her appointment she had not purchased 250 S. Shore Road.

Council Member Long interrupted begging Supervisor Horton’s indulgence here. Attorney Ferlazzo wanted to continue with his report. After the report the supervisor is anxious to learn why Council Member Long proposed a person from out of town to be on the board. Attorney Ferlazzo continued – the research indicated that a vacancy occurred because a person from outside the town was appointed. Now there are two questions at that point was she a resident currently at 250 S. Shore and he asked for information about that and also he asked for additional information including her 2017 tax return again to show specifically whether or not she was a resident of Caroga on January 10. 2018. He asked her for the information by the 11th so he could write to the Town board on the 12th and give them a chance to digest and review everything. Attorney Ferlazzo did not hear anything whatsoever from Kim Hart. A reminder email was sent out on May 5th. He said to give him whatever she had, this is your opportunity to be heard – it is called due process. She did not have to submit an affidavit but could submit whatever she wanted. Likewise Attorney Ferlazzo asked Attorney Schachner if he had submitted what he wanted. An hour before the deadline a two page letter was received the Miller, Mannix, Schachner & Hafner Firm. They did not submit any documentation whatsoever. They reference licenses, tax returns, and marriage applications. Interestingly real property deeds bearing her Town of Caroga address. In his report to the town board Attorney Ferlazzo noted the absence of documentation. But today we did and even if it is late it should be considered by the board fully out of fairness. Again today Attorney Ferlazzo asked Attorney Schachner if he had any additional information. Yesterday without documentation it is hard to make a recommendation, but based on the documentation he received it appears that she is currently a resident in a domicile of the Town of Caroga. The property at 250 S. Shore Road was purchased in September of 2018. After that date the documents and representation she has made that is there. However there is overwhelming proof that she has never responded to that she was not a resident in domicile on the date of her appointment. The appointment itself by the prior board virtually admits that she was not in fact there was a discussion with Council Member Long stating she votes here, he did not know if she lives here, and when she is not here she lives on Peck Lake. This was supposed to be looked into but that did not happen. Attorney Ferlazzo did specifically ask Kim Hart for proof of her domicile at the time of her appointment on January 10, 2018.

Attorney Schachner submitted new material showing the 2018 tax return which does indicate South Shore Road. But again the issue was what was her residency prior to her purchasing the property at 250 South Shore Road. Attorney Ferlazzo noted this is not a criminal action this is a civil action. A party who has a position has an opportunity should present the proof. There is not one shred of documentation to show that. Not even one. He references Deeds but the deed are well after she bought 250 Ss. Shore. Attorney Ferlazzo also noted another deed from 2014 for property in the town with that also gives her address as 470 North Shore Road Gloversville. In light of the overwhelming proof and the representation by the prior board that she did not live in the town and in light of the Deeds that she used in address not in the town. And in light of the fact that she did not buy the property on South Shore until nine months later and especially in light of the fact that she did not submit a scintilla of evidence not a shred of a anything to show her domicile in January of 2018 he thinks the proof is overwhelming and it's up to the board to make their decision. But based on his investigation and the proof is overwhelming that she was not a domicile residence as of the date of the Town board resolution and as proven by the town board resolution and it was never supplemented or modified by her or any of the other board members remember to where they were there at the time.

It took her a while to find someone. That is why she did not get back to Aattorney Ferlazzo for lasso. Supervisor Horton paraphrased what Ccouncil Mmember Llong said as the town board should consider the competency of the Town board's Council versus the competency of Kim Hart's counsel. Not at all was Ccouncil Mmember Llong’s response. He was asked to ask a valid question about domicile at the time of January 10th 2018. Council Mmember Long line is basing his basing his opinion on the Fulton County voter records. Supervisor Hortons stated voter records do not prove domicile. Council Mmember Llong did not understand why the supervisor wanted to make a decision tonight. He noted that Aattorney Schachner stated he does have evidence about domicile in 2018.

With all due respect Attorney Ferlazzo stated he specifically asked Attorney Schachner in the opening did he have any more information. His answer was no his letter said he may ask for a hearing. The discussion continued back and forth. Attorney Ferlazzo stated that council member Llong as a board member have to rule on things. He did note that it sounds like Council Member Long is more of a witness then an actual board member rendering an objective decision. Council Member Long was asked for final comments. He stated that he also heard third hand something about Supreme Court and that would be costly for this town.

Supervisor Hortons stated for years he had has heard threats of lawsuits to the town. Council Member Long stated the prudent thing to do is to allow all of the evidence to come in and allow Attorney Ferlazzo to look at all of the information. Kim Hart is not a legal scholar. We're asking her to serve as a Planning Board Member. We would certainly expect that her attorney would respond reasonably quickly.

Council Mmember Glenn stated the notes of that particular meeting January 10th sState her address as North Shore Road Gloversville New York. Council Member Long argued that was her mailing address. Council Member Long announced that Attorney Schachner wanted to join in.

Attorney Ferlazzo stated let the record reflect that there was a deadline. He talked to her on April 15th. Attorney Ferlazzo was in constant contact with her. There was no inability to find a lawyer. She chose to at the end. The board has excused the deadline and allowed all of this extra information in. Attorney Ferlazzo thought there was a delay tactic here more than just answering the questions which were very simple. Council Member Long stated just the opposite is going on the board is trying to rush this through.

Supervisor Horton stated this is not a trial or hearing. This has been a hot topic since January. It is not new. The Supervisor stated too much time has been spent on this and it should go to a vote. Supervisor Horton noted that Council Member Long is concerned with the budget but he has single handedly recklessly spent a lot of attorney council counsel time and money. The Supervisors time and research, and he believed it needs to be put to rest.

Council Member Long and Supervisor Horton continue to argue back and forth. The Supervisor stated he received numerous calls on the issue of Kim Hart’s residency. That is why he questioned this. The State Officers Law was reviewed. The Supervisors concern was if challenges were lodged on Planning Board decisions that they may be overturned because there was an illegally seated board member. Council Member Long questioned why this process was not gone over with all of the other board members. He thinks it is discriminatory. Supervisor Horton has not been presented with any other residency questions on any member of any board in this town other than one. The Supervisor asked the council member to please bring any evidence to the board if he believes there is someone else.

Attorney Ferlazzo is concerned that a town board member is attempting to undermine the proceedings of this town board.

Ms. Hart was given due process. She was given options, a deadline was set. The deadline was extended. And even today Attorney Ferlazzo said to Attorney Schachner, on purpose, because he knew this might come up, was there anything else you want to raise, and he said no. At this point his and her position is closed. It is too little too late the board has to make a decision. Attorney Ferlazzo cautioned Council Member Long as a board member that throwing words around like arbitrary and capricious are is unacceptable. It is an attempt to interfere with the lawful process of the board, and he im as a voting member should refrain from attempting to help someone else.

Council Member Long again stated that Attorney Schachner dearly wanted to speak. Attorney Ferlazzo recommended that the board vote as needed. (Council Member Long talking simultaneously)

RESOLUTION #2020-070 to declare by law a vacancy on the Planning Board was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the Caroga Town Board has discussed for several months the question of residency of a member of the Planning Board, and

WHEREAS, Attorney Ferlazzo has contacted the person in question, Kim Hart, and

WHEREAS, requests were made by the Town Attorney for certain documents to be used to determine the residency/ domicile at the time of the appointment on January 10, 2018 to the Planning Board, with the deadline extended, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to declare, by law a vacancy on the Planning Board.

Seconded by Council Member Glenn

Adopted by a roll call vote as follows:

Supervisor Horton – Yes

Council Member Glenn – Yes

Council Member Long – No *

Council Member Sturgess – Yes

Council Member Travis - Yes

*(Stating the meeting notice was not proper because the format of the meeting changed from Go to Meetings to ZOOM therefor subject to article 78)



RESOLUTION #2020-071 to appoint Karen Dutcher to the Planning Board was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, resolution #2020-070 was passed this evening declaring a vacancy on the Planning Board, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to appoint Karen Dutcher of XXX Morey Road Caroga Lake NY 12032 to the Planning Board and be it further

RESOLVED, that the term shall run until December 31, 2020.

Seconded by Council Member Travis

Adopted by a roll call vote as follows:

Council Member Glenn – Yes

Council Member Long – No *

Council Member Sturgess – Yes

Council Member Travis – Yes

Supervisor Horton – Yes

*(For reasons stated previously)

Supervisor Horton stated the board members were presented with three quotes for computers. He noted the difficulty in buying technical equipment and having apples to apples. A spec was put together by the confidential Secretary to the supervisor Tor Shekerjian. It was noted that the town clerk’s computer has been threatened. This is real and serious. The supervisor is not happy about spending the money. He does not want personnel files to be hacked or SS#’s and identities stolen. The computers are old. The middle bidder was Canada Lake Computers.

Mr. Shekerjian stated the three quotes came from: WillPower PCS Computer & Network Consulting Schenectady NY Osborne Computer Services of Johnstown NY, and Canada Lake Computer Services Inc. PC’s would be replaced in the Town Clerk’s office, The Supervisor, the Bookkeeper, & Code Enforcement. Mr. Shekerjian reviewed with the board the various costs, service, and warrantees offered by the three vendors.

Supervisor Horton noted we are paying $1440 (÷ by 5) more for the package but it is not apples to apples. The board has to use its best judgement. Council Member Glenn noted Canada Lake Computers is a resident of the town, and very competent at what he does.

RESOLUTION #2020-072 to purchase 5 computers was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the board has discussed the need to upgrade various computers used by town officials within the Town Hall building, and

WHEREAS, three quotes were obtained those being from:

Canada Lake Computer Services Inc. 2137 NY 10 Caroga Lake NY $8,120.20 + $294.00 annual cloud care

Osborn Computer Services 1 W. Main Street Johnstown NY $6,750.90

WillPower PCS Schenectady NY $8,190.79 + $1,200.00 annual Cloud storage

RESOLVED, that the Caroga Town Board does hereby move to purchase 5 computers from Canada Lake Computer Service Inc. of Caroga Lake.

Seconded by Council Member Travis

Discussion: Council Member Long was asked for his opinion. He thinks the town needs new computers but would like to see the sales tax revenue figures for the next quarter. We are expecting a shortfall that may be quite sobering. He did not see why we should risk a fiscal meltdown over this. HE noted that resolutions were passed that will cause additional monies to be spent. He thinks this will be a problem by the time we get to the budget in November.

Council Member Glenn noted we have been warned by the insurance company and the state to have secure computers. It was noted the code was hacked and the clerk’s computers was threatened. Council member Glenn thought it was eminent that we have to do something.

Supervisor Horton shared Council Member Long’s concerns about the budget. It was noted we have been able to save money. Security is one of the extremely important aspects of running town government. The Supervisor noted his is not a security issue he doesn’t have a computer. Council Member Long wanted to know the details about the compromised computers. The Supervisor noted the Code Officer put the details in his last three monthly reports.

Off topic the Supervisor noted the town has to update with the new building code. The cost is over $700 for the manuals. The software copies are free.

Council Member Long stated defective computers have to be addressed but out of date computers…. If we had more money we could replace them now. Absent any hardware failures we can put this off. It was noted the town is running Windows Operating 7 which is not being supported. Discussion continues on replacing the computers.

The Supervisor noted we were $9000 above last year’s sales tax for the last quarter. The second quarter is going to be a disaster. The 3rd & 4th quarters are unknown. The county is saying to prepare for a 30% decrease. The Supervisor is concerned but it will not break us. We could spend every penny that we have in the budget this year and still be solvent. We will still have to address problems in the future.

Mr. Shekerjian noted the auction of the three mowers generated $2,640 for the town. Mr. Shekerjian was complimented for saving the town $1,200 a year with better phone service. The Supervisor noted they are working on a lighting program and hopes to save $10,000 a year.

Adopted by a roll call vote as follows:

Council Member Long – No *

Council Member Sturgess – Yes

Council Member Travis – Yes

Supervisor Horton – Yes

Council Member Glenn – Yes

*for fiscal reasons. This is the first he has heard of a 30% shortfall. Worse than what he had been told previously. He thinks we would be prudent to wait.

Council Member Travis stated if the previous board had spaced out the purchase of computers we wouldn’t be in this predicament.

Council Member Travis discussed painting the gym walls and the shed outside. There is one quote for $8,400 from Fudger PaintingMr. Wager of Mayfield is only for the gym. The other is from Upstate Paining Co. PO Box 114 Caroga Lake NY 12032 owner John Stubley $5,400.00 if the town borrowed the scissor lift from the school the price could be reduced a little. To cover this expense Council Member Travis noted the Senior Citizens cannot go on bus trip so that is $4000 the town could use. Supervisor Horton noted there is $65,000.00 in the building line item. We have spent $12,000 - $14,000 to date. This could come out of that account. The supervisor would like to keep $40,000 on the line item. There is $500,000 in the bank. We still have to be prudent.

Council Member Sturgess thought it might be a good idea to wait until the sales tax numbers come out before we paint. That would be the end of June. The town has the paint this is just for the labor. It is an opportunity because Council Member Travis did not believe the kids would be here because the school is closed. Council Member Sturgess thought $4,000 to paint the gym was insane/expensive. The walls would be scraped and sealed and cracks filled with masonry caulk. Supervisor Horton would like to get the shed painted but the quote added the shed on if he got job to paint the gym. The person is a certified lead guy. The walls were tested and the paint is latex. Council Member Sturgess wondered at what point do we get it done. He suggested putting it up for a vote.

RESOLUTION #2020-073 hire painter to paint GymYM & Shed was offered by Council Member Travis at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, Council Member Travis procured two quotes to paint the gym at town hall, and

WHEREAS, the quotes were from Upstate Painting Co PO Box 114 Caroga Lake NY 12032 (518) 848-1728 to scrape, seal the walls, treat and remove any mildew fill all cracks in walls with masonry calk, spot prime, and paint the gym (town supplies paint) was $4,400 plus $1,000 to paint the shed, and Bill Wager of Mayfield NYAlbert Fudger 106 S. Melcher St. Johnstown NY 12095 for $8,400 to paint just the gym. Now therefore be it

RESOLVED, that the contract be awarded to Upstate Painting Co. PO Box 114 Caroga Lake NY 12032 in the amount of $5,400 with both jobs to be completed no later than July 1st 2020.

Seconded by Council Member Glenn

Adopted by a roll call vote as follows:

Council Member Sturgess – Yes

Council Member Travis – Yes

Supervisor Horton – Yes

Council Member Glenn - Yes

Council Member Long – No *

*for fiscal reasons again

Council Member Sturgess discussed a resolution to purchase the 1st page of the Welcome to Caroga booklet. He stated the businesses are struggling with everything going on with the CORONA Virus. He feels as a town they should help out the best we can for those who are advertising in the booklet. He thinks 20 people will be participating. Last year the town purchased the front page of the booklet for $250. This year they are asking the town to defray the cost of $25 off each advertiser. It was thought that about 4500 copies are printed. They are distributed through the Leader Herald and then placed around town.

RESOLUTION #2020-074 to contribute to the Welcome to Caroga Booklet was offered by Council Member Sturgess at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, Council Member Sturgess discussed with the board his desire to support businesses in the Town of Caroga, and

WHEREAS, a booklet has been printed and distributed through the Leader Herald for the past couple of years, and

WHEREAS, this year the town would buy the front cover and pay $25 of each advertiser’s cost to defray the cost, for a total of $840.00, now therefore be it

RESOLVED, that the Caroga Town Board does move to expend funds for the printing of this booklet to promote the Town of Caroga and support its businesses.

Discussion: Supervisor Horton felt it was symbolic and didn’t want it to continue next year.

Seconded by Council Member Glenn

Adopted by a roll call vote as follows:

Council Member Travis – Yes

Supervisor Horton – Yes

Council Member Glenn - Yes

Council Member Long – No *

Council Member Sturgess – Yes

*for fiscal reasons again

Supervisor Horton stated that a couple of resolutions would be skipped over this evening. It is 9:25pm.

Supervisor Horton stated the board already approved the job classifications of Senior Lead Trail Builder, Assistant Lead Trail Builder and Laborer. The Fulton County Personnel department approved the job titles in a civil service like fashion. The Supervisor signed off on it yesterday. Because this is a specialty skill set the board does not have to go out to bid on this.

RESOLUTION #2020-075 to hire seasonal Trail Builders was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the Town of Caroga has been awarded a 2019 Smart Growth Implementation Grant for the funding of the Wheelerville Trails project, and

WHEREAS, the Town of Caroga has created three seasonal Town positons for the physical construction of the Wheelerville Trails project,

WHEREAS, the Town of Caroga has submitted necessary descriptions of the seasonal positions to the Fulton County Personnel Department, and

WHEREAS, the Trail Director has interviewed individuals whose skills and expertise are consistent with the skills required of each of these positions, and

WHEREAS, the Town of Caroga wishes to begin construction on the Wheelerville Trails Project as soon as possible, now therefore be it

RESOLVED, that the Town of Caroga hereby moves to hire:

Eli Gleismann as “Senior Lead Trail Builder” to be paid at a rate of $25/h,

Justin Vesp as “Assistant Lead Trail Builder” to be paid at a rate of $20/h; and

Ben Huckaby and Jackson Phillips “Trail Laborer” to be each paid at a rate of $15/h.

Seconded by Council Member Long

Discussion: Council Member Long noted these employees are 100% reimbursed under the smart growth grant. So this does not have any negative fiscal impact on the town.

Adopted by a roll call vote as follows:

Supervisor Horton – Yes

Council Member Glenn - Yes

Council Member Long – Yes

Council Member Sturgess – Yes

Council Member Travis – Yes

Supervisor Horton and the Town Clerk have a conflict with meeting next month. Supervisor Horton hoped Council Member Long could join the board at that meeting. Council Member Long hoped the board would continue with either Go to Meeting or Zoom for the safety of all the citizens of Caroga.

RESOLUTION #2020-076 to change the date of the June Town board meeting was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the Town Supervisor and Town Clerk have conflicts with the date of the June town board meeting, now therefore be it

RESOLVED, that the Caroga Town Board shall hold the regular monthly meeting in June on June 17th the third Wednesday of the month at 7 pm.

Seconded by Council Members Travis and Long

Adopted by a vote of 5 Ayes, Horton, Glenn, Long, Sturgess, Travis

RESOLUTION #2020-77 To Contract with CT Male for Services was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday May 13, 2020 at Caroga Town Hall.

WHEREAS, the Town of Caroga desires to continue monitoring the site of the old landfill site, and

WHEREAS, CT Male of 50 Century Hill Drive Latham NY 12110 (518) 786-7400 has submitted a technical Services change order dated March 5, 2020, now therefore be it

RESOLVED, that the town board of the Town of Caroga approves the net Change in contract price due to this change order of $10,525.00.

Seconded by Council Member Long

Adopted by a vote of 5 Ayes, Horton, Glenn, Long, Sturgess, Travis

The clerk stated that she has been contacted by Catholic Charities regarding the town smoking plan. The clerk asked if they should be invited to the August meeting. The clerk was asked to contact them for a sample resolution of a smoking policy. The resolution on the books is from 1990 was a leader in its day.

The Clerk relayed a public service notice about the 2020 Census. As soon as the state feels it is safe for their staff to go back out in the field they will be delivering information door to door for residents to fill out online or via mail. Mr. Shekerjian stated you did not need a number to complete the survey on line. Supervisor Horton stated with this new information just received they want you to have a reference number before filling out the census.

Supervisor Horton and Council Members, Sturgess and Travis have signed off on the bills. One item had sales charged on the bill the tax will be removed.

Council Member Sturgess thought that Angie Meredith, Daniel Bartlett and Amanda Meredithdid the roadside cleanup on route 29A.

Council Member Glenn made a motion to pay the bills as presented for audit, Council Member Sturgess seconded the motion. The four board members Horton, Glenn, Sturgess, & Travis were in favor of the motion. Council Member Long abstained as he had not seen the bills. Last week the Supervisor and Council Member Long discussed scanning the bills to Council Member Long which would be voluminous.

Council Member Long noted he has not seen the minutes of the April 8th meeting marked final yet. They were not approved by the board.

At 9:35 pm Council Member Glenn made a motion to adjourn, the motion was seconded by Supervisor Horton all board members were in favor of the motion.

Respectfully Submitted,

Linda M. Gilbert RMC, CMC

Caroga Town Clerk

General #’s 145 - 167

Highway #’s 51 - 62

Prepaid #’s 87-109

General Park #’s12 -17

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