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State of New York

County of Fulton

Town of Caroga

Minutes of the Caroga Town Board meeting held Wednesday July 8, 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 Glenn, Sturgess, and Travis were in the meeting room also in attendance was Tor Shekerjian facilitating the ZOOM technology. There were 19 members of the public signed in using ZOOM at the beginning of the meeting and 2 more later on.

The pledge of allegiance was conducted. Ground rules for the ZOOM meeting were noted by Mr. Shekerjian. Everyone would be muted until the public speaking section of the meeting was open. The public was asked to send a chat message if they wanted to speak at the meeting.

Supervisor Horton announced the ground breaking ceremony for the new fire house was held on July 1st. It was unfortunate that Council Members Long and Sturgess were not notified of the event. The Supervisor stated there are a few resolutions on the agenda but nothing of note.

Public comment was opened at 7:02 pm.

Lynne Delesky asked the town board to consider continuing with zoom meetings if they decide to have in person meetings. She thought there were many people in the town that did not feel comfortable yet coming to town hall for meetings but they do want to participate through zoom.

Doug Purcell wanted to reiterate what Lynne Delesky said. He has looked at the executive orders for the open meetings law, every month since the month of March, the exemption has been continued. It currently expires August 5 he thinks it might be extended through September. He noted that open meetings law requires notice at least one week prior to the meeting he did not see why the meeting could not be exclusively through ZOOM.

Joyce Barrett also requests the meeting continue (with ZOOM) she is isolating due to health reasons. She attends every meeting and only missed one last year.

At 7:05 pm the public comment section of the meeting was closed.

Department Reports:

Assessor’s Report – Vicki Hayner submitted a written report. She has completed the 2020 final rolls and sent them down to the county. .

BTI – John Delesky reported they are still out there monitoring. A lot of the streams have dried up. The ones that are running they have to look real hard to find the larvae. It has been effective. They can treat until the end of July. The Supervisor commended Mr. Delesky and his staff and concurred it was a successful year.

Clerk/Tax Collector/Registrar/RMO – Linda Gilbert the clerk submitted a written report and stated the new Department of Environmental Conservation Automated Licensing System. DECALS is up and running in the office. The 2020 Tax Collection books still need to be reviewed by a couple more town board members. The June town clerk report was submitted to the board. Last month the clerk asked to have a sign made for the transfer station stating the town policy that residents must purchase a coupon to dispose of appliances. A resolution was needed to update the list of appliances to read Stove, Dishwasher, Hot Water Tank, Washer, Dryer, & Furnace/Woodstove.

RESOLUTION #2020-092 to authorize a sign and to update the list of appliances that can be disposed of at the Caroga Transfer Station was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm.

WHEREAS, the Town Clerk has indicated a need to put a notice at the Caroga transfer station noting the $5 coupon fee to dispose of certain appliances at the station, and

WHEREAS, the clerk did contact the Fulton County Dept. of Solid Waste who runs the station about positing a sign and did receive permission, now therefore be it

RESOLVED, that the Caroga Town Board hereby moves to continue having a fee of $5 to dispose of the following appliances at the Caroga Transfer Station Stove, Dishwasher, Hot Water Tank, Washer, Dryer, or Furnace/Woodstove.

Seconded by Council Member Long

Council Member Sturgess asked about refrigerators. The clerk stated items with Freon must be taken down to Mud Road also tires.

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

Code Enforcement & Sanitation – John Duesler submitted a written report. He issued 63 permits for the month of June. He collected $5,210.00 in permit fees with a construction valuation of $628,200.00. The Code Enforcement Assistant will not be attending the NYS Building Safety Inspectors classes as they were canceled. Last year year-to-date 94 permits were issued; total fees $7086.00 comparatively 2020 year-to-date 125 permits were issued; total fees collected $11,700.00. Council Member Glenn asked if there were any online classes the assistant could take. The Supervisor stated there weren’t any face to face or ZOOM classes at this time.

Dog Control – Howard Dutcher reported to the clerk that he received 9 calls for the month.

He has not taken any dogs to the shelter but stated he has to write some tickets for dogs running loose and for being unlicensed. It was noted that there will be a rabies clinic in August.

Golf Course – Steve Jennings is having a good year the supervisor reported. One member asked for a refund of her membership due to health issues. Mr. Jennings agrees it is the only fair thing to do. Her husband still plays and has a membership.

RESOLUTION 2020-093 to refund a golf membership to the Nick Stoner Municipal Golf Course was offered by Council Member Travis at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm.

WHEREAS, the Golf Course Manager Steve Jennings notified Supervisor Horton of a request he received to refund a membership to the Nick Stoner Municipal Golf Course due to health reasons, now therefore be it

RESOLVED, that the Caroga Town Board hereby moves to refund the membership amount of $450.00 to a particular person.

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

Highway – Supervisor Horton noted the highway department has been quite busy. They had equipment failure with the front end loader and the Gradall. The loader had some relay issues which were fixed by CAT. The Gradall is 20 years old and has an electronics problem. The Town Supervisor authorized renting a machine for the month. Our machine has 8700 hours on it. If converting engine hours to miles it would be over 500,000 miles. Getting it repaired will give it more residual value. Council Member Sturgess asked what the status was on the loader the board discussed last month. Supervisor Horton noted the mechanic took a quick look at it but due to an emergency it was not fully evaluated yet. The offer has not been withdrawn.

Lakes Management Program – Council Member Glenn reported the program is going very, very well. He has not seen as much yield this year as we’ve had in years past. He did not have a report for the boat wash station or the lake steward program. Supervisor Horton received the same information that the weed harvesting program was going very well.

Town Hall Building – Council Member Travis reported the painting of gym is complete now. The railing on the north side of the building broke. He thanked the highway department for repairing the pipe. Tomorrow Council Member Travis will paint it. Council Member Travis would like the highway dividers stored in the gym moved out to the shed. It was noted that the maintenance man has a bad knee right now.

Youth – Can celled for the year

Historian – Richard Nilsen – No report

Wheelerville Bike Trail – Jeremy Manning reported that they started trimming trails this week. They have about 600 yards of trails cut. The machine is in there laying out tail. They have had some volunteers working ahead of the trail guide. They cut trees and brush ahead of the trail crew. They had some great help from the highway department this week. They brought over some boulders for the start of the ramp. Mr. Manning thanked them for that. The trail workers were shown around town familiarizing them with places to eat etc. They hope to have the trunk trail done in 3 weeks. Supervisor Horton apologized for not being able to come on site yet. He is excited to see what is going on. The board was invited to stop by, they start at 7 am. They need more rain to compact the trails.

PLRT Commission – Centi

Sewer Study – Council Member Glenn noted there was a meeting on June 26th in Johnstown at the Planning Dept. Building. Supervisor Horton, Scott Henze, himself, Travis Mitchell representing Environmental Design Partnership, Assemblyman Smullen and Linda Gilbert (as an observer) were in attendance. The next meeting is July 24th at 10 am at the County Planning office. Mr. Mitchell will have preliminary numbers to enable him to find grants to help finance this program. Supervisor Horton stated it was a very exciting meeting. They are using the same consultant that the county is using on their route 30A project. Once this committee gets the data they will present it (to the people)

Supervisor’s Report:

Supervisor Horton has seen community pride. He has seen about 15 people cleaning up the beach at Sherman’s, the arch sign committee volunteers are refurbishing the entrance sign on South Shore West Caroga Road, someone working to maintain the triangle at Routes 10 and 29A. It all makes the town look better. He wanted to know about any other volunteer projects going on in town.

Supervisor Horton addressed the West Caroga Lake Association on June 27th via a ZOOM meeting. It is a very active lake association.

Council Member Glenn noted that the Kirchen Grove Road Association is celebrating its 100th anniversary. Because of the COVID-19 situation the celebration had to be canceled.

Supervisor Horton will try something new after the meeting he will publish a “Town Topics” newsletter to inform the public of Town meeting highlights.

The Supervisor finalized the street lighting agreement with RealTerm Energy. The attorney did review the document and he did make some modifications. The RealTerm Energy people did not make any modifications.

Census: the Supervisor noted the need to have the town’s people fill out the forms as soon as possible. Otherwise a census worker will be knocking on your door. Training for the census workers will take place at town hall on July 31, Aug, 1,3,4,5, & 13

Supervisor inspected the Green Lake access to Kane Mountain Trail. He took some measurements and found there is room for additional parking on the right hand side. Council Member Long spoke to DEC and noted changes to the parking lot will entail an amendment on the Shaker Mountain Wild Forest Unit Management Plan. He stated it is between DEC and APA. There are issues with tree cutting. He thinks 25 parking spaces are optimistic. Supervisor Horton sketched a parking plan to present to the DEC. He will locate the 4 large trees he observed on the plan. Council Member Long noted once DEC and APA come to an agreement we can accelerate this, once everything is in place, with our labor. He was thanked for his help.

Supervisor Horton noted the Covid19 Virus threat is still very real. NYS has turned the corner but we cannot let down our guard. He stated no one should consider themselves as the COVID police. If you are uncomfortable in a situation leave. Town hall is not open any more hours to limit the number of people. There is a sign in sheet for contact tracing. We are still in the same mode as we were two months ago.

Council Member Long thought the words from Dr. Anthony Fauci are important here. “We are not in the second wave we are knee deep in the first wave.” He discussed indicators and thermometers connected to the internet and their use in modeling influenza. He stated in the last couple of days this system has seen an up take in fevers in Fulton County this is just a precursor to what may be coming down in a few weeks. He loathes to say we have turned any corners.

Council Member (Dr.) Glenn asked for his source of information. Council Member Long replied Kinsa they have a million and a half internet connected thermometers in the US. Council Member Long offered to send Council Member Glenn information on this.

The Supervisor agreed we are still in the first wave. But could not say there is a resurgence in Fulton County.

The Supervisor was concerned where this virus was going to take the town budget wise. A large part of the town budget is sales taxes revenue. He does not know why but the county treasurer is expecting an increase in second quarter sales tax revenue over last year. The Supervisor stated automobile sales are the county #1 producer. Also internet sales in NY require payment of sales tax. The state sales tax revenue is down. Council Member Travis thought boat and RV sales are big in the county. Council Member Long stated internet seller in NY if they do not have a business presence they do not have any obligation to collect sales tax and many do not. He stated the burden to pay sales tax actually lies with the tax payer. The supervisor corrected himself by saying he did not mean to indicate that all internet sales were taxable. It was a good point.

As of month end the Supervisor reported the following:

Golf Course revenues are up 8.7% y/y

Building permit revenue is up 23.2% y/y

Total General Fund revenue is up 4.9% y/y

Town expenditures are up 9.9% y/y. This is a timing issue. Other than legal expense, expenditures are under control.

Highway revenue is up 3% y/y

Highway expenditures are down 17.7% y/y.

Total cash on hand in general fund is up 2.5% y/y.

Total cash on hand in the highway fund is up 15.1% y/y.

Supervisor Horton thanked Tor Shekerjian for his part to help him and the town control expense.

Old Business:

Franchise Agreement with Time Warner- No new information.

Advertising for a back-up maintenance person. Supervisor Horton stated we may need this sooner than later. The clerk put the ad in the paper last week. There haven’t been any responses.

Going back to old business – the clerk has discussed with the town supervisor problems with the phone system not going into voice mail and ringing incessantly. It is very distracting. The clerk will give information to the board from a few years ago on the plans to replace the system.

The clerk reported she has been doing research on webpages. There are some quotes from vendors. In speaking with people I have found out that it is important to be ADA compliant for the visually impaired.

New Business:

Discuss changing the start time of Town Board meetings to 6:30 PM. The Supervisor will try to keep the meeting shorter, yet keep the board updated on projects. Council Member Long had no objection to the time change. A change would affect the work schedule of Council Member Glenn but he thought he could make the earlier time. Council Member Sturgess has to get up early. He suggested playing it by ear the next couple meetings. He wondered if when the public are in attendance would that lengthen the meetings. This is to be discussed in the future.

Parking issues along the East Shore Rd. of West Caroga Lake was brought up to the Supervisor at the WCLA meeting. He went out to observe as did the Town clerk over the holiday weekend and both found there not to be an issue. It is a seasonal community. They both observed cars parked on people’s private property. If it becomes more of an issue the board can address it. As long as the fire department can get down the road it should not be an issue. Council Member Sturgess did not want to open a Pandora’s Box. The worst thing it does is slow traffic.

Discuss the brush dump – Supervisor Horton wanted the public to know he did not want this to be a permanent thing. Council Member Sturgess noted trail cameras could be installed. They have instant live feedback. Mr. Shekerjian stated two cameras have been installed at the stump dump.

Council Member Long’s understanding was that the stump dump was not closed but opens by appointment. This allows supervision. Council Member Glenn has had several people ask him who to contact to get an appointment. Council Member Long stated it is on the front page of the website and also on the highway page. The clerk noted that the Highway Superintendent has new business cards they could be handed out at town hall if he brought some in. Council Member Sturgess offered to have the cards at his store too.

Tenting in residential areas was brought to the Supervisors attention. He stated “until something becomes a problem in town”… then the board can act on it. There is nothing in the code that prevents people from tenting on property. Council Member Travis indicated his concern was with the sanitary conditions. Where do they go to the toilet? The campsite is now open. He would like to hear from the public. Council Member Glenn wondered if the Planning or Zoning Board should be discussing it. It is one incident the Supervisor stated. “If it lasts a couple of weeks – Who cares.” Council Member Sturgess stated until it becomes tent city all over Caroga Lake. He has driven past the sight it is 80 – 100 feet off the road. That is living under the stars.

Use of the CAC property for garage sale was put on the agenda by Council Member Long. He stated he would not speak for CAC. He did not think it was appropriate. A representative from CAC listening in was asked to address this agenda item. The key point is Council Member Long stated was that the Caroga Arts Collective was not consulted on the possible use of the property for a garage sale. They have use forms that need to be filled out. The Supervisor thought they wanted to have a garage sale there. It was unknown what this issue was about.

The clerk asked the Supervisor to sign the equipment agreement for the rental of a Volvo ECR145EL for $4,000.00. They are using it on East Caroga Lake. Council Member Travis noted the rental was approved because it is under a certain amount ($5,000.00) per the procurement policy. It will be approved in the bills this month.

The town owns a piece of property on East Shore Road. The Supervisor has concerns of adverse possession so he would like to have the lot surveyed. People are using it. If they are going to use it exclusively there should be a contract with the town. If it is open to all to use then all should have access to it.

Council Member Glenn read the email, on his phone, from Council Member Long to the board and showed email to the clerk. Council Member Long once again stated he was not speaking for CAC in any way. It was thought that Mr. Centi brought up using the Sherman’s Property. There are no plans for the town to use this property at this time.

Planning Board Chairman Al Kozakiewicz does not believe that adverse possession applies.

RESOLUTION #2020 -094 to have a survey done on the Town owned East Shore Road property was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm.

WHEREAS, it has come to Supervisor Horton’s attention that the town owns property on East Shore Road of West Caroga Lake, and

WHEREAS, the property is being used by neighboring property owners, now therefore be it

RESOLVED, that the Caroga Town Board hereby moves to hire Ferguson and Foss to conduct a survey on SBL # 83.6-4-52 in the amount of $600.00 as a way to see what we have.

Seconded by Council Member Sturgess

Adopted by a roll call vote as follows:

Council Member Long – Yes

Council Member Sturgess – Yes

Council Member Travis – Yes

Supervisor Horton – Yes

Council Member Glenn – Yes

The Supervisor discussed using funds from A 6410.4 Publicity CE in the amount of $2,000, and A-7550.4 Celebrations in the amount of $2,000 be used for the PLRT Commission, with verbal pre approval by the Town Supervisor, for advertising, promotional endeavors, to replace flags, for prizes and ideas they have to beautify the town.

Council Member Long was concerned about there being no accountability or oversight. He stated that Mr. Centi has failed to provide him with minutes of their meeting. Council Member Long did not think he was meeting the requirements for open meetings law. As far as he is concerned it is a rogue entity. The clerk stated she has the minutes of the PLRT Commission.

Supervisor Horton stated that the expenditures will be reviewed via vouchers by the board. Council Member Long has requested that all of the vouchers be scanned to him. The Supervisor is not going to do that special for him. He can come into town hall. Council Member Long wanted the public to see all of the bills. The clerk responded the public can request the bills any time they want. Control of the expenditures by the PLRT would go through the town supervisor. The clerk asked if the funds would be transferred to their own line item. The commission will use the funds from these accounts. Maybe at next years’ budget a line will be created for them.

RESOLUTION #2020-095 to allow the PLRT Commission up to spend up to $4,000 was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm.

WHEREAS, The Board discussed allotting money to the Parks, Lakes, Recreation, and Tourism Commission at last months’ meeting but did not have the account numbers available, now therefore be it

RESOLVED, that the Caroga Town Board hereby moves to approve 2020 budgeted lines:

A 6410.4 Publicity CE in the amount of $2,000 and A-7550.4 Celebrations in the amount of $2,000 are used for the PLRT Commission, with verbal pre approval by the Town Supervisor, for advertising, promotional endeavors, to replace flags, for prizes and ideas they have to beautify the town

Seconded by Council Member Sturgess

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

Upstate painting was supposed to clean up the gym after painting it. One hundred dollars was yet unpaid to Mr. Stubley for additional work. Since he did not clean up the balance owed to him was withheld. He was given ample time to complete the cleanup by Council Member Travis.

Council Member Long noted the request for a donation to Caroga Arts Collective was skipped over.

RESOLUTION#2020-096 to donate golf for four at the Nick Stoner Municipal Golf Course was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm at Town Hall via ZOOM.

WHEREAS, the Town of Caroga received an email on July 7th 2020 from Kimberly Hart requesting one free round of golf for four people at the Nick Stoner Municipal Golf Course, and

WHEREAS, Steve Jennings was asked to donate two carts to go along with the golf passes, for an upcoming charity golf tournament to be held at the Nick Stoner Municipal Golf Course, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to donate golf for four at the Nick Stoner Municipal Golf Course to be donated as a prize at the Second Annual Caroga Arts Golf Outing fundraiser on August 9, 2020

Seconded by Council Member Long

Adopted by a roll call vote as follows:

Council Member Travis – Yes

Supervisor Horton – Yes

Council Member Glenn – Yes under the recommendation of Steve Jennings

Council Member Long – Yes

Council Member Sturgess – Yes

RESOLUTION #2020-097 to allow the use of Town Hall for Nick Stoner Trailers Snowmobile Club meetings was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm at Town Hall via ZOOM.

WHEREAS, the Town of Caroga received an email on July 7th 2020 from Mary Gilmour an officer of the Nick Stoner Trailers Snowmobile Club requesting use of the meeting room on September 17, October 15, November 19, January 21, February 18, March 18 and April 15 for monthly meetings of the club, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to allow the use of the building by the Nick Stoner Trailers Snowmobile Club for their monthly meetings as listed above subject to following the covid19 regulation.

Seconded by Council Member Sturgess

Discussion: Council Member Long reiterated use of the space is subject to COVID-19 regulations at the time of the event.

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

RESOLUTION #2020-098 to close NBT account for the Caroga Book was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm at Town Hall via ZOOM.

WHEREAS, the Town of Caroga received a notice from NBT Bank about an inactive account entitled Caroga Book which has been inactive for at least 24 months, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to close account xxxxxxxx7892 and to deposit $2,175.00 and any future revenues generated by the sale of the remaining Caroga Books in print to the general fund account xxxxxx5904

Seconded by Council Member Glenn

Discussion: if the town does nothing the account will become inactive and turned over to New York State per law for abandoned property. The clerk noted there are a few books left.

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 #2020-099 to repair the Gradall was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm at Town Hall via ZOOM.

WHEREAS, the Supervisor was notified of the mechanical problems with the 2000 Gradall by the Highway Superintendent, now therefore be it

RESOLVED, that the Caroga Town Board does hereby move to spend up to $7,000.00 to make the repairs.

Seconded by Council Member Glenn

Discussion: Council Member Travis noted it would be good to have the machine running if we wanted to trade it in or pick up new.

Adopted by a roll call vote as follows:

Council Member Long – Yes

Council Member Sturgess – Yes

Council Member Travis – Yes

Supervisor Horton – Yes

Council Member Glenn – Yes

Supervisor Horton and the Code Officer discussed adopting a local law to require property owners to supply information to the code office on new wells installed in the town.

Supervisor Horton introduced Proposed Local Law #2-2020 entitled “A Local Law to adopt the 2020 New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) in the Town of Caroga and to supplement the Code to require property owners to supply information to the Town Code Enforcement Officer concerning new wells installed in the Town.” To be enacted by the Town Board of the Town of Caroga

Section 1. The Town of Caroga hereby adopts the modifications and rules promulgated in the 2020 edition of the Building Code of New York State known as the New York State Uniform Fire Prevention and Building Code (the "Uniform Code") with the additional requirements contained in section 2 herein.

Section 2. Any property owner who drills a new well after the date of this Local Law shall, in addition to following the provisions of Section 1, provide the Town with the following information in writing within 30 days of the installation of a new well: a plot plan or site map with measurements showing the location of the well and the name and address of the Well driller.

Section 3. This local law shall take effect immediately upon its filing in the Office of the Secretary of State.

Section 4. 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.

RESOLUTION #2020-100 to introduce Proposed Local Law #2-2020 “A Local Law to adopt the 2020 New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) in the Town of Caroga and to supplement the Code to require property owners to supply information to the Town Code Enforcement Officer concerning new wells installed in the Town.” was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm at Town Hall via ZOOM.

WHEREAS, the Code Officer John Duesler has discussed with the Town Supervisor a need to collect information on new wells drilled in the Town of Caroga, and

WHEREAS, the Town Attorney Sal Ferlazzo has drawn up Proposed Local Law #2 containing four sections as follows:

Section 1. The Town of Caroga hereby adopts the modifications and rules promulgated in the 2020 edition of the Building Code of New York State known as the New York State Uniform Fire Prevention and Building Code (the "Uniform Code") with the additional requirements contained in section 2 herein.



Section 2. Any property owner who drills a new well after the date of this Local Law shall, in addition to following the provisions of Section 1, provide the Town with the following information in writing within 30 days of the installation of a new well: a plot plan or site map with measurements showing the location of the well, the total depth of the well, the depth of the casing, the well recovery rate, and the name and address of the well driller.

Section 3. This local law shall take effect immediately upon its filing in the Office of the Secretary of State.

Section 4. 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.

Now therefore be it RESOLVED, that the Caroga Town Board shall hold a public hearing on Wednesday August 12, 2020 at 7:00 pm at the Town of Caroga Town Hall to hear all interested parties regarding adoption of proposed Local Law No. 2 of the year 202 entitled “A Local Law to adopt the 2020 New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) in the Town of Caroga and to supplement the Code to require property owners to supply information to the Town Code Enforcement Officer concerning new wells installed in the Town.”

Seconded by Council Member Long

This resolution was amended by Council Member Long to add the date and time of the public hearing on this proposed Local Law. Council Member Glenn seconded the amendment.

Adopted by a roll call vote as follows:

Council Member Travis – Yes

Supervisor Horton – Yes

Council Member Glenn – Yes

Council Member Long – Yes

Council Member Sturgess – Yes

RESOLUTION #2020-101 to hold a public hearing on Proposed Local Law #2 was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm at Town Hall via ZOOM.

WHEREAS, the Town Supervisor introduced Proposed Local Law #2 in the Town of Caroga, now therefore be it

RESOLVED, that the Caroga Town Board shall hold a public hearing on Wednesday August 12, 2020 at 7:00 pm at the Town of Caroga Town Hall to hear all interested parties regarding adoption of proposed Local Law No. 2 of the year 202 entitled “A Local Law to adopt the 2020 New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) in the Town of Caroga and to supplement the Code to require property owners to supply information to the Town Code Enforcement Officer concerning new wells installed in the Town.”

BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to publish notice of public hearing in the official newspaper as designated by the Town Board and that copies of said proposed Local Law are available for review at the Town Clerk’s office.

Seconded by Council Member Glenn

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

RESOLUTION #2020-102 to call for a public hearing to Re-zone property in the Town of Caroga was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held Wednesday July 8, 2020 at 7 pm at Town Hall via ZOOM.

WHEREAS, the Town of Caroga (the Town) has indicated its desire to amend the Town’s Zoning Map to reclassify town owned property from Conservation to Hamlet, and

WHEREAS, Nathan Littauer Hospital desires to put in a small clinic which would require a use variance due to changes in the new code adopted on November 14, 2018 and effective January 1, 2019, and

WHEREAS, the rezoning would expedite the matter, and

WHEREAS, a public hearing is needed to in order to do this, now therefore be it

RESOLVED, that in accordance with the provisions of Town Law §264 and the Town of Caroga Zoning Ordinance, a Public Hearing be held on the 12th day of August 2020 at 7:15 pm at Town Hall, Town of Caroga, New York, at which hearing parties in interest and citizens shall have an opportunity to be heard and at which time and place it shall be determined by the said Town Board whether the zoning Map of the Town Zoning Ordinance shall be amended as follows:

To modify the zoning map designation of former parcels SBL’s 68.9-3-2 and SBL 68.9-3-3, and now identified as a single parcel known as SBL 69.9-3-2.5,(the Parcel) from Conservation to Hamlet to allow flexibility for future uses of said parcel, and

BE IT FURTHER RESOLVED, that a copy of the proposed area to be modified may be examined at Town hall and that all notices and referrals provided for in Article 12 of the Town of Caroga Zoning Ordinance be complied with prior to any final action being taken by the Town Board,

AND BE IT FURTHER RESOLVED, that the notice of the time and place of such Hearing shall be published at least ten (10) days in advance of such time and place in the official newspaper, which is a paper of general circulation in said Town.

Discussion: Council Member Long noted a correction - the previous zone was not a town Hamlet district it was APA Hamlet. It was always Conservation district.

Seconded by Council Member Long

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

Council Member Glenn made a motion to pay the bills as presented for audit. The motion was seconded by Council Member Sturgess. All were in favor Horton, Glenn, Sturgess, Travis except Council Member Long abstained.

Supervisor Horton began to discuss the time, place, type, and location of the next Town Board meeting to be held on August 12, 2020. Did the board want to allow some visitors if they felt safe. Council Member Glenn suggested a hybrid meeting. Social distancing could be done in the gym with 20 – 25 people. Council Member Travis suggested if a husband and wife usually attend maybe if just one from the family attended to report back to their family. That way more people would have an opportunity to attend.

Council Member Long’s only comment here was you have been using ZOOM there is a legal issue because the phone number that was provided is billable to those with traditional Frontier phone lines in the town of Caroga and the traditional tariff service. Gotomeeting.com, which is what the Planning & Zoning Boards and Board of Assessment Review uses, do provide a toll free 800 number “which keeps you in compliance with the open meetings law.” Secondly he noted there were a couple technical differences. One had to do with muting. He thought there were a lot of reasons to consider going back to gotomeeting.com.

Supervisor Horton responded that he attends all of his county meeting on ZOOM. The Supervisor asked Council Member Long to provide him with something in the law that says the town has to use a toll free number. Supervisor Horton has searched the law and not found this anywhere. The Supervisor wanted the statute to make sure what Council Member Long was telling the public is true. The Supervisor stated he found it to be a travesty, unless he can prove otherwise - that it is illegal, for Council Member Long to be saying this. The Supervisor did not think people weren’t having access to the meeting by the sheer fact that 60 to 25 people are signed into our meetings. He did not think it was a hardship on anybody. Nobody has mentioned to the Supervisor that they could not attend the meeting by ZOOM if they wanted to.

The Supervisor is really most concerned, he stated to Council Member Long, about falsehoods being presented without proof. Council Member Long must prove his statements to the town’s people or the Supervisor will ask this board to censure him. He has had it.

Council Member Long responded “that’s fine, that’s fine, censure me, that’s fine.”

Supervisor Horton did not think that was fine. He did not believe a council member should be putting out speculative information to the public. The Supervisor did not think a council member should be using a private messaging system to tell the public about their opinion. Council Member Long’s opinions should be at this meeting in front of the public and in front of the four other members of this board. The first day Supervisor Horton took office Council Member Long told him that we (the board members) are all equal and that we act as a body. The Supervisor stated that Council Member Long is out there riding a fine line about how he has a better idea but he does it under the cover of a piece of paper or an email… without the town board members being able to respond to it directly as they are doing right now. Supervisor Horton thought it was a violation of his civic and sworn duty. The Supervisor again stated he has had it! He thinks there are other members of this board that have also had it. Until Council Member Long starts telling the truth… Council Member Long asked if the Supervisor wanted to go there. Council Member Long made a reference to February 12 of 2019 or 13. He stated it is a long tradition of not saying the truth to the public. Council Member Glenn stated “like you are doing?”

Supervisor Horton stated if someone once said something that wasn’t true – he did not know what Council Member Long was talking about. That would give him carte blanche to not tell the truth. Is that what the argument is? Council Member Long responded “it is you sir, you.” Supervisor Horton stated he has never not told the truth. Council Member Long stated “if you want me to speak I shall.” Council Member Glenn responded “no we don’t want you to speak. We want to censure you.”

At 8:33 Council Member Glenn made a motion to adjourn. The clerk asked for clarification as to where the next meeting will be. Supervisor Horton responded it will be on the 12th in the gymnasium we will have about 20 people to attend for social distancing and we will do it through ZOOM. Council Member Travis seconded the motion. The majority of board members were heard to say aye. The Supervisor said thank you and gaveled the meeting closed.

Respectfully Submitted,

Linda M. Gilbert, RMC, CMC

Caroga Town Clerk

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