State of New York
County of Fulton
Town of Caroga
Minutes of the Regular monthly Caroga Town Board meeting held Wednesday June 20, 2018 at the municipal building located at 1840 State Highway #10 at 7:00 pm with the following persons in attendance by Roll Call:
Supervisor James K. Selmser – Here
Council Member John Glenn – Here
Council Member Jeremy Manning – Here
Council Member James Long – Here
Council Member Kent Kirch – Here
Other town department representatives in attendance were: Steve Putman – Highway Superintendent, and Mr. Travis building maintenance. There were 50 members of the public in attendance.
Supervisor Selmser called the meeting to order at 7 pm. The roll was called and salute to the flag followed.
Council Member Long made a motion to accept the minutes as edited of the May 9th & May 23rd 2018 meetings. Council Member Manning seconded the motion. All board members were in favor of the motion. Council Member Glenn asked for the minute of the June 7th work session. The clerk will forward them to him.
At 7:05 pm Supervisor Selmser opened the public hearing to address issues on two properties that are deficient under Local Law #1 of 1990 “regarding building unsafe…circumstances.” He stated it was a requirement under the law as written that we have a public hearing to take any comments. It doesn’t mean we will take any action at this time but it is a process we have to follow. The public hearing will be kept open for any comments regarding this. We can also take comments regarding other possible concerns of the citizens.
Rick Ruby President of the Caroga Arts Collective and a resident of Caroga Lake thanked the town board for their support and help to prepare Sherman’s for the Sawyer Frederic concert first the Revival Series second and for the future third whatever they may be. He thanked Mr. Putman for the use of the barricades which allowed them to use more of Sherman’s. He thanked Mr. Jennings for the use of golf carts to transport people with mobility problems. John Duesler was thanked for working hand in hand with an awful lot of volunteers to make sure the property was safe. Mr. Ruby stated this year now we have two buildings that are approved for certain uses. The Fire Department, Barb DeLuca and Ralph Palcovic were thanked for their leadership role. They prepared for 5000 people to be prepared for any event. They bought in the Sheriff, State Troopers, Environmental Control, DOT who all worked together for crowd control and safety. The Snowmobile Club allowed them to use their snow fence. The volleyball team also helped out. There was only one injury to Randy he noted. Mr. Ruby stated it was a success at just about every level. He is excited about the co-operation. He stated that Dan Isabella brought up a bulldozer up and spent three days clearing the space between Thee Store and the Post Office, behind the Post Office, and where the new firehouse is going all for parking. He thanked everyone for being a part of it.
Anthony Sturchio thanked the highway department for their help with debris after the last storm.
John & Lynne Delesky spoke about the 911 Sign Project. It started about 4 years ago. The cost is $15.00 to install the sign on a post, for the sign only it is $10. As a first responder at night, in a storm, it makes a big difference. They have gone door to door selling the signs. They recommend the placement but the property owner ultimately decides the placement. If you don’t have a sign see Linda Gilbert at town hall. Tony Toskas makes the signs up and prepares the posts. The posts we get, at cost, from Lowes Home Improvements. This could save a life. He thought 700 -800 had been put in already.
Mr. Putman the highway superintendent would like the signs taller due to the snow in the winter. This winter they had an abundance of snow and had to push back the banks. They buried one or two sign doing that. Maybe they could stand on the fire truck to pound in taller posts. A resident thought an extension to the post could be put on the bottom to get it taller. About twenty were covered by the snow Mr. Putman estimates. But his guys would go in and put them back up in place. Three have been replaced by Mr. Delesky. Supervisor Selmser was up on S. S. Road of Canada Lake recently and noted he didn’t see a lot of signs up there. He wondered if the lake association would help get the word out. Mr. Delesky tries to go on the weekend when people are there. He did speak a year or two ago to the Canada Lake Conservation Association. Council Member Glenn suggested working together to make sure the signs are visible in the winter. Council Member Kirch thanked everyone for their work on the project. Mr. Toskas noted another reason to get the signs is the pizza will be delivered quicker.
Kevin Larder from Pine Lake wanted to bring to the attention of the board an issue that affects three camps. The road doesn’t have a lot of crown so water is crossing the road. He did meet with Mr. Putman as recently as yesterday. Mr. Larder also spoke to him for the past two years about this. He stated the road needs crusher run and to be rolled, crowned, and graded.
Supervisor Selmser asked if there were “any other public comments on other issues.”
Shirley Holliday – thanked Don Travis and the Town for the beautiful new sign across the street. She had some concerns about the golf course. The golf pro wants to do work on the 4th green but there are golf cart paths which are in dire need of fixing. The paths to holes #2 to 3 there are ruts and rocks, 7 to 8 green through the woods and the path to #10 from the highway is a disaster and it has been for years. She wondered if black top could be placed so it won’t wash out.
Shirley also wondered why the sealing of the gym floor is brought up month after month and nothing is done. Soon the kids will be here and the floor should be sealed. What does it take to get stuff done?
Mrs. Holliday heard that in the lawsuit the town has against Ralph Ottuso – he won the case. Is that true she asked. Council Member Manning stated the case has not been settled – no decision. She hopes the town can win it.
Supervisor Selmser asked for any other issues… hearing none the public hearing was closed at this time – 7:23 pm. If the board wants to take action they will address it at a later date.
Assessor’s Report – Supervisor Selmser asked for a copy of the prior years’ summary totals and the current year 2018 roll total town summary. The board was given a copy of this reports. The amount of the taxable value changed from $155,104,479 to $155,432,064. There is a slight change going up. The Assessor also submitted a report with the past month’s sales.
BTI – Mr. Delesky submitted his report on line as requested. The clerk did not forward the reports to the board this month. They were still coming in today.
Clerk/Registrar – Monthly report was submitted. The clerk noted the Federal Democratic Primary will take place on Tuesday at Town hall from noon to 9 pm.
Code Enforcement & Sanitation – Supervisor Selmser stated the code officer submitted a report of permits issued and the dollar amounts of them. John has been extremely busy meeting with people and doing inspections. He needs help and the town has advertised for the opening. There was not much of a response. Council Member Glen spoke to him today. Mr. Duesler came up with two additional names of people he has worked with in the past. A member of the public asked if he could apply.
Blight – Previously covered
Dog Control – Mr. Dutcher called in a report of 11 calls for the month, one ticket was written and one stray was taken to the humane society. The board was given a delinquent report from last year. There are nine (9) unlicensed from last year and currently from January to May 31st there are 6 non-renewed licenses. Supervisor Selmser stated he “did talk to Howard regarding those I think he wants to pursue it. We need to put our heads together and see what we’ve done and make sure that a... we’ve done everything we can and then it is up to him either to site those people and bring them to court.”
Golf Course – Mr. Jennings submitted a written report. He is anxious to have the new well hooked up. The course is in great condition. There are beavers are building a dam on Irving Pond. He is doing normal maintenance and watering of the T’s and greens every night.
The well has been drilled. We received a bill but we need to have the piping brought to us. We have to decide on how to trench it and hook up the piping. Maybe Mr. Putman can help with this it is not part of the contract with Hawk Drilling.
Mr. Putman stated he had absolutely zero to do with and no knowledge of the contract with Hawk. When the driller came up he was moving the wood out of the area they wanted to drill the well. He explained to the driver that there is a tremendous amount of shelf rock up there. He did not know it wasn’t in the contract to dig the lines to the barns. The driller did say the main feed should go to the barn as they are there full time in the winter and then feed the golf course from there. He measured roughly 247 ft. to the barn. He wondered where access to the golf course would be. The board noted the need to get the well connected. Mr. Putman asked who in the contract is responsible to dig the trench, lay the pipe and hook up the well. Supervisor Selmser stated it was not stated in the contract. Council Member Long stated it was not the driller’s area of expertise. Mr. Putman stated it was. Mr. Putman was asked for recommendations to finish the job. He suggested calling Hawk the driller. Locally Larry Smith does a lot of work of that nature.
RESOLUTION #2018-064 to solicit bids was offered by Council Member Long at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, Hawk Drilled a well for use by the Highway Barn and golf shop building, and
WHEREAS, additional work is needed to connect the newly drilled well to two town buildings, and
WHEREAS, the ad shall be placed in the Leader Herald newspaper to get three quotes for a contractor to run electrical and plumbing to both buildings, now therefore be it
RESOLVED, that sealed bids shall be in by July 9th to be opened on the 11th. The successful bidder shall complete the work after notification awarded within 30 days. The board will review the Hawk quote tomorrow which should list the materials. Specification as to where it was going was not made, or if the existing plumbing could be used. Heat tape was mentioned. New lines are to be run to the Town Barn so they will not freeze and new electrical to the town barn and then just plumbing to the golf course building.
Council Member Kirch seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Highway – Mr. Putman brought to the boards attention about the men being able to golf at no charge. The resolution was amended and he wondered why when in the past elected officials and highway workers were allowed to golf. Council Member Manning noted the ethics law and gifts in the amount of $25. The Association of Towns recommends not giving this to elected officials as it exceeds the gift amount. Mr. Putman wanted to go into an executive session to discuss this. Council Member Long stated AOT was also concerned about giving it to the contracted highway employees. He stated if mistakes were made in the past…the courts continues to interpret laws. AOT noted it should be listed in the contract as a benefit and it is taxable. Mr. Putman responded – “why don’t you show your true colors and take it away from all of them right now.”
There was a garage inspection by NYMIR. Mr. Putman’s garage is one of the top 10 in state. (Applause) The one thing he got dinged on is NY Law requires the use of the Federal Manual on Uniform Traffic Control Devices. He noted that Children at Play signs are not listed as allowable to be posted. He will be removing those signs around town.
Council Member Glenn will meet with Mr. Lynch on Wednesday June 27th at 9:30 am at town hall.
Mr. Putman noted to the Town Supervisor that if he had asked him he would have told him that insurance would not pay to replace the stolen street signs. He questioned his intent based on the letter from the Sheriff’s Department. Supervisor Selmser stated the town went on record to address a problem the town had with a recommendation from the insurance company. They wanted documentation as to what happened. The Sheriff’s said they would look into it. There is no intent Supervisor Selmser stated other than to go on record. He had hoped to recoup the cost to replace the signs. The insurance inspector gave some recommendations yesterday. Policies and procedures should be established to have a base and an inspection process to document the signs and where they are located. Some losses are covered and in some cases insurance doesn’t.
There were some trees down during the last storm and roads closed on East Stoner, Kasson Dr., Pine, Lakeview, North Bush and S. Shore of East Caroga. They were cleaned up as soon as possible.
He thanked those involved for bringing back signage after the Sawyer Fredericks thing. The Fire Department delayed bringing back the signs they used. It will be questionable whether they will be allowed to borrow signs again.
Mr. Putman stated he is not getting monthly reports from the Budget Director. He also again noted the condition of the siding on the building out back of Town Hall, and the railings are rotted on the north end of the Town Hall building. He noted this should be addressed before someone gets hurt.
Mr. Putman announced there are two sealed bids for asphalt paving on S. Shore Road of West Caroga.
The first bid is from:
Cobleskill Stone 112 Rock Road PO Box 22 Cobleskill NY 12043 (518) 234-0221 Total bid $345,770.00.
3” Type 3 Binder bid Qty. 2,267 @$100 Ton and 1.5” 6F Top bid Qty. 1,134 Ton @ $105 Ton.
Callanan Industries Inc. P O Box 15097 Albany NY 12212-5097 (518) 374-2222 to resurface S. Shore West Caroga ±13,445 SY Unit price $87.50 Ton.
Mr. Putman stated both bids were way above the CHIPS allotment. He doesn’t have the money for it.
Gorman did not submit a bid. They have done work in the past. Mr. Putman may get bids to put down 3’ binder this year and cap it next year. He wanted a single pour so there were no seams, it is a better job. Maybe he will do the job himself. Supervisor Selmser noted the crushed stone has to be replaced. He voiced maybe banking the CHIPS money this year and using it all next. He still has a week or two’s work to remove rocks and stumps/logs. The Highway Dept. was to have all the prep work done for the paving. Callanan faxed over a bid initially. It was for East Shore Road.
Mr. Putman noted he is still putting money into trucks. He recommended getting rid of the Gradall. It is too big for the roads. All of the work on the Gradall has to be done by the (Advantage Equip.) company. It is expensive. An 8 Wheel excavator would do the ditching better.
Council Member Kirch stated it would be helpful to him to know from him what the priority is from an operations standpoint what equipment should be replaced. Right now the 2004 straight dump truck needs an engine for $15,000. Then the 2006 is a full plow 4 wheel drive is coming apart. Council Member Kirch offered to help make a list.
Supervisor Selmser commended Mr. Putman for the highway garage being in great shape. “He makes the employees work instead of standing around and watching each other.” He keeps things safe. “Our garage is in much better shape than about 90% of the other highway garages he inspects. Mr. Putman emphasizes safety which reduces any cost to the town.
Before the meeting Supervisor Selmser gave the board members two resolutions from Mr. Putman.
RESOLUTION #2018-065 to accept the Appointment of a new Deputy Highway Superintendent was offered by Supervisor Selmser at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, Charles Wager –Deputy Highway Superintendent recently departed from his employment with the Town of Caroga, now therefore be it
RESOLVED, that Henry Snell is to serve out the rest of 2018 as the Deputy Highway Superintendent effective immediately.
Council Member Long seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
RESOLUTION #2018-066 to accept an adjustment regarding the pay rate of a Mechanic in the Highway contract amending the adopted contract, was offered by Council Member Manning at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, Mr. Putman, the Highway Superintendent, noted that in the most recent contract there were no highway employees working under the mechanic pay rate it was discovered that the pay rate had not been adjusted for pay increases over the past few years and
WHEREAS, the Bookkeeper and the town supervisor reviewed and adjusted the appropriated pay increase, of the hourly pay rate from $15.70/hour to $19.44/hour, now therefore be it
RESOLVED, that the contracted pay rate be adjusted for a mechanic/MEO and be it further RESOLVED, that Chad King be reclassified from a MEO position to the Mechanic position effective as of 5/28/2018.
Council Member Kirch seconded the motion.
Discussion: Supervisor Selmser stated we actually have amended the contract but this resolution would need to document that amendment and to change the pay classification of one employee from driver to mechanics/driver.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Lake Steward Program –Mike Durkee submitted a written report. Things are going well. The boat wash/ inspection stations opened on the Saturday of Memorial Day weekend. It was noted that there is not a work station at the marina there are some concerns about the placement and there is not a dedicated person to operate and maintain it. Supervisor Selmser stated there was equipment there to power wash if they find something. Mr. Durkee stated they are sent to the boat wash station across the road. As it is private property they can tell people that is what they have to do it is not optional.
Town Hall Building - Mr. Travis noted last year he contacted someone to do concrete work on the stairs. He did not know the name of the company they never did the work. He cannot stain the back building. He asked Quality Painting a local contractor to power wash the building put stain on it and fix the soffit and paint the trim and doors. He quoted $2,000.00. He will get a written proposal. Council Member Long has been trying to contact Bill Wager about sealing the gym floor. Mr. Travis wondered where everything would go while the floor was being done. Apollo Heating was supposed to call back on the necessary repairs to the boilers. The insurance inspection turned up deficiencies.
Lakes Management Program – Mr. Centi noted from the 1st of June to the 20 of June last year 376 bushels of Milfoil was removed. This year 1070 were removed over the same time period. Right now they are 27% ahead of the total removed last year. There are a lot of lilies growing. They did have some mechanical, weather, and personnel problems. Mr. Centi again asked where the pontoons went from the original boat. He wanted to use them to possibly make a platform and put baskets on that instead of having to shuttle 3 -4 times during the day. The molded plastic pontoons should have been left on the boat the aluminum ones bang on the water and make a lot of noise underwater. The clerk did send emails out without a response. He asked that the board do something to get someone to respond. Supervisor Selmser stated he will pursue it.
Mr. Centi noted different markers are being used. Green Noodles stick up out of the water identifying milfoil. Lots of diver flags (red flag with a white diagonal stripe) are being used. People should stay 100 feet away from the flags. The boat is constantly moving so you don’t know where the divers are.
Council Member Manning asked if Mr. Horton ever sent information over on the town hall roof. He was going to fax the details. Supervisor Selmser received a quote of $42,000.00 to do the roof over the old section.
Youth - Council Member Manning reported 60 kids are signed up right now. She is looking to hire one more counselor. Supervisor Selmser asked if the rates were set for the youth dept. at reorganizational. The clerk responded that she didn’t believe they were set in January.
RESOLUTION #067 to set the youth department salaries was offered by Council Member Manning at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, The Town Board discussed setting the rates for the youth department for the year 2018, now
therefore be it
RESOLVED, to pay the youth program personnel the same rate that they were paid last year, so 2018 will be the same as 2017, for counselors and lifeguards and all youth program personnel.
Council Member Long seconded the motion.
Supervisor Selmser wanted to add the rates and stated he would look at them tomorrow.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Supervisor Selmser gave out documents –a balance sheet which is in balance it give the cash positions of all the bank accounts in general and highway funds. A treasure’s summary report was also given of revenue and expenses with year to date figures. There were some complications but things are balanced the supervisor stated. The clerk asked if the year to date was the amount left on the line item. Supervisor Selmser stated no that is how much has been spent for the year. This month’s expenses are not on the report. The clerk asked that a report be generated to show the balance left in the line item. Mr. Putman also wants the report showing the balances.
The NYMIR inspector made some recommendations for additional safety. A lot of things deal with liabilities like the children at play signs. We value and take seriously his recommendations and we will take action on it.
Supervisor Selmser followed up on one recommendation by calling Bill VanGorder our insurance representative. He will have a meeting with him Friday morning to address a couple of issues. He will start the process of reviewing our insurance to give us quotes later this year for the upcoming year.
Hawk Drilling – will follow up on this
Boiler Issue –discussed this
Assistant Code Officer – Supervisor Selmser asked what the board wanted to do about this. Council Member Long asked if the board wanted to discuss the correspondence from Jennifer Blowers. It was just on record.
Stan Waddle asked if he could put in an application for the Code Officer Assistant position. He was directed to contact John Duesler. Council Member Long stated “we would welcome any and all applications.”
Supervisor Selmser asked if there were any concerns or questions on the correspondence.
Eric and Cathy White would like the light that is red capped – removed to be considered when looking at street lighting options.
Office for the Aging Picnic 8/2/18 Concordia Park $8
Board of Elections 2018 Election Dates
30 Day Notice for 3 Girls & Two Saints Inc. proposed class change from Summer on Premise liquor to On- Premises Liquor
Transfer Station Closed July 4th
Robert King interest in Assistant Code position
Boiler Inspection report
6/18 Nathan Littauer Foundation asks for a donation of golf package at Nick Stoner Municipal Golf Course
Property Use Request by Caroga Arts Collective
Release for Town of Caroga vs. Ralph Ottuso – to be discussed in an executive session.
A Golfer asked for membership refund due to an eye injury. Supervisor Selmser asked for details on this piece of new business. The Clerk responded that golfer Joe Insogna has a detached retina and will not be able to golf for most of the year. He asked for a refund but I suggested maybe the board would transfer the membership for next year.
RESOLUTION #2018-068 to transfer a 2018 membership to 2019 due to injury was offered by Council Member Long at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, The Town Board discussed a request from golfer Joe Insogna to issue a refund as he is unable to play golf this year due to an eye injury, now therefore be it
RESOLVED, that the Caroga Town Board does hereby move to allow Mr. Insogna who was paid member #3 with a senior membership of $425.00 to transfer his paid 2018 to 2019 due to a detached retina that will prevent him from golfing most of this year.
Council Member Manning seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Resolutions:
To transfer funds from A3620.41 Beautification Grant to A3789 Trail Grant. Supervisor Selmser stated that a transfer was necessary to maintain a balanced budget. It will set up two budget items one in revenue and one in expense to cover the multi seasonal park trail grant. The Supervisor noted even though part of the expenses were from last year – the two budget lines will be set up to the $6,000 amount. The bills have been submitted and need to be paid.
RESOLUTION #2018-069 to create a revenue account and expense line item was offered by Supervisor Selmser at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, The Town Board discussed the need to maintain a balanced budget, now therefore be it
RESOLVED, that the Caroga Town Board does hereby move to set up two budget line items one for revenues and one for expenses
From A3620.41 Beautification Grant
TO: Revenue A3789 Trail
Council Member Long seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Council Member Long had a sealed response to a motion made some time ago to solicit bids in three rounds for a parcel that the town owns. The deadline was June 1st. The parcel is to the right of “Thee Country Store.” The deadline was not met but there are two more rounds of bidding. The next deadline is July 10th the ad is to be run in the same paper and same duration as before. The bid must be received by the deadline not the postmarked.
RESOLUTION #2018-070 to solicit second round bids was offered by Council Member Long at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, The Town Board discussed their desire to have round 2 of bidding for a parcel owned by the Town of Caroga, now therefore be it RESOLVED that the following ad be placed in the Leader Herald newspaper: The Town of Caroga is soliciting bids in the second of three separate bidding rounds for parcel SBL 83.6-3-2. The closing date for this round is July 10th at 3 pm. This vacant 0.22 acre parcel is located at 2013 State Highway 10, in the Town of Caroga. The minimum bid is $2,500.00. The Town Board will examine bids after each round.
After the three rounds of bidding, the town board will, at is sole discretion, decide whether to make a formal offer of sale to one of the bidders. Submit to Town of Caroga PO Box 328 Caroga Lake NY 12032. Must be marked “Parcel Bid” on the outside of the envelope.
Council Member Kirch seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Council Member Long has a couple of resolution he would like the board to consider. There is already a waiver form for volunteers at Sherman’s. He stated there is a lot of work that could be done at the golf course. He moved to adopt a resolution authorizing the publishing of a second volunteer waiver form that would differ from the Sherman’s form only in that instead it would be named the grounds of the municipal golf course instead of Sherman’s. Otherwise the language is the same. Second to authorize the use of volunteers to improve the golf course. The form would be collected by the golf pro and filed with the town. Council Member Manning provided a revised copy. He stated there is painting to be done, and the items Mrs. Holliday brought up earlier in the meeting, and lots of minor little things that we can do to improve the appearance and the safety and the use of that golf course. Council Member Manning asked who was going to organize this. Council Member Long stated that he knew we have very eager volunteers. He has not spoken to him first but he knows that Chris Rohrs is very much interested in organizing volunteer activities. Steve Jennings will graciously assist in supervising them, the activity. “We saw how well it worked at Sherman’s.” Supervisor Selmser said it was discussed last year. One can get it started and have assistant helpers….and if a contribution is being made to the town to better it – let’s move forward. Council Member Kirch stated it needs to be under the direction of Steve Jennings. All board members were heard confirming this. (Talking at the same time)
RESOLUTION #2018-071 to authorize the use of volunteers under the direction of the Golf Pro was offered by Council Member Long at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, The Town Board discussed their desire to use volunteers on the golf course, now therefore be it
RESOLVED that the Caroga Town Board hereby moves to authorize the use of volunteers under the direction of the Golf Pro on the Nick Stoner Municipal Golf Course.
Council Member Manning seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Council Member Long discussed when he drove past the 19th Hole last night and almost didn’t go in because the parking lot was full between 6 – 6:30 pm. He found the bar completely empty and he stated that all of the cars at the 19th hole were golfing. Almost none came in afterward. With the help of volunteers he stated he wanted to extend the parking area and put up signs – make it more car friendly. He wanted a resolution to purchase 6 parking signs for the golf course to encourage use of the spaces. “They may not know where they can park. This will help guide them.” He noted the parking by the well and down below the Golf Shop. He did not believe it would interfere with the Highway Garage activity. The 19th Hole proprietors could restrict parking. Supervisor Selmser noted the problem and wondered if moving the clubhouse or moving the parking to town hall. He wanted to be mindful of the business. Council Member Glenn suggesting parking at town hall. He wanted more input from Mr. Jennings on this. Council Member Manning stated Mr. Jennings was “desperate.” He is on board with this Council Member Long stated. He had good discussions today. Council Member Glenn asked that the matter be tabled until he can talk to him.
Council Member Kirch noted the value of periodically having Town Hall Meetings to allow residents and the board to have discussions about whatever is on their mind. Residents would ask questions and have discussions on any topic they want to discuss. It has been 6 months and would like to meet in July. Dates were discussed July 23, 24, 26. Supervisor Selmser suggested using the school system gymnasium and maybe school related questions could be answered. The board set Tuesday July 24th at 7 pm.
RESOLUTION #2018-072 to have a Town Hall Meeting was offered by Council Member Kirch at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, The Town Board discussed their desire to meet with the public in an open Town Hall forum meeting, now therefore be it
RESOLVED that the Caroga Town Board hereby moves to set a town Hall meeting on Tuesday July 24, 2018 at 7 pm at the new Wheelerville Union Free School 2417 State Highway 10 Caroga Lake NY.
Council Member Long seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Council member Manning asked if we were engaging. Council Member Kirch stated he would put together a format. Supervisor Selmser will set up the meeting with the school.
Supervisor Selmser asked the board if they wanted to take any action from the public hearing. Council Member Glenn asked if the public if fully informed and understands the details. Council Member Long explained that the town retained Charlie Ackerbauer… Council Member Glenn asked if the reports were publicized. Supervisor Selmser stated it was publicized… it can be put on the agenda for next month. Council Member Glenn explained there are two properties to be condemned because of either physical appearance or structural appearance. Evaluations were done on these two properties. To that end the town board was going to take action on this. Council Member Long explained we are required to have a public hearing. A member of the public stated “you had a public hearing but nobody even knew what you were talking about.” Supervisor Selmser stated it was in the paper .. we can redo it. The clerk has the paperwork if anyone wanted a copy of it.
The properties are 2116 State Highway 10 identified as SBL #83.6-6-8 and 2328 State Highway 10 #83.9-4-19. The buildings have been deemed unsafe by the Code Officer. There are four pages of Local Law #1 of 1990 that describe the code violations. Council Member Glenn made a motion to table this as the audience and the taxpayers of Caroga need to be informed. Council Member Kirch stated the owners of the properties have been notified many times. For years they have been noticed of corrections that need to be made on their properties. The properties are unsafe and if they fell in and someone got hurt the town could get sued. It is a liability issue for the town not to take any action. Council Member Long stated, “You voted us into office to take the difficult choices, make the difficult decisions to work on unsafe buildings and blight.”
Council Member Kirch stated if the board makes a decision to take these buildings down there will be costs for demolition, and pre-demolition assessing of lead and asbestos. A lean would be put on the property by the town so they are reimburse for the costs. It was noted that one of the properties is up for auction right now.
Supervisor Selmser stated there were three other properties we are working with owners to make corrective action with. Council Member Kirch noted this board is being faces with this because no action has been taken for 20 years from what he can see. The board wants people to know the board is serious about unsafe buildings. It will send a message to other property owners Council Member Long stated. Supervisor Selmser stated there may be some money available through the land bank process. Council Member Long wanted it known that they stand behind John Duesler – he has a difficult job.
Mr. Toskas commented that he felt the board tried to slide something by - just opening the hearing without any details was not good enough. Supervisor Selmser noted it was transparent and publicized. Council Member Kirch wanted to confirm what he is hearing that the point is when you have a public hearing “you should set the context explain with some high level information so you know what we are talking about.” Council Member Glenn suggested tabling this and have the information in front of us and do a better job of explaining it.
RESOLUTION #2018-073 to reopen the Public Hearing on these two properties the was offered by Council Member Long at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, the Town Board did advertise a public hearing on two unsafe buildings in the Town of Caroga, now therefore be it
RESOLVED, that the Caroga Town Board hereby moves to reopen the public hearing on these two properties at 7:05 pm on Wednesday July 11, 2018.
Council Member Manning seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
Copies of the reports have been and are available in the Town Clerks office and Council Member Long will put the documents relating to the public hearing on the townofcaroga.com website tomorrow morning.
Supervisor Selmser announced that he gave everybody a revised new draft of zoning that the APA asked us to make some adjustments. “We tried to incorporate all those adjustments, they gave a choice on a few decisions. We thought we came to some decisions based on our prior discussions. That has been transmitted to the APA.” They want to put it on their agenda to act informally, and respond back to the town. At that point the town has to have a public hearing. “We can make any additional adjustments.” They could not do it without our guidance. “There was a meeting and we followed through based on their guidance.” Council Member Long participated also - Jim Selmser and James Long participated in the Planning Board revisions of this Zoning Ordinance prior to their recent election to the town board. They worked on harmonizing this document with the APA for many years. “The 145 page document had maybe 10 comments per page.” He stated there is no problem with redundancies. “No problem with having the same language in two places in the documents. We kept some of the redundancies and got rid of others.” Out of 932 towns there are 62 towns in the park but only 18 have Agency approved Local Land Use Programs. We have home rule on our Zoning Ordinance. If we make any changes it must go to the park agency multiple times. They must rule on what we do. Council Member Long noted the Park Agency has not yet signed off on this. Tonight if the board makes a resolution to turn this over the Park Agency and let them rule on it then we can begin, finally, to have public hearings and board modification of this. Council Member Glenn asked the public if they were familiar with the document. Council Member Long noted the document has been on the website for several months. Council Member Manning stated it has been going on for so long it is hard to remember where it’s at. The last action by the Planning Board was November 2016.
Council Member Long proposed to submit this document to the Park Agency which incorporates their requested changes by and large so they rule on the document.
The town clerk noted the board only received this documents tonight. Three of the board members did not sit in on the meetings. Two board members made changes to the entire document - three board members don’t know what the changes were. It is highly unfair to push this through to the APA until they have had a chance to review this. Council Member Long noted the Town Board was not aware of what the Planning Board was doing for five years. The meetings were open to the public. The clerk noted that two board members made all the changes. The Town board has to make decisions as a board. Council Member Long stated the board will look at this document as a board if the Park Agency allows it to go forward. She noted there are 5 elected board members . Again it was stated the three board members don’t know what changes Supervisor Selmser and Council Member Long made. Council Member Manning stated these were all changes that the APA required to be made. He was fine with two board members taking the APA’s direction on this. The Clerk asked how did he know what options the two board members took. It was noted that an experienced member of the Planning Board also made the changes. The clerk stated you have to come together as a board to make decisions. Council Member Long thanked the clerk for the lecture on town law. Supervisor Selmser noted the Fulton County Planning Board also communicated with the APA and finalized all prints with them. Council Member Kirch has read a couple of prior versions of the document. He does not know specifically every single change they made but is comfortable the right people were involved with this. He noted there will be public hearings on this. Council Member Glenn is comfortable with it however he wanted to see the prior document so he can see the changes that were made. The work document with margin comments will be sent to Council Member Glenn. One member of the public stated he should be able to see the changes too. Council Member Kirch stated that is what the public hearing is about.
RESOLUTION #2018-074 to submit it to the Park Agency the was offered by Council Member Long at the June 20th 2018 monthly Caroga Town Board meeting held at Town hall.
WHEREAS, the Supervisor Selmser and Council Member Long did meet with the Adirondack Park Agency regarding the update to the Town of Caroga Zoning Ordinance, now therefore be it
RESOLVED, that the Caroga Town Board hereby moves to submit it to the Park Agency.
Council Member Manning seconded the motion.
Adopted by a vote of 5 Ayes, Selmser, Glenn, Manning, Long, Kirch
It was stated that we are a long way away from finalizing the document. Council Member Glenn encouraged the public to look at the document. Supervisor Selmser stated in a lot of cases the document has been expanded by a lot more words the intent is already there in the document that was adopted back in 1970’s. They expand things that weren’t there before.
Council Member Long made a motion to pay the bills as presented for audit, Council Member Kirch seconded the motion. All board members were in favor of the motion.
At 9:19 pm Council Member Long made a motion to enter into an executive session to discuss pending litigation in the case Town of Caroga versus Ottuso. Council Member Kirch seconded the motion. All board members were in favor of the motion.
At 9:35 pm Council Member Long made a motion to exit from the executive session. Council Member Glenn seconded the motion. All board members were in favor of the motion.
Supervisor Selmser stated he had a legal document from the Law Firm of Girvin and Ferlazzo enclosed was a release that needed to be signed in front of a notary by the supervisor and returned to them. The defendant’s attorney has a settlement check in the amount of $4,300.00 and it will be forwarded to the town upon their receipt of the release.
Council Member Kirch stated in the spirit of trying to be as transparent as possible and to be helpful so everyone is understanding of what the board is doing - this is a lawsuit the town filed against former Supervisor Ottuso regarding the lack of payment for premiums of Health care coverage. The total amount due to the town was $8,600.00. The board has been working through the attorneys and the settlement that has been offered to the town is for Mr. Ottuso to pay ½ the amount or $4,300.00. The underlying issues Council Member Kirch stated even though Ralph Ottuso signed off to receive the insurance is he never got a bill for it. Council Member Kirch stated there was a shared responsibility. The board felt this was a reasonable settlement and pursuing it would rack up more legal fees and probably not result in a lot more money. Council Member Long state it could result in a lot less money. Council Member Manning stated he was billed at the end once it was realized.
RESOLUTION#2018-075 To authorize Supervisor Selmser to sign a release re: The Town of Caroga vs. Ralph Ottuso Index no. 05882 was offered by Council Member Long at the regular monthly meeting held on Wednesday June 20, 2018 at the Caroga Municipal Building.
WHEREAS, the Town of Caroga filed a lawsuit against former Supervisor Ralph Ottuso for nonpayment of his COBRA health insurance, and
WHEREAS, the Town has received legal advice from Attorney Sal Ferlazzo, now therefore be it
RESOLVED, the Supervisor Selmser is authorized to sign the release settling the case in the amount of $4,300.00 with the defendant’s attorney forwarding a check upon their receipt of the release signed by Supervisor Selmser closing the case.
Council Member Kirch seconded the motion.
Adopted by a vote of 5 Ayes: Selmser, Glenn, Manning, Long, Kirch
At 9:40 pm Council Member Long made a motion to adjourn. Council Member Glenn seconded the motion. All board members were in favor of the motion.
Respectfully Submitted,
Linda M. Gilbert, RMC, CMC
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