State of New York
County of Fulton
Town of Caroga
Minutes of the Caroga Town Board meeting held Wednesday August 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 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. Seating in the gym was limited to 20 people. In attendance was the Honorable Assemblyman Robert Smullen of the 118th District, Town Attorney Sal Ferlazzo, Bill VanGorder of NBT/Mang Insurance, and Gene Centi – PLRT Chairman/Weed Harvesting Coordinator. There were 7 members of the public in attendance all were spaced 6 feet apart.
The pledge of allegiance was conducted.
The Supervisor opened the public hearing at 7:03 PM on Local Law #2 a law to adopt the 2020 the 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 (water) wells installed in the Town.
John Livingston stated he thought it was a good idea. Mr. Centi asked if a permit would be required. Supervisor Horton responded no permits would be required. He stated it is to protect future property owners and also to make sure there is a database so if someone is putting in a septic system that they know there is a well.
Council Member Sturgess asked who will police this. How will the town know if a well has been drilled or not? He is in the process of having a well drilled. Attorney Ferlazzo noted it is important that wells not be within 100 feet of septic system. He stated it is a violation of the Local Law not to provide it. The property owner is supposed to provide the information to the town. Attorney Ferlazzo suggested posting the new law in the local newspaper.
The Town Clerk noted the Assessor sends out a packet of information to new property owners. The clerk suggested including this information in that packet. No one online requested to speak at this public hearing. The public hearing was closed at 7:109 pm.
At 7:10 pm the second public hearing was opened. This hearing has to do with a Zoning Change of the town hall parcel know known as 68.9-3-2.5 from Conservation to Hamlet. Supervisor Horton stated Nathan Littauer Hospital (NLH) desires to build a clinic. They do not want to stay in the town hall building – it does not suit their needs. Two parcels were combined. NLH wants to lease the land. They currently lease space from the town. Supervisor Horton stated the Adirondack Park Agency (APA) has no problem with the parcel going back to hamlet.
The Town Clerk stated that this zoning change has been reviewed (per section 239 m) by the Fulton County Planning Board and has been given approval by the county as well.
Council Member Glenn stated so the parcel would go back to a hamlet consideration. The Supervisor confirmed that statement and noted that front yard three-foot variance would still be needed.
Doug Purcell – Zoning Board of Appeals (ZBA) Chairman noted use variances are very difficult to get approval on. The ZBA met last Thursday to discuss the use variance for the micro clinic. The ZBA members recognized the benefit to the community however they denied the application. The Planning Board will also review this project. Mr. Purcell concluded by stating he and the other ZBA members were in favor of the town making this change of the zoning district. Supervisor Horton appreciated all of the help the ZBA and Planning Board have done looking into and done to date. At 7:16 pm the public hearing was closed.
Assemblyman Robert Smullen representing the 118 Assembly District addressed the board and towns people. He appreciated the opportunity to speak at the meeting this evening. He reviewed the boundaries of his district. It is the biggest geographic assembly district in the state. He conveyed his fondness for Caroga and thinks his dad built this school. He wanted to talk about issues in the district. It has been a difficult six months. They are not done with the session as there is more business to tend to at the state level. The budget was passed but now the state is 10 – 12 billion dollars short of revenue to pay the states bills. The governor has the power to make adjustments to the budget. He is hearing there may be a reduction in state aid. This would affect counties, school districts, and non-profits. He wants to hear from the people so he can transmit the needs of the people to Albany.
Linda Gilbert Town Clerk was concerned about losing CHIPS funding. Assemblyman Smullen stated it is in the budget and intact. He stated many municipalities are being conservative in spending that money. The reimbursement may be uncertain. Mrs. Gilbert urged the Assemblyman not to have those funds cut as small towns need this funding. The Assemblyman noted recently the Highway Superintendents rallied at the state capitol to have their voices heard. He noted he was not on the transportation committee. He is on the environmental conservation, children and families, economic development, banks, and the libraries committees. He is very interested in veteran’s affairs and he noted
his district has a lot of agriculture. Agriculture is the #1 economic employer in upstate NY as a whole.
Supervisor Horton was concerned about the cuts in the budget and where they are going to be. Budget sessions start at the county level soon. “We can’t dance with a partner that doesn’t dance with us.” You hear rumors from Albany and then they are squashed. The governor has to start giving some clarity. The assembly is very vocal about what the local issues are. New York is a very diverse state from Staten Island to Plattsburg 61/2 hours north to south and 6 hours east to west. Sometimes those in the Assembly feel their voice is not heard as clearly as it could be.
Council Member Glenn noted the town is looking for economic development to initiate more commercial development. With that come infrastructure. He wondered if there were moneys available for the town. Assemblyman Smullen responded the best thing is to have a good plan. It has to be synchronized with a variety of regulatory agencies. Dept. of Transportation, Environmental Conservation, APA to make sure what is being planned is achievable. Then find the resources.
He is always available to help out.
Mr. Centi asked about the committees he serves on and which department he oversees. Assemblymen Smullen responded that he oversees Dept. of Environmental Conservation as the main one.
Council Member Sturgess has been being told for the last 6 – 7 years that State Highway 29A is going to be paved. Today he spoke to a state worker on the road who said it won’t be paved until 2022. The road is brutal it just keeps getting patched. Assemblyman Smullen will look into it. Council Member Sturgess stated this is the gateway to the Adirondacks.
Council Member Glenn wanted to thank Assemblyman Smullen for attending a recent meeting to plan for a sewer district in Caroga. There will be another meeting with the acting head of DEC in the next few weeks. Supervisor Horton thanked the Assemblyman for attending this evening.
Mr. VanGorder of NBT/Mang Insurance is the broker for our town insurance. He handed out cards and a 36-page copy of the 9/1/2020 – 9/1/2021 proposed policy. He reviewed the 27-year history of how NYMIR came about. It is the largest municipal insurer in the state. He reviewed the policy with the board. The coverage is the best the town can get. Risk management training is in place. They have online modules and encouraged the town to use it. Mr. VanGorder explained the claims appeal process.
Supervisor Horton asked if under the municipal auto a town employee is using their personal vehicle for town business covered. Mr. VanGorder responded “yes,” it provides primary protection first dollar coverage for a town vehicle, for a personal vehicle when the person is liable the person’s auto policy will pick up primary until it is exhausted limits are used to the fullest then the NYMIR policy steps in.
There is a proposed increase of $1,720.73 in the 2020-2021 policy. There may be a few amendments to the policy for newly purchased items.
Public:
Steve Whitehouse - Caroga Lake Fish & Game asked the town board to support a fish stocking program they may have this fall. The amount of $500 was asked for. Supervisor Horton noted the money is budgeted for the Fish and Game Club. Mr. Whitehouse noted the club raises money for fish stocking both lakes. They have stocked lake trout in the past. They want to introduce some walleye. Mr. Centi asked if they pray on other fish. Mr. Centi stated the East Caroga Lake Protective Assoc. is going to be stocking rainbows in October. Supervisor Horton noted this is coordinated through DEC.
The concern is that a species would be introduced into the lakes that would harm the other species that are already thriving. Council Member Sturgess thought all parties stocking the lakes could work together to get a better price on the fish. Several board members were in favor of having this project coordinated. Council Member Glenn noted we have a lakes management committee. He thought they should sit down and figure this out. Council Member Glenn will call a meeting of the committee along with those stocking the lakes. Supervisor Horton noted that Council Member Travis is a board member of the Caroga Fish and Game Club – he was speaking in that capacity.
RESOLUTION #2020-103 to spend $500.00 for fish stocking was offered by Council Member Glenn at the regular monthly meeting of the Caroga Town Board held on August 12, 2020 at Caroga Town Hall.
WHEREAS, Steve Whitehouse a board member of the Caroga Fish and Game Club addressed the board this evening requesting a $500.00 donation for fish stocking on East and West Caroga Lakes, and
WHEREAS, the board discussed having the lakes management committee meet to discuss the compatibility of the fish being stocked in the lakes, now therefore be it
RESOLVED, that the Caroga Town Board does hereby move to donate $500.00 from A8720.2 with the understanding that there will be a meeting with the Lakes Management committee to co-ordinate the program.
Seconded by Council Member Sturgess
Council Member Long was asked if he was following the discussion. He stated the room acoustics are unfavorable. The voices echo and are very loud but hard to hear. He has received a half dozen or more messages from people saying they cannot hear the words. The microphone distance was thought to be the problem along with the masks. Council Member Long stated using the public address system could solve this.
Adopted by a roll call vote,
Supervisor Scott Horton - yes
Council Member John Glenn - yes
Council Member James Long - yes
Council Member Richard Sturgess - yes
Council Member Donald Travis - abstained
Doug Purcell had three items - again as ZBA Chairperson he expressed his disappointment to see the town being put in the position of signing this hold harmless agreement for the Maddalone property. When the application was presented the implication was that the septic system was going to be approved. He reviewed the minutes and packet information the applicant was led to believe that part was not important at that point in time. Mr. Purcell noted how important it is that all thing be considered when an application is before the code department and the ZBA and or Planning Board.
Secondly as the President of the Caroga Museum he has been unable due to conflicts to participate or attend the Parks, Lakes, Recreation, and Tourism Commission meetings. He has had trouble finding where the notices are being posted and how to join in on the virtual meetings.
His third point as a general citizen is in response to another agenda item, he sees true, to his prediction of last month, that the governor would extend the suspension of some of the open meetings requirements by another month. He anticipates another extension in September. He asks that this town board consider continuing these meetings virtually.
At 8:07 pm the public portion of the meeting was closed.
Department Reports:
Wheelerville Bike Trail – Jeremy Manning brought the town board up to speed on how he is doing with the bike trail. He reported the main trail is complete to Irving Pond. They will be laying out the first downhill trail next week. A fifth trail for hiking will be worked on. He thanked Larry Voght and staff for their ongoing support. They contributed fuel and culvert pipe and materials. The project received 20 loads of dirt. Mr. Manning noted they were working on a kid’s skill park near the parking area. Volunteers Kent Kirch, Mike Manning, and Ralph Palcovic were thanked. They are clearing trees and brush. There will be the first volunteer day on August 29. It will be advertised when there is more information. It was noted that the trail system is for non-motorized use. Mr. Manning asked the town board to consider a local law for non-motorized use on that specific parcel.
Supervisor Horton stated this was a smart growth grant (no match) for $64,000.00. The terms of the CFA grant have a 20% match. The Supervisor has visited the site and the trails will blow you away. He will try to visit again on the 28 when the Assemblyman comes up for the other meeting. Mr. Manning was asked to draw something up for the local law and forward it to the town attorney. The attorney would like to see the precedent and then something will be drawn up for the board.
Assessor – Mrs. Hayner was on vacation, there was no report.
BTI – Lynne Delesky reported for her husband. They are done treating as of July 31st. A lot of product, more than in the past 4 years, was used due to the wet spring. Seventy-five gallons were used. The stream reports are being finalized for the year. He will also submit reports for the golf course as well. The supervisor noted they did stay in budget.
Clerk/Tax Collector/Registrar/RMO – Mrs. Gilbert reported that three board members have reviewed the Tax Collection books for 2020. A resolution needs to be made to accept the books.
As the Records Management Officer Mrs. Gilbert reported that the Clerk of the Planning and Zoning Board of Appeals is in violation of Article 6 Section Viii Paragraph D & Article 11 Section 1 Paragraph C #’s 4 & 5 of the Zoning Ordinance. Information continues to be placed on a website but not filed in the office of the Town clerk.
Likewise, the minutes for the Board of Assessment Review were never filed in the office of the Town Clerk.
There are still problems with the phone system. The court and the clerk’s phones lose messages, or don’t go to the proper mailbox. The system is deteriorating rapidly.
The good news is there is a new forest ranger covering our area. His name is Dave Nally and he can be reached at 518-424-7805 for burn permits. He is replacing Ranger Thompson who has another territory now. Also, if any has noticed a shiny object up on Kane Mountain it is there to give better reception for the rangers. The tree swing at Nine Corner Lake is no more. Due to an increase in injuries approval was obtained to cut the tree down.
Bugs are still being worked out on the new DECALS licensing program.
The annual Town Clerk’s conference was cancelled at the end of August.
Supervisor Horton noted there is no more support for this phone system. We will have to look at another solution.
Code Enforcement & Sanitation – John Duesler submitted a written report. The Supervisor stated we are on target to probably have over 300 building permits this year. There has been a lot of stress in the code office. They cannot keep up. This is something that the board will have to address in the next month or so. The supervisor stated there was some coordination issues between the Assessor and the building department that is being worked on so that when a permit is not closed out in a timely fashion then the Assessor can’t go forward with her duties and responsibilities. “It’s getting to be quite a logjam.” The supervisor hopes to have some solution for the board at the next meeting.
Dog Control – Mr. Dutcher gave a brief report to the town clerk, he reported that he took one dog to the shelter and that he was inspected by Ag. & Markets and everything were found to be good. The Supervisor noted he received a report from Ag. & Markets. He will give a copy to the clerk.
Golf Course – Supervisor Horton reported the golf course is doing very well. He is pleasantly surprised at the number of new golfers coming to this town. We had been losing older members. Due to the effort being put in to the course by Mr. Jennings and the support by the town board has turned things around. We are currently $15 - $16,000 over last year’s revenues. The expenses are below what they were last year with the exception of $10,600 for a lease on machinery.
Highway – Supervisor Horton reported the department is still working on South Shore of East Caroga. Next week South Shore of West Caroga will be paved. They have been working hard. They are within budget. They have been spending CHIPS money and a review will be done after the paving of South Shore of West Caroga to see where we are.
Council Member Glenn stated there was a conversation between Mr. Voght, himself and the town supervisor concerning where we stand with equipment. They were trying to find a financially feasible way that the equipment can be turned over in a timely way so we don’t have to purchase two large pieces of equipment at once. Leasing vs owning was discussed. They will continue to work on this together. Mr. Voght stated to the Supervisor that he has reached out to get quotes on material and labor.
Lakes Management Program – Gene Centi submitted a written report and gave a verbal report – to date they have removed 2780 bushels of milfoil. Last year they removed 4319 bushels. He is not seeing the large isolated areas anymore but there are smaller to medium sized patches.
The bad news is they have found 2 new invasives in the lake one is Curly Leaf Pond Weed found down by the association. They have irradiated it. The second was one plant of Brittle Naiad was found in 2017 over on the sand bar. It was removed now there are two areas around the ECLPA dock area and also along the southern shore. It is a biannual plant so it will seed at a certain point in time. He noted there are other access points to the lake where there aren’t any stewards.
The entire deck on the weed harvester will have to be replaced. There are spongy parts. If not post season then preseason. The deck is only five years old.
He has had questions about the weeds in the outlet. Mr. Centi spoke to DEC about marking the channel. They checked the regulations and they will not mark it. They want to remark it as years ago as a non- navigable water, a sign will be put up. The people who live along there can put makers in to navigate around the rocks.
Mr. Centi had a lengthy conversation with APA about the native plants. He received a complaint (see correspondence) and he explained to Mrs. Johnson that it was not milfoil in the bay. There isn’t anything the town can do until the town establishes a lake management shoreline plan. That program manages the shoreline, septic/sewage. We can control weeds by what is not going into the lake. Shoreline cutting effects native plants. Mr. Centi spoke with Dr. Harman from SUNY Oneonta regarding a Lake Management study. He has added the town to the list for a graduate student to do a lake study and develop a management report for us. Graduate students are paid $2,500 for each of the two semesters to do the report.
John Olm submitted a written report and gave a verbal report. As of August 9, at the West Lake fishing access 3301 water craft were inspected. That represents a 77% increase of the number of water craft inspecting in 2019. Eurasian water milfoil was found and removed from two watercraft. They also provided information to 5515 boaters on best practices to stop the spread of aquatic invasive species.
At the Town boat wash station across from town hall a total of 156 water craft were inspected this represents a 105% increase of the number of water craft inspected in 2019. A total of 96 were decontaminated, and advice was given to 244 boaters to stop the spread of aquatic invasive species.
At the East Caroga Lake campsite location, they had a late start due to the COVID19. As of August 9, they had a total of 301 water craft inspected, Eurasian water milfoil was found and removed from two water crafts. They provided information to 438 boaters on how to stop the spread of aquatic invasive species.
Adirondack Watershed Institute has set August 14th as the last day for staffing. At this point they will have some lake management committee members and volunteers fill some of the hours. Council Member Glenn thought August 14th was too early to end the program. Mr. Olm thought the West Lake access is the busiest in the Adirondack Park. Last year the program ran through Labor Day. This year there was a limit on funding. Council Member Glenn suggested getting together and working on this. Council Member Glenn recognized Mr. Centi desire to have a lake management study done. This is what has been being discussed at the sewer system meetings.
PLRT Commission - Mr. Centi noted the last month the PLRT commission did not meet it did not have a quorum. There was a problem with ZOOM last month. The access to the account did not work. At the last-minute Mr. Centi noted there was also a power outage. He reiterated that the meetings are always held the last Wednesday of the month at 7 pm. The notice of the meeting is posted at town hall, on Facebook, and the post office.
There have been thousands of hits on the PLRT page. The town wide garage sale was posted as is information on the golf course. Social media works. The clerk asked for a written report from Mr. Centi.
Sewer Study – Council Member Glenn reported that there will be a meeting with DEC and some political people in the next couple of weeks. At the last meeting two weeks ago, they discussed ways to cut down on the cost of the project. One was for the town to possibly owning the sewage treatment plant. Travis Mitchell talked about septic systems being laying out a grid pattern. Another idea was to make them in clustered areas like pods. Similar to a wheel with a hub. This would require cooperation with the citizens. Supervisor Horton noted there is no noise or smell involved with this but it would take some right-of- ways through private properties. It is too early to share numbers. The areas have been well defined. Now it is a plug and play. There will be a roll out to the public it can be shown how the pieces fit together. Supervisor Horton stated the meeting on August 28th at 10 am at town hall will be instrumental. The project may have to be paired down or find out it is better bigger.
Supervisor’s Report:
Council Member Long was asked for his input on the Kane Mountain Trail. Council Member Long had a meeting with two staff members from the Department of Environmental Conservation (DEC) yesterday. He noted that the Town of Caroga is not party to this. DEC has recognized the need for increased parking all the way back to their 2006-unit management plan. The plan did allow for expansion but we are already at that point. Any change would require a change to the unit management plan. Negotiations would take place between the APA and DEC. They are working on this right now. It will not be a fast process; it will take a year but it will get done. They will be cognizant of wetlands and streams. It was called a high priority need within their region 5 jurisdiction. Council Member Long will report back when he hears more.
Supervisor Horton inspected the Green Lake access to Kane Mountain Trail. A letter has been drafted by Tor Shekerjian to request the DEC to address the parking issue. He did a sketch of a parking plan to present to the DEC to provide an additional 25 parking spaces to go along with the request.
Council Member Long reiterated to DEC that the towns willingness to provide materials and labor from the highway department. He stated that will help in the end. Council Member Long was thanked for staying on top of this.
The Coronavirus: The Supervisor wanted to stress that the threat is still very real even though our community has only been affected minimally in comparison to other areas. Please continue to abide by CDC and State and Local Health official guidelines. There is no better defense than personal action and protection. Restricted hours and access will still be conducted at town hall.
Supervisor Horton reminded everyone to fill out the Census. He stressed the importance. We are way below an acceptable level for submission per Scott Henze of County Planning. Right now, we are at 21% compliance. Ten years ago, we had 100% compliance. There was a problem with mailing to post office boxes. Supervisor Horton stated over 60% of our residential structures are seasonal. Council Member Long got some feedback from Doug Purcell recently he was a team leader with Census. The fundamental difference between now and 10 years ago is that because of COVID19 people cannot go door to door. The town hall was reserved to use the meeting room for training for the US Census Bureau for several dates and no one ever showed up. This is a big deal and if anyone has information please get it to the Supervisor’s Office.
New Business:
Discuss septic system holding tank inspections and pump outs. 325 holding tanks are currently in use in the Town. Supervisor Horton decided to postpone this discussion there is still more work to do on it.
Old Business: [These items were on the agenda but not discussed by the board]
Franchise Agreement with Time Warner - No new information.
Advertising for a back-up maintenance person Supervisor Horton given Facebook responses
Zoom meeting July30th with REALTERM Energy and Supervisor Horton and Mr. Shekerjian
The Clerk noted one piece of old business to discuss with the board. The town webpage is being worked on. The Clerk has been in touch with the county IT department. I can work with someone privately at a cost of under $700.00. The clerk asked for authority to move forward with this expense. The supervisor stated he gave clerk the OK to move forward with this as it is less than $1,000.00. It is a step in the right direction.
Correspondence: [These were on the agenda but did not receive review or comment by the Town board]
US Census to conduct training sessions at Town Hall during July 14, 31; August 1,3,4,5, & 13.
MANG Insurance requested a meeting to discuss our liability insurance renewal.
Phone calls to the Supervisor requesting shorter Town Board Meetings and an earlier start time.
Offer to donate the old voting machine to the historical society was made by the Supervisor.
Email Request for more information of the Wheelerville Bike Trail from Rob Gray. He is very interested in using the trail and wanted to know when it would be open.
Letter from James & Marsha Johnson regarding weeds in front of 115 Avery Road
Barton Loguidice 8/5 proposal for professional services on proposed salt shed
July 10th Workers Compensation Report
Bankruptcy notice Fetrow
Purdue Bankruptcy notice
Transfer Station Closed Monday Sept. 7th Due to Holiday open Tuesday 9/8 8 – 4 pm
Resolutions:
RESOLUTION #2020-104 AUTHORIZING ADOPTION BY THE TOWN BOARD OF THE TOWN OF CAROGA, NEW YORK OF LOCAL LAW NO. 2 of 2020
Offered by Supervisor Horton Seconded by Council Member Long
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 August 12, 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. 2 of the year 2020 to adopt the 2020 the 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.
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 August 12, 2020 at 7 p.m. at the Town of Caroga Town Hall which was held in person and 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, the Town board of the Town of Caroga determines that the adoption of Local Law No 2 of is in the best interests of the Town of Caroga, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Caroga hereby adopts said Local Law known as Local Law No. 2 of the year 2020, a copy of which is attached hereto and made part of this resolution, and
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.
Adopted by a roll call vote:
Council Member Glenn – Aye
Council Member Long – Aye
Council Member Sturgess – Aye
Council Member Travis – Aye
Supervisor Horton - Aye
Attorney Ferlazzo reviewed the Short Environmental Assessment Form (SEQR) Part 1, Part 2, & Part 3 project information. Part one needed to be signed by the town Supervisor. The description of the proposed action states the town is modifying the zoning map designation of former parcels SBL 68.9-3-2 and SBL 68.9-3-3. And now identified as a single parcel known as SBL 68.9-3-2.5. On the SEQR part 1 question 1 the answer was yes thus the applicant proceeded to Part 2. Attorney Ferlazzo reads and reviews the short environmental Assessment Form part 2 – Impact Assessment with the board. The response to questions 1 – 11 is all “No, or small impact may occur.” The board enters a negative declaration which means there is no need for further environmental review. The following resolution was then offered.
RESOLUTION #2020-105 to Declare the town board as the lead agency and determines that adoption of a Zoning Ordinance Modification from Conservation to Hamlet would not have a significant effect upon the environment.
Offered by Council Member Long Seconded by Council Member Glenn
WHEREAS, the Town of Caroga (Caroga) administers a local land use program (local program) approved by the Adirondack Park Agency (Agency) pursuant to Section 807 of the Adirondack Park Agency Act, the Agency having approved the local program, and
WHEREAS, the Town enacted a Zoning Ordinance effective January 1, 2019, and
WHEREAS, the Town published a public hearing to seek public input on the modification of 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 68.9-3-2.5, (the Parcel) from Conservation to Hamlet to allow flexibility for future uses of said parcel, and
WHEREAS, the Town submitted the proposed Zoning modification to all parties required to receive notice under Zoning Ordinance Article 12 for review and approval, including the Town Planning Board, and
WHEREAS, the proposed Zoning modification satisfies the approval criteria set forth in Section 807(2) of the Adirondack Park Agency Act, and
WHEREAS, the Agency approved the proposed Zoning modification and
WHEREAS, the Town has held the required Public Hearing on the proposed Zoning Ordinance,
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 Zoning Ordinance Modification to designate the former parcels SBL's 68.9-3-2 and SBL 68.9-3-3, and now identified as a single parcel known as SBL 68.9-3-2.5,( the Parcel) from Conservation to Hamlet 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 thereto, and
BE IT FURTHER RESOLVED, that the proposed Zoning Ordinance Modification for the Parcel is hereby adopted by the Town of Caroga Town Board, effective immediately, and that the Ordinance and Zoning Map reflect said amendment and modification.
Adopted by a roll call vote:
Council Member Long – Aye
Council Member Sturgess – Aye
Council Member Travis – Aye
Supervisor Horton – Aye
Council Member Glenn – Aye
Resolution #2020-106 to Contract with Municipal Leasing Consultants was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday August 12, 2020 at Town Hall.
WHEREAS, Supervisor Horton received a three-page proposal to lease certain capital equipment pursuant to certain terms and conditions from Municipal Leasing Consultants Reneé Piché President (802)372-8435 Powerofleasing.com powerofenergyfinancing.com and
WHEREAS, the costs are estimates and thus, the payment amount would be charged in proportion to the actual cost, and
WHEREAS the quotes are fixed from July 8, 2020 to August 7, 2020 in anticipation of closing/funding with a rate of 2.97% for eight (8) years with annual payments of $17,073.14 and
WHEREAS, Supervisor Horton anticipates the cost to finance this street lighting program shall not exceed $120,000 for repayment for the LED street lighting program, now therefore be it
RESOLVED, that the Town of Caroga does hereby move to enter into contract with Municipal Leasing Consultants for LED street lighting program.
Adopted by a roll call vote:
Council Member Sturgess – Aye
Council Member Travis – Aye
Supervisor Horton – Aye
Council Member Glenn – Aye
Council Member Long – Aye
Council Member Long asked for a copy of the SEQR for the Planning & Zoning Board of Appeals.
RESOLUTION #2020-107 to accept the audit of the Tax Collectors Books for 2020 was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday August 12, 2020 at Town Hall.
WHEREAS, the Tax Collector Linda Gilbert presented the 2020 tax collection books for audit at the June town board meeting, and
WHEREAS, three members of the town board, Supervisor Horton, Council Member Travis, and Council Member Sturgess have audited the records, now therefore be it
RESOLVED, that the Caroga Town Board does hereby move to accept the books as presented for audit for the year 2020.
Adopted by a roll call vote:
Council Member Travis – Aye
Supervisor Horton – Aye
Council Member Glenn – Aye
Council Member Long – Abstained
Council Member Sturgess – Aye
Supervisor Horton explained Council Member Long abstained as he did not have an opportunity to review the books.
The Supervisor stated on the Maddalone resolution the horse is out of the barn. It is an extreme hardship for these people who built a beautiful home. This document was drawn up on the advice of counsel. There are restrictions in the agreement which states that audible and visible exterior alarms must be on the tank.
RESOLUTION 2020-108 to approve the Maddalone Hold Harmless and Indemnification Agreement was offered by Supervisor Horton at the regular monthly meeting of the Caroga Town Board held on Wednesday August 12, 2020 at Town Hall.
AGREEMENT made this 12th day of August, 2020, by and among Chriostopher Maddalone and Lucia Maddalone, (hereinafter referred to as “Owners”) and the Town of Caroga, (hereinafter referred to as “Municipality”)
WITNESSETH:
WHEREAS, the Owners are the current titled owners of certain parcels of land known as SBL 83.9-2-32; SBL 83.9-2-33 and SBL83.9-2-25 collectively known as 108 Montanye Lane, Carogha, New York, County of Fulton (the “Premises”) and
WHEREAS, the Owners are in the process of constructing a single family dwelling upon SBL 83.9-2-25 in accordance with the plans and specifications approved by the Municipality and
WHEREAS the Owners are in need of installing a new drilled well as well as a new raised septic system upon the Premises to service the newly constructed Home being built by Owners and
WHEREAS due to the size and configuration of the Premises as well as the location of the Home to be built and its proximity to Caroga Lake and due to the location at which Owners have installed a new well, the Owners are unable to install the well and septic system and holding tank in accordance with the currently required Town of Caroga building code specification; Specifically that the well and septic system shall be at least 100 feet apart from each other (hereinafter referred to as the “condition”) and
WHEREAS, the Owners and Municipality have agreed that the Owners shall have the right to install a new well and new holding tank only as approved by the Municipality without meeting the 100 foot seperation requirement (there is no permission to hook up the holding tank to the septic system on the premises) and
WHEREAS, the Municiplaity is willing to grant such permission for the installation of this new well and holding tank system as contained in Exhibit A upon the premises upon certain terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the granting of the right to allow Owners to install a holding tank within 100 feet of the drilled well and items as set forth hereinabove, the Owners agree to the following:
(1) That Owners acknowledge that the installation of this new holding tank and drilled well upon the premises does not meet the current New York State regulation requiring a minimum distance of 100 feet of separation between a well and a septic installed upon a land owner’s property.
(2) Owners are and shall be responsible for the installation, repair or replacement of the holding tank system and the Town shall have no responsibility and or liability with regards to the functionality of either the holding tank or the drilled well to be installed and maintained upon the premises either now or forever in the future. No other agreement concerning the installation of either of these systems have been agreed to by the Owners or the Municipality other than as set forth herein.
(3) Owners hereby hold the Municipality harmless and indemnifies the Municipality from and against any and all claims, demands, losses or damage incurred by themselves or any other person with respect to any issues whatsoever, arising from Owners’ installation of these systems upon the Premises.
(4) Owners hereby agree and understand that they shall be required to disclose the existance of this Agreement at such time as title to the property shall ever be sold or transferred to a new owner and that the new owner shall in writing agree to the terms and obliations of the Owners after the transfer of said property.
(5) This Agreement constitutes the entire understanding of the parties and may not be changed orally. This agreement may be signed in counterparts. Copies of this agreement shall be treated the same as originals.
(6) This Agreement shall be binding upon the heirs, executors, administrators and assigns of the parties hereto and shall be construed in accordance with the laws of the State of New York. The agreement is binding on subsequent owners of the Premises and shall be filed and recorded in the Clerk’s Office of Fulton County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date below.
_________________________________ _________________________________
Christopher Maddalone(Owner) Date Lucia Maddalone (Owner) – Date
_________________________________ __________________________________
Town of Caroga (Municipality) Date
BY: _____________________________
Seconded by Council Member Travis
Discussion: Council Member Long asked if the agreement requires the owners to attach the agreement to the deed. This would guarantee that future property owners would be advised. Attorney Ferlazzo stated that the owners are obligated to inform subsequent. Council Member Long stated that if the property was sold to a third then the second party is not obligated because it is not attached to the deed. That was his concern. Attorney Ferlazzo stated he could change the language to read subject to it being recorded. Supervisor Horton thought that was a good idea and noted it would be part of the town’s records on that property. Adding it to the deed would give further assurance of notification. The resolution was to be amended by the Town Attorney. The amended resolution was offered by Supervisor Horton and seconded by Council Member Glenn amended in yellow
Adopted by a roll call vote:
Supervisor Horton – Aye
Council Member Glenn – Aye
Council Member Long – Aye
Council Member Sturgess – Aye
Council Member Travis – Aye
Council Member Travis made a motion to approve the 5/13 and 6/17 minutes. Council Member Glenn seconded the motion. The motion was approved by Supervisor Horton and Council Members Glenn, Sturgess, and Travis. Council Member Long opposed as he has not seen something marked “final.”
A motion was made by Supervisor Horton to pay the bills as presented for audit with one additional bill to be added for payment on the Highway Fund to Capitol Supply in the amount of $2,516.01.
Council Member Glenn seconded the motion. The motion was approved by Supervisor Horton and Council Members Glenn, Sturgess, and Travis. Council Member Long abstained as he has not audited the bills for payment.
The board discussed the next meeting on September 9, 2020. 7:00 PM. The meeting will be conducted using zoom and also allow limited in person attendance. The audio problems were noted. Mrs. Holliday asked why the microphone equipment was not used.
At 9:15 the meeting was adjourned.
Respectfully Submitted,
Linda M. Gilbert, RMC, CMC
Caroga Town Clerk
General #’s 228 – 265 $20,985.85 Highway #’s 91 - 101 $28,171,26
Prepaid #’s 153 – 176 $25.444.96 General Park #’s 28 – 30 $519.47
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