Minutes, June 11, 2013

Regular Meeting of the Ohio Town Board was held on Tuesday, June 11, 2013 at 7:00 PM at the Recreation Building


The following Officials were present:

Supervisor: Scott Bagetis

Town Clerk: Sandra Gates

Councilmembers: George Lawson, Gordon Roark, Ed Luther and Michelle Barrows

Highway Superintendent: Absent James Nightingale

Also present: Secretary Pat Reuter, Book keeper Ruth Roark, Codes Enforcement Officer Greene, and several town residents


The meeting was called to order by Supervisor Bagetis at 7:00 PM

The Pledge of Allegiance was said by all.

ATV TRAIL: Rick Wright addressed the board and he would like to open ATV Trails using Town roads to interconnect them.

Supervisor Bagetis stated he would get an estimate from the Towns insurance carrier as to the cost of liability.

George Garlick stated the ATV’s do a lot of damage to the dirt roads, and that an ATV club should be started and the cost of the insurance premium should be at the clubs expense.

Rick Wright stated the ATV Association would maintain the trails. Landowners that had a trail on their property would be covered by the ATV Associations insurance.

At this time Board members would like to see a trail map of the trails and the Town roads that would be used.

Supervisor Bagetis will look into what kind of vote the law would require, a permissive or a referendum vote.

WILMURT CEMETARY: Mark Mowers gave Supervisor Bagetis a Property Description report for the cemetary on Route 8 Municipality of Town of Ohio stating no record of owner and no record of paid taxes.

Supervisor Bagetis will research this and determine the owner of the cemetary.

Mark stated if an association of cemetaries is necessary he is willing to start one.

George Garlick would like the junk piles in the Town to be picked up, especially on the Harvey Bridge Road and Ohio City Road.

Codes Enforcement Officer Greene explained there are no Town Ordinances or Zoning for the Town.

George would like the Town to do something about the junk piles.

BLACK RIVER OUTDOOR EDUCATION: A Town resident stated the group has built a pavillion and dock on canal land, it is used for children. She said they stated they are a small group, but they are involved with three counties and she is


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concerned about having too many children with no bathroom facilities.

Codes Enforcement Officer Greene stated as long as the dock was less than 100 square foot, and as long as the pavillion is not permanent the APA has no jurisdiction and the Town follows the APA guidelines.

Minutes of the regular meeting held on May 14, 2013 were read and approved on motion by Councilmember Barrows, second by Councilmember Lawson. So carried.

Supervisor’s Report and Abstract #6 General Fund #120 through #148 in the amount of $31,874.02 and Highway Fund #126 through #164 totaling $52,187.94 was approved on motion by Councilmember Lawson, second by Councilmember Luther. So carried

CODES: Monthly report given to Supervisor.

HIGHWAY: Nightingale absent.

BIDS FOR 2007 CHEVROLET: The following Bids were open:

Garth Tibbitts $5,555.00

Chris Cubiotti 3,501.00

Patrick View 4,357.00

Board members discussed the bids and possibly advertising again.

Councilmember Barrows made a motion to accept the highest bid from Garth Tibbitts at $5,555.00, second by Councilmember Roark. So carried.

ALCOHOL PERMISSION: Councilmember Lawson made a motion to approve alcohol at the Recreation Hall on June 29, 2013, second by Councilmember Roark. So carried.

SUMMER PROGRAM: Samantha Taylor will be the Activity Coordinator.

APA PROJECT NOTICE: Application received APA project #2013-114 to construct a single family dwelling on NYS Route 8

WORKER’S COMPENSATION UNDERWRITING SURVEY: Supervisor Bagetis received a letter from the Town’s Insurance carrier making the following recommendations the Town needs to respond in 60 days.

Panic bar on the chipper

Security in the courtroom by installing shades on the windows and keeping them closed during meeting and the chairs should be attached together to prevent them


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from becoming a weapon

Bench grinders should have their tongue guards adjusted properly

Area by eye wash station should be clear of equipment and a 36 inch yellow box

should be painted around this area

Area in front of the electrical panels should be kept clear of equipment

ADK ACTION: Nightingale received a letter form ADK Action requesting the town not mow the sides of the roads from the end of June to mid September as the Monarch Butterflies lay their eggs in the milkweed along the sides of the roads

MERCY FLIGHT CENTRAL: They would like the board members to consider a $1000.00 donation in the 2014 budget.

RECREATION FLOOR: Supervisor Bagetis will wait to see if the County gives any workers to the Highway Department to paint the floor.

RETIREMENT: Jim Nightingale is owed $270.58 for retirement over payments. Councilmember Luther made a motion to pay Nightingale the $270.58, second by Councilmember Roark. So carried.

UNIFORM NOTICE CLAIMS CERTIFICATION: Supervisor Bagetis stated he received a letter from NYS Workers Compensation.

If a suit is filed against the Town a notice of claim is usually served to the Town Clerk, Town Attorney or the Town Supervisor.

The Secretary of State can now be served for the Town under a new law. A $250.00 service fee can be charged by the State. The Town needs a Uniform Notice Claims Certification to be passed; if we do the Town can collect half of the $250.00. To adopt the Resolution we need to appoint someone the Secretary of State can notify.

Councilmember Lawson made a motion to pass the following resolution and appoint Supervisor Bagetis to be the designated person for the Secretary of State to notify, second by Councilmember Barrows. So carried.


Whereas, General Municipal Law, §53 requires towns to file a certificate with the Secretary of State designating the Secretary of State as an agent or service of a notice; and

Whereas, General Municipal Law, §53 requires the certificate to include the applicable time limit for filing the notice of claim and the name, post office address and electronic mail address, if available, of an officer, person, for the


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transmittal of notices of claim served upon the Secretary as the town’s agent; and

Whereas, pursuant to General Municipal Law, §50-e(1)(a), the applicable time limit for the filing of a notice of claim upon a town 90 days after the claim arises, or in the case of a wrongful death action, 90 days from the appointment of a representative of the decedent’s estate; Now therefore Be it

Resolved, that the Town Board of the Town of Ohio, County of Herkimer designates Scott Bagetis in his capacity as Town Supervisor, to receive notices of claims served upon the Secretary of State by mail at 234 Nellis Road Ohio, NY 13324 and email at ohio@ntcnet.com.

BE It Further Resolved, that the Town Board hereby directs the Town Clerk to file the required certificate with the Secretary of State informing him or her of the town’s designation and applicable time limitation for filing a notice of claim with the town on or before July 14, 2013.


There will be a meeting with the Town Board and the Recreation Commission on Tuesday, June 25, 2013 at 7:00 PM.

Councilmember Barrows made a motion to go into executive session at 8:50 PM to discuss real estate, second by Councilmember Roark. So carried.

Councilmember Lawson made a motion to return to regular session at 9:05 PM, second by Councilmember Luther. So carried.

DOG CONTROL OFFICER: Dog Control Officer Ashley Barrows has resigned as of June 1, 2013. Supervisor Bagetis will be interviewing three applicants.

Councilmember Lawson made a motion to adjourn at 9:18 PM, second by Councilmember Luther. So carried.


Respectfully Submitted,

Sandra Gates

Town Clerk