A Regular Meeting of the Town Board of the Town of Otsego was held on the 9th day of January 2008 at the Town Building, Fly Creek, NY at 7.00 PM.
Those present were:
Thomas Breiten Chairman
Howard (Bill) Michaels Councilman
Anne Geddes-Atwell Councilman
John Schallert Councilman
Meg Kiernan Councilman
Others Present:
Pamela Deane Town Clerk
Martin Tillapaugh Town Attorney
Chairman Breiten called the regular meeting to order and asked that everyone please rise for the Pledge of Allegiance.
Councilperson Kiernan pointed out that the date for the Comprehensive Plan workshop was stated incorrectly in the minutes.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to accept the minutes of January 3rd as amended.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten reviewed correspondence received since last meeting.
Donna Borgstrom who was acting on behalf of the Winter Carnival Committee, asked for Town Board approval on a fireworks permit. The firework display would be February 8th at 6:30PM and would be set off at the Cooperstown Country Club.
MOTION by Councilperson Michaels, seconded by Councilperson Kiernan, to approve the Winter Carnival Committee’s firework permit application.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
It was the consensus of the Board that firework displays should be exempt from section 3.10 in the Land Use Law.
Chairman Breiten opened the floor for comments.
Scott Fickbohm from Otsego County Soil and Water complimented Town Assessor Marie Walters for the well attended informational Agriculture Exemption meeting held on 1/8 which he, himself, found a most valuable service. Fickbohm stated that Soil and Water will be offering hydro seeding this year to municipalities at no charge.
Fickbohm lastly updated the Board on the flooding problem on Canadarago Lake. He has been in contact with Cornell Law School for guidance about liability, public risk, private ownership, and operation vs. ownership. He is not overly optimistic in receiving financial assistance for a study from Senators Seward or McGee.
Sheila Ross from Otsego County Board of Elections informed the Board that there will be two voting machines used on the February 5th Primary Day. One machine will be used by Republicans-the other by Democrats.
Carl Wenner expressed once again his dismay with the proposed Comprehensive Plan. He does not have faith in a process where people on the Board are able to use their own discretion in determining what the language in the proposed document means. He proposed a revision of page 13 of the Comprehensive Plan which states the Town’s Goals. Wenner felt that page, by itself, is adequate to serve as the Towns Comprehensive Plan even though he is totally against the Town even having a plan.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 32,954.27 General Checking: $ 61,051.22
Highway Savings: $152,633.47 Hwy Checking: $ 9,023.79
MBIA Gen: $527,253.89 MBIA Hwy: $959,489.22
MOTION by Councilperson Michaels, seconded by Councilperson Kiernan, to accept the financial report as presented.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Councilperson Geddes-Atwell objected to E.L. Kukenberger’s bill (highway invoice # 326) being paid until an itemized invoice is submitted and NYS Defenders Association (general invoice # 6)until it is researched and determined that it has not yet been paid.
MOTION by Councilman Kiernan, seconded by Councilman Michaels, to make the necessary transfers and pay the following bills including highway invoice #326 once a itemized invoice is submitted, and general invoice #6 once determined the bill is still outstanding:
GENERAL: #1-#19 $ 17,973.88
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Zoning Officer Report was read by Chairman Breiten. The following permits were issued since last meeting.
Site Plan Review: 3 Subdivision: 1 First Lot Split: 1
Dog Control Officer Tom Steele reported having 4 dog related calls last month.
Town Attorney Martin Tillapaugh reported that Sewer District Manager Win McIntyre is negotiating two separate parcels of land for the proposed sewer district. One is owned by Manacherian on top of Red House Hill Road and the other is the Hickory Grove property owned by Marie Greene. Both properties are equally viable. Cost will more than likely be the determining factor.
Councilperson Geddes-Atwell stated that she is trying to up-date and organize the Town’s website to make it more user friendly and less cluttered.
Councilperson Kiernan reported that there will be re-negotiations with CSEA over the new health insurance policy. A date and time has not yet been determined.
Councilperson Kiernan submitted a proposed amendment to the Code of Ethics from the Ethics Board for the Board to consider. The proposal states that members of the Town Board, Planning Board , Zoning Board of Appeals, Assessment Review Board or any other authorized board or town employee is prohibited from representing the interest of a third party before any legal board conducting town business.
MOTION by Councilperson Michaels, seconded by Councilperson Geddes-Atwell, to amend the Town’s Code of Ethics by adding the proposed amendment from the Ethics Board.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
It was agreed that the Ethics Board needs to now come up with an alternative for employees or board members needing to conduct business in front of one of the Boards in the Town.
MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to accept all reports as given.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Town Justices James Wolff and Dora Cooke submitted the court’s year-end reports and bank statements that were reviewed by the Board. Judge Wolff stated that he has a $10,000 grant pending for security cameras and recording devices.
A year-end Town Clerk report was submitted by Town Clerk Pamela Deane, which was reviewed by the Board.
MOTION by Councilman Kiernan, seconded by Councilman Schallert, to accept both the Court and Town Clerk year-end reports as presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten polled the Board to see if they would like to increase the Surety Bond Limit on the Tax Collector and Town Supervisor. Currently it is as $200,000.00
After a short discussion it was the consensus of the Board that the $200,000.00 limit on the Surety Bond was adequate.
Councilperson Geddes-Atwell submitted an amendment to the Procurement Policy. The proposed amendment stipulates that if any employee, elected official or the family of the same, purchases any items offered for sale or donation by the Town, the purchase and/or receipt shall be disclosed to the full board at a regular or special meeting. The purpose is to keep the public aware of even small transactions and to counter any appearance of favoritism or conflicts of interest.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to adopt the proposed amendment to the Procurement Policy.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
RESOLUTION ADOPTED: Resolution Docket pg. 80.
Chairman Breiten discussed the importance of a current inventory not only for the highway department but also of items of importance located in the Town Building. He will draft a form for each department to fill out and submit to the Town Clerk to have on file.
Councilperson Kiernan submitted a proposed change to the current Land Use Law for the Board to consider. The proposed amendment addresses camps, theme parks and amusement parks not exceeding seventy (70) participants.
After a short discussion it was the consensus of the Board to first ask the Planning Board their opinion of the proposed changed.
Chairman Breiten submitted the Highway Superintendents monthly and year-end report prepared by Shawn Mulligan which was reviewed by the Board. Fuel expenses were as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas -0- $ -0- -0- $ -0-
Diesel -0- $ -0- -0- $ -0-
Heating 586.1 $ 1,112.34 586.1 $ 1,112.34
Svc. $ -0- $ -0-
Chairman Breiten in Highway Superintendent Shawn Mulligan’s absence, submitted the Highway Expenditures for 2008 for the Board to review. It was the consensus of the Board to table voting on the expenditures until the February meeting after they have had a chance to talk to Mulligan.
Chairman Breiten also stated that Mulligan has submitted a quarterly progress report to FEMA for the Glimmerglen Road culvert, Hoke Road culvert, Allison Road culvert, Shonehouse Road culvert and the Curry Road stream project.
Councilperson Kiernan stated that the Town’s Memorandum of Agreement (MOA) between the Town and the Watershed Supervisory Committee will expire in April of this year. The way the agreement reads now the Watershed Supervisory Committee has the authority and flexibility to grant variances and approvals to systems within 100 feet of Otsego Lake. The Planning Board suggested that the MOA renewal be a blanket agreement with a 90 day opt out clause instead of a 24 month renewal.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to renew the MOA as adopted in 2006 but changing the 24 month renewal to a blanket policy with a 90 day opt. out clause.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Councilperson Michaels expressed his frustration that the Village of Cooperstown has not been controlling the level of Otsego Lake adequately. The high water causes more erosion to the shoreline and damage to the lake than any boat wake would ever do. Board members agreed with Councilperson Michaels. Councilperson Kiernan will present this problem at the next Watershed Committee meeting.
Town Attorney Martin Tillapaugh will redraft the Memorandum of Agreement with the necessary change.
Jim Wolff said he wants the Board to be aware that the Fly Creek Fire Department will be asking that the Town Board plan ahead and consider installing dry hydrants when replacing bridges or culverts. He added the Fire District would pay the difference in cost.
MOTION by Councilperson Michaels, seconded by Councilman Kiernan, to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be February 13th, 2007 at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 8:40 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk