The Regular Meeting of the Town Board of the Town of Otsego was held on the 8th day of February 2006 at the Town Building, Fly Creek, and NY at 7:00 PM.
Those present were:
Thomas Breiten Chairman
Orlo Burch Councilman
Ann Geddes-Atwell Councilman
John Schallert Councilman
Others Present:
Pamela Deane Town Clerk
Louie (Spike) Boyd Highway Superintendent
Martin Tillapaugh Town Attorney
Chairman Breiten called the meeting to order. He asked that everyone please rise for the Pledge of Allegiance.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to accept the January 11th minutes as presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten reviewed with the Board correspondence received since last meeting. Among those some were as follow:
A letter from attorneys Bond, Scholic & King stating that CSEA representatives have rejected the Town’s proposal and recommended how the Town should proceed.
A letter from Cemetery Road resident Ann Vickory. She states that she feels the million-dollar estimate for a new town barn is absurd. The increase of truck traffic has made it impossible to leave windows open, use her porches, adds risk to walkers bikers, children and their animals, water supply is questionable, property values continue to drop and the environment is polluted with diesel fumes both winter and summer. Cemetery Road is a narrow street and never was intended to be a thoroughfare in an historic district.
A letter of resignation from Lynn Bass resigning her role as accountant for the Town of Otsego effective January 1, 2006.
A proposal for compensation for services to oversee the Town Building renovation and addition project from engineer Johannes deWaal in the amount $7,600. This would include attending meetings, site inspections, shop drawing review, schedule review, lump sum payment breakdown review, payment requisition review, change order preparation and review and punch list preparation.
A letter of resignation from Zoning Enforcement Officer Sal Furnari.
A letter from Joseph Galati expressing concern that while owning eight properties in the Town of Otsego he never received a survey. After reviewing the survey he did not feel there were a number of irrelevant and misleading questions nor were those who rent in the Town of Otsego asked to participate in the survey.
A letter of resignation from Highway Superintendent Louie Boyd, which stated that his effective date and time of resignation would be February 26, 2006 at 11:59 PM.
A letter of interest in being appointed to the Highway Superintendent position along with a complete resume from Fly Creek resident Bryan Pernat.
Chairman Breiten introduced Martha Clarvoe from the Otsego County Conservation Association who presented a power point presentation on Trash Burning. During her presentation it was revealed that approximately 1/3 of Otsego County residents burn their trash. The problem is the fire does not burn hot enough to get rid of all the toxins. Released toxic chemicals cause adverse health impacts, are illegal in some places, and end up in food supply. Backyard burning has causes accidental fires. She asked the Town Board to consider passing a Local Law prohibiting burn barrels and submitted for the Board to review sample legislation. Councilman Burch will ask Councilman Kiernan to assist him in reviewing the sample legislation.
Chairman Breiten opened the floor for comments.
James Simmons from Hartwick Seminary had a complaint about receiving an eviction notice from mobile home park owner and former Zoning Enforcement Officer Sal Furnari. The Town Board explained that they have no jurisdiction over what happens in Hartwick and suggested that he take his complaint up with the Town of Hartwick Town Board.
Bill Michaels resident of Brody Mountain Road stated that he appreciates the fact that the website has a lot of valuable information. He asked the Board to consider establishing a policy whereby only facts vs. opinions are put on the Town’s website. Right now the “Current Issue” section has a lot of opinions expressed.
Barbara Lyons resident of Cemetery Road, stated that she supports the idea of the Town establishing a Historical District. She feels however, that the new Town Barn project proposal does not co-ensides with the idea of the historic community, the expense is massive and a definite detriment to the residential area. She asked what provisions the Town is going to offer to Cemetery Road residents to help with lose of property values.
Ann Gieger resident of Cemetery Road asked the Board to consider making Cemetery Road to Feed Store Road one-way. She offered this as a suggestion because the intersection of County Highway 26, Cemetery Road and State Highway 28 is dangerous.
Highway Superintendent Louie (Spike) Boyd stated that NYS D.O.T. be asked to do a traffic study and they ultimately would make that determination.
Sheila Ross resident of Willow Avenue, stated that she objects to the cost of the proposed highway garage but pointed out that it has been there for better than 30 years. She has lived there for 15 years and traffic is no more now then it was 15 years ago. She suggested that the Town downsize its inventory and build a smaller facility.
Chairman Breiten stated that there is a need to clean up and improve the facility.
Chairman Breiten closed the floor for Public Comments.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 1,434.30 General Checking: $ 55,713.10
Highway Savings: $ 748.29 Highway Checking: $367,639.52
6 month Certificate of Deposit: $800,000.00
MBIA: $210,019.49
Chairman Breiten estimated interest revenue by August to be $26,623.00.
Annual Audit reports of the Town Clerks/Tax Collector’s Office, Town Justice Department, and Supervisor’s Office were turned in by each Councilman. (filed with Town Clerk)
MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to accept the financial report as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Schallert, to pay the following invoices:
GENERAL: #1-# $ 4
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Superintendent of Highway report was given by Louie (Spike) Boyd. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas -0- $ -0- 55.0 $ 99.20
Diesel 900.7 $ 1,881.65 1,125.6 $ 2,334.27
Heating 1,140.0 $ 2,350.37 1,797.9 $ 3,633.60
Svc. $ 160.23 $ 368.38
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to accept the Superintendent of Highway report.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
In reference to the Zoning Enforcement Officer position or lack there of Chairman Breiten stated that he took care of all the messages left on Sal’s answering machine and left a new message. Planning Board Chairman Jonathan Bass stated that Planning Board members Paul Lord and John Stucin have volunteered a few hours a week to assist Planning Board applicants until the Town Board hires another Zoning Enforcement Officer.
Chairman Breiten submitted the Dog Officers report submitted by Wolfgang Merk, which was reviewed by the Board. The report showed 1 dog bite and 1 lost dog in December and no calls in January.
Town Historian Tom Heitz reported that he is actively collecting information for the Town’s website.
Chairman Breiten reported that the Comprehensive Planning Committee has scheduled two more community meetings. One with Local Business Owners and the other with the Farming Communities and Agricultural Land Owners.
The committee notified the subcontracted firm hired to manage the survey, that they had received complaints from residents willing to participate in the survey but were did not receive a survey card. Additional user names and passwords were then generated for any Town resident not mailed a survey card and wanting to participate.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to accept all reports as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten stated that the Village of Cooperstown has had some major difficulties with their revaluation. Chase Valuations scrambled to the work done on time. The work needs to be perceived by the State and the property owners as fair. Chairman Breiten warned the Board that they need to tread cautiously.
Town Attorney Martin Tillapaugh, report that he and Councilman Kiernan meet with Kathleen Chase owner of Chase Valuations. It was made clear to Kathleen that all bills need to be outlined and clearly justified. At present she has no staff.
MOTION by Councilman Geddes-Atwell seconded by Councilman Burch, to schedule a meeting with Kathleen Chase for Wednesday February 15th at 7:00 PM to discuss the revaluation contract.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten reported meeting with engineer Johannes deWaal and contractor Terry Morley to discuss the Town Building renovations. The work is planned to start this spring.
Councilman Burch stated that he was in favor of Johannes deWaal’s proposal to oversee the project.
After discussion it was agreed that the Board would like to see Johannes payment proposal modified and payments to be made at the same percentage as the contractors estimated payment for work completed verses four monthly installments. Chairman Breiten will contact Johannes to see if he is agreeable with this arrangement.
MOTION by Councilman Burch, seconded by Councilman Schallert, authorizing Chairman Breiten to sign engineer Johannes deWaal’s proposal.
After further discussion it was agreed that the Board would wait before signing an agreement with Johannes to see if hiring a code enforcement officer isn’t a better solution
Chairman Breiten called for a vote. Motion died.
Planning Board Chairman Jonathan Bass submitted a copy of the proposed Memorandum of Agreement between the Town of Otsego and the Watershed Supervisory Committee, which facilitates and enhances the cooperation between the Town of Otsego and the Watershed Supervisory Committee and clarifies authoritative jurisdiction under existing local and state regulations that addresses septic systems on Otsego Lake. Jonathan explained that the Planning Board is not concerned with the septic systems themselves because the Department of Health and the Watershed Committee have approved them. The Planning Board would still like to retain a right to review above ground systems primarily for esthetic purposes. He submitted a proposed change to Sections 4.02 and Sections 4.04, which address that.
Engineer John McManus for Lamont Engineering proposed a modification to the proposed language for Sections 4.02 and 4.04. The Board was in agreement that with the modification the sentence was clearer.
MOTION by Councilman Schallert, seconded by Councilman Geddes-Atwell to schedule a Public Hearing on March 8th at 7:00 PM for proposed changes to Sections 4.02 and 4.04 of the Land Use Law submitted by engineer John McManus.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The Memorandum of Agreement will be amended by the Watershed Committee to coincide with the proposed Land Use Law changes and sent to the County Planning Board for review.
Chairman Breiten presented a proposal from Gruver, Zweifel & Scott LLP accounting service which would be willing to review the Supervisors accounts either quarterly or annually for $200 or $800 a year.
After much discussion it was decided that Councilman Burch would solicit proposals from local firms before making a decision.
In reference to the Highway Superintendent appointment the Board discussed salary and options. It was decided that the Town Clerk will advertise the position with a salary of $28,000-$38,000 based on experience. The Board set a deadline on February 22 and scheduled a meeting on February 23rd at 7:00 PM to conduct interviews.
In reference to the Zoning Enforcement Officer position the Board went back and fourth with reinstating the Code/Zoning Enforcement Officer position or keep the position simply Zoning Enforcement Officer. Councilman Schallert stated that he had talk to nine people wanting the Town to reinstate the Code Enforcement Officer position. He was optimistic that retired County Code Enforcement Officer David West, would be interested in working 40-50 hours a month for $12-$13,000.00 a year. He pointed out that he would be qualified to oversee the Town Building renovation project.
The Town Clerk was instructed to place advertisement advertising for a Zoning Enforcement Officer asking that interested parties please send resumes by February 22nd.
Councilman Schallert will contact former County Code Enforcement Officer James Leo and David West to see if either is interested in temporarily acting as Zoning Enforcement Officer until one is hired by the Town Board.
MOTION by Councilman Burch, seconded by Councilman Schallert, to adjourn to Executive Session for the purpose of discussing the CSEA contract.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to create the position of Deputy Highway Superintendent as provided in Section 32 in Town Law.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Burch, seconded by Councilman Schallert, to notify the CSEA that the Town Board intends to proceed to Fact Finding relative to the CSEA Labor contract.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Schallert, to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be March 8th at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 11:15 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk
Chairman Breiten gave an update on the 5 acres of land Art Andrew’s would like to donate to the Town. There would be no additional charge to the Town’s insurance. He made clear to Mr. Andrews that the Town did not want to be responsible for the dam. Mr. Andrews agreed that access to the 5 acres must be from County Highway 26 because Day Road would be too dangerous. Chairman Breiten stated that he was unable to reach NYS Parks and Recreation to inquire what is required for handicap accessibility.
MOTION by Councilman Tucker to adjourn
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be held on December 28th at the Town Building in Fly Creek at 9:00 AM.
Respectfully Submitted
Pamela Deane
Town Clerk