A Regular Meeting of the Town Board of the Town of Otsego was held on the 28th day of February 2007 at the Town Building, Fly Creek, NY at 6:00 PM


Those present were:

Thomas Breiten Chairman

Joseph Potrikus Councilman

Ann Geddes-Atwell Councilperson

John Schallert Councilman

Meg Kiernan Councilperson


Others Present:

Pamela Deane Town Clerk

Mike Miller Zoning Officer

Martin Tillapaugh Town Attorney


MOTION by Councilperson Kiernan, seconded by Councilman Potrikus, to go into Executive Session to interview applicants for the ZBA vacancy.


MOTION CARRIED: Chairman Breiten and all Councilmen and Councilpersons voted aye.


MOTION by Councilman Schallert, seconded by Chairman Breiten, to come out of Executive Session.


MOTION CARRIED: Chairman Breiten and all Councilmen and Councilpersons voted aye.


Chairman Breiten called the regular meeting to order at 7:00 PM and announced that while in Executive Session no decisions were made. He then asked everyone to rise for the Pledge of Alligence.


Councilperson Geddes-Atwell, Councilmen Schallert and Potrikus had correction they wanted made to the January 10th minutes.


MOTION by Councilman Potrikus, seconded by Councilperson Geddes-Atwell, to accept the January 10th minutes as amended.


MOTION CARRIED: Chairman Breiten and all Councilmen and Councilpersons voted aye.


Councilman Potrikus asked for a modification to the February 9th minutes.


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to accept the February 9th minutes as amended.


MOTION CARRIED: Chairman Breiten and all Councilmen and Councilpersons voted aye.


MOTION by Councilperson Geddes-Atwell, seconded by Councilman Potrikus, to accept the Minutes of February 19th as given.


MOTION CARRIED: Councilmen Schallert and Potrikus and Councilperson Geddes-Atwell voted aye.

Chairman Breiten and Councilperson Kiernan abstained.


Chairman Breiten reviewed correspondence received since last meeting:









Chairman Breiten opened the floor for comments.


Frank Traglia, representative from the Canadarago Lake Improvement Association and Town of Otsego resident, informed the Board that he will be acting as a contact person to answer any questions or concerns about the bill the State Assembly has proposed. The proposed bill allows a Lake District to be formed which would then need the approval from the three Towns that surround Canadarago Lake. Traglia can also be contacted through the association’s website www.canadaragolake.com


Sheila Ross asked what the status is on a new highway garage.


Councilman Schallert answered that $50,000 was appropriated in this years budget to drill a well, put in a septic system and place a small addition at the Cemetery Rd. Highway site.


Councilmen Schallert and Potrikus volunteered to review previous engineer plans for a new highway garage and be prepared to make a recommendation to the Board at the next meeting.


Carl Wenner made clear to the Board that he still feels that the Comprehensive Plan is un-American. He is still waiting to hear from anyone on the Board how the Constitution allows local government to tell property owners what they can and can’t do with their land. In closing Wenner asked the Board to think about how over 100 years ago the founders of this country fought for individual rights. Where does it stop?


Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:


General Savings: $322,602.17 General Checking: $ 12,693.29

Highway Savings: $522,259.85 Hwy Checking: $109,102.27

MBIA Gen: $381,130.74 MBIA Hwy: $413,108.13


MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to approve the financial report as given.


MOTION CARRIED: Chairman Breiten and all Councilmen and Councilpersons voted aye.


In Highway Superintendent Shawn Mulligan’s absents Chairman Breiten read the Highway Superintendents report. Fuel expenses are as follow:


FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.

Gas -0- $ -0- -0- $ -0-

Diesel 2,633 $ 5,403.50 2,897.5 $ 5,956.02

Heating 1,837 $ 3,534.42 2,120.3 $ 4,098.67

Svc. $ 266.28 $ 266.28


Attorney Tillapaugh added that he’s been in contact with DEC discussing the numberous highway violations against the Town. All but two of the violations have been corrected. DEC has issued a consent order whereby the Town agrees to honor provisions and conditions of the agreement and pay a $1,500 fine. The Order needs to be signed by the Town Supervisor by March 9th, 2007.


MOTION by Councilperson Geddes-Atwell, seconded by Councilman Potrikus authorizing Chairman Breiten to sign the Consent Order issued by NYS D.E.C.


MOTION CARRIED: Chairman Breiten and all Councilmen and Councilpersons voted aye.


Chairman Breiten submitted the Agreement for the Expenditure of Highway Moneys prepared by Highway Superintendent Shawn Mulligan which was reviewed by the Board.


MOTION by Councilperson Kiernan, seconded by Councilman Potrikus, to approve the Agreement for the Expenditure of Highway Moneys.


Councilman Schallert stated that many of the Town’s paved roads are in very poor condition and felt it was more important to resurface them first before addressing the roads scheduled for permanent improvements.


Chairman Breiten questioned whether or not the schedule can be changed after being filed with the State five years ago. After a short discussion it was decided that the MOTION will be tabled until next meeting giving Town Attorney Tillapaugh time to research whether or not the schedule can be changed.


Mike Miller gave Zoning Enforcement Officer’s report. He reported permits issued since last meeting as being:

Zoning Permits: 5 Firework permit: 1


Miller asked the Town Board to review and make a determination on the Otesaga Hotel firework display.


MOTION by Councilman Schallert, seconded by Councilperson Geddes-Atwell, to approve the Otesaga Hotel’s firework permit application for Friday March 2nd.


MOTION CARRIED: Chairman Breiten and all the Councilmen and Councilpersons voted aye.


Chairman Breiten asked the Board if they felt it necessary for each firework permit applicant to get Town Board approval. The applicant must also obtain a permit from the County. The County does a thorough job addressing all safety issues before issuing the permit.


After a short discussion it was decided that the Board still wished to continue reviewing all firework permits. With more and more requests for firework permits the Board is concerned residents may start to get annoyed at which point they would have the option to deny the permit.


Watershed report was given by Councilperson Kiernan. Representatives from NYS DEC Environmental Facility Corporation will be attending the Town Board March meeting to discuss the mechanics of establishing a sewer district and the availability of financing of the project.


Comprehensive Plan report was given by Councilperson Geddes-Atwell. The committee is working on reducing the size of the draft to under 20 pages. They are hopeful that the Plan will be ready for a Public Hearing soon.


Chairman Breiten submitted the Dog Officer report prepared by Tom Steele. Steele answered 10 calls in January and February.


Town Revaluation update was given by Councilperson Kiernan. Maxwell has scheduled an informational mailing for the first part of April. Once that’s completed data will start to be collected. Contracts have been signed and everything is ready to go.


Linden Avenue update was given by Chairman Breiten. He submitted an informational packet for the Boards review. A public participation meeting has been set for March 1st. The committee is looking for public input in drafting a preliminary design scheme. The committee has reviewed property ownership, existing conditions, preliminary conceptual sketches, and property ownership co-ordination. Breiten brought to the Boards attention that part of Linden Avenue is in the Town of Otsego and much of what the committee would like to do is not permitted in that district. He suggested that once the Comprehensive Plan is completed a committee of Town residents and Board members get involved in the Linden Avenue project and recommend changes that would allow more of a gateway into Cooperstown.


Lower Toddsville Bridge update was given by Councilperson Geddes-Atwell. She attended a Hartwick Lower Toddsville committee meeting whereby they too expressed a concern about liability and money. Councilman Schallert agreed to join Councilperson Geddes-Atwell as a liaison.


Joan Hotaling asked that she be informed along with her opposing neighbors, of any committee meetings addressing the Lower Toddsville Bridge.


Attorney Robert Birch stated that since January, Hartwick Town Board, Otsego Town Board and the County Public Works Committee have shown a positive response to restoring the Lower Toddsville Bridge as a pedestrian walkway and bicycling path. They have gotten a detailed engineering report which revealed that this is a doable project at not get cost depending at what extent you can have volunteer labor. The engineer projected the repair cost would be $33,000 with volunteer labor verses $100,000.00 to $150,000.00 if the work is contracted out. In order to apply for grant funding the owner of the bridge join in the application. The current owner is the County of Otsego. The County is reluctant to join in the application unless the Towns of Hartwick and Otsego are willing to accept the bridge offer back to them. The groups primary interest is in preserving the history of the bridge.


Councilman Schallert stated that he wasn’t sure this Town Board ever indicated that they would be willing to take the bridge over at any point under any conditions.


After a short discussion it was the consensus of the Board that Councilman Schallert, Councilperson Geddes-Atwell, Town Attorney Tillapaugh and Attorney Burch would agree to meet a discuss the proposed project further.


Attorney Tillapaugh stated that he has been trying to schedule a meeting with insurance representative Dan Branagan to discuss the Town retiree health plan. The retirees need to be made aware that they loose medicare benefits once they are covered by BlueCross PPO insurance. Tillapaugh will schedule a time when Branagan can meet with the retirees to explain their coverage.


MOTION by Councilperson Kiernan, seconded by Councilman Potrikus, to reappoint Anthony Scalici to the Zoning Board Appeals term ending 12/31/11.


MOTION CARRIED: Chairman Breiten and all Councilmen and Councilpersons voted aye.


Stonehouse Road bridge and Allison Road bridge engineering update given by Councilman Schallert. Schallert submitted a hydraulic analysis report from Spectra Engineering for the Board to review. The report gives three alternative options for the lower Stonehouse Road Bridge, Pipe Arch, Metal Box Culvert and Concrete Box Culvert. Spectra will have preliminary cost estimates for the three options by the March meeting.


Councilperson Kiernan stated that the Board of Ethic committee still needs one more person. Another add will be placed.


Councilperson Kiernan submitted a proposed resolution which states that the National Incident Management System (NIMS) be utilized for planning , training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters. Kiernan stated that in the future funding will not be available to those not in NIMS compliance.


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to adopt the proposed NIMS Resolution.


MOTION CARRIED: Chairman Breiten and all Councilmen and Councilpersons voted aye.


Councilperson Geddes-Atwell submitted proposed changes to the current Procurement Policy which was reviewed and discussed by the Board. It was to table voting on the proposed changes until the March meeting.


Attorney Tillapaugh informed the Board that the Town lost the Article 78 decision against Bowers and the Town Planning Board. Bowers challenged the Planning Boards decision to grant Mark LaValley a Special Permitted Use Permit for his proposed Service Trade Establishment on Keating Road.


Attorney Tillapaugh informed the Board that the Town, Cooperstown School and the Village of Cooperstown lost their case against Key Bank. The owners of the Key Bank Building on Main Street Cooperstown asked that their assessment be reduced. The court granted them a reduction from $2,000,000.00 to $650,000.00. The Town owes them for three years of overpayment of taxes.


Councilman Schallert ask Attorney Tillapaugh to be ready to present a draft resolution at the March meeting addressing year round houses being built on seasonal roads in the Town of Otsego. His fear is the cost to improve a seasonal road to a year round road is going to bankrupt this town.


Councilperson Kiernan asked the Board if they would consider changing the March meeting from the 14th to the 15th.


MOTION by Councilperson Geddes-Atwell, seconded by Councilman Potrikus, to move the March 14th meeting to March 15th.


Chairman Breiten felt it was important to keep the meeting night the same.


MOTION CARRIED: Chairman Breiten voted no. All Councilmen and Councilpersons voted yes.


Chairman Breiten read a letter of notification from the Blue Mingo Grill notifying the Board that they intend to renew their seasonal liquor license for the 2007 season.


MOTION by Councilman Potrikus to adjourn.


MOTION CARRIED: Chairman Breiten and all Councilman and Councilpersons voted aye.


The next regular meeting will be March 15th, 2007 at 7:00 PM at the Town Building in Fly Creek.


Meeting ended at 10:40M.



Respectfully Submitted,



Pamela Deane

Town Clerk



























MOTION by Councilman Geddes-Atwell, seconded by Councilman Potrikus, to pay the following bills minus any sales tax added to any of the totals.


GENERAL: #

HIGHWAY: #


MOTION CARRIED: All Councilmen voted aye.


MOTION by Councilman Potrikus, seconded by Councilman Geddes-Atwell to adjourn.


MOTION CARRIED: All Councilmen voted aye.

Meeting was adjourned.


Meeting ended at 9:30 am.



Respectfully Submitted,




Pamela Deane

Town Clerk