A combined Public Hearing and Regular Meeting of the Town Board of the Town of Otsego was held on the 11th day of April 2007 at the Town Building, Fly Creek, NY at 7:00 PM
Present:
Meg Kiernan Deputy Chairman
Joseph Potrikus Councilperson
Anne Geddes-Atwell Councilperson
John Schallert Councilperson
Others Present:
Pamela Deane Town Clerk
Mike Miller Zoning Officer
Martin Tillapaugh Town Attorney
Shawn Mulligan Highway Superintendent
In Chairman Breiten’s absence Deputy Chairman Kiernan called the Public Hearing to order. She explained the purpose of the Public Hearing was to hear public comments on the Board’s proposal to limit the construction of permanent or year round residences on seasonal town roads. The reason for this Local Law is to control and limit the issuance of building permits for the construction of permanent residences on Otsego Town Seasonal Roads. This will enable the Town to better control the Town’s cost and obligation to open a significant portion of an existing seasonal road for only one or for a few residences. This proposed Local Law does not prohibit an individual from constructing or improving a structure upon a seasonal road or from residing upon a seasonal road as long as the individual is willing to acknowledge and accept the limited, underdeveloped, unmaintained seasonal nature of the road and accept the responsibility and liability for providing and maintaining their own ingress and egress to their property and structure.
Orlo Burch, resident of Dana Clark Road, felt that approval of this proposed Local Law would cause a decline in property value for land located on seasonal roads and as a result lower potential tax revenue to the town. Families that own land on seasonal roads and have a dream to develop that land in the future will be prohibited from doing so. Mr. Burch wondered how seasonal roads fit into the Town’s Comprehensive Plan. Lastly, Mr. Burch felt all those owning land on a seasonal road should have been notified of the proposal and Public Hearing. Most people don’t routinely read the “Legal Notices”. He recommended that the Board consider holding off voting on the proposed law and develop a scaled and reasonable plan to gradually upgrade and repair all town roads.
Bill Michaels, resident of Brody Mountain Road, stated that he was very much in favor of the proposed law. It does not exclude anyone from building on property located on a seasonal road; it just excludes the Town’s obligation to improve it.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Schallert, to close the Public Hearing.
MOTION CARRIED: All Councilpersons voted aye.
Deputy Chairman Kiernan called the regular meeting to order and asked everyone to rise for the Pledge of Allegiance.
MOTION by Councilperson Potrikus, seconded by Councilperson Geddes-Atwell, to accept the Minutes of March 15th as presented.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Potrikus, to accept the April 2nd minutes as presented.
MOTION CARRIED: Deputy Chairman Kiernan, Councilpersons Geddes-Atwell and Potrikus voted aye. Councilperson Schallert abstained.
Deputy Chairman Kiernan read correspondence received since last meeting:
A letter from NYS Office of Parks, Recreation and Historic Preservation announcing that Grant applications are now available for Parks, Historic Preservation & Heritage Areas System, Invasive Species Eradication and Hudson River Estuary under the NYS Environmental Protection 2007 Fund (EPF) and the Federal Land and Water Conservation 2008 fiscal year Fund (LWCF).
A Certificate of Participation awarded to Bill Michaels for attending the 2nd Rural Issues Conference. Mr. Michaels stated that he found the conference both educational and enlightening and an asset to his service as a member of the Town’s ZBA.
A letter of notification from Doubleday Café, announcing their intention to renew their retail liquor and wine licenses.
Deputy Chairman Kiernan opened the floor for comments.
William Senif of Fly Creek requested permission to hold a firework display on May 12th as part of a fundraiser for Springbrook. The 15-minute firework display would be set off at the Country Club. All permits from the County Code Office have been approved.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Schallert, to approve Mr. Senif’s request for a firework display on May 12th as part of the fundraiser for Springbrook.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
Otsego County Representative Nancy Iversen invited everyone to attend an open meeting held by the County Board of Representatives at the County Offices on April 12th at 7:00 PM. This meeting is to give Otsego County residents an opportunity to address the Board with any questions or comments they may have. Coffee and donuts will be served.
Carl Wenner of Oaksville asked specific questions that he would like answered by either the Board or the Town Attorney, in writing.
Where do our rights come from based on Town documents?
Attorney Tillapaugh agreed to address Mr. Wenner’s questions in writing.
Deputy Chairman Kiernan submitted a financial report that was prepared by Chairman Breiten and which the Board reviewed. Balances are as follow in the various accounts:
General Savings: $ 72,698.25 General Checking: $ 8,624.48
Highway Savings: $ 52,461.99 Hwy Checking: $ 64,316.55
MBIA Gen: $ 596,317.11 MBIA Hwy: $970,018.38
MBIA Hwy Equip: $ 50,401.88
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Potrikus, to pay the following bills and make the necessary transfers.
General: #81-#101 $20,886.32
Hwy: #77-# 99 $48,069.65
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
Highway Superintendent Shawn Mulligan read the Highway Superintendents report. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas 320 $ 727.36 744.4 $ 1,560.24
Diesel 3,365 $ 7,651.87 7,965.2 $ 17,278.16
Heating 1,042.6 $ 2,163.60 4,543.5 $ 9,049.80
Svc. $ 266.28 $ 266.28
Mr. Mulligan stated that because of Linden Avenue is in such poor condition and owned by the Village as well as the Town of Otsego, Superintendent Brian Clancy has requested $5,500 from the Town of Otsego to help with paving costs.
After much discussion it was decided that Attorney Tillapaugh would first meet with the Village and find out how they arrived at $5,500. He was also instructed to ask the Village if the County was requested to contribute to the paving cost since their heavy equipment travels over that road everyday and has contributed to shortening the life span of the road.
Mr. Mulligan submitted an amended Agreement for the Expenditure of Highway Moneys which was reviewed by the Board. Roads he slated for improvements were Curry, Dana Clark, Bissell, Day, Johnston, and Marble.
After much discussion it was agreed that Modified Binder was a much better and more durable product than Hot Mix and should be used on all proposed roads improvements. Because of the cost difference it was suggested Marble Road be removed from the 2007 road improvement schedule and any remaining funds be used to extend proposed work on Johnston Road.
MOTION by Councilperson Schallert, seconded by Councilperson Potrikus, to approve permanent improvements on Curry Road, Dana Clark Road, Bissell Road, Day Road and Johnston Road using Modified Binder.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
Mr. Mulligan reported that he could purchase on State bid a Mack 10 wheeler including dump box, plow and wing for $171,000. He would like permission to order the truck in September, put the expenditure in the 2008 budget, and the truck be delivered in 2008. Mr. Mulligan reported also that the dump boxes on three of the Town dump trucks are rotted out. New boxes with hoists will cost $5,000 each.
Mr. Mulligan reported that OSHA will be making an assessment of the highway garages in the near future. He anticipates their finding several violations.
After a length discussion it was decided that Mr. Mulligan, Councilperson Schallert and Councilperson Potrikus will collectively study the highway inventory list, review the State bid and establish a priority replacement list to present to the Board at the May meeting.
Mike Miller gave Zoning Enforcement Officer’s report. He reported permits issued since last meeting as being:
Zoning Permits: 2
Councilperson Geddes-Atwell reported that she, along with Councilperson Schallert, Attorneys Tillapaugh and Birch, Amy Townsend and Joan Hotaling, met on March 19th to discuss the Lower Toddsville Bridge. Attorney Birch had previously meet with DPW of the County and presented the idea of an established not-for-profit organization take on the bridges maintenance and repair while the Towns of Hartwick and Otsego take on the liability. The Hartwick Historical Society voted at its March meeting to take ownership of the Lower Toddsville Bridge and do a “leaseback” to the Towns to allow for pedestrian and bicycle use across the bridge. The biggest complaint from the group opposing the opening of the bridge for pedestrians was the loitering of unruly kids and a lengthy, if any, response time from the Sheriffs department when filing a complaint.
Mr. Birch presented a copy of General Obligations Law Chapter 24-A Article 9 Title 1 Conditions on Real Property. The State of New York passed a law back in the 80’s insulating private land owners as well as municipalities from liability when opening up property for public recreational use at no charge. The Town would have no duty to maintain it. The County, at the last Department of Public Works meeting, asked that the Towns of Hartwick and Otsego have some show of support for the concept of preserving this historic structure. Attorney Burch asked the Board to approve authorizing Town Attorney Tillapaugh to meet with Hartwick Town Attorney Lynn Green, County Attorney Rod Klefehn and himself to draft a proposed document implementing a lease back agreement and establishing whatever conditions the Board wishes on the resolution, including no town money is to be required to help rehabilitate the bridge.
Joan Hotaling stated that homes generate tax dollars; bridges do not. Reopening the bridge will depreciate the value of homes around it.
Bill Michaels asked why the Town needs to be involved since liability no longer seems to be an issue.
Attorney Tillapaugh agreed but felt by going forward with a “leaseback agreement” with the Hartwick Historical Society, the Town would be able to establish conditions that may address adjoining property owner’s concerns.
Councilperson Schallert asked Attorney Tillapaugh if he was 100% sure that the Town would be 100% free of any liability. He also suggested that maybe money from the Hartwick Historical Society be put in escrow in case bridge repairs need to be made in the future.
Attorney Tillapaugh assured Councilperson Schallert that the whole purpose of this law is to totally preclude liability to anyone owning or leasing property allowing public use for recreational activity free of charge. It’s what is called an absolute defense.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Schallert, to approve the concept of entering into a long term lease with the Town of Hartwick Historical Society for recreational use by the citizens of the Town of Otsego and the general public for walking, biking, fishing, cross country skiing and other non motorized recreational activities provided:
1. The terms of the lease impose the obligation for long term maintenance and repair on the Landlord (Hartwick Historical Society); and
2. The inclusion of such leasehold interest in the inventory of Town properties will not increase the general liability insurance rates fro the Town and
3. The Town of Otsego shall not be obligated to execute such lease until the bridge has been restored, at no expense to the Town, to a state of repair which meets all applicable NY State building code requirements for a pedestrian bridge; and
4. The form of the proposed lease be presented to the Town Board for final approval prior to execution by the Town Supervisor. Further more,
The Town Attorney hereby is authorized to meet with, Hartwick Town Attorney Lynn Green, Hartwick Historical Society acting attorney Robert Birch, and County attorney Rod Klefehn to review and assist in preparation of such resolutions, deeds, easements, and lease agreements as may be necessary to implement said motion.
MOTION
CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
MOTION by Councilperson Schallert, seconded by Councilperson Geddes-Atwell, authorizing Attorney Tillapaugh to draft a letter to the County asking that the Lower Toddsville Committee be given a three month extension.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons vote aye.
Deputy Chairman Kiernan gave a Watershed report. She stated that the Watershed engineer is now going to determine the maximum capacity the Hickory Grove property can hold. Another possible site is at the 5 Mile Condominiums. Once that is determined the Town will hire an engineer to do a feasibility study which will cost approximately $3,900, before deciding on establishing a Sewer District.
Attorney Tillapaugh added that if the Board decides to establish a Sewer District then they would bond the project over a 20 year period and tax those in the sewer district to pay off the bond.
Councilperson Geddes-Atwell reported on the Linden Avenue Project. She stated that the committee is considering three different draft plans. The next meeting the committee will be meeting with the four property owners that might be involved in the project. (NYSEG, Wilber Bank, Cooperstown School, and the Railroad)
Councilperson Geddes-Atwell reported that the Comprehensive Planning Committee is waiting for attorney input before scheduling a Public Hearing.
Attorney Tillapaugh agreed to call Maxwell to see when he plans to schedule a Public Informational Meeting for the revaluation.
Dog Control Officer Report was reviewed by the Board. He showed responding to six calls for the month of March.
MOTION by Councilperson Schallert, seconded by Councilperson Potrikus, to adopt Local Law #1 limiting the issuance of building permits for the construction of permanent residences on Town of Otsego Seasonal Roads.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
MOTION by Councilperson Potrikus, seconded by Councilperson Geddes-Atwell, to hire H. Marie Walters to assist the Town Assessor Ferd Thering.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
MOTION by Councilperson Potrikus, seconded by Councilperson Geddes-Atwell, to pay Ms. Walters $12.50/hr. with 90 days probation.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Potrikus, to go into Executive Session to discuss a personnel problem.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Potrikus, to come out of Executive Session.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
Deputy Chairman Kiernan stated that no decision was made in Executive Session.
MOTION by Councilperson Potrikus to adjourn.
MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.
The next regular meeting will be May 9th, 2007 at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 10:00PM.
Respectfully Submitted,
Pamela Deane
Town Clerk