The regular meeting of the Town Board of the Town of Otsego was

A Regular Meeting of the Town Board of the Town of Otsego was held on the 9th day of May 2007 at the Town Building, Fly Creek, NY at 7:00 PM

Those present were:

Thomas Breiten Chairman

Joseph Potrikus Councilperson

John Schallert Councilperson

Others Present:

Pamela Deane Town Clerk

Mike Miller Zoning Officer

Martin Tillapaugh Town Attorney

Shawn Mulligan Highway Superintendent

Chairman Breiten called the regular meeting to order at 7:00 PM and asked everyone to rise for the Pledge of Allegiance.

Chairman Breiten introduced Otsego Watershed Co-coordinator Win McIntyre, and Engineer Tim Wales. Each took turns explaining the proposed location, benefits and cost of the proposed Sewer District for Otsego Lake. The proposed Sewer District would be located 1000 feet from Otsego Lake shoreline north of the Hickory Grove down to, but not including, the Glimmerglass Condominiums. The sewer line would run along State Highway 80, Badger Lane and Lakeshore Drive. The Town would own the system and the users would be responsible for recovery of operation, and maintenance costs. Having a sewer system verses 60 individual systems would better protect the lake’s water quality. Costs would be spread over at least a 20 year period. A rough estimate of the system’s cost was $1,772, 000.00 and a yearly operating and maintenance cost of $1,265 per camp. An initial hook-up charge for each user was estimated to be $4,200. Engineer Tim Wales explained that the grinder pumps at each camp would pump the waste water to the system where it would be treated.

Some of the concerns voiced by the approximate 50 people in attendance were:

Those tying into the system now would be stuck with the brunt of the construction costs and those tying into the system later only responsible for the operating and maintenance costs.
Answer: People that tie into the system later will have to pay their share of the capital cost.
What happens to those that just went through the process of replacing their system? Would they have the option to opt out of using the system and use their own?
Answer: Those people can opt out of being included in the Sewer District.
Was sharing a system with Springfield ever explored?
Answer: No
Would there be a lower fee for seasonal camp owners vs. year round residents?
Answer: Good question.
How clean is the treated discharged water?
Answer: The water is drinkable quality.

Engineer Wayne Bunn, who also has a camp on Otsego Lake, stated that he was in support of the concept of the Sewer District but suggested that the Watershed put a hold on new septic systems for now. The more new systems that go in, the less interest there will be in the proposed Sewer District.

Over all the audience was in favor of the concept of the Town forming a Sewer District along Otsego Lake.

Chairman Breiten thanked Win McIntyre and Tim Wales for their presentation.

Chairman Breiten reviewed correspondence received since last meeting:

Notification from the Fly Creek Cider Mill that they’re in the process of renewing their license to operate their farm winery.
A letter from NYS DOT Regional Planning & Program Manager Pamela Eshbaugh, P.E., stating that funding for the Scenic Walk to the Farmer’s Museum project has been withdrawn.
Notification that the State Senate approved legislation on April 25^th allowing the Towns of Richfield Springs, Otsego and Exeter to create a Canadarago lake protection and improvement distrtict.
A letter of resignation from Zoning Enforcement Officer Mike Miller.
A letter of interest and resume from Daniel Wilber applying the Zoning Enforcement Officer position.

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

General Savings: $ 52,698.25 Highway Savings: $ 2,433.99 MBIA Gen: $ 598,760.20

General Checking: $ 10,812.44 Hwy Checking: $47,209.50 MBIA Hwy: $1,174,182.43

MOTION by Councilperson Schallert, seconded by Councilperson Potrikus, to pay the following bills and make the necessary transfers:

General: #102-#129 $ 26,952.59

HWY: # 98-#122 $ 38,018.55

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

MOTION by Councilperson Schallert, seconded by Councilperson Potrikus, that Assessor Assistant H Marie Walters, submit a voucher with the warrants each month with her hours not to exceed an average of 15 hours a week .

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

Highway Superintendent Shawn Mulligan gave the highway report. Fuel expenses are as follow:

FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.

Gas 46 $ 113.76 790.4 $ 1,674.00

Diesel 1,601.5 $ 3,683.23 9,566.7 $ 20,961.39

Heating 619.8 $ 1,333.19 5,163.3 $ 10,382.99

Svc. $ 266.28 $ 266.28

Shawn reported that the 1985 4X4 plow truck needs a new transfer case. The repair will cost a minimum of $6,000

Shawn also reported that there is an erosion problem on Keating Road and Bissell Road. He’s hired an engineer to give him a plan of action and cost estimates. Project Worksheets have been filed and submitted with FEMA for possible reimbursement and necessary permits filed with DEC.

Chairman Breiten submitted a contract from the Village asking that the Town contribute $5,500 toward paving Linden Avenue.

MOTION by Councilperson Potrikus, seconded by Councilperson Schallert, to approve spending $11,500.00 to pave Linden Avenue. ($5,500.00 to cover the paving cost from Taylors – High School $6,000.00 to cover the paving cost from the High School to the Baptist Church).

MOTION CARRIED: Chairman Breiten and all Councilpersons vote aye.

Shawn will try to include the Linden Avenue project on the CHIP’s Agreement.

Councilperson Schallert suggested that compaction tests be done routinely on roads scheduled for paving. The Board agreed that this might be a good idea.

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

Zoning Permits: 3 Demolition Permit: 2

Mike reported on Planning Board and ZBA actions.

Chairman Breiten thanked Mike on behalf of the Board, for his service to the Town of Otsego and wished him well in his next endeavor.

The Board discussed briefly what to do with applications in the interim and it was the consensus to see if any Planning Board members would be interested in reviewing Zoning Permits until the position is filled.

Planning Board Chairman Paul Lord asked for the Town Board’s support for a public hearing on the proposed Comprehensive Plan. A public hearing has been scheduled for May 23^rd at 7:00 PM.

Paul stated that there were some issues in the Land Use Law that need to be addressed. Self Storage Units for one and incorporating the newly adopted Local Law Limiting Construction on Seasonal Roads with the Land Use Law rather than being a Local Law all by itself.

Chairman Breiten suggested that the Planning Board draft a list of changes and submit proposed wording to the Town Board for review. Paul agreed.

Dog Officers report was reviewed by the Board. Tom Steele responded to 4 calls in April.

Town Attorney Martin Tillapaugh reported that he and Attorney Bob Burch have not met to discuss further the Lower Toddsville Bridge.

Joan Hotaling stated that a car was broken into on the Hartwick side of the bridge. She wants extra liability placed on her property if the bridge is reopened in case a pedestrian strays onto her property and gets hurt.

MOTION by Councilperson Potrikus, seconded by Councilperson Schallert, to advertise the Zoning Enforcement Officer vacancy and schedule interviews on June 13^th.

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

Chairman Breiten stated that Assessor Assistant Marie Walters had requested authorization to attend an assessor training class that is being offered.

MOTION by Councilperson Potrikus, seconded by Councilperson Schallert, to approve Marie’s request to attend an assessor training class, the total cost not to exceed $800.00.

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

Town Attorney Martin Tillapaugh stated that he has received and reviewed the Time Warner Franchise Agreement and suggested that it be sent to the NYS Public Service Commission for review and comment. He explained that their sole purpose is to review franchise agreements on behalf of municipalities, villages and town’s and tell them where they stand as it relates to other town’s franchise agreements. The purpose is to make negotiation more even. There would be no cost to the Town.

It was the consensus of the Board that, at the request of the Town Attorney, the Time Warner Franchise Agreement be sent to the State Communication Center for review and comment.

Chairman Breiten reported receiving from FEMA $29,522.00 to cover the cost of replacing a embankment that collapsed at the upper Stone House bridge. Since this collapsed embankment prohibited Thomas Sansone and Ruth Beardsley from using their driveway Sansone and Beardsley paid Bassler Construction $29,522.00 to replace the embankment. Chairman Breiten submitted the bill and a project worksheet to FEMA and FEMA has sent a reimbursement check to the Town. The Town acted as a conduit to get reimbursment for Sansone and Beardsley. Chairman Breiten raised two concerns. The first being the Town doesn’t want to be responsible for Sansone and Beardley’s driveway and secondly what happens if the Town gives the $29,522.00 to Sansone and Beardsley, FEMA does an audit and then decides the claim was not a legitimate one. How does the Town get the money back from the Sansone and Beardsley?

Attorney Tillapaugh stated that he has drawn up an Indemnity Agreement whereby Sansone and Beardsley agree to let the Town put a lien on their Stone House Rd property incase FEMA requests a return of the $29,522.00. They acknowledge that the Town is going to give them the money they received from FEMA for the replacement of the embankment minus administration fees. The Town will have no ongoing liability for the work that was done. The agreement continues until the completion of the FEMA audit. Sansone and Beardsley have signed the agreement. Tillapaugh requested authorization from the Board allowing Chairman Breiten to also sign the Indemnity Agreement and release $29,522.00 to Sansone and Beardsley.

MOTION by Councilperson Potrikus, seconded by Councilperson Schallert, authorizing Chairman Breiten to sign the Indemnity Agreement between the Town and Thomas Sansone and Ruth Beardsley and release $29,522.00 of the FEMA reimbursement to them.

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

Chairman Breiten read a letter from Judge Wolff and Judge Cooke asking the Board to pass a resolution authorizing the Town Supervisor to sign the Justice Court Assistance Program Grant application whereby they are applying for a security camera system, a metal detector for the entrance doors and a panic button alert system and any other safety improvements deemed necessary.

MOTION by Councilperson Schallert, seconded by Councilperson Potrikus, authorizing Chairman Breiten to sign the Courts Assistance Program Grant application.

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

RESOLUTION ADOPTED: Resolution Docket pg. 66.

MOTION by Councilperson Schallert, seconded by Councilperson Potrikus, to go into Executive Session to discuss a personnel issue.

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

MOTION by Councilperson Potrikus, seconded by Councilperson Schallert, to come out of Executive Session.

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

MOTION by Councilperson Schallert to adjourn.

MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.

The next regular meeting will be June 13, 2007 at 7:00 PM at the Town Building in Fly Creek.

Meeting ended at 10:45M.

Respectfully Submitted,

Pamela Deane/Town Clerk