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 11th day of July 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

Martin Tillapaugh Town Attorney

In Chairman Breiten’s absence Deputy Chairman Kiernan called the meeting to order and asked everyone to rise for the Pledge of Allegiance.

MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Potrikus, to accept the Minutes of June 13^th as presented.

MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.

Deputy Chairman Kiernan turned the floor over to Watershed manager Win McIntyre. He reminded the Board that approving an engineer study for the proposed sewer district at Hickory Grove Inn on the east side of Otsego Lake was tabled until the owner of the Inn Marie Curpier, decided on an asking price for an easement to the property.

Town Attorney Tillapaugh stated that two local realtors to estimate the properties value to be between $80,000 -$100,000. Marie Curpier’s broker estimated the property to be worth $200,000.

McIntyre provided a map which the Board reviewed showing the proposed septic system site. The Hickory Grove Inn needs a substantial amount of the area. The area behind the Inn can handle a maximum of 170 three bedroom camps. Attorney Tillapaugh felt the value placed on the land in question, is highly inflated by both brokers since the only purpose it could ever serve is a septic system. It isn’t large enough to subdivide. The Town is only offering to buy an easement of the property not ownership. Curpier would be getting her septic system free as part of the agreement which would be a $25-$30,000 savings. McIntyre is confident that a reasonable agreement can be made with Curpier.

MOTION by Councilperson Schallert, seconded by Councilperson Potrikus, to authorize Wales Engineering Firm to conduct an engineer study for the proposed sewer district not to exceed $13,000.00.

MOTION CARRIED: Deputy Chairperson Kiernan and all Councilpersons voted aye.

McIntyre asked to be named Project Manager. As Project Manager he would handle SEQRA, apply for funding grants, act as overseer of the project. If the sewer district is established those participating in the district would be billed for his time.

MOTION by Councilperson Potrikus, seconded by Councilperson Geddes-Atwell, to appoint Win McIntyre Project Manager should the project proceed.

MOTION CARRIED: Deputy Chairperson Kiernan and all Councilpersons voted aye.

Deputy Chairman Kiernan read correspondence received since last meeting:

A letter from Carl Wenner asking if it is the official position of the Town Board that an individual rights can be taken away by a majority vote is democratic or is it the town’s position that we live in a representative republic under a constitution that protects the rights of citizens from what is called the “tyranny of the majority”. He asked for a written response from each Board member stating their position.
A letter from David Borgstrom listing 13 expectations that are to be taken into account of all the hard work put forth by hundreds of volunteers and the play of thousands of children who comprise Cooperstown Youth Baseball (CYB) past and present. He is not in favor of CYB relocating and therefore maintain complete autonomy and retains full usage rights of the property for at least one hundred years.
A letter from Bill Michaels clarifying a comment he made at the Comprehensive Planning Committee meeting. His comment was in response to another residents position that there was a need to create more communities within the RA districts. His belief is that he does not see the need for the creation of overlay zones which promotes the creations of “communities” outside of the existing hamlet. Michaels believes that doing so would further fractionalize, compartmentalize and segment our small town’s population into zones which do not have the services, businesses and close proximities or characteristics of neighborhoods.

Deputy Chairman Kiernan opened the floor for comments.

Sue Gage stated that she was asked to speak on behave of her father Gerald Goodspeed and Ed Koshar, both retirees from the town highway department. Gage stated that Medicare Part B under the old plan was optional. Under the new plan it is mandatory they have it. The cost is $93.50 per person per month.

The CSEA contract that both men retired under states that the Town of Otsego will provide fully paid health individual and family insurance for all full time employees. Her argument is if Medicare Part B is mandatory in order to be covered under the PPO Medicare Insurance Plan than that becomes part of the insurance plan the Town has promised to pay for. She doesn’t feel her parents nor Mr. Koshar and his wife should be paying for Medicare Part B.

Attorney Tillapaugh stated that he feels legally the Board is complying with what the contract says. He stated that Board does have three options.

The Board can re-open that aspect of the current contract and renegotiate.
Make a Motion to pay the retirees Medicare Part B.
The Board can leave things just the way they are.

After much discussion it was decided that Deputy Chairman Kiernan, and Councilperson Geddes-Atwell, will calculate how much more of an expense it would be to the Town if the Board agreed to pay for the retirees and their spouses Medicare Part B and report back next month to the Board.

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: $ 82,807.10 General Checking: $ 17,360.34

Highway Savings: $ 122,433.99 Hwy Checking: $ 25,343.10

MBIA Gen: $ 603,741.60 MBIA Hwy: $1,163,839.54

MBIA Hwy Equip: $ 50,0129.43

MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Schallert, to pay the following bills and make the necessary transfers.

General: #154-#177 $37,386.40

Hwy: #146-#165 $48,976.51

MOTION CARRIED: Deputy Chairman Kiernan and all Councilpersons voted aye.

Deputy Chairman Kiernan submitted Highway Superintendent Shawn Mulligan’s report for the Board to review. Fuel expenses are as follow:

FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.

Gas 461 $ 1,093.03 1,251.4 $ 2,767.03

Diesel 938.4 $ 2,170.56 11,051.1 $ 17,278.16

Heating 1,042.6 $ 2,163.60 4,543.5 $ 9,049.80

Svc. $ 266.28 $ 266.28

Planning Board Member Donna Borgstrum gave Zoning Enforcement Officer’s report. She reported permits issued since last meeting as being:

Zoning Permits: 3

Borgstrom stated that she and Planning Board members John Stucin and Paul Lord are trying to resolve an issue with the Midlakes Communication’s who was granted permission from the Planning Board to replace their existing cell tower. The new cell tower went up and the existing cell tower never came down. Planning Board member John Stucin approached the applicant who stated that they have not completed transferring things over to the new tower yet. Borgstrom also reported the Planning Board receiving a letter informing them that Jonathan Bass has lodged a complaint against James Huntington owner of Glimmerglen Lodge. Huntington was granted permission from the Planning Board to operate a Bed and Breakfast. He is now renting his home out on a weekly basis and has withdrawn his B & B permit. Bass objects to the noise generated from the weekly renters. There is nothing in the Land Use Law that prohibits anyone from renting on a weekly basis. Lastly Borgstrom made the Board aware that the Planning Board has been served with an Article 78 against their decision on the Harmony House Café. Planning Board Attorney is prepared to argue that the Notice of Petition was not served in the time frame aloud by law.

Deputy Chairman Kiernan read the Dog Control Officers report. Dog Control Officer Tom Steele reported answering two calls since last months meeting.

Councilperson Potrikus reported that he and Walter Dusenbury visited Town and Country Tree Farm in Mt. Vision and tagged 10 white pines and 20 norway spruce for the Cemetery Road project.

Attorney Tillapaugh reported that the projects for the three bridges Alison Road and Upper and Lower Stone House Road were submitted with FEMA. If the Town chooses to install the more exspensive bridge for Lower Stone House Road FEMA sees that as an improvement and will only reimburse the Town 75% of the cost. If the Town replace the bridge exactly the way it was FEMA will reimburse 100%.

After a short discussion it was decided that the Board will hold a Special Meeting Monday July 16^th at 7:00 PM to review the bid documents for the three bridges that Spectra Engineering has drawn up. Councilperson Schallert volunteered to get the bid documents from Spectra Engineering. The Board at that time will also briefly discuss the Town Assessor position and whatever else may come before them.

The Board agreed to continue advertising the Zoning Officer vacancy position.

Councilperson Geddes-Atwell reported that she, along with Councilperson Schallert, Attorneys Tillapaugh and Birch, Amy Townsend and Joan Hotaling, met on March 19^th 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