A Regular Meeting of the Town Board of the Town of Otsego was held on the 13th day of September 2006 at the Town Building, Fly Creek, NY at 7:00 PM.

Those present were:

Orlo Burch Councilman

Ann Geddes-Atwell Councilman

John Schallert Councilman

Meg Kiernan Councilman

Others Present:

Pamela Deane Town Clerk

Bryan Pernat Highway Superintendent

Martin Tillapaugh Town Attorney

In Chairman Breiten’s absence Councilman Kiernan called the regular meeting to order, and asked that everyone please rise for the Pledge of Allegiance.

MOTION by Councilman Burch, seconded by Councilman Kiernan, to accept the minutes of August 12^th.

MOTION CARRIED: All councilmen voted aye.

Councilman Kiernan reviewed correspondence received since last meeting:

• A letter from Governor George Pataki announcing a new initiative, Restore NY, established to further enhance NYS’s urban areas. A total of $300 million has been appropriated for Restore NY. Of this amount, $50,000 is available for the first round of grants, which has a September 15th deadline.
• A letter from Senator James Seward stating that he has written Congressman Sherwood Boehlert’s office seeking assistance with both FEMA and the Army Corp. of Engineers relative to flooding and heavy siltation of Canadarago Lake.
• Two Documents from the NYS Department of Environmental Conservation - a copy of the Environmental Notice Bulletin and a State Environmental Quality Review (SEQR) Negative Declaration - for an herbicide application that will take place on Otsego Reforestation Area #3, in the Town of Otsego, just off of St. Hwy 205.
• A letter from Thomas Sansone and Ruth Beardsley explaining that the embankment to their driveway was severely eroded by Fly Creek, secondary to flooding on June 27th. They ask for a letter from the Board supporting their request for FEMA reimbursement to assist their payment for driveway repairs.

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell authorizing the Supervisor or Deputy Supervisor to send a letter of support to aid them in their effort to obtain FEMA reimbursement.

MOTION CARRIED: All councilmen voted aye.

Councilman Kiernan opened the floor for public comments.

Fire Commissioner Mark Weir asked when Panther Mountain Road would be re-opened. Schuyler Lake Fire Department uses that road in an emergency to cover Fly Creek Valley.

Highway Superintendent Bryan Pernat replied that he’s waiting for FEMA representatives to advise him on how they would like to see the road repaired. Water damage is extensive and will take a lot of time and money.

Jim Ainslie of Fly Creek stated that he is not in agreement with the proposed changes to the Subdivision Law. He does not believe it will work, and warned the Board to be prepared for a fight.

Councilman Kiernan replied that the proposed Subdivision Law was a work in progress, and there would be more public hearings for public comments.

The financial report was read by Councilman Kiernan. Balances are as follow in the various accounts:

General Savings: $ 2,520.47 General Checking: $ 8,088.12

Highway Savings: $ 82,013.69 Highway Checking: $ 49,992.88

MBIA Gen: $ 139,030.23 MBIA Hwy: $952,566.31

MOTION by Councilman Schallert, seconded by Councilman Burch, to accept the financial report as given.

MOTION CARRIED: All councilmen voted aye.

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to pay the following invoices and make the necessary transfers.

GENERAL: #171-#190 $ 114,637.19

HWY: #168-#189 $ 74,277.30

MOTION CARRIED: All councilmen voted aye.

Bryan Pernat gave the Superintendent of Highway report. Fuel expenses are as follow:

FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.

Gas 52 $ 116.29 1,134.7 $ 2,384.87

Diesel 801.3 $ 2,048.52 10,319.5 $ 23,061.89

Heating -0- $ -0- 5,017.6 $ 9,140.13

Svc. $ -0- $ 512.36

Pernat reported that there are no 2006 1-ton dump trucks available on NYS bid. He’s waiting for the release of the 2007 bids, estimating the cost to be $47,000. Councilman Schallert requested that Pernat present to the Board the cost of a 1-ton dump truck with a plow, and the cost of one without a plow when the figures become available.

The Town Clerk presented a Resolution for the Boards consideration, which stated that the Town Highway Department would adhere to NYS Department of Transportation standards of construction, as outlined in the Donovan Plan, when building new roads or re-building damaged roads. She explained the adoption of the Resolution was necessary in applying for FEMA assistance.

MOTION by Councilman Burch, seconded by Councilman Geddis-Atwell, to adopt the proposed Resolution, whereby the Town of Otsego will adhere to NYS D.O.T. standards of construction as outlined in the Donovan Plan when building new roads or rebuilding damaged roads.

MOTION CARRIED: All councilmen voted aye.

RESOLUTION ADOPTED: Resolution Docket (pg. 62)

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

Zoning and Planning Permits: 5

Miller submitted a list of Town road signs that are missing, which seems to be most of them. He stated that this is a problem other Townships are encountering also. Councilman Burch stated that he has filed a complaint with the County Sheriff’s department, and alerted Otsego Iron & Metal in case anyone tries to cash them in there. After further discussion, no one had an answer on how to stop the stealing of Town road signs.

Planning Board Chairman, Jonathan Bass, stated that Planning Board members discussed the issue of weekly rentals, and they suggest that the Town Board adopt a simple registration procedure to help track how many there are, and where they are located. They were not in favor of drafting a separate law.

Fly Creek resident Attorney Lester Sittler stated that under the current Land Use Law, pre-existing and non-conforming rentals are protected. He suggested that a license be issued and handled under police power.

Bass asked the Board to consider appropriating $25-$40 per month for each Planning Board member when drafting the 2007 Town Budget. The meetings run on the average of 3 hours and it is mandatory that members attend training seminars.

Bass was asked by Councilman Schallert to give his thoughts on the proposed Subdivision Law. He replied that he was in favor of the Planning Board addressing where houses and driveways are to be placed. He was not in favor of subtracting acreage to achieve a lower density. The current Land Use Law calls for a 3-acre average/1 acre minimum. He suggested increasing the average, but leaving the 1 acre minimum.

Town Attorney Martin Tillapaugh reported that Chairman Breiten has filed a complaint against the Fly Creek Cider Mill stating that some residents have expressed dismay with the Cider Mill’s yearly expansions. The Cider Mill is a pre-existing, non-conforming business, which means that it’s allowed to continue operating, but not allowed to increase its non-conformity. Chairman Breiten is asking the Town Board to revoke a permit issued to The Cider Mill by the former Zoning Enforcement Officer to build a pavilion.

Bill Michael’s, owner of the Cider Mill, submitted minutes that he took of a meeting he and his attorney, Lester Sittler, had last fall with Chairman Breiten, Zoning Enforcement Officer Sal Furnari and former Town Attorney McGown. The meeting was to discuss renovations and additions made to the Cider Mill over the years. After Michaels had submitted permits, pictures of buildings, and uses in question, it was decided that none of the permits issued would be withdrawn, but that any renovations or additions thereafter would be subject to review and scrutiny by the Town. It was also decided that the lot on County Highway 26 would not be used for parking on an on-going basis. Michaels was reminded that his business is classified as a pre-existing, non-conforming use, and that he is not to do any more expansions to his footprint or use. The pavilion was one of the permits discussed at that meeting.

The Board discussed whether or not complaints should be in writing. The complaints allegedly made by neighbors to Chairman Breiten were not in writing.

MOTION by Councilman Schallert, seconded by Councilman Burch, that complaints must be in writing before any action is taken.

A discussion followed the Motion. Councilman Burch felt that if complaints need to be in writing before any action is taken, individuals will be discouraged and not file complaints. There is a difference between a legitimate complaint, and one made on hearsay, gossip, or revenge.

MOTION by Councilman Schallert, seconded by Councilman Orlo, to amend the Motion to act only on legitimate, credible complaints.

MOTION CARRIED: Councilman Kiernan, Councilman Burch and Councilman Schallert voted yes. Councilman Geddes-Atwell voted no.

MOTION by Councilman Schallert, seconded by Councilman Burch, to act only on legitimate, credible complaints.

MOTION CARRIED: All Councilmen voted yes.

Watershed Committee report was given by Councilman Kiernan. Installation work has slowed, mainly due to the fact that property owners don’t want construction going on at their camps during the peak summer months. The committee agreed that it needs to take a proactive role in the disaster planning of the Village and the three Towns and establish guidelines for safe boating despite floating debris. In the event of a disaster, the committee felt that a certified laboratory testing facility must be used to determine water quality in Otsego Lake. One problem that needs to be addressed is the construction and parking that has occurred in the NYS highway right-of-way.

Councilman Kiernan reported that two applications have been submitted for the Dog Control Officer position. It was decided to discuss the position and applicants in Executive Session at the end of the meeting.

Councilman Kiernan submitted the Linden Avenue project timeline for the Boards review.

MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to accept the reports as given.

MOTION CARRIED: All councilmen voted aye.

It was discussed that there is a need for a Deputy Supervisor to sign checks during times when the Supervisor is unavailable. Chairman Breiten had left word that he would like the Board to appoint Councilman Kiernan Deputy Supervisor.

MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to appoint Councilman Kiernan Deputy Supervisor.

MOTION CARRIED: All councilmen voted aye.

Councilman Kiernan distributed a 2007 Town Budget, drafted by Chairman Breiten, to all the Board members .

After discussion, it was decided to schedule a 2007 Town Budget workshop on Monday September 25^th at 8:00 AM.

Councilman Kiernan stated that Otsego County has asked the Town Board to pass a resolution appointing them lead agency on behalf of the Towns of Richfield Springs, Exeter, and Otsego in the preparation and submission of FEMA and SEMO applications for funding the dredging and other flood abatement measures at Canadarago Lake.

MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to adopt a proposed resolution appointing Otsego County lead agency in the preparation and submission of FEMA and SEMA applications for funding the dredging and other flood abatement measures at Canadarago Lake.

MOTION CARRIED: All councilmen voted aye.

RESOLUTION ADOPTED: Resolution Docket (pg. 63)

Councilman Kiernan reported that in December of 2004, Leatherstocking Railway was responsible for the collapsing embankment on Phoenix Mill Cross Road. Town Attorney McGown met with them and they agreed that they were liable, and agreed to fix the problem. Leatherstocking Railway, to date, has not corrected the problem, and as a result the embankment has worsened. Attorney Tillapaugh will send a letter putting them on notice that they are still liable and need to fix the embankment.

The Board discussed the need for a Board of Ethics Committee. The committee can be no fewer than three persons, appointed by the Town Board, a majority of whom are not officers or employees of the Town but one of whom is an officer or employee.

MOTION by Councilman Schallert, seconded by Councilman Burch, to establish a Board of Ethics Committee.

MOTION CARRIED: All Councilmen voted aye.

The Town Clerk will advertise, asking volunteers to send letters of interest.

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to go into Executive Session to discuss the Highway Employee CSEA contract and the Dog Control Officer position.

MOTION CARRIED: All councilmen voted aye.

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to come out of Executive Session.

MOTION CARRIED: All Councilmen voted aye.

MOTION by Councilman Schallert, seconded by Councilman Burch, to appoint Thomas Steele, Dog Control Officer.

MOTION CARRIED: All Councilmen voted aye.

MOTION by Councilman Burch to adjourn.

MOTION CARRIED: All councilmen voted aye.

The next regular meeting will be October 11th at 7:00 PM at the Town Building in Fly Creek.

Meeting ended at 9:00 PM.

Respectfully Submitted,

Pamela Deane

Town Clerk