A Regular Meeting of the Town Board of the Town of Otsego was held on the 11th day of October at the Town Building, Fly Creek, and NY at 7:00 PM.
Those present were:
Thomas Breiten Chairman
Orlo Burch Councilman
Ann Geddes-Atwell Councilman
John Schallert Councilman
Meg Kiernan Councilman
Others Present:
Pamela Deane Town Clerk
Martin Tillapaugh Town Attorney
Mike Miller Zoning Enforcement Officer
Bryan Pernat Highway Superintendent
Chairman Breiten 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 September 3rd, 13th, 25th and October 2nd, as presented.
MOTION CARRIED: Chairman Breiten abstained. All Councilmen voted aye.
Chairman Breiten reviewed correspondence received since last meeting:
A letter from Arbitrator/Mediator Frederick P. Day notifying the Board that a hearing has been scheduled for October 13th to hear a health insurance grievance launched by the CSEA. Chairman Breiten noted that the hearing has been postponed.
Notice from the Village of Cooperstown that the Town will be charged $27,500 for Fire Protection and $11,000 Emergency Ambulance & Rescue for the up coming 2007-2009 two year contract.
A request from the Watershed Supervisory Committee Chairman Paul Kuhn, asking the Board to consider adopting a local law requiring the addition of phosphorus removal to all new or replacement septic systems installed close to Otsego Lake. The rationale for this is that phosphorus is the pollutant of greatest concern for Otsego Lake. It acts as a fertilizer for algae, and as algae growth increases , water clarity is reduced, dissolved oxygen levels are depleted , and ultimately, a lake can “die” due to excessive aquatic plant growth.
Notification from Historic Preservation Director Ruth Pierpont, that the State Review Board has recommended to the Commissioner of Parks, Recreation and Historic Preservation, that Fly Creek be listed on the New York State Register of Historic Places and nominated to the National Register of Historic Places.
A petition of 57 name, sent by John and Jean Finch, asking that the Lower Toddsville Bridge which was abandoned by the Towns of Hartwick and Otsego many years ago, be converted and re-opened into a walking/biking crossing. Residents bordering the bridge are strongly apposed to the idea and would like the bridge taken down. It has become a place for young teens and adults to loiter and is also dangerous.
Chairman Breiten wanted it noted that he has received a copy of the Assessor’s Annual Report Part 2 for the Boards use when preparing the 2007 budget.
Chairman Breiten opened the floor for comments.
John Philips emphasized the importance of an economic study before changing the existing Subdivision Law.
Marvin Mulford feels the proposed Subdivision Law is too complex and can and will be interpreted many different ways.
Carl Roemer feels the only ones that are going to profit from the proposed Subdivision Law are lawyers.
Paul Poulos asked what the grievance is that the CSEA is taking to arbitration.
Town Attorney Martin Tillapaugh, explained that the previous Board made a change in the insurance.
Poulos listed all the responsibilities of a Town Highway employee. He went on to comment that the highway crew does a tremendous job and in the winter are out all hours of the day and night keeping the roads clear and safe. The Board needs to take care of these people and stop demoralizing them.
Carl Wenner feels the proposed Subdivision Law is un-American and feels his rights would be infringed upon. He said the Board has no right to tell anyone what they can do with land they bought and paid for. On that principle he opposed the proposed draft.
John Kosmer basically agreed with Mr. Wenner.
Jim Ainslie asked for a show of hands how many oppose the proposed Subdivision Law. Approximately 40 out of the 70 in attendance raised their hands. He asked why people who own large amounts of land have to provide the open space for the whole community? Ainslie submitted a petition of 257 names opposing the proposed Subdivision Law.
Cynthia Ekland asked if there was a particular issue that occurred which prompted the Board to hire a consultant to draft this Subdivision proposal? She asked how much the Town has paid the consultant to date and under what tax payer fund was it taken from. Was this information gathered for any purpose other than ours?
Ann Dickson stated that property rights are one of the few rights people have left. She then commended the Board on their website. She found it very informative, unlike other Town websites.
Rick Hensley asked when the moratorium would officially end.
Sheila Ross felt that revising the Subdivision Regulations before adopting a new Comprehensive Plan is putting the cart before the horse.
Paul Poulos asked if adopting the proposed Subdivision Law is going to be just an arbitrary decision of the Councilman or will the number of the people against it weigh in as a factor when the Board makes their decision? More simply, can the members of this community reject that plan?
Amy Ford stated that a professor at SUNY suggested that the Board look at Woodstock area that has a 7 acre minimum.
MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to close the Public Comment session.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 35,573.47 General Checking: $ 22,441.94
Highway Savings: $ 62,210.29 Hwy Checking: $ 24,516.31
MBIA Gen: $ 139,598.81 MBIA Hwy: $959,391.61
Chairman Breiten submitted a revised 2007 Budget which was reviewed by the Board. It was the consensus of the Board to schedule a Budget workshop for October 17th at 7:00PM.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to accept the financial report, as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Burch, to pay the following invoices and make the necessary transfers.
GENERAL: #192-#211 $ 51,521.28
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Superintendent of Highway report was given by Highway Superintendent Bryan Pernat and reviewed by the Board. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas -0- $ -0- 1,134.7 $ 2,384.87
Diesel 1,387.1 $ 2,980.26 11,706.6 $ 26,042.15
Heating -0- $ -0- 5,017.6 $ 9,140.13
Svc. $ -0- $ 512.36
Pernat stated that he bid the cost of sand with and without delivery. Two bids were received:
Scott Ubner Sand: $5.00 per yd. Sand plus Delivery: $ 9.00 per yd.
Ed Kukenberger Sand: $5.50 per yd. Sand plus Delivery: $ 7.40 per yd.
MOITION by Councilman Burch, seconded by Councilman Geddes-Atwell, to accept the lowest bid submitted by Ed Kukenberger for delivered sand, contingent upon certification proof that his sand meets 1-B specification.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Mike Miller gave Zoning Enforcement Officer’s report. He reported permits issued since last meeting as being:
Zoning and Planning Permits: 2 Site Plan Review: 2 Sign Permit: 1
Miller submitted a suggested change to Section 4.04 Lakes Shoreline Protection Area. He said that when regulating tree cutting the law should address density instead of percentage of the property. By allowing only 30% cutting of trees on any given property, the present law allows for clearing leaving slopes open for erosion. The Board agreed.
Miller asked for approval to purchase shelving, office furniture and software for his new office.
MOTION by Councilman Burch, seconded by Chairman Breiten, to appropriate $1,000 toward office furniture.
MOTION CARRIED: Chairman Breiten, Councilman Kiernan, and Councilman Burch voted yes.
Councilmen Geddes-Atwell and Schallert abstained.
Miller was asked to provide the Board with a list of other items he needed at the November meeting.
Watershed Committee Meeting report was given by Councilman Kiernan. Out of 320 properties in the Watershed 158 inspections have been completed. Failure rate stands at 59%.
Planning Board member Paul Lord stated that he supports the Watersheds local law proposal to include the requirement of phosphorus removal for all new and replacement septic systems within 100 feet of Otsego Lake.
Comprehensive Planning Committee report was given by Chairman Breiten. He stated that the committee discussed net vs gross density and steep slopes. The minutes can now be found on the Town’s website.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to accept all committee reports.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Burch submitted copies of the Code of Ethics which was reviewed by the Board.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to established a Code of Ethics Board which will consist of 1 Town employee or Officer and 2 residents of the Town.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to go into Executive Session to discuss a personnel issue and the CSEA contract.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Burch, seconded by Councilman Kiernan to come out of Executive Session.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Schallert, seconded b y Councilman Kiernan, to meet with Town Highway employees to talk about, a personnel issue.
MOTION by Councilman Kiernan, seconded by Councilman Burch, to assign Councilman Kiernan to draft a final CSEA proposal for the Board to review at the October 17th Special Meeting.
Councilman Kiernan, to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be November 6th at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 10:30 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk