A 2007 Budget Public Hearing and Regular Meeting of the Town Board of the Town of Otsego were held on the 8th day of November, 2006 at the Town Building, Fly Creek, NY at 7:00 PM.
Those present were:
Thomas Breiten Chairman
Orlo Burch Councilman
John Schallert Councilman
Meg Kiernan Councilman
Others Present:
Pamela Deane Town Clerk
Bryan Pernat Highway Superintendent
Mike Miller Zoning Enforcement Officer
Martin Tillapaugh Town Attorney
Chairman Breiten called the Public Hearing to order. He opened the floor for questions or comments on the proposed 2007 Town Budget.
Sheila Ross was opposed to giving raises to the Town Clerk and Town Justices.
There were no other comments from the public.
MOTION by Councilman Burch, seconded by Councilman Kiernan to close the Public Hearing.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten called the regular meeting to order and asked that everyone please rise for the Pledge of Allegiance.
Chairman Breiten congratulated newly elected officials, Councilman elect Joe Potrinkus and Highway Superintendent elect Shawn Mulligan.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to accept the minutes of October 2, 11, 16, 18 and November 2.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten reviewed correspondence received since last meeting:
A letter from Engineering firm Ryan-Biggs Associates., P.C. giving repair recommendations to culverts located on lower and upper Stone House Road, Alison Road and Marble Road.
A letter from DOT Regional CHIPS Representative Jim Havtur stating the Town of Otsego has a total CHIPS Capital apportionment balance of $106,242.30 SFY 06-07.
A letter from John McGlynn wanting to be reassured that the Town will keep both Wedderspoon and Keys Road open for fire and health emergencies, maintain the gutters to minimize runoff and erosion, harden Keys Road in 2007 as indicated in the 5 year paving schedule and possibly pave Wedderspoon Road at the same time, and make Keys Road an all-season Road in 2007.
A letter from Maxwell Appraisal Service stating that if an assessment were challenged in court they would charge $500/day, $1,000/day if they have to testify.
A letter from Fly Creek resident and attorney Lester Sittler correcting a statement he made at the October 16th meeting.
Chairman Breiten opened the floor for comments.
Planning Board member John Phillips stated that if the Town Board does decide to start paying Planning Board members he felt only newly appointed members should be paid and it should be done based on attendance. Existing members have agreed to volunteer their time at the time of their appointment. If individuals are reappointed and would like to accept payment during their next term that’s different. He would also like the Board to consider adopting a policy whereby members of all Boards would not be allowed to abstain from voting unless they had a valid reason.
Carl Wenner stated that he opposes the proposed Conservation Subdivision Regulations and is afraid if it is adopted as an alternative at some point it will become mandatory. When people talk about protecting or keeping something forever he said, they are really showing selfishness. There will be no land available for future generations to have a home here. Laws should be constrained for only the foreseeable time period, not “forever.”
Jim Ainslie stated that the proposed Conservation Subdivision Law would only be considered acceptable if it was also somewhere stated that the law would never be allowed to become mandatory.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 32,573.47 General Checking: $ 3,256.25
Highway Savings: $ 62,210.29 Highway Checking: $ 58,195.94
MBIA Gen: $ 447,448.72 MBIA Hwy: $656,230.58
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to pay the following invoices and make the necessary transfers deducting $10,000 from Morley Construction’s bill until final work on the Town Building is completed.
GENERAL: #213-#229 $ 50,081.39
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Bryan Pernat gave Superintendent of Highway report. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas 25.6 $ 48.36 1,160.3 $ 2,433.23
Diesel 1,917.7 $ 3,872.34 13,624.3 $ 16,531.00
Heating 60.00 $ 120.51 4,630.0 $ 9,260.64
Svc. $ 90.63 $ 602.99
Pernat reported that all major repairs to Marble Road are done and Panther Mountain Road will be completed in the next two week. Keys Road has been widened, graveled and is passable for the winter. He asked the Board if any decision has been made in hiring a full time highway employee. He would like to keep both temporary employees at least through the winter.
After discussion it was decided that the Board would conduct interviews at 6:00 PM before the December 13th meeting, not only for the highway employee position but for Planning Board, Zoning Board, Assessment Review Board and Code of Ethics Committee members, and also a Planning Board Attorney, and a Janitor.
Chairman Breiten stated that he has been informed by the County that the State has already set the speed limit for Goose Street at 35mph. Pernat was directed to have 35mph signs made and placed.
Pernat presented two different road signs from two different companies for the Board to review. Prices ranged from $33 - $36 each. He stated that the County also makes road signs during the winter for the Towns. Trying to prevent the signs from being stolen is a problem. Councilman Schallert suggested attaching the sign from the top as well as the bottom to prevent people from snapping them off. Pernat will experiment, with that option to see if it helps.
Zoning Enforcement Officer’s report was given by Mike Miller. He reported permits issued since last meeting as being:
Zoning and Planning Permits: 6 Complaint: 1
Miller reported receiving a request from Friends of Bassett for a Fireworks Permit which needs to be reviewed by the Town Board as part of the requirements of the Land Use Law. Their request is for January 1st at 12:10 AM. Miller was directed by the Board to invite a representative from Friends of Bassett to the December 13th meeting to discuss their fire works permit.
Councilman Burch reported that he, along with Councilman Schallert, Highway Superintendent Bryan Pernat and Cemetery Road resident Walter Dusenbury met to review again the Town Highway Garage site on Cemetery Road. They requested $1,500 to contract a pile of dirt to be moved to the front of the existing fence before winter, creating a bur for trees to be planted in for the spring.
MOTION by Councilman Burch, seconded by Councilman Schallert, to approve authorization to spend $1,500 to hire a contractor with a bull dozer to relocate the dirt pile on the Cemetery Road site, to the front of the fence located in front of the Town’s sand pile.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Burch, to accept all reports as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten asked the Board if they had any further comments about the proposed 2007 Budget.
Councilman Schallert said he opposes elected officials getting raises while in office. He felt raises should only be given on election years.
MOTION by Councilman Kiernan, seconded by Councilman Burch, to adopted the proposed 2007 Budget.
MOTION CARRIED: Chairman Breiten, Councilman Kiernan, and Councilman Burch voted yes. Councilman
Schallert voted no.
Chairman Breiten asked the Board if they wanted to extend the Major Subdivision Moratorium or let it run out.
After a short discussion it was decided that the Board would hold a Public Hearing on December 13th at 7:00 PM to hear public comments on the issue.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to hold a Public Hearing to consider an extension of the Major Subdivision Moratorium.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Miller asked if the Board has made any decision on amending the Land Use Law section that addresses clear cutting trees. He suggested the law address density instead of % of property. The Board decided to table the issue until the December meeting.
Councilman Schallert stated that upon visiting the Lower Toddsville Bridge he found the structure unsafe and a huge liability. The County has slated it to be demolished but there has not been said when this will happen. In spite of the petition from residents asking the Board to repair the bridge for pedestrian traffic, he saw no way to keep snowmobiles or 4 wheelers off it.
After a short discussion it was decided that no action will be taken. The Town does not own the bridge.
Chairman Breiten reminded the Board that the Town has two bridges on Stonehouse Road and one on Allison Road that need repair due to the flooding on June 27th.
Councilman Burch offered to draft an RFP to hire an engineering firm to evaluate the three bridges and bid out the project.
The Board reviewed a letter from Otsego County Emergency Services Coordinator Lyle “Butch” Jones asking the Board to consider adopting a resolution mandating the National Incident Management System (NIMS) be utilized for all incident management in the Town of Otsego. Jones stated the Future Federal and State funding for homeland security purposes will now be tied to compliance with NIMS. Federal guidelines mandate that any jurisdiction which receives federal preparedness program funds is required to be compliant by September 30, 2006 in order to be eligible for Fiscal Year 2007 grant funds. Councilman Kiernan agreed to research this issue further and make a recommendation at the December meeting.
Judge Cooke stated that janitorial services are needed to clean to Town Building. The Board agreed and directed Judge Cooke and Town Clerk Pam Deane to draft a job description and advertise the position.
MOTION by Councilman Kiernan, seconded by Councilman Burch, to go into Executive Session to discuss the Highway Employee CSEA contract.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Burch, to come out of into Executive Session.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to adopt NYS Deferred Compensation Plan as outlined in a resolution for all Town employees.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
RESOLUTION ADOPTED: ( Resolution Docket pg. 64)
MOTION by Councilman Kiernan, seconded by Councilman Burch, to tentatively approve the CSEA contract with the Union covering the period January 1, 2004 to December 31, 2009 contingent upon the Town and the Union approving it, there being a joint signing, and the Union executing a memorandum that is attached to the contract which governs negotiations for 2008 and 2009 salaries.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten asked that it be noted that he is strongly opposed to negotiating after an agreement has been made. He voted yes only in the interest in keeping peace.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to hire Shawn Mulligan part-time starting December 1st at 12.50/hr. with health care benefits available as he would receive them January 1st when starting his newly elected position as Town Highway Superintendent.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye
MOTION by Chairman Breiten, seconded by Councilman Burch, authorizing Chairman Breiten to sign the Snow and Ice Contract with the County for January 1s,t , 2007 through December 31st, 2007.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Burch to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be December 13th at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 9:45 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk