A Public Hearing and Regular Meeting of the Town Board of the Town of Otsego was held on the 13th day of December, 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

Anne Geddes-Atwell Councilman


Others Present:

Dora Cooke Acting Clerk

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 Moratorium on Major Subdivisions. Chairman Breiten stated that the public notice did not appear in all three Town designated papers and therefore did not meet the legal requirements for holding a Public Hearing. He went on to explain that the Board would have to hold another Public Hearing if they decide to act on the proposed Moratorium of Major Subdivisions.


Velma Arstrong was in favor of the proposed moratorium. Armstrong was not in favor of an area changing too much, too fast. The Town of Springfield is now experiencing a substantial increase in subdivisions and development, she added.


Nancy Iversen pointed out that the residents in Pierstown were the first to approach the Board in asking that the subdivision regulations be changed in their area by increasing lot sizes and road frontage. Residents in other areas of the town soon came forward asking that their area also be considered, if and when new subdivision regulations are adopted. Iversen supported the proposed moratorium and added that if, in three months, the Comprehensive Plan is still not completed she would be in favor of extending the Major Subdivision Moratorium again.


John Phillips pointed out that in spite of the moratorium being in place for one year and having already lapsed, there’s nobody breaking down the doors to propose a subdivision. To extend it three more months is hurting only one particular individual. Phillips thought the Board has had enough time.


Russ Smith and Sheila Ross agreed with John Phillips. Nether were in favor of the Board extending the moratorium an additional three months after already being in effect for one year.


Councilman Schallert asked what the Pierstown Petition specifically said.


Velma Armstrong explained that residents in Pierstown were asking that minimum lot sizes be increased because they were concerned with the water supply.


Chairman Breiten stated that the petition didn’t specifically ask for a moratorium. Property owners in Pierstown were concerned that the current Subdivision Regulations were going to allow something that would be detrimental to their neighborhood.


MOTION by Councilman Geddes-Atwell, 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.


MOTION by Councilman Burch, seconded by Councilman Kiernan, to accept the minutes of November 8th.


MOTION CARRIED: Chairman Breiten and Councilman Kiernan, Councilman Schallert and Councilman Burch voted yes. Councilman Geddes-Atwell abstained because she was absent last month.


Chairman Breiten reviewed correspondence received since last meeting:


Chairman Breiten opened the floor for comments.


Larry Pelofski stated that the Town has been taking a considerable amount of dirt from Keys Road and dumping it on one individual’s property at the intersection of Sunset Ridge and Huff Road. It appears to him that the Town Highway employees have been also grading the dirt dumped there. He wanted to know why the taxpayers are picking up the tab for this.


Chairman Breiten stated that it has been a long standing policy with the Highway Department that in order to save a long haul they’ll make the fill available to local residents. Highway Superintendent Brian Pernat informed him that the highway employees were using the grader to make room for more loads of dirt.


Town Attorney Martin Tillapaugh stated that the Highway Superintendent can do what he wants if he feels it is in the best interest of the Town. Pernat indicated to Tillapaugh that the job would be done this week.


Pelofski made the complaint that in the process of dumping the dirt the trucks have left a substantial amount of mud on the road making it a safety hazard.


Jim Ainslie disagreed with Pelofski. Yes, there was mud in the road but the roads were scraped every day and the owner of the property where the Town has been dumping dirt has since hired a contractor to grade the dirt.


Bill Michaels made the complaint that seasonal road signs are not up. He asked the Board to research the validity that once a property is bought and improved the Town is obligated to improve the road.


Councilman Schallert felt that the Town would go bankrupt if we were forced to improve all the seasonal roads.

Attorney Tillapaugh was asked by Supervisor Breiten, to draft a resolution addressing this situation and minimizing expense to the Town.


Attorney Bob Burch spoke on behalf of a group of Toddsville residents who are looking to save the Lower Toddsville Bridge. It was slated to be removed on November 17th by the County. Research has proven the bridge to be possibly the oldest bridge in the County. The County has given the group six months to raise funds to restore this historic bridge to a walking/biking path. The County is in hopes that the Towns of Hartwick and Otsego would consider taking the bridge back. Burch said he has determined that the County never legally abandoned the bridge.


Everet Pashley owns land south of the bridge. He prefers to cross the bridge to the Hartwick side where it’s safer to ride a bike or walk vs. biking or walking on County Highway 26. His concern is that if the bridge structure which provides lateral support to the concrete abutments is taken out the abutments will weaken. The abutments slow down the flow of water. If they’re removed it could potentially cause flooding down stream or erode the end of his driveway which is only 6 feet away. He asked the Board, if the bridge is removed who will maintain the abutments?


Councilman Geddes-Atwell was asked to chair a committee to facilitate finding a solution that would address the concerns of both those for and against renovating the bridge and report back to the Board.


Martha Fry reported that the bridge is eligible to be placed on the National Register of Historic Sites. The bridge falls under several funding categories. Depending where the Board decides to go with the Comprehensive Plan and Recreational Uses in the communities, the Board might want to target this area for recreational use or public access. It’s a good fishing site. She feels a lot of the vandalism is due to the bridge being abandoned and if reopened and used the vandalism problem may go away. The County does not want to own or restore the Bridge. They see it as a liability.


Carl Wenner stated that if the bridge was so important to the residents of Toddsville they should have fixed it years ago rather then let it deteriorate for 15 years.


Wenner also stated that Chairman Breiten should have demanded from the Freeman’s Journal a retraction of

the statement that the proposed subdivision regulations would be adopted by December. His concern is that people may be under the assumption that the Conservation Subdivision Regulation Draft is a “done deal” which would explain why attendance at the Town Board meeting has gone from 150 people to 20.


Chairman Breiten stated that he did call the Freeman’s Journal and not only made his displeasure with the article known but also made it clear that whether the Conservation Subdivision Regulation Daft is adopted or not is a Board decision and he is only one vote.


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: $ 52,210.29 Highway Checking: $ 17,795.41

MBIA Gen: $377,894.89 MBIA Hwy: $608,898.80


Chairman Breiten announced that the paperwork for reimbursement for damage done as a result of the June 27th flood has been completed and approved by FEMA. Chairman Breiten presented highway employee Peter Chase with a certificate expressing gratitude and appreciation for his crucial voluntary contribution assisting the Town in securing over $619,000 in FEMA reimbursement.


Chairman Breiten also announced receiving final grant payments for the record room and Comprehensive Plan.


MOTION by Councilman Kiernan, seconded by Councilman Schallert, to pay the following invoices:


GENERAL: #231-#252 $ 43,327.56

HWY: #234-#261 $ 120,644.71


Councilman Schallert raised the question of when does work need to bid out. Highway Superitendent Pernat has contractors working on Keys Road but it wasn’t put out to bid.


Attorney Tillapaugh stated that he had this discussion with Pernat. Kukenberger was awarded a trucking and material bid with the County which the Town can piggy back on. Pernat was concerned that the work on Keys Road would not be completed before winter and had asked him if he could contract Bassler and Steisee to help with the work. Tillapaugh told Pernat that as long as their bill combined did not exceed $20,000 he could hire them to help with the work. Kukenberger was also hired to help but his work was covered under the County Bid. Pernat assured Tillapaugh he would not go over the $20,000 limit.


Councilman Geddes-Atwell questioned whether or not all the building renovation work was completed.


Chairman Breiten answered yes.


MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.


Superintendent of Highway report was reviewed by the Board. Fuel expenses are as follow:


FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.

Gas -0- $ -0- 1,160.3 $ 2,433.23

Diesel 2,255.1 $ 4,971.69 15,879.4 $ 64,886.18

Heating 145.2 $ 286.56 4,775.2 $ 9,547.20

Svc. $ 90.63 $ 602.99


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

Zoning Permits: 3 ZBA Application: 1


Miller stated that BAS gave a software presentation at the County. The County may be offering this software to all the Towns in the County.


Miller reported receiving a complete application by Majestic Fire Works and he is comfortable with Friends of Bassett holding their firework display along the Otsego Lake January 1st.


MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to approve a one time fireworks display permit for Friends of Bassett for January 1, 2007.


MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.


Miller once again pointed out that Section 4.04 in the Town’s Land Use Law needs to be modified. He submitted some suggested language which was reviewed by the Board. The problem with Section 4.04 has to do with the percentage of trees that are allowed to be cut on property along the shoreline. The language does not meet the intent. After discussion it was agreed to ask the Planning Board to review Section 4.04 and make a recommendation whether or not to increase from square footage from 500 to 900 sq. ft. The Board would also like the Planning Board to recommend a definition for the word “structure”.


Watershed report was given by Councilman Kiernan. At the December 7th meeting the committee reviewed four applications for septic system replacements. All were approved. At year end approximately 85% of the owners of the failed systems have installed new ones, have approved designs and are ready for installation or are awaiting the completion of an engineered design.


Mark Weir, Fly Creek Fire Commissioner, reported that all fire trucks and vehicles are up and running. They have received 21 calls since they’ve been back in service. They’ve recruited 18 firemen, 11 first responders, and 9 fire police. They have averaged 11 – 14 people responding to every call.


Councilman Geddes-Atwell reported for the Comprehensive Planning Committee. The committee is continuing their work editing the draft plan for both content and grammar. They are sending each completed section to planner Nan Stoltenberg. .


Dog Control Officer Tom Steele reported that he received 4 calls in November and 2 calls in December.


The Board discussed whether or not to hold a second Public Hearing proposing a 3 month Moratorium on Major Subdivisions. It was the consensus of the Board not to propose a 3 month Moratorium on Major Subdivisions.


Councilman Kiernan reported that the County is offering National Incident Management (NIM) courses which she recommended all Board members take. The schedule is on the County website.


Dora Cooke submitted a job description for the janitorial position. She reported that the Town Clerk has received one application.


MOTION by Chairman Breiten, seconded by Councilman Schallert, to hire applicant as an employee at $200 a month.


After further discussion it was decided to re-advertise and conduct an interview before making a decision.


MOTION DIED:


Chairman Breiten stated that the Town has two computers that are no longer being used and he suggested that the Board consider declaring them surplus.


MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to declare the HP Pavilion computer previously used by the Town Clerk and the Gateway computer previously used by the Town Court surplus, have the hard drives cleared and offered for sale for $50.00.


MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.


Chairman Breiten reported asking Councilman Geddes-Atwell to help him disseminate information to the public. The Board had no objections.


After discussion the Board scheduled their Year-End meeting for December 28th at 8:00 AM and their Organizational Meeting for January 2nd at 5:30 PM.


MOTION by Councilman Kiernan to adjourn.


MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.


Respectfully Submitted,



Pamela Deane

Town Clerk