A combined Public Hearing and Regular Meeting of the Town Board of the Town of Otsego were held on the 12th day of April, 2006 at the Town Building, Fly Creek, NY at 7:00 PM.
Those present were:Thomas Breiten ChairmanOrlo Burch CouncilmanAnn Geddes-Atwell CouncilmanJohn Schallert CouncilmanMeg Kiernan Councilman
Others Present:Pamela Deane Town ClerkBryan Pernat Highway SuperintendentMartin Tillapaugh Town Attorney
Chairman Breiten called the Public Hearing for Local Law #1 proposal to order. He explained that the purpose of the hearing was to gain public input on allowing alternative septic system structures within 100 feet of Otsego Lake. The current law does not allow any new structure within 100 feet of the lake.
There were no public comments.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to close the Public Hearing.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten called the second Public Hearing to order. He explained that the purpose of the second hearing was to gain public input on prohibiting the burning of garbage, trash, rubbish and debris.
Councilman Kiernan added that the intent of the law was not to take away rights, but to protect the health and welfare of the community. It has been proven that the use of burn barrels has been a contributor to cancer.
Tim Donahue stated that he saves approximately $300 a year from burning his garbage and would find it a financial burden if he were forced to use the Landfill. Representatives at the Farm and Home Bureau have told him that they not only do not support the law, but that farmers are exempt under NYS Agriculture and Markets from any law prohibiting burning.
Walter Dusenbury implied that he is in favor of the law but feels with the NYS Agriculture exemption, it is almost impossible to enforce.
Velma Armstrong stated that she had no objection to the law, so long as people could continue to burn papers and brush which, in her mind, is no different than using a woodstove.
George Chandler said he felt that, if the Town restricts people from burning, you will see more trash dropped off along the road.
Dora Cooke stated that she felt that the proposed law was too restrictive. You need paper to start your woodstove.
Councilman Burch feels the proposed law gives residents recourse if they have a problem with a neighbor. He added that a lot of what people burn MOSA will take for free.
Councilman Schallert also felt the proposed law was too restrictive. He suggested it would be better received if it was limited to plastic and Styrofoam.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, 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 March 8th and 31st minutes as presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten reviewed correspondence received since last meeting. Among those were as follow:


Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 23,916.39 General Checking: $ 4,620.28Highway Savings: $ 8,882.10 Highway Checking: $ 21,591.986 month Certificate of Deposit: $900,000.00 MBIA General: $152,770.534 month Certificate of Deposit: $100,000.00 MBIA Hwy: $100,682.913 month Certificate of Deposit: $300,000.00
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to accept the financial report as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to pay the following invoices: GENERAL: #68-#87 $ 22,168.60 HWY: #66-#82 $ 44,001.71
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Geddes-Atwell pointed out that some of the bills include a late fee or sales tax. It was the consensus of the Board that these be deducted from all bills that include them.
Bryan Pernat gave the Superintendent of Highway report. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.Gas 224.0 $ 397.93 439.0 $ 715.05Diesel 1,607.0 $ 2,807.72 4,682.6 $ 9,260.95Heating 1,653.1 $ 2,212.59 4,383.7 $ 7,689.47Svc. $ 143.98 $ 512.36
Pernat asked the Board if there is any additional pay for the Deputy Highway Superintendent. Chairman Breiten will research and see what has been done historicall.
Pernat stated that he and the highway crew have identified various highway equipment that should be declared surplus, one being an antique snowblower which, it was determined, belongs to Dan Patterson at Patterson Equipment in Richfield Springs. The snowblower was lent to the Town thirty years ago, but the Town never used it. Town Attorney Tillapaugh will send Mr. Patterson a letter, giving him a deadline of 30 days to remove it from the Highway yard. Councilman Burch referred to the Town’s Capital Asset Policy which outlines the procedure for disposing of surplus. He asked Pernat to prepare an itemized list of things to be declared surplus and whether each item should be auctioned, junked, or advertised for a sealed bid.Pernat stated that the highway superintendent pickup truck needs to be repainted and repaired. Smith Ford has guessed it needs a new fly wheel or torque converter, and estimated the cost to be $2,000. The cost to repaint the truck would be an additional $1,800. The truck is a 1999 with 148,000 miles. He asked the Board if they felt the truck was worth fixing.
MOTION by Councilman Schallert, seconded by Councilman Geddes-Atwell, to have the pickup truck repaired.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Pernat asked for the Board’s permission to hire one full-time and one part-time highway employee. Two highway employees have left and one man is out on Workman’s Compensation until at least September.
MOTION by Councilman Burch, seconded by Councilman Kiernan, authorizing Highway Superintendent Pernat to advertise for a part-time highway employee at a salary of $12.50/hr. and afull-time highway employee. Pernat will have authorization to hire the part-time employee and those interested in the full-time position will be interviewed by the Board.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The Board weighed the option of renting a ten-wheeler dumptruck versus contracting the work out.
MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, authorizing the Highway Superintendent to contract for hauling gravel for the next four weeks, and come back to the next meeting with a comparison showing whether it is cheaper to hire another employee or to contract out.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Pernat stated that a couch and washing machine were abandoned along Wiley Town Road. He asked the Board if the Town has a policy stating who is responsible.
Attorney Tillapaugh stated that the law is clear. If the item poses a danger to motorists it is the Town’s responsibility to remove it. If it is merely in the right-of-way the responsibility falls on the property owner.
The Board discussed different options to improve the Town Highway site on Cemetery Road. Cemetery Road resident Walter Dusenbury volunteered to have a proposal, showing the placement of trees, ready at the May meeting.
Zoning Enforcement Officer Mike Miller reported the following permits issued since last meeting:
March: Land Use Permits: 8 Sign Permit: 1 April: Land Use Permits: 6 Demolition Permit: 1 Site Plan Review: 3
Watershed Committee report was given by Councilman Kiernan. So far there are twelve requests for the remaining five demonstration systems. The Committee is considering ways to open up eligibility to all properties in the Watershed, not just those that have failed inspections in 2005. Letters have gone out to residents within the Watershed, giving them 30 days to express an interest in participating. It is believed that in the near future NYS will be requiring phosphorus removal around the lake. The Town of Springfield is now requiring the addition of phosphorus removal components on new and replacement systems. The Committee feels strongly that Otsego and Middlefield should consider following Springfield’s lead.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to accept the reports given by the Highway Superintendent, Zoning Enforcement Officer, and Watershed Supervisory Committee as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Kiernan reported that she has received two RFP’s so far for the Town’s Revaluation. Steve Childs at Real Property is optimistic that the Town will be able to use the Village of Cooperstown’s numbers and will not need to be re-bid.
Councilman Burch reported receiving two bid offers for the accountant position. Proposals were as follow: Judith M. Brown, CPA $900 per quarter/$3,600 annually Gruver & Scott, LLP $200-$800 per quarter/$3,200 annually
MOTION by Councilman Burch, seconded by Councilman Kiernan, to hire Gruver & Scott for the accounting position.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The Board briefly discussed the Memorandum of Agreement (MOA) proposal between the Watershed Supervisory Committee and the Town of Otsego, as well as the proposed Land Use Law change allowing alternative septic system structures within 100 feet of Otsego Lake.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to adopt Local Law #1 (allowing alternative septic system structures within 100 feet of Otsego Lake) and authorize Chairman Breiten to sign the MOA with the Watershed Supervisory Committee.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Kiernan offered to meet with Tim Donahoue and submit a revised Trash Law for the May meeting.
Councilman Burch submitted a Highway Superintendent Health Benefit package for the Board’s consideration. It was the consensus of the Board to table further discussion until the May meeting.
Chairman Breiten reminded the Board that the Town’s Moratorium on Major Subdivisions ends May 21, 2006. He is hopeful that comprehensive plan consultant Nan Stolzenburg will have a proposal for subdivisions by the May meeting.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to extend the Moratorium on Major Subdivisions for a maximum time of 6 months.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
A Public Hearing was set for May 10th at 7:00 PM.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to adjourn to Executive Session for the purpose of discussing the upcoming CSEA contract and Highway Superintendent Health Care Package.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Schallert, to adopt the proposed Highway Superintendent Health Care Benefit Package as amended, deleting the last sentence announcing the annual salary for the Highway Superintendent position for the year 2006 will be fixed at $28,000.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
RESOLUTION ADOPTED: Resolution Docket (pg. 58)
MOTION by Councilman Kiernan, to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be May 10th at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 9:45 PM.

Respectfully Submitted,

Pamela Deane Town Clerk