A Regular Meeting of the Town Board of the Town of Otsego was held on the 9th day of August 2006 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

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 July 9^th as presented.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten reviewed correspondence received since last meeting:

Town received notice that Bowers and McNulty-Bowers disagree with the Town Planning Boards decision to approve LaValley's site plan to construct a 40’x80’ 2 story storage building on Keating Road to be used as a Service Trade Establishment. They’ve filed an Article 78 against the Town Planning Board and Mark LaValley. Chairman Breiten stated that Town Attorneys Tillapaugh and McGown have already sent a response to the Supreme Court and asked Town Board and Planning Board members to refrain from commenting to the press at this time.
Notice of Application to the Commissioner of General Services for a Grant of Land Under Water from Joseph Galati. His deed does not match the actual property he built his house on. At some point fill was added to the lakes shoreline. The applicant has to buy the land from the State of New York. Part of the procedure in purchasing the land is the buyer must notify the neighbors and the Town.
A letter from NYS Department of Transportation announcing that a meeting has been scheduled for August 14^th at the Otsego County Residency Department to address the ongoing un-permitted building, request for septic systems and retaining walls in the NYS right-of-way between State Route 80 and Otsego Lake.
A letter from Otsego County Planning Department announcing a seminar they will be hosting addressing ethical consideration for Town, Planning, and Zoning Board members. They suggest the Town adopt a formal Code of Ethics and form a Local Board of Ethics.
A letter from residents on Christian Hill expressing their concern with Galati’s major subdivision proposal for 12 new homes. It is their opinion that this will destroy the rural character of their neighborhood. They support either increasing the minimum acreage required to 10 or 20 acres or imposing a mandatory green belt or buffer area of undeveloped land with any new construction. The letters were signed by Peter and Jo Ann Gencarelli, David and Jennifer Vibbard, Summer Farina, Sherry and Christopher Bass, and Karl and Kathy Steere.

Chairman Breiten opened the floor for comments and there were none.

Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:

General Savings: $ 17,520.47 General Checking: $ 10,322.62

Highway Savings: $ 10,503.69 Hwy Checking: $ 45,218.17

MBIA Gen: $ 288,073.75 MBIA Hwy: $152,566.31

6-month Certificate of Deposit: $900,000.00

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, 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: #155-#168 $ 29,064.49

HWY: #144-#167 $ 61,419.27

Councilman Geddes-Atwell asked how are the FEMA bills were being tracked.

Chairman Breiten stated that FEMA has issued account numbers to be used to identify what bills are flood related and eligible for FEMA reimbursement. He went on to state that he asked Highway Superintendent Bryan Pernat to document labor, material and machinery expenses for each project, and take pictures of all the disasters in the Town created by the June 27^th flooding. Pernat has not turned in any FEMA forms or pictures and Chairman Breiten is more than a little concerned. The Town stands to loose a tremendous amount of money and Chairman Breiten suggested that this issue be discussed in Executive Session after the meeting.

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

FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.

Gas 258 $ 654.03 1,082.7 $ 2,268.58

Diesel 1,782.4 $ 4,482.37 9,518.2 $ 21,013.37

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

Svc. $ -0- $ 512.36

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 ZBA Application: 1 Stop Work Orders: 2

Miller stated that Forester Kenneth Williams studied Addison Bissell III’s property and made the following determination. Bissell’s property is 5.60 acres, all of which is within 500’ of Otsego Lake. In total the property contained 520 measurable trees and stumps 6 inches and larger at DBH. Thirty percent of the total number of trees would allow for 156 trees t o be harvested. Currently 70 stumps, including hazard trees, were found. Williams concluded that even though Bissell clear-cut the front of his property, he was still within the Land Use Law regulations. Miller suggested that the Land Use Law address density rather that percentage. Chairman Breiten will ask the Planning Board for a recommendation.

Chairman Breiten stated that the Comprehensive Planning Committee reviewed and modified the Subdivision Proposal submitted by Nan Stolzenburg and felt it was ready for a Public Hearing. He also announced that he would not be able to attend the September regular meeting.

MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to schedule September regular monthly meeting and Subdivision Public Hearing for September 6^th at 7:00 PM.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Councilman Burch stated that he is concerned over the number of street signs and hazard signs that are disappearing. This could effect the response time of emergency services if volunteers get lost or people aren’t warned about a danger up ahead. Councilman Burch agreed to notify the sheriffs department and release an article to the paper warning that anyone caught stealing Town signs will be prosecuted.

Councilman Kiernan reported that she and Councilman Schallert visited the site that Art Andrew would like the Town to lease for a park. They found the site mostly marshy, unusable and building a road would be difficult. It was the consensus of the Board to decline Andrew’s generous offer.

Chairman Breiten pointed out how unsafe the Allison Road, Day Road and County Highway 26 intersection is because of poor site distance. It was agreed that Chairman Breiten will ask the County if they would be willing to cut the hill down on County Highway 26 to help improve the site distance.

Councilman Burch reported that he, Councilman Schallert, Jim Atwell and Walter Dusenbury met and discussed moving the fence back 20 ft and planting spruce trees at the Cemetery Road Highway Garage site. Councilman Burch received two quotes, which included moving the gate: Universal Fence - $3,568 and Cook Fence - $4,161.

Councilman Schallert didn’t think moving the fence was a priority and would like to see the trees planted first. There is no guarantee, he said, that more money will be allocated in next year’s budget for this project.

Dennis Tallman of Fly Creek argued that due to the contaminated soil conditions on the Town Highway Garage site, trees would only die.

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to contract with Universal Fence to move the fence along Cemetery Road back at the Cemetery Road Town Highway Garage site 20 feet and spend up to $100 on soil testing before considering planting any trees.

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

Zoning Enforcement Officer Mike Miller explained to the Board that the Fly Creek Cider Mill has an application for a firework display and Section 1.0 of the Land Use Law requires Town Board approval to address the noise. Section 1.0 states that activity, which creates noise over 70 decibels, is not allowed in the Town. He added that they would also have temporary sound equipment.

Bill Michaels, owner of the mill, explained that the Cider Mill is celebrating its 150-year anniversary and he is having a band and hopes to have a 15-minute firework display between 9:00 – 10:00 PM on Wednesday August 16th. There will be a $10.00 gate fee that will be donated to the Friends of Bassett. Notices were distributed to the neighbors. He estimates approximately attendance to be 250 people.

Chairman Breiten pointed out that the mill was deemed pre-existing non-conforming 20 years ago. He has talked to some of the neighbors who are concerned about the bus traffic, parking along the street and truck beeping while backing up. He was not in favor of Michaels using a lot he owns on County Highway 26 for additional parking. Chairman Breiten wanted it made clear that this was not an opportunity for the mill to expand it’s use and asked for assurance from Michaels that this was only a one time occurrence.

Fly Creek resident Don Olin, stated that he never had a problem with parking or traffic and felt that the Fly Creek Cider Mill has a positive impact on the community, bringing people into the area that will also visit local restaurants and stores.

Fly Creek resident Jim Brophy, also stated that he did not have a problem with the firework display.

Councilman Geddes-Atwell stated that so long as Michaels did not expand and use the lot on County Highway 26 for additional parking and this was a one-time event she had no problem with the proposed firework display.

MOTION by Councilman Burch, seconded by Councilman Kiernan, to approve the one time firework event for August 16^thfor the 150^th year anniversary of the Cider Mill.

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

MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to go into Executive Session to discuss personnel issues.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

MOTION by Councilman Schallert, seconded by Councilman Burch, Whereas: as a result of the recent flooding in the Town of Otsego there is a necessity to prepare and file numerous FEMA forms and whereas the Town Board has not received sufficient information for the forms to be completed from the Town Highway Superintendent and whereas failure to file could cost the Town thousands of dollars in lost FEMA reimbursement, therefore be it resolved that Chairman Breiten is hereby authorized to hire an individual to assist the Town in preparing necessary FEMA documents at a cost not to exceed $20 per hour maximum, weekly expenditure not to exceed $600.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

MOTION by Councilman Kiernan, seconded by Councilman Schallert, to adjourn.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

The next regular meeting will be September 6^th at 7:00 PM at the Town Building in Fly Creek.

Meeting ended at 9:30 PM.

Respectfully Submitted,

Pamela Deane

Town Clerk