A Regular Meeting of the Town Board of the Town of Otsego was held on the 12th day of September, 2007 at the Town Building, Fly Creek, NY at 7:00 PM
Present:
Thomas Breiten Chairman
Meg Kiernan Councilperson
Joseph Potrikus Councilperson
Anne Geddes-Atwell Councilperson
John Schallert Councilperson
Others Present:
Pamela Deane Town Clerk
Martin Tillapaugh Town Attorney
Shawn Mulligan Highway Superintendent
Chairman Breiten called the meeting to order and asked everyone to rise for the Pledge of Allegiance.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Potrikus, to accept the Minutes of August 8th, 13th, and 20th.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Sewer District Project Manager Win McIntyre gave a brief update on the proposed sewer project. Boundaries for the sewer district have been defined as being from Five-Mile Point to the Springfield line. The Town of Springfield was asked to be included but declined at this time. They would like to wait and see how well the system works for the Town of Otsego. McIntyre assured the Board it would not be difficult for Springfield to join later on. Work permits for State Highway 80 have been approved by DEC. Phase 1-A of the archeological work has been completed. This involves simply a worker’s search and walk-through of the area. The site directly behind the Hickory Grove Inn was the only area of concern. Archeologists are recommending a Phase 1–B. Conducting Phase 1-B would be contingent on securing an easement agreement with the owner of the Hickory Grove, which is still under discussion. McIntyre has met with DEC to discuss discharge limits. There are two options of discharge, one being directly to Otsego Lake, the other to a subsurface field. He is looking at different technology to determine the most effective way for a subsurface approach. DOT has given approval for test pits for the one-mile stretch along State Highway 80 between Five-Mile Point and the Hickory Grove Inn. Part of DOT approval requires flagmen, cones, and signage. Wales Engineering asked for an amendment to the engineering agreement, requesting the Town pay $250 for flagmen.
After a short discussion, it was the Board’s position not to amend the contract agreement with Wales Engineering. Wales Engineering will have to pay the cost for flagmen.
Chairman Breiten opened the floor for comments.
Jim Ainslie, a resident of Donlon Road, said that, as concerned citizens, he and John Phillips had attended all the Comprehensive Plan Committee meetings. They were told at the July 16th meeting that the Comprehensive Plan was ready for public hearing and the committee had disbanded. Ainslie stated t that, after the committee had disbanded, additional changes were made and no where does it state that the Appendices are for reference only and not part of the law.
Carl Wenner stated he feels the proposed Comprehensive Plan is utter nonsense. The vision statement projects for 20 years which he feels is absurd length of time. If the Appendices are only a reference they shouldn’t even be there. Wenner read a quote from Thomas Jefferson made in 1781, that God gave us life and He gave us liberty. Liberties are a gift from God and are not to be violated but with His wrath. We are talking about individual liberty on individual private property, not publicly-owned land. If we give up these rights, what is to stop the Town from taking more?
Chairman Breiten reported that there are concerns that the Village of Cooperstown will not be able to complete its revaluation in time. If they don’t meet the deadline, the revaluation the Town is currently undergoing will be unusable for this year. Village officials agree it will be close, but are confident that they will finish in time. State and County representatives have grave doubts it can be completed in time. Maxwell has agreed (for $24,000) to do the valuation of the village with the assistance of Village Assessor Al Keck, who will finish the data collection, help with some data mailers, and assist with informal meetings. For $10,000, Maxwell would give the Village some computer aid to help with the process, but will not be responsible for these valuations. To protect the Town’s $80,000 investment in conducting a Town revaluation, Breiten proposed that the Board hire Maxwell to assist Keck in finishing the Village revaluation. If the Board agrees to hire Maxwell to assist the Village in completing their revaluation the Village would have to release the Town from owing them $7,700, which the Town originally agreed to pay for the village property valuations collected for their revaluation. The Town would also receive approximately $4,500 reimbursement from the State, meaning the Town would actually be spending an additional $12,200 to help the Village complete their revaluation, not $24,000.
Walters stated that she and the Village Trustees will be meeting with Councilperson Kiernan, Chairman Breiten, and State and County officials Monday morning, September 17th, at which time she may have a better idea on whether the Village can finish its revaluation.
Attorney Tillapaugh summarized that, at the last meeting, the consensus of the Board was that they would consider reimbursing the retirees’ Medicare Part B premium, so long as the current highway employees are willing to sign an agreement stating that this would not be considered a past practice and that, under the current contract, they are not entitled to Medicare Part B reimbursement once they retire. Tillapaugh reported receiving a phone call from CSEA representative Jerry Phalen, who stated that the Town highway employees have decided not to sign such a statement. Tillapaugh warned that if the Board does decide to reimburse the retirees, it may be perceived as a past practice by the courts. The Board would want to make it clear by Resolution that the reimbursement to current retirees is not being done because of a legal obligation, but are doing so after hearing the retirees’ plight.
MOTION by Councilperson Kiernan, that retirees retiring prior to December 31st 2003 be reimbursed their Medicare Part B payment starting October 1st.
There was no second. MOTION died.
Chairman Breiten submitted a financial report that was reviewed by the Board. Balances are as follow in the various accounts:
General Savings: $ 62,807.10 General Checking: $ 17,054.09
Highway Savings: $ 32,433.99 Hwy Checking: $ 37,526.33
MBIA Gen: $ 608,771.95 MBIA Hwy: $1,244,034.05
MBIA Hwy Equip: $ 51,454.56
Chairman Breiten reported that all FEMA reimbursement money is in except for the replacement cost of the lower Stone House Road Bridge. He presented a Tentative 2008 Town Budget which the Board reviewed. The budget showed a tax decrease of $250,000 over last year.
Fly Creek Fire Commissioner Richard Carr submitted a Fly Creek Fire Department budget of $85,065.00, which is an $11,662.40 decrease from last year.
After much discussion it was the decision of the Board to schedule a special meeting on Wednesday, September 19th to discuss the 2008 Town Budget, Village Revaluation, and preparation of the EAF for the Comprehensive Plan.
MOTION by Councilperson Potrikus, seconded by Councilperson Kiernan, to pay the following bills excluding voucher #221 to the Village of Cooperstown in the amount of $5,719.00, to be paid once data information collected by Bookhout for Bassett Hospital, the Otesaga, Leatherstocking Golf Course, and the Baseball Hall of Fame has been received by the Town Assessor.
General: #192-#222 $ 40,121.88
Hwy: #192-#222 $182,779.63
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Highway report was submitted by Highway Superintendent Shawn Mulligan for the Boards to review. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas 103 $ 229.53 1,659.4 $ 3,711.79
Diesel 263.7 $ 625.89 12,997.9 $ 29,052.38
Heating -0- $ -0- 5,264.4 $ 10,599.21
Svc. $ -0- $ 266.28
Mulligan reported waiting for a DEC permit to repair the embankment on Bissell Road. Once that is done Hanson Aggregates is scheduled to pave the road.
Councilperson Schallert expressed concern with the lack of blinking lights and signage before and at the Allison Road bridge which has been reduced to one lane. Mulligan agreed to improve on visibility by adding lights and signs at the intersection of County Highway 26 and Allison Road
Zoning Enforcement Officer John Stucin reported issuing one Site Plan Review application and one Area Variance application since last month’s meeting.
Chairman Breiten read correspondence since last meeting.
A letter from John Stucin, resigning his position on the Planning Board.
A letter of interest from Steve Purcell, asking to be considered for the vacancy left by John Stucin on the Planning Board.
A letter from MOSA, informing the Town that their tipping fees have increased.
Chairman Breiten submitted a copy of the Otsego County Mitigation Plan which the Board reviewed.
MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to adopt the Otsego County Mitigation Plan as presented.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
RESOLUTION ADOPTED: (Resolution Docket pg. 71).
MOTION by Councilperson Potrikus to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
The next regular meeting will be October 10th, 2007 at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 10:00 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk