The Regular Meeting of the Town Board of the Town of Otsego was held on the 12th day of October, 2005 at the Town Building, Fly Creek, NY at 7:00 PM.

 

Those present were:

Thomas Breiten            Chairman

George Tucker Councilman

Bill Michaels                 Councilman

Nancy Iversen              Councilman

 

Others Present:

Pamela Deane             Town Clerk

Louie (Spike) Boyd      Highway Superintendent

Margaret McGown       Town Attorney

 

Chairman Breiten called the meeting to order.  He asked that everyone please rise for the Pledge of Allegiance.

 

Chairman Breiten opened the Public Hearing for the proposed moratorium on major subdivisions and the 2006 budget.

 

Councilman Iversen read the proposed moratorium.

 

Chairman Breiten read correspondence regarding the moratorium:

  • A letter from Rick Hulse, stating that he is favor of the moratorium and would like to see the 3- acre and 150 ft. road frontage minimum revert back to the 5-acre, 300 ft. minimum that it once was.
  • A letter from Waldo Johnston, urging the board to adopt a 20-acre minimum or 5-acres if sufficient water can be assured, including a 300  ft. road frontage minimum and 50 ft, side-and- rear yard setbacks.
  • A letter from Margaret Seaver, stating that she is in favor of an increase in lot sizes in the Pierstown area and in whatever measures necessary to preserve the rural atmosphere.
  • Joseph Galati writes that he is in contract to purchase 55 acres on Christian Hill, and has approached the Planning Board with sketch plans on two separate occasions to divide the property into 10 lots.  He contends that this moratorium places a financial burden on him and asks that his proposed subdivision be excluded from the moratorium.

 

Chairman Breiten opened the floor for comment.

 

Sheila Ross asked if the moratorium would encompass the entire town or just the Pierstown area.

 

Chairman Breiten answered that the entire town would fall under the proposed moratorium.

 

Martha McGown stated that she is very much in favor of the moratorium.  She thinks it is time to take a step back, as we are now threatened by large subdivisions.

 

Chairman Breiten asked for a show of hands of those in support of the moratorium, then again of those not in support of the moratorium.  Of the 52 present approximately 85% supported the moratorium, 10% were against it, and 5% did not vote.

 

Paul Poulos asked what a moratorium does and what effect will it have.

 

Chairman Breiten explained that moratoriums are generally enacted to give the Town Board time to review Town Law and see that it is applicable to the long-term goals of the Town.

 

Ellen Weir said she feels that this is a complicated issue.  She feels the Board should direct their energy into suing Hartwick for ruining Main Street, Cooperstown.  Along with other people she chose to live here because of the natural beauty.  On the other hand, she feels it is an unfair proposition to dictate open spaces when farmers have counted on the selling of their land to be their retirement. Possibly money collected by the County from tourism can be used to compensate those owning large tracts of land. She feels if the natural beauty is destroyed and the Town starts to look like Hartwick Seminary then the tourists will stop coming.  She is opposed to track housing.  She agrees we do need some type of regulations governing the amount of land people can build on, but at the same time she doesn’t think it fair to tell the farmers that they can’t sell their property.

Victor Salvatore said he thinks it would be totally irresponsible for the Board not to impose a moratorium now, given the type of projects that are proposed.

 

Adrian Kuzminski thinks a moratorium might give the Town a chance, without undue pressure, to try to strike a balance on some of these issues.  He would like to see large lot zoning in rural areas and suggested that possibly more affordable housing could be achieved by liberalizing some of the requirements in the hamlet of the Town.  He suggested even looking at a sewer and water district in Fly Creek.  His thought was that maybe you can protect the rural part of the Town, but also provide some scope in the Town for affordable housing, commercial activity, and so forth. It does not have to be spread all over and maybe it can have the best of both worlds.

 

Mary Ann Dietz stated that with water supply being an issue in parts of Pierstown, she supports the moratorium. This gives the Board time to evaluate soil and water conditions throughout the Town and determine how much development is reasonable before taxing surrounding properties.

 

Joseph Galati wanted everyone to be aware that, if you do go to 20-acre lots, the purge to forests is much less if you take a 100-acre parcel, carve out 15 – 20 acres, and put 15 -20 homes on those acres versus running roads through virgin trees 2/3rds of the way up a wooded area.  There is a smart way to develop and an ugly way to develop.

 

Susan Birdsal stated that she is in favor of the moratorium.  For those opposed to the moratorium, she did not think 6 months is a tremendous amount of time in order to allow the consultant to begin their work

 

John Stucin, Planning Board member for 17 years, stated that he didn’t think a moratorium is the answer.  It puts unfair pressure on the Planning Board to come up with stop-gap language.  Six months is not enough time to do a master plan and a language law revision, especially when you have a Town Board change coming in January.  It’s not fair to the rest of the Town to shut down.  It’s not fair to the Planning Board to back things up until April, and it just does not work. The acreage issue is never going to answer your water problems.  There are concerns along the lake that need to be addressed.  Every application the Planning Board reviews on the lake has a variance attached to it.  And when a variance becomes the rule of the day instead of the exception, something is wrong.  There is a lot of work to do, but it isn’t going to be done in six months.

 

Velma Armstrong stated that she feels that a petition with over 150 signatures shows that people want a change to what we now have, and she thinks the Board should a least attempt a moratorium.

 

Vivian Steinberg was in favor of extending the moratorium if need be.

 

Maureen Micek stated that she and her husband believe that a moratorium is an active approach to smart planning.  She is in favor of the moratorium.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to close the Moratorium Public Hearing.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten opened the Public Hearing on the 2006 Budget.

 

While many of audience began to get up and leave, Councilman Michaels announced that this is the first time the Board has ever had this many people to a public hearing when we also had a budget hearing.  The fiduciary responsibility is the number one responsibility of the Board.  The Board never gets any more than a handful of comments on the budget.  This Town Budget is one of the highest in the County and we don’t have the highest population or the most amount of roads.  He challenged those leaving to share as much of their anxiety about Land Use to the fiduciary responsibility of this Town.

 

Chairman Breiten stated that he to is pleased  to see so many people come out for the Public Hearing.  He added that Town taxes are down again this year and feels the Board has been fiscally responsible and is projecting well into the future.

 

Paul Poulos expressed concerns about the insufficient wages and compensations of the highway crew.  He feels they do a wonderful job.

 

Chairman Breiten stated that, once union negotiations are final, he intends to put together a summary of the wage benefit package for public knowledge.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to close the 2006 Budget Hearing.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten read correspondence received since last month:

  • A 2007            retirement account statement from the NYS Comptroller’s Office announcing that it is up slightly from last year.
  • A letter from Bond, Schoeneck & King, PLLC, attorneys at law, which stated that they have forwarded a revised version of the CSEA contract.  They believe that the offer is fair and are hopeful that the bargaining unit will vote to accept this final package.
  • A copy of a letter he sent to Fly Creek Fire District Secretary Yvonne Colby.  In the letter he requested a certification cover sheet with signatures from the Fire Commissioners attached to the 2006 budget, or a copy of the meeting minutes that describe the acceptance of the 2006 budget figures.  He also attached the NYS law requiring the Fire Commissioners to provide the Town with certain other documents and estimates on an annual basis, as well. He is awaiting her reply.
  • A letter from Victor Salvatore, Jr., announcing his displeasure with the Town Attorney’s lecture given to the audience at the last Town Board meeting.  He does not think the Town Attorney is being paid to express his or her opinion on the volunteerism, or lack of it, of taxpayers.
  • A letter from Nancy Chandler, stating that she feels it would be prudent to fill the vacancy left by the death of Leslie Weir with unopposed candidate John Schallert.  She feels this would ultimately be a benefit to the whole Board.
  • A letter of notification from the Cooperstown Fire Department that they will be asking the Village of Cooperstown to negotiate a fee for the ongoing services they provide to the Fly Creek Fire District.  Currently the Village provides EMS/Ambulance Service and Rescue Service for the Otsego Fire District through a contract with the Town of Otsego.  Due to an oversight they do not presently have a contract to provide this service to the Fly Creek Fire District, though it is a service they have been doing.  The Town will be hearing from Trustee Glen Hubbell to start negotiations in the near future.
  • A letter from Vera Talevi, stating that she approached Senator Seward about the importance of a sewage system around Otsego Lake.  His response was that a sewer line that would serve multiple towns would require the creation of a district, probably by special State Legislation, at the request of the involved local governments.  Various studies would need to be completed to outline costs. He states that if the towns bordering Otsego Lake were to pursue a sewage district, he would work with them, but whether that route is chosen is for local representatives to decide.

 

Chairman Breiten opened the floor for comments.

 

George Chandler stated that in 1963 or ‘64 Bassett Hospital turned medical coverage over to the Cooperstown Fire Department. The ambulance service contract is for the Town of Otsego.   Unlike the Fire Protection contract with Cooperstown Fire Department, whereby they are contracted to cover part of the Town of Otsego, the Ambulance Service contract is for the entire Town of Otsego.

 

Chairman Breiten implied that the Town does not have taxing authority over the residents in the Fly Creek Fire District. If the ambulance contract with the Village of Cooperstown is not for the entire Town of Otsego, and they want to impose an additional charge to the residents in the Fly Creek area, he feels the charge needs to go to the Fly Creek Fire District and added to their budget.  It will have to be researched further.

 

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

 

General Savings:     $100,490.88                                              General Checking:   $ 33,796.14

Highway Savings:   $       352.48                                               Highway Checking: $ 59,602.64

Certificate of Deposit:  $950,000.00    

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to accept the financial report as given.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

 

 

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to pay the following invoices and make the necessary transfers:

            GENERAL:      #223-#239                                           $  17,629.43

            HWY:              #251-#273                                           $  36,292.05

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Superintendent of Highway report was given by Louie (Spike) Boyd.  Fuel expenses are as follow:

 

FUEL               GALLONS                  TOTAL COST/MONTH         YTD GALS                 YTD EXP.

Gas                    197.0                             $    516.14                           1,801.1                      $  3,217.31

Diesel              1,181.0                             $ 2,853.30                          13,898.0                      $24,814.90

Heating   -0-                                 $    -0-                                6,522.29                      $10,470.01

Svc.                                                         $    -0-                                                                    $     500.95

 

Spike reported that both loaders needed major repair this month.  The larger loader dropped a piston.  The estimated cost to rebuild the engine was $16,000.  The smaller loader needed new head gaskets.

 

MOTION by Councilman Tucker, seconded by Councilman Michaels, to accept the Superintendent of Highway report as given.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Planning Board Chairman Jonathan Bass reported that the Board has reviewed its first cell tower application.  He reminded the Town Board that they were given suggested language change on Service Trade Establishments last month.    Councilman Michaels questioned the maximum size allowance of 2000 sq. ft. which, in his opinion, seemed low for the storage of heavy equipment.  Chairman Breiten stated that, since they are Special Permitted Uses allowed only in the RA-1 and RA-2 district, the idea was to keep them small forcing larger operations into the commercial district.  Chairman Breiten promised to add the proposed language to next month’s agenda.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to accept the Zoning and Planning report as given.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Watershed report was given by Councilman Iversen.  There regular meeting was held on October 6th.  A majority of the meeting was focused on septic inspections that have been completed around Otsego Lake and how well they are going.  Only 4 inspections remain to complete the projected 94 inspections for the 2005 program.

 

MOTION by Councilman Tucker, seconded by Chairman Breiten, to accept the Watershed report as given.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Councilman Iversen presented a Short-Term Rental final report.  The May 13th draft did not require owner occupancy but the August 10th draft did.  Very few people attended either preliminary public hearing.  Since the Board did not pass a Motion to put forth either draft for a final Public Hearing, neither draft of the law has been enacted.  She submitted both drafts with her report so that a future Board will not have to start from scratch if it is determined at a later date that a Short -Term Rental Law is needed.  She publicly wanted to thank Ann Geddes-Atwell and John Phillips for all their hard work.

 

Chairman Breiten introduced Tim Powers, a representative of Cornerstone Telephone Company.  Mr. Powers presented a 24-month contract for identical phone service with an estimated savings of $50.74 a month.  A list of references was provided. Chairman Breiten reported calling several of them, all seeming to be very satisfied.  If the Town decides to terminate early, it will cost $500 a line unless it is terminated due to service issues.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to accept the contract upon Town Attorney approval.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten asked the Board for any further discussion on the 2006 budget.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to adopt the 2006 Budget.

 

MOTION CARRIED:  Chairman Breiten, Councilman Iversen, and Councilman Tucker voted yes.  Councilman Michaels voted no.

 

Chairman Breiten explained that the Town reval is townwide, therefore funds must come out of the “A” account.  When the reval reserve was established, the Board thought it was a “B” account expense (town outside) because the village was doing their own reval. After conversing with the comptrollers office he learned  that revals are townwide  and therefore the reval Capital Reserve account needs to be dissolved and the funds returned to the “B” account.  The reval has been appropriated in the “A” account in the 2006 budget.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to dissolve the Reval Capital Reserve fund and return the unexpended balance to the General “B” account.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reported that the Comprehensive Plan committee met and interviewed the top 3 applicants applying to revise the Town Comprehensive Plan.  It is the recommendation of the committee that the Town Board hire Community Planning & Environmental Associates.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to hire Community Planning & Environmental Associates to assist the Town in the development of a new Comprehensive Plan at a fee not to exceed $63,000.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten asked the Board if they had any comments in regards to the Moratorium on Major Subdivisions.

 

Councilman Michaels asked in what way  would  this affect the subdivision Joseph Galati would like to propose to the Planning Board.

 

Attorney McGown pointed out that the moratorium has a clause which allows the Town Board the power to vary or modify any provision of the moratorium, after public hearing on notice that this Local Law would pose extraordinary hardship on a landowner or developer.

 

Councilman Michaels pointed out that the way the moratorium reads it will automatically end if there are any revisions to the Land Use Law.

 

After much discussion, it was decided to leave revisions to the Land Use Law out of the Moratorium in the event the Board chooses to adopt other revisions to the Land Use Law.

 

Attorney McGown confirmed that a minor modification to the Moratorium by deleting the words Land Use Law was acceptable without holding a second Public Hearing.

 

MOTION by Councilman Iversen, seconded by Councilman Michaels, to adopt Local Law #2 establishing a Moratorium on Major Subdivisions as amended.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reported that there were no bids for the Town Building Renovation.

 

It was the consensus of the Board to re-bid the project as a whole or individually, which ever engineer Hans deWaal recommends.  Bid deadline was set for November 9th.

 

Chairman Breiten reported that the building committee held their first preliminary meeting with Clark Patterson.  A second meeting has been scheduled to further discuss the preliminary findings.

 

Chairman Breiten stated that Arthur Andrews has offered to donate 5-acres on the corner of County Highway 26 along his pond and beaver dam, to the Town for a park.  Chairman Breiten asked the Board if the they thought it was better if the Town held a 100-year lease rather than own it, and asked if they were concerned about being responsible for a beaver dam.

 

Councilman Tucker expressed concern about the blind spot in the road where County Highway 26 and Day Road meet.

 

Attorney McGown advised the Board to also consider the liability, maintenance, parking and handicap accessibility.

 

Chairman Breiten will talk more with Mr. Andrews.

 

Attorney McGown reported that Town Assessor Ferd Thering overlooked a notice from the NYS Real Property Services which stated that Railroad assessments have a ceiling of $36,249.  He presently has the Susquehanna Railroad on Railroad Avenue assessed at $286,600.  This will take $250,351 off the tax roll. She explained that before the tax bills are configured the Board of Assessment Review must convene and change the assessment on this property.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to request the Board of Assessment Review to hold a special meeting concerning the Susquehanna Railroad property on Railroad Avenue.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Tucker to adjourn.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The next regular meeting will be held on November 9, 2005 at the Town Building in Fly Creek at 7:00 PM.

 

                                               

Respectfully Submitted

 

                                                                                                Pamela Deane

                                                                                                Town Clerk