On the 12th day of January 2005 the Town Board of the Town of Otsego held a regular monthly meeting. Those present were:

 

Thomas Breiten            Chairman

George Tucker Councilman

Nancy Iversen              Councilman

Bill Michaels                 Councilman

Leslie Weir                   Councilman

 

Others Present:

Pamela Deane               Town Clerk

Margaret McGown       Town Attorney

Louie Boyd                   Highway Superintendent

 

Chairman Breiten called the meeting to order and asked everyone in attendance to pledge allegiance to the American flag.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the minutes of December 27th as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten recognized Otsego County Attorney James Konstanty.  Konstanty explained that the sewer and water costs for Otsego County’s new skilled nursing facility, otherwise known as Otsego Manor, were paid for through a $30,000,000 capital bond the County got for the project.  The Town does not need to incur any expenses.  The State approved the project for $25,000,000 with a State reimbursement of about $20,000,000 in capital cost.  The State recommended that a sewer and water district be created; the sewer and water costs could then be included in the $5,000,000 capital costs not approved by the State and eligible for reimbursements.  The State has two types of reimbursements: operating reimbursements, which are paid annually, and capital reimbursements, which are paid out over a 25-year period.  To summarize, Konstanty asked the Board to hold a Public Hearing to create a water and sewer district, the district being the property on which Otsego Manor is located; and to loan the County $1,000,000, which the County would repay over a 25 year period after the State had reimbursed them, lowering  the cost to taxpayers. Since a Town by law has a limit to how much debt-load they can carry, having this $1,000,000 debt would limit how much more the Town of Otsego could borrow in the future.

 

Town Attorney McGown stated that the owners of real taxable property must sign the petition, and Otsego Manor is not a taxable property.  The Department of State is telling her one thing and the Department of Health is telling Konstanty another.  She intends to contact the State Comptroller’s Office to see what they recommend.

 

The Board thanked Konstanty for coming and will give the County’s proposal some consideration.

 

Chairman Breiten, after realizing by a show of hands that a majority of the audience was there to discuss the relocation of the Town Barn, gave an overview of what has transpired to date.  Last fall an engineering firm inspected the Town Barn located on County Highway 26.  It was their recommendation that it would be more cost-effective to replace rather than remodel the existing building, which would then meet OSHA and NYS Building Code regulations, and be a safer workplace for Town highway employees.  After residents informed the Board that the current Town Barn on Cemetery Road is in a Residential/Hamlet district, the Town Board then began a process to see if there was indeed a site in the Township better suited. After looking at area maps provided by the County, the committee found 20 possible parcels that would be large enough, flat, and near a main road.  Letters were distributed to the owners, asking if they were interested in transferring their property to the Town.  To date, half of the owners have responded, none of whom are interested in selling their land. Chairman Breiten stated that, even though the committee will continue to look for additional land, he personally did not want to hold up the process of building a new Town Barn. 

 

Chairman Breiten stated that, for those interested in the Land Use Law draft amendments addressing weekly rentals, the draft is still not quite ready for Public Hearing.  When it is, everyone will have the opportunity to air his or her views.  Breiten pointed out that weekly rentals have occurred in this Town for many years.  They bring considerable revenue into the Town and are a low-impact type of industry.  Weekly rentals benefit residents, are good for the economy, and help the tax base.  The problem is that  he does not believe they are specifically permitted in accordance with the Town’s Land Use Law.  He believes they have the potential to disrupt a neighborhood and devalue surrounding properties, and that guidelines need to be adopted.

 

Chairman Breiten opened the floor for comment.

 

Butch Weir, Keating Road, Fly Creek, stated that he has lived in the area for 60 years and, even though there has been an increase in development during this time, the number of roads has remained the same.  This raised the question of why the Board feels the Town Highway department will eventually outgrow the existing site.   Weir pointed out that both the Village of Cooperstown and Otsego County highway departments combined are not only located on less than 5 acres but are in a Town well-known throughout NYS for its baseball shrine and scenic beauty. Weir stated that he believed that a fiscally- responsible Board would not purchase something that taxpayers have already bought.  The Cemetery Road site was selected in the ‘70s to be the future of the highway department.  It’s centrally located, providing easy access to all parts of the Town, and it’s out of the way.  In closing, Weir stated that he saw no problem with the Board beautifying the site and strongly recommended that the Board not make a decision to move the site but rather put it to the voters in the form of a Public Referendum.

 

Chairman Breiten stated that, in reference to the Committee considering a larger site, they factored in the number of seasonal roads that may eventually be used year-round, and the anticipation of the State mandating a mulching and recycling facility.

 

Lawrence Pelofsky of Huff Road commented on the proposed amendment to the Land Use Law addressing weekly rentals.  After reviewing the draft, he believes that the Board is proposing a commercial use in residential/agricultural districts.  That is what a Use Variance is for.  Under Town and State law the public is entitled to a hearing whereby they are allowed to come and air their views.  Also, the draft suggests that a known administrative official will be issuing the permits which is also contrary to State Law. Pelofsky doesn’t believe that these weekly rentals are producing any money for the Town of Otsego.

 

John Phillips of Fly Creek argued that he has purchased additional homes with the intent to rent on  a weekly bases, and he has not only remodeled both homes increasing their tax assessment, but purchased all building and furniture supplies locally.

 

Selina Gelatt of Keating Road, Fly Creek stated that she and her husband had a home on State Highway 28 that they loved and had completed renovated.  As time went on and Rt. 28 became more and more built-up with commercial enterprises, they chose to sell their home and move to Keating Road because of the beauty and nature of the area.  She is very opposed to a new Town Highway facility being built on Keating Road, as well as concerned about the tax dollars it would cost.  She sympathizes with those on Cemetery Road, but the way she and her husband fixed a similar situation was to move.

 

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

General Savings:    $314,298.13           General Checking:    $50,893.75

            Highway Savings:  $260,015.53         Highway Checking:  $61,146.06

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to pay the following invoices:          

 

            General #1-#22                                                $20,346.22

            HWY    #1-#20                                               $50,676.52

 

Councilman Michaels had a few questions pertaining to the highway department.  One question concerned the Cellular One bill of $33.00 a month which covers 200 minutes. Michaels noticed that Spike averages 8 minutes a month.  He stated that Verizon offers a pre-pay yearly plan of $85.00 which allows you to use up to 800 minutes. Spike agreed to see if Cellular One offers a similar plan.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence he received since last meeting. Among it was a letter from

NYS say they will be funding the Quality Community Grant Program again this year. Breiten will see that Zoning Enforcement Officer Jane Berry is aware of this.  Breiten reported receiving a rough draft of a letter Wayne Bunn Engineering prepared for Charlotte Valley Railroad, addressing concerns the Town has with the erosion occurring on Phoenix Mills Crossroad as a result of their excavating.  The Board reviewed the letter and made minor changes, and Attorney McGown will see that Bunn sends the modified letter to the Railroad.  Breiten also reported receiving another short-term rental revision from the committee.

 

The Zoning Enforcement Officer report was present by Chairman Breiten in Jane Berry’s absence.  The following permits were issued since last meeting:

            Zoning Permits: 1 Value: $400,000                   Complaints:  1

            Residential Addition:   1-Value: $45,000        Fireworks Permit:  1

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to accept the Zoning Officer report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The Watershed report was given by Councilman Iversen. The topic that generated the most discussion at the meeting is the use of UV systems being recommended for homeowners with questionable water supplies, especially those who draw their water from the lake.

 

MOTION by Councilman Tucker, seconded by Councilman Michaels, to accept the Watershed report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Louie (Spike) Boyd submitted his year-end Superintendent of Highway report.  Fuel expenses are as follow:

 

FUEL               GALLONS                  TOTAL COST/MONTH         YTD GALS                 YTD EXP.

Gas                    -0-                             $   -0-                                             -0-                           $  -0-

Diesel               1,271.0                        $1,935.83                                   1,271.0                        $ 1,935.83

Heating 1,052.2                         $1,530.57                                   1,052.2                        $ 1,530.57

Svc.                   -0-                                   -0-                                                                             $  -0-

 

Spike submitted his 2005 Agreement for the Expenditure of Highway Moneys.  He proposed to make improvements to Huff Road and Hoke Road, bringing the total CHIPs project to $89,453.00. 

 

The Board reviewed and signed his proposed Agreement for the Expenditure of Highway Moneys.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to accept the highway report as presented.

 

Town Justice James Wolff submitted the Courts year-end reports and bank statements that were reviewed by the Board.  Councilman Iversen reported auditing the court records earlier in the week and finding everything satisfactory.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the Court year-end report and financial statements as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Town Clerk Pamela Deane submitted a Town Clerk year-end report that was reviewed by the Board.  Councilman Michaels reported auditing her bank statements earlier in the week and finding everything satisfactory.

 

MOTION by Councilman Tucker, seconded by Councilman Michaels, to accept the Town Clerk year-end report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

James Atwell made an apology to the Town Board and to Town Justice James Wolff.  He explained that he and Judge Wolff had a brief conversation by his car about State Law addressing the appointment of Marriage Officers, and gave the example that he had been approached by a member of the community  known to both of them to officiate his upcoming wedding.  Atwell honestly thought his appointment as Marriage Officer would prove to be useful and non-controversial which later proved to be wrong.  Judge Wolff thought he was agreeing to Atwell being appointed as Marriage Officer for one day, finding out later he was appointed for 1 year.  Atwell graciously asked the Board to rescind their Motion appointing him Marriage Officer, and said he intends to revisit this matter with the Board at a later date.

 

Judge Wolff stated that the law was geared to metropolitan regions where there was tremendous growth and not enough justices. Unless there is a demonstrative need, he is opposed to people being appointed to perform weddings.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, accept James Atwell’s request to rescind the Board’s Motion appointing him Marriage Officer until December 31, 2005.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten submitted a copy of the current Highway CSEA contract, which states that the Highway employees are entitled to a longevity wage increase each year. Last year they did not receive one. Chairman Breiten stated that Attorney Jones, hired by the Board to advise the union negotiations, confirmed that highway employees are entitled to a longevity wage increase retroactive to January 1, 2004.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to grant Highway employees their longevity wage increase retroactive to January 1, 2004.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten submitted a Hazard Mitigation Resolution that was reviewed by the Board.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to adopted the proposed Hazard Mitigation Resolution.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 44)

 

Chairman Breiten reported that he and the Exeter and Richfield Springs Town Supervisors meet with Senator Seward to discuss the Canadarago Lake Dam Project.  Seward suggested that a Lake Improvement District for Canadarago Lake be established, making the Dam Project eligible for grants. Even if the Board adopts the proposed resolution establishing a Lake Improvement District, it still needs to appear on the November ballot as a Permissive Referendum.

 

Councilman Tucker stated that he would prefer to see Richfield Springs Board, which is acting as lead agency, adopt the proposed resolution before this Board acts on it.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to adopt the proposed resolution creating a Lake Improvement District for Canadarago Lake.

 

MOTION CARRIED:  Chairman Breiten, Councilman Iversen, and Councilman Michaels voted Yes

Councilmen Tucker, and  Weir voted No.

 

RESOLUTION ADOPTED: (Resolution Docket pg. 45)

 

Councilman Michaels submitted two resolution proposals addressing health insurance eligibility for elected and part-time Town employees.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the proposed resolution policy for elected officials.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 46)

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to accept the proposed resolution policy for part-time employees.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 47)

 

Chairman Breiten reported that right after the Board voted to donate the 1993 Ford Escort to BOCES, the Town received an offer for the asking price of $500.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to amend the Board’s December Motion to donate the 1993 Ford Escort to BOCES and accept Gary Foster’s offer of $500 instead.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Councilman Michaels suggested that it might be more convenient for the Town employees if the Town offered direct-deposit.  Bookkeeper Dora Cooke agreed to contact the payroll company to inquire the cost of direct-deposit.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to go into Executive Session to discuss union contract negotiations and appointments.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to come out of Executive Session.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to make the following appointments:

 

            Deputy Supervisor – George Tucker

            Town Attorney – Margaret McGown

            Planning Board Member-John Phillips (term expires 12/31/2011)

            ZBA Member-Sam Hoskins (term expires 12/31/2009)

            Planning Board Chairman – Jonathan Bass

            Zoning Board Chairman – Anthony Scalici

            Board of Assessment Review-Bill Kitchen (term expires 9/30/07)

            Planning Board/ZBA Clerk – Bill Deane

            Watershed Supervisory Committee – Nancy Iversen

            Town Historian – Tom  Heitz

            Health Officer – Jane Berry

            Registrar of Vital Statistics – Village of Cooperstown Clerk and Deputy Clerk

            Voting Machine Custodian – Bill Ross

            Zoning Enforcement Officer –Jane Berry

            Planning Board Engineer-Wayne Bunn

            Dog Control Officer-Wolfgang Merk

            Bank Depositories –Wilber National Bank and Central National Bank

            Official Newspapers-The Daily Star, CoopersTown Crier, and Freeman’s Journal

            Polling Places-Cooperstown Fire Department and Otsego Town Office Building

            Meeting Date-Second Wednesday of the month

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to readopt the Town’s existing Procurement Policy and Investment Policy.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Iversen, seconded by Councilman Weir, to adjourn.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The next regular monthly meeting will be held on the 9th day of February, 2005 at the Town Building in Fly Creek at 7:00 PM.

 

 

 

                                                                                                            Respectfully Submitted,

                                                                                                            Pamela Deane/Town Clerk