The Regular Monthly Meeting of the Town Board of the Town of Otsego was held on the 9th day of February, 2005 at the Town Building, Fly Creek, and NY at 7:00 PM.

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Those present were:

Thomas Breiten            Chairman

George Tucker             Councilman

Nancy Iversen              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 January 12th as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence he received since last meeting:

 

*a letter from Union Mediator Erwin Kelly, confirming that the next and final mediation session with CSEA will be held on February 14th at 10:00 AM.

 

*a letter from the NYS Planning Federation, informing the Board that they are available to provide assistance on planning, zoning, and land use or development matters. Their goal is to offer strategic, practical and affordable assistance designed to complement the work of community leaders, staff or consultants.  They offer training in Land Use, Environmental Review, and SEQR, and in designing a Comprehensive Plan.

 

* a  letter from County Solid Waste Coordinator Terry Bliss, asking that Towns consider holding a tire collection day.  It was the consensus of the Board to stay with their original decision not to hold a tire collection day this year.

 

* a letter of notification that the NYS National Parks Services is currently accepting  applications for funding under the 2005 Save America’s Treasures Grant Program.  The letter was passed onto Town Historian Tom Heitz for consideration.

 

*a letter from Martha Fry, Executive Director of Otsego 2000, with suggestion for regulations for short-term rentals.  She suggests that the Town of Otsego make short-term rentals a special permitted use with strict review standards under the Town’s Land Use Law.  She feels this is the best way to address the potential issues and community impacts that short-term rentals may have on the Town and its residents.

Chairman Breiten will pass this letter onto the short-term rental committee for consideration.

 

*correspondence that Chairman Breiten had with Larry Pelofsky pertaining to short-term rentals, and suggestions Mr. Pelofsky had about the process.

 

*a letter of resignation from Zoning Enforcement Officer Jane Berry.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker to accept with regret Jane’s resignation.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

*a letter of resignation from Board of Assessment Review member Mark Weir.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept with regret Mark’s resignation.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to appoint Sal Furnari to the Board of Assessment Review to fill out Mark Weir’s term.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

(Furnari’s term will end 12/31/2006).

 

Chairman Breiten opened the floor for comments.

 

Lawrence Pelofsky directed the Board’s attention to the Town of East Hampton, which in his opinion has successfully established short-term rental regulations. Mr. Pelofsky posed a series of questions to the Board, asking if the short-term rentals committee is still meeting; if so who is on it; how were committee members selected; has the Board consulted with any professional organizations and if so who; what are the views of the individual Board members?  He also requested copies of any correspondence the committee has received or drafts the committee has produced.  The Board will satisfy Pelofsky’s request within the next 5 business days.

 

Attorney Lester Sittler of Fly Creek stated that he was not aware of many problems concerning short-term rentals, but applauded the Town for taking action in addressing the issue.  He explained that zoning is different than licensing.  If the Board adopts a licensing procedure under sections 136 and 137 of Town Law, the Board would simply hold a Public Hearing for the purpose of giving the public the opportunity to confront the applicant.  The applicant would then be given the opportunity to give testimony. Based on what they heard the Board would then make the determination whether or not to revoke the applicants short-term rental license.  The State Police would handle enforcement. In closing Sittler gave the opinion that a simple licensing procedure will not only get more people to submit to the procedure, but the Town will have a stronger enforcing position. (Letter filed)

 

On another issue Sittler stated that he was not in favor of the town barn on Cemetery Road being relocated. He felt the 4 1/2 acre site was more than adequate and didn’t want to see his taxes increased. 

 

Town Historian Tom Heitz pointed out that people have rented out their homes alone Otsego Lake for short periods of time since 1840. 

 

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

General Savings:    $264,298.13           General Checking:    $226,488.62

            Highway Savings:  $260,015.53        Highway Checking:  $548,470.62

 

Chairman Breiten reported investing  $1,100,000.00 with Wilber Bank in a CD at 2.75% that will give the Town a return of $15,125 in interest in 6 months time. Another CD at 2.45% was taken out in the amount of $200,000.00 for 90 days, which will yield a return of $1,225.00.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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

 

            General #23-#46                                              $41,305.28

            HWY    #22-#49                                             $60,385.92

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Councilman Iversen pointed out that the Town should bill Charlotte Railroad for reimbursement of the engineering bill of $717.75 as a result of  damage done to Phoenix Mill Road caused by their excavating.

 

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: $200,000                   Complaints:  2

            Residential Addition: 1-Value: $20,000        Fireworks Permit:  1

 

Planning Board member John Phillips reported that a representative from the Army Corps. of Engineers will come speak on March 24th giving clarification, on different subject matters the Planning Board often deals with.  Also, the Planning Board will be holding a workshop to discuss storage units and architectural design.

 

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.

 

Watershed report  was given by Councilman Iversen. On July 9th there will be an Otsego Lake festival supported by the Water Quality Coordinating Committee, Soil, Water and Conservation, the SUNY Biological Field Station, the Otsego Lake Association, and the Otsego County Conservation Association.  It will be held at the Lakefront Park from 1:00 – 9:00 PM.  There will be a main tent, which will house a variety of events including music, lak group presentations and arts and crafts demonstrations and workshops. It will be a major event.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, 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                  EXP/MONTH                         YTD GALS                 YTD EXP.

Gas                     229.0                        $   295.41                                      229.0                        $    295.41

Diesel               1,152.5                        $1,790.41                                   2,423.5                        $ 3,726.24

Heating 1,314.4                        $2,045.29                                   2,366.6                       $ 3,575.86

Svc.                   -0-                                   365.84                                                                       $    365.84

 

Spike stated that both furnaces in the oldest highway garage located on County Highway 26 are rotted out.  Mirabito Fuel Group proposed installing two hanging furnaces at a total cost of $6,980.  Spike stated that the hanging style furnace could easily be moved to another location.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, authorizing Spike to purchase two hanging furnaces from Mirabito Fuel Group for $6,980.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

After some discussion, it was decided that Councilman Michaels and Councilman Tucker will serve as a committee and after evaluating both highway garage buildings and stored equipment, make a recommendation to the Board, if there is a surplus of equipment that could be eliminated, whether or not a new highway garage is needed and if so how large.

 

Spike submitted truck and equipment specifications to be used to advertise the releasing of funds from the Highway Capital Fund account, which is subject to permissive referendum.

 

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

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Historian Tom Heitz submitted a yearly report summarizing his activities in 2004 and a list of goals for 2005.  (Filed) Heitz proposed a resolution designating the hamlet of Fly Creek as a Historic District.  He explained that this protects the hamlet from government agencies such as NYS DOT from widening Route 28 or taking property by way of eminant domain. Property owners would not be limited from doing anything to their property. The proposed resolution would endorse the idea and encourage the Fly Creek Area Historical Society to pursue the matter and possibly act as lead agency.  The grant deadline is May 1st. It was also brought out that Fly Creek hamlet is the best remaining example of 1840s architecture in the state.

 

After discussion it was the consensus of the Board to table the resolution until the Fly Creek Area  Historical  Society has decided whether or not they would like to pursue the matter and act as lead agency. If  the Fly Creek Area Historical Society agrees to pursue designating Fly Creek Hamlet as a Historic District, the Board will reconsider the resolution offering support.

 

Butch Weir of Fly Creek pointed out that municipalities might have to deal with special permits at the state and federal level if Fly Creek is designated as a Historic District.  He suggested that if a new highway garage is going to be built the Board should expedite their plans.

 

Heitz requested that the Board appoint Sherlee Rathbone as co-historian.  On her own she has done extensive research and documentation on Town cemeteries and has been extremely helpful.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to appoint Sherlee Rathbone as co-historian.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Heitz also proposed a Proclamation recognizing Susan B. Anthony, who visited Cooperstown on more than one occasion.  The Proclamation would proclaim the week of Wednesday, February 9th through Tuesday, February 15, 2005 as “Susan B. Anthony Week” in the Town of Otsego.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to adopt the Susan B. Anthony Proclamation.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pgs. 48, 49 )

 

Chairman Breiten read the January and February Dog Control Officer report submitted by Dog Control Officer Wolfgang Merk. He reported one dog bite and one barking dog complaint in December and three dog at large complaints in January.

 

Chairman Breiten submitted two Fire and Ambulance contract proposals from the Village of Cooperstown.  The Board was concerned with an added insurance clause.  Chairman Breiten stated that he had consulted with town insurance agent Tim Parsons, who saw no reason why the insurance clause should be in the contract.  After review, it was found that this clause was in and then removed from the previous contract. 

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, authorizing Chairman Breiten to sign and offer an exact copy of the previous Fire and Ambulance Contract Agreement held with the Village of Cooperstown.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten read a sample resolution from the NYS Department of Transportation, entering into an agreement to construct a sidewalk on the west side of NYS Route 80 from the Village of Cooperstown’s northerly line, north 2042 feet, to the driveway at the main entrance to the Farmer’s Museum.  The estimated cost for the Preliminary Engineering and Construction and Construction Supervision and Inspection work is $134,400.00.  The Town will be reimbursed 80%, or $107,520.00 with Federal funds. Chairman Breiten explained that the Town would first enter into the agreement with the State. This is because the Farmer’s Museum is not eligible for Federal Funding on their own. They would then enter into an agreement with the Farmer’s Museum who would act as lead agency and be responsible for any additional cost not covered by the Federal Funding.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, authorizing Chairman Breiten to sign the agreement offered by NYS DOT to perform the Preliminary Engineering and Construction and Construction Supervision and Inspection work for a sidewalk to the Farmer’s Museum.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 50)

 

The Board discussed short-term rentals and scheduled a workshop for March 21st at 9:00 AM.

 

Chairman Breiten stated that he will schedule a meeting with the Comprehensive Plan committee, at which time they will draft a Request for Proposal to be sent to various agencies asking for a quote to revise the Town’s current Master Plan.

 

Chairman Breiten stated that Town of Exeter Justice Ralph Suffolk is seriously ill and the Town of Exeter has submitted a resolution authorizing Town of Otsego Justices James Wolff and Dora Cooke to serve as needed on Judge Suffolk’s behalf.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to adopt the proposed resolution authorizing Town of Otsego Justices, Judge Wolff and Judge Cooke, to serve as needed on Judge Suffolk’s behalf.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION DOCKET:  (pg.51)

 

Chairman Breiten received additional information from Computel Consultants, a consulting firm that reviews the Town’s utility accounts and identifies prior and present overcharges.  The Town would agree to pay them a one-time fee of fifty percent (50%) of any and all recovered refunds and/or credits due and payable upon receipt.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, authorizing Chairman Breiten to sign the agreement with Computel Consultants.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

After discussion, it was the consensus of the Board to schedule a Special Meeting for February 15th at 2:00 PM at the Town Building to interview applicants applying for the Zoning Officer position and possibly appoint one of the applicants to the position.  The Board also plans to review draft remodeling plans for the Town Building with engineer Johannes deWaal.  Chairman Breiten and Councilman Tucker will meet at 9:00 AM Monday February 14th to review any zoning permits submitted.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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

 

 

 

                                                                                                            Respectfully Submitted,

                                                                                                            Pamela Deane/Town Clerk