The regular meeting of the Town Board of the Town of Otsego was held on the 12th day of January 2005SarahTown Clerk61702008-02-21T15:54:00Z2008-02-19T17:45:00Z2008-02-21T16:16:00Z4212014154108OpenOffice.org/2.3$Win32 OpenOffice.org_project/680m5$Build-9221 A Public Hearing and Regular Meeting of the Town Board of the Town of Otsego were held on the 13th day of February at the Town Building, Fly Creek, and NY at 7:00 PM. Those present were:Thomas BreitenChairmanAnne Geddes-AtwellCouncilpersonJohn SchallertCouncilpersonMeg KiernanCouncilpersonBill MichaelsCouncilpersonOthers Present:Pamela Deane Town ClerkShawn MulliganHighway SuperintendentMartin TillapaughTown AttorneyChairman Breiten called the Public Hearing for the proposed Comprehensive Plan to order.Chairman Breiten read the following correspondence concerning the proposed plan:A letter from Pierstown resident Nancy Iversen asking the Board to support the Comprehensive Plan before it’s eroded into a meaningless document allowing any and all development without thought for the future. She feels State Highways 205, 80 and 26 north of Fly Creek need to be protected from being developed piecemeal into the ugly, suburban sprawl seen south of the Village of Cooperstown.A letter from Karen Dunlap stating that she is in favor of the goals stated in the Comprehensive Plan preserving the rural character and open spaces.A letter from Pierstown resident Vivian Clark urging the Board to modify the current subdivision regulations for Pierstown and to guarantee water sufficiency for residents.A letter from Pierstown residents Cynthia and Nicholas Theodore stating that as once residents of Orange County they have seen first hand what out of control development can do. Preservation must be a goal for the master plan. Not just for the Cooperstown/Pierstown areas but for all of Otsego. The NYS Farm Preservation Fund has done wonders downstate. It’s the best way for the landowners and their families to stay on their land, be paid for it and keep their property out of the hands of developers.Chairman Breiten opened the floor for comments.Carl Wenner stated that he would like to see the proposed Comprehensive Plan voted down. He doesn’t think the Town should use its legal authority to impose restrictions on people. It is his belief there is an underlying agenda of wanting the town to look a certain way. He fears the plan will be used to justify taking away more landowners rights.Susan Birdsall owns 120 acres in Pierstown that she’s placed in a conservation easement. She is in favor of the proposed plan and would like the rural character in the Town preserved. People need to consider each other’s rights, not just their own.Jonathan Bass stated that as one of the Comprehensive Plan committee members he thinks it is time for the Town Board to stop putting off voting on the proposed plan. He pointed out that the plan does not talk about any specific regulation changes. It’s only meant to be a five/ten year plan. All the neighboring Towns are in the process of adopting a new Comprehensive Plan.MOTION by Councilperson Michaels, seconded by Councilperson Geddes-Atwell, to close the Public Hearing.MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.Chairman Breiten called the meeting to order and asked all those in attendance to please rise for the pledge of allegiance.MOTION by Councilperson Michaels, seconded by Councilperson Kiernan, to accept the minutes of January 9th and 17th, as presented.MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.Chairman Breiten read correspondence received since last meeting.A letter from Attorneys Schlather & Birch advising the Board that the Harmony House Café in Fly Creek has applied for a NYS Liquor License to sell beer and wine on the premises. The Board had no objections.A letter from Michael Moffat President of the Blue Mingo Grill, notifying the Board of his intent to renew his NYS seasonal liquor license for 2008 season. The Board had no objections.A letter from Charlotte Hall stating that she is not in favor of the proposed sewer district. Many people from five to six mile point have updated their systems, just in the past year. She feels a sewer district would only encourage more development around Otsego Lake. She hopes future proposals will be made public and not public just in the middle of the winter when most lake residents are absent.A letter from County Representative James Johnson asking the Board for a financial commitment of $5,000 to help fund an engineering study showing, if any, the benefit of repairing the dam and dredging the sandbar at Canadarago Lake. Johnson explained that similar requests were also being made to the Towns of Richfield Springs and Exeter and that if any funding for this project were to come from other sources the Towns would be reimbursed. After a short discussion it was the consensus of the Board to request more information from Mr. Johnson.Chairman Breiten opened the floor for comments.Joe Potrikus complimented Highway Superintendent Shawn Mulligan on the great job the highway crew has done on town roads this winter. Sheila Ross complimented the highway crew as well. Chairman Breiten stated that he had received a letter from Adrian Kosminski stating how pleased he was with the way the roads were being kept.Republican Deputy Commissioner Sheila Ross complained that the part of the building where the restrooms are located was not unlocked the day of the Primary. Also, the Town Clerk was left a message the day of the Primary to have the Town Building unlocked the next day at 8:00AM so one of the voting machines could be cranked down and ready for transport to another facility. She failed to do so. Ross suggested that the Town Clerk have a deputy.Chairman Breiten stated that he was concerned that only the Board members were notified by E-mail of this complaint but not the Town Clerk.The Town Clerk explained that she was notified to have the building unlocked on January 31st, February 1st and Primary Day February 5th which she did in spite of the poor road conditions two of those days. February 6th she also was notified to have the building unlocked at 9:30AM on February 6th. Apparently there was a change in plans and the Board of Elections left a message on her office answering machine the day before but she did not receive the message until after the fact. Highway Superintendent Shawn Mulligan admitted that he was asked to unlock the portion of the building where the restrooms are located at 11:30 AM but forgot. He did have it unlocked however by 12:00 noon when the primary started. Paul Lord wanted to address some learning points taken from the whole Comprehensive Planning Committee experience. He felt there was some miscommunication between the Town Board and the committee when drafting the plan. Lord strongly suggested that the Town Board work more closely with the different committees that will need to be formed to implement the Comprehensive Plan into the Land Use Law. A budget should also be established so the committees do not have to go back to the Town Board each time asking for money.Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:General Savings: $ 132,954.27Highway Savings: $ 502,633.47General Checking: $ 48,071.77Hwy Checking: $ 42,281.49MBIA Gen: $ 528,871.02MBIA Hwy: $ 962,431.94MBIA Equipment Fund: $ 52,379.53Chairman Breiten made the Supervisor year-end report available for the Town Board to review and to make any necessary adjustment to. Chairman Breiten reported investing one million dollars in a 1 year CD, scheduled to term 2/2/09 at 3.2%.MOTION by Councilperson Michaels, seconded by Councilperson Kiernan, to accept the financial report as given.MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.MOTION by Councilperson Kiernan, seconded by Councilperson Schallert, to pay the following invoices and make the necessary transfers.GENERAL:#21-#47$34,027.38 HWY:#329-#352$52,573.51MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.Highway Superintendent Shawn Mulligan read the Highway Superintendents report. Fuel expenses are as follow:FUELGALLONSTOTAL COST/MONTHYTD GALSYTD EXP.Gas 252.0 $ 688.46 252.0 $ 688.46Diesel 3,992.8 $12,191.35 3,992.8 $ 12,191.35Heating 1,494.7 $ 4,328.92 2,080.8 $ 5,441.26Svc. $ -0- $ -0-Mulligan presented for the Boards review, the bid results for the Stone House and Allison Road Bridges:NAMEStone House Allison IF AWARDEDBridge Bridge BOTH_____________________________________________________________________________________1. D.H. Smith$245,139.78$ 70,363.20$305,502.982. J.N. Giammarino$268,593.00$ 63,030.00$315,000.003. Steven Miller$272,371.50$ 71,311.50$341,583.004. Vacri Construction$283,000.00$102,000.00$380,000.005. Tioga$319,972.00$ 95,650.00$401,622.006. Wm. J. Keller$337,900.00$ 81,000.00$418,900.007. Cobleskill Stone$363,285.75$ 75,463.75$438,749.508. Tweedie$341,027.00$125,439.50$466,466.509. Slate Hill$379,722.00$ 97,870.00$470,592.0010 Gorick Construction$393,044.00$111,333.00$499,377.0011. Delaney$423,324.00$149,565.00$569,000.00LOW BID:D.H. SMITH$245,139.78$70,363.20$305,502.98 - $10,000.00 discount $60,363.20Chairman Breiten read a letter from Spectra Engineering recommending, after reviewing all 11 bids, that the Board award the bid to D.H. Smith Company, Inc.MOTION by Councilperson Kiernan, seconded by Councilperson Schallert, authorizing Mulligan to sign the contract agreement with the lowest bidder of the Stone House and Allison Road Bridge project, D.H. Smith Construction, after Town Attorney Tillapaugh has reviewed the contract.MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.Mulligan submitted the Agreement of Expenditure of Highway Monies for the Board to review. MOTION by Councilperson Michaels, seconded by Councilperson Kiernan, to accept the Agreement of Expenditure of Highway Monies as presented.MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.Mulligan reported that repair costs to the Fork Shop Bridge abutments were approximately $10,000.00. Repairs to Bissell Road, caused by erosion totaled approximately $2,000. Both will be reimbursed by SEMA and FEMA.The Zoning Enforcement Officer report was given by John Stucin. The following permits were issued since last month:Site Plan Review: 2 Major Subdivisions: 2 Land Use Permits: 2 Firework Permit: 1Special Permit: 1Dog Control Officer Tom Steele reported receiving 3 calls since last month’s meeting. Town Attorney Martin Tillapaugh reported that he and Councilperson Kiernan have been negotiating to purchase a 2 acre easement that will permit the placement of underground leach fields for the proposed sewer district with Marie Green owner of the Hickory Grove and owners of the Manchurian property. The lowest offer was made by Green which was $50,000.00, contingent that the district gets approved plus an additional $5,000.00 to connect the Hickory Grove to the system. The soil at the Hickory Grove was also more suitable. Manchurian offered $56,000.00. Tillapaugh has drafted a contract for the easement agreement which is currently being reviewed by Green’s attorney. Councilperson Michaels reported that he, Councilperson Schallert, and Highway Superintendent Shawn Mulligan, meet and assessed the highway buildings, inventory and sites. They propose that a 40’ x 130’ addition be placed on the north side of the existing Cemetery Road Highway Building. The plan would also include work area, storage, break room, office, well and septic. They plan to schedule a meeting with engineers John McManus and Johannes deWaal. Chairman Breiten felt that there was $200,000.00 available in the budget to start the project.Councilperson Kiernan reported that the highway employees were satisfied with their pay raises. She and Attorney Tillapaugh are working to satisfy them with their health insurance issues.Councilperson Geddes-Atwell reported that the Comprehensive Plan has been put on the Town’s website.MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to accept reports as given.MOTION CARRIED: Chairman Breiten and all Councilpersons’s voted aye.The Board briefly discussed the proposed Comprehensive Plan.MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to adopt the Comprehensive Plan, with a minor amendment change.MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.Attorney Tillapaugh reported that an Intermunicipal Agreement in now being challenged in White Plains. He is waiting to see the outcome. The Association of Towns thinks the agreement is valid.Chairman Breiten introduced Tim Powers from Cornerstone Telephone Company and Wayne Armstrong from Otsego Telephone. Both gave a presentation and quoted prices on a new phone system. Powers proposed a Samsung 7100 digital phone system. Cost is $3,438.00 installed. Armstrong proposed and demonstrated a Panasonic TDA 50 digital phone system. Cost is $4,138.00 installed. The Board thanked both gentlemen for their time and consideration. It was the consensus of the Board to table voting on a system until next meeting.Town Board members each reported on their assigned audits with each department. All departments received a satisfactory rating. Councilperson Geddes-Atwell added that she would like to see a better system in keeping the Towns inventory more current and accurate. MOTION by Councilperson Kiernan to adjourn.MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.Meeting ended at 10:00PM.The next regular meeting will be March 12, 2008 at 7:00PM at the Town Building in Fly Creek.Respectfully submitted,Pamela DeaneTown Clerk