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

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Those present were:

Thomas Breiten            Chairman

George Tucker Councilman

Nancy Iversen              Councilman

Leslie Weir                   Councilman

Bill Michaels                 Councilman

 

Others Present:

Pamela Deane               Town Clerk

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 Weir, seconded by Councilman Tucker, to accept the minutes of February 9th, February 15th, and March 8th as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence he received since last meeting:

 

  • a letter of complaint the Fly Creek Fire Department sent to Mr. and Mrs. Kantor, owners of Portabello’s restaurant. The letter addressed such issues as placement of snow removal, cleaning up after their dog, and customers continuing to park on the Fire Hall grounds.
  • a letter from Nancy Chandler, a resident of Willow Avenue, asking why the Town Highway Department has suddenly stopped plowing her road after 35 years. 
  • a letter from attorney Lester Sittler, stating that he has researched the issues surrounding Willow Avenue and has found that the Town owns past Butler’s and Ross’s property, stopping at the Chandler property. The letter asserts that the Town of Otsego has continuously maintained this entire stretch of roadway since the 1960’s.  It is his belief that the Town owns the entire roadway, and without question the Town of Otsego has an obligation to continue maintaining Willow Avenue throughout its entire length to the Chandler property.  Chairman Breiten will pass this information to Town Attorney McGown as soon as she returns from vacation.
  • a letter of notification that Black Ash Holdings / Sam Smith’s Boatyard have applied for a liquor license renewal.  The Board had no objection.
  • a letter from attorneys Bond, Schorneck & King, PLLC addressing questions posed to them by Chairman Breiten concerning short-term rentals. It was their suggestion that the Town adopt a local law requiring anyone who leases property within the town for a term not exceeding thirty (30) days to obtain a license before assembling five (5) or more people who are not family, at the property for a period of one hour or more.  (The number of days and the number of persons is the Town’s choice)  The license could be issued by the Zoning Enforcement Officer within 48 hours after receiving the application.  The Zoning Enforcement Officer could then review the impacts of the assemblage on off-street parking, noise, exterior lighting, building capacity, and septic systems.  Such a law is allowed under both the NYS Municipal Home Rule Law and the NYS Town Law, which permit a town to preserve the public peace, prevent unreasonably loud or disturbing noises, prevent disorderly or noisy conduct, and establish responsibilities and duties of owners, operators, agents and occupants of dwellings and dwelling units.
  • correspondence from the Association of Towns, asking the Board to pass a resolution appealing to NYS Public Officials to implement new measures for financing public education.  It was the consensus of the Board to table adopting such a resolution at this time.
  • Chairman Breiten stated that the Town Clerk has responded to Lawrence Pelofski’s Freedom of Information request for all notes and information collected by the short-term rental committee.

 

Chairman Breiten opened the floor for comments.

 

Jim Atwell of Fly Creek expressed his disappointment in the Fly Creek Fire Department’s action, reprimanding Mr. and Mrs. Kantor on allegations made by a disgruntled former Portabello’s employee without exploring them further.

 

Fly Creek Fire Commissioner Pat Rhyde stated that she is spearheading a committee of Fly Creek residents to look into the placement of a Community Sign.  She asked if the Town had any regulations that she needed to be aware of.  Chairman Breiten informed her that the Town does have sign regulations and the new Zoning Enforcement Officer, Sal Furnari, would be able to help her with any questions she or the committee may have.

 

Financial report was given by Chairman Breiten.   Balances are as follow in the various accounts:

 

General Savings:    $  44,298.13           General Checking:   $  29,086.34

            Highway Savings:  $  60,015.53        Highway Checking:  $  33,405.78

            6 month CD:  $1,100,000.00

            3 month CD:  $   200,000.00

 

MOTION by Councilman Tucker, seconded by Councilman Weir, 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 #49-#69                                              $20,244.57

            HWY    #51-#66                                             $45,798.65

 

Councilman Michaels questioned the highway fuel bills and cell phone options.  Spike stated that the Board accepted the fluctuating fuel price, and that Cellular One does offer a flat yearly rate plan, but he has not had a chance to switch the existing plan over.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reported holding last month two checks designated for the Town registrars. The Town Board appointed the Cooperstown Village Clerk and Deputy Town of Otsego Registrars. He has been working with the Village attorney, John Lambert, to draft an agreement, which states that the Town of Otsego will give the Village of Cooperstown money to pay the Village Clerk and Deputy, which is to be divided equally and not kept by the Village of Cooperstown. There is disagreement with some Village Officials who believe the money should go to the Village, and not to the Village Clerk and Deputy, because they are handling Town birth and death certificate requests on Village time. Chairman Breiten will mail the registrar the checks once this issue is resolved.

 

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

 

FUEL               GALLONS                  EXP/MONTH                         YTD GALS                 YTD EXP.

Gas                     285.0                        $   443.20                                      514.0                       $     738.61

Diesel               1,523.0                        $2,520.86                                   3,946.5                        $ 6,247.10

Heating 1,381.9                        $2,120.92                                   3,748.5                        $ 5,696.78

Svc.                   -0-                                   365.84                                                                       $    365.84

 

Spike submitted a Snow and Ice Agreement with Otsego County, which was reviewed by the Board.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, authorizing Chairman Breiten to sign the Snow and Ice Agreement.

 

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

 

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.

 

Planning Board Chairman Jonathan Bass reported that he has arranged for the Army Corps. of Engineers to give a presentation at the Town Building on March 24th at 7:00 PM.  The Board was invited to attend.  Jonathan further stated that four Planning Board members have expressed an interest in attending the Rural Leadership conference in Herkimer.  There will be speakers addressing rural issues, wind power, the scenic by-way and town planning. There is a $20.00 charge for the conference.  It was the consensus of the Board to pay the admission fee for all Board members wanting to attend.

 

Jonathan reported that, in the absence of a Zoning Officer, Planning Board members John Stucin and Paul Lord have been reviewing applications.

 

Jonathan stated that the Planning Board has been working on Land Use Law revisions addressing commercial storage facilities and clarifications to the Zoning Map. 

 

Councilman Michaels requested that the Planning Board also consider revising the square footage for Adult Home Facilities in this round of revisions.

 

Jonathan promised he would try to have the revisions ready for the Town Board’s April meeting.

 

Watershed report was given by Councilman Iversen.  The committee is in the process of putting together a homeowner’s guide explaining steps and responsibilities someone in the watershed district needs to take concerning their septic systems.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the Department reports.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Jim Atwell stated that the Fly Creek Area Historical Society passed a resolution appointing them as lead agency to pursue the goal of establishing a Fly Creek Historic District and securing listing of the district on the NYS National Registry of Historic Places. Jim asked the Board’s support in this effort.

 

Town Historian Tom Heitz explained that property owners in a historic district have complete freedom to do what they want with their property.  He further stated that the hamlet of Fly Creek has lost a lot of amenities it originally had, for one a well-groomed private park with a pond.  He is hopeful that by establishing a Historic District, people would be encouraged to get back to that appearance as much as possible and maintain historic buildings.  NYS D.O.T., on the other hand, would find it difficult to widen State Highway 28 through the Fly Creek Hamlet if it were designated a Historic District.  Another advantage is grant money is plentiful for those located in an historic district.

 

Jim Atwell stated that the Fly Creek Area Historical Society is planning on applying to the Preservation League for a grant to hire a consultant that would help them designate the historic district and get the listing of the district on the NYS National Registry of Historic Places.  The grant would pay more than half and the application would have more credibility if the local municipality supports it.

 

Councilman Iversen expressed concerns with the problems the Board might face making additions or renovations to the Town Building if they are chosen to be in the historical district.

 

Tom Heitz explained that the consultant would recommend where the lines are drawn in the Historic District based on standards set by NYS law and regulations set for these nominations.  The public and individual owners will be able to participate during this process. The consultant may recommend drawing the historic district line around buildings in the district not considered historic such as the Town Buildings.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to support the Fly Creek Area Historical Society in their efforts in establishing a Fly Creek Historic District and securing listing of the district on the National Registry of Historic Places.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 52)

 

Chairman Breiten presented two final draft renovation plans for the Town Building, which were reviewed by the Board.  After much discussion, it was decided that plan II had the most flexibility and options and would ultimately meet the Town’s needs. It was further decided to ask engineer Johannes deWaal to get an estimated price on renovations for plan II, breaking it down into stages.

 

Chairman Breiten gave a brief update concerning the reconfiguration of Linden Avenue.  The Request for Proposals (RFP) is ready to be sent out. One of the challenges is deciding what to do with the Little League field, which is in the center of everything.

 

Chairman Breiten stated that after the Board authorized him last month to sign the proposed resolution presented by NYS D.O.T., outlining the payment schedule of installing a sidewalk in front of the Farmers’ Museum along State Highway 80, he found several problems with the resolution.  After discussion, it was the decision of the Board to forward the proposed resolution to Attorney Margaret McGown for review.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to rescind the Motion authorizing Chairman Breiten to sign the agreement offered by NYS D.O.T.  to perform the Preliminary Engineering and Constructions and Construction Supervision and Inspection work for a sidewalk to the Farmer’s Museum made on February 9th. (Motion and Resolution found on pg 228 of the Minute Docket)

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten submitted a nine (9) page Request for Proposal (RFP) for a Town Comprehensive Plan revision.  The Comprehensive Plan Committee consists of two (2) Town Board members (Chairman Breiten and Councilman Iversen), two (2) Planning Board members, (Chairman Jonathan Bass and one Planning Board member)  two (2) ZBA members (Chairman Tony Scalici and one ZBA member), and four (4) Town residents (Anita Weber, Jim Atwell, Gary Goodwin and Bill Kitchen).  Chairman Breiten hoped to see established focus groups that would study economic/business development, historic/cultural preservation, natural resources/environmental issues, housing, transportation/infrastructure, agriculture/farmland, parks/recreation, and government.

 

After discussion, it was decided that the Town Board would meet to discuss the weekly rentals on March 29th at 9:00 AM.

 

Chairman Breiten instructed the Board to review the proposed RFP and submit any suggested changes to him before March 29th.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the focus group and committees as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Town Clerk Pam Deane requested permission to dispose of outdated records in accordance to the NYS

Record Retention Schedule under Sections 58-59, 662, 10 between the years 1987-2004.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, honoring Town Clerk Pam Deane’s request.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The next regular meeting will be April 13th at 7:00 PM at the Town Building in Fly Creek.

 

Meeting ended at 9:30 PM

 

                                                                                                                        Respectfully submitted,

 

                                                                                                                        Pamela Deane/Town Clerk