A combined Public Hearing and Regular Meeting of the Town Board of the Town of Otsego was held on the 8th day of March, 2006 at the Town Building, Fly Creek, NY at 7:00 PM.

Those present were:

Thomas Breiten Chairman

Orlo Burch Councilman

Ann Geddes-Atwell Councilman

John Schallert Councilman

Meg Kiernan Councilman

Others Present:

Pamela Deane Town Clerk

Bryan Pernat Highway Superintendent

Martin Tillapaugh Town Attorney

Chairman Breiten called the Public Hearing to order. He explained that the purpose of the hearing was to gain public input on allowing alternative septic system structures within 100 feet of Otsego Lake. These would be an exception to the current law, which does not allow any new structure within 100 feet of the lake.

There were no public comments.

MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to close the Public Hearing.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

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

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to accept the February 8^th, 15^th, and 23^rd minutes as presented.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten reviewed with the Board correspondence received since last meeting. Among those were as follow:

A letter from James Simonds. Chairman Breiten stated that Mr. Simonds wanted to let the Board know that former Town Zoning Enforcement Officer Sal Furnari has evicted him and his family out of Furnari’s mobile home park, located in Hartwick Seminary.
A letter from Highway Superintendent Bryan Pernat, asking the Board to appoint Highway employee William Hribar as Deputy Highway Superintendent.
A letter from Cooperstown Country Club, announcing their intent to renew their liquor license.
A bill from the Village of Cooperstown for ambulance service between the Village of Cooperstown and Fly Creek Fire Department for $6,500. Chairman Breiten explained that the Town of Otsego already has an ambulance service contract with the Village of Cooperstown for the entire Town of Otsego. Town Attorney Martin Tillapaugh will contract Village Trustee Glen Hubbell and explain that the Town is already under contact with the Village.
A letter from Otsego Lake Association suggesting three sewer solutions around the lake. The first is that individual homeowners pay for their own septic systems; secondly, provide several large systems to handle a cluster of homes around Otsego Lake, or establish a sewer line that runs down the lake to the sewer waste plant in Cooperstown.
A letter from Bill Michaels, Vice President of the Fly Creek Cider Mill, recommending that the Comprehensive Committee look to the NYS Farmers Direct Marketing Association as a resource for language and guidelines when revising the Town’s Master Plan and Zoning regulations.
Chairman Breiten asked that the minutes reflect that he sent a letter to Highway Superintendent Bryan Pernat, notifying him that NYS Law clearly states that public money cannot be spent on plowing or sanding private driveways, and any further breach of NYS Law will result in the Town Board debating a resolution that will call for his removal from office.

Chairman Breiten opened the floor for comments.

Peter Gencarelli from Christian Hill stated that he has been following changes and larger subdivisions that have been occurring in the Town. His neighbor, James McCormack, has just sold 60-plus acres to a developer who is planning to build 11 new homes. He feels the increase in density changes the rural character in a negative way.

Chairman Breiten stated that there is presently a moratorium on major subdivisions while the Board considers subdivision options to keep the area’s rural character.

Walter Dusenbury from Cemetery Road asked if the Town’s Highway Building site on Cemetery Road has ever had an environmental impact study done, or if DEC has ever done a report on the site.

Chairman Breiten was not aware of either study being done on the site. He went on to say that one was not required.

Mr. Dusenbury stated that he had talked to all the former Town Board members, who all admitted knowing that the neighboring well located north of the site, belonging to Michael Helmer, was polluted.

Chairman Breiten stated that he was not aware of any contaminated wells in the area.

After much discussion it was agreed by the Board that if Mr. Helmer has a problem with his water and feels that it stems from the Town’s highway site, he needs to contact the Board.

Councilman Geddes-Atwell volunteered to research what chemicals are stored on the Highway Garage Cemetery Road site.

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

General Savings: $ 23,916.39 General Checking: $ 20,321.79

Highway Savings: $ 8,814.04 Highway Checking: $ 50,647.73

6 month Certificate of Deposit: $900,000.00 MBIA General: $152,214.10

4 month Certificate of Deposit: $100,000.00 MBIA Hwy: $100,316.21

3 month Certificate of Deposit: $300,000.00

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to accept the financial report as given.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

MOTION by Councilman Geddes-Atwell, seconded by Councilman Schallert, to pay the following invoices:

GENERAL: #43-#66 $ 18,898.57

HWY: #46-#65 $ 47,247.91

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Bryan Pernat gave superintendent of Highway report. Fuel expenses are as follow:

FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.

Gas 160.0 $ 317.12 215.0 $ 416.32

Diesel 1,950.0 $ 4,188.96 3,075.6 $ 6,453.23

Heating 932.7 $ 1,843.28 2,730.6 $ 5,476.88

Svc. $ 143.98 $ 512.36

Watershed Committee report was given by Councilman Kiernan. Amendments to the regulations and procedures have been finalized. The amendments will be sent to Village attorney John Lambert for his review and approval prior to submission to the Board of Trustees for final approval. The first of six demonstration systems has been selected. Two contiguous properties in the Town of Otsego, Silvernail and Pondolfino, will share the new system. The goal is that Middlefield, Otsego and Springfield will each receive two of the testing systems. The status so far is as follow: January 64 letters were sent out to property owners who did not respond to a scheduling letter or a Notice of Violation, or are in various stages of upgrading their systems. Total number of systems that failed (1), New systems installed (8), Design complete (4), Hired and engineer (18), Waiting to hire an engineer (17), and Still no response (4).

MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to accept the reports as given.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Councilman Kiernan reported that she has written an RFP for the Town’s Revaluation that is ready to be sent out to all those listed on the contact list she received from the County.

Councilman Burch reported that he has sent out RFP’s to five different accounting firms and is hopeful to have a recommendation for the April meeting.

Chairman Breiten announced that he has not received a report from the County Planning Board concerning the Memorandum of Agreement (MOA) with the Town of Otsego and the Watershed Committee or the proposed change to the Land Use Law to accommodate the MOA. As a result of this the Board will need to schedule a second Public Hearing before acting on the MOA or proposed Land Use Law change. It was the consensus of the Board to reschedule the Public Hearing for the April meeting.

Chairman Breiten reported that engineer Johannas deWaal was agreeable to amending his payment schedule to match the contractor’s payment schedule.

Town Attorney Martin Tillapaugh explained that Key Bank grieved their assessment about a year ago, asking that it be reduced from $2,000,000.00 to $650,000.00. He felt the most valid way to evaluate this case would be to hire Lee Bookhout to appraise the building and ask the Village to share the expense. He guessed the expense would be approximately $3,000.

After discussion, it was the consensus of the Board to offer to split the cost with the Village up to $1,500 and to also make it clear to the Village that, because the Town is willing to pay half of the appraisal, this is not to be viewed as setting a precedent with future endeavors.

Councilman Burch submitted a Capital Asset Policy proposal, which was reviewed and amended by the Board.

MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell to adopt the Capital Asset Policy as amended.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten addressed the fact that the Highway Superintendent position does not offer health insurance. He argued that it was a full-time position, other Towns offer it, and it may be hard to find anyone interested in running for the position if the future if the Town does not offer it.

Councilman Burch agreed and proposed a resolution for the Board to review. He pointed out that the Board should make a decision before June, when the petitions need to be filed. It was the consensus of the Board to table any further discussion until the April meeting.

MOTION by Councilman Kiernan to schedule a meeting between the highway employees, the Town Board, and CSEA representative Jerry Phalen. (There was no second. Motion died.)

Chairman Breiten cautioned that the Town has already once been charged with “Improper Practice.” He has sent a letter to Mr. Phalen stating that the Board is willing to entertain any other offer the Union would like to propose.

Attorney Tillapaugh reported that Mr. Phalen has approached him and expressed an interest in scheduling a meeting between the Board, himself and the highway employees.

After discussion, it was agreed that Attorney Tillapaugh would contact Mr. Phalen to get a list of possible dates the Board could consider.

Councilman Kiernan proposed a local law banning open burning of garbage, trash, rubbish and debris, which was reviewed by the Board.

MOTION by Councilman Kiernan, seconded by Chairman Breiten, to schedule a public hearing at the April meeting.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

MOTION by Councilman Burch, seconded by Councilman Kiernan, to endorse a white goods day.

MOTION CARRIED: Chairman Breiten, Councilman Schallert, Councilman Burch, Councilman Kiernan voted yes. Councilman Geddes-Atwell voted no.

Councilman Kiernan agreed to research whether or not it could be held at the MOSA site and how much expense the event would cost the Town.

MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to adjourn to Executive Session for the purpose of discussing personnel issues.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

MOTION by Councilman Schallert, seconded by Councilman Geddes-Atwell, to hire Michael Miller to the Zoning Enforcement Officer position if the other applicant is not interested.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

MOTION by Councilman Kiernan, to adjourn.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

The next regular meeting will be April 12^th at 7:00 PM at the Town Building in Fly Creek.

Meeting ended at 10:30 PM.

Respectfully Submitted,

Pamela Deane

Town Clerk