The Public Hearing and regular Meeting of the Town Board of the Town of Otsego was held on the 7th day of April, 2004 at the Town Building, Fly Creek, NY at 7:00 PM.

           

            PRESENT:

            Tom Breiten                             Chairman

            George Tucker             Councilman

            Bill Michaels                             Councilman

            Nancy Iversen                          Councilman

            Leslie Weir                               Councilman

 

            ALSO PRESENT:

            Pam Deane                               Town Clerk

            Louie (Spike) Boyd                  Highway Superintendent

            Margaret McGown                   Town Attorney

                                               

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

 

Chairman Breiten explained that this hearing for Local Law #1 was called to solicit public input on whether the Town should continue employing its own Building Code Enforcer, or turn this responsibility over to the County.

 

Chairman Breiten read a letter from James Wolff pointing out the County’s fees for enforcing the Building and Fire Code regulations are 100 - 200% higher than the Town of Otsego’s.  He suggested that, rather than contracting with the County, which is already short on manpower, the Board should search for a new Town enforcer willing to work at a lower rate of pay and without the various fringe benefits that have been bestowed on the current enforcement officer.   At the same time the Board should raise the fees charged by our Town to a more reasonable level.

 

Shane Faurot, a Fly Creek resident, warned “You get what you pay for”.

 

MOTION by Councilman Michaels, seconded by Councilman Weir, to close the Public Hearing.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten called the regular meeting to order.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the minutes of March 10th, March 23rd, and March 25th as presented.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence he received since March. Among it was a letter from DEC, stating that Frank Kukenberger has filed a gravel mining permit renewal application with their office.  The gravel mine is located on County Highway 26 in Fly Creek.  DEC states that under Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, the Town has 30 days from the date of their letter to assume the position of lead agency. If no response is received within 30 days, DEC will assume that the Town of Otsego has no interest in being lead agency.

 

It was the consensus of the Board that they had no objections to DEC being lead agency.

 

Chairman Breiten read letters from Doubleday Cafe and the Fly Creek Cider Mill, notifying the Town Board of their intent to renew their liquor and wine licenses.  The Board had no objections.

 

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

            GENERAL:      #101-#122                               $  19,737.81

            HWY:              #  77-#104                               $  44,355.87

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

 

 

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

            General Savings:  $376,510.98                         General Checking:  $ 34,551.73

            Hwy Savings:       $594,536.42                         Hwy Checking:       $ 68,588.32

 

MOTION by Councilman Tucker, seconded by Councilman  Iversen, to accept the Financial Report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Louie (Spike) Boyd gave the Superintendent of Highway report.  Fuel expenses are as follow:

 

FUEL               GALLONS      TOTAL COST/MONTH         YTD GALS              YTD EXP.

Gas                          69.7                        $         85.73                   444.7                 $        546.04

Diesel                 1,019.9                         $    1,234.15               6,287.4                  $     7,574.96

Heating   1,463.7                         $    1,597.26               6,227.3                  $     7,382.84

Svc.                     -0-                              $    1,406.84                                            $    2,867.27

 

O.T.                    33 HRS                        $       684.27           514.5 HRS                 $   10,642.37

 

Spike submitted a Memorandum of Understanding Agreement for 2004 which was reviewed by the Board. The Board authorized Chairman Breiten to sign the agreement.

 

Spike submitted a letter from Thomas Lane, Regional Spill Investigator at DEC.  The letter states that no detectable petroleum contamination was found in the water samples taken from the monitoring  wells at the highway garage site.  They have decided that no additional remediation or monitoring is required.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to accept the Superintendent of Highway report.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten presented each Board member a copy of the County Fire and Building Code Enforcement Contract.  The Board carefully reviewed and discussed the contract.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to adopt Local Law #1 Waiving Local Responsibility for the Administration and Enforcement of the NYS Uniform Fire Prevention and Building Code effective on January 1, 1984.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket PG #34)

 

MOTION by Councilman Tucker, seconded by Councilman Michaels, authorizing Chairman Breiten to sign the County Fire and Building Code Enforcement Contract, once Town Attorney McGown has revised the contract to read that either party can cancel anytime with 60 days’ notice.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

After discussion, it was decided that the Board would hold a Special Meeting on April 23rd at 6:00 PM to interview Zoning Officer applicants and review submitted building permit applications.

 

Chairman Breiten reported that the Village of Cooperstown is frustrated with Ridgeway Associates and is contemplating terminating the re-valuation contract.  The Board discussed their options, and it was agreed that Chairman Breiten would mail out more RFP’s (request for proposals).

 

Chairman Breiten during his progress report on the Comprehensive Plan he stated that the neighborhood meetings seem to be well-received and productive.  It is interesting to note that people’s ideals for the Town’s future have changed little from the time the existing Master Plan was written.  In the end, the committee may recommend that only a few modifications be made to the existing Master Plan, rather than a complete re-write.

 

 

The Board discussed the need for Town policy on short-term home rentals. The Board is receiving complaints from residents about neighbors renting their one-family homes to two or more families.  People have septic concerns along with parking and noise issues.   A Committee was formed, with Councilman Iversen and two Planning Board members, which will tentatively meet May 3rd to discuss this issue and draft a policy proposal for the Town Board to review at its May meeting.

 

Chairman Breiten asked Board members if they felt it necessary to bid the Town’s insurance this year.  The policy comes due in May.  It was the consensus of the Board to remain with Mang Insurance for another year.

 

Councilman Iversen requested that the Board please reconsider contributing $200 toward maintaining the buoy markers on Otsego Lake.  She feels strongly that they are important to protecting the lake’s shoreline.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to pay $200 to Otsego Lake Association toward buoy maintenance.

 

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

 

Councilman Michaels submitted a proposed Meeting Policy, which stated that Town meetings would automatically be canceled in the event Cooperstown School District is closed due to weather.  All Town meetings will be rescheduled for the same day and time the following week.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to adopt said Meeting Policy.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Book #35)

 

Chairman Breiten reported that only one proposal was submitted for the Town Highway Garage evaluation.  The cost proposed was $10,000.  The Board felt that $10,000 was excessive.  Chairman Breiten will send out more requests for proposals.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to go into Executive Session to discuss contract negotiations and personnel issues.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

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

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten stated that, while the Board was in Executive Session, no decisions were made.

 

Attorney McGown stated that Code Officer Ed Olsen wrongfully issued a copy change sign permit to Daniels Brothers.  The Board authorized Attorney McGown to send a letter to Daniels Brothers, asking that their copy change sign be removed.

 

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

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

The meeting was adjourned at 10:05 PM.

 

The next regular meeting will be held on May 12th, 2004 at 7:00 PM at the Town Building in Fly Creek.

                                                                                                           

                                                                                                            Respectfully Submitted

                                                                                                            Pamela Deane, Town Clerk

 

 

 

 


A Special Meeting of the Town Board of the Town of Otsego was held on the 23rd day of April, 2004 at the Town Building, Fly Creek, NY at 6:00 PM.

           

            PRESENT:

            Tom Breiten                             Chairman

            George Tucker             Councilman

            Bill Michaels                             Councilman

            Nancy Iversen                          Councilman

            Leslie Weir                               Councilman

 

            ALSO PRESENT:

            Pam Deane                               Town Clerk

                                                           

Chairman Breiten called the meeting to order. 

 

The Board moved to the courtroom and interviewed Mark Owen from Unadilla for the Zoning Officer position.

 

The Board reconvened at the Boardroom table and reviewed Ken and Joan Hotaling’s zoning application. Satisfied that their proposed renovation work complies with the Land Use Law regulations, the Board authorized Chairman Breiten to sign the permit for approval.

 

The Board next reviewed Tabetha Rathbone’s zoning permit application for a one-story modular home on Wiley Town Road.  Satisfied that the project meets all the set-backs and requirements of the Land Use Law, the Board authorized Chairman Breiten to sign the permit for approval.

 

Michael Chase of  Hartwick approached the Board and stated that he has reconsidered and would like to withdraw his Zoning Officer application. 

 

Planning Board Chairman Jonathan Bass submitted proposed changes to the Land Use Law, which were discussed by the Board.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to schedule a Public Hearing for May

12th at 7:00 PM.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reported that Portabello’s restaurant filed an appeal in the Appellate Court asking that the Supreme Court’s decision be overturned.  Attorney Ellen Coccoma filed a brief on the Town’s behalf asking that the order of the Supreme Court be affirmed. The Town is still awaiting the Appellate Court’s decision.

 

The Board talked briefly about setting a Zoning Application Fee.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to set the Zoning Application Fee at $25.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Planning Board Chairman Jonathan Bass stated that Planning Board member Eric Lindroth has verbally resigned.

 

The Board members discussed past applicants already interviewed.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to appoint Donna Borgstrom  to fill out Eric Lindroth’s Planning Board term (12/31/2009).

 

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

 

After some discussion, it was the Board’s decision to re-advertise the Zoning Officer’s position.

 

MOTION by Chairman Breiten, seconded by Councilman Iversen, authorizing Councilman Tucker and Chairman Breiten to act as the Town’s Zoning Officers, reviewing zoning permit applications and helping applicants through the Site Plan Review or Zoning Board of Appeals process.

 

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.

 

 

                                                                                                Respectfully Submitted,

 

 

                                                                                                Pamela Deane

                                                                                                Town Clerk