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