The Regular Monthly Meeting of the Town Board of the Town of Otsego was held on the 13th day of April, 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

Margaret McGown       Town Attorney

Louie Boyd                   Highway Superintendent

 

Chairman Breiten called the meeting to order and asked everyone in attendance to pledge allegiance to the American flag.

 

Chairman Breiten asked for a Motion to approve the minutes of March 9th, March 29th and April 5th as given.

 

Councilman Michaels questioned the Snow and Ice Agreement which was passed at the March 9th meeting.  He wanted to know the effective date of the agreement.

 

Highway Superintendent Spike Boyd stated that the agreement was for 2006 and 2007.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the minutes of

March 9th, March 29th, and April 5th minutes as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence he received since last meeting.

 

  • Letters of notification of liquor license renewals from the Doubleday Café, Inc., Cooperstown Country Club, Inc., and the Fly Creek Cider Mill.  The Board had no objections.
  • A copy of Transient Quest Accommodation to Support Tourism from the Village of Cooperstown. Councilman Breiten noted it might prove to be helpful information while drafting the short-term rental law for the Town of Otsego. 
  • Letters from Ann Geddas-Atwell, Polly Renkens and John Phillips, all expressing their ideas and opinions concerning short-term rentals, and whether or not a law governing them is needed.  Chairman Breiten announced that he would read them during the short-term rentals Public Hearing.
  • A reimbursement check in the amount of $2,353.00 from N.Y.S. D.O.T. for engineering fees on the Main Street Bridge.  Chairman Breiten quickly pointed out to the State that h estimated their reimbursement check to be about $33,000 short.  The State will research Chairman Breiten’s claim and hopes to have an answer by June.
  • A copy of the letter sent from NYS Department of Health to Mr. and Mrs. Matthew Curpier; owners of the Hickory Grove Inn, stating that it appears they are in violation of operating a Temporary Residence facility without a permit and could be subject to monetary fines up to $2,000 per violation.
  • A letter from the Office of the State Comptroller’s Office which states that on December 15, 2004 the Governor signed into law (Chapter 740) repealing the change in vehicle and traffic fine distribution that had been enacted as part of the 2004 budget bills.  With this repeal, the basis of distribution between local governments and the State has been restored to the method in place prior to August 20, 2004.
  • A letter from Helen Davis asking the Board to consider giving the Senior Citizens group financial support when drafting the 2006 budget.
  • A letter from Richard Steele, stating that he would like to withdraw his Land Use Law application permit, and asking the Town to reimburse his $25.00 application fee.
  • A letter from Lawrence Pelofski stating that he has reviewed the opinion letter from H. Dean Heberlig, Jr. concerning the issue of short-term rentals, and noting that there is no signature page.  He asks if there are other pages and where can they be reviewed.

 

Chairman Breiten opened the floor for comments.

 

Jim Wolff stated that, on behalf of the Cemetery Association, he has spoken to Spike about trimming the maple trees in the Town’s right-of-way and smoothing up the entrances.  Spike conveyed to him that he had enough money in his budget to honor the Cemetery Association’s request.  The Board had no objections.

 

Bill Bowers, resident of Keating Rd., stated that he attended April’s Planning Board meeting whereby the members were in disagreement as to the intent and meaning of “Service Trade Establishment” as defined by the Town’s Land Use Law.

 

Chairman Breiten explained that anyone may appeal to the Zoning Board of Appeals for an interpretation.  Attorney McGown stated that the Board should include clarifying the definition for Service Trade Establishment in the next round of revisions.

 

George Chandler of Willow Ave. informed the Board that the letter mentioned in the March minutes from the Fire Department was not from the Fire Department but from the Fire Commissioners. 

 

Jim Atwell of Cemetery Rd. wanted to call to the Board’s attention that legislation is being considered mandating cemeteries to be open all winter. Mr. Atwell stated that, if cemeteries were forced to extend employment through the winter, many will go bankrupt.  In closing he agreed to draft a proposed resolution for the Board’s review next month supporting cemeteries to remain closed throughout the winter.

 

Town Historian Tom Heitz reported that there is evidence that Isaac M. Singer at the age of 20 spent six or seven weeks in Fly Creek.  He came across an ad in the June 10, 1833 edition of the Freemans Journal which stated:  “WANTED, THREE MEN, at the Machine making business, at the shop of Geo. W. Potter, on Oaks Creek, one mile south of Fly Creek Village.  ISAAC. M. SINGER.”

The Board found this most interesting.

 

George Hymas, a resident of Pierstown, stated that he and his neighbors feel that allowing transient rentals would bring unwelcome change and increase traffic.  He and his neighbors feel that we live in a unique quiet and still area and would like to see that, along with their right to privacy, preserved.

 

Attorney McGown reported that she has received notification from the State that NYSEG has withdrawn their lawsuit against the Town of Otsego Board of Assessment.  She suspects that they will refile once the Town’s revaluation is completed.

 

She has also been in contact with County Attorney James Konstanty and Mitch Miller from the NYS Comptroller’s Office, discussing the Towns involvement in financing a water and sewer district at Otsego Manor as proposed by Konstanty.  Miller agreed with McGown that the County was not a proper petitioner because they are not taxable in the sense the statute requires.

 

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

General Savings:    $ 44,635.22            General Checking:    $ 12,022.72

            Highway Savings:  $ 40,374.40             Highway Checking:  $ 24,319.53

            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 Michaels, seconded by Councilman Iversen, to pay the following invoices:    

 

            General #71-#102                                            $29,815.61

            HWY    #72-#  98                                           $53,539.92

 

Councilman Michaels questioned Chairman Breiten’s voucher to New York City.  He replied that he attended the Association of Towns Conference.

Councilman Michaels questioned deWaal Engineering bill.  Chairman Breiten explained that it was for the completion of phase I of the Town Building renovation plans.

Councilman Michaels questioned a bill from Pittsfield Veterinary for the cremation of two dead dogs.  Town Clerk Pam Deane explained that, according to Dog Control Officer Wolfgang Merk, an individual had shot two dogs caught killing his chickens.  A police report was filed and he delivered the dead dogs to Pittsfield Veterinary for cremation.

Councilman Michaels asked Spike why he switched his phone from Cellular One to Verizon. The monthly charge was almost identical.  Spike replied by saying it was his understanding that is what Councilman Michaels asked him to do two months ago.  Councilman Michaels stated that he asked him to see if Cellular One had a “pay as you go” plan like Verizon.  Chairman Breiten suggested that Councilman Michaels research the best phone plan and present it to Spike to avoid any more misunderstanding.

 

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

 

FUEL               GALLONS                  TOTAL COST/MONTH         YTD GALS                 YTD EXP.

Gas                    -0-                             $   -0-                                            514.00                 $     738.61

Diesel               2,567.90                      $4,440.11                                   6,514.40                 $10,687.21

Heating 2,005.39                      $3,352.31                                   5,753.89                 $  9,049.09

Svc.                   -0-                                   -0-                                                                        $     365.84

 

Spike submitted the Otsego County 2005 bid tabulation on stone and asphalt emulsion.  Hanson will charge a $2.75 a ton  delivery fee.  He felt that it was cheaper to have the stone products delivered and recommended that the Board contract it that way.

 

MOTION BY Chairman Breiten, seconded by Councilman Tucker, to accept the County bid for delivered stone and asphalt emulsion.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Councilman Weir stated that he would like to see the Town buy sand and crushed stone locally from Kukenberger’s sand and gravel.

 

Chairman Breiten stated that, in order for the Town to consider buying products from Kukenberger, he needs to submit a bid to the County.

 

Spike confirmed with Chairman Breiten that if the Town goes with the County bid, Kukenberger has to have submitted a bid with the County or the Town can bid stone, sand, and/or crusher run on their own. Even if the Town bids the items on their own, Kukenberger would still have to be low bid in order for the Town to buy from him.

 

Councilman Michaels asked if the sand was also going to be delivered.  Spike answered no.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Zoning Enforcement Officer report submitted by Sal Furnari was read by Chairman Breiten.  Sal reported visiting 8 sites during 3/10 – 4/10 and has 6 pending applications.   He has attended an Army Corps of Engineer meeting to learn about the organization’s involvement in procedures, as well as Planning Board and ZBA monthly meetings.  He fields calls from his home and makes site visits on Saturdays.

 

MOTION by Councilman Iversen, seconded by Councilman Weir, to accept the Zoning Enforcement Officer’s report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The Board wanted noted that they were very pleased with Sal’s monthly report.

 

Watershed monthly report was given by Councilman Iversen.  A new septic system for the Sleeping Lion was approved by the Watershed Committee.  The Town of Springfield, where the Sleeping Lion is located, has a Local Law which states all new septic systems must have a nutrient removal capability.  There is controversy who has ultimate authority over the septic systems in the watershed.

 

Councilman Michaels asked Councilman Iversen who has authority in controlling Otsego Lake’s water level.  This spring the lake was 4 feet above what it normally would be in the summer. There is more damage done to the shoreline during that time than any boat wake would ever do.  Councilman Michaels stated that he would like to see a letter from the Board requesting that Otsego Lake’s water level be lowered appropriately to anticipate snow melt and spring rain.

 

Councilman Iversen will research when the dam is lowered and who is responsible for that.

 

MOTION by Councilman Tucker, seconded by Councilman Michaels, to accept the Watershed report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Dog Control Officer report was submitted by Wolfgang Merk and read by Chairman Breiten.  Wolfgang reported receiving 5 complaints during February and March.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the Dog Control Officer’s report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reported informally meeting with some of the residents of Willow Avenue.  He has also discussed deeds and right-of-way transfers with Attorney Sittler and Town Attorney McGown.  It is clear that the Town owns and is responsible for Willow Avenue to the end of Chandler’s driveway.  He will notify the residents of Willow Avenue that the Town Highway Department will continue servicing the road.

 

Chairman Breiten presented the NYS Deferred Compesation Plan for the Board’s review.  This offers an important benefit to employees at no cost to the Town. It is a high-quality, low-cost retirement investing program to help employees to plan for a financially-secure retirement, and offers a wide variety of participant services.  The Village of Cooperstown is taking advantage of this plan.  Spike will present the plan for the highway employee’s input.

 

Councilman Michaels reported receiving from Councilman Tucker a sample request for proposal (RFP) from Spectra Engineering for the Town Highway Garage project.  Keystone Associates has also promised a sample RFP.  The different Phases and what they would include are as follow:    

    Phase I –preliminary design and inventory evaluation

                Phase II –final drawings and details

                Phase III – services during the contract

Councilman Michaels, Councilman Tucker and Spike hope to have an RFP ready for the Board to examine at the next short-term rental workshop.

 

Chairman Breiten read engineer Johannes deWaal’s estimated  construction costs.

            Phase A - Fire record room                               $35,000

            Phase B - Renovation to existing Building       $50,000

            Phase C - Meeting Room addition                    $80,000

            Total                                                                $165,000 

 

Johannes submitted a proposal for the engineering services of $5,800 for Phase II, Final Drawings and Details, for the renovation and addition to the existing Town Building.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, authorizing Chairman Breiten to sign Johannes deWaal’s contract proposal for engineering services for Phase II of the Town Building project.

 

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

 

Chairman Breiten submitted for the Board’s input a revised copy of the RFP for professional consultant services regarding the preparation of a comprehensive plan update.  The deadline set was May 10, 2005  at 5:00 PM.

 

Councilman Michaels pointed out that he had e-mailed suggested changes, none of which were included in this proposal.  The Board was in agreement that all of Councilman Michael’s suggestion, be added to the proposal.

 

MOTION by Councilman Iversen, seconded by Councilman Michaels, authorizing Chairman Breiten to sign and mail out the RFPs  for the preparation of a comprehensive plan update.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten polled the Board to see if they wanted to schedule another short-term rental workshop.  It was decided to schedule a meeting on April 28th at 9:00 AM to discuss short-term rentals, highway garage project RFPs and any other business that may come before the Board.

 

Chairman Breiten submitted a proposed resolution offered by Judge Wolff, authorizing him to apply for a Justice Court Assistance Program Grant in order to purchase a set of three microphones for a SONY twin-deck recording system, as well as a HP LaserJet 3380 printer.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, adopting the proposed resolution authorizing Judge Wolff to apply for the Justice Court Assistance Program Grant.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  Resolution Docket (pg. 53)

 

Chairman Breiten announced that Sal Furnari is not eligible to serve on the Assessment Review Board because he is not yet a Town resident. 

 

George Chandler volunteered to serve on the Assessment Review Board.

 

Chairman Breiten thanked him and stated that the Board would take that into consideration while in Executive Session.

 

Attorney McGown requested permission to attend an Agricultural Planning Conference at Lake Placid.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, that the Town agrees to pay the Agricultural Planning Conference registration fee for Attorney McGown.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to go into Executive Session to discuss CSEA contract negotiations and the Assessment Review Board appointment.

 

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.

It was noted that the final draft of the CSEA contract was sent to CSEA for review and the Town Board is still awaiting a reply.  If in 2 weeks there still has been no reply Chairman Breiten will contact them.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to appoint George Chandler to the Assessment Review Board term ending,  September 30, 2006.

 

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

 

MOTION by Chairman Breiten, seconded by Councilman Tucker, to adjourn.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The next regular monthly meeting will be held on the 11th day of May, 2005 at the Town Building in Fly Creek at 7:00 PM.

 

 

                                                                                                            Respectfully Submitted,

                                                                                                            Pamela Deane/Town Clerk