The Public Hearing and Regular Meeting of the Town Board of the Town of Otsego were held on the 12th day of May 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 #2 was called to solicit public input on proposed Land Use Law changes.  He read and explained the proposed changes.

 

Chairman Breiten opened the floor for comments.

 

Town of Otsego residents Steve Smith, Ann Geddes-Atwell, and John Stucin, asked for clarification on specific proposals, which were answered by Chairman Breiten.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted awe.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the minutes of April 14th and April 23rd as presented.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Jim Atwell read a news article he found interesting, dated 4/16/04 from the Freeman’s Journal. The article states that Cherry Valley is considering seeking a new location for their Town Highway Barn.  The reasons given for seeking a new location were the lot is too small to handle all the Town’s equipment, backing the trucks out into a busy street poses traffic hazards, and the county recyclable station is a detriment to the views of the surrounding neighborhood. Mr. Atwell found this to be an interesting parallel to discussions held by the Town Board.

 

Mr. Atwell reminded the Board that this time last year they had voted to discontinue filling in the water catchment area at the Cemetery Road Highway site.  Now,  this spring, a ramp has appeared in this area, covering an additional 250 square feet.  This seems to contradict what the Board agreed was common sense to save this watershed area.

 

Chairman Breiten reviewed correspondence he received since April.  Chairman Breiten read a letter from Cooperstown Country Club, Inc. notifying the Town Board of their intent to renew their liquor license.  The Board had no objections.

 

Attorney McGown read a letter from County Attorney James Konstanty. It stated that the County is required by New York State, as a condition of the financing of  Otsego Manor, to establish a sewer and water district for the 20-acre parcel in which the facility is situated.  The County already has the construction completed and the final cost determined.  The next step is to file a petition with the Town of Otsego, asking for the formation of two improvement districts. The County has hired an engineering firm to prepare necessary map reports and costs. Since the money has already been borrowed to pay for the system, the County can finance this as a capital cost.  Mr. Konstanty would like the opportunity to sit down with the Board and review this matter once the final draft is completed.

 

 

 

Chairman Breiten read a letter from the NYS Office of Parks, Recreation and Historic Preservation, stating that the Fly Creek Grange Hall No. 844 has been listed on the National Register of Historic Places.

 

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

            GENERAL:      #124-#147                               $  26,859.51

            HWY:              #106-#141                               $  46,204.26

 

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:  $ 21,033.87

            Hwy Savings:       $594,536.42                         Hwy Checking:       $ 62,005.25

 

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                        269.0                        $       336.25                   713.7               $        882.29

Diesel                 1,445.6                         $    1,682.92               7,733.0                $     9,257.88

Heating      762.5                         $       824.74               6,989.8                $     8,207.58

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

 

Spike submitted bid tabulations for Liquid Calcium Chloride and Modified Binder. They were as follow:             Liquid Calcium Chloride:       Suit Kote:                  $  .645

            Type 3 Modified Binder:       Barrett Paving:          $31.89 per ton                Project cost:  $55,488.60                                                                   Hanson Aggregates:   $34.38 per ton              Project cost: $59,821.20

 

Spike asked the Board to accept the NYS bid for Asphalt. 

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to accept Suit Kote’s bid for Liquid Calcium Chloride, Barrett Paving’s bid for Type 3 Modified Binder, and the NYS’s bid for Asphalt.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

The roads scheduled for this year on the CHIP’s program are Hoke, Huff and Donlan.

 

Chairman Breiten announced that CSEA mediation will begin on May 18th. 

 

Chairman Breiten asked Spike if it was in the Town’s best interest to leave the shortcut in the triangle across from the Fire Hall open. Chris Chandler, owner of the house in the triangle, has blocked it off.

 

Spike replied that that land belongs with the house Mr. Chandler now owns.  Mr. Chandler has indicated to him that, once he is done with renovations to the house, he will remove the barriers.

 

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.  

 

Chairman Breiten reported that he and Councilman Tucker have been meeting Thursday mornings to review any Zoning Permit applications.  They are usually done within an hour.  They have assisted one applicant in preparing his site plan review application.

 

Chairman Breiten stated that Steve Daniels has been served a letter from the Town Attorney, instructing him to remove his copy change sign immediately.  After ignoring that, he was served a violation notice for failure to remove the copy change sign.  Given the fact that Daniels was wrongfully issued a sign permit for the copy change sign in the first place, Chairman Breiten asked the Board’s permission to talk to Daniels before the Town issued him an appearance ticket, and offer to reimburse him for his sign.  The Board was in agreement that, under the circumstances, that was the best way to handle this situation.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to go into Executive Session to interview Zoning Enforcement Officer applicants.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

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

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten announced that, while in Executive Session, the Board interviewed Jane Downing Berry of Norwich, Catherine Andrews of Mount Vision, and Maurice Torruella of Cooperstown for the Zoning Enforcement Officer position. The possibly of appointing one of these applicants to the position will be discussed later in the meeting.

 

Chairman Breiten stated that he is still discussing with the Village of Cooperstown Mayor, Carol Waller, what to do about the Town’s reval and whether or not Chase Valuation should still be considered for the job.  A concern everyone has is that Chase is over-extended.

 

Chairman Breiten reported that the rest of the neighborhood meetings for the Comprehensive Plan have been scheduled.

 

Councilman Iversen presented minutes from the weekly rental workshop held May 3rd, which were reviewed and discussed by the Board.  It was decided that another workshop would be held in the near future.

 

Chairman Breiten presented the Request for Proposal (RFP) letter that was sent out to several engineering firms concerning the condition, possible replacement, and upgrade and expansion of the existing  Highway Garage.  After the Board’s review of the letter it was decided that the next RFP letter would request only an evaluation of the condition of the building, whether or not it is salvageable, and a list of repairs that need to be made. The Board is hopeful that this would simplify the request, and the proposals will come in less than the last proposals received.

 

Councilman Iversen reported that David Pearlman grant writer for Cooperstown School , has offered his services to assist anyone willing to write grants on behalf of the Town.  The Board was excited to learn of  Mr. Pearlman’s generous offer. 

 

Chairman Breiten stated that there is available for only $72.00 a CD software package on employee handbooks.   The Board agreed to authorize Chairman Breiten to order the CD on employee handbooks. 

 

Town Assessor Ferd Thering has asked for additional help.  His workload has increased and he needs help measuring large buildings such as the Thanksgiving Home.  He is requesting that the Town hire Village of Cooperstown Assessor Al Keck  at $2,000 a year to assist him. 

 

MOTION by Chairman Breiten, seconded by Councilman Iversen, that Al Keck be hired to assist Town Assessor Ferd Thering for $2,000 a year.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten read a proposed agreement between the Otsego County Planning Board and the Town of Otsego, offered by the Otsego County Planning Board.  Signing the agreement would eliminate referral for the following:

            Subdivision fewer than 10 lots, Site Plans, Special Permits for reuse of an existing building or new          construction under 2,500 square feet, area variances which do not exceed 40% of the stated minimum,         and any amendment that involves an increase in lot size or the addition of less-intensive uses to a district.

 

It was Chairman Breiten’s suggestion that for the ease of the applicant that the Board authorize him to sign the agreement.  After discussion, the Board directed Chairman Breiten to sign the Agreement.

 

 

Chairman Breiten read a letter from NYS Department of Environmental Conservation, stating that if the Towns still intend to move forward with the design and reconstruction of the Panther Mountain Dam spillway, it is important that the scopes of work and supporting documentation are submitted as soon as possible for their review. Next, Chairman Breiten read a letter for Malcolm Pirnie, engineer for this project.   The letter states that he has been authorized by the Town of Richfield  to prepare a design report, plans, specifications and construction documents to repair recent damage to the existing Panther Mountain Dam and expand the capacity of this control structure by constructing an auxiliary dam and spillway adjacent to the existing dam.  This is expected to be completed in six weeks and will then be forwarded to the Otsego Town Board for review.

 

Chairman Breiten announced that Bassett Hospital applied for a Federal grant with the Village of Cooperstown acting as lead agency, requesting money for a multipurpose parking facility and shuttle service.  They were given  $5 million for the grant.  It is hoped that with this money Linden Avenue Extension will be reopened not only with additional parking but also a tourist center and bike paths.

 

Chairman Breiten stated that there is available a small cities technical assistance grant.  Once you have been accepted for the grant it offers opportunities for more money.

 

Ann Geddes- Atwell offered to look at the grant and possibly apply for the Town.

 

Councilman Michaels reported attending the Fly Creek Fire Commissioners’ May meeting.  He asked for an itemized budget, which the Commissioners were more than willing to provide, and input from them on installing dry hydrants at specific locations in the Town.  Councilman Michaels will ask the Commissioners to present their 2005 budget to the Board at a regular Board meeting to answer any questions the public or the Board may have.

 

It was the consensus of the Commissioners that it would be helpful to have dry hydrants around the town.  They made it clear, however, that they did not have the manpower or funds to implement them.

 

MOTION by Councilman Tucker, seconded by Councilman Michaels, to go into Executive Session to discuss personnel issues and zoning applicants.

 

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.

 

After discussion, Chairman Breiten was directed by the Board to call Jane Berry’s references and, if they are favorable hire her for the Zoning Enforcement Officer position.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to adopt the proposed Land Use Law changes with the exception of Section 4.04 and #2 under Special Requirements for GB-2 district .

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The next regular meeting will be held on June 9th, 2004 at 7:00 PM at the Town Building in Fly Creek.

                                                                                                           

                                                                                                            Respectfully Submitted

                                                                                                            Pamela Deane, Town Clerk