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