A Public Hearing and Regular Meeting of the Town Board of the Town of Otsego were held on the 10th day of May, 2006 at the Town Building, Fly Creek, NY at 7:00 PM.
Those present were:
Thomas Breiten Chairman
Orlo Burch Councilman
Ann Geddes-Atwell Councilman
John Schallert Councilman
Meg Kiernan Councilman
Others Present:
Pamela Deane Town Clerk
Bryan Pernat Highway Superintendent
Martin Tillapaugh Town Attorney
Chairman Breiten called to order the Public Hearing for Local Law #2 proposal. He explained that the purpose of the hearing was to gain public input on extending the existing moratorium on major subdivisions. Breiten explained that the proposed law was referred to the County Planning Board for review. No county-wide impacts were identified and with that the County Board unanimously approved the extension of the existing moratorium. The Town Board took turns reading aloud letters addressing the proposed extension of the moratorium. There were 15 letters supporting the extension, and 1 letter opposing the extension.
Richard Hansen asked what happens if the Master Plan is not in effect before the moratorium ends.
Chairman Breiten explained that the longer the moratorium goes on, the harder it will be to defend in court. He is confident that the firm hired to draft the revised Comprehensive Plan will be able to draft a vision statement based on data already compiled and make a recommendation how to achieve these goals.
Velma Armstrong said she felt something needs to be done to control development.
Robert Ubner asked if the Board was looking only at Pierstown to regulate subdivisions.
Chairman Breiten stated that although the residents in Pierstown have been the most vocal, the Board intends to look at the entire Town.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to close the Public Hearing.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten called the regular meeting to order and asked that everyone please rise for the Pledge of Allegiance.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to accept the April 12th and 28th minutes as presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten reviewed correspondence received since last meeting. Among those were as follow:
A letter of notification from Senators Seward and McGee, announcing that the CHIP’s funding has been increased from $92,588 to $106,242.
Letters of notification from Black Ash Holdings, The Doubleday Café, Inc., Fly Creek Cider Mill, and Portabello’s, announcing their intent to renew their liquor licenses.
A letter from Menter, Rudin, Travelpeace, P.C.,Counselors At Law, outlining reasons why the Town Planning Board should deny Mark LaValley’s site plan review application for a Service Trade Establishment on Keating Road.
A letter from Dave and Sharon Burch complaining about the poor condition of Curry Road.
A letter from Otsego County Highway Department, reporting that they will be reimbursing the Town $7,079.10 for snow and ice control for the period between October 2005 and December 2005.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $313,916.39 General Checking: $ 996.42
Highway Savings: $ 8,882.10 Highway Checking: $ 28,898.81
6-month Certificate of Deposit: $900,000.00 MBIA General: $152,770.53
4-month Certificate of Deposit: $100,000.00 MBIA Hwy: $100,682.91
Chairman Breiten recommended that the Board consider establishing a reserve account for retiree health benefits, which potentially could become as much as a $2,000,000.00 liability.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to accept the financial report as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to pay the following invoices:
GENERAL: #88-#104 $ 27,922.17
Chairman Breiten questioned if the Bond, Schoenenck, and King, PLLC bill was the same as the bill paid at the April meeting.
MOTION was amended by omitting the Bond, Schoenenck, and King, PLLC bill.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Highway Superintendent Bryan Pernat gave the Superintendent of Highway report. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas 139.0 $ 320.19 578.0 $ 1,035.24
Diesel 124.3 $ 306.27 4,806.9 $ 9,567.22
Heating 449.5 $ 1,020.83 4,833.2 $ 8,710.30
Svc. $ 143.98 $ 512.36
Pernat stated that problems on Curry Road have been corrected.
Pernat submitted for the Board’s to review, a list of items to be declared surplus and sent to the County Auction. The list was reviewed by the Board.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to declare all items submitted by the Highway Superintendent surplus and send them to the County Auction scheduled for June 10th.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Pernat submitted the only bid for Liquid Calcium Chloride and Magnesium Chloride for the Board to Review. The bid offered by Central Asphalt was as follows:
Magnesium Chloride: $0.824
Liquid Calcium Chloride: $0.840
MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to accept Central Asphalts Liquid Calcium Chloride and Magnesium Chloride bid.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Town Attorney Tillapaugh reported that Patterson Equipment has no interest in the old “Sicard” truck type vehicle with snowblower left in 1972 for the Town’s permanent use, and has given the Town permission to dispose of it any way they wish. Tillapaugh was directed by the Board to ask Patterson Equipment for a letter relinquishing the truck to the Town of Otsego.
Pernat recommended that the Board accept the County bid for Asphalt and Stone.
MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to purchase Asphalt and Stone under the County bid.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Pernat reported that he has hired Peter Chase to begin work part-time on May 22nd.
The Zoning Enforcement Officer report prepared by Mike Miller was submitted by Chairman Breiten for the Board to review. Applications issued since last month were as follow:
Zoning Permits: 8 Demolition Permits: 1 Sign Permit: 1 Site Plan Review: 3 ZBA: 1
Miller reported that Addison Bissell III has clear cut a large percentage of vegetation in front of his property at 6515 St. Hwy. 80. He was issued a “Stop Work” order and a Violation Notice as per Town of Otsego Law Section 7.05. Miller requested in his report permission to hire forester Ken William, at $50.00 hr. Mr. Williams will delineate the 500 ft. line, make a count of existing and removed trees 6’ at breast height to determine % removed, address erosion control, and submit a report of his findings.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to appropriate $400 for a forester to resolve the issue if 30% of the trees have been cut.\
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Miller also expressed the need for a digital camera and asked the Board’s permission to purchase one.
MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, authorizing the Zoning Officer to purchase a digital camera for the Town, not to exceed $200.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Watershed Supervisory Committee report was given by Councilman Kiernan. Two septic permits engineered for a holding tank were disapproved; the plans were returned to the engineer for further evaluation of an alternative system or a shared system. Sixty sites have been inspected, as compared to 100 last year.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Burch, to accept all the committee reports as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten asked the Board if there was any need for further discussion of the proposed Major Subdivision Moratorium six-month Extension. There were no comments, questions, or concerns.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to adopt Local Law #2, extending the existing Major Subdivision Moratorium for an additional six months.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Kiernan reported receiving three re-valuation RFP’s. They were as follow:
Chase Valuations: $50.00 / parcel
Tyler Technologies, Inc.: $98.50/ parcel
Maxwell Appraisal Service: $50.00/ parcel plus a 5% discount if the Town of Hartwick signs on, bringing it to $47.50/ parcel
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to accept Maxwell Appraisal Services’ bid.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
After some discussion, it was decided that Councilman Kiernan, Chairman Breiten, Assessor Ferd Thering, and Hartwick Supervisor Mary Balcom will meet with Michael Maxwell to discuss the terms of the Town’s revaluation.
Councilman Kiernan submitted a revised outdoor trash burning legislation for the Board to review. She reported sending a copy to NYS Ag. & Market for their input, but has not yet received a reply.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to schedule a Public Hearing for the proposed Trash Burning Law for June 14th at 7:00 PM.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Kiernan reported that MOSA has agreed to hold a “White Day” for Middlefield, Otsego, and Hartwick residents sometime in June. The Board discussed whether or not to hold a tire collection day.
MOTION by Councilman Kiernan, seconded by Councilman Burch, to schedule a Tire Collection Day.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Kiernan will handle the details.
The Board discussed at great length the highway facility on Cemetery Road. Councilman Schallert, Councilman Burch, and Fly Creek resident Walter Dusenbury met at the site and discussed alternatives to make the site more aesthetic. Some suggestions made by the committee were:
Move the chain link fence approximately two sections back,
Move sluice pipes and dig ditches out,
Place burms for trees, and
Paint the fence and building a dark green.
The committee will gather estimates for the proposed work for the June meeting.
Attorney Tillapaugh reported that the Ambulance Service Contract sent to the Town from the Village of Cooperstown was not for the Town but for the Fly Creek Fire District. He explained that the Ambulance Contract that the Town already has in place with the Village of Cooperstown is for the Town of Otsego, but it excludes the Fly Creek Fire District. Only a Fire District can contract out for their district. It is not the Town’s obligation. The $6,500 bill will be given to the Fly Creek Fire Company to pay.
Attorney Tillapaugh reported meeting with Lee Bookhout, hired to appraise the Key Bank building. Tillapaugh stated he is waiting for an estimate from Mr. Bookhout as to what he feels the most the appraisal on Key Bank will be. He charges $150/hr. The Village and the Town have agreed to pay half each.
Chairman Breiten reported that the Village of Cooperstown Trustees have hired a consultant to discuss the revamping of Linden Avenue.
MOTION by Councilman Burch, seconded by Councilman Kiernan, that the Board and the Town Attorney go into Executive Session to discuss the CSEA contract.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to come out of Executive Session.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to advise the CSEA Representative: based upon review of their proposal, as received at the last negotiating session, the Board is of the opinion that the cost of the proposal exceeds an acceptable amount and, unless a counter-proposal similar to the tentative agreement is received, the Board is proceeding to fact-finding.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be June 14th at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 10:05 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk