The Regular Meeting of the Town Board of the Town of Otsego was held on the 8th day of June, 2005 at the Town Building, Fly Creek, NY at 7:00 PM.

 

Those present were:

Thomas Breiten            Chairman

George Tucker Councilman

Bill Michaels                 Councilman

Nancy Iversen              Councilman

 

Others Present:

Pamela Deane              Town Clerk

Louie (Spike) Boyd      Highway Superintendent

Margaret McGown       Town Attorney

 

Chairman Breiten called the meeting to order.  He asked that everyone please rise for the Pledge of Allegiance.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the May 11th minutes as presented.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten announced that Councilman Weir is very ill and wished him the best and a speedy

recovery.

 

Chairman Breiten reviewed correspondence he received since last meeting.

 

·        A letter from the Federal Emergency Management Agency (FEMA), thanking the Town for participation in the National Flood Insurance Program (NFIP) and for their commitment to reduce future flood losses.  They asked for information on any changes in the Town’s flood hazard areas and if training or floodplain management technical assistance is needed. The Board determined that there have been no floodplain changes within the Town and therefore no training or technical assistance would be needed.

·        A letter of notification of change from Guardian Life Insurance, stating that the Employee Basic Term Life and Accidental Death and Dismemberment Insurance Amounts have been raised to $20,000.  Chairman Breiten explained the change was made as part of union negotiations with the Town Highway employees.

·        An informational letter from NYS Board of Real Property Services, stating that the Town of Otsego’s equalization rate is now at 49%.

 

Chairman Breiten opened the floor for comments.

 

Town Historian Tom Heitz suggested that it would be better if the May minutes stated that the first soccer game ever played in Otsego County was played in Cooperstown, rather than the first soccer game ever played in Cooperstown.

 

Mr. Heitz submitted three newspaper articles he thought would be of interest to the Board. The first was an article from the Richfield Springs Mercury dated September 4, 1930 reporting on the 200-car caravan leaving Cooperstown to Schuyler Lake to celebrate the opening of the completed highway (St. Hwy. 28) between Schuyler Lake and Cooperstown.  The second article was from the Freeman’s Journal dated October 24, 1923 reporting that the Presbyterian Church of Fly Creek would be the first church in the vicinity, if not in the state, to install a radio outfit if plans discussed at a meeting of the congregation were carried through.  The radio would be used to give people in the area the opportunity to join with congregations in the great centers to hear some of the foremost preachers of the day, the finest organ music and great church choirs.  Lastly, Mr. Heitz submitted an article from the Freemans’ Journal dated December 12, 1923 announcing that, with a large number in attendance, the Fly Creek First Presbyterian Church held their first radio service operated by John B. Hooker.

 

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

            General Savings:  $ 24,635.22                          General Checking:  $ 47,691.50

            Hwy Savings:       $ 90,858.96                          Hwy Checking:       $ 40,353.62

 

Chairman Breiten reported that the $200,000 CD has been matured and yielded $1,211.39 in interest.

 

MOTION by Councilman Michaels, seconded by Councilman  Iversen, to accept the Financial Report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten asked for a motion to pay the bills.

 

Councilman Michaels questioned why Parslow Road was paved when it wasn’t scheduled to be done until 2007.   Highway Superintendent Spike Boyd explained that nearby roads were being paved so he decided to have it done now, being the equipment was already there.

 

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

            GENERAL:      #119-#138                                           $  14,734.96

            HWY:              #129-#151                                           $  79,082.65

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Superintendent of Highway report was given by Louie (Spike) Boyd.  Fuel expenses are as follow:

 

FUEL               GALLONS                  TOTAL COST/MONTH         YTD GALS                 YTD EXP.

Gas                    265.3                             $    433.37                               779.3                      $  1,171.98

Diesel              1,245.1                             $ 2,054.92                            9,210.5                      $15,345.45

Heating   246.1                             $    436.83                           6386.19                      $10,221.63

Svc.                                                         $      -0-                                                                  $     500.95

 

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 submitted the Zoning Officer’s report prepared by Sal Furnari.  Sal reported nine site visits since last meeting.

 

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

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten presented the Planning Board’s proposed language regulating and defining Storage Units he received.  Councilman Iversen suggested that the Board also consider regulating fencing.  Councilman Michaels offered language regulating and defining different types of Health Care Facilities.

 

It was decided that the Board would table any further discussion regarding these suggested Land Use changes until the July monthly meeting, giving them time to review the proposals.

 

Chairman Breiten distributed an article he copied from the Town Crier announcing that the Village of Cooperstown Trustees have okayed Bassett’s request to add 80 parking spaces to their parking lot on Linden Avenue. Chairman Breiten made two points, the first being that the parking lot is located in the Town of Otsego not the Village of Cooperstown, meaning that the Village Trustees have no authority to approve or disapprove Bassett’s request. Secondly, the Land Use Law does not allow parking lots in that district.  When approached over a year ago by Bassett the Planning Board told them that the parking lot was not allowed in that district.  Councilman Michaels stated that he was in favor of expanding the commercial district south on State Hwy 28.  Chairman Breiten fears that if the Board expands the commercial district now, they would lose any leverage with the Village of Cooperstown and Bassett when planning the re-design of Linden Avenue.

 

It was agreed that Chairman Breiten will send a letter to Bassett and the Village Trustees informing them that a parking lot is not permitted in that district and Bassett’s parking lot will not be allowed to be expanded at this time. 

 

Chairman Breiten submitted a resolution offered by the Village of Cooperstown asking for the Town of Otsego’s additional support in requesting NYS Legislation to prohibit the State from establishing a public boat launch on the shores of Otsego Lake.  The Village of Cooperstown feels that a heavy volume of motorboats would threaten the habitat of the Lake’s game fish by promoting the loss of oxygen on which the fish depend, and compromise the quality of the sole source of drinking water for Cooperstown.

 

Councilman Michaels stated that he would support their resolution if they would lower Otsego Lake five feet in the winter to help shore erosion in the spring due to high water levels.

 

MOTION by Councilman Iversen, seconded by Councilman Michaels, to support the Village in their resolution to the State.

 

MOTION DEFEATED:  Chairman Breiten abstained.  Councilman Iversen voted yes.  Councilmen Michaels and Tucker voted No.

 

Chairman Breiten submitted for the Board’s review, the Dog Officer’s report offered by Wolfgang Merk. Wolfgang reported six complaints in May.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the Dog Controller’s report as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Councilman Michaels reported that six RFP’s were received regarding the new highway building.  The committee will meet Friday May 10th to review the proposals.  After reviewing the proposals and interviewing candidates the committee will make a recommendation to the Board at the July monthly meeting.

 

Town Clerk Pam Deane submitted renovation plans for the Town Building prepared by engineer Johannes deWaal.  After reviewing the plans, the Board conceded that the record room should be slightly larger, and said they wanted to explore other siding alternatives.

 

Chairman Breiten polled the Board on whether or not to hold a Town clean-up day.  The Board decided that, because there is no way to limit the drop-offs to residents only, and due to the extensive cost involved, they would waive the clean-up day for this year.

 

Chairman Breiten presented a Third Party Custodian Agreement offered by NBT Bank.  The agreement states NBT agrees to provide security for funds exceeding $100,000.00 as required by the General Municipal Law, Banking Law and other applicable statutes, and also agrees to provide safekeeping services and to hold any securities pledged by the Bank in a custodial account established for the benefit of the Local Government as secured party pursuant to this Agreement. The Town has a signed Third Party Agreement with Wilber National Bank.  If the Board agrees to sign a Third Party Agreement with NBT, then NBT could also be considered if or when the Board wishes to invest Town money.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, authorizing Chairman Breiten to sign the Third Party Custodian Agreement with NBT Bank.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten explained that there is legislation called the Collateral Source Bill pending at the State level.  This bill would repeal the special exception that enables plaintiffs to obtain excessive awards.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to adopt support for the Collateral Source Bill.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 54)

 

With no further business, Chairman Breiten opened the Short-Term Rental Public Hearing for comment.

 

Chairman Breiten stated that the Board was interested in hearing public comments about the Short-Term Rental Law draft.  There will be another Public Hearing once the Board has constructed what they believe to be the final draft.

 

John Phillips of Fly Creek stated that he felt the law is somewhat arbitrary and discriminatory. The purposed law singles out Dreams Park rentals and is based on the length of stay. There are people who rent for the summer but the law doesn’t address that, only those renting less than 30 days. Phillips did not agree with imposing septic and water regulations.  He also felt the parking restrictions were unclear.

 

John Nolan of Pierstown stated that he was not aware of any problems with Short-Term Rentals.  Chairman Breiten replied that the Village of Cooperstown and Town of Milford have had problems with housing being overloaded and noise complaints. Because of that the Board has taken a stand to be pro-active rather than reactive to the situation.

 

Joseph Ferrucci of Oaksville questioned what the estimated revenue was going to be from the Short-Term Rental Special Permit. Chairman Breiten replied that revenue generated from the Special Permit was never estimated. 

 

Mr. Ferrucci asked how many weekly renters are listed in the Town.  Councilman Iversen reported that there are 20 listed at the tax office,  most of them being along the Lake.

 

Mr. Ferrucci stated that he, like Mr. Phillips, is not in favor of the Town posing septic and water regulations.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to go into Executive Session to discuss the CSEA contract.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The next regular meeting will be held on July 13, 2005 at the Town Building in Fly Creek at 7:00 PM.

 

                                                                                                Respectfully Submitted

 

                                                                                                Pamela Deane

                                                                                                Town Clerk