A combined Public Hearing and Regular Meeting of the Town Board of the Town of Otsego was held on the 14th day of June, 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 the Public Hearing for the proposed Trash Burning Law to order.
Councilman Kiernan’s opening statement explained that the law is being proposed because of the health issues that are compromised with the burning of garbage. She went on to explain that farmers will be exempt from the law.
John Foutch said he felt that few people burn garbage any more, and he sees no need for more laws.
Patty Murphy was concerned with the air pollution as a result of burning garbage.
Sheila Ross asked who will be enforcing the law and how will they distinguish between someone burning papers in their woodstove and the burning of garbage. She feels that this is only the first step before the Board prohibits outside furnaces and woodstoves and was not in favor of the proposed Trash Burning Law.
Councilman Kiernan stated that the Zoning Enforcement Officer will be enforcing the law. It will be up to him to determine what is being burned. Garbage has a much different smell than paper.
Chairman Breiten pointed out that the law makes an allowance for the legitimate use of indoor or outdoor fireplaces, woodstoves, furnaces, barbecue pits, or grills, and does not prohibit any burning for which a permit is obtained by DEC or any other proper issuing authority, such as for the burning of brush.
Jim Foutch commented that in all the years he has lived here he has never smelled anyone burning garbage. He was not in favor of the Board adopting the proposed trash burning law.
Dotty Hudson stated that Cooperstown has a law prohibiting people from burning garbage. Times change. Years ago people didn’t realize they were polluting the air now they do. All of New England has some sort of law prohibiting people from burning garbage. She believes the Town should be progressive and adopt the proposed law.
Nancy Iversen stated that she was in favor of the proposed law. She would like to see as many carsinogens as possible out of the atmosphere and off the leaves of the vegetables that are grown locally.
Walter Dusenbury questioned if anyone has looked into this problem in this area. He expressed concern placing a law on the books that won’t be enforced.
John Kosmer stated that the mechanism to handle the law is really a bogus issue. This law is a law of attrition. A lot of people will resist it in the beginning but over time it will become a way of life. This is the 21st century and over time things change. Over time fewer and fewer people will burn garbage and the law will be in place to support that.
Jim Ainslie stated that he didn’t agree with the penalties. While he delivers mail for a living he sees very few people burning their garbage and feels there isn’t a need for the law. He presented an air quality study of the Syracuse area done over the last 10 years by DEC . The report shows that the air quality has steadily improved over time. Landowners have very few rights left and he is not in favor of the Board taking this one away. DEC already has a law in place.
Martha Clarvoe stated that DEC has regulations in place only for areas with a population of 20,000 and over.
Bennett Sandler pointed out that protecting landowner rights goes both ways. As a parent of small children, if there is a risk associated with burning garbage he would like the right to keep his children from having to breathe the polluted air.
Tim Donahue stated that people who burn garbage are doing it because of affordability. He never burned garbage when it was free to drop off at the landfill. He feels that the Town is made up of haves and have-nots and this law is directed at the have-nots.
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 Kiernan, seconded by Councilman Geddes-Atwell, to accept the minutes of May 10th as presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten read a letter from Otsego County Planning Director Terry Bliss. Terry states that a Hazard Mitigation Plan was created and submitted to the State Emergency Management Operation (SEMO) in January 2005. The plan benefits our Town by giving an opportunity to receive state funding in the case of a disaster. The SEMO office has returned the plan, identifying necessary revisions. In order for the plan to be approved, more information is needed by the Town’s Hazard Mitigation Committee. Chairman Breiten pointed out that the two people originally on the committee, the Highway Superintendent and the Code Enforcement Officer, are no longer employed by the Town.
Feona Carbin, a Planning intern at the County, stated that she’s been working on gathering information for the plan. Some things that need to be addressed and identified are places where there is recurring flooding, ice jams, accidents, historic events, past events, etc. She asked for volunteers to help her. Zoning Enforcement Officer Mike Miller offered to consider helping. Chairman Breiten will ask Town Historians Tom Heitz and Sherlee Rathbone to see if they would be willing to help.
Chairman Breiten stated that he received a contract from Mike Maxwell Associate. The contract does not include the cost of defending any assessment lawsuits against the Town. That would be extra.
Mike Maxwell explained that first a number of public meetings would be held informing the public about the revaluation. Large land-owners would be allowed to file an agriculture exemption so long as they or the person or persons renting the land profit $10,000 or more from the land. If the landowner sold a building lot before the exemption expired, he would be expected to pay the Town and County back taxes on the land sold based on the full assessment.
Chairman Breiten asked Mr. Maxwell to send the Board a letter stating the per diem rate for properties that are challenged in Small Claims Assessment Review.
Chairman Breiten reviewed with the Board correspondence received since last meeting. Among those some were as follow:
A letter from the State notifying the Town that their tentative equalization rate has dropped to 38%.
A letter from OCCA, asking that Otsego Lake Festival Day be proclaimed on Saturday, July 8th.
A letter from the Association of Towns, announcing a new policy in which State Troopers will no longer be negotiating plea bargains of traffic tickets in Town Justice Courts.
A letter from Fly Creek resident Troy Brissard, stating concern that some of the traffic on County Highway 26 was frightening their horses. Chairman Breiten referred him to the State Police.
A letter of notification from Planning Director Terry Bliss, a list of Planning and Zoning referrals to the County Planning Board.
A Notice of Public Hearing listing twenty Otsego County land-owners, requesting that their agricultural land, encompassing 2,844 acres, be included in the certified agricultural districts within Otsego County.
A letter from the NYS Office of Parks, Recreation and Historic Preservation, saying that the Fly Creek Historic District will be considered by the State Review Board at its next meeting for nomination to the National and State Registers of Historic Places.
A letter from the Otsego County Department of Health, saying that they are in the process of completing the comprehensive Pandemic Flu plan for Otsego County. Their goal is to provide a clear understanding of the potential risks associated with a pandemic outbreak and discussion on practical and reasonable solutions for a favorable outcome should the need arise. There will be a meeting at the Otesaga Hotel on June 20th, at 8:45 AM.
Chairman Breiten opened the floor for comments.
Marilyn Urbis of Marble Road Extension asked if the Town would put in place small ditches and cut back the banks on Marble Road. The water runs down the road and washes out her private road. This has been a problem for the last 10 years.
Highway Superintendent Bryan Pernat promised that, as soon as it stops raining, he will get a backhoe up there to make some ditches. Because of the excessive rain we’ve had, to bring in a backhoe now would only make a bigger mess. He hopes to have the problem solved before the July meeting.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 67,456.38 General Checking: $ 28,140.18
Highway Savings: $ 8,882.10 Highway Checking: $ 19,343.29
6-month Certificate of Deposit: $900,000.00
3-month Certificate of Deposit: $300,000.00
4-month certificate of Deposit: $100,000.00
MBIA: $101,450.00
MOTION by Councilman Burch, seconded by Councilman Kiernan, 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: #105-#132 $ 83,740.08
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Bryan Pernat gave Superintendent of Highway report. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas 115.7 $ 278.08 693.7 $ 1,313.32
Diesel 1,515.4 $ 3,670.70 6,322.3 $ 13,237.92
Heating 184.4 $ 429.83 5,017.6 $ 9,140.13
Svc. $ 143.98 $ 512.36
Bryan asked for the Board’s approval to hire out the hauling of stone from Jordanville. He estimated that, if the Town Highway employees hauled the stone, time lost from doing other projects would be 12-14 days, and cost roughly $19,000. Contracting the work out, the stone could be hauled in 6 days and the estimated cost would be $12,000-$13,000.
Attorney Tillapaugh suggested that Town of Otsego be listed as an additional insured on the insurance policy of whoever is chosen to do the hauling.
After a short discussion, it was the consensus of the Board to authorize Bryan to contract the hauling out.
Zoning Enforcement Officer’s report was given by Mike Miller. He reported permits issued since last meeting as being:
Zoning Permits: 11 Driveway Permit: 1 ZBA Applications: 3
Mike informed the Board that new “Welcome to Town of Otsego, Land Use regulation law in effect” signs are mandated by NYS law and are needed for all main entrances into the Township. Mike submitted a voucher for mileage reimbursement, which was added to the bills. He asked for reimbursement for cell phone expenses which he uses to communicate with applicants.
It was the consensus of the Board that Mike be reimbursed the portion of the cell phone bill pertaining to Town business.
Watershed Committee report was given by Councilman Kiernan. The first demonstration system, for Silvernail/Pondolfino, in the Town of Otsego has been completed. It is a shared system, using state-of –the-art technology for constrained site conditions which are prevalent around Otsego Lake. The second site for the Town of Otsego has been chosen and one for the Town of Middlefield. The Committee will again have a booth at the Otsego Lake Festival. Models of advanced technology systems and actual examples of parts of the treatment systems will be discussed and demonstrated by Committee members as well as at least three of the Watershed’s approved engineers. Win McIntyre will be sending a letter to the Supervisors of Middlefield and Otsego, recommending that they adopt regulations requiring nutrient removal components on new and replacement systems.
MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to accept the reports as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten stated that Home Rule Request forms for the Senate & Assembly were sent to the Town by Senator Seward’s office. This Home Rule Request if signed by the Town Board will create a Canadarago Lake protection and improvement district in the Towns of Richfield Springs, Otsego and Exeter. This would work similar to the way a fire protection district operates. Commissioners will be first appointed later elected from each town to oversee the district. The Town Board is asking the State Assembly pass legislation to allow the creation of the Canadarago Lake and Improvement District. This enactment is subject to permissive referendum.
MOTION by Chairman Breiten, seconded by Councilman Burch, authorize the signing of the Home Rule Request sent by Senator Seward’s office.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten stated that the Comprehensive Planning Committee met and reviewed a draft of the Comprehensive Plan sent by Planning Consultant Nan Stolzenburg. He reminded the Board that time is running out on the moratorium on major subdivisions. The Comprehensive Planning Committee has agreed to meet on a weekly basis, draft subdivision regulations using Nan Stolzenburg’s recommendations, and give them to the Town Board for review. Things they will consider are visual impact, impact on the infrastructure, and impact on natural resources.
It was the consensus of the Board to let the Comprehensive Planning Committee spearhead a subdivision draft for the Board to review at their July meeting.
Councilman Burch submitted a proposed resolution for the Board to review, addressing the salary and health benefit package for the Highway Superintendent in 2007. He explained that those thinking about running for the position in the fall need to know what they can expect for a salary and if indeed the Town is offering a health benefit package.
MOTION by Councilman Burch, seconded by Councilman Kiernan, to adopted the proposed Highway Superintendent salary resolution, amending the proposed salary from $35,000 to $33,000.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
RESOLUTION ADOPTED: (Resolution Docket pg. 59)
The Board discussed briefly Local Law #3 proposal banning trash burning.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to adopt Local Law #3 Banning Trash Burning.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to amend the proposed law by striking under penalties “6 hrs. community service.”
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Schallert, seconded by Councilman Burch, to table voting on the Local Law #3 proposal.
MOTION DEFEATED: Councilman Schallert and Councilman Burch voted yes. Chairman Breiten, Councilman Kiernan and Councilman Geddes-Atwell voted no.
Back to the first MOTION to adopt Local Law #3 as amended.
MOTION CARRIED: Chairman Breiten, Councilman Kiernan, and Councilman Geddes-Atwell voted yes. Councilman Schallert abstained and Councilman Burch voted no.
Councilman Burch stated that the Highway Garage committee met and divided proposed improvements to the site into two phases.
Phase I -2006
Councilman Burch presented 3 quotes for repainting the highway garage on Cemetery Road.
Mickey’s Painting & Home Improvements (includes power washing and two coats of paint) $6,200.
Mariotti Painting & Decorating, Inc. (includes power washing, primer and one coat of paint)
$4,620.
Panther Mountain Painting (includes power-washing and paint)
$9,539.
Councilman Burch submitted 2 quotes for relocating the chain link fence approximately 20’ from Cemetery Road.
Universal Fence & Supply Co. $3,168 and an additional $400 if the gate is included.
Cook Fence Co. $4,161.
Phase II -2007
Purchase trees approximately five feet high for planting along Cemetery Road. Estimated cost is $100/tree and includes planting.
MOTION by Councilman Burch, seconded by Councilman Geddes-Atwell, to hire low bidder Mariotti Painting & Decorating to paint the Highway Garage Building on Cemetery Road a dark green color.
After discussion it was pointed out that those that bid did not bid the same specifications. It was the consensus of the Board to amend the MOTION to say that the Board will award the bid to the lowest bidder who bids one coat of dark green Sherwin Williams’s paint after applying primer to any bare metal spots to the Highway Garage on Cemetery Rd for $4620 or less. Decision left up to the committee.
MOTION CARRIED: Chairman Breiten voted no. Councilman Schallert, Councilman Kiernan, Councilman Atwell, and Councilman Burch voted yes.
MOTION by Councilman Burch, to employee Universal Fence & Supply Co. to move the fence on Cemetery Road back 20’ and include the gate.
There was no second. MOTION FAILED.
Chairman Breiten stated that the Village of Cooperstown has asked the Board to make a request to NYS D.O.T. to consider reducing the speed limit by Wilber Bank on State Hwy. 28 south to 30 mph. It is currently 45 mph.
MOTION by Councilman Kiernan, seconded by Councilman Burch, authorizing Chairman Breiten to make a request to NYS D.O.T. to reduce the speed limit on State Highway 28 south just outside the Village limits to 30 mph.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
RESOLUTION ADOPTED: Resolution Docket pg. 60
MOTION by Councilman Kiernan, seconded by Councilman Burch, authorizing Chairman Breiten to request that the County reduce the speed limit from Toddsville to Grasslands to 35 mph.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
RESOLUTION DOCKET: (Resolution Docket pg. 61)
Chairman Breiten stated that he was approached by the Town’s Insurance Agent, Tim Parsons, that the Board may want to consider taking out a Builder’s Risk Policy while construction of the new addition is taking place.
It was the consensus of the Board to take out a Builder’s Risk Policy.
MOTION by Councilman Kiernan to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be July 12th at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 10:30 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk