The Regular Meeting of the Town Board of the Town of Otsego was held on the 13th day of July, 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

Margaret McGown       Town Attorney

Sal Furnari                    Zoning Enforcement Officer

 

Chairman Breiten called the meeting to order.  He asked that everyone please rise for the Pledge of Allegiance and to remain standing for a moment of silence in remembrance of Town Councilman Leslie Weir and County Representative Charles Bateman, both of whom recently passed away suddenly.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the June 8th minutes as presented.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence he received since last meeting.

 

  • a letter from Otsego County announcing that they will be holding a Hazardous Waste Collection day at the Otsego County Fair Grounds in Morris.  Pre-registration is required by September 20th.  Items eligible for collection are paints, solvents, pesticides, mercury, chemical cleaners, household batteries, anti-freeze, hobby and pool chemicals, fluorescent bulbs, and propane tanks.
  • an Otsego Lake Association June newsletter.
  • an informational booklet entitled “Clearwaters” sent out by New York Water Environment Association, Inc.  The booklet addresses challenges ahead for public wastewater systems, maximizing wastewater project planning activities, capital planning and Village of Boonville upgrades.

 

Chairman Breiten announced asking some of the Planning Firms why they did not respond to the Town’s Comprehensive Plan RFP.  Some stated that they didn’t have enough time and others felt the budget amount mentioned in the RFP was not enough for the amount of work requested.  It was the consensus of the Board to allow Chairman Breiten to resend the RFP’s allowing more time for a response.

 

Chairman Breiten opened the floor for comments.

 

Fly Creek resident Wayne Clinton wanted the Board to be aware of a complaint he filed with Zoning Enforcement Officer Sal Furnari.  The complaint is directed at his neighbors, Don and Gail Olin, whom he says are living in an RV on their hamlet property.  He presented the Board a copied list of alleged violations which the Board reviewed.

 

Don Olin asked for a copy of the complaint, which the Board gave him.  He stated that a violation notice was issued and they were scheduled to appear before the Zoning Board of Appeals next week.

 

Chairman Breiten stated that the Town Board meeting was not the forum to discuss code compliance issues concerning the Zoning Enforcement Officer’s job performance.

 

Ann Geddes-Atwell, also a resident of Fly Creek, felt it was better when the Town had their own Code Enforcement Officer.  She’s concerned that projects are not being inspected now that the Town has turned the Building Code Inspections over to the County.

 

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

 

General Savings:     $24,696.91                                                General Checking:   $ 35,722.69

Highway Savings:   $40,990.29                                     Highway Checking: $  69,867.01

Certificate of Deposit:  $1,100,000      

 

Chairman Breiten stated that he received the remainder of engineering expenses reimbursement ( about $45,926.00) from the State for the Main Street Bridge.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen to accept the Financial report as given.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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

            GENERAL:      #140-#159                                           $  21,179.18

            HWY:              #154-#184                                           $  72,950.81

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten stated that he noticed after reading ZBA minutes that they are reviewing applications for the first time and holding a Public Hearing for that same application all on the same night.  Breiten consulted with the Association of Towns who confirmed that, by law, the ZBA members must first deem the application complete and by a majority voted  schedule a Public Hearing.  Chairman Breiten will notify ZBA Chairman Tony Scalici of the correct procedure.

 

Zoning Enforcement Officer’s report was given by Sal Furnari.  Sal reported giving three (3) site visit approvals since last month.  Sal also stated that he is finding more and more sections of the Land Use Law unclear.  The most recent problem is with the Olins who are living in an RV on a 1-acre lot in the hamlet.  The law states that mobile homes are not allowed in the hamlet.  Is an RV considered a mobile home? Secondly the lot the RV is located on has a house being built on it.  The Land Use Law states that you are allowed one dwelling on a 1 acre lot in the hamlet.  Does the RV count as a second dwelling or does it count as one dwelling because the house has not completed or is the RV not count as a dwelling?

 

Chairman Breiten agreed that in order for the Land Use Law to hold up in court it needs to be clear and the Board should consider amending that portion of the law.

 

Sal asked, if it is determined that a violation does exist, does the Land Use Law state anywhere how much time an individual is given to correct the violation?

 

Attorney Margaret McGown stated that the law leaves it up to the discretion of the Zoning Enforcement Officer to determine the date and time the violation is to be corrected.  She went on to explain that anyone challenging a violation either with the court or ZBA is given stay.

 

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.

 

Superintendent of Highway report was given by Chairman Breiten in Louie (Spike) Boyd’s absence.  Fuel expenses are as follow:

 

FUEL               GALLONS                  TOTAL COST/MONTH         YTD GALS                 YTD EXP.

Gas                    271.8                             $    465.87                           1,051.1                      $  1,637.85

Diesel              1,628.0                             $ 2,943.98                          10,838.5                      $18,289.43

Heating   136.1                             $    248.38                          6,522.29                      $10,470.01

Svc.                                                         $      -0-                                                                  $     500.95

 

Councilman Michaels stated that the highway building committee reviewed 6 engineering firm RFP’s and they recommended that the Board select Clark Patterson Associates (CPA) to do the feasibility study and design of a new highway building for the Cemetery Road site.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to hire Clark Patterson Associates to conduct the feasibility study and design of a new highway building on the Cemetery Road site.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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.

 

After some discussion it was decided that Chairman Breiten will negotiate the terms and cost with John Martin, contact person with CPA.

 

Chairman Breiten reported explaining to Joe Middleton, representative at Bassett, that Bassett’s parking lot never had Town Planning Board approval. The approval they just received from the Village of Cooperstown to add 80 parking spaces has no relevance, because the parking lot is located in the Town of Otsego not the Village of Cooperstown. Chairman Breiten also suggested that he submit in writing a zoning change request because parking lots are not allowed in that district.

 

Chairman Breiten announced that Councilman Weir’s vacancy will be filled by the November election.

After some discussion it was decided that the Board would seek to fill the vacancy for the remainder of the year by advertising the position and interviewing interested applicants on August 10th before the regular meeting.

 

Councilman Michaels proposed that the Board schedule a Public Hearing for the proposed Land Use Law changes addressing Health Care Facilities and Storage Units.

 

After discussion a Public Hearing was scheduled for both  Health Care Facilities and Storage Units on August 10th at 7:00 PM at the Town Building.

 

Fly Creek resident Jim Atwell informed the Board that only Commissioner Mark Weir and Treasurer Betty Staffin and 60 residents attended the Fly Creek Fire Commissioners’ meeting that was scheduled for 7:00 PM.  The other four Commissioners and the secretary never showed up.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to go into Executive Session to discuss union negotiations.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Iversen, seconded by Councilman Michaels, 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.

           

Meeting ended at 8:30PM.

 

The next regular meeting will be held on August 10, 2005 at the Town Building in Fly Creek at 7:00 PM.

 

                                               

Respectfully Submitted

 

                                                                                                Pamela Deane

                                                                                                Town Clerk