A Public Hearing and Monthly Meeting of the Town Board of the Town of Otsego were held on the 11th day of August, 2004 at the Town Building, Fly Creek, NY at 7:00 PM.

 

            PRESENT:

            Tom Breiten                             Chairman         

            Leslie Weir                               Councilman

            George Tucker             Councilman

            Nancy Iversen                          Councilman

            Bill Michaels                             Councilman

           

            ALSO PRESENT:

            Pam Deane                               Town Clerk

            Louie (Spike) Boyd                  Highway Superintendent

            Jane Berry                                Zoning Enforcement Officer

            Margaret McGown                   Town Attorney

           

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

 

Chairman Breiten opened the floor for public input on the Small Cities Grant application.

 

Ann Geddes-Atwell of Fly Creek spoke in favor of the grant.  She would very much like to see aesthetic growth, bike paths and an increase in tourism.

 

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

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to accept the Minutes of July 14th as presented.

 

MOTION CARRIED: Chairman Breiten, Councilman Tucker, and Councilman Weir voted aye.  Councilmen Iversen and Michaels abstained.

 

Chairman Breiten opened the floor for comment.

 

Ann Geddes-Awell asked the Board if weekly rental guidelines have been drafted yet, and if any of her proposed suggestions that were e-mailed to Chairman Breiten were helpful.

 

Chairman Breiten and the Board briefly discussed Ann’s suggestion to include definitions for parking and bedrooms in the weekly rental guideline .  Also discussed was the importance of the Zoning Officer having the authority to rescind a permit if there were repeated legitimate complaints about a particular property, and the importance to include a contact number on the permit.

 

The Planning Board had expressed the need for definitions and enforcement language as well.  They would also like assurance that the homeowner has liability insurance.  The Town Board disagreed with  the need for proof of liability insurance to obtain a permit.

 

It was decided that Councilman Iversen and Zoning Officer Jane Berry would collectively produce a final weekly rental draft for the Board to review at its September monthly meeting.

 

Dora Cooke, a resident of Fly Creek and Town Justice, asked the Board to consider appropriating money in next year’s budget towards building maintenance.  She pointed out that the siding is coming off the building, the parking lot is full of potholes, the trim is peeling, the lighting is awful, and some of the telephones don’t work.  One resident attending court had referred to this building as a dump, another as the Town Shack.

 

Sheila Ross, also a Fly Creek resident, stated that the weather stripping is coming off and hanging from the garage doors at the highway garage, and that building also needs paint.

 

Councilman Tucker will get estimates to address the buildings’ outside maintenance.

 

Chairman Breiten read correspondence received since last meeting.  Among it was a letter from attorney Ellen Coccoma.  Deborah Kantor, owner of Portabello’s restaurant, had asked that the Town’s Zoning Board of Appeals decision, that outside seating was part of the site plan review process, be overturned.  NYS Supreme Court, Appellate Division denied Ms. Kantor’s request.

 

Chairman Breiten read a letter from L. T. Bookhout, Inc. stating that the anticipated total fee to appraise the Baseball Hall of Fame, Bassett Hospital and the Otesaga Resort would be $37,000. The Village of Cooperstown has agreed to pay two-thirds, leaving the Town of Otsego to pay the remainder one-third.

The revaluation agreement with Kathleen Chase has been signed by all parties and should be starting soon.

 

Chairman Breiten read a letter from Bassett Hospital, stating that the Village of Cooperstown is seeking site assessment planning and other services for the extension of Linden Avenue South.   The project will serve as Southern Gateway to Village of Cooperstown, providing parking for 500 vehicles of all sizes and types, a reception and rest center of an architectural style that matches the architecture of nearby structures, a safe pedestrian bicycle path from Walnut Street extended southward on Linden Avenue, and development on the site to accommodate two youth baseball diamonds. The consultant will be required to coordinate the site assessments and plans for this project to meet the objectives of the Village of Cooperstown, Cooperstown Central School, and the Town of Otsego.

 

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

            GENERAL:      #183-#198                                           $ 40,442.51

            HWY:              #211-#231                                           $ 45,938.31

 

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:  $377,449.77                         General Checking:  $55,738.11

            Hwy Savings:       $545,996.92                                     Hwy Checking:       $34,085.25

 

Chairman Breiten stated that both sales and mortgage tax revenue checks have been averaging higher than last year.

 

Chairman Brieten explained that the Town has $45,000 in the Hwy Capital Account.  In December of 2003 the Board reserved an additional $33,051.32 in the highway account.  He proposed that that amount be transferred to the Hwy Capital Account.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to first change the Hwy. Capital Account to read Hwy. Capital Reserve Bank Account, and second transfer $33,051.32 from the highway account to the newly-named Hwy Capital Reserve Bank Account.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 37)

 

MOTION by Councilman Tucker, seconded by Councilman Michaels, 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                    200.0                             $   281.00                            1,417.7                      $  1,843.02

Diesel                750.00                            $   924.75                         12,192.40                     $14,529.55

Heating      -0-                                      -0-                                 -0-                            $  8,627.27

Svc.                                                         $   459.27                                                               $  3,326.54

 

Spike reported that only one bid was submitted as a result of the RFP for the evaluation of the Highway Garage on County Highway 26.  The proposal was from Spectra Engineering, Architecture, and Surveying, P.C. in the amount of $2,600.  For that amount Spectra would agree to:

            An on-site evaluation of the existing buildings:

                        Structure, Envelope, Heating and Cooling Systems, Electrical System and Oil                                            Containment. 

            A written report containing:

                        A list of the site evaluation findings, a list of required repairs and upgrades, an estimated                         construction cost for repairs and upgrades, a written section on the general cost of a new                         facility, and recommendation based on the findings.

            Presentation of the feasibility study to the Town of Otsego.

 

 

MOTION by Councilman Michaels, seconded by Councilman Weir, to accept Spectra’s proposal.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten pointed out that the highway department has not had a new dump truck in several years. The plan was to replace one every year. There was discussion among the Board and Spike in doing a cost /benefit analysis to determine the type of truck that might best suit the Town.  Maneuverability seemed to be the biggest concern. It was decided that Spike would submit specifications for a new truck next month.

 

Chairman Breiten asked the Board their opinion on paving the Town Building parking lot this year. Spike estimated the project cost to be $7,200.

 

Councilman Michaels felt that the paving should wait until it is known whether the Town will be *granted money from Senator Seward to adding on an addition to the Town Building, and what Spectra’s recommendation is concerning the Highway Garage. He also expressed concern with drainage where the truck wash is located. Councilman Michaels stated that there is a master plan currently in progress with this facility. You normally pave after, not before your plan is completed. *He questioned whether or not the Town should be paving over two 30 year old steel septic tanks. In regards to the pot holes in the driveway he felt it was the responsibility of the highway department to be patching them. That is one of the many duties of the high crew is to patch holes.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to pave the Town Building parking lot.

 

MOTION CARRIED:  Chairman Breiten, Councilman Tucker, Councilman Weir, and Councilman Iversen voted aye.  Councilman Michaels voted no.

 

MOTION by Councilman Tucker, seconded by Councilman Weir, to accept the Superintendent of Highway report as given.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Jane Berry gave a Zoning Officer’s report. Zoning Permits issued since last month are as follow:

     New Residential:   2 - Value $288,000            Residential Additions:  3-Value $258,000

     Land Use/Zoning reviews: 70          

 

Jane stated that the Town is facing tremendous pressure on residential growth and development. She gave a brief summary on Planning Board and ZBA activity.

 

Jane introduced the Urban Forestry Grant, which she was approached by Chairman Breiten to explore. 

She explained that it was a matching grant and the maximum amount one could apply for is $22,500.  The Town could apply “In-Kind Service” to the match instead of money.  Jane proposed applying for the maximum $22,500 for tree planting along Cemetery Road and also around the Town Building on County Highway 26.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, authorizing Jane to apply for the Urban Forestry Grant.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 38)

 

Jane requested permission to attend the Planning and Zoning Conference at Lake Placid on September 19-22.  Attorney McGown felt the conference would prove to be very beneficial and also expressed an interest to attend.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to send Zoning Officer Jane Berry and Town Attorney McGown to the Planning and Zoning Conference.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reported that the Town has received notification that NYSEG is contesting their assessment and is seeking a $920,600 reduction.  The Town has been scheduled to appear before the Supreme Court in Norwich on September 17th.  After some discussion; it was decided that Town Attorney McGown would take this as far as she could but the Town might need to hire another attorney more experienced with this type of case. Town Assessor Ferd Thering stated that NYSEG did not follow the proper procedure when asked to submit an inventory to him, and on that basis he is hoping that the case will be dismissed.

 

The Board reviewed proposed changes to the Land Use Law submitted last month by the Planning Board.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to schedule a Public Hearing on the proposed Land Use Law revisions for September 8th at 7:00 PM.

 

MOTION CARRIED:   Chairman Breiten and all Councilmen voted aye.

 

Paul Poulos, a resident of Fly Creek, reminded the Board that he had asked to be put on the August agenda to continue talking about the highway contract negotiations.  He wondered why he was not on the agenda.

 

Chairman Breiten responded by saying that he purposely left him off the agenda because he didn’t believe there was anything to be gained from a public discussion such as they had last month. Chairman Breiten suggested that Mr. Poulos send his comments in writing and he would be glad to read them during the meeting under correspondence.  He also invited Mr. Poulos to talk with him in his office at a time that was convenient for both of them.

 

Mr. Poulos objected to the Board discussing the highway contract negotiations in secrecy in Executive Session.  It was his feeling that the taxpayers in this Town have a right to know what the Board is discussing.

 

Chairman Breiten explained that the public has an opportunity at the beginning of the meeting to comment or ask questions on anything they would like the Board to hear.   The Board is not required to open the floor to the public.  The meeting is for the benefit of  Town Board and they are the only people that have a right to speak.  Chairman Breiten  thinks  it is important to limit public comment to the beginning of the meeting.

 

Mr. Poulos asked how one gets something on the agenda.

 

In reply Councilman Michaels stated “Through one of your representatives.”

 

Mr. Poulos then started shouting profanity (*&$%##^).

 

Chairman Breiten informed Mr. Poulos that the Board is not here for his abuse. Mr. Poulos was then asked to remove himself from the meeting or the Sheriff’s department was going to be summoned.

 

MOTION by Councilman Iversen, seconded by Councilman Michaels, to recess the meeting.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Mr. Poulos voluntarily left the meeting.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to reconvene.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The Board discussed the scheduling of a budget workshop.  It was decided that Chairman Breiten would draft a proposed budget for the Board’s review by next month’s meeting.

 

 

MOTION by Councilman Iversen, seconded by Councilman Michaels, to go into Executive Session to discuss potential litigation and CSEA contract negotiations.

 

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.

 

Chairman Breiten announced that, while the Board was in Executive Session, no action was taken regarding the CSEA contract negotiations.  Also discussed was the sign permit erroneously issued to Daniels Brothers Auto.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, that the Town of Otsego purchase the 1993 Ford Escort and copy change sign for $3,100 from Daniels Brothers Auto, contingent upon signing an agreement with an authorized representative of Daniels Brothers Auto relinquishing the permit and signing ownership of the 1993 Ford Escort over to the Town of Otsego.  Daniels Brothers will also agree not to take any legal action relevant to the Town rescinding the sign permit. 

 

MOTION by Councilman Iversen, seconded by Councilman Weir, to adjourn.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

Meeting ended at 10:00 PM.

 

The next regular meeting will be held on the 8th day of September, 2004 at 7:00 PM at the Town Building in Fly Creek.

                                                                                                           

                                                                                                            Respectfully Submitted

                                                                                                            Pamela Deane/Town Clerk

                                                           
* wording asked to be omitted from the minutes.
* wording asked to be added to the minutes.