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 added to the minutes.