The Regular Meeting of the Town Board of the Town of Otsego was held on the 10th day of August, 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

Sal Furnari                    Zoning Enforcement Officer

 

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

 

Chairman Breiten opened the Public Hearing for the proposed Land Use Law amendments concerning Senior Housing and Commercial Storage Unit Facilities.

 

Councilman Michaels introduced the proposed Senior Housing Facility.   Personally he feels that there is a need for a tiered  health care facility in this area and that the present law limiting the maximum building footprint size to 10,000 square feet is too restrictive. He asked for comments from the public.

 

Ann Geddes-Atwell from Fly Creek commented that she would like to see a buffer established along property lines and a size limit.

 

Sheila Ross of Fly Creek agreed with Councilman Michaels that a maximum blueprint size of 10,000 square feet is too restrictive.

 

Chairman Breiten acknowledged letters sent in response to the proposed Senior Housing Facility. Those who sent letters were all in favor of the proposal. (Bruno Talevi, John Ramsey, Edward Stack, Jane Patrick, Scottie Baker, William and Patricia Dornburgh, Ronald Bouton, Claire Kepner, Carol Hanlon, Franklin and Rosemary Gould, Charles Carrier and Dora Cooke. Ms. Cooke also suggested that age limits for the facility be set by the investor and not regulated by the Town’s Land Use Law.)

 

Chairman Breiten presented the Town Planning Board modified definition proposal for Commercial Storage Unit Facilities. In an attempt to preserve the architectural and land use character of the Town, the Planning Board felt a new definition for commercial storage was needed.  There were no comments from the public.

 

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 Iversen, to accept the July 13th minutes as given.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence he received since last meeting.

 

  • A letter from Peter and Vivienne Clark addressing their concerns with short-term rentals and B&B’s.  It’s their feeling that short-term renters should be made to obtain a yearly license and be owner occupied. There should be only a limited amount of B&B’s allowed in residential areas.  The increase in traffic and activity from B&B’s takes away from the tranquility of country living and increases wear and tear on taxable roadways as well as increased pressure on wells and septic systems.
  • A letter from James Wolff requesting that the Town Building parking lot and washrooms be available for the public on August 27th between the hours of 9:00 AM – 4:00 PM for the Community Yard Sale Day.

 

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to honor Jim Wolff’s request.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

           

  • A letter of interest from Gary Kuch to fill the vacant Council seat on the Town of Otsego Town Board until December 31, 2005
  • A letter from Zoning Board and Planning Board clerk Bill Deane, explaining that time commitment as clerk has increased considerably and respectfully asking the Board to consider upgrading his salary as they prepare the 2006 budget.
  • A letter from NYS Board of Real Property Services reporting that the Town of Otsego’s equalization rate has dropped from 53% to 49%.

 

Chairman Breiten opened the floor for comments.

 

Sheila Ross Republican Deputy Commissioner of the Board of Elections reported that the County will be, starting next year, responsible for paying all custodians and election inspectors.  The County will be taking over the voting machines as well. 

 

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

 

General Savings:     $24,696.91                                                General Checking:   $ 20,086.73

Highway Savings:   $40,990.29                                     Highway Checking: $ 36,828.80

Certificate of Deposit:  $950,000         

 

Chairman Breiten distributed a preliminary 2006 budget for the Board to review.  After discussion it was decided to schedule a budget workshop for September 7th at 7:00 PM.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to accept the financial report as given.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

At 8:00 PM approximately 30 Fly Creek residents who had just finished attending a Fly Creek Fire Commissioners meeting joined the Town Board meeting.  Jim Atwell acted as spokesman and reported that, at the Fly Creek Fire Commissioners meeting, there was a motion to pay the bills.  Patricia Rhyde and Patricia Pernat’s resignations were read and accepted.  A motion was made and seconded to appoint Fire Commissioner Julie Pernat Chairman.  The vote was unanimous in favor of appointing Fire Commissioner Julie Pernat Chairman.  Motion was made by Fire Commissioner Dean Colby seconded by Fire Commissioner Chairman Julie Pernat, to adjourn. Commissioners Pernat and Colby voted yes to adjourn. Commissioner Mark Weir voted no.  Commissioner Colby and Chairman Pernat then got up and left.

 

Weir asked if there are only three people present of a five-member board, does it require a majority of the Board, or Board present, in order for the Board to act after a vote.

 

Chairman Breiten replied that it takes a majority of the Board in order for the Board to act.  In the case of three members present of a five-member Board, the vote needs to be unanimous in order for the Board to act, otherwise the motion fails.

 

Mr. Atwell expressed that the residents are frustrated and concerned with the lack of leadership, stability and accountability the Fly Creek Fire District and Department have exhibited. The residents looked to the Town Board for any assistance or advice they could offer to help remedy the situation.

 

Donna Mulford added that meetings are not run in a professional manner nor are the officers’ conduct becoming of an elected official.  She stated that, after tonight’s meeting, she summoned a State Trooper  into the Fire Hall to help defuse a heated argument between Fire Chief George Chandler and Fire Commissioner Mark Weir.

 

Chairman Breiten stated proceedings can be started to have an elected officer removed if it is found that their conduct is not becoming of an elected official.  He warned that the proceedings would take a long time.

 

Chairman Breiten was sympathetic with all those concerned but stated that the Town Board really has no power over the Fire District.  He promised to call the Governor’s Office to see if there was anything they could do.

 

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

            GENERAL:      #160-#180                                           $  17,562.26

            HWY:              #186-#217                                           $272,811.82

 

Councilman Michaels asked Chairman Breiten if he anticipates any more bills from Bond, Schoeneck & King,  PLLC, Attorneys at Law.  Chairman Breiten stated that that all depends on how well the highway negotiations go.

 

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                    320.0                             $    588.00                           1,371.1                      $  2,225.85

Diesel                 658.0                             $ 1,240.33                          11,496.5                      $19,529.76

Heating   -0-                                 $    -0-                                6,522.29                      $10,470.01

Svc.                                                         $    -0-                                                                    $     500.95

 

Spike reported that al CHIP projects have been completed and the paperwork has been filed for reimbursement.

 

Chairman Breiten read a letter from John and Marilyn McGlynn asking if the Board would consider opening ¾ tenths of a mile at the end of Huff Rd. and/or extending Key Road to Pierstown Rd. This would provide year-round access for residents and provide alternate routes for fire and ambulance emergencies. They also inquired if the Town had any plans for paving sections of Wedderspoon or Key Road.

 

Spike replied that there will be improvements made to Key Road within the next 18 months.

 

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.

 

Sal Furnari’s Zoning Enforcement Officer’s report was reviewed by the Board.  Sal reported 5 site visits since last month and 1 Violation Notice which was sent to Cooperstown Central School and the Village of Cooperstown for an illegal parking lot on Linden Ave.

 

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.

 

Fire Chief George Chandler requested to speak.  Chandler stated that contrary to what the residents reported to the Board the Fire Department will continue to respond to all fire calls.  He also wanted it understood that the Fire Department had nothing to do with the Commissioner’s meeting.

 

Mike Staffin of Fly Creek stated that he was told by Assistant Fire Chief James Pernat, that the public should be worried because they were not going to respond to any fire calls.

 

Chandler reassured all those present that the fire department would be responding to all fire calls.

 

Watershed report was given by Councilman Iversen.  She reported that septic inspections around the Otsego Lake are going well.  People whose septic systems have failed are getting engineering studies done.

 

MOTION by Councilman Tucker, seconded by Councilman Michaels, to accept the Watershed report as given.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reported negotiating Clark Patterson Association’s feasibility study contract from $19,200 to $16,500.  The contract excludes a building design.

 

After discussion the Board authorized Chairman Breiten to sign the modified preliminary contract with Clark Patterson.

 

Town Clerk Pam Deane reported that Engineer Johannes deWaal has nearly completed the bid documents for the Town Building addition and renovation.  She requested permission to advertise a bid opening for September 14th at 9:00 AM.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen honoring Town Clerk Pam Deane’s request to advertise the Town Building addition and renovation bid opening for September 14th at 9:00 AM.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Town Assessor Ferdinand Thering explained to the Board that Key Bank is challenging their assessment and the Town has been served.  Thering requested that the Town Board hire Attorney Martin Tillapaugh to defend the Town.  He estimated that the appraisal on Key Bank and attorney fees would be between $2,500 -$3,500 each.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to retain Attorney Martin Tillapaugh to defend the Town in the Key Bank assessment litigation.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reiterated what the Town Zoning Officer reported concerning the violation notices served on the Village of Cooperstown and Cooperstown Central School regarding the illegal parking lot on Linden Avenue.  The parking lot is presently being leased by Bassett Hospital from the Village of Cooperstown.  Councilman Michaels proposed that the present commercial zone be expanded.  Chairman Breiten suggested that the Board wait until the preliminary plans to improve Linden Avenue are ready.

 

The Board discussed the short-term rental draft, the proposed senior housing rule and the need for other revisions to the current Land Use Law, such as to Section 4.04.   It was decided that Senior Housing should be changed to Adult Housing Facility and allowed in RA 2 instead of RA 1.  A workshop date was set for September 1st at 7:00 PM.

 

Attorney McGown reported receiving the Cooperstown Fire District contract and is still unsatisfied with the wording.  She will meet with Village Attorney John Lambert to discuss changes.

 

Attorney McGown stated that land on Marble Road owned by the Town which was contracted to be sold to Urbis, Corbett, and Hummel has been finally been sold; however, one of the checks that she received was several years old, so she will contact Attorney David Clinton to issue a new one.

 

Chairman Breiten stated that the Town needs to establish an agreement with the Village of Cooperstown concerning Death Certificates.  The Village of Cooperstown Clerk and Deputy are presently acting as the Town of Otsego registrars.  The fees collected, now substantially more due to the County Nursing Home being relocated to the Town of Otsego, rightfully belong to the Town of Otsego, not the Village of Cooperstown.  Attorney McGown agreed to research whether the Town is entitled to fees generated by the death certificates if they are not the ones collecting it.

 

Given that the Board of Assessment Review member’s term ends September 30th the Board authorized Town Clerk Pam Deane to advertise the position now held by Jim Tallman.

 

Chairman Breiten stated that he has researched investing some of the Town’s money with MBIA Investment Accounts. The advantages with investing with MBIA is they credit interest daily, there is no minimum amount required, there are no penalties, and you may take out any given amount within 48 hours’ notice.  The disadvantage is the interest they offer fluctuates and is often slightly lower than a Certificate of Deposit.  Not being able to predict how much money will be needed to cover expenses each month creates an uncertainty as to how much to invest at a time. Breiten feels the Town would make the same amount of interest, if not more, with MBIA given the fact there is no penalty or time limit on the investment.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, authorizing Chairman Breiten to sign the Investment Policy resolution with MBIA.  However, if terms can be matched by a local investor, the Supervisor will invest then with them.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 55)

 

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

 

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.

 

After some discussion it was decided by the Board not to fill the Town Board vacancy left by Councilman Weir’s death.

 

MOTION by Councilman Tucker to adjourn.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

           

 

The next regular meeting will be held on September 14, 2005 at the Town Building in Fly Creek at 7:00 PM.

 

                                               

Respectfully Submitted

 

                                                                                                Pamela Deane

                                                                                                Town Clerk