A Public Hearing and Monthly
Meeting of the Town Board of the Town of Otsego were held on the 8th day of
September, 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 proposed Land Use Law changes.
John Phillips, representing the
Town Planning Board, asked the Town Board to consider adopting the proposed
changes to sections 4.04 and 2.07 only and table those to section 2.02. He
stated that the Planning Board had no objections in removing the maximum 10,000
square feet requirement for Health Care Facilities under the list of Special
Permitted Uses in the RA-1 district, but felt that a list of Special
Requirements need to be drafted first.
MOTION by
Councilman Michaels, seconded by Councilman Iversen,
to close the Public Hearing.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten
called the regular monthly meeting to order.
Councilman Michaels pointed
out changes he would like to see in the August minutes.
MOTION by
Councilman Iversen, seconded by Councilman Tucker, to
accept August minutes as amended.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye. (See August minutes for amendments.)
Chairman Breiten
open the floor for comment and questions.
Ann Geddes-Atwell
of Fly Creek asked the Board what the average mileage is on the highway trucks
when they are replaced.
Chairman Breiten
had no answer but stated that he would be meeting with Highway Superintendent
Spike Boyd on another matter, and would pose her question to him then.
John Phillips stated that the
Planning Board was given an opportunity to review the Short Term Rental
Committee’s proposal. He strongly
disagreed with many aspects of the proposed law. The Board agreed that many of his points were
valid concerns. He agreed to type up his
concerns and attend the committee’s next workshop.
Fly Creek resident James
Ainslie and Cooperstown resident John Kosmer both
expressed concern about the complaint process.
Kosmer stated that owners should still be
given the right to continue operation until the complaint is resolved.
Sheila Ross of Fly Creek
stated that she liked the fact that Town of Milford’s
short-term rental regulations were simple.
It was her opinion that the short-term rental regulations proposed by
the Town of Otsego’s committee are far from simple.
It was decided by the Board
to schedule another short-term rental regulation workshop on Monday, September
13th at 9:00 AM.
Chairman Breiten
read correspondence received since last meeting. Among it was a letter from the
Association of Towns requesting the Board’s immediate action on a State Budget
issue which will affect most town budgets.
The Legislature passed budget legislation, which will adversely affect
the return of significant court fee revenue to towns. Chairman Breiten stated that, due to this budget legislation, our
court fee revenue would be reduced by approximately $5,000.
Chairman Breiten
stated that he received and signed a service agreement from Spectra Engineering,
Architecture and Surveying, P.C. They
hope to come and inspect the highway garage next week.
Chairman Breiten
read a letter from the Office of the State Comptroller’s Office informing the
Town Board that back in December 2003 Governor Pataki and the NYS Conference of
Mayors proposed changes effecting payments to the NYS Retirement Systems. These changes were subsequently passed by the
State Legislature and signed into law by the Governor. The December 15 payment due date has been
changed to February 1, 2005. Chairman Breiten stated that the town was billed $45,000 toward town
employees retirement.
Chairman Breiten
submitted a financial report. Balances
are as follow in the various accounts:
General Savings:
$377,449.77 General
Checking: $19,604.29
Hwy Savings:
$492,945.60 Hwy
Checking: $35,603.29
MOTION by
Councilman Michaels, seconded by Councilman Iversen,
to accept the Financial Report as presented.
MOTION CARRIED: Chairman Breiten
and all Councilmen voted aye.
MOTION by Councilman Iversen,
seconded by Councilman Michaels, to pay the following invoices:
GENERAL: #201-#220 $
18,584.25
HWY: #234-#263 $
88,217.91
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
In Spike Boyd’s absence
Chairman Breiten submitted the Superintendent of
Highway report. Fuel expenses are as
follow:
FUEL GALLONS TOTAL COST/MONTH YTD
GALS YTD EXP.
Gas -0- $
-0-
1,417.7 $ 1,843.02
Diesel 1,419.1 $ 1,848.64 13,611.5
$16,378.19
Heating -0- -0-
7,337.3 $ 8,627.27
Svc. $
459.27
$ 3,326.54
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
Enforcement Officer’s report. Zoning Permits issued since last month are as
follow:
New Residential: 4 - Value $290,000 Residential Additions: 4-Value $194,000
Land Use/Zoning reviews: 82 Property boundary Changes: 8
Minor Subdivisions: 1
Jane stated that the Town is
facing tremendous activity on residential growth and development. She gave a
brief summary on Planning Board and ZBA activity. Jane stated that her hours in August exceeded
what is currently budgeted by the Town Board.
She requested that her hours be expanded by 5 hours a week.
MOTION by
Councilman Tucker, seconded by Councilman Weir, to accept the Zoning
Enforcement Officer’s report as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The Watershed report was given
by Councilman Iversen. Ted Peters and Stu Taugher will be inspecting approved septic systems, making
sure applicants are installing them in the same manner in which the system was
proposed and approved. Inventory surveys mailed out are more than 60% completed. Response from non-resident owners has been a
problem. It was suggested that certified
letters be sent, asking owners if they received the first inventory survey. Another issue discussed was a local waiver
for commonly engineered septic systems. Using one of the four pre-approved
engineered systems would save residents the expense of designing their own.
MOTION by
Michaels, seconded by Councilman Tucker, to accept the Watershed report as
presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The Board moved on and
discussed at great length the proposed Land Use Law changes.
Councilman Michaels argued
that he wanted the revisions to Section 2.02 adopted along with those to
Sections 4.04 and 2.07. Removing 10,000 square feet in building footprint size
requirement for Health Care Facilities has been on the table for the last two
revisions and both times taken out. This is an issue that is very close to
him. He feels that continually removing
this particular revision will send the wrong message. He asked that the Board adopt the proposed
revisions to Section 2.02 just to get the ball rolling, applying the same
Special Requirements used for Recreational Facilities. Councilman Michaels stated that he would
support any additional requirements the Board proposed for Health Care
Facilities in the future.
Councilman Iversen believes that by removing the 10,000 square feet in
building footprint size from Health Care Facilities leaves too much room for
interpretation. She prefers to err on the side of caution.
Zoning Enforcement Officer
Jane Berry stated that she would like to see the requirements for Health Care
Facilities articulated before adoption and was in favor of tabling the proposed
changes to Section
2.02 at this time. She pointed out that
there is a difference between a Medical Health Care Facility and Congregate
Living for the elderly.
Planning Board members John
Phillips and Lin Vincent both stated that the Planning Board welcomes this type
of facility and agrees that no one is going to build this type of facility if allowed only
10,000 sq. feet. However, they also
would like to see a list of Special Requirements, and asked that the proposed
changes to Section 2.02 not be adopted at this time.
MOTION by
Councilman Iversen, seconded by Councilman Tucker, to
adopt the proposed revisions to Sections 4.04 and 2.07.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by
Councilman Michaels to adopt the proposed revision to Section 2.02.
There was no second and
Councilman Michaels withdrew his Motion.
Chairman Breiten
addressed litigation
where NYSEG is arguing that they are over-assessed by $920,000. He talked to Attorney Richard Harlem who
represented the Town of Milford during their litigation with NYSEG. Attorney
Harlem revealed that Milford spent $80,000 on assessment costs and $15,000 on
attorney fees. Town Attorney Margaret McGown will meet with Attorney Harlem and take this case as
far as she can. The assessment of the
NYSEG properties needs to be done by an assessor who specializes in electric
company properties. Chairman Breiten stated that the Board would have to keep this in
mind while preparing the 2005 budget.
Chairman Breiten
read a letter of resignation from Laurie Denmeade and
Joseph Pestar, stating that due to overwhelming
obligations in both of their professional and personal lives,
they would no longer be able to continue the dog census. Because they did not
canvas the entire town, which was what they had promised to do, Councilman
Michaels’ questioned whether they should be paid the full amount
.
Attorney McGown
reported that she was not satisfied with the contract between L.T. Bookhout, Inc., the Village of Cooperstown and the Town of
Otsego. The contract is clear that L. T.
Bookhout, Inc. will assess the Baseball Hall of Fame,
Bassett Hospital and the Otesaga Resort for
$37,000. The Town of Otsego has agreed
to pay the Village of Cooperstown $13,000 toward the professional services
provided by Bookhout.
The way the contract reads the Town of Otsego and the Village of
Cooperstown are equally liable for the whole amount.
Chairman Breiten
read a proposed resolution establishing a Capital Reserve Fund to be known as
the Property Revaluation Reserve Fund, to accumulate monies to finance the cost
of a Town-wide property revaluation.
MOTION by
Councilman Tucker, seconded by Councilman Weir, to adopt the proposed
resolution.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
RESOLUTION ADOPTED:
Resolution Docket pg. #39
Chairman Breiten
presented a draft for the 2005 budget, which was reviewed by the Board.
Specific items of consideration were a new highway dump truck, town
revaluation, NYSEG litigation, dry hydrants, and planning for highway garage
and Town building renovations. A committee was formed to establish building and
office needs at the Town building. Asked
to serve on the committee were Pam Deane, Dora Cooke, Jane Berry, and George
Tucker. After discussion it was decided to schedule a budget workshop for
September 14th at 9:00 AM.
MOTION by
Councilman Tucker, seconded by Councilman Iversen, to
go into Executive Session to discuss union contract negotiations and personnel
matters.
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
stated that, while in Executive Session, the Board discussed the highway CSEA
union contract and the Zoning Enforcement Officer’s salary.
MOTION by
Councilman Iversen, seconded by Councilman Tucker, to
pay Zoning Enforcement Officer Jane Berry for an additional 5 hours a week for
the remainder of the year.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by
Councilman Michaels, seconded by Councilman Weir, to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Meeting ended at 9:30 PM.
The next regular meeting will
be held on the 13th day of October, 2004 at 7:00 PM at the Town Building in Fly
Creek.
Respectfully
Submitted
Pamela Deane/Town Clerk