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