The Regular Meeting of the Town Board of the Town of Otsego was held on the 14th day of September, 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 Storage Unit Facilities and the Lakeshore Protection District.

 

Chairman Breiten briefly explained each proposal.

 

There were no comments or questions 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.

 

Councilman Michaels asked that the August 10th minutes be amended by striking the word four in front of tier health care facility and change tier to tiered.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen to accept the minutes of August 10th as amended and September 1st and September 7th as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence he received since last meeting.

 

·        A letter of interest from James McNulty to serve on the Board of Assessment Review.  The Board will schedule to meet Mr. McNulty at 6:45 PM on October 12th before the monthly meeting.

·        A letter announcing a meeting to be held by Environmental Finance Center Public Finance Management Program on “Waste water for local representatives: protecting and maintaining waste water infrastructures.”  The letter, along with registration information, was given to Councilman Iversen.

·        A letter from Sheila Lord stating that, when the Town’s road crew was clearing brush along the edges of Huff Road last month, she complied with the direction of the flagman and drove over some wood debris on the road. She noticed after arriving at her workplace in Cooperstown that her tire was flat as a result of a stick  in her tire.  She was requesting reimbursement for replacement of the tire in the amount of $201.42. Chairman Breiten stated that he feels the Town needs to be careful not to set a precedent if it has no legal liability. Town Attorney Margaret McGown will research the Town’s obligation further.

·        A letter from Jeanne Hulse urging the Town Board to do all they can to preserve the rural character of Pierstown.  She feels that out-of-scale baseball camps have overburdened our area with demand for short-term rental housing, and that the entire Town of Otsego would be ill-served to allow itself to take a passive approach to developers who are driven purely by profit.

 

Chairman Breiten opened the floor for comments.

 

Larry Pelofsky asked if the Board was going to appoint anyone to fill the vacancy left by the death of Councilman Leslie Weir.

Secondly, he wanted to know why a consulting firm was being sought for the Town’s Master Plan revision when a committee has been working on this for 2 years, and wondered what progress the committee has made to date. Thirdly, Mr. Pelofski stated that at a meeting at the Pierstown Grange, Planning Board Chairman Jonathan Bass made the statement, referring to residential zones, “If it isn’t in the law it is not allowed.”  Mr. Pelofski asked what the Town plans to do about enforcing the law on short-term rentals when people start making reservations in November.

 

Chairman Breiten replied that legislation recently proposed concerning short-term rentals, was defeated by the Town Board.  It’s questionable that short-term rentals are not allowed just because they’re not addressed in the Land Use Law. It has never been determined by the Zoning Board of Appeals or challenged in a court of law.  In answer to why the Board is seeking a consulting firm to help with the Comprehensive Plan, the committee has realized that they don’t have the time or the expertise to continue.  It is far more complex then anyone on the committee had anticipated. In response to the question “Is the Board going to appoint anyone to fill Councilman Weir’s seat?” he believes Councilman Michaels is going to address that later in the meeting.

 

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

 

General Savings:     $130,226.91                                              General Checking:   $   5,525.01

Highway Savings:   $       285.29                                               Highway Checking: $ 18,775.15

Certificate of Deposit:  $950,000.00    

 

Chairman Breiten reported that spending is still under budget.

 

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

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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

            GENERAL:      #182-#221                                           $  26,106.29

            HWY:              #219-#248                                           $  80,165.45

 

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                    233.0                             $    475.32                           1,604.1                      $  2,701.17

Diesel              1,220.5                             $ 2,431.84                          12,717.0                      $21,961.60

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

Svc.                                                         $    -0-                                                                    $     500.95

 

Spike also submitted an annual inventory to be filed with the Town Clerk.

 

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.

 

Planning and Zoning report was given by Planning Board Chairman Jonathan Bass.  He reported that the Planning Board acted on a breakfast and lunch café application located at the light in Fly Creek, a minor subdivision, site plans within 500 feet of the lake, and Cellular One Cell Tower modification requiring a thorough description of work to be performed. Bass then presented a proposal on behalf of the Planning Board, slightly changing the Land Use Law definition of “Service Trade Establishments,” for the Board to review.  Zoning Enforcement Officer Sal Furnari had nothing further to add.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the Planning and Zoning report as given.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

 

 

 

 

 

Watershed report was given by Councilman Iversen.  She stated that Ed Olsen is inspecting and taking pictures of the septic systems around Otsego Lake.  As of September 8th there have been 74 inspections.  Of those, 37 passed, 35 failed, and 2 are still undetermined.  Of the 35 failures, 20 required complete system replacements, 5 require only a tank replacement, and 10 required grey water lines to be re-routed to the septic tank.  The majority of the failures continue to be due to corroded metal tanks, and because of their age, most of these are suspected to be connected to seepage pits.  For these, complete replacements are being required.  There are also failures due to grey water lines not being connected to the septic tank.  Property owners are being given 1 year for a complete replacement and 6 months to correct grey water lines.  A total of 90 inspections will be completed this year.  This compares to a target of 65.

 

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 read the Dog Officer Report sent in by Dog Officer Wolfgang Merk.  Mr. Merk reported receiving 4 calls in July relating to stray dogs, all located outside the Town.  The calls were all referred to the proper agencies. Mr. Merk reported picking up one stray and addressing one barking dog complaint in August.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to accept the Dog Officer report as given.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten announced receiving 5 proposals for the Comprehensive Plan revision.  They were as follow:

            Saratoga Associates                 $74,865.00

            L.A. Group                              $75,725.00

            Behan Planning Assoc.  $98,000.00

            Nan Stolzenburg                       $63,555.00

            Clark Patterson                        $59,530.00

 

After discussion it was decided that the Comprehensive Plan Committee would collectively review the proposals and make a recommendation to the Town Board.

 

Chairman Breiten stated that at the Board’s workshop held on September 1st, Velma Armstrong, Martha McGown, and Vivienne Clark, representing the newly created organization “Preserve Our Pierstown,” presented  a petition with 117 signatures requesting minimum lot sizes to be increased to 20 acres, or alternatively, five acres if water sufficiency for the lot and for the neighbors can be assured by testing or bond. He asked the committee that night to map out on a parcel map the location of those who have signed the petition.

 

Velma Armstrong submitted additional signatures bringing the total number signed to more than 150 residents.  She also presented a parcel map highlighting locations of residents who have signed the petition.  She emphasized that Pierstown residents are concerned that their rural way of life is going to be compromised with all the subdividing that is happening in the area. Ms. Armstrong pointed out that the Town originally had 5-acre zoning until July of 1995. She asked the Board to consider an immediate moratorium on subdivisions in RA-1 while there are no applications being considered at this time by the Planning Board.

 

Vivienne Clark presented a proposed Motion whereby Section 2.02, “Residential-Agricultural 1 District (RA-1)” be amended by adding the Pierstown Overlay District (POD).  Special requirements for that district would include: 

Lot size: 20 acres, or alternatively, 5 acres if water sufficiency for the lot and for that of 

the neighbors can be assured by testing or bond.

Minimum Road Frontage:  300 ft.

Side Yard Setback: 50 ft.

Back Yard Setback:  50 ft.

 

Victor Salvatore strongly urged the Board to adopt a moratorium on subdivisions while they carefully think through what impacts they might have in the Town.  He urged the Board to look closer at clustering. Salvatore thinks increasing 3-acre to 5-acre zoning won’t solve the problem. Development drives school taxes up. He is very much in favor of the Board enacting a moratorium on subdivisions in Pierstown.

 

Maryann Whelan questioned how anyone can know what happens to the water supply around you until the well is drilled and used.

 

Chairman Breiten stated that possibly the GIS department at the County has a map indicating well yields.  The subdivision application review process requires SEQR review which addresses impacts on water and air quality.

 

Bill Coleman believes the owner of property should have to demonstrate that there is enough water so not to affect the surrounding properties.  He also feels changing the minimum acreage to 20 will drive the price of property sky-high.   He feels reinstituting the 5-acre minimum would be to everybody’s best advantage, since the difference between 5 and 20 is pretty drastic.

 

Chairman Breiten stated that before you have development, you need to know what it’s going to do for your Town. You’ve got to look at the impact on the rest of the Town and make sure those parcels zoned with large lot sizes have tax base enough to pay the road maintenance and snow removal.

You need to know the financial impacts.

 

John Kosmer asked under what point is it legitimate for the Board to begin the process of undergoing consideration because someone says they no longer have water.  What if the person who has run out of water did so as a result of the well being only 35 feet deep when it was dug 45 years ago, and not as a result of more development in the area?

 

Ester Cullum stated that she moved here recently from a part of the country suffering from unbridled development, and chose to move into the area specifically because of its rural character. She feels people need to go out of their way to preserve it.

 

Deborah Sentochnik echoed Ms. Cullum’s comment.  She too has come from an area that was once rural and then houses appeared, side-by-side, one after the other.  People’s lifestyle was compromised forever.  The people who have bought homes in a rural setting have chosen this lifestyle and she believes it needs to be protected.

 

Martha Frey states that it sounds like the people in Pierstown’s objective is to lower the density in an effort to preserve the rural character of their neighborhood. She pointed out that there is more to consider than lowering density.  How you site the houses on the landscape is equally important.  She applauded the Board in looking to outside expertise to guide them through the process.

 

John Kosmer said one could make the case to those who have recently moved here, moved to an area zoned  three-acre parcels. He then added that if people are worried about the subdivision of  large parcels of land they should get together, buy it, and donate it to a land trust.  It seems to him that those in favor of the petition want somebody else to pay the bill.

 

Ester Cullum made clear that she was repeatedly told by realtors that the Town had a Land Use Law regulating road frontage and how many houses could be built.

 

Larry Pelofsky in response to Mr. Kosmer’s statement, stated that he feels it is the government’s function to determine whether we are going to have zoning or not and what that zoning is going to be.  The Town chose to have zoning many years ago and, while there have been some changes to it, the essential nature of Pierstown is an agriculture/residential area and the folks that live their now would like to see that character continue. He thinks preserving agriculture/residential rural nature historically is important for the character of the entire country.

 

Peter Cullum encouraged the moratorium.

 

Attorney McGown commended all the people for taking the time to come out for the Town Board meeting and encouraged them to stay involved in helping the Town Board and Planning Board through the process and finding a balanced solution.

 

Councilman Iversen feels more zoning districts should be created. She also stated that she would like to see a moratorium implemented now before it is needed.  When they look at the Comprehensive Plan they look not only at districts but also neighborhoods. There is a big variation in parcel sizes in Pierstown.  A little hamlet is already starting to grow with all the subdivisions that have been done.

 

Councilman Michaels stated that Cooperstown School District enrollment is decreasing and the cost is increasing.

 

Chairman Breiten stated that it is a known fact that residential development is the most costly for a town.

 

Martha Frey stated that the more you build, the more the infrastructure is increased, and therefore services must be increased.

 

Councilman Michaels pointed out that a lot of the people present purchased their large parcels knowing it was 3-acre zoning.

 

Chairman Breiten suggested that changes to the Land Use Law could be made based on the existing Master Plan rather than wait until a revised Comprehensive Plan has been adopted.

 

Martha Whelan corrected those present who kept referring to the preservation of the rural character of Pierstown. In her opinion it isn’t rural character but pastoral character people want to preserve. Rural character can be a trailer owned by a guy that beats his wife, with a meaner than hell junkyard dog that is tied with a chain, is left outside, and howls all night long, and empty beer bottles are lined up outside the door.  Be careful you don’t get what you wish for.

 

George Hymas thinks 3-acre zoning is enough.  He is not in favor of increasing it to 5 acres.

 

Councilman Iversen asked Chairman Bass how long of a process is it before a subdivision is approved by the Planning Board.

 

Chairman Bass replied that a minor subdivision generally takes 3 to 4 months.  A major subdivision can take up to a year.

 

Given the number of residents concerned the Board was in agreement to propose for public hearing the enactment of a moratorium for 6 months on all major subdivisions in RA-1 and RA-2.  Attorney McGown will draft the appropriate language for the Board to review at their next meeting.  At that time a public hearing date and time will be scheduled.

 

Councilman Michaels asked for a 5-minute recess.

 

The Board reconvened 5 minutes later, at which time Fire Department attorney Mr. Pinski asked permission to speak.

 

Mr. Pinski stated that the Town people have turned on the Fire Department, firemen have been harassed at home and at work, and as a result have promised to quit by December.  Mr. Pinski feels the best solution would be for the Town Board to dissolve the Fire District and create a Fire Protection District.  The Town would contract with the Fly Creek Protection District run by the members of the fire department. The Town Board would oversee the Fire Protection District and the Fire Commissioners would be eliminated.  The Fire Protection District would submit quarterly reports to the Town Board.  Anyone with questions pertaining to the finances of the Fire Protection District would direct them to the Town Board.  The processes of  dissolving the Fire District requires signatures totaling over 50% of the taxable assessed value in the Fly Creek Fire District.  The Fire Protection District would own the equipment and building. Pinski argued that a town cannot own the firehouse or equipment.  Fire Chief George Chandler disclosed that, at this time, there are 33 volunteer firemen, 18 of which are considered active.

 

Chairman Breiten was optimistic that the upcoming election for new Fire Commissioners will fix the problem.   He pointed out that there was nothing to stop anyone from circulating a petition to dissolve the Fire District.  If indeed over 50% of the voting population in the Fly Creek Fire District is in favor of dissolving the Fly Creek Fire District, then the Board will review all options given to them.

 

Chairman Breiten reported that there was only one bid proposal for the Town Building addition and renovation. The bid proposal was offered by Eastman Associates from Oneonta in the amount of $414,200.00, more than twice what the Board budgeted.  After discussion, it was decided to re-bid the project.  Deadline was set for October 12th at 9:00 AM.

 

Chairman Breiten looked to the Board for a decision on the proposed Land Use Law changes concerning the Lakeshore Protection District and Storage Unit Facilities.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen to adopt the proposed changes to the Land Use Law.

 

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

 

(LOCAL LAW #1 FOR 2005 ADOPTED)

 

Chairman Breiten reported that he and Spike have scheduled to meet with John Martin from Clark Patterson Associates sometime Monday to discuss the starting of the feasibility study.

 

Chairman Breiten announced that a clean copy of the proposed CSEA contract, including the minor changes, has been sent to the highway employees.  He is waiting for their response.

 

Chairman Breiten asked if the Board would like to schedule a workshop to discuss suitable locations for a tiered Adult Health Care Facility.  Councilman Michaels stated that, given his hectic schedule, he would prefer that it be tabled for the time being. He asked that the Board consider permitting him to work with a committee next year to discuss suitable locations.

 

After discussion, it was decided that the Board will hold a 2006 budget workshop on September 21st at 8:30 AM to conclude their discussion of the proposed budget.

 

Councilman Michaels moved that the Board appoint Councilman elect John Schallert to the un-expired term of Leslie Weir.  Michaels further stated that Mr. Schallert  will be running unopposed for Mr. Weir’s seat in November and is assured victory.  We have previously done this for the unexpired term of Bill Gates with Tom Breiten, and Joe Clancy with Sheila Ross.  By appointing Mr. Schallert, the Town will benefit by having a Councilman-elect up to speed with current highway building projects, Town building projects, the 2006 budget, and current Land Use Law change initiatives.

 

MOTION FAILED for lack of a second.

 

MOTION by Councilman Michaels to adjourn.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The next regular meeting will be held on October 12th, at the Town Building in Fly Creek at 7:00 PM.

 

                                               

Respectfully Submitted

 

                                                                                                Pamela Deane

                                                                                                Town Clerk