The Public Hearing for the 2005 Budget and regular Monthly Meeting of the Town Board of the Town of Otsego was held on the 10th day of November, 2004 at the Town Building , Fly Creek , NY at 7:00 PM .

PRESENT:
Tom Breiten Chairman
Nancy Iversen Councilman
George Tucker Councilman
Bill Michaels Councilman

ALSO PRESENT:
Pam Deane Town Clerk
Louie (Spike) Boyd Highway Superintendent
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 explained the proposed 2005 budget. Chairman Breiten stated the Board’s objective while drafting the budget was to anticipate future expenses, continue to apply for State and Federal Grants, and hold the tax rate the same as last year. The budget includes the purchase of a new highway truck and back-hoe as well as additional money to accompany a $42,500 Seward Grant for a new fire proof record room.

Chairman Breiten opened the floor for comments.

Several questions were asked by the ten people in attendance and were satisfactorily answered by Chairman Breiten and the Board.

MOTION by Councilman Tucker, seconded by Councilman Iversen, to close the Public Hearing.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten asked for a Motion to accept the October minutes.

Councilman Michaels had three corrections he wanted made regarding to the Board’s discussion on comparing single-axle to tandem axle trucks.

MOTION by Councilman Tucker, seconded by Councilman Michaels, to accept the October 13 th minutes as amended.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

(Minutes of October 13 th show the proposed corrections on pg. 207 in the Minute Docket).

Chairman Breiten opened the floor for comments.

James Atwell of Fly Creek stated that he read Spectra Engineering’s highway garage evaluation report. He has surmised that the Town has four (4) options:

1. Renovate the existing building.
2. Build a new Highway Garage on Cemetery Road .
3. Build a new Highway Garage on the existing site. ( Co. Hwy. 26)
4. Find a new site for the entire Highway operation.

Mr. Atwell estimated that three million dollars or more has been spent this year in Fly Creek on renovations and new homes. He understood why the Board would be inclined to build the new highway garage on the Cemetery Road site. However, it was his opinion if the Board chooses to use the Cemetery Road site for the new highway garage in the face of the development that is going up all around it, they will leave a monument to their membership on this Board of their inertia and short-sightedness in the face of the community.

Chairman Breiten agreed whole-heartily that to have an industrial site located in the middle of the hamlet is not the wisest thing to do. That said, the problem the Board faces is where else can it go and at a cost the Town’s people are going to tolerate and agree to? The other question is, what can we salvage the existing site for? There have been volatile materials on the site for many years. It’s unlikely that the Town could sell the property to help produce income to pay for another site.

Councilman Iversen pointed out that finding a suitable place for the highway facility was one thing, paying for it is another. She warned the few in attendance opposed to any highway facility on their road to be prepared for the many people who may come out for the public hearing, opposed to paying an astronomical amount to relocate the site.

A committee was established to look at alternatives. The committee will consist of Chairman Breiten, Councilman Iversen, Highway Superintendent Spike Boyd, and resident Jim Atwell.

Sheila Ross of Fly Creek asked if the highway department would patch the pot-holes on her road.

Highway Superintendent Spike Boyd stated that Willow Avenue is a private road and not the responsibility of the Town.

Ms. Ross argued that the Town has been plowing, sanding, brooming and even paving it for 30- plus years.

Spike admitted to plowing and turning around on Willow Avenue , and stated that he could see that the road is patched, but it’s still a private road.

Attorney McGown asked Spike if he has been taking care of the private portion of this road for a long period of time.

Spike replied that they have plowed and turned around on the private portion of Willow Avenue as a courtesy.

Attorney McGown stated that if the Town has been maintaining Willow Avenue for a long period of time it may be deemed “Highway by Use.” Attorney McGown will research the definition of “maintaining” for the December meeting.

John Phillips of Fly Creek stated that the Planning Board received the proposed Land Use Law revision language addressing short-term rentals last night. He was asked by the Planning Board to ask the Town Board, if they would postpone scheduling a Public Hearing until the Planning Board has had a chance to review it. The Town Board agreed to wait.

Mr. Phillips stated that he has asked Jane Berry, Town of Otsego Zoning Enforcement Officer , the Village of Cooperstown ’s Code Enforcement Officer Al Keck, the Otsego County Code Office Dept., the Otsego County Sheriffs Dept., and the NYS Police how many complaints they’ve received concerning short term rentals. Otsego County Code Office had 2. He then asked the Board why they feel it necessary to have a law at all? A law in his opinion should be based on fact, not fear. And the fact is there haven’t been enough complaints to warrant regulations for short term rentals.

Chairman Breiten asked Mr. Phillips if he contacted the Code Enforcement Officer in Milford because that is what prompted the Board to establish short-term rental regulations. Mr. Phillips stated that he hadn’t been able to reach him.

Ann Geddes-Atwell of Fly Creek said she knows of several people who live near a Dream Park rental situation and deal with noise all summer long. They did not file a complaint with authorities. She feels most people are who have a reason to complain are not filing a complaint.

Chairman Breiten read correspondence he received since last month’s meeting. Among it was a letter from Time-Warner Cable seeking renewal of its cable television franchise contract: a letter from Village of Cooperstown Mayor Waller thanking the Board for their cooperation, helpfulness and time commitment to make the Town’s revaluation process a joint effort: a letter from Excellus giving the Town a partial refund on our 2003 Medicare Primary Plan premium: and notification of the Town’s equalization rate, being 53.6% for 2005.

Chairman Breiten gave Attorney McGown an Individual Youth Program application for her to review. Upon reviewing it Attorney McGown reported that it was a standard application the Town signs each year with the Village of Cooperstown .

Attorney McGown submitted an application regarding establishing a water and sewer district, and notice of Public Hearing for Otsego Manor sent by Otsego County Attorney James Konstanty. Attorney McGown will review the application before the December meeting.

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

General Savings: $358,401.25 Checking: $ 23,352.03
Hwy Savings: $304,212.78 Hwy Checking: $151,051.21

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the Financial Report as presented.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

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

GENERAL: #270-#320 $ 29,649.94

HWY: #295-#320 $132,141.00

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 -0- $ -0- 1,697.8 $ 2,260.37

Diesel 1,297.0 $ 2,175.65 15,898.4 $19,935.41

Heating 412.1 722.24 7,749.4 $ 9,349.43

Svc. $ 60.50 $ 3,387.04

MOTION by Councilman Michaels, seconded by Councilman Iversen, to accept the Superintendent of Highway report as given.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Jane Berry’s Zoning Enforcement Officer’s report was presented by Chairman Breiten and reviewed by the Board. Zoning Permits issued since last month are as follow:

New Residential: 3 - Value $487,000 Residential Additions: 4-Value $350,000
Land Use/Zoning Reviews: 106

Chairman Breiten reported that Jane was notified that the Town’s tree planting proposal was not selected for funding this year.

MOTION by Councilman Tucker, seconded by Councilman Iversen, to accept the Zoning Enforcement Officer’s report as given.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten submitted for the Board’s review, the Dog Officer’s report offered by Wolfgang Merk. Wolfgang reported 4 barking dog complaints, 2 dog at large complaints, 1 lost dog and 1 dog bite.

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

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten asked for a Motion to adopt the proposed 2005 Budget.

MOTION by Councilman Michaels, seconded by Councilman Iversen, to adopt the 2005 Budget.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten asked the Board’s permission to sign the State grant contract project instruction sheets for the $42,500 granted to the Town from the State for a record room, and $23,000 granted for consultant fees to update the Town Master Plan.

 MOTION by Councilman Iversen, seconded by Councilman Tucker, authorizing Chairman Breiten to sign the grant contracts.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten polled those on the Highway Building committee and it was decided the committee would meet November 29 th at 9:00 AM to look for another suitable site for the Highway garage.

Spike reported contacting Caterpillar, John Deere and New Holland asking for proposals on a new backhoe. All three vendors were awarded State bid. John Deere’s prices ranged from $50,260-$57,069 depending on the options. They proposed a payment schedule of $21,009 for a 3-year lease and a 5-year lease at $13,197, based on the $57,069. Spike asked that the Board wait on a decision until he received a proposal from Caterpillar.

MOTION by Councilman Tucker, seconded by Councilman Iversen, to release no more than $57,100 from the Highway Capital Reserve Fund for a new backhoe.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

RESOLUTION ADOPTED: (Resolution Docket pg. 42)

Chairman Breiten stated that the Town received two bids for the copy change sign which he then opened and read aloud: Barbara Fassett $211.11

Janice Jones $208.00

MOTION by Councilman Tucker, seconded by Councilman Michaels to accept the high bid of $211.11 offered by Barbara Fassett.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten reported that there were no bids offered for the 1993 Ford Escort or the computer. After some discussion, it was decided to donate the computer to the Village Library in Cooperstown .

MOTION by Councilman Iversen, seconded by Councilman Michaels, to set a price of $500 for the 1993 Ford Escort.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten stated that Bassett Healthcare Vice President Joe Middleton, sent a letter to Planning Board Chairman Jonathan Bass, requesting approval to expand the parking area currently leased by the Village of Cooperstown from the Cooperstown Central School District on Linden Avenue . The proposed work will remove the brush and debris from the undeveloped areas, include landscaping to create a screen for the school and the Little League field, and have an all weather packed gravel finish.

After much discussion, it was determined that Bassett Healthcare faces two major problems, one being the parking lot proposed is not allowed in the Residential District, and two, they can’t meet the 80 feet of road frontage required. If the Town Board were to change the zoning so the parking is allowed, they would still not be able to meet the 80-foot road frontage requirement. Chairman Breiten will talk to Joe Middleton

MOTION by Councilman Iversen, seconded by Councilman Michaels, to go into Executive Session to discuss 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 stated that, while in Executive Session, the Board discussed the CSEA contract negotiations. No decisions were made.

MOTION by Councilman Tucker, seconded by Councilman Iversen, to adjourn.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Meeting ended at 10:31 PM .

The next regular meeting will be held on the 8th day of December, 2004 at 7:00 PM at the Town Building in Fly Creek.

Respectfully Submitted

Pamela Deane/Town Clerk