The Regular Meeting of the Town Board of the Town of Otsego was held on the 9th day of November, 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

 

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

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the October 12th minutes as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence received since last month:

  • A letter from State Assemblyman William Magee, informing the Board that the 2005-2006 state budget will provide grants of up to $100,000 per municipality for local governments or school districts that merge or share services, cooperative agreements and shared agreements. 
  • A letter from Bond, Schoeneck & King, PLLC stating that CSEA union representative Jerry Phelan has indicated that the highway employees are having trouble understanding how the proposed health benefit package would work. They suggested that the Town’s health insurance provider arrange to meet with the highway employees and compare their existing coverage with the proposed coverage.
  • A letter from Planning Board member Paul Lord expressing interest in being reappointed to the Planning Board prior to the end of the year so there is no interruption of service.  His current term ends 12/31/05.
  • A letter from NYS Public Service Commission soliciting  public comment on consumer awareness and  concerns about the Telecommunications Service Priority (TSP) program and how telephone companies have implemented this federal emergency preparedness program in NYS.
  • A letter from Town Attorney Margaret McGown, announcing her resignation effective December  31st.
  • A check from Time Warner in the amount of $808.85, constituting full payment of the franchise fee due realized on the revenue from the residents of the Town of Otsego for the 3rd Quarter 2005 in accordance to the Franchise Agreement between  the Town of Otsego and Time Warner.

 

Chairman Breiten opened the floor for comments.

 

Art Blessin from Fly Creek asked the Board when revising the subdivision regulations, to consider the inability of most young people to afford 20-acre lots.

 

Chairman Breiten stated that he for one was not in favor of 20-acre zoning.

 

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

 

General Savings:     $100,490.88                                              General Checking:   $ 20,096.02

Highway Savings:   $       352.48                                               Highway Checking: $ 59,110.90

Certificate of Deposit:  $950,000.00    

 

Councilman Michaels asked what the total union negotiation attorney fees are so far.  Chairman Breiten replied that $5,000 was budgeted and approximately $7,000 has been spent to date.

 

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 Iversen, to pay the following invoices and make the necessary transfers:

            GENERAL:      #240-#285                                           $  19,369.94

            HWY:              #276-#301                                           $  42,592.01

 

Councilman Michaels posed questions relating to mileage reimbursement to Judge Wolff for a conference he and Judge Cooke went to, and the repair bill for a rebuilt motor to the 1972 Cat Loader. He argued that the motor, which only has 266 hours on it, was rebuilt five years ago and he didn’t think it was worth fixing.  Highway Superintendent Louie (Spike) Boyd stated that a new loader that size would now cost in the neighborhood of $300,000 and for that reason he made the decision to have the loader repaired. 

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to pay the bills.

 

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                      50.0                             $    109.00                           1,851.1                      $  3,326.31

Diesel              1,080.6                             $ 2,438.60                          14,978.6                      $27,253.50

Heating   180.5                             $    382.84                          6,702.79                      $10,852.85

Svc.                                                         $    318.69                                                              $     819.64

 

Spike presented for the Board to review the County Snow and Ice Agreement.  He stated that the agreement was identical to last year’s agreement. It was still a 1-year agreement, but he now can claim his time for reimbursement and the agreement was no longer a bare-road policy.

 

Councilman Michaels didn’t think the County was offering the Town enough money.

 

Spike pointed out that the Town had to travel over the County roads anyway to get to the Town roads.  The money the County is offering covers the cost of overtime.

 

MOTION Councilman Tucker, seconded by Councilman Iversen, authorizing Chairman Breiten to sign the Snow and Ice Agreement with the County.

 

MOTION CARRIED:  Chairman Breiten, Councilman Iversen, and Councilman Tucker, voted yes.  Councilman Michaels voted no.

 

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.

 

Chairman Breiten submitted the Planning Board’s proposed change to the Service Trade Establishments definition which was reviewed and discussed by the Board.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to schedule a public hearing for December 14th at 7:00 PM.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reported that the Comprehensive Plan committee has scheduled workshops for November 16th  and 19th . They will review residents’ vision for the Town. Nan Stolzenburg from Community Planning & Environmental Associates will apply for the open space plan grant.

 

Chairman Breiten stated the Town received two bids for the Town Building renovation and addition project. They were:    EASTMAN ASSOCIATES, INC.  $398,000.00 and

           RALPH J. MORLEY, INC. $348,542.00.

           

After discussion, it was decided that there was enough money in the budget to go forward with the renovation and addition.  A Public Hearing was scheduled for December 14th at 7:00 PM to explain the proposal to the public and hear their opinion on the project.

 

Chairman Breiten explained that Town Attorney Margaret McGown realized after last month’s meeting that the moratorium on major subdivisions adopted by the Board last month needed to be reviewed first by the County Planning Board.  He then read a letter from the County Planning Board stating that, after reviewing the proposed moratorium for six months on major subdivisions in districts RA-1 and RA-2  in the Town, they saw no county-wide impact, and remanded it back for local decision.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, rescinding Local Law #2 which is a Moratorium on Major Subdivisions in RA-1 and RA-2 districts for six months.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to adopt Local Law #2 Moratorium on Major Subdivisions in RA-1 and RA-2 districts for six months now that it has been reviewed by the County Planning Board.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

RESOLUTION ADOPTED:  (Resolution Docket pg. 56)

 

Chairman Breiten stated that Town Attorney Margaret McGown has reviewed the Fire Protection and Ambulance Service Contracts with the Village of Cooperstown and is satisfied with the agreements.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, authorizing Chairman Breiten to sign the Fire Protection and Ambulance Service Agreements offered by the Village of Cooperstown.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten announced that the Association of Towns and the State Comptroller’s Office are collectively holding a training school for all newly-elected Town Officials, January 3-5 at the Desmond Hotel & Conference Ctr. in Albany.  The cost is $200 per person, which includes breakfast and lunch, or $150 per person and lunch.  Hotel reservations average $85.00 per night. 

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to encourage all newly-elected officials to go to the conference, to be reimbursed for registration fee excluding breakfast ($150) and mileage.

 

Chairman Breiten read a letter from Joseph Galati asking that Local Law #2 exclude him from the moratorium. 

 

Chairman Breiten called for a Motion.  No Motion was offered. No exception was made for Mr. Galati’s subdivision.

 

Chairman Breiten stated that the Board will need to fill one vacancy on the ZBA, one on the Planning Board, Councilman Iversen’s seat due to her new position on the Otsego County Board of Representatives, attorney positions to the Town Board and Planning Board, and Health Officer.  The Town Clerk was directed to advertise the vacancies.  Chairman Breiten pointed out that members of this Board have served four or more years and have a better understanding of what these positions entail.  He asked them to consider making the appointments before the end of the year rather then leaving the appointments for the three newly-elected Board members.

 

MOTION by Councilman Michaels, seconded by Councilman Iversen, to schedule a Public Hearing for the Short-Term Rental draft, excluding the owner-occupied clause.

 

Chairman Breiten opened the floor for discussion.

 

Councilman Iversen stated that she believes problems have arisen because of absentee owners and feels strongly that the owner-occupied clause should stay.

 

Chairman Breiten stated that he felt the law had gotten more complicated than it needed to be.  He suggested the Board consider waiting until the revised Comprehensive Plan was completed.

 

Councilman Michaels withdrew his Motion.

 

MOTION by Councilman Tucker, seconded by Chairman Breiten to appoint James McNulty to the Board of Assessment Review to replace James Tallman.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye. (McNulty’s term will end 9/30/10)

 

MOTION by Councilman Tucker to adjourn.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

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

 

                                               

Respectfully Submitted

 

                                                                                                Pamela Deane

                                                                                                Town Clerk