The Regular Monthly Meeting of the Town Board of the Town of Otsego was held on the 8th day of December, 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

Leslie Weir Councilman

ALSO PRESENT:

Pam Deane Town Clerk

Louie (Spike) Boyd Highway Superintendent

Margaret McGown Town Attorney

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

MOTION by Councilman Weir, seconded by Councilman Michaels, to accept the November 8th minutes as given.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten gave a brief summary on progress thus far on the NYSEG assessment lawsuit, the Canadarago Lake Dam, and the proposed amendment to the Land Use Law addressing weekly rentals. The Town is still waiting to hear that a court date has been set whereby a judge will hear NYSEG’s argument for contesting their assessment. With regard to the Canadarago Lake Dam, Richfield Springs Town attorney has concerns about the potential liability for the Town’s if the dam is built and the Lake Association doesn’t accept it or dissolves altogether. Chairman Breiten will be attending a meeting with Senator Seward and Supervisors from the Town of Exeter and Richfield Springs to discuss their options. With regard to the Land Use Law amendment addressing weekly rentals, the Planning Board could not come to a consensus. Chairman Breiten felt the law needs more modifications and therefore scheduling a Public Hearing at this time would be premature.

Chairman Breiten publicly thanked Town Clerk Pam Deane, who was instrumental in the Town receiving $42,500 from Senator Seward for a fireproof record room.

Chairman Breiten opened the floor for comments.

David Bassler of Fly Creek pointed out the benefits of the Town switching to tandem-axle trucks. They would cut the work of hauling in half. They are more economical, more feasible, have more horsepower, and provide a more comfortable ride. His wife has no trouble turning theirs around. He also suggested that as the highway employees retire, the Town switch to tandem-axle trucks instead of replacing those retiring. Many of the Town roads are not built to Donovan specifications mandated by State Law and need to be widened. This would also make it easier to turn trucks around.

Jeffrey Foutch of Fly Creek stated that he also owns a tandem-axle. Hartwick highway employees have conveyed to him that they are very satisfied with the performance of the tandem-axle. They have better traction, are better for plowing, and have not been a problem turning around in tight areas. He suggested that it might be more economical for the Town to contract the sand to be hauled in. With regard to of the Town Highway Garage on Cemetery Road being relocated, he felt that the Town has a lot of money invested in buildings and fencing and it would make more economic sense to make the site more aesthetic. If the Town needs to replace the highway garage on County Highway 26, a new one should be built on the Cemetery Road site, keeping all the equipment together.

Dave Bassler warned that you need to use the trucks year round. If a truck is allowed to sit, seals will start to leak, among other things.

Sheila Ross of Fly Creek pointed out that she lives closer to the Town highway garage than anyone and it doesn’t bother her. The few people that are not happy with the location of the highway garage in all do respect, knew it was there when they bought their house. She hoped that the Board would take that into consideration. She reminded the Board that whatever money the Board spends affects all Town of Otsego taxpayers. The cost to relocate the gas tanks to the Cemetery Road facility was expensive. Ms. Ross further reminded the Board that they set aside $12,000 for trees to act as screening.

Chairman Breiten reassured Ms. Ross that he believes the Board has a process in place to find a solution that is acceptable to most people and not a burden to taxpayers. The Facility Committee has studied the GIS map and has come up with approximately six possible suitable sites.

Jim Ainslie of Fly Creek informed the Board that people attending the Dreams Park this coming summer are making reservations now. He feels it is too late for the Board to adopt a law addressing weekly rentals. In closing, Mr. Ainslie asked the Board, when finalizing the law to please consider keeping it simple and financially workable.

John Phillips of Fly Creek, who is a contractor, a Planning Board member, and one who has rentals, echoed Mr. Ainslie concerns and volunteered to help with the finalization of the Land Use Law amendment addressing weekly rentals.

Loretta Swartout, owner and operator of Cooperstown Stay, applauded the Board’s efforts in establishing a law addressing weekly rentals. She wanted to make the Board aware of the fact that many people have benefited from weekly rentals and also have a substantial amount of money invested. She asked that the Board to consider, while finalizing the law, to keep it realistic and reasonable.

John Stucin, resident of Fly Creek and Planning Board member suggested that the Board revisit the Comprehensive Plan before finalizing the law. He cautioned that weekly rentals and the law governing them have the potential to impact the Town substantially.

Given that there were no more comments from the public, Chairman Breiten then introduced Amanda Friedl from the Otsego County Economical Office. Chairman Breiten explained that Fly Creek has an Empire Zone which includes at this time only the Fly Creek Cider Mill. Ms. Friedl stated that Adirondack Leather Products has requested to be included in the Empire Zone. This would allow the company additional tax credits. She presented to the Board a proposed resolution amending the Empire Zone in the Town of Otsego.

MOTION by Councilman Michaels, seconded by Councilman Tucker, to adopt the proposed resolution amending the Empire Zone in the Town of Otsego which would include Adirondack Leather Products.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

RESOLUTION ADOPTED: (Resolution Docket pg. 43)

Chairman Breiten read correspondence received since last meeting. Among it was a letter from Excellus BlueCross BlueShield, informing the Town Board that health insurance rates will increase 12%. There was also a letter from Computel Consultants, who specialize in Utility Billing Analysis making sure that Town’s are getting the proper amount of franchise fees. They have worked with hundreds of municipalities across NYS. Computel works on a strict contingency basis. If they do not get a refund for the Town there is no charge for their service. The Village of Cooperstown was very pleased with the analysis they did for them. The Board directed Chairman Breiten to send for additional information.

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

General Savings: $348,401.25 Checking: $ 75,741.95

Hwy Savings: $304,212.78 Hwy Checking: $ 87,782.52

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 Tucker, to pay the following invoices:

GENERAL: #321-#346 $ 23,697.73

HWY: #322-#342 $ 34,472.85

Councilman Michaels asked Highway Superintendent Spike Boyd for clarification on two highway bills. Spike answered Councilman Michaels to his satisfaction.

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 135.5 $ 197.15 2,011.3 $ 2,740.18

Diesel 660.3 $ 1,025.99 16,558.7 $20,961.40

Heating 751.7 1,136.97 8,501.1 $10,486.40

Svc. $ -0- $ 3,387.04

Spike reported that the railroad has been excavating the railroad bed near the Phoenix Mill Bridge and as a result undermining Phoenix Mill Road. Spike has been unsuccessful in getting DEC to act on the problem. Attorney McGown has scheduled a meeting with George Casey at the Army Corps of Engineer.

After some discussion it was decided that Attorney McGown will send a letter to the railroad, stating the Town is deeply concerned with the erosion of Phoenix Mill Road as a direct result of their excavating the railroad bed, and caution them that they will be held responsible for any damage to the road. It was also decided that Engineer Wayne Bunn be retained to prepare an affidavit in the event the Town has to take legal action.

Chairman Breiten asked Attorney McGown for an update on researching “Highway By Use” and whether or not the Town, in her opinion, is responsible for Willow Avenue.

Attorney McGown stated that, under Section 181 in Highway Law irregular maintenance does not constitute “Highway By Use.” There is no way to render a decision until it is made clear how much maintenance the highway crew has been doing.

Chairman Breiten asked Spike to calculate how much maintenance his crew has done to Willow Avenue.

MOTION by Councilman Iversen, seconded by Councilman Michaels, 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: 2 - Value $440,000 Residential Accessory Use: 4-Value $92,000

New Commercial: 1 $12,000 Property Boundary Changes:8 Major Subdivisions: 2

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

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Highway Superintendent Spike Boyd submitted a proposal of $123,263.97 for a single axle dump truck and plow from the 2004 NYS bid contract.

Councilman Michaels argued that a tandem axle truck would increase productivity in the highway department.

Chairman Breiten stated that he has not seen overwhelming evidence that the Town would save a substantial amount of money by spending close to $30,000 more on a tandem-axle truck.

MOTION by Councilman Tucker, seconded by Councilman Weir, authorizing Spike to buy a single axle dump truck, plow and sander off of NYS 2004 bid.

MOTION CARRIED: Chairman Breiten, Councilman Tucker, Councilman Iversen, and Councilman Weir voted aye. Councilman Michaels vote no.

Spike presented two backhoe proposals that were reviewed by the Board:

Five Star Equipment: $57,069.00

Southworth-Milton Inc.: $53,824.00 - (includes $3,500 allowance for the Grade-All)

The Board discussed at great length the advantages and disadvantages of buying vs leasing the backhoe.

MOTION by Councilman Tucker, seconded by Councilman Michaels, to accept Southworth-Milton Inc. 3 Year Lease agreement which includes trading in the Grade-All and buying the backhoe after 3 years for $1.00.

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

MOTION by Councilman Iversen, seconded by Chairman Breiten, authorizing Lynn Bass to balance the Town’s year-end accounts.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten read a letter from Jim Atwell, asking the Town Board to appoint him Marriage Officer. This would allow him to perform marriages in the Town of Otsego.

Chairman Breiten expressed two concerns, the first being that marrying people is the only bit of joy the Town Justices have in their thankless job, and second, what does the Board do about the next person who requests being appointed Marriage Officer?

Mr. Atwell tried to ease Chairman Breiten’s mind by replying that he has talked to Judge Wolff about his possible request for Marriage Officer Appointment and Judge Wolff had no objections and in fact encouraged him to do so. In regard to the next person who may ask to be appointed Marriage Officer, it is clearly at the disgretion of the Town Board whether they want to do so or not.

Motion by Councilman Iversen, seconded by Councilman Tucker, to appoint Jim Atwell as Marriage Officer through December 31, 2005.

MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.

Chairman Breiten announced that the Board will need to appoint a member to the Planning Board, ZBA, and Board of Assessment Review. The Town Clerk was directed to advertise the positions and interested parties will be interviewed before the January 12 th meeting.

Chairman Breiten read a letter from the Farmer’s Museum notifying the Town of their intent to renew their liquor license for Herders Cottage and Bump Tavern. The Board had no objections.

Chairman Breiten read a proposal from engineer Johannes de Waal for engineering services to add an office and fireproof storage room to the existing Town Building. All told his proposed fee for services was $2,050, which the Board thought to be too low. It was decided by the Board that they would meet with Mr. de Waal to discuss ideas for the project before signing the agreement.

After discussion it was decided that a year-end meeting would be scheduled for December 27 th at 9:00 AM.

MOTION by Councilman Iversen, seconded by Councilman Tucker, to go into Executive Session to discuss contract negotiations and employee salaries.

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 and employee salaries. No decisions were made.

MOTION by Councilman Iversen, seconded by Councilman Tucker, 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 12th day of January, 2004 at 7:00 PM at the Town Building in Fly Creek.

Respectfully Submitted

Pamela Deane/Town Clerk