The Regular Meeting of the Town Board of the Town of Otsego was held on the 14th day of December, 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

 

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

 

Chairman Breiten called to order the Public Hearing for the proposed definition change for “Service Trade Establishments” (Local Law #3) to order.  He then read the proposed change and opened the floor for comment.

 

Planning Board Chairman Jonathan Bass stated that he felt the proposed definition change was now more clear and defined. He went on to state that the Planning Board members expressed concerns with the number of employees allowed on the site and plan to revisit the definition again in the future, comparing it to Service Trade Establishments already in existence. 

 

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 Public Hearing on the Town Building renovations and addition to order. He made a Power Point presentation breaking the proposed project into three parts:

            1. Repair and Maintenance of the Existing Structure: The following would be upgraded, repaired           

or replaced Roof: siding, windows and doors, heating, ceiling, interior walls, electrical, bathrooms, kitchen, and plumbing.  Air conditioning would be added.

2.  Fire-Proof Records Room Addition

3.  Addition of Larger Meeting Room with a New Main Entrance

 

Chairman Breiten explained that the project has been bid.  The lowest bid submitted was from Ralph J. Morley, Inc. at $348,542.00.  He has been working with Terry Morley looking for ways to reduce the cost of the project further.  Chairman Breiten stated the Town has funds available to completely pay for the project.

 

Jonathan Bass asked if the additions to the existing building were then going to reduce the parking.  He was assured it would not.

 

Tom Heitz stated that it was important to have climate control in the fire proof record room to protect the archives.  He also felt it was important to have a sprinkler system in place to help keep the records from becoming brittle from the excessive heat in case of a fire.

 

Sheila Ross suggested that some of the records be converted over to document imaging  to conserve space.

 

Ann Geddes-Atwell wondered how a grant to fund a fire-proof record room turned into a substantial renovation and  addition.

 

Chairman Breiten explained that one thing led to another.  The Board concluded that building costs are only going to continue to escalate so the time to make changes might best be now.

 

 MOTION by Councilman Michaels, seconded by Councilman Tucker, to close the Town Building Renovation and Addition public hearing.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the November 9th minutes as presented.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten reviewed correspondence received since last month:

·        A letter of notification stating the Town Justices have been awarded State grant money in the amount of $1,476.00 to be used for purchasing 3 microphones and 1 HP Laser Jet printer.

·        A copy of a letter from Bond, Schoeneck & King,  PLLC sent to CSEA union representative Jerry Phelan, reminding him that a tentative contract agreement was reached on February 14, 2005. They addressed each issue raised by Mr. Phelan.

·        A letter from Richfield Springs resident Ray Tonns, with an article pointing out the downside of wind power.

·        A letter from Ellen Weir, stating the she feels the bid cost for the Town Building renovation and addition is excessive.  She thinks with all the quibbling about health insurance for Town workers and their families, this building might not be a top priority.

·        A letter from Orlo Burch, asking that he might be considered when the Board appoints a replacement for Councilman Iversen’s Councilman position.

·        A letter from William Green, expressing interest in being considered for the Town Attorney position.

 

Chairman Breiten opened the floor for comments.

 

State Trooper Griffin announced that he was willing to listen to anyone’s concerns or answer any questions people might have.

 

Councilman Michaels stated that he was concerned with people traveling to fast on County Highway 26 and State Highway 28 through the hamlet of Fly Creek.  Officer Griffin appreciated the input.

 

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

 

General Savings:     $    1,247.04                                              General Checking:   $   4,982.48

Highway Savings:   $       352.48                                               Highway Checking: $ 30,202.23

Certificate of Deposit:  $800,000.00

MBIA:  $250,437.76  

 

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:      #286-#310                                           $  43,071.72

            HWY:              #303-#328                                           $  94,305.69

 

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                     223.0                            $    377.54                           2,074.1                      $  3,703.85

Diesel                  570.0                            $ 1,167.65                          15,548.6                      $28,421.15

Heating   911.8                             $ 1,722.55                           7,614.59                     $12,575.40

Svc.                                                         $    -0-                                                                    $     819.64

 

Spike presented the one and only fuel bid which was offered by Mirabito Fuel Group.  The Board reviewed and discussed the advantages of fixed and fluctuating fuel costs.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the fluctuating fuel bid offered by Mirabito Fuel Group.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the Superintendent of Highway report.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten presented the Zoning Officer’s report which was reviewed by the Board.  The report showed 15 site visit approvals since September 14th.

 

Planning Board Chairman Jonathan Bass, on behalf of the Planning Board, asked the Town Board to reappoint Bill Deane to the clerk position, Margaret McGown as Planning Board attorney, and Paul Lord as Planning Board member.

 

Chairman Breiten asked Jonathan to submit the request in writing which Jonathan agreed to do.  An organizational meeting was set for January 2 at 7:00 PM.

 

Watershed report was presented by Councilman Iversen and reviewed by the Board.  She noted that the committee reviewed two septic systems this month.  One was approved, the other one was not.  The system that was denied called for a holding tank.  The committee felt that holding tanks are not a satisfactory solution unless the constraints of the property itself do not permit a  more acceptable designs.

 

Chairman Breiten introduced Win McIntyre coordinator of the Watershed Advisory Committee and engineer Jonathan McManus from Lamont Engineers.  Both explained that site conditions along Otsego Lake shoreline  are not good for conventional septic systems and alternative designs will be needed.  These systems do not rely on the soil for treatment.  Examples include aerobic treatment units (ATU’s) and media filters, which can be installed above ground. A typical enclosure associated with the treatment of a 4-5 bedroom house is 4.5’x8.5’x5’ (WxLxH).  These engineered systems have been tested for many years and have proven to be very effective.  They submitted pictures of sample cedar shed structures that would be used.  It is estimated that 60-70 systems along Otsego Lake will need to be replaced over the next 5 years.  Currently, the Town of Otsego Land Use Law prohibits construction of new structures within the 100’ setback from Otsego Lake.  Both requested that the Planning Board review this law as it applies to these types of above-ground replacement septic system components and consider a waiver that would apply to all repair and replacement of onsite wastewater treatment systems that receive WSC approval. They submitted a copy of a Memorandum of Agreement between the Town of Springfield and the Watershed Supervisory Committee for the Board to review and asked them to consider adopting a similar agreement.  Among other things, the agreement states that the Springfield Planning Board will review each septic system construction permit during their regular monthly meeting and, provided that the permit includes verification of WSC approval and a sketch plan showing any and all landscaping, lighting, and structural modifications associated with the project, the Board will waive site plan review.

 

After discussion, it was decided that Win will draft a Memorandum of Understanding and present it to the Planning Board for review at their January meeting.

 

Town Historian Tom Heitz reported that he and Co-Town Historian Sherlee Rathbone are in the process of preparing for the Town’s website, information about the history of the Town.  He submitted a draft for the Board to look at.  He stated that he was approached by Chairman Breiten to prepare interesting historical notes each month for the website as a way of educating the public and bringing new information to their attention.  He was more than willing to attempt that.

 

MOTION by Councilman Iversen, seconded by Councilman Tucker, to accept the Town Historian report as given.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten introduced Jesse Holmes, Jon Norris and Robert Warholic from Clark Patterson Associates (CPA).  Mr. Holmes presented the final Town Highway Building Feasibility Study draft.  During his presentation he explained that; information was gathered by interviewing the Town and Highway Department, completing a walk-through of the two existing highway department facilities and reviewing existing vehicles and equipment.  Next, he and his associates prepared a proposed building program as well as a site program for the Highway Department, and reviewed these with the Highway Building Committee. Once that was done, building and site program configuration options were prepared, narrowed, and revised in response to input and comments from the committee.  Mr. Holmes stated that an earlier feasibility study of the condition of the existing Town Highway Garage on County Highway 26 was done by Spectra Environmental Group.  They estimated a cost of $200,000 to renovated this garage, and CPA quickly concluded that this would still not meet the Highway Department’s needs.  CPA proposed that the Town move the right-of-way for Willow Ave. residents from the middle of the property to the north end and construct a new 20’x 54’, six bay building.  This building would provide additional storage, office space, break area, welding area, bathrooms, and reference room.  The entire area would be fenced, gated, and landscaped.  He estimated the total cost to be between 1.1 and 1.2 million dollars.  Mr. Holmes pointed out that cost of materials just in the last year have gone from $78.00 to $114.00 a square ft. He assured the Board that if they decide to go forward with the project, this building would serve the Town for many years to come.

 

Mr. Holmes, Mr. Norris and Mr. Warholic questions asked by the Board and the audience. Chairman Breiten thanked them for their presentation.

 

Chairman Breiten next introduced Alexander Shields, who is acting as an agent/consultant for the Village of Richfield Springs at no cost.  Mr. Shields asked the Board if they would, by Resolution or Motion, support the Village of Richfield Springs’ efforts for the possible creation of a Municipal Utility natural gas only.  This would include a feasibility study  to extend natural gas service from Richfield Springs along the NYS Highway 28 corridor south through the Village of Cooperstown to the Towns of Milford and Hartwick.  There would be no cost for the study. 

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to support the possibility of a natural gas service from Richfield Springs to Cooperstown to Milford and Hartwick and feasibility study as proposed by Mr. Shields.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten asked the Board for input on the proposed definition change to “Service Trade Establishment.”  After a short discussion,

 

MOTION by Councilman Michaels, seconded by Councilman Iversen to adopt Local Law #3 (definition change to Service Trade Establishment)

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten and the Board briefly discussed the proposed Town Building renovations and addition.

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to accept Ralph J. Morley, Inc.’s bid of $348,542.00.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten updated the Board on the Comprehensive Plan revision. In an attempt to gather information on people’s vision for the Town of Otsego, Nan Stolzenburg has drafted a survey that will be placed on the Town’s website.  The committee will meet again on the 19th of December to finalize the survey.  The results will be automatically be compiled on the computer.

 

Chairman Breiten gave an update on the 5 acres of land Art Andrew’s would like to donate to the Town. There would be no additional charge to the Town’s insurance.  He made clear to Mr. Andrews that the Town did not want to be responsible for the dam.  Mr. Andrews agreed that access to the 5 acres must be from County Highway 26 because Day Road would be too dangerous.  Chairman Breiten stated that he was unable to reach NYS Parks and Recreation to inquire what is required for handicap accessibility.

 

Attorney McGown reported that she has not yet been able to reach Cooperstown Village Attorney John Lambert to discuss the illegal parking lot expansion on Linden Avenue.   After discussion, the Board agreed to consider changing the zoning of that parcel.  In the meantime they expect the Village to close down and fence off the parking lot expansion and acknowledge that any future projects on property located in the Town of Otsego will be submitted to the Town of Otsego Planning Board for site plan review prior to any work being done.

 

Chairman Breiten stated that he would like the Board to reconsider paying for the costs incurred by the new officers that plan to attend the training seminar offered by the Association of Towns January 3, 4, and 5 in Albany.  At the November meeting it was decided by the Board that the Town would pay for registration minus breakfast and mileage.  Some of the new members have expressed an interest in staying at the hotel, which will actually cost less than if the Town were to reimburse them for three days of mileage.  He felt that, if any or all of the new Councilmen were willing to take the classes to become better Councilmen, the Town should be responsible for paying their way. 

 

MOTION by Councilman Tucker, seconded by Councilman Iversen, to pay for all costs within reason incurred by the new Councilmen attending the training school in Albany.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

Chairman Breiten proposed that the Town Board appoint Orlo Burch to the Town Board.  Orlo was the only person who has expressed an interest in serving on the Board.  During the election, he lost by only a few votes.

 

Councilman Iversen submitted her resignation, which the Board accepted with regret.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to appoint Orlo Burch to fill Nancy Iversen’s seat until the next election.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

MOTION by Councilman Michaels, seconded by Councilman Tucker, to appoint Nancy Iversen to fill Les Weir’s unexpired seat on the Town Board.

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The Board decided to schedule the year-end meeting for December 28.  Interviews will be scheduled starting at 6:00 PM for the four appointed vacancies.  The newly elected Councilmen will be invited to conduct the interviews since they will be the ones voting on January 2.

 

MOTION by Councilman Tucker to adjourn

 

MOTION CARRIED:  Chairman Breiten and all Councilmen voted aye.

 

The next regular meeting will be held on December 28th at the Town Building in Fly Creek at 9:00 AM.

 

                                               

Respectfully Submitted

 

                                                                                                Pamela Deane

                                                                                                Town Clerk