A Regular Meeting of the Town Board of the Town of Otsego was held on the 15th day of March at the Town Building, Fly Creek, and NY at 7:00 PM.
Those present were:
Thomas Breiten Chairman
Joseph Potrikus Councilperson
Anne Geddes-Atwell Councilperson
John Schallert Councilperson
Meg Kiernan Councilperson
Others Present:
Pamela Deane Town Clerk
Shawn Mulligan Highway Superintendent
Mike Miller Zoning Enforcement Officer
Martin Tillapaugh Town Attorney
Chairman Breiten called the regular meeting to order and asked that everyone please rise for the Pledge of Allegiance.
MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell to accept the minutes of February 28th as presented.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Chairman Breiten reviewed correspondence received since last meeting:
A letter from Cooperstown Country Club, Inc. notifying the Board of their intent to renew their seasonal liquor license.
Chairman Breiten introduced Watershed Supervisory Committee Coordinator Win McIntyre, who explained a large scale septic system on Otsego Lake that is being considered by the Watershed Advisory Committee. The proposal is to construct a shared, advanced-technology, onsite wastewater treatment system to serve the Hickory Grove and 11 camps on Lakeshore Drive. The rationale for this is the existing wastewater treatment systems failed inspection, an advanced-technology treatment system, with phosphorus removal, protects the water quality of the lake and a shared system reduces the cost per user and the number of systems around the lake. Estimated installation cost of the shared system would be $195,000. Estimated operating and maintenance cost between $7-10,000 per year. When systems are shared by more than four or five residents, DEC mandates that a legal entity own and operate the system. There are two options. Transportation Corporation or Sewer District. Transportation Corporation is a private corporation made up of a Board of Directors consisting of members of a Home Owner’s Association. They own the system and are responsible for operation and maintenance. In this case DEC requires that the Local Municipality agree to take it over in the event the Transportation Corporation fails. The Transportation Corporation does not have the access to financing that a municipality would have. A Sewer District is the strongest legal entity and is what DEC recommends. In this case the Local Municipality owns the district. Residents in the sewer district would be taxed accordingly on their General Property Tax Bill. McIntyre explained that a Town Sewer District is established by either a Petition or by Town Board Resolution.
MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to schedule a meeting for April 2nd at 9:00 with DEC at the Town Building to discuss this further and at the same time discuss any other business that may come before them.
MOTION CARRIED: Chairman Breiten and all other Councilpersons voted aye.
Chairman Breiten opened the floor for comments.
David Burch, resident of Curry Road, stated that he and his wife decided to build their house on Curry Road in ’04 knowing that Town had it scheduled to be paved in ’05. He urged the Board to stick to the paving schedule and pave Curry Road this year. Emergency vehicles need to be able assist the 13 residents that live there if need be.
James McGrath agreed and echoed the fact that 13 residents live on that road. He felt that it would be more cost effective if the road was paved now. Otherwise it will keep washing out.
Councilperson Schallert stated that the condition of Curry Road is not a unique situation. All dirt roads are in the same shape.
Sheila Ross commented that she liked the conference table and saw no need for the Board to consider spending a lot of money on a new one.
Frank Traglia, representative of the Canadarago Lake Association, asked what the Home Rule Request was.
Chairman Breiten explained that the request is essentially enabling legislation that would allow the people in the three towns that surround Canadarago Lake to establish a Lake Protection District, have it’s own taxing authority and be able to handle the issues that face the lake. Town Attorney Martin Tillapaugh will expand on this later in the meeting.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 52,602.17 Highway Savings: $ 52,259.85
General Checking: $ 14,453.66 Hwy Checking: $117,722.96
MBIA Gen: $ 633,672.89 MBIA Hwy: $816,334.51
MBIA Equipment Fund: $50,186.80
Chairman Breiten reported that FEMA will be reimbursing the town $85,000 toward repairs to eight roads affected during the November flood.
MOTION by Councilperson Potrikus, seconded by Councilperson Kiernan, to pay the following invoices and make the necessary transfers.
GENERAL: #56-#77 $27,213.69
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Highway Superintendent Shawn Mulligan read the Highway Superintendents report. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas 424.4 $ 832.88 424.4 $ 832.88
Diesel 1,702.7 $ 3,670.27 4,600.2 $ 9,626.29
Heating 1,380.6 $ 2,787.53 3,500.9 $ 6,886.20
Svc. $ 266.28 $ 266.28
Mulligan reported that one of the chimneys at the Cemetery Road site fell down as a result of excessive amount of snow sliding off the roof. Replacement is covered by insurance. Garage overhead doors at both Highway sites need repairs. One of the garage overhead doors at the County Highway 26 site is unusable. Parts have been ordered and repair cost will be $1,675. Mulligan showed the Board two types of road signs, one being heavier than the other and requiring a heavier bracket. The heavier signs and brackets will cost approximately $635.00 more than the regular signs.
The Board discussed whether the heavier signs would be harder to steal, making it more cost effective in the long run.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to order the heavier road signs.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
The Building Committee will meet with Mulligan and draft a list of repairs that need to be made.
Town Attorney Tillapaugh reported that, legally, the Board can change the Road Maintenance Schedule. For C.H.I.P. reimbursement the Town needs to show the money is being used to improve roads in the Town.
Chairman Breiten stated that between the money allocated in the budget, along with over $700,000 flood reimbursement money from FEMA, there is enough to follow the 2 year C.H.I.P.s schedule plus make repairs to all other roads in the town.
Councilperson Schallert strongly disagreed with the paving of Smith Cross Road, Keys Road and Marble Road. He said the estimated cost for the three roads is $120,000 and will only serve a few people.
Chairman Breiten felt the Board needs to stick with the five year schedule or else the citizens have no assurance from the Town Board that their road is ever going to be paved.
MOTION by Chairman Breiten to adopt the agreement as proposed. There was no second. MOTION FAILED.
Councilpersons Schallert and Potrikus, David Burch, and Highway Superintendent Shawn Mulligan volunteered to re-evaluate the choice of roads listed on the Agreement for the Expenditure of Highway Moneys and be prepared to make a recommendation to the Board by the April meeting.
Orlo Burch suggested that residents on roads that were scheduled to be paved this year should be notified so they have an opportunity to speak at the next meeting. Councilperson Geddes-Atwell will notify the paper of the Road Permanent Improvement Schedule change.
Mike Miller gave Zoning Enforcement Officer’s report. He reported permits issued since last meeting as being:
Zoning and Planning Permits: 1 Sign Permit: 1
Miller also briefed the Board on Planning Board and Zoning Board of Appeals actions.
Planning Board member John Phillips stated that Planning Board members have difficulty understanding the SEQRA process. He and four others would like permission to attend a SEQRA seminar offered in Albany on March 27th. Cost of the seminar is $329 per person.
Town Attorney Tillapaugh pointed out that it is now a legal requirement that members of the ZBA or Planning Board can not be reappointed unless they have completed four hours of schooling.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to pay for five people to attend the SEQRA seminar.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
MOTION by Councilperson Kiernan, seconded by Councilperson Potrikus, authorizing Chairman Breiten to issue a check for the SEQRA seminar.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Councilman Geddes-Atwell reported that the Comprehensive Planning Committee is now reviewing the implementation strategies of the Comprehensive Plan making sure it matches the surveys.
Town Attorney Tillapaugh reported that the Town will be reimbursing the owners of the Key Bank building approximately $6,002.00 for overpayment of taxes as part of the court settlement with them, due to their over assessed.
Councilperson Kiernan reported that Town Assessor Ferd Thering’s work load has become overwhelming. County Real Property Director Steve Childs, agrees with the increase number of exemptions, sales and properties it has become a two person job. Thering needs a computer to tie into the County’s data and a part-time assistant.
MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to purchase a computer for the assessor’s office.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
MOTION by Councilperson Kiernan, seconded by Councilperson Potrikus, that the Town advertise for a part-time assistant to the assessor, salary negotiable, 15 hr/wk.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Chairman Breiten reported on a Public Presentation Meeting for the Linden Avenue Project. The meeting was well attended. Two separate concept diagrams were proposed. Breiten stated that much of what is being proposed for the Linden Avenue Project is not allowed according to the Town’s Land Use Law. He suggested that the Board consider appointing a committee to review the proposals for Linden Avenue and recommend Land Use Law changes to the Board. There was also a question as to who would own the facility after it is completed.
Councilperson Geddes-Atwell reported that she, Councilperson Schallert, and Town Attorney Tillapaugh will be holding a workshop with Attorney Bob Birch Monday, March 19th , at 9:00 AM in the conference room of Schlather & Birch Law Office.
Councilperson Kiernan submitted minutes of the Board of Ethics first meeting held on March 12th. Individual terms were decided by drawing names out of a bag. She submitted a description of the Board of Ethics regarding their purpose, authority, mission and procedures and recommended that it be posted for public knowledge. Member Orlo Burch created an annual officer/employee ethics certification form which the committee recommends all officials and employees sign every year.
Town Attorney Martin Tillapaugh stated that last year the Board approved a bill that was before the Senate and Assembly which would have created a district around Canadarago Lake letting residents whose property abutted around the lake form their own district, make their own decisions and determine whether they would tax themselves or not. The NYS Comptrollers Office determined that the law was illegal so a new bill is being proposed This bill allows the Towns of Richfield Springs, Exeter and Otsego to form a joint Board and after a series of public hearings establish a Lake Improvement District. Commissioners of the Board would make improvement recommendations to the Town Boards. If the Town Boards of all three Towns agree on the recommended improvements the cost of the improvements would be taxed to the newly established Lake Improvement District.
MOTION by Councilperson Gedde-Atwell, seconded by Councilperson Kiernen, authorizing Chairman Breiten to sign the Home Rule Request to enact a bill authorizing the Towns of Richfield, Otsego and Exeter to establish a Lake Improvement District.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Councilperson Schallert submitted estimated costs of the three bridge options for Stone House bridge replacement. They were as follow:
Multi-Plate arch pipe $194,618.84
Low Profile Box Culvert $330,638.36
Precast Concrete Box Culvert $355,891.64
After discussion it was the consensus of the Board that if FEMA will allow money funding an additional $140,000 for the Low Profile Box Culvert then the Board will agree to spend an additional $25,000 for the Precast Concrete Box Culvert. If FEMA will not grant the Town an additional $140,000 then the Board will direct Spectra to bid the Multi-Plate arch pipe.
Chairman Breiten asked for audit reports which were as follow:
Councilperson Geddes-Atwell stated that Court reports were well done and very organized.
Councilperson Potrikus reported property tax record being organized and deposits were made daily.
Councilperson Schallert stated that Town Clerk records were organized and balanced.
Councilperson Geddes-Atwell submitted amendments to the Procurement Policy which were reviewed by the Board.
MOTION by Councilperson Kiernan, seconded by Councilperson Potrikus, to adopt the Procurement Policy as presented.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Town Attorney Martin Tillapaugh submitted a Resolution proposing Local Law #1 for 2007, limiting only seasonal homes on seasonal roads. The proposed resolution was reviewed by the Board.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to pass the proposed Resolution.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
RESOLUTION ADOPTED: (Resolution Docket pg. 66.)
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to schedule a public hearing for Local Law #1 for 2007 limiting only seasonal homes on seasonal roads for April 11,2007.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Councilperson Kiernan suggested that the Board considered placing a glass case bulletin board to hang outside the building to post notifications, meeting and hearing dates, etc. The Board agreed.
MOTION by Councilperson Kiernan, seconded by Councilperson Potrikus, to go into Executive Session to discuss a personnel issue.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
MOTION by Councilperson Kiernan, seconded by Councilperson Potrikus, to come out of Executive Session.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
MOTION by Councilperson Potrikus to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Meeting concluded at 10:25 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk