The Regular Meeting of the Town Board of the Town of Otsego were held on the 14th day of November at the Town Building, Fly Creek, and NY at 7:00 PM.


Those present were:

Thomas Breiten Chairman

Anne Geddes-Atwell Councilperson

John Schallert Councilperson

Meg Kiernan Councilperson


Others Present:

Pamela Deane Town Clerk

Shawn Mulligan Highway Superintendent

Martin Tillapaugh Town Attorney



Chairman Breiten called the Public Hearing for the 2008 Town Budget to order.


There were no comments from the public.


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to close the Public Hearing.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Chairman Breiten explained that the Public Hearing scheduled for the Comprehensive Plan did not make all three designated papers but the Town Board welcomed comments from the audience.


Ester Nelson said she would like to see the wording “including reasonable set backs for new construction in rural areas” added to the proposed Comprehensive Plan and, the removal of the words St. Hwy. 80 and St. Hwy. 205 intersection when describing possible establishment of a new commercial district. She proposed a Motion to modify the current Land Use Law to increase the existing side and back yard set back requirements for new rural construction.


Harry Teich, who resides on Raymond Fish Road, also asked that the intersection of St. Hwy. 80 and St Hwy. 205 be removed from the Comprehensive Plan as a possible establishment of a new commercial district. Teich stated that it is a dangerous, high speed intersection and not a suitable area for commercial businesses.


In response to Teich’s comment Planning Board Chairman and Comprehensive Planning Committee member Paul Lord stated that there are few places in the Town that have the type of highway infrastructure to support the commercial development that was requested by many business people.


Teich felt that this goes against preserving the existing patterns of use of hamlets and rural areas. It goes against preserving the historical and natural character of the Town. It goes against maintaining existing road networks and minimizing hazardous congestion. All these things are stated as part of the vision in the proposed Comprehensive Plan.


Kim Stockwell, a resident of St. Hwy 205, is against the area being developed. He pointed out that Paul Lord answered Bill Michaels last meeting that the Comprehensive Plan is not supposed to be specific yet it mentions specifically one intersection in the whole Town for a possible commercial district. Stockwell felt there were safer intersections in the Town that could be considered and existing commercial areas that can be expanded. He agreed with Ester Nelson and Harry Teich that the statement recommending the St. Hwy 80 and St. Hwy 205 intersection for possible establishment of a new commercial district should be removed from the proposed Comprehensive Plan.


Steve Gadomski was concerned that not all recommendations are consistent with other objectives in the plan. He just built a new house that overlooks the intersection of St. Hwy, 80 and St. Hwy. 205 and would have had second thoughts about doing so if he had known that intersection was going to be considered for a commercial district. Gadomski agreed with Teich that that intersection is very dangerous. Making it commercial would only increase traffic. DEC will have issues with the wet lands located on that corner. Designating that intersection commercial would create a commercial sprawl since the nearest designated commercial district is 2 ½ miles away. In closing Gadomski suggested that because of St. Hwy 205’s scenic beauty it be preserved as a scenic by-way.


Bill Michaels stated that though he felt there is a need to increase or add onto commercial zones he thought the proposed Plan should not specifically target St. Hwy 205 and 80 intersections.


Sheila Ross stated that she grew up in a house located at the corner of St. Hwy. 205 and St. Hwy 80 intersection and at that time the intersection was called “Dead Mans Curve.” She was also not in favor of that intersection being considered for a commercial district.


Greg O’Neil asked that he be on record as requesting the removal of the statement in the proposed plan recommending the intersection of St. Hwy 80 and St. Hwy 205 be considered for possible establishment of a new commercial district.


Carl Wenner remarked on a question he had asked Nan Stoltzenburg, the consultant hired by the Town in updating the Comprehensive Plan. Wenner had asked Stolzenburg how many Comprehensive Plans result in more regulations on land owners and how many results in fewer regulations on land owners. It was his opinion the score would calculate 99% to 1% in favor of an increase in more regulations on land owners. People supporting the GEIS wanted more regulations on land owners. The point he wanted made was there seems to always be someone looking to control the lives of others. For example, the people residing near the intersection of St. Hwys. 80 and 205 all asked why this intersection was the only intersection mentioned in the Plan. Wenner presumed that intersection was chosen because none of those responsible for drafting the Plan live on St. Hwys. 205 and 80.


Tony Scalici stated that he was part of a group that looked at land-use development twenty years ago. He felt that the questions in the survey were very limited and skewed for certain results. He disagreed with the statement in the plan suggesting the expansion of hamlets. Most hamlets are built along creeks and slopes. Limiting all your development around hamlets would continue past bad habits where sewage usually ended up in the creek. Scalici liked the idea of modeling hamlets, clustering development where it is best environmentally suited for water and septic and at the same time preserves open space. He would like the plan to define affordable housing. Homes priced according to a certain proportion of a persons income which is different from low income housing. If the survey dealt with employers and their needs and the needs to have affordable opportunities for new housing in this area he felt the proposed Comprehensive Plan would look different. More than likely the first priority would be developing opportunities for diverse affordable housing. In closing he thanked all those who dedicated their time and efforts on the proposed plan and apologized for not making himself available but he thinks the plan was basically derived from some formula that came from the Town’s consultant and not particularly insightful. The Town is going to be held accountable in court for what is stated in the plan. The less verbiage and the less subjective type concepts, the better off the Town is legally. The plan should only state what the Town absolutely wants to see in the future.


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


Chairman Breiten announced that the Board had met just prior to the meeting to interview applicants for Planning Board and Zoning Board of Appeal vacancies.


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell to accept the minutes as presented.


Because Councilman Potrikus was not able to attend the meeting Councilperson Geddes-Atwell read his written comments pertaining to the minutes. Councilman Potrikus’s felt the 2008 Budget Workshop minutes of October 19th lacked in detail. He would like to have seen information recorded concerning the Town Clerk’s compensation package. He believes that this is an ethics issue in that the clerk is responsible for recording minutes of a meeting that involves her own compensation package and there should be an established protocol for turning over the recording of meeting minutes when any discussion regarding the clerk is involved. Councilperson Potrikus also questioned the importance of a statement made in the October 10th minutes whereby Chairman Breiten, in response to the Board requesting yet another budget workshop, told the members that they needed to be more prepared when coming to a meeting.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to accept the minutes of October 10th.


Chairman Breiten asked for discussion.


Carl Wenner felt he was misquoted in the October 10th minutes and would like to see added that he supports Jane Clark’s right to do what she wants. She can bulldoze every piece of property she owns as far as he is concerned.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Schallert that Wenner’s statement made at the October 10th meeting be clarified by the tape recording in approving the minutes.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, that the Town Clerk revises the October 19th minutes by adding further detail.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


MOTION by Councilperson Kiernan, seconded Geddes-Atwell by to accept the minutes of November 7th as presented.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Chairman Breiten reviewed correspondence received since last meeting.


Chairman Breiten read a letter of notification from the Farmers Museum of their intent to renew their NYS liquor license for Bump Tavern. There were no objections from the Board.


Chairman Breiten opened the floor for comments.


Sheila Ross objected to elected officials being given raises other then years their seat is up for election. She argued that Elected Officials know what their salaries are when they run for election. Ross also questioned why a part-time assessor is making $28,500 and a full time Highway Superintendent is only making $34,000.


Chairman Breiten explained that the $28,500 in the Assessor’s budget line item is for two people who are needed to help with the transition to a new assessor and to handle the Town’s current re-val.


Bill Michaels wanted to comment on the October 10th minutes that mentioned that the Comprehensive Planning Committee felt his comments were too specific. Michaels agreed that his comments were specific but his comments and questions also decreased the degree of specificity, which is in line with what the Comprehensive Plan is.


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


General Savings: $ 2,889.41 Highway Savings: $ 42,522.42

General Checking: $ 11,361.75 Hwy Checking: $ 48,764.69

MBIA Gen: $ 613,544.81 MBIA Hwy: $1,052,517.70

MBIA Equipment Fund: $51,857.90


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to accept the financial report as given.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


MOTION by Councilperson Schallert, seconded by Councilperson Kiernan, to pay the following invoices and make the necessary transfers.

GENERAL: #243-#268 $27,362.84

HWY: #246-#269 $99,872.26


Councilperson Geddes-Atwell had questions regarding some of the highway bills which were satisfactorily answered by Highway Superintendent Shawn Mulligan.


Councilperson Kieran had a question about a chair quote from Hummel’s which was added to the warrant. After a short discussion, it was decided it was not appropriate to include the quote with the warrants.


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 144.0 $ 373.75 1,936.4 $ 4,402.81

Diesel 1,268.1 $ 3,334.12 15,015.9 $ 34,277.69

Heating -0- $ -0- 5,266.1 $ 10,603.50

Svc. $ 266.28 $ 266.28


Mulligan reported updating the 5 year road improvement schedule for CHIP’s. through 2008. He has been reviewing ten different roads with Hansen and Central Asphalt.


Councilperson Schallert disagreed with Marble Road and Key Road being placed on the improvement schedule because, in his opinion, they don’t go anywhere.


Chairman Breiten read a letter from FEMA representatives reminding the Town that certification reports need to be filed with them by January 7th, 2008. Mulligan volunteered to fill out and mail the necessary FEMA reports.


Mulligan reported re-bidding the replacement of Lower Stonehouse Road and Allison Road Bridges. Bids are scheduled to be opened January 14th, 2008. Mulligan also stated that he intends to close the lower end of Allison Road December 1st.


The Zoning Enforcement Officer report was given by John Stucin. The following permits were issued since last month:


Zoning Permits: 8 Sign Permit: 1 Demolition Permit: 1


Dora Cooke asked who the Town’s Health Officer is.


Chairman Breiten replied that there is none at this time and in that situation, the Town Supervisor becomes health officer by default.


Chairman Breiten stated that Councilman Potrikus had asked what was the correct way to handle the Zoning Officer needing a Zoning Permit.


Town Attorney Martin Tillapaugh replied that the correct protocol would be the Town having an Intermunicipal Agreement with a Zoning Officer in another Town. This agreement allows either Zoning Officer from either Town to step in if a conflict arises in their own Town. Attorney Tillapaugh volunteered to submit a Co-operative Intermunicipal Agreement for the Boards’ consideration at the December meeting.


Dog Control Officer Tom Steele reported having 2 running-at-large calls since last month.


Chairman Breiten reported that the Town’s revaluation seems to be right on target.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to accept all reports as given.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


MOTION by Councilperson Schallert, seconded by Councilperson Geddes-Atwell, to adopt the proposed 2008 Town Budget excluding raises to elected officials.


Chairman Breiten asked if there was any discussion.


Councilperson Schallert stated that he’s not in favor of incumbents receiving a 3% raise on off years of election.


Chairman Breiten felt it less of an impact on the tax payers if elected officials were given a 3% raise every year rather than a 12% raise every 4 years.


Councilpersons Geddes-Atwell and Councilperson Kiernan agreed with Councilperson Schallert.


Councilperson Geddes-Atwell withdrew her second on the Motion.


MOTION DIES.


Councilperson Schallert and Councilperson Kiernan volunteered to head a committee to draft a Resolution addressing raises for elected officials.


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to accept the proposed 2008 Town Budget as it stands.


MOTION CARRIED: Chairman Breiten, Councilpersons Geddes-Atwell and Kiernan voted yes.

Councilperson Schallert abstained.


The Board scheduled a Public Hearing for the proposed Comprehensive Plan for December 12th at 7:00PM.


Sewer District Project Manager Win McIntyre reported that the map plan report for the proposed sewer district is now on the Town’s website. Land now under consideration for the sewer site in owned by Manacherian. The SEQR process needs to be done now before snow starts. McIntyre can’t start the grant process until SEQR is completed. His recommendation was to hold off on doing anything more until land for the sewer plant is acquired. The Board agreed.


Town Attorney Tillapaugh reported that Attorney Robert Birch has prepared deeds conveying the Toddsville Bridge from the County to the Towns of Hartwick and Otsego, who then convey it over to the Hartwick Historical Society. Birch also prepared a lease agreement between the Towns of Hartwick and Otsego and the Historical Society whereby the Hartwick Historical Society will lease for 30 years to the Towns of Hartwick and Otsego a pedestrian right-of-way extending from the intersection of the westerly abutment of Pratt Truss Bridge (better known as the Lower Toddsville Bridge) to the easterly abutment of Pratt Truss Bridge in the Town of Otsego. The agreement also addresses other uses for the bridge, lease renewal, and termination of the lease.


Joan Hotaling stated that she does not want to see surveillance cameras or electricity on the bridge.


MOTION by Councilperson Schallert, seconded by Councilperson Kiernan, authorizing Chairman Breiten to sign the lease agreement with the Hartwick Historical Society provided that it is added to the lease that no security cameras, electricity or boat slips are allowed.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Martha Fry, Director at Otsego 2000, stated that in the Towns of Warren and Stark the installation of 68 turbines has been proposed. In trying to mitigate the projects visual impact to the Glimmerglass Historic District the Public Service Commission has mandated the removal of 19 of the turbines. Their decision is being challenged by the developer and the Towns of Stark and Warren. Fry asked the Board if they would consider writing a letter of support upholding the Public Service Commissions decision.


It was the Boards decision to table sending a letter of support until the Board members have had a chance to read the report submitted by Fry.


Chairman Breiten reported that he was asked by a Fly Creek resident if those in Fly Creek Valley if they could possibly go back to voting in Fly Creek instead of going all the way into Cooperstown.


Deputy Commissions of Elections, Sheila Ross stated that one rule in determining a voting district is following natural boundaries. Fly Creek Valley has none so changing the district can’t be done.


Chairman Breiten read a letter from Friends of Bassett asking permission to exhibit a fire work display on New Years Eve at midnight at the Country Club.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to allow Friends of Bassett to hold their annual fire works display at the Country Club on New Year’s Eve.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


After discussion it was decided by the Board to schedule a workshop on November 26th, at 7:00PM to review the Comprehensive Plan and Health Insurance options.


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, authorizing the purchase of board room chairs not to exceed $1,170.90.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to go into Executive Session to discuss Planning Board and Zoning Board appointments.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kieran, to come out of Executive Session.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to appoint Bill Kitchen to the Zoning Board of Appeals and Stephen Purcell to the Planning Board.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


The Board of Ethics Committee is going to meet and prepare a clear cut policy explaining when it is appropriate for a Planning Board member to represent an applicant and when it is appropriate to represent themselves.


MOTION by Councilperson Kiernan to adjourn.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Meeting ended at 10:30PM.


The next regular meeting will be December 12th, 2007 at 7:00PM at the Town Building in Fly Creek.



Respectfully submitted,




Pamela Deane

Town Clerk