A Regular Meeting of the Town Board of the Town of Otsego was held on the 13th day of June 2007 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

Martin Tillapaugh Town Attorney


Chairman Breiten called the regular meeting to order.


MOTION by Councilperson Kiernan, seconded by Councilperson to go into Executive Session to interview an applicant for the Zoning Enforcement Officer position.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


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


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Chairman Breiten asked everyone to please rise for the Pledge of Allegiance.


MOTION by Councilperson Potrikus, seconded by Councilperson Schallert to accept the minutes of May 9th as presented.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


MOTION by Councilperson Kiernan, seconded by Councilperson Potrikus, to accept the minutes of April 11th, as presented.


MOTION CARRIED: Chairman Breiten abstained. All Councilpersons voted aye.


Chairman Breiten reviewed correspondence received since last meeting:



Chairman Breiten opened the floor for comments.


Carl Wenner of Fly Creek voiced his opposition to having a Comprehensive Plan and having laws preventing property owners from doing what they wish with their property. He reminded the Board of their promise to explain at a later date why they felt adopting a Comprehensive Plan was not in direct conflict of one’s Constitutional Rights. Since that has not happened, he is assuming that the Board was not serious about their offer.


Scott Barrett of Brody Mountain explained a problem he’s having with a neighbor building a very large culvert and digging a ditch across his land. Barrett asked that if his neighbor has violated some of the Town’s ordinances, would the Board authorize Town Attorney Tillapaugh to work parallel with his attorney in requesting his neighbor to restore his property back to what it was. After a short discussion it was clear his neighbor had indeed violated a number of Town ordinances and the Board gave Barrett their total support in getting his property restored.


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


General Savings: $ 52,698.25 Highway Savings: $ 22,433.99

General Checking: $ 14,453.66 Hwy Checking: $ 38,392.11

MBIA Gen: $ 601,291.26 MBIA Hwy: $1,159,116.00

MBIA Equipment Fund: $50,822.34


MOTION by Councilperson Potrikus, seconded by Councilperson Kiernan, to pay the following invoices, excluding voucher number 138 to Maxwell Appraisal Services, and make the necessary transfers. Maxwell Appraisal Services bill was not itemized and therefore not in compliance with the contract.

GENERAL: #130-#153 $40,975.33

HWY: #123-#145 $43,852.73


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Highway Superintendent Shawn Mulligan read the Highway Superintendents report. Fuel expenses are as follows:


FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.

Gas $ 790.4 $ 1,674.00

Diesel 546.0 $ 1,248.71 10,112.7 $ 22,210.10

Heating 101.1 $ 216.22 5,264.4 $ 10,599.21

Svc. $ 266.28 $ 266.28


Mulligan presented paving and calcium chloride bids. They were as follow:

MODIFIED BINDER:

Cobleskill Stone Products $228,689.55 @$55.71/ton

Barrett Paving $190,225.70 @$46.34/ton

Hanson Aggregates $184,725.00 @$45.00/ton


LIQUID CALCIUM: MAGNESIUM CHLORIDE:

Vestal Asphalt $1.013/gal (no bid)

Central Asphalt $ .950/gal $ .925/gal


MOTION by Councilperson Kiernan, seconded by Councilperson Potrikus, to accept the lowest type 3 Modified Binder bid offered by Hanson Aggregates at $184,725.00 and Central Asphalts Calcium Chloride bid at 95 cents/gal.


MOTION CARRIED Chairman Breiten and all Councilpersons voted aye.


Councilperson Schallert felt it was important that all roads be inspected by an engineer before paving. If the base isn’t right the paving won’t hold up.


MOTION by Councilperson Potrikus, seconded by Councilperson Geddes-Atwell, authorizing Mulligan to spend up to $2,000 on engineering inspection fees before the roads are paved.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Chairman Breiten read a letter from NYS DOT notifying the Town that they have Red Flagged the upper Allison Road Bridge. Breiten reminded the Board that initially they had instructed Spectra Engineering to bid bridge repairs to upper Allison Road and upper and lower Stone House Road all together. Since the Town is still waiting for FEMA’s approval on modifications and additional funding for the lower Stone House Bridge he suggested the Town bid repairs out separately. Allison Road Bridge and the upper Stone House Bridge being one bid and the lower Stone House Road Bridge being another.


It was the consensus of the Board to instruct Spectra Engineering to bid upper Allison Road Bridge and upper Stone House Road Bridge as one project and complete, but not release, a bid packet for a box culvert for the lower Stone House Road Bridge.


Chairman Breiten reported that Bunn Engineering had given proposal of $7,690.00 to conduct a geotechnical study to correct a stabilization problem on Keating Road. Consensus of the Board was to refuse the proposal. Highway Superintendent Shawn Mulligan assured the Board that the problem could be corrected by digging the existing ditch deeper, adding drains, rip rap and stone, and paving.


Highway Superintendent Mulligan reported that Sterling is offering ten wheeler trucks for $157,000.00 on the State bid. He questioned whether or not the Ford 4x4 dump truck should be repaired with costs exceeding $6,000.


Councilperson Schallert was not in favor of the Town purchasing a Sterling truck. He stated that repairs to Sterling trucks are costly and was concerned that the closest Sterling dealership was in Syracuse.


After discussion the Board unanimously authorized Mulligan to buy a used truck.


Acting Zoning Enforcement Officer Paul Lord reported that 6 permits had been issued since last meeting.


Lord reported that the Comprehensive Planning Committee has scheduled a Public Hearing on the Comprehensive Plan for June 20th at 7:00 PM. It was the consensus of the Board to meet with the Comprehensive Planning Committee on July 5th at 7:00 PM to discuss the Plan further.


Chairman Breiten read the Dog Control Officer’s report submitted by Tom Steele. He received four calls since last month.


Town Justice Dora Cooke suggested that the Board consider conducting a dog census. She learned recently at a meeting she attended that statistics show only 40% of dogs are licensed. Another reason to conduct the census is rabies is still a major threat and NYS requires proof of rabies vaccination before a dog can be licensed. .


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to appoint Dog Control Officer Tom Steele to conduct a Town wide dog census. He will be paid $2.00 a dog.


Councilperson Geddes-Atwell agreed to write a press release.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Chairman Breiten reported being approached by Assessor Ferd Thering who asked that the Assessment Review Board be increased from three members to five.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Potrikus, to increase the Assessment Review Board to five.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


RESOLUTION ADOPTED: (Resolution Docket pg.67 )


Chairman Breiten talked about the advantages of combining the assessor’s office with neighboring towns and the Village of Cooperstown. Councilpersons Geddes-Atwell and Kiernan and Chairman Breiten will meet with Otsego County Real Property Director Steve Childs to discuss the advantages and disadvantages and how it might be achieved.


Chairman Breiten discussed briefly the progress of the Linden Avenue project. Additional mapping on parcel ownership, existing condition, and Land Use has come available. There are three or four possible plans being considered. The engineer has drafted a feasibility assessment which, once finalized, will be submitted and approved funding will be released. The concern is that Bassett’s parking lot on Linden Avenue is in violation of the Town’s Land Use Law. Breiten thinks it prudent to allow the parking lot for the time being until the plan for the Linden Avenue project is completed and the Town has adopted their Comprehensive Plan.


Attorney Bob Birch stated that he met with Otsego Town Attorney Tillapaugh, Hartwick Town Attorney Green and Otsego County Attorney……….. to work out the best case scenario allowing the Hartwick Historical Society to gain ownership of the Lower Toddsville Bridge. What they suggest is that both Towns rescind their Motion to abandon the bridge. The County will then rescind their Motion abandoning the bridge and lease back a right of way across the bridge for the benefit for both Towns. The County would execute a Quick Claim Deed of its right of way and ownership in the bridge back to the two towns who would convey the bridge to the Hartwick Historical Society. Monday the Hartwick Town Board adopted a resolution rescinding its Resolution made January 1998. Otsego County Public Works Committee has unanimously approved the Motion to recommend to the County Representatives that the earlier Resolution to abandon the bridge be rescinded, conditioned upon the Town of Otsego also rescinding their Motion of December 1997 to abandon the bridge. Birch stated that the Town will have control over the lease agreement which will state that the bridge is only meant for walking, biking and cross country skiing.


Joan Hotaling, a Toddsville resident and neighbor to the lower Toddsville Bridge said that the County Sheriff’s Office will not answer any complaints made in relation to loitering and trespassing on the bridge now.


MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Potrikus, to adopt the proposed Resolution rescinding the Town’s prior resolution made December 1997 abandoning the Lower Toddsville Bridge and to agree to accept the reconveyance of the title to the bridge from Otsego County.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


RESOLUTION ADOPTED: (Resolution Docket pg.69)


Chairman Breiten read a letter from Village Mayor Carol Waller. In the letter she states that the Watershed Supervisory Committee, which oversees the protection of Otsego Lake as a drinking water supply for the Village of Cooperstown, is proposing that the Town enter into an Inter-Municipal Agreement (IMA) with the Village for Operation and Maintenance Services if the Town does decide to form a sewer district along Otsego Lake. The new treatment facility would require operation by a licensed operator, which the Village currently has with the operation of its wastewater treatment plant in Cooperstown.


Win McIntyre reported mailing out 90 survey cards asking residents that would potentially be in the proposed sewer district, if they in favor of the proposed district. Out of the 50 cards that were returned poll results showed 37 were in favor of the proposed district and 13 were not.


Chairman Breiten read a letter of proposal from WSC through its Watershed Coordinator, Win McIntyre, providing project management services for the shared wastewater treatment system and sewer district located between 5-mile and 6-mile points on Otsego Lake. After reading the letter Breiten asked McIntyre to submit a cost structure showing estimated hours, hourly rate, and a maximum cost. McIntyre agreed.


Chairman Breiten stated that the NYS Clean Water State Revolving Fund Project Listing form has been filled out for possible low interest funding.


MOTION by Councilperson Kiernan, seconded by Councilperson Potrikus, authorizing Chairman Breiten to sign the NYS Clean Water State Revolving Fund Project Listing.


Breiten signed the application and submitted it to Win McIntyre.


Breiten read a letter from Attorney Robert Poulson Jr. who is representing Marie Curpier, owner of the Hickory Grove. The letter states that Curpier is not opposed to the treatment plant for the proposed sewer district on her property but cannot afford to give away the development rights.


Town Attorney Tillapaugh reported discussing this issue with Attorney Poulson. He argued that Curpier would still have full use of the property and how valuable it would be for the restaurant to tie into the system. The two attorneys agreed to each have two realtors estimate the market value of the land proposed for the system. Tillapauph estimated that the cost for the development rights would be between $75,000.00-175,000.00.


Tim Wales submitted an Engineering Service Agreement which was reviewed by the Board. For $13,000.00 he would complete a map, plan and report for the creation of a new sewer district in the Town of Otsego. A map, plan and report for the creation of the sewer district are needed to hold a public hearing and review from Otsego County Planning Board. If the proposed district is approved, the $13,000.00 engineering fee would be charged back to those in the sewer district.


It was the consensus of the Board to table any decisions until it was first decided how much money Curpier wanted for the developmental rights.


Walter Dusenbury, resident of Cemetery Road, stated that the soil in front of the Cemetery Road Highway Barn needs stabilization and trees. Trees need to be ordered now for fall planting or the Town will have to wait another year. Soil and Water will hydro seed the area free of charge. He estimated a total of 55 trees would be needed to cover the area. The cheapest trees he found were 5-6 ft. white pines at $72.27each.


After discussion it was decided that Dusenbury and Councilperson Potrikus will visit Town and Country Tree to see what they have available and report back to the Board at the next meeting.


MOTION by Councilperson Schallert, seconded by Councilperson Kiernan, authorizing Councilperson Geddes to schedule hydro seeding, to be done at the Cemetery Road Highway Barn site.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Judge Cooke told the Board that a reorganization of Justice Courts is being considered by NYS and she presented a Resolution that Judge Wolff and she are asking the Board to adopt. There is a 300 year tradition of non-lawyer judges presiding over the local Town Courts and the Resolution states that the Town Board is in support of the Justice Court System as it exists now and that they oppose any effort to require local Justices to be attorneys as well as any effort to change the court system which would limit local and convenient access to the Court by it citizens.


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell to adopt the proposed resolution opposing any requirements that Town Justices be attorneys.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


RESOLUTION ADOPTED: (Resolution Docket pg.70)


After a short discussion it was decided to re-advertise the Zoning Enforcement Officer position.


MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell to hold a tire collection day at MOSA on July 7th.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


$2,000 was allocated for tire collection.


Chairman Breiten said it was brought to his attention that there are only a few farm land exemptions in our town. Otsego County Real Property Director Steve Childs has provided address labels for all those that may be eligible for a farm land exemption. Breiten offered to write a letter inviting them to a meeting to explain how these can qualify for a farm land exemption. The Otsego County Planning Office informed Breiten that in an attempt to protect open space and help the land owners afford there large parcels of land, the Board can pass a Town Exemption Law. There is also a Conservation Easement Exemption available by the State which helps to make taxes affordable for people that want to keep their property rather than subdivide.

MOTION by Councilperson Potrikus, seconded by Councilperson Schallert to adjourn.


MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.


Meeting concluded at 10:25 PM.




Respectfully Submitted,



Pamela Deane

Town Clerk