A Regular Meeting of the Town Board of the Town of Otsego was held on the 12th day of March 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
Bill Michaels Councilperson
Others Present:
Pamela Deane Town Clerk
Shawn Mulligan Highway Superintendent
Martin Tillapaugh Town Attorney
Chairman Breiten called the meeting to order and asked all those in attendance to please rise for the pledge of allegiance.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to accept the minutes of February 13th as presented.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Chairman Breiten read correspondence received since last meeting.
Chairman Breiten opened the floor for comments.
John Phillips expressed his discontent with the Town revaluation. He felt the Town Board needs to be sensitive to those whose taxes will considerably be increased. Phillips hasn’t found anyone whose taxes are going down.
Chairman Breiten stated that the Town was in need of a revaluation because the taxes were no longer being distributed equally. Not everyone was paying their fair share. Different areas of the Town were increasing in value at a greater rate then others.
Carl Wenner commented on Planning Board Chairman and Comprehensive Planning Committee member Paul Lord’s arrogant attitude at the February Town Board meeting defying anyone who dare change the proposed Comprehensive Plan submitted by the committee. Wenner believes the Comprehensive Plan and new Local Land Use Laws are based on unfounded fear. As far as the flooding problem on Canadarago Lake Wenner wondered if someone were to take a stick of dynamite and blow the damn up in the middle of the night would you see any change in the parts per million in the sediment flowing down Oaks Creek or an increase in the amount of gallons of water per minute/per day leaving Canadarago Lake. If not then why waste money on a study.
Leslie Freedman expressed her dissatisfaction with the revaluation process. She feels the assessments arrived at by the appraisers are arbitrary and need to be addressed. The value placed on her home by a local realtor was $200,000.00 less than what the appraisers listed it at.
Town Attorney Martin Tillapaugh explained that the grievance process is informal, adjustments are made and most people walk away satisfied. He explained that in order to file a law suit against the Town involving your assessment one must go through the grievance process first or you will be precluded from filing a law suit.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 132,954.27 Highway Savings: $ 52,633.47
General Checking: $ 22,362.08 Hwy Checking: $ 69,758.11
MBIA Gen: $329,722.80 MBIA Hwy: $ 563,916.48
MBIA Equipment Fund: $ 52,499.89 CD-12month $1,000,000.00
MOTION by Councilperson Michaels, seconded by Councilperson Kiernan, to accept the financial report as given.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
MOTION by Councilperson Kiernan, seconded by Councilperson Schallert, to pay the following invoices and make the necessary transfers.
GENERAL: #49-#71 $ 41,731.78
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 266.0 $ 703.87 518.0 $ 1,392.33
Diesel 1,450.2 $ 4,663.84 5,443.0 $16,855.19
Heating 780.7 $ 2,390.44 2,861.5 $ 7,831.70
Svc. $ -0- $ -0-
Mulligan reported that the new 10- wheeler MACK truck that was ordered in October ‘07 will be delivered within the next two weeks. He submitted for the Boards review contracts from Spectra Engineering for the restoration of the two bridges that were bid in January, Allison and Stone House. After a short discussion it was the consensus of the Board to authorize Chairman Breiten to sign the contract.
Keith Hribar asked when he would be reimbursed for damages done to his truck by one of the Town’s snowplows.
Mulligan assured Mr. Hribar that all the necessary information had been sent into the Town’s insurance company and he should be hearing from them very soon.
The Zoning Enforcement Officer report was given by John Stucin. The following permits were issued since last month:
Site Plan Review: 5 Subdivisions: 3 Special Permit: 4
Stucin asked that the Board review and consider clarifying much of the Land Use Law’s definitions.
The Board asked Stucin to ask the Planning Board if they would make a list of recommended changes they feel are necessary to the Land Use Law. When they are ready the Town Board will schedule a combined workshop with the Planning Board.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to schedule Grievance Day for June 2nd and June 3rd as an alternate date.
MOTION CARRIED: Chairman Breiten and all Councilpersons’s voted aye.
MOTION by Councilperson Michaels, seconded by Councilperson Kiernan, to reappoint Bill Kitchen to the Assessment Review Board.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Councilperson Schallert reported asking 911 Otsego County Coordinator Butch Jones, his recommendation on whether the Town should have on hand for emergencies a generator and if so what size. Jones advised that the Town have at least one generator to operate the fuel pumps for the highway garage. He suggested the Board hire Kaps Krew Electric to evaluate the buildings and determine the appropriate size generator needed. Jones recommended that the Board approach Senator Seward for grant money to help offset the cost.
Councilperson Geddes-Atwell reported working with Sy-la-bles the Town’s website supplier, in making the site more organized and user friendly. She asked the Board members to review the revised and adopted Comprehensive Plan one more time, assuring everyone agrees on the revisions that were made.
Chairman Breiten read a letter from Councilperson Kiernan stating that the Board of Ethics Committee met and reviewed an issue raised in an e-mail from Planning Board Chairman Paul Lord. It was decided by the committee that there must be disclosure of any personal or financial interest with individuals and matters brought before the town that might lead to either a real or perceived conflict of interest. In review of the facts presented to the committee it was felt that even if there was no clear and disclosed conflict of interest the fact that even one member of the Planning Board felt there could be created a conflict of interest.
Councilperson Michaels stated that the Village of Cooperstown can only open five out of the seven damn gates. Otsego Lake continues to rise and erode the shoreline. Being able to have full control of the damn should be a priority and he would like to see improvements made so that all seven damn gates can be opened. Councilperson Kiernan agreed to talk to the Watershed Committee and see what their feeling is.
MOTION by Councilperson Kiernan, seconded by Councilperson Michaels, to accept all reports as given.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
MOTION by Councilperson Kiernan, seconded by Councilperson Michaels, to accept Cornerstone’s telephone proposal for a new telephone system.
Councilperson Schallert asked that the vote be tabled until the April meeting. The Board was all in agreement. MOTION was rescinded.
Chairman Breiten submitted a yearly agreement from the SPCA which the Board reviewed.
MOTION by Councilperson Michaels, seconded by Councilperson Kiernan, authorizing Chairman Breiten to sign the SPCA contract agreement.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Chairman Breiten announced receiving notification from NYS Unified Court System that the Town of Otsego Justice Court has been awarded from their grant request $13,709.48 most of which is for security equipment.
MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, authorizing Judges Wolff and Cooke to purchase all equipment specified in the grant.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Chairman Breiten read a letter from the Fly Creek Fire Commissioners Board asking that they include the installation for dry hydrants at the bridges on Allison Road and Stone House Road during the repairs scheduled for 2008, as well as any and all future repair or replacement bridge or culvert work within the Fly Creek Fire District. The Fire Commissioners have adopted a resolution, indicating their willingness to pay for all the materials required to build each such dry hydrant as well as to perform annual maintenance on the hydrants.
It was the consensus of the Board to have the Superintendent of Highways co-ordinate with the Fly Creek Fire Company the installation dry hydrants at the Allison Road and Stone House Road Bridges.
Chairman Breiten read a letter from Wes Ciampo stating that the Fly Creek Historical Society would like to place four signs designating entrance to the Fly Creek Historical District but the Town’s Land Use Law has no provision for the signs.
Attorney Tillapaugh stated that the Board has three options to consider.
After a short discussion it was the decision of the Board that the Fly Creek Historical Society considers purchasing and placing standard NYS Historic District signs.
The Board discussed the possibility of holding a tire, metal, and furniture, junk day.
MOTION by Councilperson Kiernan, seconded by Councilperson Schallert, to schedule a junk day for May 17th from 7:00 AM – 2:00 PM for residents only. NO businesses.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
The Board discussed briefly what implementation strategies listed in the Comprehensive Plan they would like to address first. It was their decision to first examine all definitions in the Land Use Law for clarity.
MOTION by Councilperson Michaels, seconded by Councilperson Geddes-Atwell to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Meeting ended at 8:55 PM.
The next regular meeting will be April 9th, 2008 at 7:00PM at the Town Building in Fly Creek.
Respectfully submitted,
Pamela Deane
Town Clerk