A Regular Meeting of the Town Board of the Town of Otsego was held on the 7th day of May, 2008 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 Schallert, seconded by Councilperson Kiernan, to accept the minutes of April 9th as presented.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Chairman Breiten introduced Engineer Tim Wales and Project Manager Win McIntyre to discuss the status of the proposed Hickory Grove Sewer Project. Originally the proposed project was reduced in size to reduce cost. The revised proposed district would serve fewer camps resulting in less flow and a smaller service area. The system is easy to construct, unobtrusive and quiet. Those in the proposed district will be able to vote on whether or not they are in favor of the proposed sewer district. The alternative if a sewer district is not created would be individual replacements. McIntyre feels the proposed sewer district is a better solution for Otsego Lake.
It was the consensus of the Board to schedule a public Informational Meeting for June 2nd at 7:00PM.
Chairman Breiten shared with the Board correspondence received since last meeting.
Chairman Breiten read a letter of notification from the Fly Creek Cider Mill notifying the Town Board of their intent to renew their application to operate their farm winery. The Board had no objections.
Chairman Breiten opened the floor for comments.
Carl Wenner of Fly Creek suggested the Board consider heating the highway garage with an outside wood furnace. The building could be heated free of cost from trees cut from State, County or Town highway crews. On another note he would like any future laws written to support the Comprehensive Plan have a sunset clause of five years at which time a new Town Board will review and decided whether they should be revised, deleted or put back as is.
John Cankar expressed his dismay with the removal of all the maple trees and antique rod iron fence in front of the Fly Creek Cemetery. The fence was historic. Cankar feels the appearance of the cemetery with the trees and the fence now gone, looks absolutely pathetic. He believes the trees were in the Town’s right-of-way and therefore the Town should have the stumps ground out. Shirlee Rathbone and Jessie Ravage agreed with Cankar. Ravage suggested that the fence be put back 20 ft. from where it originated to create a visual barrier. She didn’t think it would be that expensive to grind the tree stumps or scrape and repaint the fence.
Town Attorney Martin Tillapaugh explained that the Fly Creek Cemetery belongs to and is overseen by the Fly Creek Cemetery Association not the Town. They need to discuss their concerns with them. The Town Board can act on any issues concerning the right –of- way such as the stumps. Taxpayer’s money cannot be spent on a privately owned and operated cemetery.
Scott Fickbohm from Otsego County Soil and Water updated the Board on the Canadarago Lake Dam project. Frickbohm reported that the District will be able to contribute $50,000.00 towards the cost of the study looking for solutions to the lakes health problems. These funds will translate into a reduction of 50% off the original offer from $2,500.00 instead of $5000.00. Frickbohm invited the Board to attend a meeting of the contributing partners on June 5th at 10AM at the Meadows Office Building to discuss the project, its timeline and any other relevant issues with representatives of the Malcolm Pirnie Engineering Firm. Frickbohm requested the Board to consider voluntarily contributing their “savings” towards the development of a “State of the Lake Report”. Surrounding Towns around Canadarago Lake will be asked to do the same. When the time comes, having this document, as well as the Malcolm Pirnie Report, will demonstrate to the people and agencies at the federal level that we at the local level are committed to solving this problem and are serious about protecting this wonderful resource.
The Board unanimously decided to contribute $2,500 toward the study and an additional $2,500 toward the report.
Chairman Breiten submitted a financial report. Balances are as follows in the various accounts:
General Savings: $ 83,176.22 Highway Savings: $ 143,003.44
General Checking: $ 39,787.55 Hwy Checking: $ 57,094.72
MBIA Gen: $331,036.49 MBIA Hwy: $ 365,562.08
MBIA Equipment Fund: $ 52,709.06 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 Schallert, seconded by Councilperson Kiernan, to pay the following invoices and make the necessary transfers.
GENERAL: #93-#117 $ 38,029.26
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Highway Superintendent Shawn Mulligan read the Highway Superintendent’s report. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas 125.0 $ 380.38 803.0 $ 2,236.31
Diesel 1,403.0 $ 5,095.15 8,839.7 $ 29,257.71
Heating 481.4 $ 1,716.31 4,302.5 $12,771.07
Svc. $ -0- $ -0-
Mulligan presented bid results for Type 3 Modified Binder and Asphalt Concrete Paving which were as follow:
Cobleskill Stone Products $87.49/ton $23,622.30
Hanson Aggregates NY Inc. $75.79/ton $20,463.30
Barrett Paving Materials Inc. $75.00/ton $20,250.00
Mulligan then submitted the only bid offered for Liquid Calcium Chloride, Magnesium Chloride, Stone and Oil, and Pugmill submitted by Central Asphalt-Div. of Suit –Kote. The bids were reviewed and discussed by the Board.
MOTION by Councilperson Kiernan, seconded by Councilperson Geddes-Atwell, to accept Barrett Paving Materials, and Central Asphalts bids as presented.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Mulligan reported meeting with Springfield Highway Superintendent Jeff Miles to discuss an Intermunicipal Agreement between the Town of Otsego and Springfield. In this agreement Springfield would agree to plow Vibbard Road to the George Hymas property. Miles will ask his Town Board if they would be agreeable in entering into an Intermunicipal Agreement with the Town of Otsego.
Mulligan reported that Fork Shop bridge was red flagged by the State. He contracted with Spectra Engineering to inspect the bridge and draw up specifications to repair it. The bridge has a cracked frame.
The Zoning Enforcement Officer report was given by John Stucin. The following permits were issued since last month:
Site Plan Review: 1 Subdivisions: 3 Area Variances: 2
Zoning Permits: 4 Demolition Permits: 2
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Dog Control Officer Tom Steele reported having one dog related case pending in court.
Councilperson Kiernan stated that Town Assessor Marie Walters would like the Town Board to appoint two more people to the Assessment Review Board. It was the consensus of the Board to schedule an emergency meeting for May 19th at 8:30AM at the Town Building to appoint two additional people temporarily to the Assessment Review Board.
Councilperson Michaels submitted minutes taken from a meeting between Councilperson Schallert, Highway Superintendent Mulligan and himself on April 24th to discuss an addition to the existing highway building on Cemetery Road. Councilperson Michaels submitted for the Boards review, drawings of what the committee is proposing for an addition to the highway garage on Cemetery Rd.
MOTION by Chairman Breiten, seconded by Councilperson Schallert, to higher engineer John McManus to meet with the Building and Grounds Committee and draft a preliminary drawing and cost estimate for a 120’X60’ building.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Councilperson Geddes-Atwell estimates a new website for the Town to cost between $5,000.00-10,000.00.
After a short discussion it was the consensus of the Board, to authorize Councilperson Geddes-Atwell and Councilperson Michaels to draft an RFP for the design of a new website to be submitted to the Board for review before sending it out.
Chairman Breiten read a letter from Otsego County Planning Board asking the Board to review, complete and sign a Referral Agreement between the Town and the Otsego County Planning Board.
MOTION by Councilperson Michaels, seconded by Councilperson Geddes-Atwell, to enter into an Intermunicipal Agreement with the County Planning Board whereby the Supervisor of the Town of Otsego be authorized to execute the Otsego County Planning Board Agreement and to indicate that all of the items listed shall be exempt from County Planning Board review.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Councilperson Kiernan presented for the Board’s review a Disclosure Statement drafted by the Board of Ethics Committee. The disclosure statement shall be signed by all persons appearing before any Board in the Town of Otsego. Any person serving on the Planning or Zoning Board must disclose verbally any interest they might have with the applicant. If any Board member thinks he/she may have an interest in the applicant, the Board of which they are presently serving on, will then be called upon to vote to determine if the majority feels that said member should recuse him/herself from any discussion or vote pertaining to the applicant.
Chairman Breiten read a letter from the Fly Creek Fire Commissioners requesting a $300.00 annual property tax cut for fire fighters and EMS personnel. They feel this would be an enormous help in retention and recruitment of volunteers. Many other communities, statewide, have similar programs involving tax cuts or pension plans.
It was the decision of the Board that incentives only be offered to Active Fire Fighters and EMS personnel. The Commissioners need to define “Active”.
MOTION by Councilperson Geddes-Atwell, seconded by Councilperson Kiernan, to go into Executive Session to discuss a personnel issue.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
MOTION by Councilperson Michaels, seconded by Councilperson Kiernan to come out of Executive Session.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
After a short discussion it was the consensus of the Board to pay Deputy Assessor Ferd Thering through June and invite the public to join the Town Board in showing their appreciation to Ferd on June 11th between 6:00 PM-7:00PM at the Town Building before their monthly Board meeting.
MOTION by Councilperson Michaels, seconded by Councilperson Geddes-Atwell to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilpersons voted aye.
Meeting ended at 10:00PM.
The next regular meeting will be June 11th, 2008 at 7:00PM at the Town Building in Fly Creek.
Respectfully submitted,
Pamela Deane
Town Clerk