A Regular Meeting of the Town Board of the Town of Otsego was held on the 10th day of January at the Town Building, Fly Creek, and NY at 5:30 PM.
Those present were:
Thomas Breiten Chairman
Joseph Potrikus Councilman
Anne Geddes-Atwell Councilman
John Schallert Councilman
Meg Kiernan Councilman
Others Present:
Pamela Deane Town Clerk
Shawn Mulligan Highway Superintendent
Mike Miller Zoning Enforcement Officer
MOTION by Councilman Schallert, seconded by Councilman Kiernan, to go into Executive Session to conduct interviews for upcoming appointments. Planning Board Chairman Paul Lord was invited to participate in the interviews.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Schallert to come out of Executive Session.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten called the regular meeting to order and asked that everyone please rise for the Pledge of Allegiance.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to accept the minutes of December 8th, December 28, and January 2, as presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Chairman Breiten reviewed correspondence received since last meeting:
A letter from NYS Department of Environmental Conservation (DEC) listing numerous violations found after an inspection of the highway facility on March 16th, 2006. Because there was no response to the Notice of Violations by the Superintendent of Highway in 2006 the DEC imposed a fine that had been reduced to$4,000. Chairman Breiten stated that the violations have since been addressed and Town Attorney Martin Tillapaugh is attempting to get the fine reduced.
Chairman Breiten announced that a one day seminar on SEQRA is being offered in Syracuse on March 2nd. Registration cost is $369.00 per/person. Planning Board member John Phillips and Councilman Potrikus expressed an interest in attending. Chairman Breiten stated that there should be enough money in the budget to cover the cost.
Chairman Breiten submitted a written report from Lieutenant Governor Mary O. Donohue on Quality Communities Interagency working Group. The report highlights the progress the group has made together to improve the quality of life in New York’s communities along with recommendations to continue fostering the goals of State and local leaders.
Chairman Breiten opened the floor for comments.
John Phillips thanked the Board members that attended a Special Meeting held by the County Representatives. The purpose of the meeting was to discuss possible solutions in correcting a budget error, which inadvertently caused an over all tax increase of 22%.
Orlo Burch asked when Curry Road is going to be repaired. He stated that traffic has increased significantly since a major subdivision was approved a few years ago. Road conditions are so bad Cooperstown School refuses to send school buses up their road. Residents have been driving their school aged children to school. Other residents of Curry Road also spoke on the impassable condition of the road.
Chairman Breiten stated that the road repair schedule did get set back a year because of the June 27th flooding disaster last year. Curry Road is scheduled to be done this year. Superintendent of Highway Shawn Mulligan agreed to inspect the road and see if anything can be done in the interim.
Esther Nelson asked the Board to consider increasing the minimum 30 ft. side yard setback mandated in the Town’s Land Use Law in Districts RA-1 and RA-2. She feels that having only 60 ft. between houses is insufficient and will impact the quality of life and the quality of the neighborhoods, in rural areas.
Bill Michaels reminded the Board their promise to research the possibility of adopting a resolution prohibiting the expansion of seasonal roads.
Chairman Breiten stated that the Town of Laurens Supervisor, who is also the Supervisor of the Otsego County Supervisor Association, has invited Town Attorney Tillapaugh to talk about that very topic. It is a widespread concern with many Towns.
Joan Hotaling pointed out that at the December meeting Councilman Geddes-Atwell had agreed to chair a committee to work with both those for and against the Lower Toddsville Bridge being reopened as a walking bridge. Councilman Geddes-Atwell clarified that she agreed to be a liaison for the citizens as there was already a strong citizen’s committee. Hotaling then went on to say that neither she nor other bordering neighbors have been approached to participate in resolving this issue. The Hartwick Town Board at their January meeting established a committee to research the advantages of taking the Hartwick side of the Lower Toddsville Bridge back from the County. She and the Townsend’s feel that if the bridge is Federally registered and reopened as a walking bridge their quality of life will be jeopardized. The County has offered to relocate the historic bridge to the Otsego County Fair Grounds of which neither she nor the Townsends were opposed to.
Chairman Breiten submitted a financial report. Balances are as follow in the various accounts:
General Savings: $ 22,602.17 General Checking: $108,051.62
Highway Savings: $ 22,259.85 Hwy Checking: $ 6,115.19
MBIA Gen: $379,512.26 MBIA Hwy: $511,313.31
Chairman Breiten asked that the minutes reflect that the Board realizes the excessive money in various accounts carried over from last year. The money was needed to reconstruct roads after the June flooding disaster not knowing when the Town would receive reimbursement from FEMA. To date the Town has received $106,600.00 from FEMA. He reported adding account A 16204.3 Buildings, Capital Expenditure to Chart of Accounts and made 2006 accounting adjustments, per Board request.
Chairman Breiten asked the Board to consider withdrawing the December Motion to transfer $50,000 from the “A” account to the Revaluation Reserve. The reason being there is enough money in the “A” account appropriated in the 2007 budget to cover this years Revaluation bills and the Board will appropriate the remaining owed in the 2008 budget.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, authorizing Chairman Breiten to withdrawn the year-end Motion to place reserve in a Revaluation Reserve Account upon Town Attorney Martin Tillapaugh’s approval.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The Board reviewed the year-end budget total expenses.
MOTION by Councilman Potrikus, seconded by Councilman Kiernan, to accept the financial report, as given.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to pay the following invoices and make the necessary transfers excluding sales tax of 52 cents for from Paul Lord’s voucher.
GENERAL: #1-#23 $55,231.30
Councilman Schallert commented that $11,000 for truck tire chains seemed excessive.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Year-end audits for the following departments were delegated by Chairman Breiten:
Supervisor –Councilman Kiernan
Town Clerk – Councilman Schallert
Tax Collector – Councilman Potrikus
Court – Councilman Geddes-Atwell
Town Justice’s James Wolff and Dora Cooke submitted the court’s year-end reports and bank statements that were reviewed by the Board.
A year-end Town Clerk report was submitted by Town Clerk Pamela Deane which was reviewed by the Board.
MOTION by Councilman Kiernan, seconded by Councilman Schallert, to accept both the Court and Town Clerk year-end report as presented.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Geddes-Atwell pointed out that highway employee William Hribar was never compensated for acting as Deputy Highway Superintendent last year.
MOTION by Councilman Geddes-Atwell, seconded by Councilman Kiernan, to pay William Hribar an annual amount of $500 pro rated 10 months from the day he was appointed.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Highway Superintendent Shawn Mulligan, reported receiving a letter from DEC stating that the culvert pipes on Curry and Thayer Road were installed incorrectly and with no permits. Since then permits have been issued but they still want the culverts reset. Their argument is that trout can not swim up stream with the culverts placed as high as they currently are.
Mulligan stated that he hired Peter Chase full time. Chase has helped substantially in gathering information necessary for FEMA reimbursement. Chase was making $12.50 per/hr as a part-timer. Under the new CSEA Union contract Chase is making $12.61 for the first 6 months then his wage will be increased to $13.11. With his wage now at $12.61 he is actually making less full time then he was part time because now he is paying $30.00 a month union dues. Mulligan asked the Board to consider counting his time part time meaning his 6 month probation would be over and his pay would be increased now to $13.11.
After a short discussion it was the consensus of the Board that they were sincerely sympathetic but felt there was nothing they could do since he is now under the Union Contract. Chairman Breiten will consult with Town Attorney Tillapauph to see if Mulligan’s request is at all possible.
Mike Miller gave Zoning Enforcement Officer’s report. He reported permits issued since last meeting as being:
Zoning and Planning Permits: 1 Violation Complaint: 1
Miller reported that the Planning Board agreed with the Town Board suggestion to regulate tree cutting to any 900 sq. ft. over a 10 year period under Section 4.04 Lakes Shoreline Protection Area. He asked the Board to consider setting a Public Hearing.
After a short discussion Board members realized that this formula would still not achieve the intent of the law. It was agreed different language was needed and further discussion was tabled until next month.
Miller stated that while things in his office this time of year are quiet he plans to review signs that are permitted and those that are nonconforming. He will also take a look at possible junkyards in the Town.
Comprehensive Planning Committee report was given by Councilman Geddes-Atwell. She stated that Planner Nan Stolzenburg attended their meeting and discussed demographics. Some of her recommendations were moved to an appendix located in the back of the document while others will remain in the document itself.
Councilman Kiernan reported that the Revaluation Contract is ready to be signed. Maxwell Appraisal Service plans to start in March.
Councilman Geddes-Atwell reported attending the Town of Hartwick Town Board meeting to see what their opinion was concerning taking back and reopening the Lower Toddsville Bridge. A committee of two Councilman and one Planning Board member was formed to research the issue. Councilman Geddes-Atwell asked that they contact her with any decision or findings they may have.
Councilman Geddes-Atwell also reported that the County will be holding a total of seven rabies clinics at the old Meadows building throughout this year.
MOTION by Councilman Kiernan, seconded by Councilman Potrikus, to accept all committee reports.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Schallert reported reviewing the RFP’s submitted by five different engineering firms. The proposals were as follow:
Spectra Engineering, Architecture and Surveying, P.C. $ 28,100.00
Creighton Manning Engineering, LLP $ 32,000.00
Shumaker Consulting Engineering & Land Surveying, P.C. $ 52,325.00
Ryan-Biggs Associates, P.C. $ 39,000.00
Hawk Engineering, P.C. $112,000.00
.
MOTION by Councilman Schallert, seconded by Councilman Potrikus, to accept Spectra’s RFP and authorize Chairman Breiten to sign the contract once it is reviewed by Town Attorney Tillapaugh.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Councilman Schallert will have the contract to Chairman Breiten before the February meeting.
Councilman Geddes-Atwell raised concerns with the Town’s Procurement Policy which were heard by the Board. She was asked to bring recommendations to the Board’s February meeting.
Mary (Scottie) Baker spoke on behalf of the Otsego Lake Association. Otsego Lake Association is on a mission to try to prevent sediment from entering Otsego Lake. With that in mind the Association offered to donate to the Town two and half truck loads of rip rap from Hanson Aggregates to be used for lining ditches leading to Otsego Lake. The Association is in hopes that this would also serve as a demonstration project showing how lined ditches can prevent sediment. Baker added that Hanson Aggregates has agreed to deliver the rip rap to wherever the Town wishes it to go.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to accept Otsego Lake Association’s donation of rip rap and agreed to use it only for ditches leading to Otsego Lake.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
After a short discussion Councilman Schallert volunteered to investigate and develop a program to develop a
program to prevent workplace violence as required by NYS law.
After a short discussion Councilman Kiernan volunteered head a committee to facilitate transition of existing
Town retirees to new BlueCross/BlueShield PPO as per CSEA contract.
MOTION by Councilman Potrikus, seconded by Councilman Geddes-Atwell, to go into Executive Session to discuss pending appointments.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Potrikus, seconded by Councilman Geddes-Atwell, to come out of Executive Session.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to approve the following appointments:
Planning Board member: Joseph Galati (7yr term ending 12/31/13)
Doug Greene (1 yr term ending 12/31/07) replacing Elinor Vincent
ZBA member: Bill Michaels ( 1 yr term ending 12/31/07) replacing
Anita Weber (2 yr term ending 12/31/08) replacing
Planning Board/ZBA Clerk Bill Deane
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to hire Connie Robinson to the janitor position at $12.00/hr. 3-4 hrs a week.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
MOTION by Councilman Kiernan, seconded by Councilman Geddes-Atwell, to meet at 6:00 PM February 14th to conduct additional interviews for additional opening positions.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Tlhere was discussion regarding furniture for the meeting room. Councilman Kiernan agreed to seek information regarding a conference table.
Councilman Kiernan, to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The next regular meeting will be February 14th, 2007 at 7:00 PM at the Town Building in Fly Creek.
Meeting ended at 10:15 PM.
Respectfully Submitted,
Pamela Deane
Town Clerk
Superintendent of Highway report was given by Highway Superintendent Bryan Pernat and reviewed by the Board. Fuel expenses are as follow:
FUEL GALLONS TOTAL COST/MONTH YTD GALS YTD EXP.
Gas -0- $ -0- 1,134.7 $ 2,384.87
Diesel 1,387.1 $ 2,980.26 11,706.6 $ 26,042.15
Heating -0- $ -0- 5,017.6 $ 9,140.13
Svc. $ -0- $ 512.36