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Trustees Set Annual Watershed Septic Inspection Fee, Approve
Mutual Aid Contract Addendum

By ERIC SANTOMAURO-STENZEL
COOPERSTOWN

At its regular meeting on Monday, March 23, the Village of Cooperstown Board of Trustees voted to set an annual $50.00 fee for properties within Otsego Lake’s “zone of protection” with wastewater treatment systems subject to inspection. Trustees also approved an addendum to a law enforcement mutual aid agreement clarifying the village would not participate in immigration enforcement and adjusted reserved parking spaces on Fair Street.

After hearing from current and former members of the Watershed Supervisory Committee, the intermunicipal body responsible for protecting the Otsego Lake watershed, the board voted to move from a $150.00 every three years fee to a $50.00 per year fee for properites with wastewater treatment systems. The affected “zone of protection” includes properties “within 500 feet of the shoreline of Otsego Lake or 100 feet from one of its tributaries,” according to village law.

“After much discussion, the WSC unanimously decided that a fee seemed reasonable,” said Dr. Bertine McKenna, the chair of the WSC. She said the decision came after consultations with multiple other lake communities. “We felt that the annual fee in the zone of protection would be a reasonable way to do it, and that was Lake George’s approach.”

“There already was a fee, there has been for about a year now,” Dr. Jacob Gillette, the village’s watershed inspector, said. “As Bertine noted, in consultation with other lakes we’ve come to the conclusion it would be easier to facilitate as a $50.00 a year” fee rather than $150.00 every three years at time of inspection.

Gillette said the fee impacts around 350 properties and does not include those on the village sewer system.

A Town of Springfield representative on the WSC, Bill Richtsmeier, said, “I’ve discussed this with our representatives in Springfield. They’re very supportive of this. I think they understand how much work has to go on for the watershed in general, not just what’s in the lake.”

Pat Kennedy, a councilmember for the Town of Otsego who previously served on the WSC, said that her town board did not have a unified position on the $50.00 fee.

“There is no unified voice from the Town of Otsego on various issues concerning the lake,” she said.

“I am hopeful that something like this fee might do some help,” Kennedy said, “but it really is a watershed, and it’s not just the septic systems.”

She said that other portions of the watershed are contributing to issues with the lake, but those property owners may not fall under the fee.

“I hear from people on the board with me, ‘this is a tax, we’re gonna fight it,’” Kennedy said, saying that perspective was not her own.

The board unanimously voted to rescind the old fee and set the $50.00 annual fee.

The board also approved an addendum to a law enforcement mutual aid agreement clarifying it would not assist with immigration enforcement activities.

In prior meetings, board members discussed the contents of a law enforcement mutual aid agreement between the Cooperstown Police Department, Oneonta Police Department and Otsego County Sheriff’s Office. Though supportive of what has previously been a routine agreement, board members voted to add language specifying it would only assist with “judicial” warrants so as to avoid requests pertaining to administrative warrants for immigration enforcement. However, the agreement had already been signed by other parties prior to the board’s vote.

“We can’t go in and change it after it was signed,” Village Attorney Martin Tillapaugh, who drafted the addendum, told board members. “The Sheriff [Richard Devlin Jr.] has made it clear that he’s not going to—will not accept it if we make any alterations.”

Attorney Tillapaugh pointed out that the contract says mutual aid is strictly voluntary, “so utilizing that phrase in the contract, all I’ve done is add the addendum putting all of the parties to the contract on notice that we will not be responding to mutual aid requests if we receive them to enforce a non-judicial warrant.”

Officer-in-Charge Jess Lanza said the department receives many benefits from its mutual aid partnership with the county, including record sharing, marine patrol, drones, 3D imaging for crime scenes, specialized personnel assistance, and more. The village also does not have nighttime and weekend coverage.

All but Trustee Joseph Membrino voted for the addendum. Membrino advocated for pressing to get the text about judicial warrants into the agreement itself.

The board also voted to switch village official and police department parking spaces on Fair Street.

The March 23 meeting can be viewed in its entirety at https://cooperstownny.gov/.

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