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Town Board Minutes |
Planning Board Minutes |
Zoning Board Minutes |
On January 8, 2003 the Jewett Town Board held its Organizational Meeting and
Regular Meeting.
Supervisor Michael Flaherty called the meeting to order at 7PM. Present were
Board members Paul
LaPierre, Mark Middleton and Thomas Hitchcock. Also Superintendent of Highways
Robert Mallory,
Assessor Georgette Krauss, Building Inspector Robert Bosworth, Attorney for
the Town Tal G.
Rappleyea, several Town residents and the town clerk.
The Organizational Meeting was first on the Agenda.
Resolution #1 - Appointments
Councilman Hitchcock was added as the alternate delegate to the Association
of Towns annual
meeting.
A motion was made by Flaherty seconded by LaPierre and carried approving Resolution
#1.
ROLL CALL: Aye, 4, Flaherty, LaPierre, Middleton, Hitchcock. Nay, 0.
A motion was made by Flaherty seconded by Hitchcock and carried approving Resolution
#2 as
amended. "Upon presentation of other insurance" to be added at the
end of item #8 entitled
BENEFITS. This resolution is the highway resolution.
ROLL CALL: Aye, 4, Flaherty, Hitchcock, LaPierre, Middleton. Nay, 0.
The Board audited the Justice books and was given a yearly written report.
The Board also audited the
Town Clerk's cashbook and was given a yearly written report.
The Regular meeting was opened.
Minutes of the November 20, 2002 special meeting were approved as presented
on a motion made by
Middleton seconded by Hitchcock and carried.
Minutes of the December 11, 2002 regular meeting were approved as presented
on a motion made by
Hitchcock seconded by Middleton and carried.
Minutes of the December 19, 2002 year-end meeting were approved as presented
on a motion made by
Hitchcock seconded by LaPierre and carried.
Councilman Hitchcock asked Superintendent Mallory if he was aware of the item
in the Town magazine
about closing off seasonal roads? The Superintendent saying he has not read
the article.
Councilman Hitchcock " The now Mallory Road. My impression of the opinion
by the Comptroller was
we couldn't close the road if anyone lives in a house on that road any time
during the year. So we
really can't have the sign up"
Councilman Middleton "I don't think the problem is with the sign. I think
the problem is if we only keep
one end open what happens if a fire truck or ambulance came from the other end
and couldn't use the
road, by the time they go around somebody could be in dire need. If someone
lives there we really
need to keep both sides open."
Councilman LaPierre "We should consider giving each of the responders
written notification that those
roads are not maintained on one end from a certain date to another."
Supervisor Flaherty "The only road we're talking about is Mill Hollow Road."
Superintendent Mallory " Mallory Road and Butternut, an extension off
of Merwin Street, are
completely opened year round. Mill Hollow isn't wide enough on the one end for
the plow to get
through. Mill Hollow opens up a can of worms. Fire trucks aren't allowed to
go across the bridge and
they can't come down the other side."
A motion was made by LaPierre seconded by Hitchcock and carried to have the
Town notify
emergency services that Mill Hollow Road is closed seasonally.
A motion was made by LaPierre seconded by Flaherty and carried for the Town
to write the County
Highway Department asking to have the bridge on Mill Hollow brought up to standard.
The Supervisor's report was given to the Board and bank statements were not
available for this
meeting. After statements come in an update will be done for the Board.
The Assessor gave a written and oral report to the Board.
Assessor Krauss "With the good work done by the Board to reduce the budget
for the Town tax,
everybody who saw an increase of $30.00 in the County tax saw a decrease of
$10.00 in Town tax and a
decrease of $.80 in the fire district tax. This resulted in an across the Board
increase of $19.98 per 100
thousand of assessed value. It comes down to a 2.55% increase."
" I'm still as committed to annual reassessment as I was in the beginning
and I hope it continues to
work out well. It's bringing in equity and stabilizing the equalization rate
and giving us the opportunity
to capture the surges in the market."
The Building Inspector gave a written and oral report for 2002.
The Board reviewed a new written format.
Councilman Middleton "Of the seventeen letters sent out concerning unsafe
buildings, seven were
removed. There are still some letters out there unanswered."
The Building Inspector was asked to bring to the February meeting the list of
those who have
responded or not responded to the unsafe building letters sent out.
The Building Inspector asked the Board to be relieved from the Zoning Officer
position. There is too
much work involved and takes time away from the building inspector's job.
The Board discussed formulating a list of non-conforming, grandfathered properties.
Courtesy of the floor was opened.
Jane Bostrom asked the status of the position to the County Planning Board.
Supervisor Flaherty
stated that an interview was done before the meeting.
Werner Pscherer asked the Board if they noticed any difference between Town
roads and County
roads?
Supervisor Flaherty "The County is using a tremendous amount of pure salt."
Courtesy of the floor was closed.
Supervisor Flaherty informed that Board that the rental agreement with the
Department For Aging has
been signed. The Town will receive $500.00 monthly an increase of $50.00 per
month from last year.
Correspondence.
Former State Assemblyman John Faso thanked the Town for the nice comments concerning
his 16
years of service to the community.
The Board had notice of the first sign permit issued by the Planning Board.
Chairwoman Jane Bostrom "Because the dimension is not included it was stated
on the permit that it
couldn't be anymore than 10 feet in height."
Supervisor Flaherty "On the home occupation law it says the person may
have a sign not more than 2
square feet. Our recently enacted sign law supercedes that. Unless we make an
exception in our sign
law as provided for in the home occupation law. Normally, as a home occupation,
she would have been
entitled to a sign. Because we have the sign law she had to come in and apply
for the sign."
Councilman LaPierre "If she is opening a business that is in fact a home
occupation, which takes
precedence? Home occupation by definition limits you to a 2 square foot sign.
By coming in and
applying for a sign permit we're saying now you can supercede the definition
of a home occupation."
Councilman Middleton "By permit and only the sign, not supercede the definition
of a home
occupation."
Councilman LaPierre "Then it's sort of negates the purpose of having that part of the requirement."
Attorney Rappleyea "No. If they have a home occupation they're entitled
to have one 2- foot square
sign. If they want to come in here and do this process then they can get a bigger
one as long as it
meets Planning Board approval."
Councilman LaPierre "I'm not arguing the fairness. I concerned about the conflict."
Attorney Rappleyea "I don't think it conflicts with each other. In the
zoning code, in the law itself, it
says if you are a home occupation you can have one 2-foot square sign. If you
want something bigger
you have to go through the permit application."
Councilman LaPierre " I understand what you're saying. It seems conflicting
to me. Why bother
putting a definition like that or putting an inclusion like that in the definition
of home occupation if you
can put up any sign you want but in compliance with the sign ordinance?
Attorney Rappleyea "Because you throw them a crumb for having a home occupation."
Councilman LaPierre "There's also another part of the sign requirement
in the home occupation and
that is the only place you can have a sign is on the property on which the occupation
was located. So
if you come in and apply for a sign permit you can, if I remember correctly,
locate a sign for your
business anywhere within the Town."
Attorney Rappleyea "What it does limit is a business outside of Town.
They can't have a sign
anywhere within the Town."
Councilman LaPierre "What I'm getting at here is then we're starting to
stretch a home occupation
into a commercial activity by way of the signage. If I have a home occupation
and abide by the
definition of home occupation I can have a 2-foot square sign located on my
premises and that is the
only sign I'm allowed in the Town. If I come in and now apply for a sign under
the sign ordinance I can
put a sign up somewhere else, I could put a couple of sign up through out the
Town. That seems to me
to be at odds with the distinction we're trying to make between a home occupation
and a full fledged
commercial activity."
Councilman LaPierre "Because we have other strictures on a home occupation
having to do with
employees, concealment of the activity which is quite different than a commercial
activity. On one
hand we're saying you can have a home occupation but you can have signage to
go with a commercial
activity. That doesn't seem quite right."
"I think what we're looking at is violating the spirit of what we're trying
to accomplish with the sign law.
It seems to me that the home occupation as we defined it should be limited to
that sign. Either that or
we go back and redefine home occupation and give it a broader commercial character."
Councilman Middleton "Or an application before the Planning Board has
to discern as to whether it
falls under the strictures of the home occupation. If the Planning Board deems
that it's a home
occupation they say you are allowed to have a sign that falls within the 2 square
feet on your property
only."
Councilman Hitchcock "There should be a list" of non-conforming businesses
and properties. "How
do we go about doing this?"
Councilman LaPierre "We could start by putting a notice in the paper."
Councilman Middleton "Wouldn't it suffice if we went back to Paul's original
thought and glean that
information off the tax roll?" The information might be on the Assessors
property cards.
This item was tabled. Attorney Rappleyea will look at the sign law and bring
information back to the
February meeting.
Superintendent Mallory "We've been plowing non-stop for weeks now. One
of the new trucks is in
Ben Funk's. It is under warrantee. As of yesterday I ordered another 1,000 tons
of sand and another
100 tons of salt. We don't normally do this until October. The barn is 7/8th
depleted."
Councilman Hitchcock asked what the status was with the crew?
Superintendent Mallory "One left in December. I didn't want to advertise
the position and be pressured
to put somebody on. I want to think about it."
"When anybody comes to apply for the position that's open I let them know
there going to pretty much
get the worst jobs but not always. I have dedicated workers."
On a motion by Flaherty seconded by LaPierre and carried the Board appointed
Charles Kutcher as the
Town representative to the Greene County Planning Board on Resolution #3.
ROLL CALL: Aye, 4, Flaherty, LaPierre, Middleton, Hitchcock. Nay, 0.
A motion was made by Flaherty seconded by LaPierre and carried for the Board
to go into Executive
Session on financial matters.
A motion was made by LaPierre seconded by Hitchcock and carried to come out of Executive Session.
Under Other:
Councilman LaPierre "I tried to contact Chuck Laskowski and Eric Goettsche
and haven't heard back
from them yet. I will try to contact them again." This concerns the Town's
web site.
Councilman LaPierre "We were going to bring in names for possible appointment
to the Town Board. I
spoke with a couple of people but they weren't interested."
Councilmen Middleton and Hitchcock said they were not aware that the Board
had talked about doing
this.
Councilman Hitchcock "I'm content with four."
Supervisor Flaherty "I think it would be nice to have a full Board."
Councilman Middleton asked if it was mandated to appoint somebody?
Attorney Rappleyea replied that it's not mandated. The recommendation is that
you try to find
someone until the next election but if you can't find someone you can wait until
the next election."
Councilman Middleton "I'm happy with the way it is for the balance of
1 year. If this were mid-term I'd
say yes. I don't see any rush to do it. The four people that sit on this Board
are almost always here.
It's not, in my eye, something that's dire because we don't have to worry about
a quorum. This Board is
pretty astute at making their points and also very punctual and make most of
the meetings. If we don't
we usually ask for a change of time so we can all make the meetings."
Councilman Hitchcock "I have no problem with Tom Wilson except that another
citizen offers his
services and we reject then we go out and seek another one."
A motion was made by Flaherty to appoint Tom Wilson to fill the vacancy on
the Town Board.
Seconded by LaPierre. The vote was - 2, Aye, Flaherty, LaPierre. 2, Nay, Middleton,
Hitchcock.
Councilman Hitchcock "A couple of things looking into the year. At some
point getting the salt barn
painted. I'd like to see us look into redoing the bathrooms sometime in the
spring."
Councilman Hitchcock "Back to the Building Inspector. I had the opportunity
to witness a new
resident's modular home going in. I was there just to watch. When the crane
was lifting the unit from
the wheels over onto the concrete it wasn't perfectly level. This thing is 65,
70 feet long. Bob
immediately imposes himself there and I don't know what he did but what a terrible
time they had doing
this. My question to the Board is, just for information, why is he involved
so heavily? Bob's position
was it was ruining the structural integrity."
Councilman Middleton "It sounds like engineering to me. Bosworth should
stay out of that. I would
think that those people have the insurance and know what they're picking up."
Supervisor Flaherty "The integrity of American Homes guaranteed delivery
of that product. They fixed
everything."
Councilman Middleton "He shouldn't have been involved in that. When they
set that in place then he
should have walked in and if he saw something structurally unsafe or not within
code at that point
that's one thing. How it gets there, that's not within his purview in my estimation."
The Board discussed the possibility of having some type of a handout listing
various items to give to
the public when they come into the Municipal Building. Listing places to shop
or listing business and
other information.
Councilman LaPierre "I was really pleased to see Bob come in with that
new form tonight and present it
as well as he did."
Councilman Middleton "We need a pick up truck. I suggest that we use the
ability to go out and lease.
Long term leasing. It would not be taking our money, yet we'd still have the
benefit of having a good
pick up truck. We could turn it in after three years and get another one. It's
something to look at. We
talked about other equipment needed. You can get hooked up with a leasing company.
Look at long
term leasing with a company."
Councilman LaPierre "It would be worth looking into."
Supervisor Flaherty said he would speak with the Superintendent about leasing.
Bills were audited and ordered paid. The general fund was $6,115.06 on abstract
#1, claim numbers 1 to
19. The highway fund was $2,303.63 on abstract #1, claim numbers 1 to 11.
There being no further business the meeting was adjourned at 10:10 PM on a
motion by Flaherty
seconded by Hitchcock and carried.
Patricia Merwin Town Clerk