Supervisor Michael Flaherty opened a Public Hearing on the 2003 budget and the regular Board meeting on November 6, 2002 at 7PM. Present were Board members Thomas Hitchcock, Paul LaPierre, Mark Middleton, and Attorney for the Town Tal G. Rappleyea, several Town residents and the town clerk.

There were no comments from the public on the budget. A motion was made by Flaherty, seconded by LaPierre and carried to close the Public Hearing.

A motion was made by LaPierre and seconded by Middleton approving Resolution #16. This resolution creates a new line item in the budget entitled "Jewett Fund for the Future". The initial monies will come entirely from the existing balance in the Capital Reserve Land Account. To be funded in subsequent years from tax revenues, an appropriate amount to be determined by the Town Board.
ROLL CALL: Ayes 4 Flaherty, LaPierre, Hitchcock, Middleton
Nays 0

During the budget meeting the Board had discussed an increase in the salary of the Supervisor. Board members agreed that the increase would be $500.00 this year and $500.00 next year.

Councilman LaPierre reported that he has spoken to the treasurer's of both fire departments.
The Jewett Fire Department will forward to the Town a letter stating they have a New York State tax exemption status and a corporate federal employer's number. The letter will also state they are "going forward with the 501C3 federal application".
East Jewett will provide the Board with a letter indicating the same information.

A motion was made by Flaherty, seconded by LaPierre and carried to accept the preliminary budget to become the annual budget for 2003.

A motion was made by Hitchcock, seconded by LaPierre and carried to accept the minutes of the October 9, 2002 regular meeting with the addition of the dollar amounts paid on the ambulance bills for the years of 1999, 2000, 2001 and 2002. Also the total amount owed, the amount appropriated and that the balance of the monies will be moved from other appropriations within the budget.

The Supervisor's monthly report was given to the Board and the available financial statement was made available for review. The report will be updated next month.

Courtesy of the Floor:

Mr. Shawn Conlon, from East Jewett, told the Board he was "here tonight concerning the on going problem we've been having with the rock band. They, basically, have a commercial sound studio. They blast their music all hours of the day and night. In the past I have tried to negotiate a compromise but they have never lived up to the agreement. I'm here to oppose any effort to make these guys legal."
Attorney Rappleyea, "There is a case pending in the Jewett Town Court for tomorrow night. They've been adjourned once so Mr. Tarnou can get the application together and make whatever application is necessary in order to bring the property into compliance."
Councilman Middleton said he was totally unaware of the situation. Councilmen LaPierre and Hitchcock indicated they also were unaware of what was going on.
Councilman Middleton, "There are three council people that are totally unaware of why you're even here. I think that's unfortunate. I'm not aware that this hit the courts without our knowledge. You have a problem with loud noise emanating from that compound?"
The property is the old Timberland Ranch.
Mr. Colon, " Yes. We got a few of the neighbors together to sign a petition alleging that there was a violation of the zoning ordinance. I presented evidence that they were cutting CD's there and this was a commercial activity. Ultimately, the problem really is the noise. Even if they are permitted to establish a commercial sound studio there, there is still the noise issue we need to address."
Attorney Rappleyea, " There in court because it's been alleged to be a commercial use without having a special use permit or having gone before the Planning Board for review. This gets handled by the Planning Board and the ZBA."
Building Inspector Bosworth said he responded to a complaint from Mr. Conlon about a year ago. Building Inspector Bosworth said he has been at the location and "knows the facility. I put a stop work-stop use order on the music until he gets to the owner, Mr. Goldman, to find out if his backers are going to buy the place. Mr. Tarnou is suppose to bring a letter from Mr. Goldman to the ZBA tonight that he has permission to advance in his endeavor to get the property."
Councilman Middleton, "This Board really has nothing to do with this right now other than the fact that we're concerned with any citizen's complaint."
Councilman Middleton to Mr. Tarnou, " You have to respect the fact that people need to sleep and go to work around here."

Councilman Middleton moved that " this Board knows and is notified either through the Attorney, Supervisor or Building Inspector every time something like that is pending. We have a gentleman here that pays tax's, we have people here paying rent that help pay the tax's and this Board is not aware of a stop work order on something within this Town."

November 6, 2002

The Building Inspector is to attend all monthly meetings. Board members are to have written notification that anytime the Building Inspector enacts some legislative item within the context of the code enforcement officer.
Later in the meeting Councilman LaPierre said that to his understanding the Board had been given notice of a stop work order issued by the Building Inspector to Ethan Tarnou. Councilman LaPierre "I believe we owe Mr. Bosworth an apology for the mention on page one that we weren't copied."

A motion was made by Flaherty, seconded by LaPierre and carried to close courtesy of the floor.

A letter of resignation was received from Councilwoman Marilyn Haarklau, effective immediately. A motion was made by LaPierre, seconded by Hitchcock, and carried to accept the resignation with regret.
Councilman Hitchcock, "Marilyn has been a good Town Board person and has served us well."
Councilman Middleton, "I'll mirror that regret. I wish her the best of luck in her new move and endeavor.
All Board members were in agreement with this sentiment.
Councilman LaPierre suggested a letter of appreciation be drafted from the Town Board. All Board members were in agreement. The draft letter will be presented at the November 20th meeting for all the Board member to sign individually.

A motion was made by Flaherty, seconded by Hitchcock and carried approving Resolution #17. This resolution is to transfer funds from within this year's budget to balance the ambulance account in the amount of $22,186.00. This is in addition to the monies already appropriated in that line item.
ROLL CALL: Aye 4 Flaherty, Hitchcock, LaPierre, Middleton
Nay 0
Supervisor Flaherty informed the Board that he has instructed the ambulance accountant to wait until next year to send the next bill even though the last bill was from January to June of this year.

Becky McGowan's position on the Planning Board and Kate Williams position on the ZBA is coming up for renewal by December 31st.
An interview for the Planning Board and ZBA positions will be held at 6:30 PM prior to the scheduled year-end meeting to be held on December 19, 2002 at 7PM.

The Supervisor took the discussion about "charge backs" concerning Community College Tuition to the Mt. Top Supervisor's meeting. There were 3 County Legislators present at this meeting. Supervisor Flaherty, "the concept was rejected in whole because of the inequity of it. Jewett was looking at a $3,800.00 obligation. Town's like New Baltimore would be about $70,000.00. If you transfer those expenses back to the public it wouldn't be equitable."

A motion was made by Flaherty, seconded by Hitchcock and carried to approve Resolution #18. This resolution is a request on a TE9 for a State engineer study to make Peck Road one way going west from State Route 296 to the intersection of Ryan Road.
ROLL CALL: Aye 4 Flaherty, Hitchcock, Middleton, LaPierre
Nay 0

The Future of Jewett work session scheduled for 3PM on November 20th has been changed to 4PM on the same date.

Councilmen Hitchcock and Middleton addressed the invoice from Green Del. They concurred that they had a conflict with schedules and were not able to get together with the Superintendent to clarify the bill. In one phone conservation Councilman Hitchcock asked about the charge for so many tons in the metal containers. The Superintendent explained that the highway department picked up about 100 appliances and placed them in the metal bin.
Councilman Middleton commended the Highway Superintendent for doing a fine job on this project.
Councilman LaPierre said he had a conversation with the Superintendent. The Superintendent explained that there were 14 truck tires with rims, which belonged to the Town and the other thing was on the 40-yard containers, which showed various tonnage. "That was the consequence of the kind of stuff that was in there. In some cases it was bulky but not heavy. The Superintendent said none of the containers rolled out of here empty or partially full." That would account for the variable rates.
It was recommended that the Green Del bill be paid at a cost of $10,867.00.
Board members agreeing that this project will have to be fine- tuned for next year.

Under Old Business:

The Town banner has been replaced on County Route 40. It was suggested the banner be raised higher on the pole or put on another pole. The Supervisor will inform the highway department.

The Supervisor said he has executed the contract with AMTEC. A policy manual committee was appointed to work with AMTEC consisting of Councilmen Hitchcock and Middleton, Superintendent of Highways Mallory and the Town Clerk.

November 6, 2002

Correspondence:

The draft environmental impact statement on the proposed new WAJ School is on file in the Supervisor's office.

Other:

Councilman Middleton passed around a newspaper article from the New York Times. It had to do with the quest in some communities for second homeowners to vote. This was informational only.

The Supervisor said he has contacted CPA Barbara Chandler and she will audit the Town books as soon as possible.

Councilman Hitchcock, at the last meeting, gave informational material on the Watershed Protection Program. His concern is the break down of the land numbers and acres. This is informational only and copies of both items are available in the Town Clerk's office.

Councilman Hitchcock informed the Board that Elaine Warfield was having a problem with the web site. She told the Councilman that she has maxed out her ability to service the Town's web site.
Councilman Hitchcock contacted Jeremy Farber. He runs a computer business in Hunter.
The Board agreed to have Mr. Farber come in to speak with the Board and make a proposal at the December meeting.

Planning Board Chairwoman Jane Bostrom reported to the Board that the cell tower application is in hiatus until the applicant can obtain a server. The server has to be licensed by the FCC.

Bills were audited and ordered paid. The general fund was $17,890.96 on abstract #11, claim numbers 290 to 322. The highway fund was $16,294.09 on abstract #11, claim numbers 175 to 185.

There being no further business the meeting was adjourned at 9:20 PM on a motion by Flaherty, seconded by LaPierre and carried.

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Patricia Merwin Town Clerk

Special Meeting 11/20/2002