Town Board Minutes / Year End Meeting / Special Meetings

December 13, 2006

A regular meeting of the Jewett Town Board was held on December 13, 2006. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Charles Kutcher, Elaine Warfield and Harry T. Wilson. Also present were Superintendent of Highways Robert Mallory, Building Inspector Thomas Cross, Zoning Officer William Dwyer, and Attorney for the Town Tal G. Rappleyea. Also present were town residents Werner Pscherer, Donald Muth, Steve Canfield, Jeff Loucks and Francis Benjamin, newspaper reporter Mike Ryan and the town clerk.

Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried to accept the minutes of the November 8, 2006 regular town board meeting.

The Supervisor’s report was given to the Board and bank statements were made available for review.

Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried for the Supervisor to write a letter to the County Board of Elections asking that the voting machine be moved from the justice room to the general meeting room on the second floor for the next general election.

The Building Inspector gave his monthly written report to the Board.
He said that with the help of the zoning officer he has done an inventory of questionable buildings in the town, perhaps some unsafe and perhaps some in need of property maintenance.
One picture was of an unsafe barn on the Matthew’s property on Koss road. Attorney Rappleyea said technically this is a violation of the building code; he will communicate with the court and Mr. Matthews on this matter.
Letters will be sent out to property owners on the other buildings presented by the building inspector.
A motion was made by Councilman Wilson, 2nd by Supervisor Flaherty and carried to accept the monthly report.

The Zoning Officer gave his monthly written report.
He said he had two pending issues and one of them has been taken care of. He has received complaints about a home occupation sign and a real estate sign. Both parties have now made applications to the planning board. He is working on a case of unregistered cars on Co. Rt. 23C.
A motion was made by Supervisor Flaherty, 2nd by Councilman Wilson and carried to accept the monthly report.

A motion was made by Supervisor Flaherty, 2nd by Councilman Wilson and carried to accept the resignation of Assessor Georgette Krauss with regret and thanks her for her excellent service to the Town. The resignation will take effect December 31, 2006.

East Jewett Fire Department Chief Steve Canfield addressed the Board.
He said, “The Department was disappointed when they only were approved for half the amount they requested at budget time. Last year we had 39 calls. 23 of those were EMS calls. Surrounding departments had less. Cost has gone up for insurance premium, training of personnel and regular maintenance of equipment. We also do ice training in case we have a call at Colgate Lake.”
Councilman Wilson, “ If we had known one-tenth of what you’re telling up tonight, we wouldn’t have said a word about the $4000. This is a wake up call for us. The money given was not a reflection of the service you provide.”
Councilman Hitchcock, “If one of you had made a presentation like this when you submitted your original budget request, we wouldn’t have his problem tonight.”
The Board asked Mr. Canfield for a brief report indicating the major criteria for fire department cost and submit it at the next Board meeting.

Councilman Hitchcock made a motion, 2nd by Supervisor Flaherty and carried giving approval for the Superintendent to purchase a new sander.

Councilman Kutcher made a motion, 2nd by Councilman Wilson and carried declaring the 1988 GMC dump truck and the old sander as surplus property. These items will be put out to bid.

Councilwoman Warfield proposed a town newsletter. People are saying they don’t have a computer or how to find information on the site. Her idea is to have a quarterly newsletter. Councilwoman Warfield said she would do the editing of the newsletter.
The Board discussed the best way of sending out the newsletter and also the content of the newsletter.

The Board was informed that there is a new State law requiring mandatory 4 hours annual training for planning and zoning boards. The Board determines what the base line is as to what is acceptable training. The County offers classes. Attorney Rappleyea offered to do in house training at the end of the year for those who didn’t complete their hours.

Councilwoman Warfield talked about the Comprehensive Plan. At the last meeting Nan went over the plan and last month there was a meeting that involved the public. Everything is now being complied and put together. There will be another meeting in January and another public meeting will be scheduled.
At the public meeting people were put into focus groups to discuss what they thought were the issues. They took into account the most recent survey that was done in the town. In January they will draft a vision of the goals.
Meetings will be advertised in the paper and on the web site and notices posted around Town. Information will be put together on the aquifer in the town.

The Board was given information on flood plain maps. They will have to adopt these maps in order for an individual to purchase flood insurance.

Attorney Rappleyea gave out draft copies on new building codes. The State strongly suggested adoption of the new code by February of 2007.

Councilman Wilson, “We have historic buildings in our Town that are unprotected.” We should encourage people to preserve the history of the Town. “We might start identifying historic houses in the Town. What we do with them or how we protect and conserve or preserve them is something we should think about.”
Councilman Kutcher, “If we were to name an historic district and name a structure historic does it matter who owns it, does everybody have to live by that rule?”
Attorney Rappleyea, “Yes.”
Councilman Kutcher, “If we were to name the Colgate Lake dam as an historic dam and therefore require that the construction of it meet the surrounding aesthetic qualities they would have to live to that?”
Attorney Rappleyea will research to make sure the State is not exempt from a designated zone.
This item is to be placed on the January agenda.

Also on the January agenda is a discussion on an adult zone.

The Board was asked to look at a conservation easement of 42.8 acres on Colgate Road. There is a 120-day comment period.

Councilman Hitchcock made a motion, 2nd by Councilman Kutcher and carried accepting the Supervisor’s October financial report.

The finance committee of Councilmen Hitchcock and Kutcher audited the bills prior to the meeting.
Councilman Hitchcock made a motion recommending the Board approve the audit.
Councilman Kutcher 2nd the motion and all Board members voted Aye.

The general fund was $22,626.36 on abstract #12, claim numbers 247 to 288. The highway fund was $20,257.95 on abstract #12, claim numbers 216 to 242.
Councilwoman Warfield and Councilman Wilson were appointed as the finance committee for January, February and March.

The year-end meeting was scheduled for 3 P.M. on December 20, 2006.

Councilman Hitchcock said he spoke with Village of Hunter Trustee Ed Kaplan and discussed the village garage site. Mr. Kaplan said its been cleaned up and more will be done with the berm in the spring.
Supervisor Flaherty said Village Mayor William Maley stopped at the Municipal Building and said they will shield the light and he instructed the highway crew to keep the area cleaned up.

The Board requested that in January compensation packages be done for each employee.

On a motion by Councilman Kutcher, 2nd by Councilman Wilson and carried the Board went into Executive Session at 9:12 P.M. on legal matters.
On a motion by Councilman Kutcher, 2nd by Councilman Hitchcock and carried the Board came out of Executive Session at 9:22 P.M.

There being no further business the meeting was adjourned at 9:23 P.M. on a motion by Councilman Kutcher, 2nd by Councilman Wilson and carried.

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Patricia Merwin Town Clerk

Year End Meeting

December 20, 2006

The year-end meeting of the Jewett Town Board was held on December 20, 2006. Supervisor Michael Flaherty called the meeting to order at 3 P.M. Present were Board members Thomas Hitchcock, Charles Kutcher, Elaine Warfield and Harry T. Wilson, newspaper reporter Mike Ryan and the town clerk.

Supervisor Flaherty made a motion, 2 nd by Councilman Wilson and carried to approve Resolution #23. This resolution is a transfer of funds to balance the general fund and highway fund for the year.

ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

Nay 0

Supervisor Flaherty made a motion, 2 nd by Councilman Kutcher and carried to approve Resolution #24. This resolution is an amendment of a loan from the highway budget into the general fund budget.

ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

Nay 0

Supervisor Flaherty made a motion, 2 nd by Councilman Kutcher and carried to approve Resolution #25. This resolution is a transfer of funds to the “Future of Jewett” account.

ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

Nay 0

The finance committee of Councilmen Hitchcock and Kutcher audited bills prior to the meeting.

Councilman Hitchcock made a motion recommending the Board approve the audit. Councilman Kutcher 2 nd the motion and all Board members voted Aye.

The general fund was $437.51 on abstract #12A, claim numbers 289 to 292. The highway fund was $151.49 on abstract #12A, claim numbers 243 to 245.

There being no further business the meeting was adjourned at 3:30 P.M. on a motion by Wilson, 2 nd by Kutcher and carried.

_________________________________

Patricia Merwin Town Clerk

Special Meeting

December 21, 2006

A special meeting of the Jewett Town Board was held on December 21, 2006. Present were Supervisor Michael Flaherty, Board members Thomas Hitchcock, Charles Kutcher, and Elaine Warfield, Harry T. Wilson and the town clerk.

Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried to appoint James Quackenbush to fill the vacancy on the Planning Board. His term will run from January 2007 to December 2009.

Supervisor Flaherty made a motion, 2nd by Councilman Wilson and carried to suspend all language pertinent to the Assessor position in the employee handbook.

Councilman Wilson made a motion, 2nd by Councilman Hitchcock and carried to offer Nancy Wyncoop Bower the Assessor’s position with a compensation package to include the State pension plan, 100% single coverage in the State health plan and a base salary of $23,000 yearly not to exceed $25,000.

Councilman Hitchcock made a motion, 2nd by Councilman Kutcher and carried instructing the Attorney for the Town, Tal G. Rappleyea, to look at and draft a revision for that section of the Employee Handbook referring to the Assessor.

There being no further business the meeting was adjourned at 4:30 P.M. on a motion by Supervisor Flaherty, 2nd by Councilman Kutcher and carried.

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Patricia Merwin Town Clerk

Planning Board

December 7, 2006

Roll Call: Chair: Jane Bostrom
Members: Janet Nicholls, Paul Rosedale, Joan Kutcher and Carol Muth
Absent: Gene Beers

Agenda Item 2: Approval of Minutes of October 5 and November 2, 2006.
Mr. Rosedale made the motion to approve the minutes of November 2, 2006. Mrs. Nicholls seconded the motion. The vote was four ayes with Mrs. Kutcher abstaining; the motion carried. Mrs. Muth made the motion to approve the minutes of October 5, 2006. Mrs. Kutcher seconded the motion. The vote was four ayes with Mr. Rosedale abstaining; the motion carried.

Agenda Item 3: Public Hearing on Application for Minor Subdivision for Joann Rubinger of County Rt. 40, Jewett, NY; Tax Map No. 131.00-2-3; District: Rural Residential. Present: Joann Rubinger.

Mrs. Muth made the motion to open the Public Hearing. Mrs. Kutcher seconded the motion. The vote was unanimous and the hearing opened at 7:34 pm. Ms. Rubinger submitted the required notification receipts and certification. Mrs. Bostrom called for comments from the public. Mr. Don Hansen inquired whether the proposed driveway of the subdivided lot met County requirements for site distance and culverts. Mrs. Bostrom noted there is no proposed driveway under this application; it is a subdivision of a vacant lot. County requirements would have to be met in the future if or when a building permit was applied for. There were no other comments from the public. Mr. Rosedale made the motion to close the hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing closed at 7:37 pm.

Agenda Item 4: Application for Minor Subdivision for Joann Rubinger of County Rt. 40, Jewett, NY; Tax Map No. 131.00-2-3; District: Rural Residential. Present: Joann Rubinger.

After a review of the application and supporting documents, Mr. Rosedale made the motion to approve the minor subdivision. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. MUTH – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MR. BEERS – ABSENT; VACANT. The chair signed the subdivision plats and instructed the applicant to file them with the County within 30 days.

Agenda Item 5: Public Hearing on Application for Minor Subdivision for Sheepskin Hills Inc of Ford Hill Road, Jewett, NY; Tax Map No. 147.00-2-21.11; District: Rural Residential. Present: Joe Vanucchi.

Mrs. Muth made the motion to open the Public Hearing. Mrs. Kutcher seconded the motion. The vote was unanimous and the hearing opened at 7:40 pm. Mr. Vanucchi submitted the required notification receipts and certification. Mrs. Bostrom called for comments from the public. Mr. Peter O’Mahoney requested clarification of the location of the proposed subdivision. Mr. Vanucchi reviewed the plat and identified the location. Mr. O’Mahoney had no comment. There were no other comments from the public. Mrs. Kutcher made the motion to close the hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing closed at 7:46 pm.

Agenda Item 6: Application for Minor Subdivision for Sheepskin Hills Inc of Ford Hill Road, Jewett, NY; Tax Map No. 147.00-2-21.11; District: Rural Residential. Present: Joe Vanucchi.

After a review of the application and supporting documents, Mr. Rosedale made the motion to approve the minor subdivision. Mrs. Muth seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. MUTH – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MR. BEERS – ABSENT; VACANT. The chair signed the subdivision plats and instructed the applicant to file them with the County within 30 days.

Agenda Item 7: Application for Sketch Plan Review for Linda and Charles Nicholls of 941 Scribner Hollow Road, East Jewett, NY; Tax Map # 147.00-2-9; District: Rural Conservation. Present: Charles Nicholls

The applicants are proposing to divide their 6.1-acres in half to create two lots. Mrs. Bostrom noted that the two properties cannot share a driveway. Mr. Nicholls stated the proposed lot could have its own driveway close to the proposed property line. The applicants acknowledge they have to apply to DEP for the proposed septic system and well location. Mrs. Muth made the motion to accept Lead Agency status under SEQR. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. After review of the application and supporting documents, Mrs. Kutcher made the motion to accept the Sketch Plan. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Mrs. Bostrom instructed the applicants on the requirements for a minor subdivision application and Mrs. Dwyer provided the appropriate forms.

Agenda Item 8: Application for Special Use Permit for Carol and Nathan Miles of 173 Beaches Corner Road, Jewett, NY; Tax Map # 130.00-4-33.21; District: Rural Residential. Present: Carol and Nathan Miles.

The applicants are proposing to convert a living area above the existing garage into a separate dwelling unit. They recently discovered their Certificate of Occupancy from a previous building permit allowing an addition to the dwelling to incorporate the garage was only temporary. They are attempting to correct the situation, repair the previous construction and change the existing one-family dwelling into a two–family dwelling. They have received a Certificate of Non Conformity from the Zoning Enforcement Officer regarding the location of the shed in the front yard. After review of the application and supporting documents, Mrs. Bostrom requested a detailed plot plan showing the entire parcel with all existing structures and accurate measurements. In addition, the required number of parking spaces, which is 2 per family, must be indicated on the plot plan. Mrs. Dwyer gave the applicant short-form SEQR to be submitted at the next meeting.

Application for Sketch Plan Review for Floyd Dart of 878 Route 13, Jewett, NY; Tax Map # 128.00-5-14.1; District: Rural Residential. Present: Floyd Dart

Mr. Dart is proposing to subdivide 15.501 from his 42.99 acres. Mrs. Dwyer noted the sketch plan submitted has the Town line incorrectly reflected. In addition, the Jewett portion of the property of George Dart is not on the plat. She reported that Mr. Brewer telephoned and stated he was unable to submit the corrected sketch plan in time for this meeting. She also stated this application is in the Agriculture District and an Agriculture Data Statement must be filed; she provided the form for the applicant. In addition, this application must be submitted to the Greene County Planning Board under the Section 239m requirements. Mr. Dart stated the sap house located on the property will be taken down and acknowledged the town line error on the sketch plan. He stated it will be corrected on the subdivision plat. After review of the application and supporting documents and recognizing the error is to be corrected on the subdivision plat, Mrs. Nicholls made the motion to accept the Sketch Plan. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided the required forms and Mrs. Bostrom instructed the applicant regarding the application requirements.

Agenda Item 10: Application for Boundary Line Adjustment for Joe Schmidt of 3778 Route 23C, Jewett, NY; Tax Map #130.00-2-19.2; District: Rural Residential. Present: Joe Vanucchi

Mrs. Dwyer reported the application was submitted on the wrong form, no fee was submitted and neither owner signed the application. Mr. Vanucchi explained he represents the Joe Schmidt who proposes to add .243-acres to his 3-acres. Mrs. Bostrom stated that according to regulations a survey of both properties must be submitted and deeds describing the resulting properties are required. Mr. Vanucchi stated that the other parcel is an extremely large lot and has not been surveyed. He indicated that if a survey of that lot is required the applicant will probably not want to go forward. After the discussion with Mr. Vanucchi to withdraw the application, Mrs. Muth made the motion to cancel the application. Mrs. Nicholls seconded the motion. The vote was unanimous and the application was cancelled.

Agenda Item 12: Other Business
Mrs. Bostrom noted the September minutes must be re-voted on. Mr. Rosedale made the motion to approve the September 7, 2006 minutes. Mrs. Nicholls seconded the motion. The vote was four ayes with Mrs. Muth abstaining. The motion carried.

Agenda Item 12: Other Business
Application for Sketch Plan Review by Mark Jupiter of 282 Shad Road, Jewett, NY; Tax Map # 132.00-2-13; District: Rural Residential. Present: Mark Jupiter and Howard Bates.

Mrs. Dwyer reported the sketch plan was delivered on the deadline day but after she had left the office and no one informed her of its receipt. Members agreed to review the application. The applicant is proposing to subdivide a 150-acre parcel into approximately six lots including a proposed road. Mr. Jupiter stated he is proposing to build earth friendly homes that do not use fossil fuels, instead they would have geo-thermal heat. Presently the parcel is farmland. Mr. Bates stated he understands there is a moratorium on major subdivision. Mrs. Bostrom agreed and stated that due to the proposed road, this would be a major subdivision, no matter how many lots would be created. Since this would be a major subdivision subject to the moratorium, the applicant and the members agreed this meeting would be considered an informational informal discussion with no formal application.

Agenda Item 11: Report from County Planning Board Representative.
Mr. Beers was not present; therefore, there is no report.

Agenda Item 12: Other Business
Sign Law Discussion
Mrs. Dwyer reported that both Mr. Gene Gordon and Mrs. Lilla Godlewski were notified of their illegal signs and were given a December 22, 2006 deadline by the Zoning Enforcement Officer to submit their Application for Sign Permit. She heard from both that they will comply and submit them by the January agenda deadline.
Members discussed the Sign Law and its requirements that all signs have a permit approved by the Planning Board. Members agreed that Mrs. Bostrom should recommend the Town Board exempt some signs from the law. These would include real estate for sale signs, political signs, temporary construction signs, temporary garage sale signs, and other temporary signs.

Agenda Item 12: Other Business
Since this is her last meeting, members thanked Mrs. Dwyer for all the work she did for the Board.

There being no other business, Mrs. Kutcher made the motion to close the meeting. Mrs. Muth seconded the motion. The vote was unanimous and the meeting closed at 9:50 pm.

Respectfully Submitted,

Ann Dwyer, Clerk

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Jane Bostrom, Chair