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  February 11, 2004

A regular meeting of the Jewett Town Board was held on February 11, 2004. Supervisor Michael Flaherty called the meeting to order at 7PM. Present were Board members Charles Kutcher, Paul LaPierre, Thomas Hitchcock and H. Tom Wilson. Also present were Attorney for the Town Tal G. Rappleyea, Building Inspector Robert Bosworth, Town residents Jane Bostrom, Oscar and Copper Newman. From Delaware Engineering, PC, Project Manager Mary Beth Bianconi, newspaper reporter Mike Ryan and the town clerk.

A motion was made by LaPierre seconded by Hitchcock and carried approving minutes of the January 7, 2004 regular and organizational meeting with corrections.

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

The Building Inspector presented his yearly report for 2003 and his January 2004 report to the Board.
The Board suggested that 911 numbers be part of the reports for easier identification.
For the March meeting the Building Inspector was instructed to bring in pictures of unsafe buildings with their 911 #'s which he thinks should be taken care of and the Board will prioritize the order the letters are to go out.
A motion was made by Flaherty seconded by LaPierre and carried to accept the Building Inspector's report.

The Zoning Officer's January activity report was given out to the Board.
A motion was made by LaPierre seconded by Wilson and carried to accept the Zoning Officer's report.

Webmaster Peter Peters gave each Board member and the town clerk information on their individual e-mail account set ups through the Town web site.
The web site committee, LaPierre and Wilson, and the Webmaster reviewed items included on a monthly update. They recommended an upgrade to the site.
Councilman Hitchcock made a motion approving an upgrade to the web site at a one- time cost of $420.00 seconded by LaPierre and carried.

A motion was made by Flaherty seconded by Hitchcock and carried accepting the resignation of Charles Kutcher from the Greene County Planning Board.

Gene Beers was nominated to replace Mr. Kutcher on the Greene County Planning Board. Mr. Beers was interviewed and appointed to a seven- year term on the Town Planning Board in December 2003.
Councilman Hitchcock "We did have a policy in place that if anybody goes on to one of the appointed Boards we would reschedule an interview. If we don't want to do that any more that's fine."
Councilman Wilson "Maybe we could make an exception."
Councilman Kutcher " I wouldn't make an exception if I thought we would gain something. Is there anything that would make a difference why you would put him on our planning board and not the Greene County planning board?"
Councilman Hitchcock "You don't think there are questions you ask somebody that represents the Town at the Greene County Planning Board level about power plants or lines going through."
Councilman Kutcher "No because he could have the same issue here. We didn't ask questions of any candidates that came in today about what there position is on something. We want to know how they will make a judgment. We determined and you determined that Gene Beers will make logical decisions based on the stuff in front of him. How will that change if we interview him again? He will apply the same thing at the Greene County Planning Board that he applies here."
Councilman Hitchcock "I have no problem with that except I've seen Greene County have issues you'll never face in this Town. I have no problem with Gene Beers but there's also the policy. If you want to do away with it we will."
Mr. Beers will be asked to come in to interview for the Greene County Planning Board at 6:30PM prior to the regular March 10, 2004 meeting.


An inventory report was received from Superintendent Mallory.
The Board discussed having a flow chart as to when a new truck could be purchased and Board members would like to have an amortization table. The Board also stated that large expenditures should be done at budget time.
The highway committee recommended that the order for a new truck could be placed now but the monies for the new truck would be part of the 2005 budget.
This item was tabled until the March meeting. The Supervisor will speak with the Superintendent about what was discussed.


Delaware Engineering, PC Project Manager MaryBeth Bianconi made a presentation concerning Mountain View Estates sewer treatment plants.
Construction will begin late spring or early summer. Two SPDES permits are needed because there are two facilities. Mt. View Estates will be forming a "Transportation Corporation." The Town gets to review and approve and a bond will be required to insure that construction occurs.
Ms. Bianconi showed a site plan indicating where the plants would be located. Information on the Transportation Corporation is available in the town clerk's office.

Courtesy of the Floor.

Oscar Newman "The State law on executive sessions requires that prior to holding an executive session you have to be in an open meeting. Last month I believe you went into executive session at the end of the meeting and you were in executive session prior to our attending this meeting."
Mr. Newman was informed that the Board was not in executive session prior to tonight's meeting but was conducting interviews.
Mr. Newman "The second item I'd like to talk about is logging. The helicopters came in and helped clear an area. One of the things I believe they said is they were actually going to plant little trees everywhere they went. In the middle of the summer you don't see that bare mountain but all winter long you see two big patches."
"The only rule we have currently is how they deal with access over a main road. We have to be careful. We maybe should consider putting a couple more rules in about logging, particularly in higher locations."

Courtesy of the floor was closed.

A committee of Councilmen Wilson and Kutcher was appointed to review noise law samples from other Towns and bring back with some recommendations for the Board to consider.

Under Old Business:

Supervisor Flaherty spoke with the County Superintendent of Highways and was told that County Route 40 will be worked on in the spring.

Work is to begin this week on redoing the bathrooms in the Municipal Building.

Supervisor Flaherty brought up the subject of hazardous waste at the Mt. Top Supervisors and Mayors meeting. There was some interest but nothing had been budgeted for this item.
Councilman LaPierre "In the Daily Freeman this morning the top article was hazardous waste in Greene County. They are proposing to have there first clean up sometime by fall and it will be county wide." Items will be brought to the transfer stations.


Supervisor Flaherty informed the Board that a grant has been received in the amount of $2,500 for an ambulance study.

On the Hunter landfill: the trench has saved us thus far approximately a 30% savings in leachate cost.

Twelve to fourteen Towns in the County now belong to Greene County EMS.

Within Greene County 68 people opted to go into the CWC septic reimbursement program. To date 34 people have been reimbursed.

Under correspondence:

The Town of Windham ambulance has increased their fee as follows due to higher insurance rates and operation expenses.
Basic Life Support from $375 to $450.
Advanced Life Support from $475 to $600.
Oxygen to stay at $50.
Mileage from $8.00 to $9.00 per mile.

A motion was made by Flaherty seconded by LaPierre and carried approving Resolution #4. This resolution is in memory of Town Historian Elwood Hitchcock.
ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre, Wilson
Nay 0

The East Jewett Fire Department's annual report was given out to the Board.

The Board audited the Justice books and was given a yearly report.
A motion was made by Hitchcock seconded by LaPierre and carried accepting the report.

Councilman LaPierre concerning Wright Road: "I have been asking Bobby for years now to re-grade the ditch."
A motion was made by Hitchcock seconded by Wilson and carried instructing the Superintendent to re-fill and re-grade the ditch on Wright Road.

All Board members received the 2004 edition of the Town Law Manual.

Councilman LaPierre formally resigned his position on the highway committee.

A motion was made by Flaherty seconded by Kutcher and carried that from this point hence all Town meetings will be guided by the rules stated in the 2004 Town Law Manual.

Councilman Hitchcock "I do think there's a problem that confronts the mountaintop and that is the Benedictine Medical Center in Hensonville. I am very disturbed that the doctor that was there left the facility in January. A great many people use it as a primary medical center. They've had 3 or 4 or 5 doctors there in the last 10 years."
Councilman Hitchcock was authorized to draft a letter to Benedictine stating our concerns. He will present the draft at the March meeting.
Supervisor Flaherty will also speak on this issue at the next Mountaintop Supervisors and Mayors meeting and ask for there support.

On a motion by Flaherty seconded by Kutcher and carried the Board went into executive session to discuss appointments to the Planning Board and ZBA. On a motion by LaPierre seconded by Wilson the Board came out of executive session.

The following appointments were made. On a motion by Flaherty seconded by Hitchcock and carried Carol A. Muth was appointed to the Planning Board for a 5- year term to fill the vacancy of Charles Kutcher.

On a motion by Flaherty seconded by LaPierre and carried Joan Kutcher was appointed to the Planning Board for a 1-year term to fill the vacancy left by Robert Middleton. Councilman Kutcher recused himself from the vote. .

On a motion by Flaherty seconded by Hitchcock and carried Tod Mallory was appointed to the ZBA for a 5 year term to fill the vacancy left by Tom Wilson.

Attorney Rappleyea will look into the creation of an alternate member on the Planning Board.

A motion was made by Hitchcock seconded by Wilson and carried to amend the policy of appointments to the Greene County Planning Board. After tonight's meeting the position on the Greene County Planning Board will be appointed by the Town Planning Board from its members. If they are unable to do so then the Town Board will make the appointment.

On a motion by Hitchcock seconded by Kutcher and carried Gene Beers was appointed to the Greene County Planning Board on Resolution #5.
ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre, Wilson
Nay 0

A motion was made by Flaherty seconded by Kutcher and carried to go into executive session to discuss land acquisition. A motion was made by LaPierre seconded by Flaherty and carried to come out of executive session.

Upon the advice of Attorney Rappleyea the Board passed Resolution #6 on a motion by Flaherty seconded by LaPierre and carried.
The resolution authorizes the Supervisor to enter into a contract with the appropriate party for the 16.9 acres across the road at a purchase price of $85,000.00 and to execute any such documents necessary to complete the acquisition of the land.
This resolution is adopted subject to a permissive referendum
ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre, Wilson
Nay 0

A motion was made by Flaherty seconded by LaPierre and carried to approve Resolution #7.
This resolution authorizes the sum of $85,000.00 be expended from the Town's capital "Fund for the Future" to complete such acquisition.
This resolution is adopted subject to a permissive referendum.
ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre, Wilson ]
Nay 0

Bills were audited and ordered paid. The general fund was $31,311.42 on abstract #2, claim numbers 32 to 54. The highway fund was $9,968.55 on abstract #2, claim numbers 10 to 32.

There being no further business the meeting was adjourned at 11:45 PM on a motion by Flaherty seconded by LaPierre and carried.

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Patricia Merwin Town Clerk