| 3.12.03
A regular meeting of the Jewett Town Board was held on March 12, 2003.
Supervisor Michael Flaherty
called the meeting to order at 7PM. Present were Board members Paul LaPierre,
Thomas Hitchcock and
Mark Middleton. Also present were Assessor Georgette Krauss, Building
Inspector Robert Bosworth,
Superintendent of Highways Robert Mallory, Attorney for the Town Tal G.
Rappleyea arriving late,
newspaper reporter Mike Ryan and the town clerk.
The Public Hearing on new language in the Sign Law was opened. There
were no comments from the
public. A motion was made by Flaherty seconded by Hitchcock and carried
to close the Public
Hearing.
In discussion on the sign law Councilman LaPierre said there was "nothing
that specifically restricts
billboards. If someone wanted to put up a sign and rent space on it, could
they do it?" Councilman
Middlton questioned the law's fine print, specifically Section C. This
states "A bulletin board not
exceeding 24 square feet is permitted in connection with any church, school
or similar public structure."
The Councilman asked "what's to prevent someone from putting up 24
foot signs on adjacent
properties, or maybe even three in a row?" On a motion by Flaherty
seconded by LaPierre and carried
the Board tabled the vote on the sign law until Attorney Rappleyea arrives
for discussion on these
items.
The discussion was opened up after Attorney Rappleyea's arrival. He assured
the Board members
"there are enough stipulations in the law to ward off any unintended
abuses of the law."
Minutes of the February 12, 2003 regular meeting were approved as presented
on a motion by
Middleton seconded by Hitchcock and carried.
The Supervisor's monthly report was given to the Board and bank statements
were made available for
review.
Assessor Krauss gave a written and oral report to the Board. The subject
of the written report was the
annual reassessment program. The Assessor stated that the State "has
verbally agreed to accept our
figures for the Town and have indicated that both our Equalization Rate
and funding appear to be
secure for 2003."
Building Inspector Bosworth gave his monthly report to the Board. The
Building Inspector also
submitted a written report on letters sent out on unsafe buildings beginning
in 2000. The report
indicated those that have been finalized and new letters sent out for
unsafe buildings last year and
have not been completed.
Councilman Middleton "I was not aware that we had authorized 29
letters going out."
Supervisor Flaherty "When I went over the list with the Building
Inspector he misunderstood what our
intent was. People were coming in with applications for demolition permits.
When the Building
Inspector went out to look at them he determined that some were unsafe
buildings and added them to
the list. We'll go back and take those out."
Attorney Rappleyea reminded the Board that the six-month extension on
the Kilmer property is up next
month.
Councilman Middleton "It should be incumbent upon him to come to
us and ask for an extension."
Attorney Rappleyea will contact Mr. Kilmer and remind him the six-month
extension is over next month.
The Building Inspector was instructed not to send out any new letters
on unsafe buildings until the
current unsafe buildings are closed out.
A motion was made by Hitchcock seconded by LaPeirre and carried to accept
the Building Inspectors
report.
The Building Inspector asked the Board if he could require all foundations
be back-filled with sandy-
loom material and gravel and nothing less? This is for the safety of the
foundation.
Supervisor Flaherty "We follow the mandates of the State Building
Code" and he didn't find this
requirement in them. "You're allowed to use materials from your property
to back-fill."
Councilman Hitchcock "You're saying the homeowner has to spend more
money to do this. Any time
we say that I think we're crossing a line. We can recommend it, but if
they chose to do it on their own
you're adding cost to it. I think, if the homeowner is aware of the situation
and he decides to use the
materials he has instead of trucking other stuff in at an added expense,
I think we're getting into an area
I don't like to see us getting into. I'm not saying it wouldn't be better
to do what you're saying,
however you're imposing a cost on the homeowner."
Councilman Middleton "I can understand what you're saying. At the
same time don't we have a
responsibility to inform clueless individuals, I don't mean that derogatory,
that have no idea about the
soils and boulders and how we heave and move? If we don't put something
in like that some engineer
is going to get an attorney and say you guys know the condition of the
soils up here and you allowed
them to back-fill this. Now he has to fix it and you're mandating that
it's an unsafe building. Your job
should have been fiduciary in nature and tell him he should have back-filled
with something other than
site material."
Councilman Hitchcock " I know what you're saying is true. I don't
like to see the Town get involved to
the point that now we are culpable when I think it's the builder, the
architect and all these other things."
Councilman LaPierre "We can take it from the standpoint that with
a building permit application we
could give them a guide sheet that says soil conditions in the Town of
Jewett typically are clay. Give it
to them as part of the package."
A motion was made by Flaherty seconded by Hitchcock and carried approving
Resolution #4. This
resolution amends highway Resolution #2 of 2003.
ROLL CALL: Aye, 4, Flaherty, Hitchcock, LaPierre, Middleton. Nay, 0.
Superintendent Mallory asked for and was given permission to bid for
a new pick-up truck. Bids will be
opened at the April 9, 2003 meeting.
Under Correspondence:
The Supervisor received a resume' from William Dwyer. He is applying
for the Zoning Officer's
position. An interview was scheduled for 6:30 PM on April 9, 2003.
A letter was received in the Supervisor's office from the law department
in New York City. "It has to do
with employees suing their employers. In private industry if the injured
plaintiff receives an award they
automatically deduct what the disability pension would have been from
the award. This is not so in
public service sectors, such as a municipality, at present." This
bill would change that.
Attorney Rappleyea recommended that the Board approve the legislation.
A motion was made by Flaherty seconded by LaPierre and carried to endorse
the legislation and add
the Town of Jewett's name to the list of supporters.
Councilmen Hitchcock, LaPierre and Middleton agreed to participate in
the horseshoe event at the
Town of Lexington's festival in August.
On a motion by Flaherty seconded by Middleton and carried the Board approved
the renewal of the
intermunicipal agreement.
A motion was made by Flaherty seconded by LaPierre and carried approving
Local Law #1 of 2003 as
amended.
Under other:
Councilman Middleton asked Attorney Rappleyea for an update on Ethan
Tarnou.
Councilman Middleton "I want to know if the Planning Board is rolling
up their sleeves and trying to
put something before these people that would allow them to stay here and
live in harmony with
everybody else.
I don't think I want to see these young people blown out of this Town
because they choose to make a
living creating music and selling it. I do want them out of this Town
if their whole thrust is to make
noise. I do think there is a way for us to address these people with noise
insulation or find out what
other sound studios do."
Attorney Rappleyea "As you know we're in court to make them do something.
There was some
confusion on Mr. Tarnou's part. He got bounced back and forth between
the Planning Board and the
Zoning Board because he didn't file an application. I spoke with Jeff
Prince and told him to make out an
application and get it filed. Show how you're going to do sound proofing,
show the parking, etc. My
understand is that Jeff had it in hand and was filing in court last month."
"It's a two fold application. One- if it's pre-existing, two- if
it's not pre-existing they can apply for a
special use permit."
Councilman Middleton "My only thought is, not deciding one way or
the other, do we need another
battle or do we actually roll up our sleeves and embrace this use there
with the stipulation that the
neighbors can't hear this noise outside the building? If we're going to
encourage people to do
carpentry and do artistic endeavors then why can't we encourage people
to have music as long as
they're not disturbing the neighbors?"
Supervisor Flaherty "There were some very good efforts to mediate
between the neighbors so they
could co-exist. It didn't work out."
Councilman LaPierre "I think Mark has a good point. If that could
function as a recording studio and
performance place in such a way that it did not impact on the comfort
of the neighbors and it didn't
provide a hazardous situation with respect to traffic and parking on the
road, it's not our determination.
It's the ZBA's determination depending on which application is filed."
Supervisor Flaherty "You also agree there should be a start and
a stop. There should be some filings,
some determination."
Councilman LaPierre "I think they should put it all on hold until
they go through the procedure."
Councilman Middleton "As one councilman and citizen in the Town
I would like to see, which ever
Board it goes to, take the position where we're interested in keeping
it here. We want to foster this kind
of stuff in this Town, if indeed we want to but you must comply. If there's
a way we can put them in the
right direction or even help find a way to comply. I don't think we should
railroad young musicians out
of Town."
The Town Clerk was instructed to write the Jewett and East Jewett Fire
Departments reminding them
that their annual reports to the Town were due prior to the February meeting.
Councilman Middleton stated that the Board has not received documentation
concerning the fire
departments status as a tax exempt organization. Councilman LaPierre said
he would speak with Mr.
Schildhorn again.
Councilman Hitchcock said that Mr. Peters was looking for some guidance
concerning the web-site. He
showed the Board several sample home pages from other Towns.
There was another firm from Maine that does web-sites. If the Board wants
they will come and make a
presentation.
The approximate cost would be about $100 per month.
Councilman Hitchcock will ask Mr. Peters to attend the April meeting
to make more of the presentation
to the Board.
Attorney Rappleyea presented an updated ambulance contract for the Board's
review.
Changes are on page 2, Article 3A: the price was pulled back to $26,000
from $36,000. The sentence
with regard to billing and receipt of copies of PCR's each month.
Article 3 B. Did say they would make a good faith effort to collect now
reads shall make a good faith
effort to collect. They will also give the Town a copy of the bill.
The Supervisor was given permission to execute the contract after the
Town of Windham has reviewed
it.
A price was received on the replacement of the metal roof on the summer
barn. The replacement cost
was $6,178.42.
There were eight phone calls made but only one person responded. The
Board approved the
replacement cost of $6,178.42.
Bills were audited and ordered paid. The general fund was $19,505.66
on abstract #3, claim numbers 51
to 72. The highway fund was $5,547.84 on abstract #3, claim numbers 41
to 55.
There being no further business the meeting was adjourned at 11:00 PM
on a motion by Hitchcock
seconded by Flaherty and carried.
Patricia Merwin Town Clerk
|