A regular meeting of the Jewett Town Board was held on April 10, 2002. Supervisor Michael Flaherty called the meeting to order at 6:30 PM. Present were Board members Marilyn Haarklau, Paul LaPierre, Thomas Hitchcock, Mark Middleton, and Superintendent of Highways Robert Mallory, Attorney for the Town Tal G. Rappleyea, some Town residents, members of the East Jewett Fire Department and the town clerk.

Members of the East Jewett Fire Department were introduced, Treasurer Carol A. Muth, Fire Chief Steven Canfield and Board of Directors Member Jeff Loucks.
The Board reviewed the Fire Departments financial report.
Councilman Hitchcock, "I've made no secret in the past about my concerns with public money, whether it be the Towns or the fire departments. There's been some question according to our Attorney and some discussion in the fire companies of how much the Town Board is required to know or not know about their finances."
"To that end, I called the Attorney General's office, the Secretary of State's office and the IRS. No one has told me it's none of my business."
"Any organization that receives $25,000 or more in public monies is suppose to register and make an annual report to the IRS. East Jewett Fire Department is registered with the IRS but Jewett Fire Department is not registered."
Jeff Loucks suggested that maybe the reason East Jewett is registered with the IRS is because of a grant that the Fire Department applied for in 1980. "One of the burdens put upon us was to prove that we were a non-profit organization. We had to change our by-laws to give us a structure for disillusion if the department should ever lock the doors. I would guarantee Jewett has never been in that situation and never done the paper work."
Councilman Hitchcock, "That needs to be corrected. They need to be registered as a non-profit organization."
"I was told to call the public safety person for Greene County. They were very helpful. I asked them who was responsible, who should be doing the checking? They gave me the kind of answers for their fire departments. They said they were audited every year."
Jeff Loucks, "Be careful when you talk with others in the County and other fire departments because I believe the Town of Jewett is a very unique situation in Greene County. The fire departments are separate entities. We are our own company and we contract with the Town for fire protection. I believe all the other departments in the County belong to a Municipality."
Councilman Hitchcock, "I hear you and I would rather not have any of this responsibility at a Town Board level for looking at the books of the fire companies. There are some cloudy areas."
Councilman Middleton, "I have a concern that this has surfaced only because the IRS is not going to realize any statute of limitations when it comes to back taxes and I would hate to be in a position of knowing when and how to spend the peoples money. Then all of a sudden facing an IRS audit for an organization that hasn't filed papers within the Town. Anything we can do to help, we should co-operate together. This has surfaced; it's encumbered upon us to try and make this right with the fire department even if we have to have an accountant to look at this to get us out of harms way."
The Councilman asked if the East Jewett Fire Department "ever used an accountant at all even when you went for not for profit? No body set it up for you? Jeff Loucks said, "the only one that may have been involved with it may have been" Attorney "Larry Gardner on the legal side."

Fire Chief Steve Canfield, " the East Jewett Fire Department is now set up for an emergency shelter. We have a generator large enough to run the whole building for at least 10 days straight. We have a full service kitchen. We can run the water and everything."
The Fire Chief asked about any new information on the "floods". "We are still waiting for paper work. If DEC would tell us about the situation at Colgate Lake. They asked the fire department how fast we could respond. I asked what it would take to purge the dam and no one has answered that. We did get a vague report from ARC, it told us the amount of water the dam up there held."
Supervisor Flaherty "You will be informed as soon as they make a move, they updated the Board and will keep us on board. The dam is on the list to be replaced. When they do replace it they will reconfigure the top for handicapped accessibility."

The Supervisor's report was given out and bank statements were made available for review.

On a motion by Flaherty, seconded by Hitchcock and carried minutes of the March 8, 2002 special meeting were approved with a spelling correction on page two.
On a motion by Hitchcock, seconded by LaPierre and carried minutes of the March 13, 2002 regular meeting were approved as presented.

Courtesy of the floor was opened. There were no comments from the public. A motion was made by Flaherty, seconded by LaPierre and carried to close courtesy of the floor.

The Board reviewed a written report from the Building Inspector. He was unable to attend tonight's meeting but will have the list of unsafe buildings for the Board's review at the next meeting.

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The Board was in agreement that the work accomplished on the unsafe buildings should be on the web site. Councilman LaPierre said he would contact news reporter Mike Ryan and discuss the possibility of the newspaper doing an article on what the Town has accomplished with the unsafe building law.
Councilman Hitchcock suggested a list of the unsafe buildings already taken down is posted on the web site.
Councilman LaPierre asked the Board about having a report from the Supervisor or Town Board about every quarter for the newspaper that would include highlights of accomplishments, problems, projects or public input on something.
Board members were in agreement with these ideas.
A motion was made by Hitchcock, seconded by Middleton and carried to table the Building Inspectors report until the next meeting when he can be present more information.
A motion was made by Flaherty, seconded by Haarklau and carried adopting Resolution #4. This resolution is in support of St. John's Ukrainian Church applying for grant funds for the Grazdha Community Center. This is a resolution of support only. They are not asking the Town for funds.
ROLL CALL: Ayes 5 Flaherty, Haarklau, Hitchcock, Middleton, LaPierre
Nays 0

A motion was made by Flaherty, seconded by LaPierre and carried adopting Resolution #5. This resolution is to apply for a Justice Court Grant to aid in the cost of running that department.
ROLL CALL: Ayes 5 Flaherty, LaPierre, Middleton, Haarklau, Hitchcock
Nays 0

A motion was made by Flaherty, seconded by LaPierre and carried adopting Resolution #6. Resolution #6 is a TE-9 to reduce the speed limit to 35 MPH on County Rt. 23C from west of State Rt. 296 to Tahoe Road ex post facto.
ROLL CALL: Ayes 4 Flaherty, LaPierre, Haarklau, Middleton
Nays 1 Hitchcock

Planning Board member Susan Neugebauer's term of office for the County Planning Board has expired.
Supervisor Flaherty made a motion to re-appoint her for a two year term, there was no second.
Councilman Hitchcock was not acquainted with what the County Planning Board deals with. Attorney Rappleyea and the Supervisor said they work with any special use permits, major decisions, a 239 project that comes within 500 feet of a Municipality, something with a County Road, etc. These have to be forwarded to the County Planning Board to see if there is a larger impact. It's so we can have more information on the County level. If they do have reservations the Town Planning Board then has to pass the project by a super majority. They recommend only.
Councilwoman Haarklau will speak with Susan Neugebauer to find out how she stands on issues and either bring information back to the Board or have Susan come to the next meeting.
On a motion by Flaherty, seconded by Haarklau and carried this resolution was tabled until next months meeting.
The Board will be copied with the County Planning Agenda when it comes into the Town office.

The two Town wide clean ups were discussed. The first cleanup is of roadside garbage to be picked up beginning next week ending Saturday the 20th. The second Town wide cleanup has no date established yet.
On the roadside pick up the Superintendent said he had a verbal agreement with the County that they will accept the bags with no charge to the Town.
Concerning the second clean up, the Superintendent of Highways presented the Board with a list of items that will be picked up and a list of items that are not eligible for pick up for the Boards review.
Tires will be added to the items to be picked up, four passenger tires per household and no commercial tires.
Councilman Middleton suggested that it be mentioned in the ad that "any items not eligible for pick up and left on the side of the road, after the pick up date," is not the Highway Superintendents responsibility.
Councilman Hitchcock suggested that at places where pick up is not done because the material didn't qualify, a document be left stating the reason and making it the persons responsibility to remove it from the roadside. The Councilman will make up a form notice.
The Supervisor asked Councilmen Middleton and Hitchcock to be on a committee to assist the Superintendent.
Supervisor Flaherty assured the Board that the highway crew will be paid through the general fund. There will be no expense paid from the highway fund.
On a suggestion by Councilman Middleton the Board agreed that the Town wide pick up will be scheduled for the fall of this year, a date to be determined later.
A motion was made by Flaherty, seconded by Middleton and carried to table this item for future discussion.

The Red Cross was at the Supervisor's meeting. They asked if the Town would be interested in using the Municipal Building as a disaster site. If the Board agrees the Red Cross will train employees because they are funding the program.

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The Board did not approve the proposal because the East Jewett Fire Department has offered their facility to the Town in case of a disaster.
Councilwoman Haarklau will seek information to see if the Jewett Fire Department is also equipped to handle a disaster.

Supervisor Flaherty informed the Board that the Mt. Top Supervisor's, at this time, were not interested in doing a Mountain Top dog enumeration.

Supervisor Flaherty asked the Board's permission to purchase a safe for the Supervisors/Clerks office.
The safe will house all the checks and the credit card with a two- hour burn through at a cost of $986.00 delivered. The board had no objection to the purchase of the safe.

Supervisor Flaherty informed the Board that he is still working on the variance for the Hillside landfill.

There has been no response to the advertisement for an independent auditor. This has been in the paper for two weeks. The Board was in agreement to have the Supervisor contact Donna Bates, CPA to do an independent audit.

Councilman Hitchcock reported to the Board that the east wall of the Towner cemetery is being worked on.

A September 11, 2001 plaque was discussed.
Councilman Hitchcock brought an updated draft notice that would possibly go in the paper and web site. The Councilman also had a draft letter that would be addressed to the families in the Town that were directly affected by September 11. At present there are only three families in the Town known to have lost immediate family.
Councilman LaPierre: "I would reiterate what I said last time. I think a memorial plaque of this type should indicate recognition of the people who were connected to this Town as far as the loss but that we not include names. Most of these people were not residents of the Town on a permanent basis. I think it's important to do what you're doing in creating a memorial and recognition that there were lives of this Town, in some way, that were lost and want to pay tribute to that. You want to remember the event. I think we can do it without names. We don't want to risk leaving anyone out either."
The board was in agreement that a plaque with no names was a good choice.
Councilman Hitchcock will work on this project and present something to the Board.

Councilman Hitchcock spoke with a Real Estate person handling the sale of property on Rt. 23A belonging to Mr. Greene. There is about 400 acres at a cost of around $600,000. He asked the agent to ask Mr. Greene if he would consider lopping off a piece for a small park.

Under other:

1) Councilman LaPierre asked the Superintendent about the ditch on Wright road. The Councilman suggested that it be refilled and re-establish the grade of the ditch. The Superintendent will re-examine the situation.

2) Councilman Hitchcock asked the Superintendent to clean up the brush around the front of the salt barn. The Superintendent will take care of this.
Councilman Middleton said he would like to see a sign saying "Municipal Salt Barn".

3) Councilman Hitchcock asked if the Town could put a stencil backing on the "Welcome to Jewett" signs. They might say "Come Again" or "Have a Nice Day".
Councilman Middleton will ask his uncle to help out, as he did with the cemetery signs.

4) Councilman Hitchcock said he was on Mallory Road and noticed two signs that don't conform to the new sign ordinance.
The Superintendent will speak with the parties that placed the signs.

5) Councilman Hitchcock, "On your phone bill there is $.35 taken out every month for 911. What happens to that money?"
Supervisor Flaherty said there is "legislation being work on now to ear mark those funds. Your feelings are the same that most Councilmen, all over New York, shared with the resolutions committee at the Association of Towns meeting. They want that money cycling back to the communities. Something is being worked on and I will keep you posted."

6) Councilman Hitchcock said he would like to revisit the Planning Board vote of 5 to 7. He asked that it be an agenda item for the May meeting "to finalize it just to finish the issue."

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7) Councilman Hitchcock, "Mr. Dibble is our other representative from the Mountain Top on the CWC Board. He lost the election, he will probably, at some point, be replaced?"
Supervisor Flaherty, "The by-laws say he has the option to finish his term which may be up to two years. He's staying."

Councilman Hitchcock, "What a disappointment. I see not one thing from this man. We are all members of the watershed. I think we have got to get better representation. NYC is buying up land and the only way to stop that is to get stronger advocacy on CWC."
Councilman Hitchcock, "This is a very crucial issue, whether it be septic, which we've gone around on before, whether it be the purchase of land, or whether it be reimbursement for systems put in. I'm very disappointed, he loses the election and he's going to stay as a representative."
Supervisor Flaherty, "I don't have a problem with the man. There is so much that goes on watershed wide. I'll bring back to you what happens in the Town of Jewett as soon as I know about it. The other stuff I don't know if you can make a connection with it. I did a survey. 18.5% of the entire watershed is Greene County and we've collected somewhere in the area of 16% in benefits in the last 5 years, it's almost 1/5 of the giant fund."
" The CWC doesn't dictate policy. Once the memorandum of agreement was crafted, we're responsible for the administration of the programs within. If its land acquisition that's a city thing. If its bad the watershed protection council is suppose to take care of that as well as the other stuff."
"My position as a director on the watershed is a tremendous amount of programs that we administer and make sure everyone is treated fairly through out the five counties. That's what our job entails."

8) Councilman Hitchcock, "Last meeting when Bob Bosworth was here for his part on the building permits and his report, it came up for the need for building permits if you install a stove. He referenced a house on Ford Hill Road that burned. The insurance adjuster checked to see if the owners had the proper permit. I recently installed a fireplace insert and didn't get a permit."
Supervisor Flaherty, "This is different.
Councilman Hitchcock, "My question is, suppose the people on Ford Hill Road had come and gotten a permit, paid the fee, Bob went and looked at it and the house burnt down. The insurance adjuster says it was improperly installed. Rather than suing the stove guy wouldn't we also be named?"
Supervisor Flaherty, "The manufacture will suggest this stove must be 18 inches from a combustible wall. They would present the instructions to Bob. He would then measure and document that at the time he was there the stove was 18 inches from the wall."
Councilman Middleton, "If Bosworth gave him the permit and the guy didn't install it properly or changed it the Town cannot be responsible."
Supervisor Flaherty, "It's the NY State Building Code that new stoves need a permit."

9) Councilman Hitchcock said he would like the Town to replace the old fence at the Hull-Peck cemetery. The Supervisor suggested he work on some numbers and bring them to the fall budget meeting.

10) Planning Board Chairwoman Bostrom reported on the cell tower. "After asking for a second meeting in February, which we had, they didn't come to our March or April meetings because they are backed up on some of the things they are preparing for the application. They said they would be ready with information for the May meeting."
"There will be a balloon test on May 4, 2002 with a rain date of May 11, 2002."
Supervisor Flaherty informed the Board that the escrow money has been received in the amount of $5,000.

Bills were audited and ordered paid. The general fund was $6,852.34 on abstract #4, claim numbers
77 to 108. The highway fund was $5,310.21 on abstract #4, claim numbers 48 to 65.

A motion was made by Flaherty, seconded by Haarklau and carried the Board went into executive session concerning real estate. On a motion by Flaherty, seconded by Hitchcock and carried the Board came out of executive session.

There being no further business the meeting was adjourned at 11:05 PM on a motion by Flaherty, seconded by LaPierre and carried.

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Patricia Merwin Town Clerk