September 8, 2004

A regular meeting of the Jewett Town Board was held on September 8, 2004. Supervisor Michael Flaherty called the meeting to order at 7PM. Present were Board members Thomas Hitchcock, Charles Kutcher, Paul LaPierre and Harry T. Wilson. Also present were Superintendent of Highways Robert Mallory, Building Inspector Robert Bosworth, Jane Bostrom, newspaper reporter Mike Ryan, Attorney for the Town Tal G. Rappleyea and the town clerk.

The meeting was opened with the pledge to the flag being said outside before the 9/11 memorial.

Minutes of the August 11, 2004 regular meeting were accepted on a motion by LaPierre, 2 nd by Wilson and carried.

Minutes of the September 1, 2004 special meeting were accepted on a motion by Hitchcock, 2 nd by LaPierre and carried.

The Supervisor's monthly financial report was given to the Board. Bank statements were not available for this meeting because of the early meeting date.

Building Inspector Bosworth presented his written report for July and August.

So far this year he has issued 18 building permits for new houses.

On a motion by Hitchcock, 2 nd by LaPierre and carried the Building Inspectors report was accepted.

The Board reviewed the monthly written report of the Zoning Officer.

Pending items discussed were 1) Rough Rider Ranch. Supervisor Flaherty said a temporary injunction was secured and there was a hearing last Friday. Any violation of the Town law is considered contempt of court and Rough Riders would answer to the County Supreme Court.

2) Planning Board Chairwoman Bostrom reported that Ms. Scotti has an application before the Planning Board for a special use permit for an antique shop. Ms. Bostrom said the sign law is not clear about the number of directional signs that can be put up so this item is pending.

The Town Board will review the sign law at the next monthly meeting concerning format and number of directional signs.

A motion was made by Hitchcock, 2 nd by LaPierre and carried accepting the zoning officers written report.

Supervisor Flaherty asked if any of the Board members were interested in being nominated as an alternate to the Coalition of Watershed Towns. This item was tabled.

The coffee/cider day was discussed. Councilmen LaPierre and Kutcher are in charge of publicity. They will meet with Windham Journal newspaper reporter Carolyn Bennett to develop an article. The information will be posted on the web site and signs will be placed around Town.

Councilman Hitchcock is in charge of cider, coffee and milk. Councilman Wilson is in charge of donuts. Councilman LaPierre is in charge of paper products.

The event will be held on October 9, 2004 between 10am and 12noon in the Town garage rain or shine.

Attorney Rappleyea updated the Board on the easement on the old Makely property on County Route 17.

Attorney Rappleyea "We run into a snag. When DEP processed this they had to do an appraisal on the property. Once it came to light that they, the Makely's, were going to deed to us the easement, which is three quarters of an acre, which devalues that particular acre from $1900 to $620, the offer to the Makely's was decreased by $1280 for that acre. The alternative is to have the Makely's eat that $1280 or have us pay that difference."

Attorney Rappleyea said he has only spoken with the field representative.

Councilman LaPierre suggested a letter be sent to the person in charge of land acquisition explaining the situation and see if in the "interest of a harmonious relationship to the peoples of the mountain top" something could be worked out.

A motion was made by Wilson, 2 nd by LaPierre and carried approving Resolution # 22. This resolution approves the expenditure of $1,280 to buy the easement.

ROLL CALL Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre, Wilson

Nay 0

The letter and the resolution give Attorney Rappleyea options to use when he contacts the person in charge of land acquisition.

Superintendent Mallory said there was damage to a Town highway done by a contractor. The damage amounts to $2,000. The Superintendent will send a bill to the contractor.

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 2 nd the motion and all Board members voted aye.

The general fund was $26,552.72 on abstract #9, claim numbers 205 to 224. The highway fund was $3,181,81 on abstract #9, claim numbers 146 to 151.

The Board discussed land acquisition.

Councilman Hitchcock "Do we feel the need to look at land to acquire for the Town to use for a recreational facility or a new town house?

Councilman Wilson "We had the Cornell people come down. They were broad in their assessment such as explore the aquifer and the supply of ground water. They also said it would be valuable to do an informal review of the existing comprehensive plan and zoning map. Let's put land acquisition in the context of goals and how to achieve them within the comprehensive plan and just move on."

The Board will review the present comprehensive plan. Supervisor Flaherty and Councilman LaPierre will ask other agencies to look at the present infrastructure and give reports.

The Board discussed mass gathering.

Attorney Rappleyea is presently reviewing the local law and comparing it against the State requirements.

The Board discussed the ambulance billing.

Councilman Hitchcock said he would like to be better informed about how the billing system works.

Councilman Kutcher "There seems to be a few issues. One is the basic issue of having a municipal service and what are our liabilities. The second issue is their editing and aging this so we know what's a running bill to us, a gross total. Third is how do we audit randomly to know that we're getting the same attention every other group in there is getting? Fourthly, it needs someone outside to do a spot audit."

Councilman Wilson "Windham is a contractor to us. We have a fiscal and a fiduciary responsibility to our taxpayers in this Town to make sure our money is being well protected."

Councilman LaPierre "We need some sort of protocol. If we had a document that spelled out how this whole system operated so we all understood how the monies are allocated and collected, that's one part. The other part, I think, that would give us some leverage when we do talk to the Town of Windham, is if we had an historical depiction of how the monies have been charged and repaid and what the short fall is every year. That would show us the amount we need to budget."

The Board discussed adult entertainment.

Councilman LaPierre "We need to have a discussion about what our options are in the Town."

Attorney Rappleyea "I can give you general back-round stuff. It's considered to be protected by the first amendment. You cannot outlaw it. If you have a law you can regulate the location and times of operation."

Attorney Rappleyea "I can do a study of the secondary effects in the community. The Village of Tannersville used a study from the western part of the State. I can use their study and tweak it with our demographics, location and zoning. Out of that study and report we then can write a law that is consistent with what is found in that report so you have a rational basis for regulating the first amendment."

Councilman LaPierre made a motion empowering Attorney Rappleyea to do the research on this item, seconded by Wilson and carried.

Councilman Hitchcock requested the Supervisor send a letter to the County Highway Department thanking them for doing the bridge on Co. Rt. 23C.

A motion was made by Hitchcock, 2 nd by LaPierre and carried to put the Oshkosh up for bid. Supervisor Flaherty voted nay.

Co-chairman Kutcher reported that the sound committee held its last meeting and the final draft is being prepared. They hope to have information for the Board in October or November and hopefully to enact an ordinance by spring of 2005.

The Board discussed raising fees for Planning Board and the ZBA.

Two variations were proposed.

The first was to make the application fee for a minor subdivision $100 with a maximum, up to 4 lots, of $400. An application for a major subdivision would be $500 and $100 for each lot created in the sub-division.

The second was to keep the suggested change for the minor subdivision and have a sliding scale for major subdivisions. Lots 1 to 10 would be $200 per lot; lots 11 to 15 would be $300 per lots; lots 16 to 25 would be $400 per lot; lots 25 to 50 would be $500 per lot and over 50 lots would be $1000 per lot.

This item was tabled for the Board to review the options.

Under other:

Councilman LaPierre said there was a newspaper article a few months ago that mentioned the County doing a HAZMAT collection. The Supervisor will contact the County's solid waste manager for an update.

Councilman LaPierre suggested that the uniform service be put out for bid.

The Board was in agreement.

Councilman LaPierre said the County announced a surplus in sales tax this year.

Councilman LaPierre "If they say it's a temporary increase it should be a temporary increase and we don't let it slide into a permanent increase."

The Councilman would like to contact our legislator about having the temporary extended sales tax rescinded.

A letter will be written to Legislator Hitchcock and the Supervisor will ask the Mt. Top Supervisors and Mayors to do the same.

Councilman Hitchcock asked if it was a requirement in the subdivision law that anyone putting in a private road has to have the road oiled and stoned even if there is no intention of turning that road over to the Town? The Councilman was told that it is a requirement in the subdivision law.

There being no further business the meeting was adjourned at 9:40 PM on a motion by LaPierre, 2 nd by Kutcher and carried.

____________________________

Patricia Merwin Town Clerk