JANUARY 13, 2010                                           

      The organizational and regular meeting of the Jewett Town Board was held on Wednesday, January 13, 2010.  Supervisor Carol A. Muth called the meeting to order at 7 PM.  Present were Board members Steve Jacobs, Michael McCrary, JR Quackenbush and William Trach. 

     Present were Justice Stephen Canfield, Superintendent of Highways Robert Mallory, Historian Janet Nicholls, town residents Werner and Helga Pscherer, Sarena Trach, Shawn Jaeger, Mairianne Romito, Michelle Yost and Josh Gorman from the GCSWCD, newspaper reporter Mike Ryan and the town clerk.

     Justice Canfield swore in newly elected officials, Supervisor Carol A. Muth and Board members Steve Jacobs and William Trach.

     Councilman Quackenbush made a motion, 2nd by Councilman Jacobs and carried to accept the minutes of the December 28, 2009 year end meeting.

      Supervisor Muth made a motion, 2nd by Councilman McCrary and carried adopting Resolution #1.  This resolution lists the appointments for the year.  The resolution reads:

     “Depository for town funds, Key Bank, Official newspapers, the Windham Journal and Daily Mail, Deputy Supervisor, JR Quackenbush, town Historian Janet Nicholls, Association of Towns Delegates Carol Muth and JR Quackenbush, Insurance Broker, Thomson Agency and Attorney for the Town Tal G. Rappleyea, Esq. 

     Board meeting are the second Wednesday of each month at 7:00 PM in the Municipal Building.  Audit by all board members will precede the regular meeting at 6:45 PM.”

ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Quackenbush and Trach.

     Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried adopting Resolution #2 as amended.  This is the highway resolution establishing wages, benefits, purchase agreements and paid holidays.

ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Quackenbush and Trach.

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried adopting Resolution #3.  This is the Town Clerk Annual Report and reads:

     “Whereas, the Town Clerk is required to give the Town Board an Annual Report of monies received during the year, and:

     WHEREAS, the Town Board must audit the Town Clerk’s cash book:

     THEREFORE, BE IT RESOLVED, that the Town Board has examined the Clerk’s cash book and accepts the annual report of the Town Clerk.”

ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Quackenbush and Trach.

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried adopting Resolution #4.  This is the Justice Annual Report and reads:

     “WHEREAS the Town Justice is required to give the Town Board an Annual Report of monies received during the year, and;

     WHEREAS the Town Board must audit the Town Justice Books;

     THEREFORE, BE IT RESOLVED that the Town Board has examined the Justice books and accepts the Annual Report of the Town Justice.”

ROLL CALL VOTE:  AYE Muth, Jacobs, McCrary, Quackenbush and Trach.

     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried adopting Resolution #5.  Department Head Staff and the resolution read:

      “WHEREAS, it has been a long-standing practice in the Town to give Department Heads the prerogative and responsibility to appoint their immediate staff subject to budgetary guidelines laid down by the Board and final approval by the Board, and;

     WHEREAS, it is sound policy to codify established practice as formal policy;

     THEREFORE, BE IT RESOLVED that the Board grants the prerogative and responsibility for proposing the appointment of immediate staff in any department to that Department Head subject to final approval of, and budgetary guidelines laid down by the Board, subject to the post having been advertised locally.”

ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Quackenbush and Trach.

     Councilman Quackenbush made a motion, 2nd by Councilman Jacobs and carried adopting Resolution #6.   This resolution is an Appointment to Planning Board and reads;

     “WHEREAS, the Town has a vacancy on the Town of Jewett Planning Board;

     THEREFORE, BE IT RESOLVED that the Town of Jewett appoints Mairanne Romito to the Town of Jewett Planning Board, to fill the vacancy left by Carol Muth, whose term ends 12/31/2014.

ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Quackenbush and Trach.

     The December written report from the Zoning Office was accepted on a motion by Councilman Quackenbush, 2nd by Councilman Jacobs and carried.

      Town Historian Janet Nicholls reported that in 2009 she received six letters and followed up with the request. 

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary to accept her oral report.

     Superintendent Mallory reported that a truck was down and is now being fixed.

     Councilman McCrary made a motion, 2nd by Councilman Trach and carried giving the Superintendent permission to clean, sand blast and paint two of the sanders at a cost not to exceed $3,500. 

     Supervisor Muth reviewed Town Law 3.1: Town Board Functions.  “The supervisor presides at town board meetings and may be assigned certain powers of administration and supervisor, the additional duties and responsibilities of the supervisor are only those which result from that position’s statutory role as town treasurer.” And Town Law 3.7: Authority “Each town board member has no more or no less authority than any other board member.”

     Supervisor Muth: “It is basically my belief that there are five of us here.  All of us got here the same way. That makes each one of your voices equal in my eyes.  I am very open to discussion, I encourage discussion, and I want input.  We were all elected to do a job for the people in the town.”

     Councilman Quackenbush made a motion, 2nd by Councilman Jacobs and carried adopting Resolution #7.  Planning Board Chairperson and reads:

     “WHEREAS, the Planning Board has had a temporary Chairperson since the passing of Jane Bostrom:

     NOW, THEREFORE, BE IT RESOLVED that Donna Bernard is named as the Planning Board Chairperson.”

ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Quackenbush and Trach.

     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried adopting Resolution #8.   This resolution is authorizing development and submission of an application for a Catskill Watershed Corporation Local Technical Assistance Program Application for the LTAP Grant 2010 for the purpose of conducting a mountaintop Better Site Design Plan & Workshop series to assist municipalities in promoting Low Impact Development principles in local codes and reads:

     “WHEREAS, The Town of Jewett is located within the Schoharie Watershed basin in the northern Catskill Mountains, and

      WHEREAS, The town of Jewett recognized it is in the citizens’ interest to understand environmental and economic impacts from storm water on the municipality’s infrastructure, private property, and water quality in order to proactively plan and respond to such impacts, and

     WHEREAS, The Town of Jewett has on a number of occasions worked in cooperation with other Mountaintop communities to develop and implement programs of mutual benefit (such as the Schoharie Turbidity Reduction Strategy, the Schoharie Creek Stream management Plan, the Mountaintop Recreation Master Plan), and

     WHEREAS, Issues related to community sustainability, economic development, private property protection, and water quality have been the subject of many discussions and are a common interest of the Mountaintop communities, and

     WHEREAS, The Town of Jewett supports participating in the Mountaintop Better Site Design Plan and Workshops to better understand how its codes rank against best management practices that better integrate storm water practices with community goals, and

     WHEREAS, The Town of Jewett recognizes the administrative support the Greene County Soil & Water Conservation District (GCSWCD) has provided over the years, thereby authorizes the GCSWCD Watershed Assistance Program as Project Sponsor to develop and submit an application to the Catskill Watershed Corporation Local Technical Assistance Program Grant 2010 rot eh development of a Mountaintop Better Site Design Plan & Workshop series that includes participation by the Town of Jewett.”

ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Quackenbush and Trach.

     Supervisor Muth made a motion, 2nd by Councilman Quackenbush and carried declaring light bulbs and ballasts as surplus items.

     Councilman Quackenbush said the wind turbine law should be finalized soon and it should be ready for the February meeting.

     Councilman Quackenbush was appointed liaison to the Planning Board.

     Councilman McCrary was appointed liaison for technical items.

     Cornell Cooperative Extension would like to meet with Board members and discuss the pellet stoves.

     Supervisor Muth presented a list of topics for future discussion; the procurement policy and code of ethics, look into exterior lighting and a security and fire alarm system, look at the lot-line law and look into a programmable key pad for the front door.

     Councilmen Jacobs and Quackenbush will procure information and quotes for the “scope of work” needed for security issues.

     Bills were audited and ordered paid.  The general fund was $18,448.45 on abstract #1, claim numbers 1 to 24.  The highway fund was $7,297.92 on abstract #1, claim numbers 1 to 12.

     The request from Michelle Yost regarding removal of her father’s property from the Hamlet area was tabled pending more information.

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary to accept the Supervisor’s November financials.

     Supervisor Muth:  “I’m excited to work with all of you and hope the work we do is beneficial to the Town.”

      Councilman Quackenbush made a motion, 2nd by Councilman Jacobs and carried to go into executive session at 9 P.M. concerning a pending law suit and highway negotiations.     

     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried to come out of executive session at 10:25 P.M.  No formal action was taken.

     A special meeting is scheduled for Friday, January 22, 2010 at 6 P.M. in the Municipal Building to discuss the highway imposition. 

     A motion was made by Councilman Jacobs, 2nd by Councilman Trach and carried adjourning the meeting at 10:26 P.M.   

______________________________________

 Patricia Merwin, Town Clerk/RMC

JANUARY 22, 2010                                

     A special meeting of the Jewett Town Board was held on Friday, January 22, 2010.  Supervisor Carol A. Muth called the meeting to order at 6 PM.  Present were Board members Steve Jacobs, Michael McCrary, JR Quackenbush, William Trach and the town clerk. 

     The purpose of the meeting was to discuss the imposition and deadline imposed by our union Attorney Dionne Wheatley.

     Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to go into executive session at 6:03 PM.

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried to come out of executive session at 7:23 PM.

     The Board came to a conclusion to satisfy the charges brought by the union.

     The Town is willing to reduce any contributions to our actual increase in cost to the health insurance provided the Town has the right to change providers whereby the change in providers will substantially duplicate the present benefit.

   __________________________________

Patricia Merwin, Town Clerk/RMC

Planning Board Minutes

TOWN OF JEWETT
PLANNING BOARD
MINUTES
JANUARY 7, 2010

Agenda Item 1: The meeting was called to order at 7:10 pm.

Roll Call:       Acting Chair: Donna Bernard
Members: Gene Beers, Joan Kutcher, and Janet Nicholls

Agenda Item 2: Approval of Minutes for December 3, 2009.

The Planning Board reviewed the minutes and made corrections. Mrs. Kutcher made the motion to accept the minutes as corrected. Mr. Beers seconded the motion, and it carried.

Agenda Item 3:  Public Hearing for Major Subdivision Application for Blondie Realty Corporation of NYS Route 23A, Jewett, NY; Tax Map No. 146.00-02-02; Zoning District: Rural Residential and Rural Conservation. The original 31.54 acres are to be divided into 3.04 and 28.5 acres respectively.

Ms. Bernard opened the Public Hearing at 7:15pm. Ms. Bernard called for comments from the Public, but no Public were in attendance.
Mr. Fancher brought the postal receipts and the notification of sign posting letter, completing the conditions for the Public Hearing. His company sends letter-sized maps describing the property with the notification to the neighbors, which serves to answer their questions. Ms. Laubmeier made copies for all PB members.
Mr. Beers made the motion to close the Public Hearing at 7:17pm, and Mrs. Nicholls seconded the motion which carried unanimously.

Agenda Item 4:  Major Subdivision Application for Blondie Realty Corporation of NYS Route 23A, Jewett, NY; Tax Map No. 146.00-02-02; Zoning District: Rural Residential and Rural Conservation.

Mr. Fancher brought the revised plats illustrating the one-hundred (100) year flood plain as he had promised. He analyzed that there would be room for a house to be built, although the setback could be a bit tight. He pointed out room where a septic could go if ever a house would be built there. Ms. Bernard inquired about other dwellings along the creek bed. There are other houses neighboring this property and the road is fifteen-hundred feet (1500') away. There appears to have been an old entranceway to this parcel once upon a time.
          Mrs. Nicholls had driven by there yesterday and said she thought DEP were having a final look at the place. Mr. Fancher said they probably were; they are thorough. Mrs. Nicholls thought the maps looked good.
          Ms. Bernard asked Mr. Beers to review the application a final time to be certain that all requirements have been met, and then asked Mrs. Kutcher to review it. The parcel is very flat, gradually sloping all the way back toward the creek, and Mr. Fancher thought that any flooding would go toward the other side. Mr. Fancher said that the one hundred (100) year flood is considered about six inches (6") of rain, or more, within a twenty four hour period.
          Ms. Bernard summarized that all conditions are met and approved. The Planning Board has already reviewed the SEQR and given the property a negative declaration, so there is no reason to deny the application. Ms. Laubmeier reminded Mr. Fancher of the application fee, which he paid. Mr. Beers made the motion to approve the Application for a Minor Subdivision. Mrs. Kutcher seconded the motion, and it carried. Ms. Bernard signed the maps and three copies were kept for the file.

Agenda Item 5: Linda Varelas to appear before the Planning Board for information upon the Building Inspector's advice on how to proceed on subdividing land she wishes to purchase in order to erect a shed.
 
Mrs. Varelas brought maps of sketch plan quality for the Planning Board's consideration. She has asked her neighbor, Tom Hitchcock, to sell her some land so that she can build a shed to store some equipment. The PB suggested she acquire enough land to make the parcel conform to current Zoning Board law. Mr. Beers thought that this was comparable to a very large Boundary Lot Line Adjustment. The parcels under review were originally one property in the 1960's before subdividing by the family; now they are a non-conforming lot. He suggested making both properties into conforming lots. Mr. Varelas said that Mr. Hitchcock had permission from Mr. Sheehan to cross the property to cut wood, and he wishes to be able to continue to do this. The PB speculated whether the parcel lay in the Hamlet Residential or in the Rural Residential Zoning District of Jewett. The difference in the acreage needed would be one and a half (1.5) or two and a half (2.5) acres respectively. A survey would determine how much land would be needed to transfer to Mrs. Varelas from Mr. Hitchcock to make the parcel or parcels conforming.
Mrs. Varelas wants to erect a twenty-four foot (24') by twenty-four foot (24') small building. The Planning Board said she will need to get Mr. Hitchcock to apply for a Sketch Plan Review and a Minor Subdivision, as it is his land. Mr. Beers said he is concerned because this process will temporarily create a new non-conforming lot, something the PB is not allowed by its own law to do. However, the non-conforming parcel would be momentary until it is deeded over to Mrs. Varelas. It would need a deed right. Ms. Bernard said, given the intention, the PB would need a deed description before and after for both properties as for a Boundary Lot Line Adjustment to keep it nice and clean. Mr. Beers wondered whether it would be easier to approach this as a Boundary Lot Line Adjustment, but Mrs. Kutcher said that the one acre or more of property to be transferred over is too large for that, and the necessary first step would be a survey to determine what is possible.   
Mrs. Varelas said she does not know quite how much acreage will need to be deeded over. The survey will answer that. Mr. Beers summarized that the total entirety must be two and a half (2.5) acres and that it must be merged and deeded simultaneously to avoid creating two non-conforming properties. Mr. Hitchcock will have to create the subdivision and the Planning Board would need to see something proving the merging of the two properties.

Agenda Item 6: Brittny Estates Application for Major Subdivision for property on Round Hill Road, Jewett, NY; Tax Map No. 113.00-3-23 and property in Windham, Tax Map No. 113.00-1-22.11 including land in both Rural Conservation and Conservation districts.

No one was in attendance to represent this case and the Planning Board had not been notified. Ms. Bernard said the Planning Board will keep the case open if the applicants notify it of their wish to proceed before February. Ms. Laubmeier will inform Mr. Schwarzenegger of this decision.
          Ms. Bernard has been reviewing the material provided by Mrs. Nicholls on this project, and wondered if the four lots belonging to the Town of Windham were all up on the ridgeline. They are. She said she is now getting more familiar with the stuff previously discussed by the Planning Board.

Agenda Item 7: Report from Greene County Planning Board Representative Gene Beers.

Mr. Beers said that the meeting was cancelled due to a light agenda in the holiday season.

Agenda Item 8: Report from Town Board liaison J.R. Quackenbush.

Mr. Quackenbush was not present. Ms. Bernard wondered if he would remain the Planning Board liaison or if that would change.

Agenda Item 9: Other Business: miscellaneous.

Ms. Bernard kept her promise to locate online information about the Woodstock Ridgeline law. It is a distinct thing they call a "scenic overlay." The Town Board did not meet last month, so she has not yet gotten further information on the progress of the Windmill Law. So far, the engineers strongly feel that height should be regulated from zero to one hundred feet (0 - 100') instead of from twenty-five feet to one hundred feet (25' - 100'). Previously they had not wished to regulate under twenty-five feet (25'). Most of the law is done; much has been agreed upon. The committee has chosen not to list setback for the guy wire; instead they are governing by the standards of safety for the industry.
Mrs. Kutcher mentioned that Michelle Yost is working with towns to assure the best zoning laws for water quality. Ms. Bernard said that she had emailed information on the online training courses for everybody, but she brought a hard copy that Ms. Laubmeier copied and passed around.
Mrs. Kutcher brought Mrs. Romito's maps for the new chair to sign. Ms. Bernard claimed she is only acting chair until the Town Board meets and approves her. Mrs. Kutcher said she was only acting chair for a year. Ms. Bernard signed the maps as acting chair and Mrs. Kutcher promised to deliver them.

          The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Kutcher, and carried unanimously. The meeting adjourned at 8:18 pm. The next meeting will be held February 4, 2010.

         
Respectfully,

Susan Laubmeier, Clerk

_____________________________
Donna Bernard, Chair