Town Board
APRIL 8, 2009
A regular meeting of the Jewett Town Board was held on Wednesday, April 8, 2009. Supervisor Michael Flaherty called the meeting to order at 7P.M. Present were Board members Steve Jacobs, Michael McCrary and JR Quackenbush. Board member Elaine Warfield was absent.
Also present were Attorney for the Town Tal G. Rappleyea, Superintendent of Highways Robert Mallory, Building Inspector Tom Cross, Zoning Officer William Dwyer, Shawn Jaeger, newspaper reporter Mike Ryan and the town clerk.
Three bids were received and opened for a new ¾ ton 2009 pick-up truck.
- Thorpe’s Pontiac bid $25,800.
- Catskill Buck Pontiac GMC bid $26,394.
- Village Dodge bid $27,537.
The Superintendent will review the bids before a decision is made.
Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried to accept the minutes of the March 11, 2009 regular meeting.
The building inspector said he has issued 2 building permits. He presented an unsafe/property maintenance log report for review.
The zoning office gave his monthly written report.
Councilman Jacobs requested the monthly agenda include an update on union negations even if there is nothing to report. Councilman Jacobs stated, “I disapprove with spending any more money on this issue.”
Under courtesy of the floor Highway employee Shawn Jaeger asked board members to open up a line of communication again with the highway employees but not about union matters.
Attorney Rappleyea was instructed to draw up a contract with Keith Abrams from Green in Greene concerning placing a wind turbine on Town property. NYSERTA rules will be followed. The Board felt this project would pay itself back within 3 years.
Councilman Jacobs said that Councilwoman Warfield has requested the Board not go forward with this project until the next meeting.
The Board agreed the contract could be drawn up but no vote will be done until the May meeting.
Superintendent Mallory has reviewed the truck bids. He said a decision cannot be made because two of the bids were almost similar. Attorney Rappleyea stated that some research will have to be done before the Board can make a decision. This item was tabled.
The Superintendent reported that monies from FEMA and SEMO for the December 2008 storm will be about $22,000. Superintendent Mallory asked that the monies received go into the Capital Projects Fund.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried adopting Resolution #11. The resolution is entitled: “Resolution Supporting And Urging The Implementation Of New York State Assembly Bill A06051 And New York State Senate Bill S01624 Which Allows A Person To Operate A Fire Truck And Other Emergency Vehicles Without Possessing A CDL.”
The resolution reads:
WHEREAS, in 2005 large sections of law were amended to make New York State compliant, as was believed at the time, with Federal Highway Safety standards in order to be eligible for millions of dollars of highway funds; and
WHEREAS, as a result of these amendments, sections 501(2)(d)(i) and 501-a(4)(b)(iii) of the New York State Vehicle and Traffic Law were changed which had allowed a full exemption of CDL requirements for the fire service and which now require such a license to operate commercial Motor Vehicles such as many fire vehicles; and
WHEREAS, this change in the law went unnoticed by a great many fire service organizations and when clarification by the Association of Fire Districts, FASNY and NYSAFC was asked for in 2008, the State Department of Motor Vehicles noted that “during non-emergency operation, the fire vehicle will be considered to be a Commercial Motor Vehicle and a CDL would be required to operate the vehicle”; and
WHEREAS, this requirement would substantially hinder the driving of heavy fire vehicles in parades, drills, building inspections, public education events and even returning from calls which led to the statement that firefighters without a CDL could drive a fire vehicle to a fire but could not drive it back home afterwards; and
WHEREAS, New York State Assemblyman Sweeney has sponsored Assembly Bill A06051 and New York State Senator Foley has sponsored Senate Bill S01624, both which allow a person to operate a fire truck without possessing a commercial driver’s license:
NOW, THEREFORE, BE IT RESOLVED, that copies’ of this resolution be sent to Governor David Paterson, Senator James Seward, Senator Brian Foley, Assemblyman Peter Lopez, Assemblyman Timothy P. Gordon, Assemblyman Robert Sweeney and to all Town Supervisors in Greene County which have volunteer fire services that are now impacted by the CDL requirement.
ROLL CALL VOTE: Aye Flaherty, Jacobs, McCrary and Quackenbush.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to adopt Resolution #12. The resolution is entitled: Climate Smart Community Pledge.
The resolution reads:
WHEREAS, the Town of Jewett believes that climate change poses a real and increasing threat to our local and global environments and that it is primarily due to the burning of fossil fuels; and
WHEREAS, we believe that climate change may endanger our economy and livelihoods, harm our farms, orchards, forest and fisheries, spread invasive species and exotic diseases, reducing drinking water supplies, and pose health threats to our citizens; and
WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and
WHEREAS, we believe that scale of greenhouse gas emissions reductions required for climate stabilization will require sustained and substantial efforts; and
WHEREAS, we believe that even were emissions dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come,
IT IS HEREBY RESOLVED that the Town of Jewett pledges to pursue the following measures in order to reduce greenhouse gas emissions and adapt to a changing climate.
ROLL CALL VOTE: Aye Flaherty, Jacobs, McCrary and Quackenbush.
Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried to accept the February financial statements. Bank statements were made available for review.
The audit committee of Councilmen McCrary and Quackenbush audited the bills prior to the meeting. Councilman Quackenbush made a motion to accept the audit. Councilman McCrary 2nd the motion and Board members voted aye.
The general fund was $15,466.27 on abstract #4, claim numbers 70 to 99. The highway fund was $15,953.16 on abstract #4, claim numbers 47 to 61.
Old business:
- The Town was selected to participate in the experiment of grass pellet stoves.
- Councilman McCrary has been in contact with a representative from Mid-Hudson Cable concerning coming into the Town with high speed internet services.
- The Assessor will place an ad in the paper for a new clerk.
- The proposal to freeze payment of taxes on state land has been taken out of the State budget.
The DEP is purchasing another 29.8 acres off of Merwin Street.
Councilman Quackenbush was asked to see if a subdivision was done through the Planning Board on this parcel. There is a 120 day comment period. This item was tabled.
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried to adopt the proposed amendment to the timber law. A public hearing is scheduled for the May 13, 2009 regular meeting.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to go into executive session at 9:10 P.M. on legal matters.
Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried to come out of executive session at 9:30 P.M. The union fact finding report has been done.
Councilman Quackenbush made a motion, 2nd by Councilman Jacobs and carried to adjourn the meeting at 9:35 P.M.
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Patricia Merwin Town Clerk
Special Meeting
MAY 6, 2009
A special meeting of the Jewett Town Board was held on Wednesday, May 6, 2009. Supervisor Michael Flaherty called the meeting to order at 3:00 P.M. Present were Board members Michael McCrary and Elaine Warfield and Superintendent of Highways Robert Mallory. Absent were Board members Steve Jacobs and JR Quackenbush and the town clerk.
Taken from the tape recorder:
Councilman McCrary, “With due notice the Board is called to reexamine bids.”
Supervisor Flaherty, “At the April meeting we were unable to move on the bids due to some extra consideration.”
Superintendent Mallory, “I’m making a recommendation on the bid that was in the envelope and stuck to the bottom of the bid read from Thorpe’s Pontiac. I’m recommending we accept the second bid from Thorpe’s Pontiac which is $26,000 and meets all the specifications.”
Supervisor Flaherty, “The April minutes show a bid from Thorpe’s Pontiac of $25,800. This bid was the lowest bid but didn’t meet the specifications.”
“Councilman McCrary made a motion to accept the bid from Thorpe’s Pontiac of $26,000, 2nd by Councilwoman Warfield and carried.”
“Councilman McCrary made a motion to adjourn at 3:06 P.M., 2nd by Supervisor Flaherty and carried.”
____________________________
Patricia Merwin, Town Clerk, RMC
TOWN OF JEWETT
PLANNING BOARD
MINUTES
APRIL 23, 2009
Agenda Item 1: The meeting was called to order at 7:05 pm.
Roll Call: Acting Chair: Joan Kutcher
Members: Gene Beers, Donna Bernard, Carol Muth, and Janet Nicholls
Agenda Item 2: Approval of Minutes for March 5, 2009.
The minutes were reviewed. Mrs. Kutcher motioned to accept the minutes; Mrs. Muth seconded the motion, which passed unanimously.
Mrs. Muth asked about the letter from Mr. Bucca concerning Ms. Scarey's request to make a non-complying, grandfathered parcel into a sub-division; a letter had been sent to him stating the Planning Board cannot make such a parcel further non-compliant with Town of Jewett law. The PB received no reply to this letter.
Agenda Item 4: Report from Greene County Planning Board Representative Gene Beers.
Because no one was present yet for the Public Hearing, Mrs. Kutcher asked Mr. Beers for his report. Mr. Beers said that the Greene County Planning Board had a light agenda. There was a variance for a swimming pool in Catskill, an old country store in Midway to re-open, and a restaurant bistro planned in Catskill nearby the McDonald's old bookstore on the water front that is a brown field site on a former Central Hudson plant site, which Central Hudson has agreed to clean up. It will be a raw bar and there is a proposal for a walkway along there also. The Planning Board members agree that Catskill is up and coming.
Agenda Item 3: Public Hearing for Application for Special Use Permit for Susan J. Kohan & Vincent D. Amoia for property located at 436 Ford Hill Road, Hunter, NY 12442, a single family residence on two acres; Tax Map No. 147.00-2-21.12; District: Rural Residential.
Mrs. Muth made the motion to open the Public Hearing; Mrs. Kutcher seconded the motion, which passed unanimously. No public were present for the hearing. Ms. Kohen delivered to Ms. Laubmeier all receipts and the letter of notice of the sign posting. No written complaints had been received by the Planning Board. As all protocol was in order, Mr. Beers motioned to close the Public Hearing; the motion was seconded by Mrs. Bernard and passed unanimously.
Mrs. Kohen had brought the map requested by the Planning Board last month detailing the parking areas. This map was reviewed by the Planning Board and found to contain two parking spaces as requested. The PB found all required criteria present.
Mrs. Muth motioned to approve the Special Use Permit, and Mrs. Kutcher seconded the motion. The motion to accept the Special Use Permit was subjected to a Roll Call Vote: Mr. Beers- aye; Mrs. Bernard - aye; Mrs. Kutcher - aye; Mrs. Muth - aye; and Mrs. Nicholls - aye. It passed unanimously.
There was a question about the approval form that Mrs. Kohen was to receive for her Special Use Permit. Ms. Laubmeier found this after she left and will mail her a copy.
Agenda Item 5: Report from Town Board liaison J.R. Quackenbush.
Mr. Quackenbush was not present tonight.
Agenda Item 12: Other Business
Mrs. Muth had taken the online training provided by the Greene County Planning Board and expressed great enthusiasm for it. The contact is Linda King who can be reached at linda.king@dos.state.ny.us or (518) 473-3355.
A member of the public, Mrs. Jean Slutzy, came in at 7:40 pm. She had come for the Public Hearing, but had not seen the time change posted on the web site or in the paper. Ms. Laubmeier made a note to change the meeting dates on all the applications and permit forms of the Planning Board.
Mrs. Bernard presented the research on wind power requested by the Planning Board last month in its decision to be proactive on this topic. She had contacted the Town of Hunter and was sent a draft of their law and a revised copy that she is not at liberty to share at present as it has not gone to a vote; they intend a Public Hearing soon. The first draft refused to consider industrial windmills in a series to sell power. Other types of windmills are residential and commercial for private use.
When Mrs. Bernard got the revised copy, the Town of Hunter had presented a draft law that addressed all the types. The differences are the size, aerial views, and the fees. The types of wind power likely to come before the Board in the Town of Hunter are the residential and commercial windmills. They highly recommend a Site Plan Review and a SEQR without exceptions. Many small towns in NYS have gotten into trouble because they have not decided these matters upfront. She has reviewed the state law and sees good reason for the Town of Hunter to be this picky.
One consideration is that the blades throw ice which could be dangerous to people, animals, and pets. Therefore the Town of Hunter is establishing a distance around these windmills of one and a half times that recommended by the manufacturers. Other considerations are noise and lighting: New designs of windmills are supposedly quiet and if lighting is necessary for airplanes, strobe lighting that is not disruptive of scenic views could be utilized. Broadcast interference also needs to be considered. Residential or commercial height is about one hundred feet; industrial is four hundred feet. Color is usually battleship gray, but this could be at the discretion of the Planning Board.
Mrs. Muth, who had occasion to visit Guantanemo Bay Military Base, stood under the four windmills there and told the Planning Board these are very quiet and provide sixty percent of the power for that entire base which has the population of a small city. The windmills are less than 150' (one hundred fifty feet) tall. Mrs. Kutcher had heard of a company in the Hudson Valley interested in evolving wind technology. Mr. Beers had heard of a place in Pennsylvania. Mrs. Kutcher had read of a windmill design in Europe that is made of some kind of plexiglass and practically invisible.
Bird migration study, eye sensors, underground cables, lowest distance of blade to ground at twenty-five feet, many signage requirements, fenced in area around the structure that locks, and landscaping details as close as possible to the way it was are other features of the Town of Hunter's proposed law. Once built, if not used continuously beyond a year, the structure will be required to be taken down. Letters of credit, insurance, and bond will be necessary. Once this is finalized, the Jewett Planning Board can take a close look at this to determine what it may choose to do.
Mrs. Bernard had further information off the Internet from Sardinia, NY written by their town attorneys regarding the troubles faced by that town for not properly implementing pre-planning on this issue. NYS has many bills pending regarding the utilization of wind power. Ms. Laubmeier made copies of the paperwork provided by Mrs. Bernard for the members of the Planning Board. Mrs. Kutcher said the next step is that the PB will need to draft some zoning law about wind power with the input of the Town Board. She offered to attend the next Town Board meeting and raise the question.
The Planning Board was further concerned about setbacks in relation to the windmill subjected to hurricane level winds and liabilities should something come loose and someone get hurt. Mrs. Bernard wondered if this technology was in compliance with the comprehensive plan. Laws should be in synchronicity with the wishes of the residents of the Town of Jewett. Mrs. Kutcher said that the ridgeline needs to be clear of windmills. Mrs. Muth added that this is a quiet technology so that noise would not be a problem.
A question arose as to the difference between industrial and commercial. Perhaps industrial is "heavy" commercial and the term "commercial" could apply to persons selling extra electricity produced by windmills they owned. Mrs. Bernard thought it would be similar to considering land use as for putting up a home. Mrs. Kutcher thought that maybe the law would need to be worded that applicants would need to apply for a variance for commercial use. Mr. Beers wanted to be careful to avoid contradictions in the law because he has experienced some incidents that appear to defy common sense. He also sees points within the sub-division law that could apply to the setting up of windmills.
Mrs. Nicholls reminded the Planning Board that there is not industry in the Town of Jewett, so that there should be no need for commercialization. Mrs. Bernard suggested that the town could be zoned for areas where there are no windmills. All PB members agree this idea requires careful research. If the town were to set up a windmill for instance, perhaps it could empower the town in going green. The PB is also empowered by law to establish the aesthetic for the town. Mrs. Kutcher said that it was first in her occupation at the Arboretum that the commercial use of windmills occurred to her; some gentlemen had approached her about using the Arboretum's wind data in calculating for windmill technology. Mrs. Slutzy commented that Hunter Mountain is researching windmill technology. This has many applications.
Mrs. Kutcher asked whether there was any further business to conclude? Ms. Laubmeier said that DEP had a new person, Cargill Murphy, who is interested in receiving copies of Negative Declarations for the SEQR once completed by the Planning Board. Mrs. Kutcher asked whether anyone else wanted the Chair position. No one did. Mrs. Nicholls has four boxes of stuff from Mrs. Bostrom that Ms. Laubmeier offered to go through with her. She was also concerned whether new people have received all copies of the laws. Ms. Laubmeier said she had been providing those, but had not yet made all copies for Mrs. Bernard. Mrs. Bernard gave her a list of what she does not have yet.
The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Bernard, and carried. The meeting adjourned at 8:40 pm.
Respectfully,
Susan Laubmeier, Clerk
_____________________________
Joan Kutcher, Acting Chair
Zoning Board of Appeals
April 1, 2009
Roll Call : Chair: Russ Coloton
Members: Margaret Flaherty, Ann Dwyer
Absent: Charles Kutcher, Kathleen Williams
The meeting opened at 7:07 pm.
Agenda Item 2: Approval of Minutes of November 5, 2008.
Mrs. Dwyer made the motion to approve the minutes. Mrs. Flaherty seconded the motion. The vote was unanimous and the motion carried.
Agenda Item 3: Application for Area Variance for Michael Poremba of 9928 Route 23A, Jewett, NY; Tax Map # 146.00-1-9; District: Rural Conservation.
Mr. Poremba is applying for a variance on a pre-existing undersized lot. He also submitted an Application for Certificate of Non Conforming Use and the ZEO reported it was difficult to determine the lot lines based on the sketch submitted. Members review the application and determined the lot is approximately 8,125 square feet. Members reviewed Article VII, Section D of the Zoning Law and determined that Mr. Poremba should file an Application for Yard Requirement Determination, which he filed at the meeting. Members also requested a more accurate sketch plan with all measurements noted on it. Mr. Poremba agreed to provide it at or before the May 6th meeting.
Agenda Item 4: Other business
There being no other business, Mrs. Flaherty made the motion to close the meeting. Mr. Coloton seconded the motion. The vote was unanimous. The meeting ended at 8:04 pm.
Respectfully submitted,
Ann Dwyer
Secretary
__________________________________
Accepted
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