Town Board   
                                                                 
JULY 8, 2009                                                        

     A regular meeting of the Jewett Town Board was held on Wednesday, July 8, 2009.  Supervisor Michael Flaherty called the meeting to order at 7 P.M.  Present were Board members Steve Jacobs, Michael McCrary, JR Quackenbush and Elaine Warfield. 
     Present were Superintendent of Highways Robert Mallory, Building Inspector Thomas Cross, town residents Fred Fiandaca, Vahan Khanzadian, David Kessler, highway employee Shawn Jaeger, newspaper reporter Mike Ryan and the town clerk and arriving at 7:30 was Attorney for the Town Tal G. Rappleyea.

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried accepting the minutes of the June 10, 2009 regular meeting. 
     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried accepting the minutes of the June 26, 2009 special meeting.

     The Supervisor’s monthly financial report was given to the Board prior to the meeting. 

     The Building Inspector reported “that so far this year two building permits have been issued for new construction and regular building permits for garages, etc are picking up”.  The monthly written report was presented to the Board.

     The monthly written report was received from the Zoning Officer. 

      Two bids on the highway garage roof were held over until tonight’s meeting; one from Skip Dippold for $11,700 and one from KCH Construction for $12,560. When Mr. Dippold was contacted by phone he indicated the barrier protection was included in his bid.    
     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to accept the bid from Skip Dippold to replace the highway garage roof.

     Under courtesy of the Floor:
     Fred Fiandace: “I’m still convinced that the decision you made rejecting the fact finders recommendations isn’t in the Town’s economic best interest.  Based on economic factors I’d like the council to reconsider and accept the fact finders report.”

     Robert Mallory: “At the last monthly meeting I alleged that Town Supervisor Mike Flaherty had completed a project at his home and somehow forget to apply for a building permit.   I asked if the town building inspector could investigate the premises.  I believe this inspection was done and that the findings were the project did indeed need a building permit.  Supervisor Flaherty knew a permit was needed and for whatever reason failed to obtain one.  Does the Town Board have an ethics committee and if so will there be any discussion on this matter?” 
     Board members Quackenbush and Warfield and the building inspector did inspect the project and did determine that a permit was needed. 
     Councilman Quackenbush: “As far as we could find there’s nothing for anyone including me or you  that if you did not file for a permit there’s really no penalty.”
     Councilman McCrary: “I think that we should consider these things.  Where after the fact it is discovered or determined that a building permit should have been applied for and is applied for after the fact that a penalty be applied.  I think it’s something we should consider.”
     Councilman Jacobs: “We do have an Ethics Committee.  This should either be looked into from an ethical standpoint or remove it from the books.”
     Councilman McCrary: “To begin with we should be much more clear for residents as to when a permit is required or not.  When in doubt call the building inspector.”
     The ethics committee is Councilman McCrary along with either Board member Quackenbush or Warfield.
     Councilwoman Warfield suggested something go in the next newsletter that outlines permits.

     Courtesy of the Floor was closed.

     Highway Superintendent Mallory informed the Board the Town has received a FEMA check of $22,264.50 for the December 2008 storm.  Supervisor Flaherty said the money is going in the machinery fund.
     The new highway truck has come in and is now being outfitted and should be delivered in the fall.

     The Board was informed that under the Legislative Enactment of the Terms and Conditions of employment for highway employees the 4% pay increase will begin the first pay period in July and will show up in paychecks received on July 9, 2009 and the insurance contributions will begin September 1, 2009.

     The audit committee of Councilman Jacobs and Councilwoman Warfield audited the bills prior to the meeting.  Councilman Jacobs made a motion to accept the audit.  Seconded by Councilwoman Warfield and carried.

     The general fund was $17,826.00 on abstract #7, claim numbers 169 to 193.  The highway fund was $20,824.04 on abstract #7, claim numbers 94 to 110.

     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried accepting the Supervisor’s May financial report. 

     A sample small turbine law from the Town of Coxsackie was given out for review.  The Town of Hunter’s proposed law  is also available to look at.

     The Board discussed the addition of two addendum to the ambulance contract; 1)what the Board identified as a resident and 2) stating that Jewett residents are not billed for a call if that call is made within Town boundaries.
     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried giving the Supervisor the authority to sign the ambulance agreement with the Town of Windham.  This is a two year contract and runs from January 1, 2008 to December 31,2009. 

     Councilman Jacobs made a motion, 2nd by Councilman Quackenbush and carried recommending the purchase of a new scanner at a cost of $115.99.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried approving Resolution #16.  This is a resolution “Authorizing Application for Funds from the 2009 Justice Court Assistance Program” and reads:
     “Resolved, the Town Board of the Town of Jewett, Greene County, New York hereby authorized the Town Justice Stephen Canfield to file an application for office supplies/funding from the New York State Office of Court Administration 2009 Justice Court Assistance Program.”
ROLL CALL VOTE: Aye-Flaherty, Jacobs, McCrary, Quackenbush and Warfield. 

     NYCDEP has submitted papers on two new land acquisition projects.  The first is off Goshen Street for approximately 49.2 acres.  The second is a conservation easement of approximately 1,303.8 acres off of County Rt. 23C, Kip, Maude Adams and Cranberry Roads.
     There is a 120 day comment period.  This item was tabled.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to go into executive session at 7:58 P.M. on legal matters.
     Councilman McCrary made a motion, 2nd by Supervisor Flaherty and carried to come out of executive session at 9:11 P.M. 

     Councilman McCrary made a motion, 2nd by Councilman Quackenbush to adjourn at 9:12 P.M.

            
                                                                                                ___________________________________
    

                                                                                                      Patricia Merwin, Town Clerk/RMC

Planning Board Minutes

TOWN OF JEWETT
PLANNING BOARD
MINUTES
JULY 2, 2009

Agenda Item 1: The meeting was called to order at 7:00 pm.

Roll Call:       Acting Chair: Joan Kutcher
Members: Gene Beers, Donna Bernard, Carol Muth; Janet Nicholls - absent

Agenda Item 2: Approval of Minutes for June 4, 2009.

The Planning Board decided it had a quorum since the passing of the Town Board Local Law No.3 of 2009 on June 10, 2009 to reduce the number of PB members from seven to five.

The minutes were reviewed; no corrections were needed. Mrs. Muth motioned to accept the minutes; Ms. Bernard seconded the motion, which carried among all present.

Agenda Item 3: Mr. Bill Higgins for Ellie J. Pratt & Jenny L. Jeffrey. Application for Sketch Plan Approval for property located at Round Hill Road, Tax Map No. 113.00-03-9.2.; Zoning Districts Rural Conservation and Rural Residential.

Ms. Laubmeier asked Mr. Higgins to obtain a letter of representation from Mrs. Pratt and Ms. Jeffrey. He agreed to get one.
          Mrs. Kutcher asked for the new maps the Planning Board had requested showing the contour lines of the property. These were passed around and approved. Mrs. Muth wondered who had been at the property logging, and Mr. Higgins answered that the owners are.
          Mr. Beers made a motion to approve the Sketch Plan, and Mrs. Muth seconded the motion. It was approved by all present.

Agenda Item 4: Mr. Bill Higgins for Ellie J. Pratt & Jenny L. Jeffrey. Public Hearing for Minor Subdivision for property located at Round Hill Road, Tax Map No. 113.00-03-9.2.; Zoning Districts Rural Conservation and Rural Residential.

The Public Hearing was opened at 7:25pm. Ms. Topper Newman was present from the public. She reviewed the map and wondered which twenty-seven (27) acres are going to New York City DEP; Mr. Higgins pointed this out. Ms. Newman had no complaints. The property is already under contract. Mrs. Muth asked whether there is a maximum limit on what DEP can buy. Mr. Beers said they have a lot of money to spend. Mrs. Muth made the motion to close the Public Hearing and Mr. Beers seconded the motion. It was approved by all present.

Agenda Item 5: Mr. Bill Higgins for Ellie J. Pratt & Jenny L. Jeffrey. Application for Minor Subdivision for property located at Round Hill Road, Tax Map No. 113.00-03-9.2.; Zoning Districts Rural Conservation and Rural Residential.

The Planning Board agreed that everything seemed to be in order. Mrs. Kutcher called for a Roll Call vote to approve the Application for Minor Subdivision.

Mrs. Bernard – aye; Mr. Beers – aye; Mrs. Kutcher – aye; Mrs. Muth – aye; and Mrs. Nicholls – not present. The resolution passed by all present.

Copies of the maps were stamped and signed. Mr. Higgins was reminded that the Planning Board needs the letter of representation for its file. He agreed to mail a copy.

Agenda Item 6:  Victor and Carole Tortoreci and Marianne Romito Application for Boundary Line Adjustment for property at 273 Colgate Lake Road, East Jewett, NY. Tax Map Nos. 150.00-1-7.111 and 150.00-1-7.2 respectively; Zoning District: Rural Residential.

Ms. Laubmeier had discussed this case with Mr. Tortoreci prior to the deadline for the agenda, and he had asked to be seen before the Planning Board. Mr. Quackenbush, a neighbor, had offered to bring the paperwork before the PB in case the parties were unable to attend. Among the paperwork was a check for the required fee, a survey map and old deeds. Mr. and Mrs. Tortoreci were able to appear, but Mrs. Romito had to attend a previously scheduled meeting. Ms. Laubmeier photocopied the application for the PB members. These were passed around and Mr. Tortoreci pointed out his property. The dotted lines on his map represent the current property line. The new property line is represented by a solid line. He has a horse and barn, and he had acquired the property from Mrs. Romito to add twenty-five feet (25') of road frontage to gain road access to his mare's living quarters for hay delivery. This is not used as a driveway; an existing driveway serves as access to his house.
          Mrs. Muth wondered whether this case is really a boundary line adjustment or a minor subdivision. The amount of land being transferred to Mr. Tortoreci is really too minimal for a minor subdivision. The Planning Board members dug out the revised Boundary Lot Line Adjustment to better ascertain the letter of the law. The most recent amendment to this law is Local Law Two (2) of the year 2000. The purpose of the law is "to allow minor adjustments to existing boundary lines of adjacent properties. This procedure is in addition to the existing subdivision regulations and does not replace nor supercede same." The definition of the law: "A Boundary Line Adjustment is a change in the boundary of two adjoining lots, which may be utilized to correct error(s) in deed(s) or to fulfill a shared desire of the property owners involved wherein no more than one (1) acre is to be conveyed or at the discretion of the Planning Board." The PB decided that since it has the power of discretion by law, that this can be defined as a Boundary Lot Line Adjustment case.
          Mrs. Kutcher noted that the survey maps lacked information and that they were also several years old. This process had been delayed by justifiable cause, Mr. Tortoreci said, because Mrs. Romito had been coping with the illness and passing of her husband. Information lacking on the maps are the location of the mare's barn and contours of note. There is no septic system listed, but this is an old house without a record of its location. There is a well and utilities already listed on the map. There are no woodlands or streams. Mrs. Kutcher advised Mr. Tortoreci to update his maps with the missing information.
         
Agenda Item 7: Report from Greene County Planning Board Representative Gene Beers.

Mr. Beers reported that a new pizza place is planned in Windham that will be on the site of the old Five Stars grocery located next to Tordero's. It is planned to be a convenience store and deli, and the Planning Board speculated how well it will do next to an established business like Tordero's. Another case to appear before the Greene County Planning Board is a water bottling plant in the very small town of Halcott. This plant is located way back in the woods and it was too expensive to run electricity out that far, so they have been using their own generators to run the plant. They received a noise complaint and a grant for Central Hudson to run the power lines, for which they need a permit.

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

          Mr. Quackenbush reported that the Planning Board is now officially a five-member Board. The Town Board has been negotiating with the Highway Department on health insurance issues without resolution, and there have been malicious statements in the press. He and other Town Board members strive for fairness, and he wishes the public would consider all sides of the issue instead of believing the rumors to be factual.

Agenda Item 9: Other Business: Pending Cases

Mrs. Kutcher had spoken to Mr. Rappleyea and obtained the wording to handle the pending case questions held by the Planning Board. Mr. Rappleyea said the law uses the word "abandonment" for cases left too long unresolved. He suggested that just above the signature line on PB application should read: "I hereby acknowledge that this application shall be deemed abandoned and automatically denied in the event that I do not appear before the Planning Board or obtain authorization from the Board to not appear for a period of time greater than eight (8) months." The PB thought this was too long a period of time and shortened it to six (6) months.
He suggested the notification letter shall read as follows: "Please be advised that the Planning Board has formally reaffirmed its prior informal policy that applicant's failure to appear before this Board for a period of time in excess of six (6) months and shall begin adhering to that policy hence forth. Since your application has been idle with no appearances or actions for longer than ___ months, please be advised that your failure to appear before the Board within 60 days of the date of this letter, your application shall be deemed abandoned and automatically denied."
The Planning Board discussed the cases upon the pending list. Mrs. Kutcher had asked Ms. Laubmeier to list the last date each had appeared before the PB, but Ms. Laubmeier said that did not reflect the last time she had heard from some of these people. There has been no word from Mr. Peters, but Mr. Elsom had been in communication with her as recently as March about the Brittny Estates project. He had not made forward progress and continued to be unprepared to appear. The case of Mr. D'Acunto remains under discussion between his lawyer, Mr. Cohen, and Town of Jewett lawyer, Mr. Rappleyea. The PB feels that in light of its unresolved questions regarding his case, Mr. D'Acunto need not appear before the Board until the lawyers have handled the details. The PB is lacking a DEP inspection letter promised by Mr. D'Acunto and new information has come to light that may be pertinent to his case.

The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Bernard, and carried by all present. The meeting adjourned at 9:05 pm.

         
Respectfully,

Susan Laubmeier, Clerk

_____________________________
Joan Kutcher, Acting Chair