Minutes and Agenda

November 17, 2020: Minutes of October 14, 2020

Body:

     The general meeting of the Jewett Town Board was held on Wednesday October 14, 2020. Supervisor Pellitteri called the meeting to order at 7:07 P.M.  The meeting was held in the Senior Center of The Jewett Town Hall and thru Zoom Meetings due to the State of Emergency declared by NYS regarding the corona virus pandemic. Present were Board Members:

J.R. Quackenbush, Brian Carl, Carol Muth and Marianne Romito.  

Public present was Gregory Kroyer, Planning Board Chair, Tal Rappleyea, Esquire,

Michael Ryan, Mountain Eagle Reporter, Buck and Christine Spero, Carl Giangrande CEO,

Shane McAndrew, Tony Melluzzo, Montesano, K. Zarella, A&K, Rebecca Yarger, Anita Martino, Elide Bell, Simon Williams, Nathan Miles, Tony B, Walter Dodson, 12286, Leonard Seastone, Brandons I phone, Robert Fuller, Erik Lewis, Steve & Li, Sheila Trautman, Joan Kutcher, Corine C, I phone, Sharon Meluzzo, Elissa I phone2, Ben Cohen, A. Prince, 917-286-8586, 312-420-6911, 646-208-6203, 646-295-3190, 201-290-1180, Christopher Hopstock, Joan Pontillo, Travis Lindhorst, Charles Mulholand, Jennifer Keene-Moore, 646-295-3150, Steves I pad, 914-263-3195, Jacob Johnson and Steven Levi.

Also present was Robert Mallory, Highway Superintendent and the Town Clerk.

 

     The Supervisor’s financial report was given to the Board prior to the meeting and the bank statements were reviewed by Board Members after the signing of the bills.

 

     On a motion by Councilwoman Muth, 2nd by Councilwoman Romito and carried

The Board moved to accept the minutes of September 9, 2020. 

 

     Highway Superintendents Report: Superintendent Mallory announced to the board that Beecher Rd. will finally be brought up to specs and will be ready to be turned over to the town next month.  In the Superintendents travels thru town, he noticed that one of our residents put up a gate on a town road.  Superintendent Mallory approached the owner and told him he must take it down.  He gave him 2 days to do it.

Our 2006 GMC 1 ton 3500 is ready to be auctioned off.  Superintendent Mallory asked the board to declare the old truck surplus so that the auction proceedings could begin.

    

     On a motion by Councilman Quackenbush, 2nd by Councilwoman Romito and carried, the board moved to declare the 2006 GMC 1 ton 3500 surplus equipment.

 

     The board discussed the code enforcement officer’s report. The CEO said he sent a letter out to the house on 23C next to the Sperro residence, regarding their wedding event that they were not permitted to have.  Councilman Quackenbush asked why their license was not suspended.

The CEO answered that the letter was a forewarning and that the next verifiable infraction may warrant pulling their certificate.  He said he needs all complaints in writing.

The CEO also reported that he ordered a cease and assist on wedding events for the house on Round Hill Road and has been working with the owner to get him into compliance. 

Mr. Giangrande also gave an update regarding the trailer on 296 and said he has had several conversations to address the various issues, which renders various results. He sent the owner a letter but the owner has not responded. He will send a second letter out warning of fines.

 

     Christine Spero was given the floor to mention the incidents pertaining to the STR next door to them.  Mrs. Spero said, “I have gone out to all the residents of the town of Jewett and asked them to sign a petition banning STR’s. I have over 200 signatures to date.  I am presenting this to the town so that the board can see how many people are disturbed by STR’s and don’t want them.”

They asked the board what will be done. Carl Giangrande, CEO said he needs more verifiable infractions.  The Sperro’s said they don’t understand, they have been doing everything the town has been asking them, for example keeping a paper trail of incidents and calling the police as needed, they asked Carl, CEO, isn’t that good enough and Carl said no, he needs more concrete evidence.  Councilman Quackenbush will put together in writing the course of events that took place when he had gone to the property next door to them during the illegal wedding.

 

 

    

     Courtesy of the floor was given to the public to speak about short term rentals:

 

The town clerk read aloud a letter written by STR owner Barbara Eyland in favor of STR’s.

 

Nathan Miles took the floor and said, “I am a 7th generation resident of Jewett.  Christine Sperro came to my house and asked me to sign a petition against STR’s. I am a caretaker of STR’s and I would like to encourage peace between the two parties. STR’s are not new, just a new way.  If STR’s are banned, that would be unconstitutional.  Mrs. Sperro’s petition wants to ban STR’s and some people who signed it, did not realize that. I am asking the town not to punish STR owners that follow the rules and are responsible.”

 

Leonard Seastone said, “I don’t care about past rentals, we have a problem now.  New people are infringing on our area. The board passes laws and ordinances that are not enforceable. 

No one is afraid of zoning.  I would like the board to press the police. Look at what Lexington is doing.”

 

A&K said, “Well if you don’t like all the people coming here, then don’t live in a resort community.”

 

Jason Pontillo said, “I used to be a part time resident, I am now full time.  When Mrs. Sperro came to my house regarding the petition, I signed it but felt violated. She right away demanded to know if I was a home owner etc. We have a right to STR’s but I felt I had no choice but to sign her petition and I signed the lesser of the two instead of banning it all together. Please lets try to work together.”

 

Chris Hopstock said, “I own a home on Ford Hill Rd. that I rent out occasionally as an STR. 

I make sure they know all the rules regarding noise, littering etc. For the last two and a half years our renters have been very good. Why punish the good owners? Also, STR’s are very good for the town as they increase property values.”

 

John Zarilla said, “In Lexington, they are adding water testing to their STR law.  I have a Culligan system and our water is very good. Is this something Jewett will be looking to add onto their STR law?”

Councilman Quackenbush said, “We have not discussed water testing but, it’s not very expensive to get done. I think Lexington is requiring owners of STR’s to get a sample test of their water either every 6 months or quarterly, it can be done in Hunter and its only $35 a test.”

 

Water Dodson said, “I would like to address the previous comment that was made saying that if we don’t like all the extra people coming up here then we shouldn’t live in a resort town. This offends me. I have lived here for over 15 years, this is my home. That comment paints the attitude of the 2nd home owner. Yes, this is resort town but 1st this is our home. Comments like those are what got us to the degree of this level.  This is our home; please respect us like you respect your home”.

 

Elide Bell said, “I live here full time and I don’t disagree with STR’s.  There is a way to come together. There should be a consensus with the general information that you must hang.”

Supervisor Pellitteri said, “Yes, we do this, we require all STR owners to hang town law information in their homes for their renters to see our laws.”

Elide Bell said, “How does the town know who rents?”

Supervisor Pellitteri said, “We have been working on this for a year, trying to work out all the details. We looked at STR law models from all over the country before we made a decision as how to appropriately regulate STR’s within Jewett. We hired a company that tracks STR rentals.  We know who is renting. We began by making the law that STR’s need to register.  We are now working on the fine schedule for those who do not register and for those whose renters don’t follow town laws. It has not been any easy process but whether you are in favor or not in favor, if we didn’t acknowledge STR’s they would go underground. This way they are regulated and we are at ground zero.”

 

Jake Johnson said, “I am a future resident of Jewett, a realtor and litigator in NYC.  If the town removes an owner’s certificate there will be a legal battle.  Property values will drop if you don’t allow STR’s.  I feel that STR’s in Jewett is not a problem. It’s your local law enforcement that is the problem.”

 

Rebecca Yarger said, “I just wanted to state that I have been running STR’s since 2016 and I have had fantastic guests.  I agree with Chris and Nathan that the owners would like to cooperate with the town and be good neighbors.”

Councilman Quackenbush said, “I agree with Rebecca and Chris.  We have a lot of great owners out there but we have to deal with the bad eggs. We don’t really know the both of you and that’s a good thing”.

Councilwoman Romito said, “We need all the good and the bad to figure out a solution”. 

 

     Councilwoman Muth made a motion, 2nd by Supervisor Pellitteri and carried the board moved to table discussions regarding the proposed parking law to the November general meeting.

 

     On a motion by Councilman Quackenbush, 2nd by Councilwoman Romito and carried The Board adopted Resolution #15 of 2020. SUBJECT: Adoption and Retention Schedule for New York Local Governments

     “RESOLVED, by the Town Board of the Town of Jewett that RETENTION AND DISPOSITION SCHEDULE FOR NEW YORK GOVERNEMENT RECORDS (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.

FURTHER RESOLVED, that in accordance with Article 57-A:

Only those records will be disposed of that are described in RETENTION and DISPOSITION SCHEDULE FOR NY LOCAL GOVERNMENT RECORDS (LGS-1), after they have met the minimum retention periods described therein;

Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.”

ROLL CALL VOTE:  AYE Pellitteri, Muth, Quackenbush, Carl and Romito.

 

     Discussions were had regarding the tentative budget.

Councilwoman Muth made a motion, 2nd by Councilman Quackenbush and carried, the board moved to accept the tentative budget as the preliminary budget, with changes made to the code enforcement officer and workman’s compensation line items.

The town board then scheduled two public hearings for Wednesday October 28, 2020 at 6pm.

The first public hearing will be for the budget and the second public hearing for the Tax Cap Law.

 

      Councilwoman Muth made a motion, 2nd by Councilman Quackenbush and carried, the board moved to donate $500 to The Hunter Public Library.

 

     Councilman Quackenbush made a motion, 2nd by Councilwoman Romito and carried to approve the bills.  General Fund was $10,835.06 on abstract #10, claim numbers 188-208. 

The Highway Fund was $8,364.53 on abstract #10, claim numbers 138-150.
    
     Councilwoman Romito made a motion, 2nd by Councilwoman Muth and carried to accept the Supervisors financial report for September 2020.

 

     Councilwoman Muth made a motion, 2nd by Councilman Carl and carried to go into executive session at 8:58pm to discuss personnel matters.  “The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation”.

 

    Councilman Quackenbush made a motion, 2nd by Councilman Carl and carried to come out of executive session at 9:18pm.  No action was taken.

 

     Councilwoman Romito made a motion, 2nd by Councilman Carl and carried the board moved to adjourn the meeting at 9:51pm.

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                                                                                                 Maya Carl, Town Clerk