TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY 1/13/2014 7:00 PM

SALLY P. CARLSON, SUPERVISOR PRESENT
RALPH WHITNEY, COUNCILMAN PRESENT
FRANK STOW, COUNCILMAN PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT

OTHERS PRESENT: Dave Stapleton, Attorney; Howard Peacock & Everett Bensink, Justice; Dan Strickland, Highway Superintendent; Brad Lawson, Zoning CEO; Pierre Chagnon, Legislator; Louis Rieg, Planning Board; Clayton & Helen Emick; Lynn Smith; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk

· PLEDGE

· MINUTES 12/9/13 and 12/27/13 YEAR END

MOTION # 1 OF 2014

MR. STOW MOTIONED TO APPROVE THE MINUTES OF THE 12/9/2013 BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. MCNEILL SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

MOTION # 2 OF 2014

MR. WHITNEY MOTIONED TO APPROVE THE MINUTES OF THE 12/27/2013 YEAR END BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

ANNOUNCEMENTS:

• NEWLY ELECTED OFFICIALS TOWN OF NORTH HARMONY 2014
  Sally P. Carlson, Supervisor (1/1/2014 – 12/31/2015)
  Nancy M. Thomas, Town Clerk (1/1/2014 – 12/31/2015)
  Dan Strickland, Highway Superintendent (1/1/2014 – 12/31/2015)
  Richard Sena, Councilman (1/1/2014 – 12/31/2017)
  Frank Stow, Councilman (1/1/2014 – 12/31/2017)

PUBLIC COMMENT:

• LYNN SMITH
  Mrs. Smith thanked the Highway Department for the fine job on the town roads. She asked where
  she could take her Christmas tree for disposal. There was discussion and Mr. Stow said he would pick up
  the tree and dispose of it on his property.
• HELEN EMICK
  Mrs. Emick asked if there could be a concerted effort to get all the minutes on the website so that people would know what is going on. Mrs. Thomas said she does her best, but there have been issues with the website and with tax collection she has been very busy. She said the minutes are available in the office as soon as they are completed and she would be happy to provide anyone interested with a copy. Mr. Stow said it is tax time and a lot of employee time goes into that effort. Mrs. Carlson agreed that the office is very busy at this time of year. Mrs. Emick said that just doesn’t float. She said it has been that way for a long time. She said it is not just her that is asking, but she is the one who does the asking publicly. She said it is part of the job and should just get done. Mrs. Thomas said she would be happy to e-mail the minutes when they are done and Mrs. Emick can distribute them. She said we have a company that does the link for the minutes on the website and she posts on Friday afternoons. Mrs. Emick said if this person is being paid then they should be up.

REMINDER – Oaths of Office

CORRESPONDENCE:

1. TIME WARNER
2. GLEN WAHL – Cattaraugus/Chautauqua for Clean Water (HVHF) High Volume Hydraulic Fracturing
3. NOVEMBER PROPERTY TRANSFERS/SALES – All below assessed value except one
4. NYMIR – Insurance Additions totaling $135.40
5.  HEATHER THOMAS – e-mail
   Mrs. Carlson said the e-mail requested that the town pass legislation requiring that animals be kept inside during extreme weather conditions.
6. NYS ASSOCIATION OF TOWNS
   Mrs. Thomas said she had received the information packet from the NYS AOT regarding their annual meeting which will be held February 16-19, 2014 in New York City. She said the communication also provides a listing of all the resolutions that will be voted on at the meeting.
7. CHAUTAUQUA COUNTY LANDFILL TIPPING FEE SCHEDULE – ELLERY CENTER RATE WILL BE $28 per ton (no change from last year)
8. CHAUTAUQUA COUNTY DIRECTOR OF FINANCE – Notice and listing of all monies sent to the town in 2013 Mrs. Thomas said a copy was distributed to each board member.

OLD BUSINESS:

• TRANSFER STATION
  Mrs. Carlson said we have had a new company operating the transfer station and things seem to be going well. She asked if anyone had any problems that we needed to be aware of. She said they are still talking about moving the truck back to get more cars off the road and we will need to figure out some way to mark that so that people stay in line. Mr. Stow said we need to start a lane parallel with the road that comes up and around the truck using cones, etc. He said that would provide a lot more room to line up vehicles. Mr. Sena said there are still some issues with recycling but the signage makes it much better. Mr. Whitney said it was good that the owners had been there to supervise as they had indicated they would.
• NORTH HARMONY CEMETERY / KEEFE LAND TRANSFER
  Mrs. Carlson said Mr. Stapleton was still working on the Keefe transfer of land to the North Harmony Cemetery and hopefully that would be progressing soon.

NEW BUSINESS:

• REORGANIZATION SCHEDULE – SALARIES AND APPOINTMENTS 2014 Mrs. Carlson said the list of salaries had all been approved in the budget.
• MOTION # 3 OF 2014
  MR. WHITNEY MOTIONED TO APPROVE THE SALARIES AS ADOPTED IN THE 2014 BUDGET AND TO ADOPT THE 2014 REORGANIZATION SCHEDULE. MR. MCNEILL SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

COMMITTEES:

The following changes/additions to the Committee portion of the Reorganization Schedule were suggested:

• Deletion of Police Commission – Since the town contracts with the Sheriff’s Dept. for court officers, it was felt that this committee was no longer necessary
• Addition to Veterans Committee – Ron Saxton; Nancy Thomas; Sally Carlson

APPOINTMENTS TO BOARDS:

• CRAIG GLEASON – BOARD OF ASSESSMENT REVIEW (10/1/13 – 9/30/18)
• HELEN EMICK – ZONING BOARD OF APPEALS (1/1/14 – 12/31/20)
• RICHARD JOHNSON – PLANNING BOARD (1/1/14 – 12/31/2020)

MOTION # 4 OF 2014

MR. SENA MOTIONED TO APPROVE THE COMMITTEES AS PRESENTED IN THE 2014 REORGANIZATION SCHEDULE AND TO MAKE THE FOLLOWING APPOINTMENTS TO THE BOARDS AS INDICATED:

• CRAIG GLEASON: BOARD OF ASSESSMENT REVIEW (EFFECTIVE 10/1/13-9/30/18)
• HELEN EMICK: ZONING BOARD OF APPEALS (EFF. 1/1/14-12/31/20)
• RICHARD JOHNSON: PLANNING BOARD (EFF. 1/1/14-12/31/20)

MR. STOW SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

AUDIT OF JUSTICE COURT BOOKS

MOTION # 5 OF 2014

MR. MCNEILL MOTIONED TO CONDUCT AN AUDIT OF THE JUSTICE COURT BOOKS. MR. SENA SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

REVIEW AND REAFFIRM: PROCUREMENT POLICY / EMPLOYEE HANDBOOK (includes Violence in the Workplace Policy/ Code of Ethics)

MOTION # 6 OF 2014

MR. STOW MOTIONED TO REAFFIRM THE TOWN OF NORTH HARMONY PROCUREMENT POLICY AND EMPLOYEE HANDBOOK (Including the Violence in the Workplace Policy and the Code of Ethics). MR. WHITNEY SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

AUTHORIZE HIGHWAY SUPERINTENDENT TO:

• Post Roads
• Bid for Materials – County and State
• Attend Highway School

· MOTION # 7 OF 2014

MR. STOW MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO:

Post Roads
Bid for Materials – County and State
Attend Highway School

MR. MCNEILL SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

AUTHORIZE SUPERVISOR AND TOWN BOARD TO:

• Sign agreement to spend highway funds
• Renew the Shared Services Contract with Chautauqua County
• Sign Contract with Busti for Assessor Services

MOTION # 8 OF 2014

MR. WHITNEY MOTIONED FOR AUTHORIZATION OF THE TOWN BOARD TO SIGN THE AGREEMENT TO SPEND HIGHWAY FUNDS. MR. MCNEILL SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

MOTION # 9 OF 2014

MR. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE SHARED SERVICES AGREEMENT WITH CHAUTAUQUA COUNTY. MR. STOW SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

MOTION # 10 OF 2014

MR. MCNEILL MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE CONTRACT WITH THE TOWN OF BUSTI FOR ASSESSOR SERVICES. MR. STOW SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

AUTHORIZE ALL OTHER OFFICIALS TO:

• Attend Meetings and School as budgeted

MOTION # 11 OF 2014

MR. STOW MOTIONED TO AUTHORIZE ALL OFFICIALS TO ATTEND MEETINGS AND SCHOOLS AS BUDGETED. MR. SENA SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

FRAKING – MORATORIUM CONSIDERATION

Mrs. Carlson said we are receiving more and more information on hydraulic fraking. She said the Town of Chautauqua is working on a one year moratorium. She asked Mr. Stapleton what authority if any the town would have to create a moratorium.

Mr. Stapleton said a decision by third appellate division indicated that the Town of Dryden had the authority to prohibit fraking altogether in the town. He said there are other cases currently going on and atthis point he feels the town has the authority to issue a moratorium if it wishes, but a document should bedrafted for that.

Mr. Whitney asked if this would be a blanket style moratorium.

Mr. Stapleton said the Norse Pipeline case indicated that it could be prohibited based on zoning within the entire town. He said the mining law of NYS in the way it was passed by the legislature years ago, does not take any kind of preeminent stand over the zoning that the legislature has given to the towns, so yes, it would be on a town wide basis.

Mr. Lawson asked how you can enforce that because they don’t require any permits for them other than perhaps some requirements for town roads.

Mrs. Carlson said a moratorium would give us an opportunity to review what we would like it to say.

Mr. Sena said he does not like the idea of a moratorium on something we have no factual data on.

He said this particular group has their own personal agenda. He said he has been to multiple seminars and suggested that everyone should watch the DVD Frac-Nation before they make a determination on how bad fraking is. He said even the EPA and the Obama administration feel there is no proof of well contamination using this process. He said he would not support the moratorium without science and facts. He said there has never been a proven case of water well contamination due to fraking in this country.

Mrs. Carlson said there are reports from the DEC that the town should evaluate so that we can come up with policy that would make sense for us and perhaps limit fraking to where we would allow wind farms, etc. It would be in a defined area.

Mr. Stow said we need to be sure because if the aquifer is polluted it would start a chain of events that could kill the lake and effect drinking water. He expressed concern about the use of unknown proprietary chemicals in the process.

Mr. Strickland said the DEC had spoken at a Highway Superintendents Association meeting and had said that the only negatives in the process are damage to the roads and the amount of water it takes (in relation to weight on roads). He said towns have total control over that in how they write their zoning for roads. He said it can benefit town roads immensely in the rebuilding of roads to town specs to handle the weight.

Mrs. Thomas asked if the DEC had expressed any concern about the retaining ponds that hold the fraking wastewater.

There was further general discussion.

INSURANCE FOR ROD ASEL

Mrs. Carlson said this item had already been taken care of.

TAX BILLS 2014

Mrs. Thomas said the tax bills have gone out and payments started today.

• Warrant Amount is $3,634,816.30
• Rate is $12.80/per $1,000 (rate in 2013 was $13.15)

HIGHWAY CAPITAL FUND – USE $50,000.00 FOR PURCHASE OF FRONT END LOADER

Mrs. Carlson said this fund can only be used for purchase of Highway equipment. Mrs. Carlson said these funds had been included in the budget for that purpose.

MOTION # 12 OF 2014

MR. WHITNEY MOTIONED TO EXPEND $50,000.00 OF THE HIGHWAY CAPITAL FUND FOR THE PURCHASE OF A FRONT END LOADER. MR. STOW SECONDED. AYE (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

REPORTS:

PIERRE CHAGNON, LEGISLATOR

Mr. Chagnon reported that the following occurred in the Legislature: Legislature meeting on Wednesday, December 18, 2013

• Re-appointment to the Chautauqua County Traffic Safety Board. Lisa Schmidtfrerick-Miller, 2373 Erickson Rd., Ashville, N.Y. 14710
• Re-appointment to the Chautauqua County Aging Advisory Council. Dan Girts, 4911 Baker St. Ext., Lot 24, Ashville, N.Y. 14701
• Issuing SEQRA Negative Declaration for Construction of Chautauqua County Department of Public
• A Resolution Authorizing the Issuance of $4,000,000 Bonds of the County of Chautauqua, New York, to Pay the Cost of the Design and Construction of a Public Facilities Maintenance Facility in and for Said County

CHAUTAUQUA COUNTY LEGISLATURE – ORGANIZATIONAL MEETING 01/02/14

· Jay Gould selected unanimously as Chairman of the Legislature. Mr. Chagnon said he has submitted his first resolution to the legislature and provided a copy of theproposed resolution as follows:

CHAUTAUQUA COUNTY

RESOLUTION NO._____________

TITLE: A Resolution Directing Chautauqua County Environmental Management Council to Monitor and Annually Report Progress of Implementation of Phosphorus Management Strategies to Achieve Chautauqua Lake Total Maximum Daily Load (TMDL) Designated Load Reductions BY: Planning & Economic Development Committee:

AT THE REQUEST OF: County Legislator Pierre Chagnon: WHEREAS, Phosphorus is often the limiting nutrient in temperate lakes and ponds and can be thought of as a fertilizer, a primary food for plants, including algae; too much phosphorus can result in algae blooms and excessive weed growth, which can damage the ecology/aesthetics of a lake, as well as the economic wellbeing of the surrounding drainage basin community; and

WHEREAS, In April 1991, the United States Environmental Protection Agency (EPA) Office of Water’s Assessment and Protection Division published “Guidance for Water Quality-based Decisions: The Total Maximum Daily Load (TMDL) Process” (USEPA 1991b); in July 1992, EPA published the final “Water Quality Planning and Management Regulation” (40 CFR Part 130); together, these documents describe the roles and responsibilities of EPA and the states in meeting the requirements of Section 303(d) of the Federal Clean Water Act (CWA) as amended by the Water Quality Act of 1987, Public Law 100-4; Section 303(d) of the CWA requires each state to identify those waters within its boundaries not meeting water quality standards for any given pollutant applicable to the water’s designated uses; and WHEREAS, in 2004, the North and South basins of Chautauqua Lake were both added to the New York

State Department of Environmental Conservation (NYS DEC) CWA Section 303(d) list of impaired water bodies that do not meet water quality standards due to phosphorus impairments; and WHEREAS, in November 2012 a Total Maximum Daily Load (TMDL) for phosphorus was issued for Chautauqua Lake; and WHEREAS, this TMDL was written with stringent phosphorus load allocations for the four major wastewater treatment plants, along with significant phosphorus load reductions from agriculture, septic systems and developed land; meeting the necessary load reductions using this approach is deemed the most technically achievable and financially viable; and WHEREAS, this TMDL identifies recommended phosphorus management strategies for septic systems, wastewater facilities, agricultural runoff, urban stormwater runoff, and additional protection measures; and WHEREAS, the ecology/aesthetics of Chautauqua Lake is vital to the economic well-being of the surrounding drainage basin community as well as the entire County and region; now therefore be it

RESOLVED, by the Chautauqua County Legislature that the Chautauqua County Environmental Management Council be directed to monitor the progress of implementation of phosphorus management strategies to achieve Chautauqua Lake Total Maximum Daily Load (TMDL) designated load reductions; and be it further

RESOLVED, by the Chautauqua County Legislature that the Chautauqua County Environmental Management Council be directed to annually report, prior to the end of the month of July, to the Chautauqua County Legislature the progress of implementation of phosphorus management strategies to achieve Chautauqua Lake Total Maximum Daily Load (TMDL) designated load reductions.

*************************************************************************************

Mr. Chagnon said the purpose of this resolution is to require an annual review of actions taken to implement the suggested phosphorus management strategies in the Chautauqua Lake TMDL and report those actions before the end of July so that all property owners / taxpayers can hear about what is being done to reduce phosphorus in the lake which encourages the growth of dangerous algae. Mr. Sena asked if there would be any upgrades to the waste water facilities to take more phosphorus out.

Mr. Chagnon said the DEC has already issued permit restrictions on the waste water treatment plants for their TMDL of phosphorus. He said all 3 major plants have plans under way to modify their plants to reduce phosphorus emissions to meet the restrictions imposed by the DEC. He said the other three areas: septic systems, agriculture and runoff are all voluntary and the DEC cannot control that. He said the DEC have said in 5 years they will come back and check and that is when there will be possible consequences for any noncompliance.

Mrs. Carlson said she and Mr. Chagnon had attended a meeting at the IDA and sewer’s around the lake was the topic of discussion. Whether it is extending the lines in place now or doing package plants for certain areas if it is not financially feasible to extend the lines. She said the new county executive is exploring a lot of options with all governments on the lake. There was further general discussion.

RANDY HOLCOMB, ASSESSOR

Mrs. Carlson said Mr. Holcomb’s report indicated that they are mailing out the Enhanced STAR  renewal applications.

DAN STRIKLAND, HIGHWAY SUPERINTENDENT

Mr. Strickland said the new truck was delivered last week. He said the truck that had the engine overhauled has been working well. There was discussion of posting the roads soon.

HOWARD PEACOCK / EVERETT BENSINK, JUSTICE (Copy of Report in Minute Book)

Mr. Bensink read the report for those present.

BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)

Mr. Lawson provided both a December, 2013 and a Year End 2013 report. He reviewed the reports for those present. He said we are down in building costs but there has still been growth. He said the newsletter had resulted in a number of calls regarding the information he provided. He said it is really a great tool for resident information. He said he believed the Zoning Code changes would be completed by next month.

NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)

Mrs. Thomas said she had nothing further to add to her written report.

MOTION # 13 OF 2014

MR. STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. AYE (5); STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY:(0), CARRIED.

SALLY P. CARLSON, SUPERVISOR (Copy in Minute Book)

MOTION # 14 OF 2014

MR. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR. SENA SECONDED. AYE (5); STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY:(0), CARRIED.

MOTION # 15 OF 2014

MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE AMOUNT OF $10,004.60 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5) STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY:(0). CARRIED.

MOTION # 16 OF 2014

MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE AMOUNT OF $84,406.93 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5); STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY(0). CARRIED.

MOTION # 17 OF 2014

ON A MOTION MADE BY MR. MCNEILL AND SECONDED BY MR. SENA, THE MEETING WAS ADJOURNED AT 8:00 PM.

Nancy M. Thomas

Town Clerk