TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY 2/10/2014 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; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk

· PLEDGE

· MINUTES 1/13/2014

· MOTION # 18 OF 2014

MR. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 1/13/2014 TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. STOW SECONDED. AYE(5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO(0). CARRIED.

· ANNOUNCEMENTS:

· PUBLIC COMMENT:

· CORRESPONDENCE:

1. CHAUTAUQUA CO. – Tax Foreclosures -Special District Payments
2. MONTE KENNEDY – Thank you letter to Highway Department and Dan
3. ATLAS ENERGY – Overbilled at Highway Building $2,321.45
4. CORNELL EXTENSION – Available Programs
5. CHAUTAUQUA HOME IMPROVEMENT
6. TOWN CLERKS ANNUAL REPORT
7. VETERANS MEMORIAL FUND MEETING RECAP.
8. PLANNING BOARD MINUTES
9. ISO – Will do review of town building code and giving evaluation
   Mr. Lawson said the importance of this evaluation is directly connected with insurance rates. He said ISO comes in and audits how things are done (i.e. inspections; pictures; permits, etc.). He said the large issue is that NYS Building Code is never current with the IBC (International Building Code) and that takes the rating down, as does the lack of water hydrants. He said he does not feel that our rating will change much.
10. CHAUTAUQUA CO. FINANCE – 4TH QTR. SALES TAX $141,234.31 (Up $22.08)
11. NATIONAL FUEL – Emergency Contact and Info Update
12. TRC – Notice of dinner

OLD BUSINESS:

• SCHEDULE SPECIAL BOARD MEETING ON FRACKING WITH GAS & OIL CO. Mrs. Carlson said a number of people who are involved with hydro-fracking have requested a meeting with the town board. She said she felt it should not be held during a regular board meeting night. She said the meeting should be open to the public at a larger venue and it should be advertised. She said the largest concern expressed by the companies requesting this meeting is that if the town does declare a moratorium, it not include hydro-fracking vertical wells. Mrs. Carlson said what the town is trying to get away from is high pressure horizontal fracking. Mrs. Carlson asked Mrs. Miller about reserving the Fire Hall. Mrs. Miller said Mary Frank should be contacted.

MOTION # 19 OF 2014

MR. WHITNEY MOTIONED TO AUTHORIZE THE TOWN CLERK TO ADVERTISE A PUBLIC MEETING TO DISCUSS HYDRO-FRACKING TO BE HELD ON WEDNESDAY, 3/5/14, AT 7:00 PM (VENUE TO BE DETERMINED). MR. STOW SECONDED. AYE(5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO(0). CARRIED. Subsequent to the meeting but prior to the legal notice, it was noted that 3/5/14 is Ash Wednesday and the meeting date was moved to Tuesday, March 4, 2014, 7:00 PM at the North Harmony Sr. Citizens Building.

· 2013 YEAR END FUND TRANSFERS (Copy in Minute Book)

· MOTION # 20 OF 2014

MR. MCNEILL MOTIONED TO APPROVE THE 2013 YEAR END FUND TRANSFERS IN THE AMOUNT OF $53,236.61 FOR THE HIGHWAY FUND AND $17,653.26 FOR THE GENERAL FUND. MR. STOW SECONDED. AYE(5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO(0). CARRIED.

NEW BUSINESS:

• NEWSLETTER – APRIL, 2014
  Mrs. Carlson said she would like to get a newsletter out in the first part of April, 2014 and requested that any articles be submitted no later than March 31, 2014.
• HEATING ACCOUNT TO ATLAS – $2,321.45 Charged in Error Mrs. Carlson said we had received notice from Atlas Energy that they had overcharged the town $2,321.45 for gas at the highway building. She said they will be sending a refund check.
• AUDIT OF JUSTICE AND TOWN CLERK BOOKS
  Mrs. Carlson said the audit of the Justice and Town Clerk books has been completed. She said the Justice books had been audited by the entire board and the Town Clerk books were audited by the majority of the board.

MOTION # 21OF 2014

MR. WHITNEY MOTIONED FOR A SATISFACTORY CONCLUSION TO THE AUDIT OF THE 2013 JUSTICE COURT AND TOWN CLERK BOOKS. MR. SENA SECONDED. AYE(5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO(0). CARRIED.

· CHAUTAUQUA CO. EXECUTIVE EDWARDS – Shared Highway Services – C&D Waste Addendum

Mrs. Carlson said we had received an addendum to the Shared Highway Services agreement for the disposal of abandoned/derelict building construction and demolition waste at the county landfill. She said basically this allows municipalities to participate in this program by using annual credits at the landfill which can be saved for up to 3 years and/or loaned to another municipality for the types of projects outlined in the addendum.

MOTION # 22 OF 2014

MR. WHITNEY MOTIONED TO ENTER INTO THE SHARED HIGHWAY SERVICES – C&D WASTE ADDENDUM AGREEMENT WITH CHAUTAUQUA COUNTY AND AUTHORIZE THE SUPERVISOR TO SIGN THAT AGREEMENT. MR. SENA SECONDED. AYE(5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO(0). CARRIED.

TRANSFER STATION – ACCEPTABLE RECYCLABLES

Mr. Stow said he had spoken to our transfer station operator and they are generally pleased with the service. He said there had been an issue with recycling and the types of materials that will be taken. He said plastic bags cannot be recycled any longer.

Mrs. Carlson said Beichner had explained that the companies that take the plastic will no longer accept plastic bags.

Mr. Stow said perhaps this can be addressed in the newsletter that is scheduled for April. He said it would also be helpful if it was on our website. Mr. Stow said that basically plastics marked 1 – 5 are recyclable and other items that are not marked are not recyclable.

Mrs. Carlson said apparently the large plastic bags that she had been contacted about were marked with an acceptable recycle mark, but Beichner’s indicated the companies will not accept them.

Mrs. Thomas said that Beichner’s had provided a copy of the landfill listing of acceptable recyclables at Mr. Stows’ request and she would make copies for the board.

It was discussed that the landfills list could be included in the newsletter.

Mr. Stow indicated that the Sherman and Falconer landfills no longer charge a fee to accept old TV’s. He said they will not take them at Ellery.

Mrs. Thomas said she understands that there is value in scrapping out the components.

Mr. Strickland said the reason they don’t want them at Ellery is that there is no place under cover to store them.

REPORTS:

PIERRE CHAGNON, LEGISLATOR

Mr. Chagnon said the following occurred at the January Legislature meeting:

· Confirm Appointments: Jay Gould – Chautauqua County Soil & Water Conservation District Board (exp. 12/31/14) Daniel Johnson Re-Appointment – Chautauqua County Planning Board (exp. 12/31/16)

· Resolution Passed – Denying the State of New York Permission to Use the Name and Seal of the County of Chautauqua and County Officers for Purposes Related to the SAFE Act

· Resolution Passed – Appointing John Sixby and Larry Wilcox as Chautauqua Co. Coroners (exp. 12/ 31/16)

· Resolution Passed – Appointment of Nathaniel Barone as Public Defender (eff. 1/1/14-12/31/15)

Mr. Chagnon spoke regarding the Resolution he had introduced at the January Legislative meeting on the Monitor and Annual Report Progress of Implementation of Phosphorus Management Strategies to Achieve Chautauqua Lake Total Maximum Daily Load (TMDL) Designated Load Reductions. He said there have been some changes to the resolution content discussed and it had been tabled and will be re-introduced again at the February meeting.

Mrs. Carlson asked if the county had any plans to hire a new Watershed Coordinator. The previous coordinator, Jeff Diers is no longer with the county.

Mr. Chagnon said the search to replace him has already begun.

RANDY HOLCOMB, ASSESSOR

Mrs. Carlson said that Grievance Day is scheduled for Wed. 5/28/14 at the Town of Chautauqua Offices from 3:00 – 8:00 PM.

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

Mr. Strickland said there is a road salt shortage and he has been using sand mixed with brine on the roads. He said that there was 90 feet of frozen pipe 30” down in the new well. He said Todd’s truck is down and repairs have been a problem this winter. He said the new highway sign is up and all agreed it looks great. Mr. Strickland said BOCES has requested the placement of a spring intern from their carpentry class at the highway department. He said he could use the service and BOCES is fully insured. Mr. Sena said he does not believe the intern can work unsupervised.

· MOTION # 23 OF 2014

MR. WHITNEY MOTIONED TO AUTHORIZE THE PLACEMENT OF A BOCES STUDENT IN AN INTERNSHIP AT THE TOWN IN THE SPRING PROVIDED ADDITIONAL DETAILS AND INSURANCE INFORMATION ARE RECEIVED AND ACCEPTABLE TO THE TOWN. MR. MCNEILL SECONDED. AYE(5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO(0). CARRIED.

Mr. Strickland said he would attend Advocacy Day in Albany this year.

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

Mr. Bensink read the report for those present.

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

Mr. Lawson reviewed his report for those present. Mr. Lawson said the Planning Board had set up in the new Site Plan Review Process an avenue for the collection of fees for this process. He said the information being asked to be supplied to the Planning and Zoning Boards are heavy documents and the handling and postage on them may warrant some type of fee to help offset the cost to the town.

Mrs. Thomas said there have been instances when she hand delivered the packages to the ZBA because the weight and thickness took them to a “package” rather than envelope designation at the USPS.

Mrs. Carlson asked if Mr. Lawson had any recommendation as to fee amounts.

Mr. Lawson said he does not know what other towns do, but he will look into it.

Mr. Sena asked if it could be set up as a Major vs. a Minor Plan.

There was further general discussion and Mrs. Carlson said it can be put on the agenda next month for further review.

Mr. Lawson said he has been elected as one of the Ashville Fire District Commissioners and the AFD has requested that he act as liaison for them at the town board. He said the commissioners would like to give the town a report each month and they have asked the AFD to also give a report. He said the fire hall

in Ashville is just about complete and they will be looking at opening it soon. He said the Commissioners have asked the department to clean out station #3.

Mrs. Carlson said the town would like the keys when that is complete.

There was discussion as to who actually has the keys.

Mr. Lawson said 3 commissioners will attend school soon.

NANCY THOMAS, TOWN CLERK (Copy in Minute Book)

Mrs. Thomas said the Supervisor’s Warrant had been satisfied on 2/3/14, in the amount of $1,026,067.84. She gave the following collection report:

Original Warrant $3,634,816.00

Collected to date $2,291,048.00 (63.03%)

Outstanding taxes $1,343,768.00 (36.97%)

· MOTION # 24 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 # 25 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.

· VETERAN’S COMMITTEE MEETING, THURSDAY 2/27/14 AT 10:00 AM

· MOTION # 26 OF 2014

MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE AMOUNT OF $77,206.38 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5) STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY:(0). CARRIED.

· MOTION # 27 OF 2014

MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE AMOUNT OF $113,311.83 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5); STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY(0). CARRIED.

· DOG CONTROL OFFICER – KENNEL CONTRACT

Mrs. Carlson said we are no longer kenneling dogs at Charlotte’s property and asked Mr. Stapleton if the town will experience any liability because the location is now at the town property 3511 Rt. 394 (i.e. renter’s, etc.). Mr. Stapleton said there should be no issue. He said there should still be an agreement with Charlotte, but specifying the new location of the kennel.

· MOTION # 28 OF 2014

MR. WHITNEY MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE ANNUAL DOG CONTROL AGREEMENT FOR ESTABLISHING A SHELTER FOR DOGS. MR. MCNEILL SECONDED. AYE (5); STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY(0). CARRIED.

· MOTION # 29 OF 2014

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

Nancy M. Thomas
Town Clerk