TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 03/10/2014 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: Pierre Chagnon, Legislator; Howard Peacock, Justice; Dan Strickland,
Highway Superintendent; Dave Stapleton, Attorney; Brad Lawson, Zoning C.E.O.; Terri Kindberg; Jessica Dayton; Robin Miller, Bookkeeper; Louis Rieg, Planning Board; Nancy Thomas, Town Clerk
• MINUTES 2/10/14:
• MOTION # 30 OF 2014
ON A MOTION MADE BY MR. MCNEILL THE MINUTES OF THE 2/10/2014 BOARD MEETING WERE ACCEPTED AS PRESENTED BY THE TOWN CLERK. MR. STOW SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
• PUBLIC COMMENT:
JESSICA DAYTON & TERRI KINDBERG – CHILDREN’S SAFETY VILLAGE 5K RUN
Ms. Kindberg, Dir. Of Children’s Safety Village, said on 6/14/14, they would like to hold a fundraiser for the Safety Village. She said they plan 3 events; 1) 1K walk at the Village for children and Sr.’s will be one of the events and covered under Safety Village insurance 2) 5K walk/run that will start at the Safety Village and go to N. Maple, Fardink, Rt. 394 and back to the Village 3) Bike race around Chautauqua Lake. Ms. Kindberg said they had been dealing with the NYS DOT to get permitting and they indicated that if the town permits the race, then the fundraiser will not need to get an additional $3,000,000 umbrella and
$2,000,000 liability insurance policies costing about $2,500-$3,000.00. Ms. Dayton, Fundraiser Coordinator said the only event they needed permitting from the town for was the 5K walk/run because a portion is on Fardink Rd., which is a town road. She said they have letters from the Sheriff’s Dept., Ashville Fire Dept., and WCA E.M.T.’s agreeing to regulate the 5K.
Ms. Kindberg said she had spoken to the towns’ insurance agent Randy Graham and he had given her the name of Chris Meekins who had planned the Bike Tour in Bemus. She said all they need from the town is the permit for is the 5K run around the triangle. She said there was no intent to close off the entire 5K race route.
Mrs. Carlson said the only road that was actually under the town’s jurisdiction is Fardink Road.
Mr. Sena said the town would have to be held harmless and Safety Village Insurance would have to cover Fardink Road in case of any injury, etc.
Mrs. Kindberg said she had spoken to Dave Sobol at the DOT and she was sure he would be willing to contact the town and explain it to Mrs. Carlson.
Mrs. Carlson asked if he could call on Thursday and discuss the matter with her. There was general discussion of the bike race and what is required for that.
Mr. Stow asked if they had any anticipation of the number of people who will participate in the 5K.
Ms. Kindberg said they are hoping for about 200, but they are not sure as this is their first year.
There was discussion that regulation by the entities listed above would negate the need for a DOT permit as long as the town gives its OK for the 5K.
Mr. Stapleton said he had reviewed the DOT application and it is pretty detailed. He asked if Ms. Kindberg had provided the items and information requested in the application to the town.
Ms. Kindberg said she would e-mail them to the supervisor.
Mr. Whitney asked again if the town would be held safe and harmless.
Mr. Stow said it appears to him that they are asking that the town agree to cover the 5K race under their insurance.
Everyone agreed that this should be clarified.
Mr. Stapleton said we need a letter from Safety Village’s Insurance Co. stating exactly what their scope of insurance for this event will be by the 4/14/2014 board meeting.
- NYS PUBLIC SERVICE COMMISSION – Public Hearing 2/24-25/14 – National Fuel rates frozen through 9/30/15 AND they will refund $3.78 million to residential customers and $1.77 Million to non-residential customers
- ASSOCIATION OF TOWNS – ANNUAL BUDGET
- CORNELL UNIVERSITY – LOCAL ROADS PROGRAM
- TIME WARNER CABLE – Franchise Revenue Review $12,868.76
- NOTIFICATION OF LIQUOR LICENSE RENEWAL – Hadley House Rest. & Woodcrest Golf
- COMPASS CONSULTANTS AND NETSYNC MERGER
- CHAUTAUQUA CO. DEPT. OF FINANCE – NYS WORKMANS COMP CHANGE – No effect on Towns
- PLANNING BOARD MINUTES 2/11/14
- ACCESS CH 5 – LETTER OF THANKS
- CHAUTAUQUA LAKE ASSOCIATION – LETTER OF THANKS
- CHAUTAUQUA LAKE SNOWMOBILE CLUB INVITATION
- ZONING BOARD OF APPEALS MINUTES 2/26/14
- FEES FOR BUILDING PERMITS; ZONING AND PLANNING
Mrs. Carlson asked Mr. Lawson where we are as far as fees. Mr. Lawson said we have compiled some information which has been given to the board members. He said he has checked with some other towns and Ellery has the same charge for ZBA hearings of $25.00, but their permit fees are higher. Their building permit is based on cost of the project instead of the square footage we use ($200,000 home cost is $165.00 plus an additional $2 for each $1,000 additional building cost which adds up to about $465.00 for the permit fee). He said Town of Chautauqua cost for a 2,000 sq. ft. home is about $200.00 and their ZBA hearing costs range from about $50 to $75 depending on the request. Town of Carroll building permit costs are higher than ours at $100 up to 1,250 sq. ft.; Planning Board preliminary review is $125 and site plan review is $500; ZBA costs range from $35 to $75. Mr. Lawson said our cost for ZBA hearing is $25 for everything and there are no fees at the Planning Board level but it is written in the law that the town can charge a fee for site plan reviews. He said he had discussed with Mrs. Thomas that with the site plan review process there is more paperwork and information that is needed and mailing costs are increasing. He said the Planning Board is requesting the information on the site plan reviews in advance of the meeting so that means even more copies and mailings. There was discussion of the cost of stipend payments to the ZBA and PB members as well as attorney fees. Mr. Lawson gave a list of our current building permit fees which were last updated in 1998: 0-600 sq. ft. $35; 601-1,500 sq. ft $60;
1,501-3,000 sq. ft. $80; 3,001-5,000 sq. ft. $130; 5,001-10,000 sq. ft. $240; over 10,000 sq. ft. $360. Mr. Stow asked if Mr. Lawson could provide a chart showing our existing permit charges and proposed/suggested charges for the next board meeting.mMr. Lawson said he would.
The general consensus of the board was that they do not want to discourage building in the town, but the fees should be a little more realistic.
- HYDROFRACKING MORATORIUM
Mr. Stow asked Mr. Chagnon about the Legislative Meeting on Hydro-fracking that is scheduled for Wednesday. He said he understood it would be available on the County website and asked for an address so he could view it. Mr. Chagnon said he would get the address and forward it to the board.
MOTION # 31OF 2014
MR. MCNEILL MOTIONED TO TABLE INDEFINATELY ISSUING A MORATORIUM ON HYDRO-FRACKING. MR. WHITNEY SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED.
Mrs. Carlson said she had received a page for the newsletter from Kim Sherwood. She asked that any other information for it be given to her by 3/31/14. She asked Mr. Chagnon to perhaps provide an article of introduction as our new legislator. !
Mrs. Miller said there is an issue with the billing from Casella that dates back to the transfer of the Penhollow contract which was sold to Casella in October, 2012. She said we show in our books that we have issued 14 payments to Casella and they have not come up with supporting documentation for the additional $2,500 they are requesting (billed 1/1/14 for month 12/2013). She said her records indicate that all balances due are paid effective 12/31/13. She said she will continue to work on the issue. Mr. McNeill said he felt the traffic situation at the transfer station still needs some work. He said he feels at times there is serious congestion and perhaps we should move the truck back farther, even if it has to go behind the salt shed. He said this should be looked into before summer so that accidents can be prevented. Mrs. Carlson said when the highway puts in the stone pile it will create a barrier that should help. There was further general discussion of use of lines and barriers. It was suggested that the entry be moved to the Stow side so traffic would have more room to line up. Mr. Strickland said they will use the concrete pad of the old building to build a 6’ high x 34’ wide x60’ long area for stone and this will provide a barricade at the transfer station.
• ATLAS ENERGY
Mrs. Miller said Atlas has issued a check to the town for the overbilling that occurred in 2013 at the highway building in the amount of $2,321.00.
• LOOMIS BAY WATER DISTRICT BAN (Final Payment)
• MOTION # 32 OF 2014
MR. STOW MOTIONED TO MAKE THE FINAL PAYMENT ON THE LOOMIS BAY WATER DISTRICT BAN IN THE AMOUNT OF PRINCIPLE: $5,985.42, INTEREST: $188.61, FOR A TOTAL OF $6,174.03 DUE ON 3/28/2014. MR. SENA SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED.
NEW BUSINESS: !
AUTHORIZE SUPERVISOR TO SIGN CLA CONTRACT
MOTION # 33 OF 2014
MR. WHITNEY MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE CHAUTAUQUA LAKE ASSOCIATION (CLA) CONTRACT. MR. STOW SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED.
AUTHORIZE SUPERVISOR TO ATTEND CLASS AT JCC TOAPPLY FOR – Transportation Alternative Grant for Regner property to create handicap accessible trails with restroom and meeting room
MOTION # 34 OF 2014
MR. STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO ATTEND A CLASS AT JCC TO APPLY FOR A TRANSPORTATION ALTERNATIVE GRANT FOR THE REGNER PROPERTY TO CREATE HANDICAP ACCESSIBLE TRAILS WITH RESTROOM AND MEETING ROOM. MR. WHITNEY SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED. !!!!
AUTHORIZE SUPERVISOR TO ACCEPT 2% BED TAX GRANTS:
$17,300 GRANT BLY HILL DITCH STABILIZATION & $40,000 GRANT GOOSE CREEK BANK STABILIZATION BEHIND OLD AFD BUILDING !!
MOTION # 35 OF 2014
MR. WHITNEY MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN A CONTRACT WITH CHAUTAUQUA COUNTY FOR 2% BED TAX GRANTS 1) $17,300.00 FOR BLY HILL ROAD DITCH STABILIZATION AND 2) $40,000 GOOSE CREEK STREAM BANK STABILIZATION PROJECTS. MR. MCNEILL SECONDED. AYE (5): WHITNEY, STOW, SENA,
MCNEILL, AND CARLSON. NO (0). CARRIED.
Mr. Sena said he understood that the Goose Creek project was to be subcontracted out. Mr. Strickland said they would be doing the project which was pretty simple. He said they would be tearing out the old wood behind the location of the old Fire Dept. building; digging the bank back a little; putting some fabric and rip rap down for lining to stabilize the bank.
Mr. Stow asked Mr. Lawson if he felt the Fire Dept. would be interested in redoing the fire hydrant that is located there.
Mr. Lawson said probably and he would mention it.
There was further general discussion.
• RABIES CLINIC
Mrs. Thomas asked the board for authorization to schedule a rabies clinic to be sponsored by Chautauqua Co. and the town. She said she had spoken to Tim Rice and he had agreed to volunteer his time. She said she would have to contact the Ashville Fire District about use of the building for the clinic and has yet to set a date but she is looking at May or June. !
• MOTION # 36 OF 2014
MR. STOW MOTIONED TO AUTHORIZE THE TOWN CLERK TO HOLD A RABIES CLINIC TO BE SPONSORED BY CHAUTAUQUA COUNTY HEALTH DEPARTMENT AND THE TOWN THIS SPRING OR SUMMER. MR. WHITNEY SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED. !
• APPOINTMENT – HIGHWAY DEPARTMENT DEPUTY SUPERINTENDENT
Mrs. Carlson said Bryan Stevens had resigned as Deputy Superintendent effective 2/21/14.
Mr. Strickland said he had asked Bruce Stevens to take the position and he would like to, but he is scheduled for surgery this summer and cannot at this time. He said he asked Todd Eddy to take the position and Mr. Eddy agreed to do it in the interim. !
• MOTION # 37 OF 2014
MR. WHITNEY MOTIONED TO ACCEPT THE RESIGNATION OF BRYAN STEVENS AS DEPUTY HIGHWAY SUPERINTENDENT EFFECTIVE 2/21/2014 AND APPOINT TODD EDDY AS INTERIM DEPUTY HIGHWAY SUPERINTENDENT EFFECTIVE 3/8/2014. MR. MCNEILL SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED.
There was discussion that Mr. Strickland will be down on employees during the busy summer.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred in the Legislature in February:
• Authorizing Asset Purchase Agreement and Escrow Agreement for the Chautauqua County Home with Dunkirk Reality Holdings, LLC and Dunkirk Operating, LLC
13 Yes; 5 No; 1 Absent – (No’s: Ahlstrom Heenan, Keefe, Niebel, Scudder)
• Confirm Re-Appointments & Appointments – Emergency Medical Services Council Roberta Edwards Battalion 3 Representative 5413 Washington St. Ext., Ashville, N.Y. 14710 Term Expires: 12/31/16
• Authorizing Lease with Cornell Cooperative Extension for the Frank W. Bratt County Agricultural Center in the Town of Ellicott One year lease at same rent as last year
• Authorize the Acceptance of NYSDOT Grant Funding to Install a Generator at the Chautauqua County Airport at Jamestown ADOPTED w/ Legislators Ahlstrom, Chagnon, Heenan, Keefe, Niebel, Runkle, Scudder voting “no”. Mr. Chagnon said he is opposed to spending unbudgeted funds for a non-emergency situation which will come out of the general fund at this very early stage of the year.
Mr. Chagnon said in the month of January there were 25 new residents who began receiving welfare benefits that month. He said of the 25, 15 were from Puerto Rico and the rest were from Pennsylvania counties.
A Resolution Directing Chautauqua County Water Quality Tax Force to Monitor and Annually report
Progress of Implementation of Phosphorus Management Strategies to Achieve Chautauqua Lake Total Maximum Daily Load (TMDL) Designated Load Reductions
UNANIMOUSLY ADOPTED !
MOTION: Requesting the State of New York Establish Residency Requirements in Order to Receive Welfare Benefits
WHEREAS, there are limited residency requirements in the State of New York for anyone in order to receive welfare benefits; and
WHEREAS, people from other states throughout the country have been known to come to New York State to receive said benefits as a result of the State’s total benefit package, including Medicaid; and
WHEREAS, Chautauqua County has experienced an influx of out of state residents to receive said benefits resulting in an increase of hundreds of thousands of dollars to County taxpayers, now therefore be it KNOWN, That the Chautauqua County Legislature go on record as requesting the State of New York to establish more stringent residency requirements for the receiving of welfare benefits, and be it further
MOVED, that the Clerk of the Legislature shall forward certified copies of this Motion to Governor
Andrew M. Cuomo, Senator Catharine Young, Assemblyman Andrew Goodell, Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb, the New York State Association of Counties (NYSAC) and all others deemed necessary and proper. UNANIMOUSLY ADOPTED
RANDY HOLCOMB, ASSESSOR
Mrs. Carlson said that Mr. Holcomb’s report included a reminder that Grievance Day will be May 28, 2014 at Town of Chautauqua Offices.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said he did not have anything much to add to what he had said earlier in the meeting. There was a short discussion with Mr. Sena on truck repairs and the expense of parts.
HOWARD PEACOCK, JUSTICE (Copy in Minute Book)
Mr. Peacock read the February, 2014 court report into the record. He said Judge Bensink is on vacation. He also gave information about laws regarding orders of protection in domestic violence cases and the confiscation of weapons. He said the court system is also trying to establish an online arraignment process.
BRAD LAWSON, ZONING C.E.O. (Copy in Minute Book)
Mr. Lawson reviewed his February report for those present.
BRAD LAWSON, AFD COMMISSIONER
Mr. Lawson reported as a Fire Commissioner that they had held a meeting and had gotten bids for a new truck. He said the commissioners had voted down the purchase of the new truck because they felt the expense of $537,000 was too great. He said they are looking into the high electric bills at the district and are looking at ways to lower those costs. He said they are looking at establishing a tobacco free (not just smoke) policy at the building. He said the grand opening for the new building in Ashville will be announced soon.
NANCY THOMAS, TOWN CLERK (Copy in Minute Book)
Mrs. Thomas gave a brief report on Tax Collection. She said of the Warrant $3,634,816.00 we have collected $3,253,337; outstanding is $383,847 or about 10.5%. The last day to pay taxes is 4/1/2014.
MOTION # 38 OF 2014
MR. STOW MOTIONED TO APPROVE THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy in Minute Book)
MOTION # 39 OF 2014
MR. STOW MOTIONED TO APPROVE THE SUPERVISORS REPORT AS PRESENTED. MR. SENA SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED.
Mrs. Carlson asked Mrs. Thomas to send a letter to the NYS DOT regarding the dangerous road condition of the Rt. 394, I86 overpass at Stow.
MOTION # 40 OF 2014
MR. MCNEILL MOTIONED TO AUTHORIZE THE TOWN CLERK TO SEND A LETTER TO THE NYS DOT ADVISING THEM OF THE HAZARDOUS CONDITIONS ON RT. 394 AT THE I-86 OVERPASS AT STOW. MR. SENA SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, AND CARLSON. NO (0). CARRIED.
Mrs. Carlson said that Ernie Russo of Stow said 2 gentlemen from Homeland Security had come to his home and said he must remove a sign on his building that says “America is no longer free”. He said they had been told there was a complaint from a neighbor. Mrs. Carlson expressed concern about our First Amendment Rights.
MOTION # 41 OF 2014
MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE AMOUNT OF $41,230.00 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5) STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY:(0). CARRIED.
MOTION # 42 OF 2014
MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE AMOUNT OF $30,912.65 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5); STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY(0). CARRIED. !
MOTION # 43 OF 2014
ON A MOTION MADE BY MR. STOW AND SECONDED BY MRS. CARLSON, THE MEETING WAS ADJOURNED AT 8:40 PM.
Nancy M. Thomas