TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 04/14/2014 7:00 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
RALPH WHITNEY, COUNCILMAN ABSENT
FRANK STOW, COUNCILMAN ABSENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
OTHERS PRESENT: Pierre Chagnon, Legislator; Howard Peacock, Justice; Dan Strickland, Highway Superintendent; Brad Lawson, Zoning C.E.O.; Robin Miller, Bookkeeper; Louis Rieg, Planning Board; Dave Munsee; Barb Hoyt, Mike Swanson, John York, AFD; Nancy Thomas, Town Clerk
• MOMENT OF SILENCE OBSERVED FOR RODNEY ASEL, M.E.O.
Highway M.E.O. Rodney Asel passed away on 4/4/14. The board and those present expressed deep sympathy for his family.
• MINUTES 3/10/14
• MOTION # 44 OF 2014
MR. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 3/10/14 TOWN BOARD MEETING AS SUBMITTED BY THE TOWN CLERK. MR. SENA SECONDED. AYE (3): SENA, MCNEILL, CARLSON. NO (0). CARRIED. !
Mrs. Carlson mentioned that Mr. Stow is out of town on vacation and Mr. Whitney’s wife had hip surgery.
• Dock is in at Lighthouse Park
• Justice Bensink is in hospital with bronchitis
• Mr. Sena announced that the bears are back and have been targeting bird feeders.
• PUBLIC COMMENT:
- DRIVE TO SURVIVE COURSE – APRIL 29 & 30, 2014
- STW ANNUAL CONFERENCE – HOUGHTON COLLEGE 5/7/14
- CHAUTAUQUA CO. FINANCE – WORKMAN’S COMP GOB 5/6/14 9:30 AM
- CHAUTAUQUA CO. INSURANCE – Exit Liability for Workman’s Comp $166,589
- NYS DOT – RESPONSE TO LETTER RE RT. 394 – Determining Scope of Work
- CHAUTAUQUA ALCOHOL AND SUBSTANCE ABUSE COUNCIL – POSTERS – “Parents Who Host Lose the Most” !
7. SENATOR KATHY YOUNG – Letters regarding the NYS-ERS retirement charge and CHIPS
additional funding !
8. NYMIR – SUBSCRIBER RATES !
9. PLANNING AND ZONING BOARD MINUTES !!
• OLD BUSINESS:
• NORTH HARMONY CEMETERY
Mrs. Carlson said a meeting had been scheduled and Michelle Keefe had not been able to make it.
She said it has been rescheduled for the end of the month and hopefully we will be able to get the transfer of
the property taken care of. !
• CHILDREN’S SAFETY VILLAGE FUNDRAISER
Mrs. Carlson said she has received no further information from Safety Village regarding their
• BOCES INTERN FOR HIGHWAY DEPT. – Copy of Liability Insurance received !
• ZONING / BUILDING PERMIT FEES !
• MOTION # 45 OF 2014
MR. SENA MOTIONED TO TABLE DISCUSSION OF ZONING/BUILDING PERMIT FEES
UNTIL NEXT MONTHS MEETING. MR. MCNEILL SECONDED. AYE (3): SENA, MCNEILL,
CARLSON. NO (0). CARRIED. !
• CASELLA WASTE BILLING
Mrs. Miller said with the information and correspondence from Casella the total balance due varied
from phone call to phone call. She said with the transfer of the contract from Penhollow to Casella she had
questioned the amounts due and to the best of her knowledge at this time the town has a “0” balance due with
• DOT CLASSES AT JCC
Mrs. Carlson said she had not attended those classes because after re-reading the grant application
information, it was not for recreational use and would not work for our purposes. !
• RABIES CLINIC
Mrs. Thomas said she has spoken to Ms. Gustafson at Chautauqua DOH about hosting a rabies
clinic. She said Tim Rice has agreed to be the veterinarian for the clinic. She said she would like to hold the
clinic on Tuesday, 5/20/14, from 5:00-7:00 PM at AFD Station 2. She said Commissioner Lawson has a
letter requesting the use of the facility to present at the meeting scheduled for Tues. 4/15/14.
4/14/14 (Pg. 3) !
• ASHVILLE FREE LIBRARY – WAIVE ZBA AND PERMIT FEES FOR ADDITION !
• MOTION # 46 OF 2014
MR. MCNEILL MOTIONED TO WAIVE THE BUILDING PERMIT FEE OF $35.00 AND THE
ZONING BOARD OF APPEALS FEE OF $25.00 FOR THE ADDITION OF A PORCH AT THE
ASHVILLE FREE LIBRARY. MR. SENA SECONDED. AYE (3): SENA, MCNEILL, CARLSON.
NO (0). CARRIED. !
• NEW BUSINESS: !
• NYS-ERS RETIREMENT – $21,424.00 to Retirement for underestimated contribution
Mrs. Carlson said we had received a bill from NYS retirement which was based on our highway
payroll overtime. She said NYS-ERS former method of billing was give you an estimate which was the
amount you budgeted for in the upcoming year. She said apparently they have changed that formula and
now are providing a projection, estimate and an invoice which each town is responsible for looking up on the
ERS website. The invoice is available in November, after the budget has already been set. Our invoice was
$21,000 more than the estimate given to us. She said they also charge 7 ó% on balances due and we had
wired the funds to them to avoid the fee.
There was further general discussion. It was discussed that the highway has been short an employee
since October, so the ERS must owe the town some type of refund.
Mrs. Carlson said she had contacted Kathy Young who in turn contacted the NYS ERS and someone
from their office should be contacting the town to discuss the issue. !
• DAVE MUNSEE – REQUEST FOR CORN STAND AT 4 CORNERS ASHVILLE
Mr. Munsee said he had operated a sweet corn stand on town land in Ashville for several years and
would like to do so again this year. He said he would operate for the months of July – October, 2014, and
had provided a copy of his liability insurance to the town clerk. !
• MOTION # 47 OF 2013
MR. SENA MOTIONED TO ALLOW DAVE MUNSEE TO OPERATE A CORN STAND ON
TOWN PROPERTY AT THE 4 CORNERS IN ASHVILLE FROM JULY – OCTOBER, 2014. MR.
MCNEILL SECONDED. AYE (3): SENA, MCNEILL, CARLSON. NO (0). CARRIED.
Mr. Munsee asked if he could use the opposite side of the road where the concrete pad for the AFD
parking lot was. Mrs. Carlson said she had no objection as long as he let the town know which side he
would be using. !
• NEW HIGHWAY HIRE ANDREW POST – PROBATION PERIOD – 6 Months – Won’t be eligible for 7/1/14 enrollment – 90 days from date of hire or when probation period completed?
Mr. Strickland said he had hired a new highway employee, Andy Post.
Mrs. Carlson said the town has a 6 month probationary period for new hires and at the end of that period there would be a review. If the employee becomes full time then the Highway Superintendent is authorized to give him a raise and they are eligible for health benefits. She said with the new Obamacare program, insurance must be provided no later than 90 days after their hire date. !!!
• MOTION # 48 OF 2014
MRS. CARLSON MOTIONED TO APPOINT ANDREW POST TO THE POSITION OF PROBATIONARY HIGHWAY M.E.O. EFFECTIVE 4/7/14 AT A RATE OF $15/HR; OVERTIME $22.50/HR AS OUTLINED IN THE EMPLOYEE HANDBOOK. FURTHER, MR. POST WILL RECEIVE HEALTH INSURANCE AFTER 90 DAYS OF EMPLOYMENT (JULY 1, 2014) AS REQUIRED BY FEDERAL LAW, BUT WILL REMAIN ON PROBATION FOR A PERIOD OF 6 MONTHS FROM HIS DATE OF HIRE. MR. MCNEILL SECONDED. AYE (3): SENA, MCNEILL, CARLSON. NO (0). CARRIED.
Mr. Strickland said Mr. Post will be an asset to the department.
Mr. Sena asked why the job had not been posted.
Mr. Strickland said he had met Mr. Post early on when he had been thinking about adding a temporary M.E.O. for Mr. Asel’s position. He said he had decided not to hire a temp and handled the extra work himself. He said Mr. Post has worked for NYS for the last 2 winters and has all the certifications necessary (i.e. plow training, loader trained, etc.). He said Mr. Post has also operated his own tree service and is a very hard worker.
• TRIBUTE BLOCK FOR John & Betty Lou Cheney for Work on Ferry
• MOTION # 49 OF 2014
MR. SENA MOTIONED TO AUTHORIZE THE PURCHASE OF A TRIBUTE BLOCK FOR JOHN & BETTY LOU CHENEY AND MARTHA ANDERSON FOR THEIR WORK ON THE STOW FERRY. MR. MCNEILL SECONDED. AYE (3): SENA, MCNEILL, CARLSON. NO (0). CARRIED.
• TAX COLLECTION 2014 – FINAL REPORT (Copy in Minute Book)
Mrs. Thomas said she had provided a copy of the Final Tax Collection Report to all board members. She said that only 5.64% of taxes remained unpaid this year as compared to 7.56% last year. She said hopefully that is a sign that the economy is getting a little better for our residents. She said the roll has been returned to the County.
• SUNRISE COVE / BOCES WATER BAN
• MOTION # 50 OF 2014
MR. SENA MOTIONED TO MAKE PAYMENT ON THE SUNRISE COVE/BOCES WATER BOND ANTICIPATION NOTE DUE ON 5/16/14, AS FOLLOWS:
Principal Amount Due: $107,868.09
Payment Amt. Sunrise Cove $ 10,020.00
Payment Amt. BOCES $ 7,347.00
Total BAN Principal Pmt. $ 17,367.00
Interest Pmt. At 3.13%
FURTHER, MR. SENA MOTIONED TO RENEW THE SUNRISE COVE/BOCES WATER BAN AT A PRINCIPAL AMOUNT OF $93,868.09 WITH M&T BANK AT AN INTEREST RATE TO BE DETERMINED AT ISSUE. MR. MCNEILL SECONDED. AYE (3): SENA, MCNEILL, CARLSON. NO (0). CARRIED.
• DON MCCORD – ZONING LAW
Mr. Sena said that Don McCord had given a power point presentation to the Planning Board on the new Zoning Law format and he would like to do the same at the May meeting for the Town Board. He said then we could perhaps review the law and be ready to schedule a public hearing at the June meeting. He said the new law is very user friendly.
There was a brief discussion of fee schedules.
• ASHVILLE FIRE DEPARTMENT – 100 YEAR ANNIVERSARY CELEBRATION – SATURDAY, AUGUST 16, 2014 , 11:00 AM – 4:00 PM
Mike Swanson said the department will celebrate its 100 year anniversary at Station #2 on Stow Road. He said there will be speakers; a barbeque; door prizes; dedication of the helipad and other events. He asked if the town would be willing to allow the department to use their land next to the building for parking.
It was discussed that use of the land would depend on the weather as it relates to damage done to a wet field. It was also stated that the town had spent $2,500 to have the land leveled and seeded for use for the department anniversary but a different use had been discussed. They indicated they would discuss it further and let the department know.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said there have been a number of personnel changes at the County. He said they are searching for a Probation Director; Director of Economic Development & Planning for the IDA; Watershed Coordinator. He said Dennis Brooks has been hired as a Risk Manager for the County Insurance risk pool, particularly workman’s comp. He said Mr. Brooks has his hands full as this is a challenging position. !
RANDY HOLCOMB, ASSESSOR
Mr. Holcomb’s report gave a brief overview of Grievance Day which is scheduled for Wed., 5/28/13, with tentative hours of 3:00-8:00 PM. He said work continues on valuation for new construction and demolition. !
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland mentioned the possible hire of a temporary employee for Bruce Stevens, MEO, who will be having surgery this spring and be out for a minimum of 5 months. He said the waterline to the new highway building had frozen twice this winter and they will need to bury a new line at least 5-6’ deep. There have been ongoing issues with machinery/vehicle breakdowns requiring costly repairs. He said they will be working with the county on oil and stone surface treating of selected roads in the town. He noted that they scrapped the old roller and turned in $2,200.00 to the supervisor in proceeds. Mr. Strickland also stated that we would be receiving $16,000.00 in additional CHIPS funding this year. !
HOWARD PEACOCK, JUSTICE (Copy of Report in Minute Book)
Mr. Peacock read the February, 2014 report for those present. !
BRAD LAWSON, ZONING CEO (Copy of Report in Minute Book)
Mr. Lawson said things have been slow in March for permitting. He said there is a large addition being added onto the old Coffaro home by Jim Wroda. He said the Carlton Homes project for Ashville Bay
had passed in the Planning Board with contingencies and should be before the ZBA in April. He mentioned the Hazzard property in Woodlawn and the condition issues.
BARBARA HOYT, AFD COMMISSIONER
Mrs. Hoyt said they are very close to having the Fire Hall in Ashville open. She said there had been an issue with the fob system. She said they hope to have an open house when all issues are resolved. Mrs. Carlson asked about a key to the building that was now located on land the department had donated to the town. A key was turned over to her by Mike Swanson.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
• MOTION # 51 OF 2014
MR. MCNEILL MOTIONED TO APPROVE THE TOWN CLERKS REPORT AS PRESENTED.
MR. SENA SECONDED. AYE (3): SENA, MCNEILL, AND CARLSON. NO (0). CARRIED. !SALLY P. CARLSON, SUPERVISOR (Copy in Minute Book)
• MOTION # 52 OF 2014
MR. SENA MOTIONED TO APPROVE THE SUPERVISORS REPORT AS PRESENTED. MR. MCNEILL SECONDED. AYE (3): SENA, MCNEILL, AND CARLSON. NO (0). CARRIED.
• VETERANS MEMORIAL COMMITTEE MEETING THURS. 4/24/14 AT 10:00 AM
• MOTION # 53 OF 2014
MR. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE AMOUNT OF $20,275.00 AS REVIEWED AND AUDITED EARLIER. MR. SENA SECONDED. AYE (3): SENA, MCNEILL, CARLSON; NAY:(0). CARRIED.
• MOTION # 54 OF 2014
MR. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE AMOUNT OF $30,549.98 AS REVIEWED AND AUDITED EARLIER. MR. SENA SECONDED. AYE (3); SENA, MCNEILL, CARLSON; NAY(0). CARRIED.
• MOTION # 55 OF 2014
ON A MOTION MADE BY MR.SENA AND SECONDED BY MR. MCNEILL, THE MEETING WAS ADJOURNED AT 7:55 PM.
Nancy M. Thomas