May 12th Town Board Meeting

TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 05/12/2014 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 Justice; Dan Strickland, Highway
Superintendent; Brad Lawson, Zoning CEO; Pierre Chagnon, Legislator; Louis Rieg, Dick Johnson,
Phil Strand, Planning Board; Don McCord, Small Town Planning; Clayton & Helen Emick; Robin
Miller, Bookkeeper; Nancy Thomas, Town Clerk

• PLEDGE
• MINUTES 4/14/2014
• MOTION #56 OF 2014
  MR. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 4/14/2014 TOWN BOARD
  MEETING AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. AYE (5): MR.
  WHITNEY, MR. STOW, MR. SENA. MCNEILL, CARLSON. NO (0). THE MOTION WAS
  CARRIED.
• ANNOUNCEMENTS:
• • MEMORIAL DAY SERVICE: VETERANS PARK ASHVILLE, 5/25/14, 1:30 PM
  • GRIEVANCE DAY 5/28/14 AT TOWN OF CHAUTAUQUA OFFICES FROM 3-8:00 PM
  • TOWN OF NORTH HARMONY FREE RABIES CLINIC TUES., 5/20/14, 5-7:00 PM

PUBLIC COMMENT:

• DON BUTLER – ASHVILLE LIBRARY BUILDING PROJECT (Mr. Butler was unable to
  attend the meeting)
• DON MCCORD – PRESENTATION ZONING LAW UPDATE/CHANGES
  Mr. McCord of Small Town Planning said that he and the Planning Board had been working on the
  1989 Zoning Ordinance to update it and correct a number of minor errors. He said a copy with mark ups had
  been provided to the board members. He gave a power point presentation which reviewed those changes.
  He said in 1994 NYS modified its language for area and use variances and these are incorporated in the new
  code. He provided a Proposed Update Amendment Summary sheet which was reviewed and has been
  included in these minutes. He said the goal was to try to make the document more user friendly. He said the
  online version will allow the viewer to zoom in on their parcel and identify on the updated zoning map
  exactly where they are in terms of zoning district.

  Mr. McCord said there is a feature that will allow someone looking at the code on the website to enter a term
  and the system will highlight all areas of the code where that term appears.

  Mr. Sena said the ease of use was very helpful to him when he was reviewing the code.

  Mr. McCord asked if the board would review the changes and if they are satisfied, requested that
  they readopt the entire code at one time as opposed to 30 pages of changes. He said that everything that was
  changed is documented. He asked if there were any questions.

  Mrs. Carlson said it appears that the Planning Board and Mr. McCord have done a very fine job of making the code user friendly.

  Mr. Sena said there were a few minor changes that he would like considered for the final law:
  Pg. 11. – 8. Excavation and Utility Lines – Mr. Sena said there is NYS Law about calling 811 Dig
  Safe before you dig and there is nothing in the document about that (i.e. Call Before You Dig).
  Cluster Development – extra “T”
  Page 20. Fire Resistant – Mr. Lawson said that is more building code than zoning
  Page 30. Setback – Mr. Sena said the definition does not include side and rear setback distances
  which are from the property lines. Mr. Lawson said those are addressed in the area standard portion
  of the law.
  Page 30. Shooting Range – Mr. Sena said outside range should include shotguns; pistols; rifles
  Page 34. Wine Tasting Room – …..sales thereof of…..(?)
  Commercial Parking – Parking spot sizes?
  Mr. McCord asked if there were any other questions. !
  • MOTION #57 OF 2014
  MR. SENA MOTIONED TO AUTHORIZE A SEQR AND PUBLIC HEARING ON PROPOSED
  LOCAL LAW NO. 1 OF 2014 UPDATING / AMENDING THE 1989 ZONING ORDINANCE, TO
  BE HELD ON MONDAY, 6/9/2014, AT 6:30 PM. MR. MCNEILL SECONDED. AYE (5):
  WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED. !
  Mr. Stapleton said this would need to be referred to County Planning.
  Mrs. Thomas said she would take care of the referral. !

CORRESPONDENCE:

Mrs. Carlson said the following correspondence has been received and is available for review:

1. CHAUTAUQUA CO. REAL PROPERTY – LIST OF FORECLOSED PROPERTIES
2. COUNTY CLERK – REQUEST FOR HELP IN RENEWING LICENSES LOCALLY
3. ASSESSOR – MARCH PROPERTY SALES/TRANSFERS
4. MONTE KENNEDY – LETTER COMMENDING HIGHWAY DEPT.
5. STW – DEMONSTRATION DAY – STORMWATER
6. CHAUTAUQUA CO. DEPT. OF FINANCE – SALES TAX $132,458.42
7. PLANNING AND ZONING BOARD MINUTES
8. NYS – DEPARTMENT OF AG. & MARKETS – DCO INSPECTION & MUNICIPAL SHELTER INSPECTION
   Mrs. Thomas said she had received letters dated 5/2/2014 from NYS Ag. & Markets stating that
   inspections had been performed on 4/21/14 on the DCO and the Municipal Shelter and both had received a
   satisfactory rating.
   Mr. Stow said they had indicated that we should install an exhaust fan in the shelter building. !

OLD BUSINESS:

• NORTH HARMONY CEMETERY
  Mrs. Carlson said we have been trying for at least 10 years to work something out with the Keefe
  family with regard to expanding the North Harmony Cemetery. She said they have been extremely difficult
  to work with and keep missing or canceling scheduled appointments with the town. She said she had sent a
  letter to the Keefe’s and suggested that they establish their own cemetery behind ours. She said the amount of
  land we would have gained was not worth the frustration involved. She said the only problem that might
  exist is the location of some older graves that cross into Mr. Keefe’s land on the property line.
• ZONING / BUILDING PERMIT FEES
  Mr. Lawson provided a suggested fee schedule for zoning, building and site plan review permits. He
  said the left hand side represented the old fee schedule and the left side the new fee schedule. He reviewed
  the schedule for those present and a copy has been included as an attachment to the minutes.
  Mrs. Carlson asked Mr. Lawson if he felt the proposed fees would cover the town’s costs.
  Mr. Lawson said no, but he feels it will help. He said he feels the costs are at least more in line with
  other towns.

  Mr. Sena said perhaps the Planning Board could take a look at Smaller Projects (i.e. signs, fences,
  small projects under $3,000???) and better define that at tomorrow night’s meeting.

• MOTION #58 OF 2014
  MR. SENA MOTIONED TO TABLE A NEW FEE SCHEDULE FOR ZONING, BUILDING AND
  SITE PLAN REVIEW PERMITS UNTIL THE PLANNING BOARD CAN PROVIDE A BETTER
  DEFINITION OF “SMALL PROJECTS”. MR. WHITNEY SECONDED. AYE (5): WHITNEY,
  STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• MOTION #59 OF 2014 AMENDING MOTION # 50 OF 2014 SUNRISE COVE/
  BOCES WATER BAN
  MR. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR 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 (principal $8,000.00 / interest $2,020.00)

  Payment Amt. BOCES $ 7,393.80 (principal $6,046.91/ interest $1,346.89)

  Total BAN Principal/Int. Pmt. $ 17,413.80

  FURTHER, MR. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN
  DOCUMENTS RENEWING THE SUNRISE COVE/BOCES WATER BAN AT A PRINCIPAL
  AMOUNT OF $93,821.18 WITH M&T BANK AT AN INTEREST RATE OF 3.03%. MR.
  MCNEILL SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0).
  THE MOTION WAS CARRIED.

NEW BUSINESS: 

• SET UP TRANSFER STATION STICKER CHECK – 6/28/2014
  Mrs. Carlson said a time needed to be scheduled for the board to go to the station and check stickers.
  She said they would like to have the Town Clerk and Deputy there to help issue new permits to those who
  don’t have them. There was discussion among the board members and it was agreed that eligible users had
  received newsletters; applications had been offered through the website; and by the board members and the
  attendants at the transfer station advising them of the need to be compliant with the sticker requirement. All
  agreed that applications should again be made available and if users are not compliant they should be denied
  use of the station until they are compliant. The board agreed that they would check stickers and hand out
  applications on Saturday, 6/28/2014.
• NOISE ORDINANCE – Concerning running of ATV’s, dirt bikes, etc.; hours 11 AM – 4 PM
  Mrs. Carlson said she had received a request from some residents asking that the town establish a
  time period of 11:00 AM – 4:00 PM for the running of ATV’s, dirt bikes, etc.
  Mrs. Thomas said school is not done until 3:00 and most kids don’t get home before 3:30 PM.
  Mrs. Carlson said the hours discussed would be during the summer.
  Mr. Stow asked if they are talking about the entire town.
  Mrs. Carlson said yes, based on complaints.
  There was discussion and both Mr. Sena and Mr. Stow were against the idea. It went no further.
  Mrs. Carlson said she would indicate to the complainants that there was no interest in establishing
  such an ordinance at this time.
• FERRAND VS. TOWN OF NORTH HARMONY
  Mrs. Carlson said the town has been served with notice that we are being sued for an accident
  involving a vehicle that hit one of our plow trucks in January, 2013. She said our insurance company has
  been notified.
• MURAL ON WALL OF STONE PILE A HIGHWAY BLDG.
  Mrs. Carlson said it was suggested that the town have a mural painted on the front of the wall of the
  stone pile at the highway property.
  Mr. Sena asked if anyone had actually come forward that wants to do that.
  Mrs. Carlson said we haven’t asked anyone to do that.
  The board determined that if anyone came forward who wished to do that, they would entertain the
  idea.
• PROPERTY TAX FREEZE FROM NYS
  Mrs. Carlson said we have received notification of the Property Tax Freeze from NYS. She said the
  overview is that it freezes property taxes on the primary residences of homeowners with incomes at or less
  than $500,000.00 in local governments and school districts that stay within the 2% tax cap parameter. She
  said it would be effective in school districts starting in 2014-15 and for cities, towns, etc. in 2015. To receive
  the tax credit in the second year the school districts and local governments must stay within the tax cap and
  develop plans for sharing or consolidating services that will achieve savings for tax payers. Homeowners
  will receive credit by check and must have the STAR Exemption. The taxing jurisdiction must be tax cap
  compliant and have plans available by 6/1/2015 that show what savings will be achieved by the taxpayer.
  She said supposedly we cannot use anything we are currently doing to satisfy the sharing or consolidating
  services portion of the requirements.

  Mr. Sena said the town is already doing everything possible as far as shared services with other
  governments.

• FARMERS MARKET IN ASHVILLE
  Mrs. Carlson said if someone were interested in developing a farmers market in Ashville, it would
  have to be done through NYS Ag and Markets and there are restrictions on it. She said the town has put it
  out there and if someone is interested in pursuing it they can.
• SOLAR AERATOR FOR LIGHTHOUSE PARK
  Mrs. Carlson said she would like to purchase a solar aerator to place near the town dock to keep the
  water in that bay circulating. She asked if there were any objections.

  Mr. Sena asked what the cost would be.

  Mrs. Carlson said $3,000 – $6,000.00. She said it would reduce the blue green algae in that bay.

  Mrs. Emick said if the town is planning a repair or improvement to that area maybe a part of the cost
  should be shared by Mr. Miller because he continues to use that area for private parking by his patrons
  overnight.

  Mrs. Carlson said she had talked to Mr. Miller about the parking but we do not have a police force to
  enforce the parking restrictions at the Lighthouse Park.

  There was discussion between Mrs. Emick and Mrs. Carlson as to the importance of the issue.
  Mr. Stow said he had been in the area several times and with the exception of some type of event he
  has never seen the parking lot full.

  Mrs. Emick disagreed and stated that there are times when the lot is full of Mr. Miller’s patrons and
  people park along Lakeland Road. She said it is not for Mr. Miller’s private use. She said there should be a
  sign stating “NO OVERNIGHT PARKING”.

  Mr. Stow said he would make it a point to check out the situation on the weekends.

  Mrs. Carlson asked if Mr. Strickland would order a “No Overnight Parking” sign and install it at the
  parking area.

  Mr. Strickland agreed.

  Mr. Sena said the day he installed the tribute blocks at the park pavilion there were two boats parked
  perpendicular and two trucks at the location.

• MOVE VETERAN’S COMMITTEE MEETING TO 10:00 AM 5/29/14
  Mr. Sena asked if there was any new information on the cost of the granite.
  Mrs. Carlson said she had spoken to Steve at Jensen-Haglund Memorials and estimated that the
  India Black granite would reduce the cost to about $40,000 if the size was reduced to 4’ from 6’. She said
  the $88,000.00 figure covered the benches and everything else. She said he also suggested that the lettering
  be at least ¾” as compared to the initial ½” size. She said Mrs. Thomas is getting quotes from another
  company as well.
• WORKMAN’S COMP
  Mrs. Carlson said she and Mrs. Miller had attended a Workman’s Comp meeting in Mayville. She
  said the county has hired a Risk Assessment Manager and she feels things are moving in a positive direction.
  She said they will be conducting safety training which the highway will need to take and their previous
  training will need to be documented for their files. She said a number of things were discussed as far as
  reducing costs.

  Mr. Stow asked if the Fire Department would be included in the training sessions.

  Mrs. Carlson said she certainly hoped so. She said it was emphasized that if there is a highway
  employee injury, it needs to be reported immediately. She said if it is not reported within 10 days there are
  going to be substantial fines. She asked Mr. Strickland to convey this to the highway M.E.O.’s.
  Mr. Strickland said a lot of times something happens (i.e. slip and fall) and it is not reported because
  there is no immediate problem; it is only after weeks or months that consequences appear. Mr. Strickland
  said the highway would be happy to participate in safety training as there had not been one conducted in
  some time. He agreed to contact the necessary individuals about this.

• SEWER STUDY RFP
  Mrs. Carlson said she would be attending a meeting tomorrow that will be reviewing the
  improvements needed for the various sewer systems including the South and Center Chautauqua Lake Sewer
  District; Chautauqua Institution Sewer District; North Chautauqua Lake Sewer District. Also to be discussed
  are ways to extend the sewer around the lake or provide service in the pockets around the lake if they cannot
  be reached with regular lines.
• PETITION SUPPORTING LEGISLATION ALLOWING LOCALITIES TO SET SPEED
  LIMITS

  Mrs. Carlson said a letter had been received requesting the town sign a petition supporting the above
  stated legislation which would be sent to Governor Cuomo. She gave an overview of the petition and a copy
  is included in these minutes.

  There was a discussion of the reduced speed rate on Rt. 394 and the problems associated.

• MOTION # 60 OF 2014
  MR. WHITNEY MOTIONED TO ENDORSE THE PETITION SUPPORTING LEGISLATION
  ALLOWING LOCALITIES TO SET SPEED LIMITS. MR. MCNEILL SECONDED. AYE (5):
  WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED. !

REPORTS:

PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the April Legislature meeting:

• Confirm Appointment – South & Center Chautauqua Lake Sewer Districts Board: Pierre Chagnon,
  Replacing Vincent Horrigan
• Confirm Re-Appointment – Off Track Betting : Legislator Frank “Jay” Gould
• Confirm Re-Appointment – Agriculture & Farmland Protection Board : Legislator Frank “Jay” Gould
• Approving the Acceptance by the South and Center Chautauqua Lake Sewer Districts of New York State
  Planning Grant #31916 and the Related Expenditure of Funds
  A grant application was made and New York State has awarded the Districts Chautauqua County
  Wastewater Consolidation Study Engineering Planning Grant #31916 through the New York State Clean
  Water State Revolving Fund in the amount of $50,000 requiring a local match of 20% of the project cost;
  and the acceptance of the Grant is not within the scope of projects and the operation thereof currently
  under the authority of the Districts’ Board, and therefore requires the approval of the Chautauqua
  County Legislature
• Authorize Memorandum of Understanding in Support of the Creation of the Chautauqua Lake &
  Watershed Management Alliance
• Authorizing Financial Assistance for the Village of Forestville
  That the County Executive is authorized and empowered to enter into all necessary agreements to
  provide a loan of $150,000 to the Village of Forestville at a rate of 3% for the water line project to be
  repaid immediately if the Village is able to secure long term financing of the debt, but in any event no
  later than June 15, 2019, and upon such other terms and conditions negotiated by the County
  Executive, to include a right of set-off by the County of the Village’s sales tax distributions in the
  event of a default.

That the County’s financial assistance to the Village of Forestville pursuant to this resolution is
contingent upon the following:

1. The Village arranging an audit by a third party of the Village’s financial records and accounts for
   the past five (5) years, to include a report regarding the Village’s current and future financial
   status; and
2. The Village participating in a task force to be formed by the County Executive and Chairman of
   the Legislature consisting of officials and stakeholders from the County, Town of Hanover, and
   Village that will examine the viability of the Village as a continuing independent municipal entity,
   including consideration of the potential of dissolution.
3. The Village starting the process of obtaining grant monies for an independent study
   regarding the feasibility of dissolving the Village.
   • Update: Watershed Coordinator has been selected. Announcement to be made in the next couple of days.
   A seasoned professional with a host of experience was selected. !

RANDY HOLCOMB, ASSESSOR
Mrs. Carlson said Mr. Holcomb advised that Grievance Day will be 5/28/14, and notices of change
in assessment will be sent out on 5/14/14.

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

Mr. Strickland said the grader is back in operation and the town should receive an insurance check
for $15,000.00 from a claim due to the fire at Jack’s Repair Shop. He said he has been out measuring roads
in an effort to assess what needs are present and develop plans to address them. He said the frost damage is
showing up late and is extreme due to the winter temperatures. He said he is trying to figure how to get the
best coverage with the oil and stone we have. There was a discussion of the quality of asphalt which is really
poor and has no flexibility.

HOWARD PEACOCK, JUSTICE (copy in Minute Book)
Mr. Peacock read the written April report for those present.

BRAD LAWSON, ZONING CEO (copy in Minute Book)
Mr. Lawson reviewed his written report for those present.

BRAD LAWSON, AFD COMMISSIONER
Mr. Lawson said the Ashville Hall is now open. He said that an engine truck and a miscellaneous
truck with EMS equipment have been moved into that station. He said there have been some issues with the
tanker truck and it has been sent to 4 Guys for repairs.
Mrs. Carlson asked if there has been much use of the equipment at the Ashville Station.
Mr. Lawson said there had been an accident on Rt. 394 and the Ashville Station had responded and it
worked well. !

DAVE LLOYD, STORMWATER PLANNER
Mr. Lloyd’s report stated he has been working in the Rain Garden area trimming trees, roses and
grasses and splitting some of the plants as they grow. He said he has built a new walkway to the rain garden
sign with stone from the highway dept. and will put some of the stone in the parking area. He indicated that a
part of the bank south of the garden along the creek has broken off. He said this is a yearly problem and
should be looked at by Soil and Water for grant funding. He indicated that all grant applications must be
turned in by 6/15/2014. He indicated the willows and dog wood trees at Cheney’s Point are in great shape
and will need a little trimming this year. Mr. Lloyd said he had done some research in Stormwater Planning
information on pond/lake aerators for Mrs. Carlson.

Mr. Lloyd noted that attractive landscaping increases community appeal for people looking to
relocate and similarly, beautifying our business districts increases pride in the community and draws
customers to local businesses.

NANCY THOMAS, TOWN CLERK (copy in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.

• MOTION #61 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 # 62 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 # 63 OF 2014
  MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
  AMOUNT OF $80,033.00 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
  SECONDED. AYE (5) STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY:(0).
  CARRIED.
• MOTION # 64 OF 2014
  MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
  AMOUNT OF $35,546.30 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
  SECONDED. AYE (5); STOW, SENA, WHITNEY, MCNEILL, CARLSON; NAY(0). CARRIED.
• MOTION # 65 OF 2014
  ON A MOTION MADE BY MR. SENA AND SECONDED BY MR. STOW, THE MEETING WAS
  ADJOURNED AT 8:36 PM.

Nancy M. Thomas
Town Clerk