TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 07/14/2014 7:00 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
RALPH WHITNEY, COUNCILMAN ABSENT
FRANK STOW, COUNCILMAN PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
OTHERS PRESENT: Dave Stapleton, Attorney; Howard Peacock Justice; Brad Lawson, Zoning
CEO; Pierre Chagnon, Legislator; Louis Rieg, Clayton & Helen Emick; Norm Czubaj, Dennis Brooks,
Chautauqua County Finance for Workman’s Comp; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk
• PLEDGE OF ALLEGIANCE
• MINUTES 06/09/2014
• MOTION # 79 OF 2014
MR. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE PUBLIC HEARING ON
LOCAL LAW #1-2014 AND THE TOWN BOARD MEETING HELD ON 6/9/14, AS PRESENTED
BY THE TOWN CLERK. MR. STOW SECONDED. AYE (4): STOW, SENA, MCNEILL,
CARLSON. NO (0). CARRIED.
ASHVILLE GALA DAY – SATURDAY 7/19/14, Parade starts 10:00 AM
- DENNIS BROOKS, CHAUT. CO. FINANCE INSURANCE ADMINISTRATOR –
Mr. Brooks provided a 5 Year Budget Experience chart to the board members. He said the
Workman’s Comp Insurance pool is made up of the county and all the municipalities in the county and their
fire departments. He said the current formula is based 60% on loss history in each town and 40% on
property tax. He said there are a few minor costs that the entire pool pays for which are administrative costs,
3rd party administration costs, etc. He said the chart which covers 2009 – 2013 is a simplification to show
how we are charged and has a comparison chart for an unnamed town. He said the number one area to
address is accidents in order to control loss history. He said they are putting together a Safety Team
Committee to help with safety training and inspections. He said the pool is not in great shape and indicated
there are some unfunded liabilities on the books.Mr. Sena asked if alternative insurance sources (i.e. State Fund) had been sought to help reduce the
costs to municipalities.
Mr. Brooks said the county would never go that route because based on loss the cost would be at
least double what it is now. He gave an example: In 2014 the TONH has 2 really bad accidents where the
claims are valued at $2,000,000 over the life of the claim (can be many years). In the current pool because
we are a taxing authority we only have to pay whatever claims are running through the program currently
(for just this budget year). If the TONH went with a different entity, the state would require that the town
take the amount that the claims are valued at and place it in a trust fund to make sure the claimants received
their benefits. He indicated that currently there is about $19,000,000.00 in unfunded liability in this pool
which is not good, but it will be fixed.
Mr. Sena and Mr. Brooks discussed reclassifying employees (i.e. office staff, highway employees) based on risk of claims. He said the industry standard is no longer basing cost on property values. He said it would be more beneficial to the TONH if the dollars were divvied up between loss experience and number of employees plus employee classification (i.e. jobs and risks to actually be in the pool). It has been discussed using 80% loss history and 20% property values. Mr. Brooks said all of these types of actions would have to pass in the Legislature by Local Law. Mr. Brooks gave an explanation of how large losses in the entire pool affect the TONH. He said the towns are billed on 5 years of losses. There was further discussion which included the need for case investigations. Mr. Brooks said there will be ongoing communication with Supervisor Carlson to discuss these matters.
- NORM CZUBAJ RESIDENT HADLEY BAY
Mr. Czubaj asked why the town has a 45 mph speed limit on Rt. 394 when the Town of Chautauqua has a 55 mph limit on Rt. 394. He said he understands the speed limit signs are changed twice a year from 45 to 55 mph.
Mrs. Carlson said it was adopted in the last administration.
Mr. Czubaj said the speed limit should be consistent. He also asked what it would take to get sewer connected around the lake. He mentioned the referendum vote in the TONH for a sewer study that was voted down. He encouraged the board to continue to pursue upgrade/connection to sewer. Mrs. Carlson said County Executive Horigan has commissioned an integrated sewage management study to come up with solutions to improve the waste treatment plants and solutions for alternatives that would be available and cost effective (i.e. package plants for certain areas, extension of Chaut. Inst. lines, etc).Mr. Czubaj also asked about water lines to go with the sewer. He also asked about ordinances in the
town to remove old objects that have been sitting around many years. He said a neighbor has a junk boat that has been sitting for 7 years on the property. Mr. Lawson said he would look into the problem.
Mr. Stow commented that the lower summer speed limit on Rt. 394 is for safety reasons. He said there are a lot of bad accidents on that road.
Mrs. Carlson said the following correspondence had been received and was available for
- O’BRIEN & GENE – Integrated Sewage Management Plan
- CHAUT. CO. DEPT. OF INSURANCE – WORKMAN’S COMP INSURANCE 2015
$66,443.50 (Because of Re-val)
- CHAUTAUQUA CO. FINANCE – Mortgage Tax $17,995.46 ( – $3,344.34)
- NYS COMPTROLLER: – Unclaimed Funds received in the amount of $256.24
- ASSESSOR – PROPERTY TRANSFERS FOR APRIL, 2014
- NYMIR – Interest return $1,013.50
- PLANNING BOARD MINUTES
- CHAUTAUQUA CO. EXECUTIVE – Shared Services Meeting, 7/16/14 1-4:00 PM at G.O.B.
- TIME WARNER CABLE
- NYS-DEC – Blue-green Algae Blooms
- NYS – LABOR – Escape Routes for Firemen
Mr. Stow asked what this was about.
The letter indicates it is an amendment to Section 27-a of the Labor Law which requires employers to
provide certain emergency escape systems to firefighters at risk of entrapment at elevations (i.e. second
Mr. Lawson said this had not been mentioned at commissioner training.
- INDEPENDENT HEALTH – 9.92% Rate Increase proposed for 2015
- PUBLIC SERVICE – Local gas companies will be doing distribution lines and they will be
- ASSESSOR – PROPERTY TRANSFERS FOR MAY, 2014
- 15. NOTICE FROM TOWN OF ELLERY RE LL #2-2014 – ZONING CHANGES
- AREATOR Mr. Sena said the aerator will be installed next week by Vidal Electric.
- CHENEY’S POINT – Request from Bill Ingersoll
Mr. Sena said some signage had been discussed and asked if anything had been done.
Mrs. Carlson said she would check with Mr. Strickland.
- LOCAL LAW # 1-2014 – ZONING ORDINANCE UPDATE – VOTE
- MOTION # 80 OF 2014
MR. SENA MOTIONED TO ADOPT LOCAL LAW #1-2014 REPLACING, UPDATING AND
AMENDING LL #1-1989 ZONING CODE OF THE TOWN OF NORTH HARMONY. CHANGES
INCLUDE UPDATING FORMAT, DEFINITIONS AND COMPLIANCE WITH N.Y.S. ENABLING
LEGISLATION FOR AREA AND USE VARIANCES. MR. MCNEILL SECONDED.
YES (4): STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
- BUCHANAN PROPERTY – Victoria Rd.
Mr. Lawson said he had gone down and taken some photos of the property, but had not had time yet
to compose a violation letter. He said it would be completed and sent shortly.
- REGNER/ANDERSON PROPERTY SALE – Contract completed and filed 7/11/14
- TRANSFER STATION – Illegal dumping – NYS Trooper talked to individual and she claimed
she had never seen the bill.
Mrs. Carlson said Mr. Strickland had installed the cameras at the transfer station area.
Mr. Sena said he and Sally had been at the transfer station checking stickers and handed out
- RYAN HINDSDALE – Temporary Highway Department M.E.O. appointment – effective
5/5/14, at $15/HR; OT $22.50/HR
- MOTION # 81OF 2014
MR. STOW MOTIONED TO APPOINT RYAN HINSDALE TO THE POSITION OF
TEMPORARY HIGHWAY DEPARTMENT M.E.O. EFFECTIVE 5/5/2014, AT A PAY RATE OF
$15.00/HR; OT $22.50/HR. MR. SENA SECONDED. YES (4): STOW, SENA, MCNEILL,
CARLSON. NO (0). CARRIED.Mrs. Miller asked if the appointment would be in effect until Bruce Stevens returns.
Mr. Sena said that is what Mr. Strickland told him.
- NYSERSA GRANT – APPLICATION RECEIVED BY NYS FOR BATHROOMS AND
INSTRUCTIONAL CLASSROOM – Approval by board needed to amend MOTION # 34-2014
- 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).
- MOTION # 82 OF 2014 (AMENDING MOTION # 34-2014)
MR. STOW MOTIONED TO AMEND MOTION # 34-2014 TO GRANT AUTHORIZATION TO
THE SUPERVISOR TO APPLY FOR A GRANT UNDER THE LWRP NEXT YEAR FOR AN
INSTRUCTIONAL CLASSROOM AND HANDICAP BATHROOMS TO BE LOCATED ON
PROPERTY ADJACENT TO THE COMMUNITY BUILDING. MR. MCNEILL SECONDED.
YES (4): STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
- ZONING AND BUILDING PERMIT FEES SCHEDULE
Mr. Lawson provided a revised proposed schedule of fees for Building and Zoning. A copy is
attached to the minutes. He said the Planning Board had made some suggestions regarding the Site Plan
Mr. Sena noted that some of these projects can require multiple appearances before the Planning and
- MOTION # 83 OF 2014
MR. MCNEILL MOTIONED TO ADOPT THE ZONING AND BUILDING PERMIT FEE
SCHEDULE AS PRESENTED BY ZONING C.E.O. BRAD LAWSON IN ACCORDANCE WITH
SECTION 704 OF THE ZONING CODE, EFFECTIVE 7/14/14. MR. SENA SECONDED. YES
(4): STOW, SENA, MCNEILL, CARLSON. (NO): (0). CARRIED.
- VETERANS MEMORIAL
Mrs. Carlson said we had received some firm figures on the cost of the India Black granite and
initial engraving from Jensen Haglund. She said it is going to cost about $42,000.00 which was much better
than the initial quote of $82,000. She said that does not include the base work, surveying or electrical.
Mr. Stow said the major savings was in the inscription fees ($900 per side as opposed to $30 per
- REPLACEMENT OF TREE FOR CATHERINE VANDERWOUDE AT VETERANS PARK
Mrs. Carlson said she would contact Pat to see if he would have time to replace it on a weekend.
She asked if there were any preferences as to the type of tree. After discussion it was decided to go with
something hardy with low maintenance and suggestions were weeping cherry or Bradford pear.
- MOTION # 84 OF 2014
MR. STOW MOTIONED TO AUTHORIZE THE EXPENDITURE OF FUNDS TO REPLACE THE
TREE AT VETERANS PARK THAT WAS DONATED FOR CATHERINE VANDERWOUDE AND
DIED, WITH A HARDIER, LOW MAINTENANCE TREE. MR. SENA SECONDED. YES (4):
STOW, SENA, MCNEILL, CARLSON. (NO): (0). CARRIED. !
- GOLF CARTS ON CHAUTAUQUA AVE. – Issue of Paper Street
Mrs. Carlson said she had a gentleman visit her who complained about golf carts on Chautauqua
Ave. She said she had suggested that if there was a problem he should contact the Sheriff’s Department. She
said she tried to make him understand that the town no longer has a police department to send down. She
said he responded that there is an issue of the paper streets. She suggested he bring the issue to the board and
noted he was not at the meeting.
- ASHVILLE FIRE DEPARTMENT – 100TH YEAR CELEBRATION GIFT
- MOTION # 85 OF 2014
MR. MCNEILL MOTIONED TO AUTHORIZE A FUND EXPENDITURE NOT TO EXCEED $150
TO PURCHASE A PLAQUE FOR THE FIRE DEPARTMENT AND A TRIBUTE BLOCK TO
COMMEMORATE THE 100TH YEAR ANNIVERSARY OF THE ASHVILLE FIRE
DEPARTMENT. MR. SENA SECONDED. YES (4): STOW, SENA, MCNEILL, CARLSON.
(NO): (0). CARRIED.
- EMPLOYEE HANDBOOK REVISIONS – Meeting to Review and Revise Tues., 8/5/14 7:00 PM
- NEW DOCK PLACED ON ROW AT VICTORIA
Mrs. Carlson said it is a town ROW and asked Mr. Stapleton what should be done.
Mr. Stapleton said the town had never taken a position on docks there and it had neither been
approved nor prohibited. He said there have been communications when these docks encroach on other lake
owners properties. He said he would draft a letter for the supervisor to review.
Mrs. Carlson said she wanted it understood that if a dock is put out, it is open to the neighborhood.
- 2% TAX CAP OVERRIDE FOR BUDGET 2015 PUBLIC HEARING
- MOTION # 86 OF 2014
MR. SENA MOTIONED TO HOLD A PUBLIC HEARING TO ADOPT A LOCAL LAW TO
OVERRIDE THE 2% TAX CAP FOR BUDGET YEAR 2015, ON 8/11/2014, AT 6:45 PM, PRIOR
TO THE REGULAR TOWN BOARD MEETING. MR. MCNEILL SECONDED. YES (4): STOW,
SENA, MCNEILL, CARLSON. (NO): (0). CARRIED.There was discussion of the communication from N.Y.S. regarding School Tax and Property Tax and
rebates based on the following: staying under the 2% tax cap; showing a plan for savings through shared
services (not including those currently in place). Mr. Chagnon said this would be discussed at the shared
services meeting to be held on Wed. Mrs. Carlson said she and Dan would be attending.
- JUSTICES EVERETT BENSINK & HOWARD PEACOCK & BARB PEACOCK –
REQUEST TO ATTEND JUSTICE TRAINING CONFERENCE 9/21-24/14 !
- MOTION # 87 OF 2014
MR. SENA MOTIONED TO AUTHORIZE JUSTICE BENSINK TO ATTEND THE JUSTICE
TRAINING CONFERENCE TO BE HELD 9/21-24/2014. MR. MCNEILL SECONDED. YES (4):
STOW, SENA, MCNEILL, CARLSON. (NO): (0). CARRIED.
- MOTION # 88 OF 2014
MR. MCNEILL MOTIONED TO AUTHORIZE JUSTICE PEACOCK AND HIS CLERK BARB
PEACOCK TO ATTEND THE JUSTICE TRAINING CONFERENCE TO BE HELD 9/21-24/2014.
MR. STOW SECONDED. YES (4): STOW, SENA, MCNEILL, CARLSON. (NO): (0).
- 6 MONTH $1/HR RAISE FOR KATIE ZIMMER AND KRISTY VAILLANCOURT
- MOTION # 89 OF 2014
MR. STOW MOTIONED TO AUTHORIZE A $1/HR ($11/HR) WAGE INCREASE FOR KATIE
ZIMMER, DEPUTY COURT CLERK AND KRISTY VAILLANCOURT, DEPUTY TOWN
CLERK EFFECTIVE 7/14/14, AS OUTLINED IN THE EMPLOYEE HANDBOOK. MR.
MCNEILL SECONDED. YES (4): STOW, SENA, MCNEILL, CARLSON. (NO): (0).
- DICK SENA – SCOPE AND NYS SAFE ACT
Mr. Sena said he belongs to an organization which is very upset about the N.Y.S. SAFE ACT. He
said they have put together a petition which he is circulating which proposes the separation of ChautauquaCounty from New York State to become a part of the Commonwealth of Pennsylvania since it is evident that
Albany has shown little regard for Chautauqua County thus far. He said they would like to get it on the
11/4/2014 ballot and signatures are required to do this.
There was general discussion.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the June Legislature meeting:
• Appointed Ms. Kreske to fill Fred Larson’s legislative seat
• Work has begun on 2015 budget and the goal is to stay under the 2% cap
RANDY HOLCOMB, ASSESSOR
Mrs. Carlson said Mr. Holcomb’s report indicates that the town received $5,694.59 in Assessment
Aid. She said it makes you wonder if it is worth having a reval when Workman’s Comp goes up based on
the reval and it is higher than the aid received.
HOWARD PEACOCK, JUSTICE (Copy of report in Minute Book)
Mr. Peacock read the report for those present. He said they had performed a number of arraignments
related to the Blue Heron Festival as the Sherman Justice was not available.
BRAD LAWSON, ZONING C.E.O. (Copy of report in Minute Book)
Mr. Lawson reviewed his written report for those present. He said the Planning Board had decided
not to have a meeting in August unless something comes up that requires their attention. Mr. Lawson said
there has been an ongoing issue with NFPA because they do not address “Sky Lanterns”. He said they do
address any type of open flamed lanterns. He said people are using these more and more in high populated
areas and they can be a fire issue. He said he will keep an eye on the issue. !
NANCY THOMAS, TOWN CLERK (Copy of report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report. !
- MOTION # 90 OF 2014
MR. STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR.
SENA SECONDED. AYE (4); STOW, SENA, MCNEILL, CARLSON; NAY:(0), CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy in Minute Book)
- MOTION # 91 OF 2014
MR. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR.
SENA SECONDED. AYE (4); STOW, SENA, MCNEILL, CARLSON; NAY:(0), CARRIED.
- MOTION # 92 OF 2014
MR. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $25,876.76 AS REVIEWED AND AUDITED EARLIER. MR. SENA SECONDED.
AYE (4) STOW, SENA, MCNEILL, CARLSON; NAY:(0).
- MOTION # 93 OF 2014
MR. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $113,438.88 AS REVIEWED AND AUDITED EARLIER. MR. STOW
SECONDED. AYE (4); STOW, SENA, MCNEILL, CARLSON; NAY(0). CARRIED.
Mrs. Carlson noted the reason the bills for the highway are so high is because of the paving that was
- MOTION # 94 OF 2014
ON A MOTION MADE BY MR. SENA AND SECONDED BY MR. STOW, THE MEETING WAS
ADJOURNED AT 9:30 PM.
Nancy M. Thomas