BOARD MEETING
MONDAY 8/11/2014, 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; Lynn Smith, Bruce Pfeil, Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk

• PLEDGE

• MINUTES 7/14/14

• MOTION # 95 OF 2014

MR. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 7/14/2014, TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

ANNOUNCEMENTS:

• CELEBRATE THE LAKE – SAT. 8/23/14 9:00 AM – 12 NOON, BREAKFAST AT THE CASINO IN BEMUS PT.
• ASHVILLE FIRE DEPARTMENT – 100 YEAR ANNIVERSARY – SAT. 8/16/14, 11:00 AM –4:00 PM

PUBLIC COMMENT:

• LYNN SMITH, CHENEY’S POINT Mrs. Smith said they are pleased that the town has taken to heart their concern about the water situation on Chautauqua Ave. and that the town will be paving next year. She said some remediation before that would be wonderful. She said they are also happy to see something about sewer on the agenda. Mrs. Carlson said they have been attending meetings with the idea of coming up with solutions to sewer issues. There was discussion of private sewers and inspections. Currently sewers are only checked at the point of sale on a property or if a complaint is filed.
• BRUCE PFEIL, CHAUTAUQUA AVE. Mr. Pfeil said the town had done a project on Longview Ave. in response to runoff sometime back and it appears to have been successful, but the 12” drain off Chautauqua is too small to handle the volume. He said there is a situation where Vincent Ave. intersects Chautauqua Ave. and it has become eroded by runoff. He said he would like to ask the town for help with the private road between Vincent and Longview. He said the residents are willing to fund the improvement but they would like the town’s expertise and help if possible. There was further discussion of the problem and Mrs. Carlson said although the town cannot work on a private road, Mr. Strickland could perhaps take a look at the situation.

CORRESPONDENCE:

1. ASSESSOR – JUNE PROPERTY TRANSFERS
2. NYS – DEC – NATURE TRAIL BY CWC
3. NYS MOTOR VEHICLE – ORIGINAL REQUEST FOR CAB.
4. NYS DEPT. OF LABOR – PESH
5. NYMIR – RISK MANAGEMENT
6. PLANNING BOARD MINUTES 7/8/14
7. KIM SHERWOOD – Lake Assessment Program, Thurs., 8/14/14, 7 PM at BOCES – Informal Seminar about NY lakes and Chautauqua Lake
8. BETSY BURGESON – Emerald Ash Borer
9. TIME WARNER CABLE – Ongoing changes
10. JOHN T. WARD – E-mail regarding John Stow Veterans Memorial Bridge Sign Mr. Ward’s communication indicated that the sign had been placed on the I-86 expressway in error and requested that Assemblyman Goodell and Senator Young be contacted to rectify the error.
11.  RODNEY ASEL FAMILY – Thank You Note
12. CHARLOTTE GROVER, DCO – LETTER OF RESIGNATION EFFECTIVE 9/1/2014
13. ATLAS GAS – Royalty Check in the amount of $326.32 received
14. CWC – Newsletter
15. ASSOCIATION OF TOWNS – DUES FOR 2015 $800.00

OLD BUSINESS:

• PLAQUE FOR FIRE DEPARTMENT – Has been ordered from Art Samples
• LETTER ON DOCK AT VICTORIA Mrs. Carlson said Mr. Stapleton had been down to look at the dock on Victoria and there is no dock located there.

VOTE – 2% TAX CAP OVERRIDE FOR BUDGET 2015

Mrs. Carlson emphasized that if we pass the 2% Tax Cap Override motion taxpayers will not be eligible for the refund. She said if you are a resident and eligible for the refund it will not be much. Mrs. Carlson reviewed the new rules from NYS regarding the tax cap and rebate incentives. She said you can be penalized / fined if you exceed the tax cap without the override motion in place. It was noted that although the town had voted to override the tax cap for the last 2 budget years, it had not actually exceeded the cap. !

MOTION # 96 OF 2014

MR. WHITNEY MOTIONED TO ADOPT A LOCAL LAW TO OVERRIDE THE 2% TAX CAP FOR FISCAL YEAR 2015 IN ACCORDANCE WITH GML SECTION 3.c. MR. MCNEILL SECONDED. VOTE: MCNEILL, YES; WHITNEY, YES; CARLSON, NO; STOW, NO; SENA; NO. THE MOTION WAS DEFEATED: YES (2) NO (3).

AERATOR – Will be installed shortly

2ND MEETING – EMPLOYEE HANDBOOK – Tuesday 9/2/14 7:00 PM !

ASHVILLE DAY

Mrs. Thomas said in spite of the rain Ashville Day seemed to go very well. She said Ms. Wroda and Ms. Gleason did a great job and hopefully it will be the beginning of many good years to come. It was noted that having the festivities located at the Fire Dept. ball field seemed to work very well from a parking, traffic and safety standpoint. She said the Llama Club Fireworks display was a big hit as always.

O’BRIEN & GERR SEWER/SEPTIC STUDY – EST. COST – 2 Districts $17,920,600 (401 + 278 dwellings)

Mrs. Carlson said this study was commissioned by the County Executive for sewer solutions (i.e. extending the sewer lines; package plants in certain areas; etc.). She said the study is available for review. Mr. Sena noted that there had been several seminars at BOCES to discuss sewer/septic and it was indicated that septic maintenance is key to the watershed. He said perhaps something in our next newsletter about maintenance would be helpful to the public.

NEW BUSINESS:

• BUDGET REQUESTS 2015 – Must be returned to Supervisor by Thursday, 8/28/14
• BUDGET MEETING 2015 – Tuesday 9/2/14, following Employee Handbook meeting
• YARDWORKS – CWC LISTS OF NATIVE TREES AND BUSHES – Program at BOCES encouraging lakeshore planting
• CHARLOTTE GROVER, DCO – RESIGNATION EFFECTIVE 9/1/2014 Mrs. Carlson asked the Town Clerk to advertise in the P.J. for proposals for a Dog Control Officer and requested that applications be received by 9/4/14.
• MOTION # 97 OF 2014 MR. WHITNEY MOTIONED TO ACCEPT THE RESIGNATION OF CHARLOTTE GROVER, DOG CONTROL OFFICER, EFFECTIVE 9/1/2014, AND FURTHER AUTHORIZED THE TOWN CLERK TO ADVERTISE FOR APPLICANTS TO FILL THAT POSITION. MR. SENA SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NAY (0). CARRIED.

REPORTS:

PIERRE CHAGNON, LEGISLATOR

Mr. Chagnon said the following occurred at the July, 2014 Legislature meeting:

Authorize Allocation of 2014 2% Occupancy Tax Project Funding as a Match for the Goose Creek Streambank Stabilization Project.

The Chautauqua Lake Watershed Management Plan and the Watershed and Stream Assessment: Goose Creek and Dutch Hollow Creek Report of Findings developed by Barton & Loguidice, identified Goose Creek as a major contributor of sediment and nutrients into Chautauqua Lake;

The Chautauqua County Soil & Water Conservation District (CCSWD) and the United States Department of Agriculture Natural Resource Conservation Service (USDA-NRCS) submitted a grant application to the Environmental Quality Improvement Program (EQIP) for an environmental restoration project intended to reduce the deposition of sediment and nutrients into Chautauqua Lake through the stabilization of 3,800 feet of streambank on Goose Creek, at a cost of $438,120;

The CCSWD and the USDA-NRCS was awarded $298,949 through the EQIP grant with a requirement for local funding participation in the amount of $139,171 to finance the remaining portion of the project; !

The Ralph C. Sheldon Foundation and the Chautauqua Watershed Conservancy have realized the importance of this project and have committed $80,000 and $10,000, respectively toward the local participation requirement;

The landowner Mr. Jeff Carlson has committed approximately $5,000 in matching funds for an additional Conservation Reserve Enhancement Program grant; The 2014 budget includes $245,500 for Lakes and Waterways projects of which $108,550 has not yet been assigned, and this project meets the criteria for use of these funds; Chautauqua County pledged up to $50,000 from the 2014 2% Occupancy Tax Lakes and Waterways Project account to fulfill the local participation requirement for the USDA-NRCS EQIP grant, contingent on the remaining match funding being committed to the project and the landowner committing to the Conservation Reserve Enhancement Program grant once the project has been completed. Estimated erosion from this site is 6600 tons of soil per year. Visualize nearly 1000 dump trucks

Authorize Allocation of 2% Occupancy Tax Reserve Funding in Support of the Creation of the Chautauqua Lake & Watershed Management Alliance

Chautauqua County Legislature authorized the execution of a memorandum of understanding to support the formation of the Chautauqua Lake & Watershed Management Alliance because Chautauqua Lake is an invaluable asset whose health and usability has been threatened by numerous factors, and establishing a legal entity, whose primary mission is to prioritize projects recommended in the Chautauqua Lake Watershed Management Plan and the Macrophyte Management Strategy, would greatly benefit the future of Chautauqua Lake; In addition to the County’s endorsement of support, memorandums of understanding supporting the Alliance have been pledged by a majority of the future members including foundations, municipalities, watershed organizations and other stakeholders; The Ralph C. Sheldon Foundation pledged $50,000 for the first year of operations which is to be matched with County funding, and the Reg Lenna Foundation pledged $100,000/year for two (2) years; It is essential during its formation stage, and for its long-term survival, that the County pledges seed funding to match the Ralph C. Sheldon Foundation and other local funding to support the formation of the Chautauqua Lake & Watershed Management Alliance; the balance of the reserve for 2% Lakes and Waterways Reserve is $471,458, and this project meets the criteria for use of these funds; Chautauqua County, through the Reserve for 2% Occupancy Tax Lakes and Waterways, pledged $50,000 supporting the creation of the Chautauqua Lake & Watershed Management Alliance

Land bank

New York State’s land bank legislation was enacted to address the negative impacts of distressed or at-risk structures and abandoned vacant property in New York’s communities. The County transferred six (6) tax foreclosure properties to the Chautauqua County Land Bank Corporation in its first year (2012), and transferred twelve (12) properties to the Land Bank in its second year (2013). The Chautauqua County Land bank established a purchase price of $1/property early on in its establishment so that properties could be sold at a low enough price (60% of appraised value) to the right purchaser/developer so that they could make the investment required to bring the properties up to code, and so the Land Bank could realize some “profit” so that it could be self-sustaining. The Land Bank is acquiring properties based on a 3:2:1 formula where “3” in the number of “A” properties, “2” is the number of “B” properties and “1” is the number of “C” properties. The mission of the Land Bank is to have enough equity in the “A” properties (still have some level of equity remaining in them) to invest in the “B” properties (low value/break even properties) and C Properties (must be demolished). They believe that they can become self-sustaining as they enter into year 4 or year 5 (they are in year 3 now), at which time they could look at paying something for the A properties. This year we transferred 18 properties ($1 each) with total taxes owing of $155K, and total assessed value of $730K. I supported the resolution to transfer of tax foreclosure properties to the Land Bank this year, but I will not support any further property transfers to the Land Bank for less than the taxes owed value. I fully support the Land Bank concept, but I expect after three years it will henceforth operate on a self-sustaining basis without an off-balance sheet subsidy from the County.

Mr. Sena indicated that he has a problem with the renovation contracts for the land bank homes going to out of state contractors.

Airports

The local share cost of operations of the Jamestown airport per year, average over the last 10 years, has been $697K. The local share cost of operations of the Dunkirk airport per year, average over the last 10 years, has been $138K. Qualified capital projects are funded 90% Federal, 5% State, and 5% local share. The local share cost of capital projects average over the last 10 years has been $42K for the Dunkirk airport and $111K for the Jamestown airport.

TMDL

I have convened a meeting of the Environmental Subcommittee of the Legislature on August 20 to review the Status Report produced by the Chautauqua County Water Quality Task Force on the implementation of phosphorus management strategies recommended in the TMDL for Chautauqua Lake. Our goal is to make recommendations to the Legislature for action. Possibilities include increasing the number of farms in the watershed participating in the Agricultural Environmental Management program, increasing the installation and maintenance of erosion control practices both during and after any soil disturbance by County or municipal highway departments within the Chautauqua Lake watershed, and the formation of a management district, or establishing a surveying and testing program to document the location of septic systems and verifying failing systems requiring replacement, or creating a voluntary septic system inspection and maintenance program or a septic system local law requiring inspection and repair for the areas in the watershed without a realistic prospect of being connected to a sewer system.

Conservation and the Quality of Our Waters: A Field Day for Chautauqua County Legislature The Chautauqua County Soil and Water Conservation District will be welcoming Congressman Tom Reed to Chautauqua County on Monday, August 25th. At this event they will showcase water quality improvement projects implemented by both the Conservation District and the USDA Natural Resources Conservation Service (NRCS). Staff will provide an informational field tour to generate awareness of what local, state and federal funding has accomplished in Chautauqua County. The event will bring together the Chautauqua County Legislature and stakeholders concerned with water quality in the County. After an introduction by Congressman Reed, attendees will visit three sites on the north end of Chautauqua Lake. These sites will demonstrate water quality management techniques including streambank stabilization, shoreline restoration and agricultural water quality practices.

CELEBRATE THE LAKE BREAKFAST

August 23 Bemus Point Casino – 9:00 am until noon The Chautauqua Lake & Watershed Management Alliance, currently in its formative stages, invites you to the Celebrate the Lake Breakfast at the Village Casino in Bemus Point on Saturday, August 23. Several experts on Chautauqua Lake will be giving talks at the event on the ongoing efforts aimed at improving the lake’s utility while protecting it as an important environmental asset of Western New York. Numerous lake-based organizations will also be present to answer any of your questions pertaining to Chautauqua Lake. This event is co-sponsored by the Chautauqua Lake Partnership, Chautauqua County Visitors Bureau, and Chautauqua County Department of Planning & Economic Development.

RANDY HOLCOMB, ASSESSOR

Mrs. Carlson said the report indicated that there are no small claims on assessment. She said we have been notified that our equalization rate is 100%.

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

Mr. Strickland said they have done full width of oil and stone this year vs. bar patching as they have done in the past. He said it went well and they have 2 miles left of the 7 they wish to finish. He said the weather has made everything a challenge and created lots of drainage problems. He said they will finish up the CHIPS funding paving Alexander Rd. 3/10th mi. and finish Cheney Rd. 6/10th mi. He said the county is going to pave for us.

HOWARD PEACOCK, JUSTICE (Copy of Report in Minute Book)

Mr. Peacock read the Justice report for the month of July, 2014 for those present.

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

Mr. Lawson discussed the fireworks that were launched from the barge at Bemus Pt. and indicated that he has no authority or jurisdiction on the lake. He reviewed his written report for those present. He said the Carlton Homes Project has been held up for lack of a SPEDES application. There was discussion of the roof over projects at Lakeside campground. There was discussion that these improvements are not assessed by the assessor at his discretion.

NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)

Mrs. Thomas said she had nothing further to add to her written report.

• MOTION # 98 OF 2014

MR. STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. AYE (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY:(0),CARRIED.

SALLY P. CARLSON, SUPERVISOR (Copy in Minute Book) Mrs. Carlson thanked Brenda White for donating day lilies to be planted at Veteran’s Park.

• MOTION # 99 OF 2014

MR. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR. SENA SECONDED. AYE (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY:(0), CARRIED.

• MOTION # 100 OF 2014

MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE AMOUNT OF $41,891.54 AS REVIEWED AND AUDITED EARLIER. MR.MCNEILL SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY:(0).CARRIED.

• MOTION # 101 OF 2014

MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE AMOUNT OF $84,598.38 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY(0). CARRIED.

• MOTION # 102 OF 2014

ON A MOTION MADE BY MR. STOW AND SECONDED BY MR. SENA, THE MEETING WAS ADJOURNED AT 8:15 PM.

Nancy M. Thomas

Town Clerk