TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 10/6/2014, 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: Pierre Chagnon, Legislator; Dave Stapleton, Attorney; Dan Strickland, Highway Superintendent; Howard Peacock / Everett Bensink, Justice; Robin Miller, Bookkeeper; Clayt & Helen Emick; Nancy Thomas, Town Clerk
MINUTES: 09/02/2014; 09/08/2014; 09/16/2014 :
MOTION # 118 OF 2014
MR. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 9/2/14; 9/8/14 AND 9/16/14 TOWN BOARD MEETINGS AS PRESENTED BY THE TOWN CLERK. MR. STOW SECONDED. YES (4); STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
ARTICLES FOR THE FALL NEWSLETTER – Please turn in to Mrs. Carlson by 10/27/14
SPAGHETTI DINNER TO BENEFIT JOE PASCOE: LAKEWOOD UMC, SAT. 10/11/14, 5:00-6:30 PM
1. STW – STORMWATER MANAGEMENT CONFERENCE 10/23/14, 9:00 AM – 3:15 PM
2. MARK I. ADAMCHECK, CPA – Request for proposals to provide audit
3. MICHAEL KOSINSKI – Letter re use of town building at four corners Ashville
4. ASSOCIATION OF TOWNS (AOT) – Personnel School – Town of Amherst Friday 11/14/14
5. TIME WARNER
6. ASSESSOR – AUGUST PROPERTY TRANSFERS
– TOTAL TAXABLE VALUATION TONH $267,820,836
7. ASHVILLE FIRE DISTRICT – 2015 PRELIMINARY BUDGET Received
8. NYMIR – Letter indicating rates will be the same for 2015 insurance
9. NYS – COMPTROLLER – Letter Re New filing requirements for 2% Tax Cap
Mrs. Carlson reviewed the letter for those present. It referenced Chapter 59 of the laws of 2014 which implements the tax freeze credit for local governments. Tax payers that reside within a freeze compliant taxing jurisdiction will receive a credit to offset any increase in their property taxes. To be considered compliant the jurisdiction must remain within the 2% tax cap levy limit. Certification must be filed with the Comptroller’s office no later than 1/21/15 by the Chief Fiscal Officer. More detailed information will be forthcoming from OSC.
10. HOSPICE OF CHAUTAUQUA COUNTY – Hospice will have only one location for Light of Life Trees this year – No community trees due to coordination difficulty
RT. 394 SPEED LIMIT
Mrs. Thomas said she had sent a letter on 9/30/14, to NYS-DOT Regional Traffic Engineer, Thomas Messana in Buffalo requesting that the speed limit on Rt. 394 be 55 mph year round. She said she had talked to Mr. Borgese in that office and he indicated that NYS DOT tended to go with the recommendations of the municipality where a state road is located in regard to speed limits. He also indicated that the Town of Chautauqua had also requested the same change to the speed limit.
WEBSITE UPGRADE – FIRE DISTRICT MINUTES?
Mrs. Thomas said she did not know what was meant by the Fire District Minutes as no one had spoken about it to her. She said the changes to the website have been scheduled for sometime in November with Tint Press.
Mrs. Carlson and Mr. Lawson had a brief discussion on this.
Mrs. Thomas questioned whether or not people would know to go to the Town of North Harmony Website to get Fire District Minutes. Mrs. Thomas said perhaps Mr. Lawson or Mrs. Carlson could put something in the newsletter advising residents of this.
Mrs. Carlson said a draft of the integrated sewage management plan had been presented at the meeting. She said it is available in her office for review for those interested.
SALARY FOR DCO (John/Brittany Stow)
Mrs. Carlson said Mrs. Grover had resigned last month as DCO and John and Brittany Stow had been appointed as DCO. She said this needs to be a singular appointment. She suggested that we ask Frank Stow to remain as deputy. It was expressed that both John and Brittany have a great deal of experience with dogs. There was discussion of NYS retirement and which one would be eligible.
Mrs. Thomas suggested that they could contract with Frank if they wished to take a vacation, etc.
Mrs. Carlson read the specifications (Powers and Duties of the DCO) for the position as they were provided to the applicants.
Mr. Emick asked if violation fees cover the cost of the DCO.
Mrs. Thomas said no but together with the licensing fees collected by the town the costs are mostly covered.
Mrs. Emick asked about the hours involved in the job and how that relates to retirement.
Mrs. Thomas gave a brief description of the retirement reporting process.
There was further general discussion of the accessibility of the DCO to the public.
Frank Stow agreed to assist the DCO in the event either he or his deputy is unavailable.
MOTION # 119 OF 2014 AMENDING MOTION # 110 OF 2014
MR. SENA MOTIONED TO APPOINT JOHN STOW AS DOG CONTROL OFFICER EFFECTIVE 10/6/14 – 12/31/14; FURTHER MOTIONED THAT BRITTANY STOW BE APPOINTED AS DEPUTY DCO EFFECTIVE 10/6/14 – 12/31/14. MR. MCNEILL SECONDED.
YES (4); STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
MOTION # 120 OF 2014
MR. SENA MOTIONED THAT THE FOLLOWING BE ADOPTED AS THE SALARY/FEES FOR THE DCO POSITION:
$100.00 PER MONTH ($1,200 / YR.)
$12/HR. DURING ACTIVE PERFORMANCE OF DUTIES (I.E. PICK UP DOGS, ISSUE SUMMONS, ETC.)
$5/PER DAY FOR EACH DOG HOUSED IN THE KENNEL
MILEAGE AS ESTABLISHED IN THE YEARLY REORGANIZATION SCHEDULE
FURTHER MOTIONED THAT THE DCO IS REQUIRED TO PROVIDE A MONTHLY REPORT TO THE TOWN BOARD EITHER PRIOR TO OR NO LATER THAN THE DATE SET FOR THE MONTHLY BOARD MEETING. MR. MCNEILL SECONDED. YES (4); STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
MOTION # 121 OF 2014
MR. SENA MOTIONED THAT THE FOLLOWING BE ADOPTED AS THE HOURLY RATE FOR THE DEPUTY DCO POSITION:
$12/HR. DURING PERFORMANCE OF DUTIES WHEN DCO IS UNAVAILABLE
MILEAGE AS ESTABLISHED IN THE YEARLY REORGANIZATION SCHEDULE
MR. MCNEILL SECONDED. YES (4); STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
PRESENT PRELIMINARY BUDGET AND SCHEDULE BUDGET HEARING
MOTION # 122 OF 2014
MR. STOW MOTIONED TO HOLD A PUBLIC HEARING ON THE 2015 PRELIMINARY BUDGET ON WEDNESDAY, 11/5/2014, AT 7:00 PM. MR. SENA SECONDED. YES (4); STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
MICHAEL KOSINSKI – Request to rent Ashville Building $100/month plus lawn care
Mrs. Carlson said Mr. Koskinsi’s letter indicated he is looking for something he can use for storage and eventually he would like to work on projects there. She said she doesn’t feel that would benefit the town because it would have to go back on the tax roll and there could be insurance issues.
MOTION # 123 OF 2014
MR. STOW MOTIONED TO RENT THE ASHVILLE BUILDING OWNED BY THE TOWN TO MICHAEL KOSINSKI FOR $100/MONTH, PLUS LAWN CARE. MR. SENA SECONDED.
Mr. Sena said he felt there were too many issues involved (i.e. liability, proximity to Goose Creek).
Mr. McNeill said he indicated interest in purchasing it.
Mrs. Carlson said it is not a legal size building lot and there are drainage issues.
Mr. Lawson said there would be issues with operating a business there if that evolved.
YES (0): NO (4): STOW, SENA, MCNEILL, CARLSON. THE MOTION WAS DEFEATED.
Mr. Sena asked what the building could be used for.
Mrs. Carlson said basically if the town wants to store something (picnic tables, etc.) it can be used for that purpose.
Mr. Stow said the drainage situation there is hazardous.
LETTER TO NYS DOT ABOUT RT. 394 IN STOW
Mrs. Carlson said we have received a number of complaints about the work the DOT has done on Rt. 394 at the Stow overpass.
Mr. Sena said they keep telling us there is no money in the budget and they keep putting band aids on the situation and it is really a hazardous area. He said there are chunks of concrete coming up from the road that are being thrown by vehicles.
Mrs. Thomas said the town sent them letters last year. She said perhaps if we included that it is a gateway to Chautauqua Institution that would help.
Mrs. Carlson said this is one of the busiest intersections on I-86. She said perhaps we need to be the squeaky wheel.
Mr. Chagnon suggested that Andy Goodell be contacted about the problem.
MOTION # 124 OF 2014
MR. SENA MOTIONED TO SEND A LETTER TO NYS-DOT REGARDING THE HAZARDOUS CONDITIONS ON ROUTE 394 AT THE STOW INTERSECTION AND REQUEST THAT THEY PLACE HIGH IMPORTANCE ON THE REPAIR OF THIS ROAD. FURTHER, THAT COPIES OF THIS LETTER BE FORWARDED TO SENATOR YOUNG AND ASSEMBLYMAN GOODELL REQUESTING THEIR HELP. MR. MCNEILL SECONDED. YES (4); STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
Mrs. Emick suggested an article in the newsletter about the condition of Rt. 394 and perhaps a petition that residents could sign.
Mrs. Carlson said that was a good idea.
SCHEDULE MEETING WITH PLANNING BOARD Tuesday, 11/11/14, 7:00 PM
Mrs. Carlson said the Planning Board would like to get together with the Town Board to discuss the Subdivision Law that they have been working on.
MOTION # 125 OF 2014
MR. MCNEILL MOTIONED TO SCHEDULE A MEETING BETWEEN THE TOWN BOARD AND THE PLANNING BOARD TO DISCUSS THE PROPOSED SUBDIVISION LAW ON TUESDAY, 11/11/2014 AT 7:00 PM. MR. SENA SECONDED. YES (4); STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
TOWN OF NORTH HARMONY FISCAL STRESS SCORE FOR 2013 IS 22.5%
ANDREW POST – PERMANENT APPOINTMENT AS M.E.O.
Mrs. Miller said that Andy Post had completed his probationary period. Mr. Strickland said that although he had not completed his written review yet he highly recommended that he be permanently appointed as a M.E.O.
MOTION # 126 OF 2014
MRS. CARLSON MOTIONED TO APPOINT ANDREW POST TO A PERMANENT M.E.O. POSITION WITH THE HIGHWAY DEPARTMENT EFFECTIVE 10/7/14, AND FURTHER AUTHORIZED A $1/HR. PAY INCREASE AS OUTLINED IN THE EMPLOYEE HANDBOOK. MR. STOW SECONDED. YES (4); STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said it had been a pretty quiet month in the Legislature as they had been working on the budget. He said the tentative budget shows only a 1% increase but the goal is to hold the rate flat so they continue to work on it. He reported that the following had occurred at the September meeting:
Appointed Robert Franzen, Busti-Sugar Grove Road, to the Chautauqua County Parks Commission.
Appointed Dr. Lillian Vitanza Ney, Jamestown, to the Chautauqua County Board of Health.
Extended the lease of the Jamestown Airport restaurant to Michelle Johnson for 2 more years.
Sold three tax foreclosure properties remaining unsold from the tax auction to Southern Tier Environments for Living at 100% of appraised value.
Sold one tax foreclosure property remaining unsold from the tax auction, which had been involved in a protracted bankruptcy for several years while taxes continued to accrue and the property continued to deteriorate, for $6000 while taxes owing were over $58,000.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the highway department is winding down a busy summer. He said they will try to get the apron on the highway building poured by the end of October weather permitting.
There was discussion with Mr. Sena on the time needed for the concrete to cure on the apron.
HOWARD PEACOCK / EVERETT BENSINK, JUSTICE (Copy in Minute Book)
Mr. Bensink read the court report for those present.
Mr. Peacock thanked the board for the opportunity to attend the Magistrates conference and said that he and Mrs. Peacock had attended many seminars of interest including one on Zoning Code Enforcement which will be helpful to them in the future.
BRAD LAWSON, ZONING C.E.O. (Copy in Minute Book)
Mr. Lawson reviewed his written report for those present. He indicated that he had spoken to Dave Heckman, ISO who had done the rating on the town and Mr. Heckman indicated that the 9 rating would not be posted at this time. He said it is a temporary rating which will change when the new codes are adopted by NYS (hopefully by the end of the year). He also stated that he had meetings with entities involved with both Bootey Bay and Grandview properties. He said these are in the early stages.
There was discussion of encouraging growth of the water/sewer lines for the Grandview property if it is developed. There was also discussion of the truss law for new building in NYS.
10/6/14 (Pg. 6)
Mr. Sena said he wanted to go on record about the Carlton Homes project at Ashville Bay. He said he had spoken to Mr. Sarecki and he had indicated that his engineer, county planning and soil and water had all told him it was not a feasible project the way he wanted to do it. Mr. Sena said that is the reason the project did not go forward.
NANCY THOMAS, TOWN CLERK (Copy in Minute Book)
Mrs. Thomas said she had already covered everything earlier and had nothing further to add to her written report.
MOTION # 127 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 of Report in Minute Book)
MOTION # 128 OF 2014
MR. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR.
SENA SECONDED. AYE (4); STOW, SENA, MCNEILL, CARLSON; NAY:(0),
MOTION # 129 OF 2014
MR. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $30,283.12 AS REVIEWED AND AUDITED EARLIER. MR.STOW
SECONDED. AYE (4): STOW, SENA, MCNEILL, CARLSON; NAY:(0).CARRIED.
MOTION # 130 OF 2014
MR. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $134,459.06 AS REVIEWED AND AUDITED EARLIER. MR. SENA
SECONDED. AYE (4); STOW, SENA, MCNEILL, CARLSON; NAY(0). CARRIED.
Mr. Emick asked Mr. Chagnon a question about the county budget and Mr. Chagnon said he would try to get the answer for him. He also asked what the value of the assessment on tax exempt lake properties add up to (i.e. parks; CWC, etc.). He was advised that the Assessor would probably have a better idea of that information.
MOTION # 131 OF 2014
ON A MOTION MADE BY MR. SENA AND SECONDED BY MR. STOW, THE MEETING WAS ADJOURNED AT 8:09 PM.
Nancy M. Thomas