TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 11/10/2014, 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 / Everett Bensink, Justice; Louis Rieg, Planning Board; Brad Lawson, Zoning C.E.O.; Clayt & Helen Emick; Nancy Thomas, Town Clerk
PLEDGE
MINUTES 10/6/2014 & BUDGET HEARING 11/05/14
MOTION # 134 OF 2014
MR. SENA MOTIONED TO ACCEPT THE MINUTES OF THE 10/06/14, MEETING WITH THE FOLLOWING CORRECTION (page 6. Paragraph 1: Change Mr. Sarecki to Mr. McCord); MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 135 OF 2014
MR. STOW MOTIONED TO ACCEPT THE 11/05/14, MINUTES OF THE PUBLIC HEARING ON THE 2015 BUDGET AS PRESENTED BY THE TOWN CLERK. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
ANNOUNCEMENTS:
Mrs. Carlson noted the following absences: Legislator Chagnon in attendance at a Legislative meeting; Mr. Strickland out due to back problem; and Mrs. Miller out due to a death in the family.
PLANNING BOARD & TOWN BOARD MEETING TUES. 11/11/14, 7:00 PM TO DISCUSS PROPOSED SUBDIVISION LAW
PUBLIC COMMENT:
CORRESPONDENCE:
1. NYS-DOT – SNOW AND ICE CONTROL – List of Snow and Ice Control Phone numbers
2. NYS-DOT – 10/14/14 Letter re Request for Elimination of Seasonal Speed Limit on Rt. 394 –
Traffic engineering investigation initiated
3. ASSOCIATION OF TOWNS (AOT) – Dues for 2015 $800.00
– Training School Feb. 15-18, 2015
– Information on Electric suppliers
Mrs. Carlson said the AOT had sent a letter on utility suppliers that might provide reduced rates on electric and natural gas supply to a Municipal Energy Pool. They currently have over 50 towns interested in participating in the pool. She said this could be discussed further at the December meeting.
4. ASHVILLE FREE LIBRARY – Invitation to Ribbon Cutting/Open House 11/22/14 2-4:00 PM
5. NEW YORK STATE RETIREMENT – Confirmation that payment will be $85,019.00 for 2015
6. ASSESSOR – LIST OF PROPERTY TRANSFERS FOR 9/2014
OLD BUSINESS
CONFIRMED THAT BUDGET AMOUNT FOR 2015 2% IS CORRECT
ROOF AT LIGHTHOUSE PARK BUILDING
– Jamestown Roofing – $5,230 (shingle & drip edge or + $1,240 for metal roof)
– Paramount – $6,850 (shingle or $13,600 for metal)
Mr. Sena said he had called several different roofing companies and these were the only two that had responded. He said he felt this was due to the Davis-Bacon Act regarding prevailing wage. There was discussion of the astronomical cost of roofing such a small structure under the prevailing wage law. Mr. Sena said he would personally go with the shingle roof.
There was discussion as to whether there is a dollar figure attached to the requirement for using prevailing wage. Mr. Stapleton said he would check into that.
MOTION # 136
MR. WHITNEY MOTIONED TO TABLE DISCUSSION OF THE ROOF AT THE LIGHTHOUSE PARK BUILDING FOR FURTHER INFORMATION. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
WEBSITE UPDATE
Mrs. Thomas said she had received 3 samples from Tint Press for the new website configuration. These were reviewed by the board and the one with the lighthouse was preferred. She said the board had also indicated that they had liked the scrolling photo’s of town locals and events that is on the current web home page and she would discuss with Ms. Gleason if it is possible to keep this feature.
O’BRIEN AND GERE – Integrated Sewage Management Plan for Chautauqua Lake
Mrs. Carlson said she had not attended the meeting today on the Integrated Sewage Management Plan, but it has been completed and she will provide information as it becomes available to her.
EMPLOYEE HANDBOOK RECOMMENDATIONS
Mrs. Carlson said the Highway Committee (Frank Stow, Ralph Whitney and Sally Carlson) met with the Highway Department employees on two occasions: one for outlining changes to the handbook and one to review employee complaints about changes. The committee has made the following recommendation for changes to the handbook which was adopted 9/16/14.
1. Article 7 – p. 17 – eliminate the last sentence “All new employees hired full time after 10/1/2014 shall accrue 4 hours of sick leave per month”.
Mrs. Carlson said the committee is suggesting that all highway employees be allowed to accrue 8 hours of sick leave per month.
Mr. Sena asked if the 8 hours applies to all new hires from this time forward.
Mrs. Carlson said yes, that is what the committee wants.
MOTION # 137 OF 2014
MR. WHITNEY MOTIONED TO ADOPT THE FOLLOWING CHANGE TO THE EMPLOYEE HANDBOOK; ARTICLE 7 – P. 17 – eliminate the last sentence “All new employees hired full time after 10/1/2014 shall accrue 4 hours of sick leave per month”. MR. STOW SECONDED.
Discussion:
Mr. Sena asked for an explanation as to why the change for new hires (4 hr. SL per month) was being eliminated.
Mr. Stow said because it is not fair to the new hire that he only get 4 hrs. sick leave/month.
Mr. Sena said why not change the date to include the new hire in the 8 hour bracket and go forward with the 4 hour time for the future.
Mr. Stow said he felt it was only fair that they get at least 8 hours of sick time each month. He said there are a lot of public employers that give 12 hours per month.
Mr. Whitney agreed with that.
Mr. McNeill said a lot of employees in the private sector receive 4-6 days per year and he feels that is more reasonable.
Mr. Sena said the number of holidays, personal days, and other benefits they receive are substantial.
It was discussed that sick days carry over from year to year and they can accrue an indefinite amount; up to 800 hours (or 100 days) of sick leave (previously was 1,200 hrs.) will be paid in a lump sum payment at retirement or may be used toward health insurance benefit payments at retirement.
Mr. Sena said we need to look to the future and he would concede that the change to 4 hours sick leave should not include our most recent employee, but should be kept in place going forward.
Mrs. Carlson called for a vote.
YES (3): WHITNEY, STOW, CARLSON. NO (2): SENA, MCNEILL. THE MOTION WAS CARRIED.
2. Article 13 – P. 19 – change the to a “TERMS: Employee must purchase through a town account, visible layer clothing”.
MOTION # 138 OF 2014
MR. MCNEILL MOTIONED TO ADOPT THE FOLLOWING CHANGE TO THE EMPLOYEE HANDBOOK AS FOLLOWS: Article 13 – P. 19 – change the to a “TERMS: Employee must purchase through a town account, visible layer clothing”. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
3. Article 14 – P. 19 – eliminate the last sentence “This benefit is eliminated for all employees hired after 12/31/2013”.
TOWN BOARD
MOTION # 139 OF 2014
MR STOW MOTIONED TO ADOPT THE FOLLOWING CHANGE TO THE EMPLOYEE HANDBOOK AS FOLLOWS: Article 14 – P. 19 – eliminate the last sentence “This benefit is eliminated for all employees hired after 12/31/2013”. MR. WHITNEY SECONDED.
Discussion:
Mrs. Carlson said this was for longevity.
Mr. Sena said we should just change the date to include all current employees but eliminate it for future hires. He said that he doesn’t think public employees should receive bonuses.
Mr. Whitney said he doesn’t feel its right to single out one or two employees and it really does not save the taxpayer that much money.
Mrs. Carlson said the highway employees view the changes as an insult to them and the job they do.
There was a brief discussion on benefits.
Mr. Emick commended Mr. Sena on his position regarding the benefits.
Mr. Sena said basically everything that was discussed and adopted in the handbook was reversed with the exception of the 800 hrs. vs. 1,200 hrs. of sick leave that can be accrued. He said as a private sector employer he looks at things differently and feels government style benefits are out of line with the rest of the working public. He said the concessions are miniscule and we are not attacking their retirement or pay.
Mr. Whitney said these concessions were not small in the eyes of the workers. He said this is not the private sector.
Mrs. Carlson called for a vote.
YES (3): WHITNEY, STOW, CARLSON. NO (2): SENA, MCNEILL. THE MOTION WAS CARRIED.
NEW BUSINESS:
DITCH ON WATSON RD. – Put in New Pipe – Topography of Ditch
Mrs. Carlson said there had been a request that the ditch on Watson Rd. be adjusted and new pipe put in through a private ROW. She said she does not yet have any type of approval from the land owner. She asked Mr. Stapleton if there was any type of form for this type of property owner approval.
Mr. Stapleton said usually we do up some type of temporary easement that they execute.
Mrs. Carlson said she thinks the easement would need to be permanent and asked Mr. Stapleton to please provide a format for this.
Mrs. Thomas said the town currently has a permanent easement on file for Sheila Saxton’s property in Ashville.
Mr. Stapleton said if he has the property identification and the owner’s information he can put something together.
Mrs. Carlson said the property owner is Dave Groth and it is about 1/3 rd of the way down on the lakeside of Watson. She said the pipe would go under the road and down through his property.
Mr. Stow said there is one up on the corner, but it runs down by Lakeside Auto Court. There was discussion of whether or not that one was working properly. Mr. Stow asked if this other pipe would alleviate the problem by directing the water there.
Mrs. Carlson said she did not think the other pipe was working properly. She gave a description of the way this one would work.
There was general discussion of the area, the creek and flood issues at Mr. Russo’s.
Mr. Stow said installation of a pipe will probably relieve the standing water in the ditch there, but he doesn’t feel it would help in a flood situation.
Mrs. Carlson agreed.
Mr. Lawson said that the creek there is constantly changing and what it affected in a flood 2 years ago may not be what is affected in the next flood. He said there are compound issues in that area.
Mr. Stow said he finds it very irritating that the residents dump their yard waste, etc. in the ditch until it fills up and then complain when it overflows when it rains.
Mrs. Carlson said she would speak to Dave Groth about a permanent easement.
BOCES SEWER ROAD PUSH BAN – Payment due 11/28/2014 / Renew BAN
Interest due $3,521.59
Bond Amt. $115,783.64
Tot. due $119,305.23
MOTION # 140 OF 2014
MR. MCNEILL MOTIONED TO AUTHORIZE THE SUPERVISOR TO ENTER INTO CONTRACT AND SIGN ANY AND ALL DOCUMENTS FOR THE PAYMENT DUE ON 11/28/2014 AND RENEWAL OF THE SERIES 2013 BOCES SEWER ROAD PUSH BAN AT PREVAILING INTEREST RATES:
MATURED BOND: $115,783.64
INTEREST DUE: +$ 3,521.59
TOTAL DUE 11/28/14 $119,305.23
PAYMENT PRINCIPAL -$ 9,865.41
PAYMENT INTEREST -$ 3,521.59
2014 PRINCIPAL
RENEWAL AMT. $105,918.23 (due 11/2015)
MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson noted that this BAN is paid for entirely by BOCES in their tax bill.
RE-APPOINTMENT OF CLAYTON EMICK TO BOARD OF ASSESSMENT REVIEW
MOTION # 141 OF 2014
MR. WHITNEY MOTIONED TO RE-APPOINT CLAYTON EMICK TO THE BOARD OF ASSESSMENT REVIEW, EFFECTIVE 10/1/2014 – 9/30/2019. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
REPORTS:
HOWARD PEACOCK / EVERETT BENSINK, JUSTICE’S (Copy in Minute Book)
Mr. Bensink read the October Court report for those present. There was discussion of new fees / surcharges attached to parking and other violation tickets which go directly to the state.
BRAD LAWSON, ZONING C.E.O. (Copy in Minute Book)
Mr. Lawson said a new home is going up in Sunrise Cove. He said permits are down for this year.
He gave a brief overview of his report. He said he had received the plot plan for the Bootey Bay property and will be happy to share it with the board. He said their current lot plan would require no variances.
NANCY THOMAS, TOWN CLERK (Copy in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
MOTION # 142 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 of Report in Minute Book)
Mrs. Carlson said that she, Mr. Stapleton, Mr. Rieg and Mrs. Ortman had all attended the STW Fall Planning and Zoning Conference at Chautauqua Suites. She said the conference was very interesting.
MOTION # 143 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 # 144 OF 2014
MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE AMOUNT OF $42,659.25 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY:(0).CARRIED.
MOTION # 145 OF 2014
MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE AMOUNT OF $18,871.32 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL SECONDED. AYE (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY(0). CARRIED.
MOTION # 146 OF 2014
ON A MOTION MADE BY MR. MCNEILL AND SECONDED BY MR. STOW, THE MEETING WAS ADJOURNED AT 8:00 PM.
Nancy M. Thomas
Town Clerk
