TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 1/12/2015 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: Pierre Chagnon, Legislator; Louis Rieg, Planning Board; Dan Strickland, Highway Superintendent; Howard Peacock / Ev Bensink, Justice; Brad Lawson, Zoning C.E.O.; Dave Stapleton, Attorney; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk
- PLEDGE OF ALLEGIANCE
- MINUTES: 12/08/14 and 12/29/14 YEAR END
- MOTION # 1 OF 2015
- MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 12/08/14 AND 12/29/14 BOARD MEETINGS AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- PUBLIC COMMENT:
- REMINDER – Oaths of Office
- CORRESPONDENCE:
- NYS-DEC ltr. Dtd. 12/12/14 – NYS Law Prohibiting the placing/disposing of any electronic waste in solid or hazardous waste facilities (must be disposed of at free recycling stations)
There was discussion on where these items are accepted (i.e. county run transfer stations, etc.). Mr. Stow suggested that something be put on the town website advising people where they can recycle these items.
- NYS – DEC – Request for Annual Transfer Station report by 3/2/15
Mrs. Thomas has forwarded the request to Beichner Waste for completion.
- NYS PUBLIC SERVICE – 1/9/2015 Letter re Reforming Energy Visions (REV)
- TIME WARNER CABLE – Certificate of Liability Insurance received
- NYS AOT – Annual Conference 2/15-18/15 in NYC – Proxy Vote?
- CHAUTAUQUA COUNTY FINANCE – Report of all monies remitted to North Harmony 2014
TOWN BOARD
1/12/2015 (Pg. 2)
- MOTION # 2 OF 2015
- WHITNEY MOTIONED TO AUTHORIZE REBECCA HAINES, TOWN CLERK ELLERY, TO CAST THE VOTE FOR THE TOWN OF NORTH HARMONY AT THE ANNUAL NYS AOT CONFERENCE BUSINESS SESSION. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- OLD BUSINESS:
- HAZZARD PROPERTY AT WOODLAWN
Mr. Lawson said there is nothing new on the Hazzard property.
- PREVAILING WAGE
Mr. Stapleton said he had done some research on the prevailing wage laws and could find nothing that allows for exceptions to that law for smaller contracting projects.
- NEW BUSINESS:
- REORGANIZATION SCHEDULE 2015
Mrs. Thomas said she had not received a copy of the reorganization schedule.
Mrs. Carlson said Robin’s hourly rate had not been filled in on the schedule and she thinks she should get $16.00/hr because of the amount of responsibility she has and she feels she deserves it.
- RYAN HINSDALE – APPOINTMENT HIGHWAY M.E.O.
Mrs. Carlson said that Mr. Hinsdale had started as a temporary highway employee in April, 2014. She said she would like to make his employment status permanent as of 1/1/2015 at a rate of $16/HR ($24/OT) since he has already served more than the 6 month probationary period required.
Mr. Strickland said that Mr. Hinsdale has been an asset to the department and has many skills (i.e. mechanically talented, fabricating, holds many equipment operation certifications, etc.) that will benefit the town. He said he is a hard worker and gets along well with others.
- MOTION # 3 OF 2015
- SENA MOTIONED TO APPOINT TEMPORARY HIGHWAY EMPLOYEE RYAN HINSDALE TO A PERMANENT POSITION AS HIGHWAY M.E.O. AT A RATE OF $16/HR ($24/OT) EFFECTIVE 1/1/2015 AND FURTHER TO WAIVE THE 6 MONTH PROBATIONARY EMPLOYEE PERIOD AS HE SERVED IN A TEMPORARY STATUS LONGER THAN THAT PERIOD. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson also suggested that Diana Bean receive a $.25 raise which would make her hourly rate $10.85.
Mr. Sena asked if this should have been taken care of when we adopted the 2015 budget. He said he thought we did all those raises at that time.
Mrs. Carlson said these needed to be approved now. She said they were all budgeted except Mrs. Miller’s which hadn’t been discussed.
Mrs. Carlson said she would entertain a motion to accept the salaries and appointments as corrected and presented in the attached Reorganization Schedule.
- MOTION # 4 OF 2015
- STOW MOTIONED TO ADOPT THE 2015 SALARIES AND APPOINTMENTS AS PRESENTED IN THE 2015 RE-ORGANIZATION SCHEDULE. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- PENNY BEST – RESIGNATION BOARD OF ASSESSMENT REVIEW
Mrs. Carlson said that Penny Best has resigned from the BOAR. She said she had thought she was taking a one year leave of absence, but she has resigned. She said the board will need to find a replacement.
- 2014 YEAR END FUND TRANSFERS (List included in Minute Book)
Mrs. Carlson read the list of 2014 Highway Fund and General Fund transfers for those present.
- MOTION # 5 OF 2015
- WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND 2014 YEAR END TRANSFERS IN THE AMOUNT OF $40,114.38. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 6 OF 2015
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND 2014 YEAR END TRANSFERS IN THE AMOUNT OF $29,133.20. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- APPOINTMENTS TO BOARDS:
- JAMES LEVESQUE – ZONING BOARD OF APPEALS (1/1/15 – 12/31/2021)
- LOUIS RIEG – PLANNING BOARD (1/1/15 – 12/31/2021)
- MOTION # 7 OF 2015
- SENA MOTIONED TO AUTHORIZE THE FOLLOWING RE-APPOINTMENTS:
JAMES LEVESQUE, ZONING BOARD OF APPEALS CHAIRMAN (2015-2021)
LOUIS RIEG, PLANNING BOARD (2015-2021)
- MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AUDIT OF JUSTICE COURT BOOKS / TOWN CLERK BOOKS 2014
Mrs. Carlson asked the board members when they would be available to audit the books.
Judge Bensink and Peacock said their books are current and available for audit at the convenience of the board. Mrs. Thomas said the Town Clerk’s books are also ready for review.
Mrs. Carlson asked that the members come in at their convenience to audit the books prior to the February board meeting.
Mrs. Thomas said that the Unified Court System requires that the court books be audited and a motion of that audit be recorded and forwarded to them. She said she has not yet received their letter of request for the audit information.
- REVIEW AND REAFFIRM: PROCUREMENT POLICY; EMPLOYEE HANDBOOK (includes Violence in the Workplace Policy / Code of Ethics)
- MOTION # 8 OF 2015
- MR. MCNEILL MOTIONED TO RE-AFFIRM FOR 2015 THE TOWN PROCUREMENT POLICY; EMPLOYEE HANDBOOK (includes Violence in the Workplace Policy / Code of Ethics).
- WHITNEY SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson advised Mr. Strickland that Highway employees will need to update their training for Violence in the Workplace this year.
- AUTHORIZE HIGHWAY SUPERINTENDENT TO:
- Post Roads
- Bid for Materials – County and State
- Attend Highway School
- MOTION # 9 OF 2015
- STOW MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO:
- Post Roads
- Bid for Materials – County and State
- Attend Highway School
- WHITNEY SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE HIGHWAY SUPERINTENDENT AND TOWN BOARD TO SIGN AGREEMENT TO SPEND HIGHWAY FUNDS
- MOTION # 10 OF 2015
- WHITNEY MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT AND THE TOWN BOARD TO SIGN THE AGREEMENT TO SPEND HIGHWAY FUNDS. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE SUPERVISOR TO ENTER INTO AGREEMENT / CONTRACT:
- Renew the Shared Services Contract with Chautauqua County
- Sign Contract with Busti for Assessor Services
- Sign Contract with Chautauqua Co. Sheriff for Court Officers (no change in contract amount)
- MOTION # 11 OF 2015
- STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO ENTER INTO AGREEMENT / CONTRACT AS FOLLOWS:
- Renew the Shared Services Contract with Chautauqua County
- Sign Contract with Busti for Assessor Services
- Sign Contract with Chautauqua Co. Sheriff for Court Officers (no change in contract amount)
- SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE ALL OTHER TOWN OFFICIALS TO ATTEND MEETINGS / SCHOOL AS BUDGETED
- MOTION # 13 OF 2015
- STOW MOTIONED TO AUTHORIZE ALL OTHER TOWN OFFICIALS TO ATTEND MEETINGS / SCHOOL AS BUDGETED FOR 2015. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MICHELLE HENRY, CHAUT. CO. HISTORIAN – HISTORICAL RECORDS MANAGEMENT GRANT
Mrs. Carlson said Michelle Henry and Pam Brown have been seeking participation in a historical records management grant.
Mrs. Thomas said she wasn’t sure of the scope of the grant. She said it may be just providing materials that Historians or Towns would like to preserve their historical records. She said the grant hasn’t been fully fleshed out.
Mrs. Carlson said she understood there would be no cost to the Town.
- MOTION # 14 OF 2015
- WHITNEY MOTIONED TO AUTHORIZE THE TOWN’S PARTICIPATION IN AN HISTORICAL PRESERVATION GRANT SPONSORED BY THE CHAUTAUQUA COUNTY HISTORIAN. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mr. Whitney noted that there had been an article in the P.J. regarding a grant received by the Town of Busti which had included Court funding. He wanted to know if there was funding also available for the T.O.N.H. court.
Mrs. Carlson said she had been approached by someone from the Busti committee asking if the T.O.N.H. would be interested in at least pursuing a discussion of using the Busti Court for arraignments if it would be cost effective. She said she had responded that she doubted that our Justice’s would be interested in traveling there for that purpose, but if there would be a substantial savings as far as joining them in a Shared Services endeavor or constructing a new court for ourselves, she thought we should at least investigate it.
Mr. Sena said he had been approached and had asked if the Justice’s could still perform arraignments in North Harmony. He said they had indicated that our court could still do arraignments but would share a court night and share a court officer, etc.
Mrs. Carlson said that only adjacent town’s to Busti would be able to participate. She felt more investigation is necessary to determine efficacy of this idea.
Mr. Peacock noted that the town is eligible for up to $30,000.00 in grant funding from the Uniform Court System. He said we had received some of that funding when the town had previously renovated the court offices. He said he would much rather see the town apply for that funding than to participate with Busti. He said he would have to stand against that idea. He said perhaps we should wait to see what happens.
Mrs. Carlson said NYS is going to force towns to find ways to share services. She said if you don’t listen to the proposals you can’t make changes.
Mrs. Thomas asked if Busti is looking to expand the size of their facility. She noted that grant funding is available from the Unified Court System for renovations to existing space, but you cannot use those funds for additions.
Mrs. Carlson stated Busti is renovating the building they purchased from Tordello’s.
Mrs. Thomas stated for logistic purposes with the access to I-86 the T.O.N.H. would be a better choice of location for a shared court.
Mrs. Carlson said she had proposed a consolidated court at North Harmony years ago to Sherman and Busti because of our access to the expressway and because the town had land to expand. She said there had been no interest.
There was further general discussion and general consensus was that at this time there appears to be no advantage in T.O.N.H. sharing court services with Busti.
- WILLIAM STRATTON – HIGHWAY M.E.O. LETTER OF RESIGNATION DATED 12/31/2014
Mrs. Carlson said the town had received a letter of resignation from Mr. Stratton.
Mrs. Thomas asked if a motion to accept that resignation was needed.
Mrs. Carlson said no, it had already been accepted.
- HIGHWAY TRUCK (Purchased in Texas)
Mr. Strickland said the truck more than meets his expectations. He said the truck currently has 30,000 miles on it and he had driven it to NY from Texas. He said Valley Fab would be looking at it tomorrow in order to get it fitted out.
- ROGER TORY PETERSON INSTITUTE – Request to use digital copies of photos of Bemus Pt. to Stow Ferry
Mrs. Carlson said that R.T.P.I. has requested the use of digital prints of photos of the ferry. She said because some of those photos are copyrighted, permission is necessary.
Mrs. Thomas said that R.T.P.I. has a Snow Mobile Trail Application they have devised that can be downloaded on your phone with interesting locations throughout Chautauqua County. She said the Ferry is one of the locations and the application provides photos and interesting information on the historical nature, etc. of the Ferry.
Mr. Stow asked about liability.
Mrs. Thomas said all we are allowing is the use of photographs of the ferry. She said snowmobile liability is not a question.
Mr. Stapleton said he could see no issue.
- MOTION # 15 OF 2015
- STOW MOTIONED TO AUTHORIZE THE USE OF COPYRIGHTED PHOTOS FROM “A FERRY TALE” AND OTHER TOWN PHOTOS OF THE BEMUS POINT TO STOW FERRY BY THE ROGER TORY PETERSON INSTITUTE FOR THEIR “NATURE AT YOUR FINGERTIPS SNOWMOBILE CELL PHONE TOUR”. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- RABIES SHOTS FOR DOG CONTROL PERSONNEL
Mrs. Carlson said she, Mr. Stow and Mrs. Thomas have been discussing the need for preventive rabies shots for Dog Control Officers. She said the cost for those shots per person is $768.00 for a series of 3 shots. She said Mrs. Thomas had discussed this with Mark Stow, Chautauqua Co. Dept. of Health, and he
TOWN BOARD
1/12/2015 (Pg. 7)
had indicated that he didn’t feel they were critical because there haven’t been any cases of rabid dogs in many years. She said she and Mr. Stow had discussed it and he felt it was needed. She asked if John Stow could be authorized receive the shots.
Mr. Stow said once a human presents signs of rabies there is no cure. He said if you are bitten by a rabid dog, and you get the shot series you are alright, but if you are nipped by a dog that has rabies and you don’t know it, when you start presenting the signs of rabies, it is too late to get shots and you die.
Mrs. Thomas said there have not been any cases of a domesticated rabid dog since 1949. She said if the Control Officer is bitten by a dog on a call, you assume that you can identify the owner who will have records and if not there is a holding time for that animal to determine if it has rabies and if it does they administer the shots for the person who has been infected. She said you might also want to consider what the side effects are for the person receiving the rabies vaccination shots.
Mrs. Carlson said that is why it is being discussed. She said if all three, John Stow, Brittany Stow and Frank Stow have the shots, the town does not have the funds budgeted for that.
Mr. Stow said he had previously had the shots and all he needs is a titer to see if he still has the antibodies. He said perhaps John should have the shots and if necessary have the shots for Brittany next year.
There was further general discussion.
- MOTION # 16 OF 2015
- SENA MOTIONED TO AUTHORIZE A SERIES OF RABIES VACCINATION SHOTS FOR
JOHN STOW, DOG CONTROL OFFICER AT A COST OF $768.00 AND A TITER TEST FOR FRANK STOW, ASSISTANT. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon reported that the following occurred at the December 2014 Legislature meeting:
- With John Sixbey’s retirement, Cassandra Brigham of Jamestown was appointed as one of the four County Coroners.
- Paul Whitford was appointed Legislator for District 13, City of Jamestown, following the resignation of Paula DeJoy.
- We adopted a Motion opposing the EPA’s Proposed Rule Clarifying the Definition of “Water of the United States” under the Clean Water Act.
- This month we will be reviewing a proposal by the County Executive and County Sheriff reforming the Criminal Justice Coordinating Council to deal with the overcrowding in the jail.
- A subcommittee of the Chautauqua Lake and Watershed Management Alliance Interim Board interviewed candidates for the Executive Director position, and two individuals were selected for interview by the entire board on January 22nd.
- The County Executive hosted a meeting on December 17th regarding the Integrated Sewage Management Plan for Chautauqua Lake with the primary stakeholders and representatives of the NYS Environmental Facilities Corporation about the next step to develop engineering reports (preliminary engineering) for both the NCLSD and S&CCLSD projects. The stakeholders present at the meeting endorsed the Plan and agreed with the proposed next steps. Both sewer district boards will review necessary actions at their January meetings.
Mr. Stow said that he understood from Mr. Gould that the county has a $5,000,000.00 hole in the budget for next year.
Mr. Chagnon said it is $6,000,000.00. He said the county sales tax rate has been lowered and the county extended a sales tax waiver for home heating/energy and this increased the amount of sales tax that is shared with the towns and cities. He said the hole has been there and growing since about 2000.
There was further general discussion of ways to remediate this deficit which will be a serious problem in 2016. There was discussion of an increase in sales tax to help gap the deficit and other areas where savings to the county might be realized.
RANDY HOLCOMB, ASSESSOR
Mr. Holcomb’s written report indicated that the renewal applications for the Enhanced STAR have been mailed and must be returned by 3/1/15 (income requirement this year is $83,300.00). He said work on the 2015 assessment roll has begun.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said he hopes for a better year this year than last as far as mechanical problems. He said there were a lot of breakdowns last year. There was discussion of getting rid of the Mac truck.
HOWARD PEACOCK / EVERETT BENSINK JUSTICE (Copy of report in Minute Book)
Mr. Bensink read the court report for the month of December, 2014 for those present.
BRADLEY LAWSON, ZONING C.E.O. (Copy of report in Minute Book)
Mr. Lawson said he has been busy but the numbers are not good for 2014. He said he has started to compile is a list of new homes from last year, this year and 2013 and show the locations. He said there is a case coming before the ZBA, Wroda’s Auction looking to sell to a person who wants to put in a discount grocery store. He said this may go on to the Planning Board.
NANCY THOMAS, TOWN CLERK (Copy of report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 17 OF 2015
- 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)
- MOTION # 18 OF 2015
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR.
SENA SECONDED. AYE (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY:(0),
CARRIED.
- MOTION # 19 OF 2015
- WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $50,749.37 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY:(0).CARRIED.
- MOTION # 20 OF 2015
- WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $47,573.00 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. AYE (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY(0). CARRIED.
- MOTION # 21 OF 2015
ON A MOTION MADE BY MR. SENA AND SECONDED BY MR. STOW, THE MEETING WAS ADJOURNED AT 8:15 PM.
Nancy M. Thomas
Town Clerk
