TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 5/11/2015 7:00 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
RALPH WHITNEY, COUNCILMAN PRESENT
FRANK STOW, COUNCILMAN PRESENT
RICHARD SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
OTHERS PRESENT: Dave Stapleton, Attorney; Brad Lawson, Zoning C.E.O.; Dan Strickland, Highway Sup’t.; Dave Munsee; Clayton & Helen Emick; Robin Miller, Bookkeeper; Howard Peacock, Justice; Nancy Thomas, Town Clerk
MOTION # 56 OF 2015
- WHITNEY MOTIONED TO ACCEPT THE MINUTES OF THE 4/13/2015, TOWN BOARD MEETING AS SUBMITTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
VETERANS MEMORIAL FUNDRAISER – SPAGHETTI DINNER TICKETS AVAILABLE
SUN. 5/17/15, 12-5:00 PM; Lakewood Legion Post #1286
TICKETS FOR PATRIOTIC QUILT AND WIDE SCREEN TV ALSO ON SALE!
MEMORIAL DAY CEREMONY – SUNDAY, 5/24/15, 2:00 PM, VETERANS PARK ASHVILLE
NYMIR – Indication that unassigned fund portion for TONH is $2,613.00
NYMIR – Introducing new insurance Cyber Product – cost to members $300 – $2,750
- DAVID & PAT JONES – Letter re blighted property (Buchanan property 3783 Victoria)
Mr. Lawson said the third violation letter along with an appearance ticket is going out.
BPU – DAMAGE AT SUNRISE COVE SEWER LINE
Mrs. Carlson said a sewer line had broken in Sunrise Cove and the BPU had repaired the line. She said some of the work had damaged a neighbor’s driveway.
- ASSESSOR – MARCH PROPERTY TRANSFERS
5/11/2015 (Pg. 2)
TIME WARNER CABLE – Comcast has terminated their agreements with Time Warner
- NYS – DMV – Changes to Signage related to Access for Disabled
Mrs. Thomas said the NYS-DMV has adopted a new law which removes the word “handicapped” from all parking signs being newly installed or replaced (old signage can be grandfathered). New signage will depict a forward moving wheelchair which will also be used on new parking hangers.
LYNN SMITH – E-MAIL THANKS FOR TOTES TRASH CAN AT CHENEY’S POINT
MONTE KENNEDY – Letter regarding mailbox and commendation for Dan Strickland
APPLICATIONS FOR CONSOLIDATED FUNDING
Mrs. Carlson said we received applications for consolidated funding which are for all of the different kinds of grants that NYS provides.
SALES TAX (1ST QTR. 2015) – Received in the amount of $130,440.27 (down $2,018.15)
ZBA MINUTES 4/22/15
RESOURCE EXPLORATION – Received Royalties of $39.69
ROOF AT LIGHTHOUSE PARK
Mrs. Carlson said the contract for roofing the pavilion at the park has been signed, returned and the color for the shingles picked out.
Mr. Sena said the contractor needs a key for the building. He said he purchased the rope and will install it. He said he had purchased the parts for the aerator and they are repaired.
Mrs. Carlson said Roger Vaillancourt had stopped her and indicated that the height of the top rail of the town dock prevents handicapped persons from fishing.
Mr. Peacock said he would check it out and see if the top rail can be removed or lowered.
LOCAL LAW #1 -2015 – (Creation of C1-A District) Filed and effective 4/9/2015
TAX ROLL RETURNED TO COUNTY 4/14/15
BETTER DEFINITION OF COMMERCIAL DISTRICT (500’ ? from paved portion?)
Mrs. Carlson said she is requesting a better definition of the Commercial District and asking the Planning Board to implement this since we cannot find anything currently in the ordinance that defines it.
MOTION # 57 OF 2015
- SENA MOTIONED TO REQUEST THAT THE PLANNING BOARD REVIEW THE ZONING ORDINANCE AND MORE CLEARLY DEFINE THE COMMERCIAL DISTRICT SET BACKS AS 500’ FROM THE CENTER LINE OF THE ROAD. MR. MCNEILL SECONDED.
5/11/2015 (Pg. 3)
Mr. Stapleton said he did not know if the definition itself is the issue or if they want provisions made in the area standards charts (or a footnote) to define that the 500’ from the centerline in what is wanted. Mrs. Carlson said there is nothing on the map that shows where the 500’ setback begins.
Mr. Stapleton said the area standards chart is where people will be looking for that information. He said that is probably where the addition should be made.
YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
BPU – PROPERTY REPAIR
Mrs. Carlson said that the BPU had done some repair to a sewer line at Sunrise Cove that belongs to the town and some damage had been done to someone’s yard and Mr. Carlson’s driveway next door. She said she had asked Nathan Short to do the repairs to the lawn, but would like authorization from the board to do the driveway repair if it not exceeds $800.00. She said we have the money in the water/sewer/pipeline account that will pay for it. The lines were purchased from Dr. Galiel by the town.
MOTION # 58 OF 2015
- STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO EXPEND NO MORE THAN $800.00 FOR THE REPAIR WORK TO MR. CARLSON’S DRIVEWAY IN SUNRISE COVE DUE TO SEWER LINE REPAIR. MR. MR. SENA SECONDED.
Mr. Sena asked if we have a bid for that work.
Mrs. Carlson said she has not seen anything in writing yet, but she does not want to get caught as far as getting something in writing from him yet. She said Mr. Carlson had indicated that he thought that is what the cost would be from Kingsview.
YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
SOUTH AND CENTER SEWER DISTRICT
Mrs. Carlson said meetings continue and they will be coming up with cost estimates and then ultimately a referendum. She said this is an update on continuing work.
DAVE MUNSEE – Produce Stand on Town property at four corners Ashville (July-Oct., 2015)
Mr. Munsee said he would like to operate his corn stand at the same town property location he has used in previous years. He has provided a copy of current liability insurance.
MOTION # 59 OF 2015
- SENA MOTIONED TO ALLOW DAVE MUNSEE TO OPERATE A CORN/PRODUCE STAND AT TOWN PROPERTY LOCATED AT THE FOUR CORNERS IN ASHVILLE FROM JULY – OCTOBER, 2015, WITH THE PROVISION THAT CURRENT LIABILITY INSURANCE IS IN EFFECT. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mr. Munsee noted that the paved area where the stand is has decomposed and there is loose material that may cause an accident. He asked if he should just clean up the loose pieces at this time. It was agreed that he should sweep the loose material up until the highway department has time to blacktop or patch it.
5/11/2015 (Pg. 4)
- RESIGNATION/RETIREMENT JUSTICE EVERETT BENSINK EFF. 5/11/2015
Mrs. Carlson read Mr. Bensink’s letter of resignation for those present.
MOTION # 60 OF 2015
- WHITNEY MOTIONED TO ACCEPT THE RESIGNATION/RETIREMENT OF JUSTICE EVERETT BENSINK EFFECTIVE 5/11/2015. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mr. Sena asked Judge Peacock if he felt he could handle the court business alone and said discussion would have to be held concerning the additional amount of time put it in relation to considering the elimination of the position
Mr. Peacock said he had discussed this with Court Clerks, Vickie Stow, Katie Zimmer, and Barbara Peacock and they felt that if they could get through the busy season of summer with one justice they would be alright. Mr. Peacock asked if they were concerned with finishing Mr. Bensink’s term (ends 12/31/2015) with one judge or eliminating the position completely. Mr. Peacock said there are advantages and disadvantages to having one judge. He said that he had been handling Mr. Bensink’s calendar for several months already.
Mrs. Carlson said that if the town is considering eliminating a justice position, they would need to notify the Board of Elections and anyone who plans to run.
Mrs. Thomas said the B.O.E. requires notification of a vacant elected position within 3 days of the vacancy.
There was general discussion of potential candidates for the position and their intentions as well as how this type of decision is affected by the upcoming elections, circulation of petitions and election law.
Mrs. Carlson said it needs to be clear if there is a position to be run for or not.
There was discussion of the history of creating the second justice position.
Mr. Peacock said the risk of having one justice is that illness, accident, etc. will cause the town to be without a judge. He said having two justice’s means there is someone to cover in these cases. He also said another judge from another town could fill in if necessary.
Mr. Stapleton asked what Judge Bensink’s salary was.
Mrs. Carlson said around $6,000.00/YR.
Mr. Stapleton said the court is generating $7,000-$8,000.00 per month in revenues, so the cost of the additional judge should not be an issue as it does not cost the town anything.
There was discussion of what the Unified Court System would do in case of a judge not being available for court. There was also discussion about the number of cases that the town court handles each month. There was also discussion of Special Election and appointment in relation to the position.
MOTION # 61 OF 2015
- SENA MOTIONED TO ELIMINATE ONE (1) JUSTICE POSITION FOR THE TOWN OF NORTH HARMONY COURT. MR. WHITNEY SECONDED.
Mr. Stow said he felt that Judge Peacock could handle the position.
Judge Peacock said he is only two minutes away and he felt at this time he could do the job.
Mr. Sena said if we need help we can use another judge from another court.
Mrs. Carlson said she is opposed to the elimination of a position.
Mr. Whitney said he feels we can eliminate the position for now as Judge Peacock feels he can do the job.
Mr. McNeill said he is cautiously in favor of eliminating the position at this time.
5/11/2015 (Pg. 5)
Mrs. Miller asked about compensation for the work load for Judge Peacock.
Mrs. Carlson said when there are two justice positions they alternate working each week. She said at this time Judge Peacock has been working every week for several months because of Judge Bensink’s illness. She said perhaps in the new year something different could be arranged.
A roll call vote was requested.
- SENA, YES; MR. STOW, YES; CARLSON, NO; WHITNEY, YES; MCNEILL; YES. THE MOTION WAS CARRIED.
Mrs. Thomas said she would check with the Board of Elections on the elimination of a position because she was not sure this could be done simply on a motion of the board.
Mr. Peacock said the supervising Judge Marke is aware of the situation with Judge Bensink but there has been nothing officially determined.
CHAUTAUQUA LAKE & WATERSHED MANAGEMENT ALLIANCE (CL&WMA)
Mrs. Carlson said we had received a request from the CL&WMA for allocation of funding for initial member dues payment. She said this replaces the CLMC and the objective is to obtain under 501-C3 funding for the lake. She said dues for the first year our dues would be $2,000 with a voucher for 50% off this year. She said we had passed a resolution some time ago in support of this alliance. She asked for authorization to pay these dues. A letter from Erin Brinkley, CL&WMA, requesting membership and payment of dues by the town was read.
MOTION # 62 OF 2015
- WHITNEY MOTIONED THAT THE TOWN OF NORTH HARMONY ADOPT A RESOLUTION AUTHORIZING MEMBERSHIP IN THE CHAUTAUQUA LAKE & WATERSHED MANAGEMENT ALLIANCE AND ALLOCATE FUNDING FOR INITIAL DUES PAYMENT OF $1,000.00 WHICH IS A 50% DISCOUNT FOR THE 2015-16 YEAR. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0).
THE MOTION WAS CARRIED.
NOTE: A COPY OF RESOLUTION # 62-2015 IS ATTACHED TO THESE MINUTES.
Mrs. Carlson said the CL&WMA is asking that members of the alliance appoint two representatives. She said she would be willing to serve as the primary contact.
- MOTION # 63 OF 2015
- WHITNEY MOTIONED TO APPOINT SALLY CARLSON AS PRIMARY CONTACT AND DICK SENA AS SECONDARY CONTACT FOR THE CHAUTAUQUA LAKE & WATERSHED MANAGEMENT ALLIANCE. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
ASHVILLE WATER GARDEN
Mrs. Carlson said Dave Lloyd was in today and he would like to apply or have Soil and Water apply for grant funding to do rip rap along the creek behind where the water garden is. She said she has not spoken to Dave Spann to see if grants have been completed.
5/11/2015 (Pg. 6)
MOTION # 64 OF 2015
- MCNEILL MOTIONED TO AUTHORIZE THE APPLICATION FOR GRANT FUNDING TO INSTALL RIP RAP ALONG GOOSE CREEK WHERE THE WATER GARDEN IS LOCATED. FURTHER IT WILL ALSO INCLUDE THE REPAIR OF THE HOLE THAT EXISTS AT THAT LOCATION. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
RANDY HOLCOMB, ASSESSOR
Report indicated that Grievance Day is 5/27/15, at the Town of Chautauqua Offices.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said they have begun the large drainage project at Cheney’s Point. He said they intend to NOVA chip throughout Stow. He said this will include Connelly Park, Cheney’s Pt., Niets Crest,
Longview and Ashville Bay. He said this will be done with CHIPS money and has not been done since the 1990’s. He said they are still waiting for the drawings for the concrete for the salt shed. He said the concrete apron has been completed at the highway building with the help of Tom Allison. He said they have sold at auction the MAC for $75,000 and the Ford F-550 for $19,000. He said this would mean that the highway would have $92,180 to roll over into next year’s equipment budget. He said he was pleased with the results and hoped that these sales would reduce their repair costs.
There was discussion on the change of speed limit on Rt. 394 from 55mph to 45mph for the summer.
Mrs. Carlson asked about the letter we had sent in opposition to this change.
Mrs. Thomas said as she recalls a phone call was made to the NYS-DOT and she was told that the DOT was allowing municipalities to make the decision on what the speed limit should be.
Mr. Sena said the school bus drivers are upset because the change pushes traffic to the town roads where the busses are transporting students. He said he has asked the bus drivers to put their concerns into a letter for the DOT on this issue.
Mrs. Emick brought up issues with the website. She said it is taking too long to complete the changeover to the new site.
Mrs. Thomas said she has contacted Elizabeth Gleason and they will be training on Thursday to use the site.
There was further general discussion of the website and Mrs. Emick again expressed dissatisfaction with the lack of an agenda for the Planning Board meetings.
HOWARD PEACOCK, JUSTICE (Copy of Report in Minute Book)
Mr. Peacock read the court report for those present.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson gave an overview of his report. He said work on the North Harmony Church alterations have begun. He said a new home on Open Meadows will be a nice project. He said there will be couple of small projects on Ramsey Road. He said things are starting to pick up and he is receiving a lot of phone calls. He said the Wroda project should be completed soon and the Cheese Factory is well on its way to completion. Mr. Lawson would like to discuss accessory structures at the planning board meeting tomorrow night.
5/11/2015 (Pg. 7)
JOHN STOW, D.C.O.
A report was submitted by the D.C.O. and Mrs. Carlson reviewed it for those present.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
MOTION # 65 OF 2015
- STOW MOTIONED TO ACCEPT THE TOWN CLERK’S MONTHLY REPORT FOR APRIL, 2015 AS SUBMITTED. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
SALLY CARLSON, SUPERVISOR (Copy of Report in Minute Book)
MOTION # 66 OF 2015
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR.SENA SECONDED. AYE (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY:(0),
MOTION # 67 OF 2015
- WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE AMOUNT OF $35,698.20 AS REVIEWED AND AUDITED EARLIER. MR.MCNEILL SECONDED. AYE (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY:(0).CARRIED.
MOTION # 68 OF 2015
- WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $126,091.88 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. AYE (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON; NAY(0). CARRIED.
MOTION # 69 OF 2015
ON A MOTION MADE BY MR. MCNEILL AND SECONDED BY MR. SENA, THE MEETING WAS ADJOURNED AT 8:30 PM.
Nancy M. Thomas