TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 7/13/2015, 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.; Helen Emick; Robin Miller, Bookkeeper; Pierre Chagnon, Legislator; Louis Rieg; Lynn Smith; Howard Peacock, Justice; Nancy Thomas, Town Clerk
• MINUTES 6/8/2015:
• MOTION # 79 OF 2015
MR. SENA MOTIONED TO ACCEPT THE MINUTES OF THE 6/8/2015 BOARD MEETING AS SUBMITTED BY THE TOWN CLERK. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• ASHVILLE GALA DAY & ASHVILLE FESTIVAL DAY – SATURDAY JULY 18TH
Mrs. Carlson said there had been some controversy between two groups. She said she had made a call to the Sheriff’s Dept. and they will provide a patrol car from 3-11:00 PM at a cost of $300.00.
• PUBLIC COMMENT:
Lynn Smith said they were excited about the drainage project on Chautauqua Avenue. She asked about dredging the creek and whether that required a NYS permit.
Mrs. Carlson said she believes that can be permitted by Dave Wilson of Soil and Water and said she would check. She said because of the heavy rains they have not gotten the base work done for the hydro-seeding but it will be done as soon as they have a window of time.
Lynn Smith said she is also excited about how things are going with the Veteran’s Park project.
Mrs. Thomas said she contacted Tim Barron and he will be changing the donation sign in the park to indicate that $27,000 has been donated / raised to date. She said Blair Smoulder has also raised about $1,300 for the park through his “Name a Lily” project.
1. CHAUTAUQUA LAKE WATERSHED MANAGEMENT ALLIANCE
Mrs. Carlson said the CLWMA is looking for members and a letter of support for the work they will be doing on the Goose and Ball Creek Stream Bank restoration. She said they are applying to the NYS Consolidated Funding under Water Quality Improvement. She asked for authorization from the board to send a letter of support on this.
Mr. Stow noted that there are several more trees on Ball Creek that are about to fall down and suggested that they are taken down and the root structure left to shore up the bank.
7/13/2015 (Pg. 2)
• MOTION # 80 OF 2015
MR. STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO SEND A LETTER OF SUPPORT TO THE CLWMA FOR THE WORK THEY WILL BE DOING ON GOOSE AND BALL CREEK STREAM BANK RESTORATION. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mr. Sena also commented about the erosion of Ball Creek from NYS property. He asked if anything could be done about controlling this.
Mr. Stow said Mr. Strickland has put some oversize pipe in the ditch where it comes down and into the state ditch and he thinks that might hold.
• MOTION # 81 OF 2015
MR. SENA MOTIONED THAT THE TOWN SEND A LETTER TO THE NYS-DOT REQUESTING ACTION ON THE EROSION PROBLEM ON RT. 394 ADJACENT TO THE TOWN HIGHWAY BUILDING AND TO BALL CREEK. MR. WHITNEY SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
2. NYS DOT:
• BRIDGE PAINTING – Lead based paint is being used – Carpenter-Pringle
• RT. 394 SPEED LIMIT – Elimination of seasonal speed limit of 45mph
3. TIME WARNER:
• Channel changes
• Cohen Law Group – Bid by Charter Communications to acquire Time Warner – effect on municipality
Mr. Stapleton said there is nothing at this time prompting a review of our franchise agreement with Time Warner. He said if someone takes it over, they are still bound by that contract.
4. DEPT. OF PUBLIC SERVICE – Regional Public Hearings on telecommunications in NYS
Wed., 8/5/15, Buffalo Central Library, 1 Lafayette Square, Info Session 2:00 PM – Public Statement 3:00 PM
5. EMPIRE CENTER FOR PUBLIC POLICY – FOIL request for copies of contracts/agreements between the police department and bargaining unit representing its members
Mrs. Thomas said she had responded to the FOIL request and indicated that the town does not have a police department. She said she had provided them a copy of our contract with the Chautauqua Sheriff’s Department for court security.
6. TOWN OF ELLICOTTVILLE – ZONING AND PLANNING SCHOOL – Friday, 8/7/15
Mrs. Thomas said the Planning and Zoning Boards have been sent a copy of the notice.
7. Mrs. Carlson said we had received a request about advertising on our website. It was agreed that the town has no interest in this.
• OLD BUSINESS
7/13/2015 (Pg. 3)
• PARKS REVIEW
Mr. Sena said he has reviewed the condition of the Town Parks and following are his findings and recommendations.
Lighthouse / Ferry Park
• The lighthouse is stable although there are still decay issues and he will continue to monitor
• He said the roof improvements have been completed. New rope has been installed; aerators are installed and operating; and general cleanup has been done.
• Handicap Sign by outhouse (bracket)
• There has been some vandalism at the park. Someone drove in and did “donuts” on the ball field and also smashed the electrical panel on the pole next to the pavilion. Mr. Sena said he had straightened the box and closed it. He said Mrs. Thomas had called Vidal Electric and they had put the electric back together temporarily so it would be safe for use. He said the wood panel on the back of the box was rotted and the guy wires had not been installed correctly at the initial stage. It was decided that Vidal would replace the entire system.
• Mrs. Thomas said perhaps the board might consider keeping the gate to the park locked and requiring those who reserve it come and get a key (to be returned after use). Mr. Sena said the only problem is that the gate uses a master key. It was decided that the lock could be changed and new keys made.
• Mr. Sena said the 6×6’s are rotted about halfway through. He said this will have to be addressed in the next 2 years.
• Picnic tables need power washing; outhouses need work and power washing; replace tether ball; new sand in horse shoe pits; pavilion needs new washed stone and generally the whole place needs sprucing up.
• It was decided that Mr. Short will be asked to fill in the ruts around the area
Mr. Stow asked if there were any of the metal frame picnic tables left at the park. Mr. Sena said he thought there might be. Mr. Stow asked that they be checked as there had been a past issue with rusting which created a safety problem.
• Mr. Sena said Cheney and Ashville Common are in OK shape except for trash that needs to be picked up.
• Mr. Stow noted that a handicap parking sign should be placed at the spot next to the outhouse at Lighthouse Park. He also noted that there is a sign stake sticking out of the ground (8-10”) by the outhouse and it should be covered or removed so people will not trip.
• NEW BUSINESS:
• THANKS TO ANNA SENA FOR ROPE REPLACEMENT AT LIGHTHOUSE PARK
Mrs. Carlson thanked Dick and Anna Sena for replacing the rope at the park and all agreed that it looks much better. She noted that the dog station needs to be replaced and Mr. Sena said all of the solar lights were broken so he had thrown them away.
• LETTER OF SUPPORT FOR CLWMA WORK ON STREAM BANK RESTORATION
Addressed under Correspondence item 1.
7/13/2015 (Pg. 4)
• DRAFT SEWER EXTENSION REPORT IS COMPLETE
Mrs. Carlson the CLWMA is asking for a letter of support for this extension from the town.
Mr. Chagnon said the letter of support is to go with the Grant applications to get funding for the extension.
• MOTION # 82 OF 2015
MR. STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN A LETTER OF SUPPORT FOR THE EXTENSION OF THE SEWER LINE TO UNSERVED AREAS AROUND THE LAKE. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• RETIREMENT OF ASSESSOR RANDY HOLCOMB EFF. 7/31/2015
Mrs. Carlson suggested that Kevin Okerlund be appointed to a one year term as Assessor to begin on 8/1/15. She said no one has met Mr. Okerlund and most of the other supervisors have gone with a one year appointment to see how things work out.
• NEW ASSESSOR APPOINTMENT 8/1/2015 – KEVIN OKERLUND
• MOTION # 83 OF 2015
MR. WHITNEY MOTIONED TO APPOINT KEVIN OKERLUND TO A ONE YEAR TERM AS ASSESSOR FOR THE TOWN OF NORTH HARMONY EFFECTIVE 8/1/15-7/31/2016. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the June Legislature meeting:
The Chautauqua Center, a Federally Qualified Health Center, is currently operating in the City of Dunkirk and has been granted authorization to expand services into the south County. They are in need of Article 28 clinic space in the south County on an interim basis until it acquires permanent space in the City of Jamestown. We entered into a lease agreement with them for the County’s clinic space in the South County Office Building and the County will no longer operate a Federally Qualified Health Center. Privatization!
We withdrew unutilized capital project funds from three IDA projects and allocated it to the Joseph Mason Industrial Park for the continued development of that park, including environmental studies, utility infrastructure, land acquisition, general site development, and transportation access improvements.
We authorized County membership in the Chautauqua Lake & Watershed Management Alliance.
We authorized reallocation of Chautauqua Lake Management Commission Capital Projects funding in the amount of $225,000 to the Chautauqua Lake & Watershed Management Alliance for grant leveraging. The funds will be available to Alliance members as their matching funds to secure grants to undertake projects to help Chautauqua Lake and its watershed.
At the County Tax Foreclosure Auction 113 properties were sold totaling $1,126K, $36K more than the taxes owing. Four of the properties were in the Town of Ellery and one was in the Town of North Harmony, all of which sold for more than the taxes owing.
7/13/2015 (Pg. 5)
We will be approving the Participant’s Share of 2016 Chautauqua County Self-Insurance Plan Costs at our July meeting.
• Town of North Harmony $71,038.31 up from $66,443.50
Each participant’s share is based 40% on the total value of the participant’s taxable real property in the proportion that the full valuation of its taxable real property bears to the aggregate full valuation of all participants; and sixty percent (60%) on the loss percentile experience of the five previous years of the participants.
RANDY HOLCOMB, ASSESSOR
Mrs. Carlson said that Mr. Holcomb’s report indicated that the final assessment roll is complete and filed with the Office of Real Property Service.
Mrs. Thomas said the final roll is available on the town website.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mrs. Carlson said Mr. Strickland indicated that the highway has oiled and stoned 14 mi. of road and they will be doing some paving in the near future.
HOWARD PEACOCK, JUSTICE (Copy in Minute Book)
Judge Peacock read the Justice report for those present. He noted that on one day there were 150 actions on tickets in the clerk’s office. Mr. Peacock asked for board authorization for himself and Clerk Barb Peacock to attend the September, 2015 Magistrates Conference.
• MOTION # 84 OF 2015
MR. WHITNEY MOTIONED TO AUTHORIZE JUSTICE PEACOCK AND HIS CLERK TO ATTEND THE SEPTEMBER, 2015 MAGISTRATES CONFERENCE. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
BRAD LAWSON, ZONING C.E.O. (Copy in Minute Book)
Mr. Lawson reviewed his report for those present. He said another new home was started in July and there is talk of a couple more.
BRAD LAWSON, AFD FIRE COMMISSIONER
Mr. Lawson said the Commissioners are looking into purchasing an accident and death policy for the department members ($10,000 policy). He said there is hope that this will help with retention and recruitment of members. He said they are trying to keep costs down. He said manpower is a real issue throughout the county, especially EMT’s. He said the department has transitioned into more of an EMS service than a fire protection service, which it was intended as.
Mrs. Carlson asked if he feels that there will eventually be a charge for ambulance service by the department. He said it has been discussed, but there is a lot of red tape and it would require paid EMT’s. He said there has been discussion of a countywide ambulance corp. He said a part of that discussion has included the intent to keep NYS out of the process. He said currently NYS has mandated so many items that the time needed to be qualified and re-qualify has discouraged participation.
NANCY THOMAS, TOWN CLERK (Copy in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
7/13/2015 (Pg. 6)
• MOTION # 85 OF 2015
MR. STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON; NO:(0),
SALLY P. CARLSON, SUPERVISOR (Copy of Report in Minute Book)
• MOTION # 86 OF 2015
MR. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR.
SENA SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON; NO:(0),
JOHN STOW, DCO
Mrs. Carlson said a report had been received from Mr. Stow concerning the number of calls he has received during the month.
• MOTION # 87 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $28,889.65 AS REVIEWED AND AUDITED EARLIER. MR.MCNEILL
SECONDED. YES (5): WHITNEY,STOW, SENA, MCNEILL, CARLSON; NO:(0).CARRIED.
• MOTION # 88 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $155,122.20 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON; NO(0). CARRIED.
Mrs. Emick said Bret had asked about a camera.
Mrs. Carlson said he had asked about the camera in Lakewood that was put up by the television station, not the village. She suggested that Bret contact her at the office.
• MOTION # 89 OF 2015
ON A MOTION MADE BY MR. STOW AND SECONDED BY MR. MCNEILL, THE MEETING WAS ADJOURNED AT 8:00 PM.
Nancy M. Thomas