TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 8/10/2015, 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; Dan Strickland, Highway Superintendent; Bob Schaefer; Nancy Thomas, Town Clerk
• MINUTES: 7/13/15:
• MOTION # 90 OF 2015
MR. STOW MOTIONED TO ACCEPT THE MINUTES OF THE 7/13/2015 BOARD MEETING AS PRESENTED BY THE TOWN CLERK WITH THE FOLLOWING CORRECTION ON PAGE 2, PARAGRAPH 2:
Mr. Stow said Mr. Strickland has put some oversize * pipe stone in the ditch where it comes down and into the state ditch and he thinks that might hold.
MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO
(0). THE MOTION WAS CARRIED.
• LAKE CONFERENCE – CELEBRATE CHAUTAUQUA LAKE, Village Casino, Bemus Pt., Saturday, 8/15/15, 9:00 – 11:00 AM
• DRAGON BOAT RACE – Sat., 8/29/15, 9:00 AM – 4:00 PM, Lucille Ball Park, Celoron (Cancelled)
• PUBLIC COMMENT:
1. COPIES OF LETTERS SENT TO D.O.T. BY PHIL STRAND – Concern about speed limits on
2. PLANNING BOARD MINUTES 7/14/15
– Ready for language changes?
3. CHAUTAUQUA CO. SOLID WASTE FUN FACTS
4. NYS-DOT – Eric Meka, Chaut. Co. Resident Engineer – letter in response to T.O.N.H. petition
And letter re condition of Rt. 394 ( I-86 overpass to Connolly Park)
8/10/15 (Pg. 2)
5. BOB FREEMAN – NYS-DOS Executive Dir. For Committee on Open Government – Seminar on FOIL and Open Meetings Law, Wed., 9/16/15, noon-3PM (check in 11:30; lunch at 12:00),
West Valley Memorial Fire Hall, 9085 Rt. 240, West Valley, NY (Town of Ashford)
6. CHAUTAUQUA CO. FINANCE – Sales Tax $150,939.04 (up $3,711.61)
7. NYS-DOT – Response to Town Clerk letter re condition of Rt. 394 at 1-86 overpass
Mrs. Thomas said the letter indicates the DOT’s recommended solution is to apply a crack and seat process to the concrete as a base and then follow with a multi-course overlay at an estimated cost of $1,350,000. An interim treatment of a single 2” asphalt overlay has been indicated as a temporary solution. Timing of repairs is still under evaluation and consideration based on condition, ranking and funding allowances. Patching will continue.
Mr. Sena asked if we had sent a letter to the DOT about the erosion of the ditch on Rt. 394 from the highway department building down past the Mitchell property and on to Ball Creek.
Mrs. Thomas said she had not sent the letter and requested clearer detail on what the letter should include.
Mr. Chagnon suggested that Erin Brinkley look at the area and provide some detail that can be used in the communication.
• OLD BUSINESS
• DRAINAGE AT QUIGLEY – Compliments from the neighbors
Mrs. Carlson said a number of the neighbors had stopped her to thank the highway department for the great job done there.
• VETERANS MEMORIAL – DAYLILY SALES – $4,100 RAISED TO DATE
Mrs. Carlson said Mr. Smoulder has done a super job of raising funds for the memorial.
• NEW BUSINESS:
• DONATION FROM BROOKSIDE TO VETERANS MEMORIAL – $400
• DOCK ISSUE AT MAGNOLIA (CHAUT. ESCAPES) – QUESTION OF OWNERSHIP OF THE ROW TO THE LAKE
Mr. Schaefer said he has a home on Magnolia Road in Chautauqua Escapes. He provided pictures and photos of the area and said that the end of Magnolia is a ROW to the lake. He said on one side is the Chautauqua Escapes Association of which he is a member and on the other side is Town of Chautauqua lakefront homes. He said some members of Chautauqua Escapes, the McMahan’s, have been putting a dock out on what he believes is public land and posting it as a private dock for their use only. He said in the winter they just pile the dock onto the ROW and his home overlooks the situation. He said he is not sure if the dock is on town land or on Mrs. Obrachta’s land. He said her attorneys have advised her to post the land and request the dock be removed through a series of letters. He said the dock issue has become quite contentious. He said NYS-GS, Ralph Hill indicated they own the lake bottom but the issue is upland and they have no control over that. He said Mr. Hill gave him a copy of a regulation that indicates that the only people allowed to install a dock are the proprietors of the land where the dock is situated.
Mrs. Carlson requested copies of Mr. Schaefer’s information.
8/10/15 (Pg. 3)
It was discussed that the Hart family had originally installed a dock at the ROW over 40 years ago and when they passed the dock was removed for a period of time. There had been no complaints from neighbors when the Hart’s had the dock.
Mr. Schaefer said the dock should be removed and the area left vacant for all to use and enjoy.
Mr. Strickland said it is located in the road ROW, whether it is North Harmony’s or Chautauqua’s is the question.
Mr. Lawson said he had met with Mrs. McMahan and she indicated that the dock in question is owned by Dick Hart and now Mrs. Obrachta claims it is on her property and is kicking people off. Mrs. McMahan did not indicate that they are using or own the dock and asked if another dock could be put out on town property. He said he indicated that would not be allowed.
After discussion and on advice of the town attorney it was the consensus of the board members that a survey should be done and stakes pinpointed to determine the ROW boundaries (for both North Harmony and Chautauqua). It was also determined that under no circumstances can the dock be stored on a town ROW.
• BUDGET REQUESTS – PLEASE RETURN BY 8/28/15 AT THE LATEST – BUDGET MEETING SCHEDULED FOR WED. 9/9/15 AT 7:00 PM
• JIM WRODA – Interested in purchasing 3 ½ acres of town owned Mitchell property with access either from Stow Rd. or Rt. 394 – Any interest?
Mrs. Carlson said Mr. Wroda would like to purchase 3 acres of town property to build a 10 – 12,000 sq. ft. facility with a 100 booth antique mall. She asked how the board would like to proceed: get land appraised; surveyed, etc.
Mr. McNeill said he would be interested in seeing something drawn up to see what Mr. Wroda is looking for.
Mr. Lawson said the Planning Board has done extensive work that defines what that area should look like when/if it is developed. He said the Planning Board would be willing to help Mr. Wroda with compliance.
Mr. Sena said he feels that some simple details (approximate location of building, parking lot, etc.) would be sufficient at this point and a property appraisal and survey would be a good idea.
Mr. McNeill said the town should have the entire acreage appraised and surveyed for its own information.
Mr. Stow said the town should retain a 50’ ROW on the east side of the property on the Miller side (by the Fire Hall) on Stow Rd. for access.
Mrs. Carlson said we have a survey of the entire Mitchell property, but she would like to see what his 3 acres would look like.
Mr. Sena said he saw no need to survey the land twice.
Mrs. Emick suggested more than one appraisal and perhaps a market analysis.
Mrs. Carlson said the acre of land across from Hogan’s Hut (corner of Stow and Rt. 394) was purchased in 2009 and she believes they paid $25,000.00.
Mr. Stapleton said the town should speak to a certified appraiser and request their advice.
• MOTION # 91 OF 2015
MR. WHITNEY MOTIONED TO AUTHORIZE THE SUPERVISOR TO SEEK 1-2 CERTIFIED APPRAISAL QUOTES/MARKET ANALYSIS ON TOWN OWNED PROPERTY REFERRED TO AS MITCHELL’S (SBL 332.00-2-11). MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
8/10/15 (Pg. 4)
• MOTION # 92 OF 2015
MR. SENA MOTIONED TO ENGAGE A SURVEYOR TO MARK THE CORNERS AND CARVE OUT A 50’ ROW OFF STOW ROAD ON TOWN OWNED PROPERTY REFERRED TO AS MITCHELL’S (SBL 332.00-2-11). MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
The town board agreed to notify Mr. Wroda of interest in his proposal to purchase 3 acres of town property for an auction center project as stated above.
• LETTER FROM JOHN JOHNSTON RE TOWN ROW AT VICTORIA ROAD
Mrs. Carlson said after reading the letter she is not inclined to authorize anyone to put a dock on a town ROW.
Mr. Stow said it could be a liability issue for the town if a dock is put in.
Mr. Whitney said there are two issues: 1) Mr. Humble has done work on a town ROW to create a smooth wide gravel area which he is not authorized to do and 2) the town does not wish to have any docks placed on town property.
• MOTION # 93 OF 2015
MR. STOW MOTIONED THAT NO DOCKS BE ALLOWED TO BE INSTALLED ON ANY TOWN ROW OR PROPERTY. MR SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson asked Mr. Stapleton to send a letter to Mr. Humble asking him to cease work altering the town ROW at Victoria. Mr. Stapleton said he would do that.
The board agreed that they should go and look at the situation.
• BUTTS PARK
Mr. Stow said he had been at the park this weekend and had been told that those using it could not get any water from the pump. He said the fuse box was locked and the button for the timer on the water was gone. He said it should be replaced.
Mr. Sena said that Vidal Electric was going to fix that but did not have the part. He said people had been told to bring a pair of pliers to manually turn on the water.
Mr. Stow expressed concern about whether the water is potable and asked if a sign stating “Do Not Drink Water” should be placed there.
Mrs. Carlson said she would order a sign. She said Nathan Short had spread stone under the pavilion and would be getting top soil to fill in ruts created by the tractor.
Mr. Stow said he had received complaints that he was asked to forward to Mr. Chagnon about the lack of mowing on county roads (visibility and safety issues); pot holes and shoulders need repair on many county roads; dead trees are hanging over the county roads. He said he felt the county highway budget had been cut too much and funds should be made available for these projects.
Mr. Chagnon said he would share that with the Legislature.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following had occurred at the July, 2015 Legislature meeting:
8/10/15 (Pg. 5)
We adopted changes to the County Financial Management Policy to bring it into conformance with the revised New York State Comptroller recommendations. We tightened up and clarified the management of Fund balances, eliminated three reserve funds, and created two reserve funds.
As a result of a capital project bid coming in 1/3 over budget, I am working with the Director of Public Facilities and the County Executive to improve the capital budgeting process.
Authorized the commitment of grant matching funds in the amount of $144K from the 2% Occupancy Tax reserve and $144K from the Chautauqua Lake & Watershed Management Alliance grant leveraging reserve to 6 NYSDEC Water Quality Improvement Program streambank stabilization project grant requests submitted by the Alliance. The grant requests include two proposed projects on Dutch Hollow Creek, and one proposed project each on Goose Creek, Ball Creek, Bemus Creek, and Prendergast Creek.
The Chautauqua Lake & Watershed Management Alliance has completed its membership drive with 29 founding members joining. A terrific beginning! The members have submitted nominations for establishment of the permanent Board of Directors, and elections will commence this month with the permanent board to be seated next month.
O’Brien & Gere’s Engineering Report for expansion of municipal sewers on the west side of the lake is complete, and AECOM’s report for the east side of the lake is nearing completion. They each submitted grant requests to the Engineering Planning Grant Program, which would be retroactive funding for the engineering reports. O’Brien & Gere has submitted a WQIP grant application for the POTW upgrades for $2.5 million (maximum amount); a WQIP grant application for the sewer extension for $2.5 million (maximum amount); an Empire State Development application for the sewer extension for $12 million (based on percentage of project); and a Western New York Priority Project Request Form to the Regional Economic Development Council. They will also submit a NYS Water Grants program application and will be applying for NYSEFC funding. AECOM has also submitted grant applications. Federal, State, and local representatives provided letters of support for the funding requests.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the highway has been working on the parking lot and salt shed at the highway building. He said they replaced the large pipe on Eggleston Hill Rd. at the beaver dam. He said they are still waiting on Midland Asphalt for completion of work at Cheney’s Pt. He said he would like to do some additional oil and stone if they can.
Mrs. Thomas said there is a deep hole in the cul-de-sac at the end of Old Bridge Road and the rest of the road is in very bad shape.
Mr. Sena asked about the Bly Hill Project. Mr. Strickland said Dave Spann would be the one to ask. Mrs. Carlson said she would call him.
HOWARD PEACOCK, JUSTICE (Copy of Report in Minute book)
Mr. Peacock read the July report for those present. He said they opened a record 607 new cases in July and closed 321 cases.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute book)
Mr. Lawson reviewed his report for those present.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute book)
Mrs. Thomas said her deputy Kristy Vaillancourt had been in a bad bicycle accident and has serious injuries. She does not know when she will be able to return to work. Mrs. Thomas requested that her former deputy Penny Best be appointed as temporary Deputy Town Clerk until Kristy is able to return to work.
8/10/15 (Pg. 6)
• MOTION # 94 OF 2015
MR. MCNEILL MOTIONED TO APPOINT PENNY BEST AS TEMPORARY DEPUTY TOWN CLERK EFFECTIVE 8/10/2015, AT AN HOURLY RATE OF $12/HR., UNTIL SUCH TIME AS MS. VAILLANCOURT CAN RESUME HER DUTIES AS DEPUTY CLERK. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• MOTION # 95 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 # 96 OF 2015
MR. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR.
SENA SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON; NO:(0),
• VETERANS MEMORIAL COMMITTEE MEETING – Thurs. 8/13/15, 10:00 AM
• MOTION # 97 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $19,165.40 AS REVIEWED AND AUDITED EARLIER. MR.MCNEILL
SECONDED. YES (5): WHITNEY,STOW, SENA, MCNEILL, CARLSON; NO:(0).CARRIED.
• MOTION # 98 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $27,323.72 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON; NO(0). CARRIED.
• MOTION # 99 OF 2015
ON A MOTION MADE BY MR. STOW AND SECONDED BY MR. SENA, THE MEETING WAS ADJOURNED AT 8:20 PM.
Nancy M. Thomas