TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 09/14/2015, 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: Brad Lawson, Zoning C.E.O.; Robin Miller, Bookkeeper; Pierre Chagnon, Legislator; Louis Rieg; Lynn Smith; Howard Peacock, Justice; Barb Hoyt; Charles & Mary Avery; Craig Butler, CLA; Nancy Thomas, Town Clerk
• PLEDGE
• MINUTES: 8/10/2015:
• MOTION # 100 OF 2015
MR. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 8/10/2015 BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson said Mr. Strickland and Mr. Stapleton are not present as they had previous commitments.
• ANNOUNCEMENTS:
• NEXT TOWN BOARD MEETING WILL BE ON OCTOBER 5, 2015
• CUMMINS ENGINE SPONSORING A HAZARDOUS MATERIAL DROP OFF DAY, SATURDAY, 9/19/15, FROM 8:00 AM – 12:00 PM
• PUBLIC COMMENT:
• CHAUTAUQUA LAKE ASSOCIATION (CLA) – CRAIG BUTLER, PRESIDENT
Mr. Butler thanked the Town for their financial support. He said the budget this year is around $660,000.00 and of that 36% is received from public sources; 38% from private donations and 26% from foundations. He said the lake was in good shape this year. Two years ago they harvested between 7,500-8,000 tons of weeds, last year was 2,200 tons and although final numbers are not in yet, this year will probably even less than that. Mr. Butler said he feels the lake has had minimal algae problems this year which is good. He said the CLA has done a good job this year maintaining the lake and again thanked the board for their support.
• LYNN SMITH, QUIGLEY PARK
Mrs. Smith thanked the town for the work done on Chautauqua Ave. and for continuing to provide a garbage pickup at Cheney’s Point.
• CORRESPONDENCE:
1. ASSESSOR – JUNE/JULY 2015 PROPERTY TRANSFERS
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2. THANK YOU – KRISTY VAILLANCOURT
3. DEPT. OF PUBLIC SERVICE – Low income programs on gas and electric
4. TIME WARNER CABLE – MERGER WITH CHARTER COMMUNICATIONS
5. FERRAND V. TOWN OF N.H. – JUDGE WOJTASZEK – Held V&T Law Section 1103(b) applies to Mr. Stevens conduct and his actions were not reckless as a matter of law
Mrs. Carlson said the case has been settled and there will be no appeals.
• OLD BUSINESS
• BLY HILL DITCH – South side of the road will be done this Fall by Soil & Water
Mrs. Carlson said Dave Wilson has contacted Dave Lloyd and they will review the area.
• DOCK AT END OF MAGNOLIA – SURVEY COMPLETE
Mrs. Carlson said we have not yet received a copy of the survey. She said it appears the dock is either on Mrs. Obrachta’s or on the Town of Chautauqua’s property. She said where the dock is stored is on North Harmony property and a letter will be sent asking that it not be stored there.
• TOWN PROPERTY ADJACENT TO FIREHALL
• – Appraisal at a cost of $1,000.00 by Peter Holt authorized
• – Market Analysis to be performed by Turner Brokers
Mrs. Carlson said they had met with Pete Holt concerning an appraisal and Mr. Holt will be gathering some additional information for them. She said the board received the market analysis for other areas around the expressway and there is a large difference between the asking price for those and the value that has been assigned to the lot in question.
• VICTORIA ROAD
Mrs. Carlson said she had spoken to Dave McCoy, DEC, and he advised that the stream where the dump is located is not a protected stream. He also said he could not see anything different (i.e. excavation at the end of Victoria). He said they do not intend to take any action.
• NEW BUSINESS:
• ABANDONED VEHICLE ON CHARLES AVERY PROPERTY – MEETS 3 OF 4 DMV CRITERIA
• Wholesale value less than $1,250 ($600)
• Not more than 10 years old (2007)
• Abandoned for a minimum of one month (since June)
• Is never to be titled again
• Call Mr. Avery after board meeting 782-2966 or 665-0823
Mr. Avery said in the middle of June, Frank Urbanski, a tenant at a neighboring house came to him and said they were moving to Tennessee and requested to leave a vehicle for a couple of weeks on his property. He said at the end of the two week period the car had not been retrieved and he has since tried to contact Mr. Urbanski many times without success. He said that Harmony Motors told him it is worth about
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$600 at auction but they can’t take it under V&T law until the town provides a statement of “No Interest” in the vehicle.
• MOTION # 101 OF 2015
MR. WHITNEY MOTIONED FOR A DECLARATION OF “NO INTEREST” BY THE TOWN OF NORTH HARMONY IN THE ABANDONED VEHICLE LOCATED ON MR. AVERY’S PROPERTY ALLOWING MR. AVERY TO CONTINUE IN THE PROCESS OF REMOVAL OF SAID VEHICLE IN ACCORDANCE WITH N.Y.S. VEHICLE AND TRAFFIC LAW SECTION 1224, PART 18. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Thomas said she would provide a letter and excerpt of the minutes for Mr. Avery as proof of the action.
• BOARD OF ASSESSMENT REVIEW APPOINTMENTS
• Roberta Anderson effective 10/1/2015 – 9/30/2017 (completion of vacant term)
• Christopher Keefe effective 10/1/2015 – 9/30/2020 (re-appointment)
• MOTION # 102 OF 2015
MR. STOW MOTIONED TO MAKE THE FOLLOWING APPOINTMENTS TO THE BOARD OF ASSESSMENT REVIEW:
• Roberta Anderson effective 10/1/2015 – 9/30/2017 (completion of vacant term)
• Christopher Keefe effective 10/1/2015 – 9/30/2020 (re-appointment)
MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• CLCS SUPERINTENDENT, BEN SPITZER – Would like to do a presentation on addition to school (aging structure) in November (preference of board, before or during meeting?)
Mrs. Carlson asked the board if they wished to have the meeting with Mr. Spitzer before or during the regular November town board meeting.
Mr. McNeill said he would prefer to do it prior to the board meeting.
Mr. Stow agreed.
Mr. Sena asked what the agenda was.
Mrs. Carlson said it is an addition to the aging school facility. The building is 15 years old.
Mrs. Carlson said it will be a 15+ minute presentation with questions and answers after. She said they also plan to hold 2 public meetings.
Mrs. Thomas said the 2 meetings will be held at the Turner Building and at CLCS auditorium.
There was discussion about whether this should be a part of the town board meeting minutes.
Mr. Sena said it should be a public meeting and a part of the record.
Mrs. Thomas said she believes the vote on the proposed $12,000,000 project is scheduled for 12/8/15.
• MOTION # 103 OF 2015
MR. WHITNEY MOTIONED THAT THE PRESENTATION BY CLCS SUPERINTENDENT, BEN SPITZER, BE A PART OF THE REGULAR TOWN BOARD MEETING SCHEDULED FOR NOVEMBER 9, 2015. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
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SALE OF TOWN LAND – APPRAISAL VALUE
Mrs. Carlson said the town has been approached by someone interested in purchasing 3 acres of the town owned property known as the Mitchell property. She said the board will be getting a complete appraisal of that property and if anyone is interested in the matter to please contact one of the board members or the Town Clerk.
• CONSIDER BUILDING ADDITION TO COMMUNITY BUILDING
Mrs. Carlson said the town is running out of space at the current community building location, especially the court. She said Mr. Sena is going to look into having an architect draw up some plans for a court room and meeting room facility so that the offices can be expanded, conference rooms can be added and a handicap bathroom installed. She said Mr. Peacock would like to apply for a grant for the project.
Mr. Peacock said he would need a board resolution and some estimates to complete the grant application. He said the grant must be submitted by 10/16/15.
• MOTION # 104 OF 2015
MR. SENA MOTIONED TO AUTHORIZE JUSTICE HOWARD PEACOCK TO APPLY FOR A JUSTICE COURT ASSISTANCE PROGRAM (JCAP) GRANT IN THE AMOUNT OF $30,000.00 FOR THE COURT FACILITIES. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
There was further general discussion of the application.
• NOISE ORDINANCE – LAW ON USE OF TANNERITE
Mrs. Carlson said she had received a complaint about the use of tannerite (explosive used in target practice). She said she has been unable to find anyone with a law on the record concerning its use. She said she would continue to search for information on it.
Mr. Stow asked if it could just be included in the Noise Ordinance under Town Law.
Mrs. Carlson said it could, depending on the time of day it is being used and perhaps include something on decibel noise.
Mrs. Thomas said it is being used in larger quantities than are normal for target practice and the explosions sometimes go on all weekend. She said the volume is so loud that it shakes her home and windows.
Mr. Sena said he used it one time in the recommended target practice amount on his property and it knocked the pictures off his walls.
There was further general discussion of the issue.
• CLWMA – ESTABLISHMENT OF PERMANENT BOARD OF DIRECTORS
Mrs. Carlson said the CLWMA has presented a slate of officer candidates which has been recommended by the Governance Committee and the Interim Board of Directors. She asked the town board for approval of the slate of candidates.
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• MOTION # 105 OF 2015
MR. MCNEILL MOTIONED TO APPROVE THE SLATE OF OFFICERS TO ESTABLISH THE PERMANENT BOARD OF DIRECTORS FOR THE CHAUTAUQUA LAKE AND WATERSHED MANAGEMENT ALLIANCE (CLWMA) AS FOLLOWS:
County Town/Village At-large
Vince Horrigan Sally Carlson Linda M. Barber
Pierre Chagnon Donald Emhardt Ken Shearer
David Wesp David Shepherd
David Spann
MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• TOWN OF HARMONY – BICENTENNIAL CELEBRATION 2016
Mrs. Carlson said they have requested that the Town of North Harmony participate in the 2016 Bicentennial since we were a part of the Town of Harmony until almost 100 years ago. She said North Harmony was established in 1919.
• BLAIR SMOULDER – APPOINTMENT TO VETERANS MEMORIAL COMMITTEE
Mrs. Carlson said daylily sales to fund the Veterans Memorial are currently at $4,500 thanks to the efforts of Blair Smoulder. She said she would like to appoint him as a member of the committee.
• MOTION # 106 OF 2015
MR. WHITNEY MOTIONED TO APPOINT BLAIR SMOULDER TO THE VETERANS MEMORIAL COMMITTEE EFFECTIVE 9/14/2015. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• VETERANS COMMITTEE MEETING – THURSDAY, 9/24/15 AT 10:00 AM
• REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the August Legislative meeting:
We updated the County Purchasing Policy. Beyond updating the list of employees with purchasing authority and some clarifications, we changed the wording to state whenever practical economical and permitted by State Law the County shall acquire goods and services from Chautauqua County businesses and select goods and services which provide the least possible negative impact on the environment.
We accepted a $4 million grant from the Federal Substance Abuse and Mental Health Services Administration for a continuation of our system of care expansion. There were only two grants awarded in New York State. We will be implementing several evidence based practices throughout the community, including RAISE which is an early intervention for young people who are identified as having the beginning symptoms of a psychosis, and ICE 8 which is the preventative approach that is being implemented in all of our schools starting this fall around comprehensive wellness including emotional, social, physical, and mental aspects. New York State is moving to Health Homes for children and one of the things needed is a high fidelity approach of planning for children who have high needs. The County’s Tapestry program provides a wrap around team for each of those high-risk children.
Mike Sperry of Ashville was appointed to the Chautauqua County Sports Fishery Advisory Board.
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Mr. Stow noted that the county had sent out crews to mow and clear corners for visibility and safety. He thanked Mr. Chagnon.
KEVIN OKERLUND, ASSESSOR
Mrs. Carlson said Mr. Okerlund’s report indicated that all school tax bills have been mailed out and they have completed the review of all sales.
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.
There was discussion of what the Unified Court System likes to see in a courtroom setup. Mr. Peacock said they had visited the court in Busti and gotten some ideas from that.
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 she had nothing further to add to her written report.
• MOTION # 107 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).
CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of Report in Minute Book)
• MOTION # 108 OF 2015
MR. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR.
SENA SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0),
CARRIED.
• MOTION # 109 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $27,526.97 AS REVIEWED AND AUDITED EARLIER. MR.MCNEILL
SECONDED. YES (5): WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0).CARRIED.
• MOTION # 110 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $39,807.19 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
• ASSIGNMENT OF SPECIAL ACCOUNT FOR SPECIAL DISTRICT WATER/SEWER/BPU FUNDS
Mrs. Carlson said they would like to set up a special account so that the monies collected in relation to new hookups to the water/sewer; payments for BAN’s and attorney fees can be expended when needed.
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• MOTION # 111 OF 2015
MR. STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO OPEN A NEW CHECKING ACCOUNT FOR DEPOSITS AND PAYMENTS OF SPECIAL DISTRICT WATER/SEWER AND FUNDS COLLECTED BY THE BPU. MR.SENA SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
• MOTION # 112 OF 2015
ON A MOTION MADE BY MR. SENA AND SECONDED BY MR. MCNEILL, THE MEETING WAS ADJOURNED AT 7:55 PM.
Nancy M. Thomas
Town Clerk
