TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 10/5/2015, 7:00 PM
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; Lynn Smith; Howard Peacock, Justice; Barb Hoyt; Blair Smoulder; Dan Strickland, Highway Sup’t.; Dave Stapleton, Attorney; Charles Avery; Eric Leathers; Katie Zimmer, Deputy Court Clerk
• MINUTES: 09/14/2015:
• MOTION # 113 OF 2015
MR. SENA MOTIONED TO ACCEPT THE MINUTES OF THE 9/14/2015 BOARD MEETING AS PRESENTED BY THE TOWN CLERK WITH THE CORRECTION OF A MINOR CLERICAL ERROR. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• DICK SENA – Information on Conewango Watershed
Mr. Sena said that Sue Nielson from the Conewango Watershed Association had spoken to him recently and indicated that Conewango Creek has been named Pennsylvania River of the year. He said that Chautauqua County is 80% of their watershed and she gave him her business card for anyone interested in activities they plan this fall. She also gave him a very nice poster.
• Two New Businesses in Ashville – Speedy Auto and American Karate (replacing Evergreen Outfitters)
Mr. Sena said his company had been doing the work on the building for the Karate school which is owned by John Lapare from California. He welcomed the new businesses to the area.
• PUBLIC COMMENT:
1. NYS – CHIPS – Received $65,010.06
2. NYS – Per Capita Aid $11,821.00
3. DAVE GROTH – Concerns at Lighthouse Park
Mrs. Carlson said Mr. Groth’s letter indicated he is especially concerned about the number of “No Parking” signs there. She said Mr. Strickland had been down and looked over the situation.
Mr. Strickland agreed there are too many signs there.
Mr. Sena said there is some redundancy there.
Mr. Stow said it keeps people from driving into the lake. He also said he would rather see a couple of extra signs that have to pull a vehicle out of the lake.
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• OLD BUSINESS
• MAGNOLIA ROAD SURVEY – Town ROW to lake
Mrs. Carlson said we had received the survey and the dock is definitely located in the Town of Chautauqua ROW, but the dock that is stored on the shore is in the Town of North Harmony ROW.
Mr. Lawson said when he had spoken to Mrs. McMahon she had asked if the dock was taken out of the lake and placed in the town ROW would someone come and take it away. He said he had told her yes.
Mr. Stapleton asked for contact information for the McMahon’s and a copy of the map. He said he will send a letter indicating that the dock may not be stored on town property.
• ABANDONED VEHICLE ON AVERY PROPERTY – ADVERTISE FOR BIDS
Mr. Stapleton said V&T Law 1224 indicates that an abandoned automobile, even on private property, becomes the towns responsibility and they must take title automatically. He said since there are no plates, the owner need not be notified. He said the cost of removal is reimbursed through the sale of the vehicle to the junk yard. There was discussion of the previous motion at the September meeting which stated the town had no interest in the vehicle and after further legal advice it was determined that was not allowable by DMV law.
• MOTION # 114 OF 2015
MR. WHITNEY MOTIONED THAT THE TOWN OF NORTH HARMONY TAKE POSSESSION OF THE ABANDONED VEHICLE LOCATED ON THE PROPERTY OF CHARLES AVERY AND FURTHER SAID VEHICLE WILL BE TURNED OVER TO A SALVAGE YARD, SINCE IT CANNOT BE TITLED AGAIN AND IS NOT ROAD WORTHY. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• TANNERITE – Not sell or buy; NYS A9871 & NYS S5276
Mrs. Carlson said both the Assembly and Senate are working on bills to prohibit the sale or purchase of tannerite. The bills have not yet been passed.
• MOTION # 115 OF 2015
MR. STOW MOTIONED TO SEND A LETTER IN SUPPORT OF NYS A9871 AND NYS S5276 PROHIBITING THE SALE OR PURCHASE OF TANNERITE. MR. WHITNEY SECONDED. YES (4): WHITNEY, STOW, MCNEILL, CARLSON. NO (1): SENA. THE MOTION WAS CARRIED.
Mr. Lawson said he does not use tannerite but he is concerned that if the board sends something to the legislature they may at some point attach it to some bill having to do with ammunition or gun rights.
Mr. Sena said it appears that the reason it is in a bill is because people use it incorrectly.
Mr. Stow said he is in favor of gun rights but when someone can set off tannerite in the Town of Busti and have it rattle his house, there is something wrong.
There was further general discussion.
NYS COMPTROLLER – FISCAL STRESS – 22.5 No Designation
• APPRAISAL QUOTES ON MITCHELL PROPERTY
Mr. Sena said he had reviewed the appraisal report and there are still mistakes on it. He said he would like to have Mr. Holt correct them so they are clear. He said most of the footage corrections the
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appraiser made were on parcel #2, but he had made his own notes and there were still corrections to be made (i.e. 453’ instead of 433’) which will correct the math totals. He said it is also incorrect that both parcels are the same footage and they are not, which also makes the math totals incorrect. Mr. Sena said he had put post it notes where the errors are located.
Mrs. Carlson said she would ask Mr. Holt to make the corrections.
Mr. Stapleton asked if the town would be advertising the property for sale.
Mrs. Carlson said no, that was not our intention.
• NEW BUSINESS:
• DISCUSSION OF ADDITION TO TOWN BUILDING WITH DICK SENA & ERIC LEATHERS
Mr. Sena said Eric is a recent architectural graduate from Kent State and he worked with him this summer. He said Eric has done some preliminary drawings of a building expansion for the court. He said the town is applying for a grant of $30,000.00 and they have visited the Busti and Chautauqua courts to get ideas.
Mr. Leathers said the addition would be about 1,600 sq. ft. which includes the following: small conference room; large conference room that will directly access the court room; 2 handicap accessible bathrooms; mechanical room; storage closet. He said this is a preliminary concept to help in the grant application process.
Mr. Sena said that part of the challenge is that all the utilities will need to be moved and the current heating system is not large enough for the addition.
There were general comment and discussion on the drawings from the board members.
Mrs. Carlson thanked Mr. Sena and Mr. Leathers for their work and asked all to review the preliminary drawings.
Mr. Peacock said they would also need an estimate of cost and there is also a signature page that must be completed. He said he had already submitted a portion of the grant application electronically, but they will not do anything until they receive the other necessary paperwork.
Mrs. Carlson asked if an estimate could be provided. She asked Mr. Peacock if this preliminary design would be alright to submit for the grant application or if we would be held to an exact design.
Mr. Peacock said he believes the preliminary drawing would work but he would check into it.
Mr. Smoulder asked where the money would come from for the project.
Mrs. Carlson said it might have to be bonded.
Mr. Sena noted that the number of court cases has doubled and the state continues to mandate things which can’t be accommodated in the current building (i.e. no windows in court room, metal detectors, etc.).
Mr. Peacock said we can apply for grants this year for up to $30,000 and perhaps we can seek further grant funding for the project next year.
• 2016 BUDGET WORK SESSION – WED. 10/14/2015 AT 6:00 PM
• 2016 BUDGET HEARING – WED. 11/4/2015 AT 7:00 PM WITH A BOARD MEETING TO FOLLOW
• NORTH HARMONY TRICK OR TREAT HOURS – SAT. 10/31/15 5-7:00 PM
• HIGHWAY M.E.O., ANDREW POST 6 MONTH, 1$/HR. RAISE EFFECTIVE 10/7/15
Mr. Strickland stated that Mr. Post’s evaluation is satisfactory and he recommended that the incremental raise be awarded.
10/5/15 (Pg. 4)
• MOTION # 116 OF 2015
MR. WHITNEY MOTIONED TO AUTHORIZE A 1$/HR. RAISE ($18/HR. $27/HR. OT) FOR M.E.O. ANDREW POST EFFECTIVE 10/7/2015. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• BLAIR SMOULDER, VETERANS MEMORIAL COMMITTEE – FUNDRAISING LETTER
Mr. Smoulder said the “Name a Daylily” fundraiser is done and $5,000.00 was raised. He gave a brief description of the other fundraiser’s that had been held in support of the memorial but said we hadn’t really had a formal capital campaign. He said the committee is working on a letter campaign which will go out to all residents, property owners, businesses and organizations in the town. He said he drafted the original letter and it will be reviewed by the committee at the next meeting. He said the mailing will include a single page letter, a donor card and a return envelope.
Mrs. Carlson said we will be mailing about 1,500 letters out.
Mr. Smoulder said he had contacted WJTN radio station and they are going to do a remote broadcast from the town building on November 10, 2015, from 9:00 AM – 11:30 AM in support of Veterans Day that will include interviews with local Veterans. He said the timing of the letter mailing should be about 11/1/2015, so that people who hear the program will have the mailing in hand. He said other stations have agreed to do excerpts of the interviews in support. He said it should be fun and will hopefully give the fund a boost.
PIERRE CHAGNON, LEGISLATOR
Mrs. Carlson said Mr. Chagnon had another meeting to attend. Following is his written report for the Legislative meeting held September, 2015:
• We enacted a local law, effective February 15, 2016, prohibiting the sale of personal care products containing microbeads in Chautauqua County. Microbeads are a synthetic alternative ingredient to such natural materials such as ground almonds, oatmeal and pumice, found in over one hundred personal care products, including facial cleansers, shampoos and toothpastes, pose a serious threat to Chautauqua County’s environment. Microbeads have been documented to collect harmful pollutants, already present in the environment, and harm fish and other aquatic organisms that form the base of the aquatic food chain. Microbeads have been found in high quantity in New York State’s water bodies, and in particular, the waters of Lake Erie. Research has indicated that the majorityof these microbeads are entering bodies of water through disposal down household drains and pass through sewage treatment facilities to pollute Lake Erie, Chautauqua Lake, and other water bodies and waterways within Chautauqua County.
• We accepted U.S. Department of Housing and Urban Development (HUD) grant funding in the amount of $2.2 million for the Lead Hazard Reduction Demonstration Grant Program for the three-year period from September 1, 2015 to August 31, 2018 to identify and control lead-based paint hazards in eligible privately owned housing.
• We accepted New York State Environmental Conservation funding arranged by State Senator Cathy Young, with $50,000 pledged to the Chautauqua Lake and Watershed Management Alliance for the implementation of an invasive species management program in the Chautauqua Lake watershed.
• We adopted a resolution of the County Legislature increasing the sales tax. Effective December 1, 2015 the sales tax will increase from 7.5% to 8%, provided the County property tax levy for 2016 and 2017 is at least 3% less than the 2015 property tax levy.
10/5/15 (Pg. 5)
• We received an inspiring presentation by the County Executive of his 2016 tentative budget, which provides the foundation for eliminating the long-standing County budget structural deficit. It meets mandated service requirements, maintains essential local services, increases funding for roads and bridges, reduces criminal justice costs, reduces overall spending, and implements the largest property tax cut in 3 decades while enabling a flat tax levy in 2017. 2016 will be the second year in a row that we will cut spending. Of particular local interest are the addition of staff in Environmental Health to handle septic system inspections, and the addition of a full-time EMS Coordinator to implement the forthcoming recommendations of the countywide EMS study.
KEVIN OKERLUND, ASSESSOR (no report received)
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the highway is hoping to get into the shop soon and get the trucks and plows ready for winter. He said the work on the salt shed will begin next week and will hopefully be completed within a week. He said he had to rent a piece of equipment ($2,500 for 2 weeks) to help lift the trusses/frame for the shed and this was checked out with the insurance company. The parking lot has been completed and all agreed it looks very nice.
HOWARD PEACOCK, JUSTICE (Copy of report in Minute Book)
Mr. Peacock said it had been another busy month and the number of cases had again doubled for September, 2015 as compared to September, 2014. He said the justice conference had been very informative and thanked the board for the opportunity to attend.
BRAD LAWSON, ZONING C.E.O. (Copy of report in Minute Book)
Mr. Lawson said he has issued about 67 permits this year. He said the meeting with the contractors has been rescheduled for 10/21/15. He reviewed the rest of his report for those present. There was discussion of extension of sewer lines for a possible sub-division project at Grandview. He said BOCES is looking to put in new signs at both the school and safety village. He asked if the board would be willing to waive the permit fee for the Safety Village at BOCES.
Mrs. Carlson said she had been approached by Jay Gould and asked to take a position on the S&CCLSD board. She said she had accepted and the first meeting is tomorrow.
• MOTION # 117 OF 2015
MR. STOW MOTIONED TO WAIVE THE PERMIT FEE FOR SIGNAGE AT BOCES CHILDRENS SAFETY VILLAGE. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
NANCY THOMAS, TOWN CLERK (Copy of report in Minute Book)
Mrs. Thomas is away on vacation but her written report is included in the minute book. Katie Zimmer, Deputy Court Clerk is at the meeting in her stead to record and take minutes.
• MOTION # 118 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).
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SALLY P. CARLSON, SUPERVISOR (Copy of Report in Minute Book)
Mrs. Carlson said Dave Lloyd had stopped in today and indicated that he has a little mulching left to do at the Rain Garden, but he was pretty much done for this year.
• MOTION # 119 OF 2015
MR. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR.
SENA SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0),
• MOTION # 120 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $62,968.86 AS REVIEWED AND AUDITED EARLIER. MR.MCNEILL
SECONDED. YES (5): WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0).CARRIED.
• MOTION # 121 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $139,837.19 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
• MOTION # 122 OF 2015
ON A MOTION MADE BY MR. STOW AND SECONDED BY MR.SENA, THE MEETING WAS ADJOURNED AT 8:03 PM.
Nancy M. Thomas