TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 11/9/2015, 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: Representing Chautauqua Lake Central School: Ben Spitzer, Wendy Westwood, Beth Olson, David Thomas, (Joe Rollman, Paul Hedin of Clark, Patterson, Lee Design); Brad Lawson, Zoning C.E.O.; Lynn Smith; Howard Peacock, Justice; Blair & Pamela Smoulder; Dan Strickland, Highway Sup’t.; Dave Stapleton, Attorney; Dan Thomas, ZBA/Historian; Louis Rieg, Planning; Pierre Chagnon, Legislator; Nancy Thomas, Town Clerk
• MINUTES: 10/05/15
• MOTION # 126 OF 2015
MR. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 10/5/2015 TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. STOW SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• JIM ROSELLE – Broadcasting his radio show live from the Community Building from 9-11:30 AM, Tues., 11/10/15, in Honor of Veterans Day and to Promote the TONH Veterans Memorial Project
• VETERANS MEMORIAL COMMITTEE MEETING – Thurs., 11/19/15, 10:00 AM
• PUBLIC HEARING HELD AND BUDGET 2016 ADOPTED 11/4/15
Mrs. Carlson said the town has stayed within the 2% tax cap and our town tax rate will be increased by $.03/$1,000.
• PUBLIC COMMENT:
• CLCS SUPERINTENDENT, BEN SPITZER ; District Officials & Representatives of Clark Patterson Lee, Architects will give a short presentation on the proposed plan to maintain and improve the buildings and grounds, now 15 years old. With funds withdrawn from the District’s Capital Reserve and Debt Service Funds, the proposed $12.25 million dollar project is expected to result in no cumulative cost to taxpayers
Ben Spitzer, Superintendent at Chautauqua Lake Central School (CLCS) introduced the staff members present and thanked the board for their time in allowing the presentation. Mr. Spitzer said the school has been trying to stay within the 2% tax cap and most of their funding has been going to programs. He said some maintenance had been deferred and they are now at a point where this work needs to be done.
Mr. Rollman, representing the design professionals of Clark Patterson Lee continued the presentation by reviewing the Recommended Project Scope (copy included in minute book). He said the Energy Conservation / Infrastructure Upgrades are intended not only to decrease the total energy
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consumed in the building, but will also reduce the annual operating budget. Savings are estimated at approximately $165,000 annually. Facility Upgrades & Reconstruction will address water damage on the south side of the structure in the dryvit and interior redesign to develop a more robust manufacturing technology program. The roof will have a 20 year warranty coating that is offered through the roofing material manufacturer (modified bitumen). Track and ball field reconstruction will be done to address drainage issues.
Mr. Sena said since the school is using Ripley’s ball fields, how important is it to put money into the fields at CLCS.
Mr. Spitzer said from a standpoint of using the Ripley fields, there are sometimes transportation situations that can be costly and the preference would be to keep them on our fields. He said on the other hand there are a lot of games that are moved to Ripley because those fields drain very well.
There was discussion of the roof coating system and Mr. Rollman said this coating can be redone in 20 years.
Mr. Stow asked how much state aid would be received for the project.
Mr. Spitzer said currently the state aid ratio is $.72 on the dollar. He said the concern is that figure could go away and that is why they want to go forward on the project. He said if the vote is successful they will be locked in at the $.72 for the duration of the project. He said CLCS has many positive programs and connections with other schools and the community which in turn make it attractive to other districts in terms of partnering and shared services.
NEXT PUBLIC MEETING WILL BE TUES., 11/17/15 AT TURNER BUILDING
PUBLIC VOTE – TUESDAY, DECEMBER 8, 2015 7AM-9PM AT CLCS
• LYNN SMITH, CHENEY’S POINT – SEWER
Mrs. Smith asked if there was anything that North Harmony should or could be doing to be prepared if sewer becomes possible.
Mrs. Carlson said she is serving on several committees that are trying to keep the project moving. She said grants have been applied for.
Mrs. Smith asked if it would be appropriate at this time for residents to get involved.
Mr. Chagnon said that would be premature at this time. He said next Monday the County Sewer Agency will be meeting with a representative of the NYS Environmental Facilities Corp. and hopefully by then they will have issued their intended use plan for 2016 which will tell us how this project scored and they can describe what assistance they can provide above and beyond grants that have been applied for.
1. MONTE KENNEDY – USE OF ROUND UP – Letter expressing concern about chemicals used
Mr. Sena said he has given a copy of Mr. Kennedy’s letter to a County Health Dr. who indicated he would look into it.
2. WATERSHED CONSERVANCY – BROCHURE AND DEDICATION
3. NYS COMPTROLLER – EMPLOYER FORUM
4. NYS DEPT. OF PUBLIC SERVICE – Reforming the Energy Vision Public Hearings
5. ASSOCIATION OF TOWNS – February Conference moved to NY Marriott Marquis
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6. NYMIR – 3.5% Insurance increase ($23,171 to $23,981.98) within budgeted amount
7. PLANNING BOARD MEETING MINUTES 10/13/15
8. SALES TAX FOR 3RD QTR. RECEIVED $161,934.00 (down $1,527 from last year) (total received to date is $589,043)
• OLD BUSINESS
• REVISED APPRAISAL OF MITCHELL PROPERTY
Mrs. Carlson said the revised appraisal has been received and is available for review.
• SHED FOR TRANSFER STATION $1,375 – Delivered and Insulated
Mrs. Carlson said Mr. Stow had arranged for a shed for operators of the transfer station to use during inclement weather.
• ABANDONED CAR ON AVERY PROPERTY
Mrs. Carlson said the abandoned car on the Avery property has been donated to BOCES auto class.
Mr. Strickland said they are happy to have it and they are already working on it in class.
• BLY HILL 2% BED TAX PROJECT
Mrs. Carlson said the project will begin this fall. She said Dave Spann from Soil and Water indicated we needed a letter from the owner of Candle Escents authorizing us to go onto her property if need be.
• NEW BUSINESS:
• BOCES ROAD PUSH BAN PAYMENT (due 11/26/15) AND RENEWAL
• MOTION # 127 OF 2015
MR. STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO MAKE PAYMENT ON THE BOCES ROAD PUSH BAN DUE ON 11/26/2015, AS FOLLOWS AND FURTHER TO SIGN ALL NECESSARY DOCUMENTS RENEWING THE BAN AS INDICATED. MR. SENA SECONDED.
Payment due 11/26/15 Renewal, 2016
$105,918.23 (Principal due) $95,187.23 (principal)
$10,731.00 (principal pmt. includes
$931.00 bal. remaining) int. @ prevailing rate
$ 3,210.97 (int.)
$13,941.97 (total pmt.)
YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• US IMIGRATION/DEPT. OF LABOR – FOR ALL DRIVER’S LICENSE – Labor Dept. would like a time clock
Mrs. Carlson said they are requesting a copy of all employees drivers license be included on the form to be kept on file in our office. She said they are also requesting the use of a time clock for all employees that are not salaried.
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Mrs. Carlson said a gentleman from the Department of Labor had been into the offices twice and was going through all of Judge Bensink’s files. She said because it is a federal requirement, if we do not have the items required on file they will fine you.
Mrs. Thomas said everything is changing. She said the NYS-ERS is going to be requiring that even appointed salaried persons keep a time sheet for proof in retirement claims.
Mr. Rieg asked if that applied to ancillary board members to.
Mrs. Carlson said she would assume that is correct. She said she would find out for sure.
• ZONING BOARD OF APPEALS – REPLACE DICK BARTON, RETIRED EFF. 10/28/15
Mrs. Carlson said there is a vacancy on the ZBA and asked if anyone had any recommendations on someone to fill that position.
Mr. Lawson said he and Mrs. Thomas had discussed it and felt that it would be a good idea to fill that position with someone from the Ashville Hamlet area since Mr. Barton was the only representative from Ashville. He said he had a couple of people in mind and would ask if they were interested. He said most of the board is either from the back forty or from around the lake.
Mr. Sena said if no one from Ashville is interested, he knows someone who would be interested.
Mrs. Thomas said currently there are no alternates appointed to the board.
• ZONING BOARD OF APPEALS – MEETING TIME CHANGE TO 7:00 PM
Mrs. Thomas said that this time change was suggested by the board members. She said this would keep the ZBA meeting time in line with the other town boards that meet at 7:00 PM.
The Town Board agreed to the 7:00 PM time change for the Zoning Board of Appeals Hearings.
• LOCAL LAW SETBACKS FOR ACCESSORY STRUCTURES – SET SEQR AND PUBLIC HEARING DATE
Mrs. Carlson said the board had been provided with copies of the proposed Local Law Setback regulations for Accessory Use Structures in the “R” Districts. She said we need to schedule a public hearing and SEQR on that law. She said Mr. Stapleton has agreed to do the SEQR.
• MOTION # 128 OF 2015
MR. SENA MOTIONED TO HOLD A SEQR AND PUBLIC HEARING ON A PROPOSED LOCAL LAW TO LIMIT ACCESSORY STRUCTURES IN THE “R” DISTRICTS AND MODIFY SETBACKS IN VARIOUS DISTRICTS WITHIN THE TOWN, TO BE HELD ON MONDAY, 12/14/2015, AT 6:30 PM. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• SIGN AT “V” NEAR BOCES – Determine participants (Pikes Garage; Karate School; Auto Cover; new grocery)
Mrs. Carlson said we have a number of businesses that may want to be included as indicated above. She said Mrs. Thomas had spoken to Tim Baron about doing the additions to the sign and he had indicated a cost of $40-50 per sign (2 sided). There was general discussion of the sign and it was noted that the sign is probably on NYS land.
Mr. Sena asked if the town was going to pay for the signs for the businesses.
Mrs. Thomas said she believed we had put up the major posts and the individual businesses paid for their sign on the post.
There was brief discussion of real estate signs and it was indicated they are addressed in the proposed new sign law language.
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• BUDGET PROCEDURE FOR NEXT YEAR
Mrs. Carlson said she will be drawing up something and presenting it for review for the board for next year. She said that will make clear the expectations of the board during the budget procedure.
• 2% BED TAX GRANT REQUEST FOR WORK ON GOOSE CREEK NEAR RAIN GARDEN REJECTED
Mrs. Carlson said she had authorized Dave Lloyd to purchase some trees for planting along the bank for stabilization this fall. She said that will come out of Tree budget.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the October Legislature meeting:
• Sally Carlson was appointed to the Board of Directors of the South & Center Chautauqua Lake Sewer Districts, replacing Dale Robbins.
• Rachel Ludwig of Ashville was re-appointed to the Chautauqua County Youth Board.
• After an extensive and thorough review by the Legislature Audit & Control Committee of all open capital projects, we closed 21 projects freeing up the allocated capital funds.
• We approved funding of the 9 projects approved by the Waterways Panel for the 2016 round of 2% Occupancy Tax funding, totaling $198,410. Included were a Naturalization Area on Lakeside Drive, Dutch Hollow Creek streambank stabilization, and a forest land grade stabilization project in the Town of Ellery.
• We approved the 2016 County Budget, modifying the County Executive’s tentative budget by reducing appropriations by $1,360,091, reducing revenue by $200,870, and increasing the use of fund balance by $500,000. The resulting tax levy will be 5.01% less than 2015 and the tax rate will be 6.6% less.
Mr. Chagnon said the County’s tax levy for 2016 will be 5.01% less than 2015 and the rate will be 6.6% less than 2015.
Mrs. Carlson asked if this meets the goal as far as the increase on sales tax.
Mr. Chagnon said the stipulation from NYS as far as approving the increase to sales tax was that the tax levy had to be at least 3% less than 2015 and that has been met. He said the other stipulation is that the levy for 2017 also has to be at least 3% below 2015. He said conceivably the levy could go up in the next year.
There was general discussion of the use of $500,000 from the fund balance to offset the levy and concern about less fuel tax because of decreased prices in fuel and how that will affect the budget ongoing.
KEVIN OKERLUND, ASSESSOR
Mrs. Carlson said Mr. Okerlund reported that Enhanced STAR renewal reminders will be going out soon and his office continues to process sales reports to the State.
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DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the highway department continues to prepare for the winter and stated that the salt shed construction project is complete. He said the county is storing our (unmixed) salt in the barn in Sherman. There was discussion of the increased price of salt.
Mr. Smoulder thanked Mr. Strickland for the work done on the drainage and paving at Cheney’s Point.
HOWARD PEACOCK, JUSTICE (Copy in Minute Book)
Mr. Peacock read the Justice report for October, 2015, for those present. He said things are starting to slow down some. He said he has not heard anything about the grant that was applied for.
BRAD LAWSON, ZONING CEO (Copy in Minute Book)
Mr. Lawson reviewed his written report for those present.
• CONTRACTOR’S MEETING 10/21/15
Mr. Lawson asked that it be noted for the record that Jeff Reynolds of B&L Wholesale had brought gift bags for the contractors and given a short presentation which was appreciated.
NANCY THOMAS, TOWN CLERK (Copy in Minute Book)
Mrs. Thomas said she has a NYS-ERS Standard Workday and Retirement Resolution for approval and posting for Highway Superintendent Strickland and Court Clerk Stow. She said the retirement system requires that all elected and appointed persons keep a 90 day calendar for the purpose of calculating the number of days in a month worked to be reported. She said the resolution must be posted for 30 days and then filed with the NYS-ERS. She said it would also be good for Mr. Peacock to begin a new calendar as he is putting in more hours now that he is the only justice.
Mrs. Carlson asked about Mrs. Miller and it was determined that when she becomes salaried in January, 2016, she should also complete a calendar for reporting purposes.
• MOTION # 129 2015
MR. WHITNEY MOTIONED TO ADOPT THE FOLLOWING RESOLUTION FOR ESTABLISHMENT OF STANDARD WORKDAY AND RETIREMENT REPORTING FOR ELECTED OFFICIAL DAN STRICKLAND, HIGHWAY SUPERINTENDENT AND APPOINTED COURT CLERK, VICKIE STOW. MR. MCNEILL SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
(copy of resolution in minute book)
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• APPOINTMENT OF DAN THOMAS AS FIRST INTERIM DEPUTY TOWN CLERK
Mrs. Thomas said that previously she had appointed Mrs. Best as Temporary Deputy Town Clerk at the August board meeting. She said there are a number of reasons why Mrs. Best cannot work the number of hours necessary during tax collection and she would like to continue to hold the position open for Mrs. Vaillancourt when she recovers from her accident. She said she would like to appoint Dan Thomas as interim Deputy Town Clerk and Registrar as he has no expectations of this being a permanent position.
Mrs. Carlson asked Mr. Thomas if he would be available for the hours needed.
Mr. Thomas said yes.
There was discussion and Mrs. Thomas said it is allowed that she retain 2 deputies. She said Ms. Vaillancourt had severe injuries and it is very much up in the air as to when she might possibly be able to resume any duties.
Mrs. Carlson asked what rate per hour Mr. Thomas would receive.
Mrs. Thomas and Mrs. Carlson said we start clerks at $10/HR.
It was noted that if Mrs. Thomas or Mr. Thomas is unavailable Mrs. Carlson is also a Registrar
• MOTION # 130 OF 2015
MR. WHITNEY MOTIONED TO APPOINT DAN THOMAS AS TEMPORARY FIRST DEPUTY TOWN CLERK AND REGISTRAR AT AN HOURLY RATE OF $10/HR EFFECTIVE 11/9/15.
MRS. CARLSON SECONDED.
Mr. Sena asked about Mrs. Best.
Mrs. Carlson said that Mrs. Best can only work one day with her unemployment status.
Mrs. Thomas said she had not wanted to discuss Mrs. Best’s private business at the meeting.
Mrs. Carlson agreed and said that is Mrs. Best’s personal business.
Mrs. Thomas said she is basing her actions on what Mrs. Best has told her.
Mr. Whitney said this is based on what Mrs. Best can work.
There was discussion of looking outside for a deputy town clerk. There was also discussion that the Town Clerk can appoint her deputy and the board has the control of the financial aspect.
Mrs. Carlson said as long as it is a temporary situation it makes sense.
Mr. Thomas made it clear that he only wished to help during the tax season and is prepared to do that.
He assured the board that he is not looking for a full time position.
YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
• MOTION # 131 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
• MOTION # 132 OF 2015
MR. STOW MOTIONED TO APPROVE THE SUPERVISORS REPORT AS PRESENTED. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
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VETERANS MEMORIAL COMMITTEE – BLAIR SMOULDER
Mr. Smoulder said he would like to say that the radio station was very enthusiastic about their presentation on 11/10/15 with Jim Roselle. He said the Veterans Committee had stuffed 1,500 envelopes to send to residents and wanted to thank all those who had helped. He said he would like the minutes to reflect a special thanks to Nancy Thomas for coordinating the printing, getting us a third class mailing status for the letter and the mailing of all the letters. He said she really did a lot of work getting this together for the committee. He said the project committee has been at this for 3 years plus and they have raised $36,400 to date and this has come mostly from residents. He said he wanted to commend what the residents have done to dig into their pockets to get this done. He said our goal is to complete this project this summer.
• MOTION # 133 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $57,184.92 AS REVIEWED AND AUDITED EARLIER. MR.MCNEILL
SECONDED. YES (5): WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0).CARRIED.
• MOTION # 134 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $60,758.97 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
• MOTION # 135 OF 2015
ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MR.STOW, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:30 PM.
Nancy M. Thomas