TOWN BOARD 6/13/2016

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY 6/13/16,   7:00 PM

 

SALLY P. CARLSON, SUPERVISOR                                                                 PRESENT

FRANK STOW, COUNCILMAN                                                                         PRESENT

RICHARD SENA, COUNCILMAN                                                                       PRESENT

DUNCAN MCNEILL, COUNCILMAN                                                                PRESENT

LOUISE ORTMAN, COUNCILWOMAN                                                                       PRESENT  

 

OTHERS PRESENT:  Dave Stapleton, Attorney; Robin Miller, Bookkeeper; Lynn Smith; Helen & Clayton Emick; Mark & Beverly Wachowiak; Will Ortman; Pierre Chagnon, Legislator; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Brad Lawson, Zoning CEO; Nancy Thomas, Town Clerk

 

• PLEDGE

 

• MINUTES: 5/9/2016

 

• MOTION # 61 OF 2016

1. SENA MOTIONED TO ACCEPT THE MINUTES OF THE 5/9/2016 TOWN BOARD MEETING AS SUBMITTED BY THE CLERK. MR. STOW SECONDED. YES (4): STOW, SENA, MCNEILL, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

• ANNOUNCEMENTS:
• NORTH HARMONY UNITED METHODIST CHURCH – Building Dedication Sunday, 7/10/16 at 12:30 Public invited to join them for lunch

 

• VACANCY – APPOINTMENT

           

• MOTION # 62 OF 2016

MRS. CARLSON MOTIONED TO APPOINT LOUISE ORTMAN TO FILL THE VACANT TOWN BOARD POSITION OF RALPH WHITNEY EFFECTIVE 6/13/2016 – 12/31/2016.  MR. MCNEILL SECONDED.

Discussion:

Mr. Sena noted that the town had put this vacancy notice out to all the existing boards, i.e. Zoning and Planning.  He said that only one person has submitted a letter of interest in filling that post.

Mr. Emick asked if the boards were notified in writing.

Mrs. Carlson and Mr. Sena said all were notified verbally.

Mrs. Emick said she had made it verbally known that Mr. Emick was interested in serving on the Town Board.

Mr. Sena said Mrs. Ortman had written a letter of interest and submitted it to the board.

There was discussion of what the policy is when there is a vacancy.

Mrs. Carlson said it is a function of the town board to appoint someone to complete that year in the vacancy and then there is a special election in November to elect someone to fulfill the vacant term of office.

Mr. Emick said he had previously expressed interest in being appointed to fill Councilman Thomas’

term when it became vacant.  He said he feels the procedures need to be adjusted.

YES (4): STOW, SENA, MCNEILL, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

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The Town Clerk administered the oath of office to Mrs. Ortman at the conclusion of which she assumed her position on the Board.

Mrs. Carlson apologized to Mr. Emick and stated that she had not been aware that he was interested in the position.

At Mr. Emick’s request, a copy of the letter he read from at the 6/13/16 Board meeting is attached to these minutes.

 

• PUBLIC COMMENT:
• MARK & BEVERLY WOCHOWIAK – DOCK AT TOWN ROW ON MAGNOLIA

            Mr. Wochowiak said that his family has been coming to the lake for over 31 years.  He said they would like to find out what the process to install a dock at the end of Magnolia Rd. would be.  He said it would be general access for anyone in the public to use.  He provided a survey and photos.  He said the survey shows where the dock used to be and there had been questions as to whether the dock was on private or Town of Chautauqua property.  He said based on the survey they could not put it where it had been before.  He said they would like to obtain a permit to put the dock on the Town of North Harmony ROW (ref. TONH Town Board Minutes 8/10/15; 10/5/15; 3/14/16; 4/11/16).  Mr. Wochowiak referenced the minutes from 8/10/15 and indicated that he felt that Mr. Schaefer’s issue was that the docks were stacked in area that was detrimental to his view.  He said that he had not been involved in the previous issue of the dock, but they were in the process of purchasing the dock sections from the McMahons and would like to gain permission to put it on the Town ROW.  He said the reason the previous dock owners had put up the Private Dock sign was for liability purposes on the instruction of their attorney.  He indicated that a lot of private money had been invested in the dock and the area around it to keep it clean and safe.  He said many residents of the Escapes and on Magnolia used the dock regularly and they would like to continue that practice.  He said they would like some direction from a permitting standpoint.

            Mr. Sena asked exactly where they wanted to locate the dock.

Mr. Wochowiak said they want to go about six feet out on the TONH ROW and then straight out.

Mrs. Carlson said the paper street located there was used for fire engine access to the lake so that water can be reached in case of a fire.  She said the town is not in a position to give a permit for a dock as it would set a precedent.

Mr. Stapleton said the town has numerous ROW’s to the lake and to try and determine who you would issue a permit to (i.e. lottery system); whether it would be a private or public dock; parking; etc.  He said there would be a lot of issues and questions.  He said as far as he knows the town has never permitted any kind of dock on any of its ROW’s.

Mr. Stow said he feels that all paper street ROW’s to the lake should be preserved for the use of emergency vehicles.

Mr. Wochowiak indicated that the dry hydrant that is located there does not work and the water is not deep enough for pumping.  He said in a past fire situation on Magnolia, they had used a pumper truck into the lake at the Chautauqua Escapes landing.  He also stated that the street has No Parking signs on it.

Mr. Sena said people do not pay any attention to the signs as evidenced by past situations on lake access roads in the town.

Mrs. Carlson asked who would cover the liability insurance on the dock.

Mr. Wochowiak said the permit and signage could indicate that the township is not liable.  He said he would check with his insurance company about liability but he would not like to take liability if someone else was acting dangerously on the dock.  He said he is not there all the time to keep an eye on it.

Mr. Sena said if the dock is on town property it confers the right of anyone in the town to use it.

Mr. Stapleton questioned how the anti-funneling law would apply to this situation as far as restricting the number of houses that could use the dock.

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Mr. Lawson said you have to own 40’ of lakefront to put out a dock for one residence.  He said it would not fit with the funneling law ever with a Special Permit process.  He said the reason for the funneling law is because of all the reasons previously stated.

There was further general discussion and it was mentioned that there have been issues with this type of situation before.  The general consensus was that ultimately the town would be responsible in a liability situation if they granted a dock permit and that is something they are reluctant to do.

Mr. Strickland said he has been involved in this situation for almost a year and things have gotten totally out of hand with neighbor against neighbor.  He said it is unfortunate that this has happened.  He indicated that the dock had originally belonged to Mr. Hart and another gentleman from Cincinnati.  He said after Mr. Hart’s death, the dock had been left on the shore for one year and then the McMahon’s had simply confiscated the dock,  put it out, posted it and started kicking people off who were on it.

Mr. Wochowiak said he understood the towns concerns but would still like to put out the dock and be responsible for taking care of it and the area.  He said maybe what he would do is store the dock and perhaps come back to the board in a couple of years when things have calmed down.

 

• MOTION # 63 OF 2016

1. STOW MOTIONED TO ALLOW MARK WOCHOWIAK TO INSTALL A DOCK ON THE TOWN OF NORTH HARMONY RIGHT OF WAY LOCATED ON MAGNOLIA RD. MR. MCNEILL SECONDED. ORTMAN, NO; MCNEILL, NO; CARLSON, NO; STOW, NO; SENA, NO. THE MOTION WAS UNANIMOUSLY DEFEATED.

 

• HELEN EMICK – LAKE WEED CONDITIONS

            Mrs. Emick said the weed situation on the lake is very bad and in her conversations with the CLA, they have indicated that they will eventually get to them.  She said the CLA has indicated that funding to the CLA from the Town was cut back.

Mrs. Carlson said it was not cut back.

Mrs. Emick said that is what the CLA is telling the residents.  She said they indicated that they only have 6 weed cutters on the lake.  Mrs. Emick asked what happened to the rest of them.

Mrs. Carlson said she had spoken to the CLA this morning and they were supposed to be in the area tomorrow.

Mrs. Emick said the question was raised with the CLA if there are units available that are not on the lake, could a town on the lake perhaps rent them out for their own use in a specific area.  She said the CLA indicated that they could look into that, but they would have to use their own crew’s for liability purposes.

Mrs. Carlson said Chautauqua does that all the time.  It was noted that there are 9 weed cutters with one out of repair.  Mrs. Carlson said she would be calling the CLA tomorrow to find out who is giving out misinformation about the town.

It was discussed that the weeds currently in the lake are curly leaf pond weed.  These weeds usually sink to the bottom of the lake by the end of June.

 

• CLAYTON EMICK

            Mr. Emick said he would like to get clarification on what it takes to be appointed to the Town Board.

He said he receives different answers every time he asks.  He said most recently he was told that you have to have been previously on the Zoning or Planning Board.

Mrs. Carlson said that is not a requirement, but it has been the precedent in prior appointments, simply because people who have served on these boards have shown an interest and knowledge in how the town operates.  She said she understands that Mr. Emick serves on the Board of Assessment Review, but that

 

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is only once a year.  She said she doesn’t think anything formal has been set down as far as what the procedure for that type of appointment would be.

Mr. Emick said he feels the town board should get together and determine what the requirements are.

Mr. Stapleton said the requirements are: Town Law Sec. 64; para. 5. Vacancies: Whenever a vacancy shall occur or exist in any town office, the town board or a majority of the members thereof may appoint a qualified person to fill the vacancy…..If the appointment be made to fill a vacancy in an elective office, the person so appointed shall hold office until the commencement of the calendar year next succeeding the first annual election at which the vacancy may be filled.  A person otherwise qualified who is a member of the town board at the time the vacancy occurs may be appointed to fill the vacancy provided he shall have resigned prior to such appointment. 

Mr. Emick said he agreed with this.

Mr. Sena said he believed as Sally stated that if someone has put in the time and knows the town that is who is generally appointed as it is an easier transition.  He said that an appointment to an elected position typically only lasts for a few months and at that time any resident is eligible to run for the office.  He said certainly he was not speaking about Mr. Emick as he is an active member in the community and attends many meetings.

Mr. Emick said he had provided his qualifications twice to the board.

Mr. Sena said the board had not received anything from him.

Mr. Emick stated that he had sent an email to Mr. Sena regarding the vacant position.

Mr. Sena said he had not received an email.

Mrs. Carlson asked when the email was sent.

Mr. Emick said on 5/13/2016 he had sent the email only to Dick Sena because he thought he was the spokesman for the entire board.

Mrs. Carlson said Mr. Emick could certainly run for the office.

            (Attached to the minutes is a copy of the questions and qualifications submitted by Mr. Emick at the meeting)

 

• CORRESPONDENCE:

The following correspondence has been received by the Town of North Harmony and is available for review at the offices:

 

1. LOUISE ORTMAN

 

2. CHARTER COMMUNICATIONS (Formerly Time Warner) 5/27/16; 6/1/2016 – Markets under Spectrum

 

3. THANK YOU – RALPH WHITNEY FAMILY

 

4. DAVE GROTH – SIGNS

            Mrs. Carlson said the signs in question have been removed and/or adjusted.

 

5. AG & MARKETS INSPECTION

 

6. SOUTH & CENTER CHAUTAUQUA LAKE SEWER EXTENSION – Janelle Chagnon

            Mrs. Carlson said this is the complete outline of the South & Center Sewer Extension along with a SEQR.  She said Phase I will involve the installation of approximately 3,750 linear feet of forced main.  She

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said the reason for the 1st Phase is it had to be a shovel ready project.  Phase II will concern the parcels of land located north of Goose Creek pumping station through the hamlet of Stow. This phase would provide public sewers consisting of grinder pumps, pressure sewer collection systems and gravity sewers in specific locations.  Approximately 46,200 linear feet of pipeline will be installed at the following locations: Extension of the forced main along Rt. 394 from Goose Creek to Stow; Extension of the sewer along state and town roadways located east of NYS Rt. 394 to serve parcels that reside between 394 and the lake.  The proposed sewer extension will also serve parcels located on the west side of Rt. 394 that bound NYS 394 with existing structures that are located no more than 500 ft. from the center line of Rt. 394.  Phase III will be from the hamlet of Stow to the existing North Shore Chautauqua Lake Sewer District.

 

7. ANONYMOUS LETTER ABOUT PARTYING ON WILCOX RD., GREEN FLATS RD. –

            Harmony not North Harmony

 

8. NYMIR – REASONABLE TESTING FOR CDL

 

9. CHAUTAUQUA LAKE ASSOC. – DENIM & DIAMONDS GALA – 6/17/16 AT $100 EACH

 

10. RATE CHANGES FOR HEALTH INSURANCE FOR 2017

                                                            2016                            2017

            Individual                               $396.56                       $408.47

            Emp./Child                            $674.15                       $694.40

            Emp./Spouse                          $793.12                       $816.94

            Family                                                $1,130.20                    $1,164.14

 

11. DENNIS BROOKS – WORKMANS COMP. – 2016- $71,039; 2017- $76,362.86 (up $5,323.86)

 

12. NYS DEPT. OF TAXATION & FINANCE – 1^st Annual Summit 9/29/16, Brooklyn, NY

                                                                                       – Equalization Rate is at 100%

 

13. PLANNING BOARD MINUTES 5/10/2016

 

14. RESTORE NY – Live Webinar 6/28/16

 

15. FAA – Received Notification of Complaint about helicopter in Ashville Bay Area

 

16. CONSTELLATION NEW ENERGY

            Mrs. Thomas said this is the company that the town contracts with for electric services through the AOT.  She said the letter indicates that the Federal Energy Regulatory Commission has proposed the development of 3 TOTS projects.  She said basically costs associated with this will be passed down to the customers beginning in June.  They will be shown as a separate line item.

 

• OLD BUSINESS

 

• AUDIT OF COURT BOOKS – BAHGAT & LAURITO-BAHGAT

            Judge Peacock said the audit has been completed, but nothing in writing has been received at this time.  He said Mrs. Stow has contacted them about a written report.

 

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• SIGNS AND PIPE AT FERRY AND LAKELAND – REMOVED

            Mr. Sena said this has all been completed.

 

• M&T BAN BOCES/SUNRISE COVE – Received Cancelled 2015 BAN

 

• COURT ADDITION – RELOCATE UTILITIES

            Mrs. Carlson said we need to get the utilities relocated.  She said Mrs. Miller has spoken to National Grid; Mr. Sena will meet with National Grid and all those involved working on this.

Mrs. Thomas said Mr. Sampson of Chautauqua Utilities had stopped by to discuss the gas lines. She said she had sent him to Mrs. Stow since she had the drawings.

 

• VETERANS’ PARK

            Mrs. Carlson said they are making amazing progress on the Veterans Park project.  She invited all to go and take a look.  She said completion would depend on when the granite is done and delivered.

 

• MEMORIAL DAY

            Mrs. Carlson thanked everyone who helped with the Memorial Day Service.  She said it was wonderful and an amazing day.

Mr. Sena commented on what a wonderful job Mrs. Carlson’s granddaughter’s had done at the service.

 

• EMPLOYEE HANDBOOK REVISIONS – MEETING TUESDAY, 6/14/16 AT 7:00 PM

 

• RENEW MEMBERSHIP IN CHAUTAUQUA ALLIANCE @ $2,000.00

            Erin Brinkley, Executive Director, of the CLWMA, spoke to the board.  She said the Alliance has been in operation for over a year now and gave an outline of what has been accomplished thus far.  She spoke about the Mission of the CLWMA which involves working with lake and watershed organizations, municipalities and other stakeholders on implementing recommendations from the Chautauqua Lake Watershed Management Plan (CLWMP) and the Chautauqua Lake Macrophyte Management Strategy.   She spoke about grant funding for Water Quality Improvement Programs; 2015 Leveraging of funds which resulted in $1,000,000 in grants for streambank stabilization projects in the watershed.  She also discussed the CLWMA 2015-16 Timeline and what they have accomplished and hope to accomplish.  She encouraged the town as an Alliance member not to hesitate in contacting her in identifying and developing water quality projects as well as providing grant writing services.  She said that by working in collaboration with as many stakeholders as possible, we deepen our collective focus, strength, and leveraging capabilities, for the benefit of Chautauqua Lake, its Watershed, and ultimately the Community.  She provided a summary of the 2015 State Grants.

            Mr. Sena said his major concern is Ball Creek and he feels upstream needs to be addressed as well as at the entrance to the lake.

Ms. Brinkley said the engineering is not done yet.  She said Ball Creek is one of CLWMA’s six funded grants.  She said they will be doing general stream bank stabilization for sediment control.  She said the area under the highway is under NYS control, but there are efforts being made on this.

There was general discussion of the state of Ball Creek and the concern about the buildup of sediment at the I-86 Bridge.  There was further discussion of the watershed in regard to sediment control and nutrient loads.  There was discussion of the necessity of maintaining the work that is being done under these grants and the responsibility of that maintenance.  There was discussion of dredging.

 

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Mrs. Carlson noted that the dues for the Town of North Harmony membership in the CLWMA are $2,000.00 this year.

 

• MOTION # 64 OF 2016

MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN ANY AND ALL DOCUMENTS TO RENEW THE TOWNS MEMBERSHIP IN THE CHAUTAUQUA LAKE WATERSHED MANAGEMENT ALLIANCE, FOR 2016-17 AND FURTHER TO RELEASE FUNDS IN THE AMOUNT OF $2000.00 FOR DUES.  MR. STOW SECONDED.  YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

 

• NEW BUSINESS:

 

• HIGHWAY – NEW M.E.O. – KRIS BLACK

            Mr. Strickland said Mr. Black is a mechanic and graduated from the Ohio Technical Institute as a diesel mechanic.  He said Mr. Black was previously employed by Suit Cote and found out about the job opening when Jeff Hosier left the highway department to go back to work there.  Mr. Strickland said he had

contacted many references and others and was impressed with what had been said about Mr. Black.  He said Mr. Black is respectful and a hard worker.  He said he had hired Mr. Black on 5/24/2016.

 

• MOTION # 65 OF 2016

22. STOW MOTIONED TO AUTHORIZE THE PROBATIONARY HIRE OF KRIS BLACK AS A HIGHWAY M.E.O. EFFECTIVE 5/24/2016, AND FURTHER TO AUTHORIZE PAYMENT OF WAGES BEGINNING 5/24/2016, IN THE AMOUNT OF $15/HR. AND $22.50/HR. OVER TIME.
23. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0).  THE MOTION WAS CARRIED.

 

• SEWER EXTENSION WEST SIDE OF LAKE – SEQRA APPROVAL FOR SEWER EXTENSION PROJECT

 

• MOTION # 66 OF 2016

1. SENA MOTIONED THAT THE TOWN OF NORTH HARMONY NAME CHAUTAUQUA COUNTY AS LEAD AGENT FOR THE SOUTH AND CENTER CHAUTAUQUA LAKE SEWER DISTRICTS SEWER EXTENSION FOR THE WEST SIDE OF CHAUTAUQUA LAKE SEQRA. MRS. ORTMAN SECONDED.  YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

• INSTALL A FENCE AT CHENEY’S POINT

            Mrs. Carlson said we have been having problems again at Cheney’s Point with unauthorized use of the Towns ROW located there.  She said it was suggested that perhaps the town install a fence to stop the intrusion.

Mr. Sena said we should be more specific.

Mrs. Carlson said this goes back to the land locked small piece of property that Mr. Wengerd purchased at Cheney’s Pt.  She said large groups of Amish are gathering there again and creating some problems in the neighborhood.  She asked if the town wishes to keep the ROW open or close it.

 

 

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Mr. Stow said if it could be limited to only foot traffic there instead of vehicle traffic that would be a step in the right direction.  He said if Mr. Strickland put some large blocks there, it would allow walking but not vehicles.

            Mr. Strickland said they could do something that looks a little nicer than the blocks.

Mr. Lawson said the original issue was with the porta-john that they had built and that is gone.

Mrs. Smith said the one porta-john is still there.

Mr. Peacock said Judge Bensink had ordered the structure be taken down.

It was discussed that that there were two facilities at the site; one that the owner had built as a porta-john and the other that was a standard movable porta-john.

Mr. Stapleton said the ROW is town property and asked what its function is.

Mrs. Carlson said it is her understanding that it is an access to allow the highway department to maintain the stream.

Mr. Stapleton said if you identify the property and its function for the town you can remedy the situation so that it is strictly limited for town employees to use to maintain the stream.

It was discussed that the area has been used for recreation in the past.

Mrs. Thomas said the town had been through this before and NYS law says you cannot deny foot access to a landlocked parcel.

Mr. Stapleton said this is not supposed to be a public town issue; it is supposed to be a private issue based on private individuals going across a subdivision street shown on the map.  He said the subdivision does not include the town property; there is no paper street running across the town property.  He said the town should resolve itself of the issue.  He said the town can do whatever they wish as far as cordoning off that property which does belong to them.  He said the concerned property owners should be working with each other to cross those subdivision road/paper streets and if they can’t get along, they should settle the matter in front of a judge.  He said these streets exist in the subdivision maps and even though they were never turned into streets the easements still exist for all lot owners.  He stressed again, it is not a town issue.

Mrs. Carlson said next to the stream there is a small garden area, a bench and a small park area.

Mr. Stapleton asked if you could fence beyond that area.

Mrs. Carlson said you can, but don’t you have to allow people access to the streets?

Mr. Stapleton said they can access it from Lakeside Dr. and Rt. 394.  It was discussed that the property in question is part of the old trolley line.

Mr. Lawson said he remembers when this was a problem before and the only thing the town could address was the porta-john issue.  The access to the property is between the owners of the properties.  He said if there is another porta-john located there he will go down and check it out and make sure to issue a violation.

Mrs. Carlson said the town might wish to put up a sign that says “No Motor Vehicles Beyond This Point” at the location.

 

• SCHEDULE PUBLIC HEARING AMEND LOCAL LAW #3-2010 –DOGS – Remove Specific breed and define Dangerous Dog

            Mrs. Carlson said the town has received notification from NYS Ag and Markets that our dog law is not correct as written.  They indicated that we cannot specify a certain breed of dogs as having special limitations (i.e. Pit Bull).  They suggested that our law be revised and include a definition for dangerous dog and not Pit Bull.  She said Mr. Stapleton has provided a copy of the Jamestown Dog Law.

Mr. Stapleton said their law has an extensive definition of dangerous dog.  He said that does not take the obligation away from the court to actually make that determination, but it gives a good general guideline.

Mr. Peacock said the State does not want the law to contain a specific breed.

 

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Mr. Stow said he felt that this should be tabled until the law can be discussed between the board and the DCO.

Mrs. Thomas asked if the board wanted to go ahead and set a public hearing date.

Mrs. Carlson said she felt they needed to discuss it and decide which version they wanted to go with.

Mr. Sena agreed that it should be tabled for more extensive review.

 

• MOTION # 67 OF 2016

1. SENA MOTIONED TO TABLE SCHEDULING A HEARING TO AMEND LOCAL LAW #3-2010 , DOGS, FOR ADDITIONAL REVIEW TIME BY THE BOARD. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

• ZONING BOARD OF APPEALS – Member Replacement

            Mrs. Ortman verbally requested that the Town Board accept her resignation from the Zoning Board of Appeals effective 6/13/16.  She stated that she would provide a written copy shortly for the record.

Mrs. Carlson said we will need to replace her on the board.  She asked the board if they wanted to wait to get applicants.

Mr. Stow said he would like to have the vacancy posted on the town website.

Mr. Ortman said he was interested in the vacancy and said he would submit a letter of interest.

 

• MOTION # 68 OF 2016

1. SENA MOTIONED THAT THE TOWN BOARD POST THE ZONING BOARD OF APPEALS VACANCY ON THE TOWN WEBSITE IN ORDER TO GARNER APPLICANTS. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

• BALL CREEK CLEAN OUT

            Mrs. Carlson said we had received a letter from Dave McCoy who is the Watershed Coordinator concerning the sediment and erosion at the mouth of Ball Creek.

Mr. Chagnon said that he and Mr. McCoy had been down to the area that Mr. Stow had shown him and Mr. McCoy was very concerned about it.  He said Mr. McCoy had called one of his contacts and got one of the engineers to come and take a look at it.  He said Mr. McCoy also contacted the local DOT representative and what he found out was that the DOT does not have any funding for it, but would be happy to cooperate with the Town/County to deal with it.  He said the main issue is access to the site and they have agreed to allow us access off the I-86 on ramp at Stow.  He said Mr. Strickland had looked at the site and it was determined that the Town does not have the proper equipment to do the job.  Mr. Chagnon said Mr. McCoy had talked with the County and they do have the equipment needed for the project.  The issue will be coordination of the use of the equipment.  They will continue to pursue the action.  They intend to pull out the debris and the old bridge abutment and clean the area out in general.

 

• FLAG POLE AT LIGHTHOUSE PARK

Mrs. Carlson said at the recent Memorial Day ceremony at Lighthouse Park it was noted that there is no flagpole located there.  She said she has ordered a pole and would like suggestions from the board as to where to place the pole in the park.  She said a spotlight would also need to be wired in for the flag.

Mr. Stow said it should be visible from the lake.

Mr. Ortman said the logical location would be between the pavilion and Lakeland Rd.

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There was further discussion and all agreed that as long as it is prominent, visible, and lit those would be the main criteria.

 

• ALL OTHER BUSINESS AS NECESSARY

 

• REPORTS:

 

PIERRE CHAGNON, LEGISLATOR

            Mr. Chagnon said that the following occurred at the May, 2016 Legislature meeting:

 

We adopted a Local Law amending the Chautauqua County Charter in several significant respects.

 

• Linked the County Legislature’s annual goals and objectives to the County’s comprehensive plan
• Eliminated all references to the previously eliminated position of County Comptroller
• Defined the County Executive’s leadership role in fostering and implementing inter-municipal agreements
• Designated the County Executive as the only County elected officer authorized to sign all contracts for the County, including those recommended by other County elected officials
• Formally designated the County Legislature’s Audit and Control Committee to exercise oversight of the internal and external auditing functions, including the selection of the County’s independent external auditors

 

We passed resolutions updating the capital projects in the five-year comprehensive plans for the two County airports, although no commitments are made to the projects as the results of the airport study are evaluated and a plan of action is developed.

 

We authorized the establishment of a capital project from the Reserve for Capital for space in the South County Office Building in Jamestown. The space vacated by the move of the DMV offices will become the central intake space for the Department of Health & Human Services. The project will improve the safety of the employees and clients, as well as improve efficiency by implementing self-service kiosks and online services.

 

We authorized allocating $150,000 of 3% Occupancy Tax reserve to the LECOM Health Challenge at Peek’n Peak Resort for the Web.Com PGA tour event July 4 – 10. Peek’n Peak typically generates 15% of the Occupancy Tax for the County, $226,000 last year, and we haven’t previously utilized Occupancy Tax proceeds in that area.

 

KEVIN OKERLUND, ASSESSOR

            Mrs. Carlson said the Assessor report indicated that the Board of Assessment Review hearing for Grievance Day resulted in 10 cases with only one receiving an assessment adjustment.

 

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

            Mr. Strickland said they have completed most of the oil and stone work.  He said they had increased the amount of oil used this year and added a polymer to see how it works.  He said they have 4 miles of blacktop to do and hopefully they will do Hadley Bay, Connelly Park, Ashville Bay, Longview and Niets Crest with nova chip.  He said they are doing a lot this year because oil prices are down.  He said they are also working on Veterans Park.

TOWN BOARD

6/13/15 (Pg. 11)

 

            Mrs. Emick mentioned the poor condition of the shoulders on Stow Rd.

Mrs. Carlson said that is a county road.

Mrs. Thomas said the county has started doing some shoulder work on Stow Rd. at the Panama-Stedman Rd. end and hopefully they will be moving that toward Rt. 394.

 

HOWARD PEACOCK, JUSTICE

            Mr. Peacock read the following Court Report for the month of May, 2016 into the record:

            $38,859.00  in fines, fees, and surcharges was collected by the Court and given to the Town of North Harmony CFO for the court cases reported to the NYS Comptroller for *May, 2016.  We opened 398 new cases and closed 252 cases.  Of the $47,152.50 collected in April, 2016, the Town retained $14,640.00

 

BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)

            Mr. Lawson gave an overview of his report for those present.  He said the Buchanan Victoria Rd. property has been somewhat cleaned up.  He said he had a lengthy conversation with the owner and hopefully they will come up to compliance.  He said if not, then he will take the issue through the court process.  He said the issue regarding the helicopter landing on Ashville Bay Rd. has been looked into by the FAA and all they consider in the process is the definition of airstrip.  He said he would be investigating more on this and will keep in touch with the complainants.

Mrs. Thomas said she had received a couple of complaints from the neighbors of the people who purchased the old Pihl property at Cheney’s Point.  She said she would discuss it further with Mr. Lawson on Thursday evening.

 

NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)

            Mrs. Thomas said she would like to thank Boy Scout Troop 141 of Ashville for their combined 40 hours of help in placing flags on Veteran’s graves at Maple Grove Cemetery.  She said she always enjoys working with them on this project each year and complimented their Troop Leader Peter Radka on the fine job he and their leadership have done with the scouts.

 

• MOTION # 69 OF 2016

1. STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

SALLY P. CARLSON, SUPERVISOR (Copy of Report in Minute Book)

 

• MOTION # 70 OF 2016

1. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

 MOTION # 71 OF 2016

24. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $28,024.11. MR. SENA SECONDED.

YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

TOWN BOARD

6/13/15 (Pg. 12)

 

MOTION # 72 OF 2016

678. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $142,678.22. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

• MOTION # 73 OF 2016

ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MR. SENA, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 9:03 PM.

 

 

Nancy Thomas

Town Clerk

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOWN BOARD

6/13/15 (Pg. 13)

 

TO:                         TOWN BOARD  OF NORTH HARMONY

Sally Carlson, Supervisor

Richard Sena

Frank Stow

Duncan McNeill

 

FROM:                  Clayton E. Emick, Jr.

 

SUBJECT:             Town Board Clarification of Requirements

regarding appointments and elections

 

(Please read into the Town Minutes)

 

DATE:                    June 13, 2016

 

 

Pleae individually clarify if it is true that in order to receive a FIRST CHOICE appointment to fill a vacancy on the Town Board you must have served on either the Planning or Zoning Board as has been indicated when I made known my interest in serving to fill the recent vacancy.

 

Have all current Town Board members gone through this process, having served on one of the two Boards mentioned above?

 

Do you open the position to the entire Town?

 

Are you looking for someone with experience?

 

Have you had others that have made their interest known?

 

Do you approach the entire town on ALL open positions on ALL boards?

 

Is the process an open door policy or is it closed and narrow in scope?

 

As someone who has:

served seven (7) years on the ChautauquaAssessment Review Board

attended the majority of Town Board meetings for many years

was the Controller for the City of Titusville for thirteen (13) years and worked with yearly                                             budgets

served on the Fire and Police Pension Boards for thirteen (13) years, as well as serving on many                                                advisory committees

was Vice President and Manager in Private Client Group of the 5^th largest bank in the                                                    United States and attended weekly Senior Management Meetings

was an individual tax preparer

 

do you not feel that those are justified qualifications for serving the Town of North Harmony?

 

As Controller for the City of Titusville I attended all budget sessions with ALL department heads, as well as for all audits of the city books and attended all meetings of those boards for thirteen (13) years.

 

TOWN BOARD

6/13/15 (Pg. 14)

 

As such a qualified person, I am sure that I would have a hard time understanding the business aspects of the Town of North Harmony – which by the way – is much smaller than the size of the city  that I served.

 

I continue to be amazed to see that none of the positions that are appointed are ever opened to the public to ascertain any interest.  Everything is done from ‘inside’.  What about qualifications and transparency?

 

Comment:  I also applied for appointment to serve the remaining term of Art Thomas upon his death, and Duncan McNeill was ultimately appointed.

 

Am I wasting my time thinking, for one moment, that I am going to get the chance to serve the Town of North Harmony on the Town Board?

 

 

Thank you.

 

 

                /S/ Clayton E. Emick, Jr.