TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 7/11/2016, 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; Louis Rieg, Planning Board; Helen & Clayton Emick; Katie Zimmer, Court Clerk; Pierre Chagnon, Legislator; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Brad Lawson, Zoning CEO; Nancy Thomas, Town Clerk
- MINUTES: 6/13/2016
- MOTION # 74 OF 2016
- MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 6/13/2016 TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ASHVILLE DAY – SAT. 7/16/16, TO BE HELD AT LLAMA CLUB GROUNDS
- PUBLIC COMMENT:
- HELEN EMICK
Mrs. Emick asked Mr. Stow what the rules/regulations are regarding barking dogs.
Mr. Stow said his understanding is that they are not allowed to be a disturbance after a certain hour. He noted that this can be a different situation based on the location of the animal (i.e. farm land vs. residential area).
Mrs. Emick asked about enforcement.
Mrs. Thomas read Town Law Section 4. E. Regulations and Restrictions Upon Dogs which states; No person who owns or has control of a dog shall permit or suffer such dog to engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. Mrs. Thomas said she would provide a copy of the law to Mrs. Emick.
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- CHAUTAUQUA CO. FINANCE – MORTGAGE TAX $19,159.83 ( up $1,960.59)
- IRS – CONFIRMATION OF TAX EXEMPT BOND
7/11/2016 (pg. 2)
- WILL ORTMAN – Letter of Interest in Zoning Board Vacancy
- BARB CESSNA – PIETER VANDERWOUDE GRANDSON OF CATHERINE WHO TOOK CARE OF ELWOOD HANSON’S WWII GRAVE IN BELGIUM IS HERE VISITING
- TOM WALSH – S&CCLSD – Requesting a letter of support for the Sewer Extension
- MOTION # 75 OF 2016
- SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO SEND A LETTER OF SUPPORT FOR THE EXTENSION OF THE SOUTH AND CENTER CHAUTAUQUA LAKE SEWER DISTRICT IN THE TOWN OF NORTH HARMONY TO DIRECTOR, TOM WALSH. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- CHARTER COMMUNICATIONS
Mrs. Carlson said Charter has bought out Time Warner Cable and has taken possession of the lines.
Mr. Sena said the town had previously pursued with no success, getting Time Warner to extend their lines in the town. He asked Mrs. Thomas if she would send a letter requesting Charter consider this.
Mrs. Thomas said she would.
- MOTION #76 OF 2016
- SENA MOTIONED THAT THE TOWN OF NORTH HARMONY CONTACT CHARTER COMMUNICATIONS AS OUR NEW CABLE SUPPLIER TO REQUEST DISCUSSION ON CABLE LINE EXTENSION IN THE TOWN. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Subsequent to the meeting Mrs. Thomas contacted Charter (now known as Spectrum) and spoke to their representative Tyler Despins on 7/14/16. Mr. Despins indicated that there is no integration at this time and they will be operating under Time Warner for the next 12-18 months.
- ZBA VACANCY – 2 LETTERS OF INTEREST RECEIVED
Mrs. Carlson said we have received a letter of interest in serving on the Zoning Board of Appeals from Dave Groth and a letter from Cathy Gradel. She said Mr. Groth is a non-resident who lives on Watson Rd. and Ms. Gradel also lives on Watson Rd. Mrs. Carlson asked if the board wanted to hold the position open for an additional month since we do have enough members to make up a quorum.
Mrs. Thomas said she had advertised for letters of interest on the town website through July 29, 2016.
Mr. Sena said that will allow the board to interview any interested parties and be prepared to make an appointment at the next board meeting on 8/8/2016.
- OLD BUSINESS
- AUDIT OF COURT BOOKS – BAHGAT & LAURITO-BAHGAT
Mr. Peacock said he had not heard anything regarding the audit.
- HELICOPTER AT ASHVILLE BAY
7/11/2016 (pg. 3)
Mr. Lawson said he had not received any more complaints although he believes the helicopter is still there. He said the owner of the helicopter has not responded yet to the notice of violation that he had received. He said he would be taking the next step.
Mr. Stow said that they had used Dr. Fritz helicopter pad to transport the victim of the rollover at the BOCES corner recently.
- ESTABLISH DOCK POLICY
Mrs. Carlson said the town does not actually have a policy regarding docks on town owned property. She said she felt it would be helpful if we did.
- MOTION # 77 OF 2016
- STOW MOTIONED THAT THE TOWN OF NORTH HARMONY ADOPT THE FOLLOWING POLICY: THE PLACEMENT OF PRIVATE DOCKS ON TOWN PROPERTY IS STRICTLY PROHIBITED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- CHANGES TO EMPLOYEE HANDBOOK
Mrs. Carlson said changes to the Employee handbook have been suggested and read them into the record.
- MOTION # 78 OF 2016
- MCNEILL MOTIONED TO ADOPT THE FOLLOWING EMPLOYEE HANDBOOK ADDITIONS/CORRECTIONS EFFECTIVE 7/11/2016. MRS. ORTMAN SECONDED.
Above INDEX: – p. 2.; Addition: – TOWN OF NORTH HARMONY WAGE POLICY
The Town Board of North Harmony will establish a raise rate, if any, and notify employees. If rate is not acceptable, employees will need to schedule a meeting with the Town Board to present a written proposal.
- 6. – Article 1. PROVISIONAL FULL TIME EMPLOYEES –
Addition: PERMANENT STATUS – FULL TIME EMPLOYEES –
After 6 months the employee is eligible for health care upon performance evaluation completion.
- 15. – Article 6.; 6.1 Addition: A Highway M.E.O. shall receive minimum 2 hour call in pay.
- 15. – Article 6.; 6.2 New Probationary Full time Hires for the Highway Dept. –
Addition: Hiring of immediate family is prohibited. Hiring preference will be given to North Harmony resident whenever possible.
YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson explained to Mr. Strickland that one change suggested by the highway employees had not been adopted because the board was not comfortable with it.
- FLAGPOLE AT LIGHTHOUSE PARK – FRANK’S SUGGESTION
Mr. Stow suggested that the flag for Lighthouse Park be placed on the Mayville side of the sidewalk across from the Lighthouse.
7/11/2016 (pg. 4)
Mr. Sena said the flag needs to be lit just enough so that the colors can be seen. He suggested solar lighting.
Mr. Lawson said Bob Fredrickson uses a solar light to light his and it works very well. He said the solar light follows the flag. Mr. Lawson said he would check with Mr. Fredrickson.
There was discussion of concerns about lights shining into neighbors homes.
- COURT ADDITION – BILLS TO BE SUBMITTED
Mr. Sena said he is still waiting for people to show up.
Mrs. Carlson asked if materials could be purchased and on hand so that we don’t lose grant funding.
Mr. Sena said he had asked Chautauqua Utilities to put the town building on their schedule. He said he had also been in touch with Vidal Electric to get the pole line and although they had it marked, there is no pole yet. He said we can certainly ask them to invoice us in advance.
Mr. Peacock said he had contacted the court system about two weeks ago and was told that we could request an extension if it couldn’t be done by the end of July.
Mrs. Carlson asked Mr. Peacock to request the extension and he agreed.
Mr. Sena said in his meeting with National Grid and Vidal, they had spotted the pole and discussed an underground pipe that will go from the phone pole across the road underground to the temporary location so that all the services can be swung from there to the pole. The gas will be moved off the building to the other side of the ramp. He said some type of barrier would be needed and perhaps Mr. Strickland could assist with that. He said we have estimates and work orders, but none of the work has been done. Mr. Sena said he would contact all parties and ask them to invoice us for the work.
Mr. Peacock said he had thought that the court system wanted the town to submit all receipts for work to them. He said they indicated that the town should not send receipts, but should retain them for 2 years. The only thing we need to send the court system is the reconciliation form.
Mr. Sena said Will Ortman has volunteered to take over from the young man who had done the original drawings who has taken a position in Pittsburgh. He said he would forward the PDF file to Mr. Ortman.
Mrs. Zimmer asked where we are on the design for the new court addition. She asked if the drawings she has are the final draft.
Mr. Sena said it is still a work in progress. He said at this time they are just trying to come up with a footprint for the foundation and size of the addition. He said the interior layout can be tweaked as the project progresses.
- CHENEY’S PT.
Mr. Stapleton said he had been there and it appears that someone has put up No Trespassing signs and posts so that vehicles could not be used on it. He said he had taken pictures.
Mr. Stow said he would take full responsibility for the signs.
Mr. Stapleton said he had received a phone call from the attorney who represented the prior owner who had left for Ohio and was not coming back. He said he had advised the attorney that the town owns the property and can shut off access if it wishes. He said he had also advised him that there are a number of roads running from 394 to the lake road and if the people want to use the paper streets shown in the subdivision map to gain access they can. He clearly stated these issues do not involve the town and should be settled among the property owners.
- DOG ORDINANCE – Set Public Hearing to Amend LL #3-2010
7/11/2016 (pg. 5)
- MOTION # 79 OF 2016
- SENA MOTIONED TO HOLD A SEQR AND PUBLIC HEARING ON PROPOSED LOCAL LAW #3-2016, LICENSING AND CONTROL OF DOGS IN THE TOWN OF NORTH HARMONY ON MONDAY, 8/8/2016, AT 6:30 PM. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
There was discussion that all board members have been provided a copy of the proposed law with changes and there was brief discussion of the law. There was discussion of the addition of a late fee charge of $20 for licenses which are not renewed within 60 days.
Mr. Stow said he is more concerned with rabies vaccinations being up to date than with licensing. He said dogs that do not have current rabies should be seized and held until they have their shots.
Mr. Sena said that Section 4.C. should remain in the law.
- NEW BUSINESS:
- APPOINT DEPUTY SUPERVISOR
- MOTION # 80 OF 2016
- MCNEILL MOTIONED TO APPOINT COUNCILMAN FRANK STOW AS DEPUTY SUPERVISOR FOR THE TOWN OF NORTH HARMONY EFFECTIVE 7/11/2016. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AGENDA PROCEDURES
Mrs. Carlson said she would like to suggest that if someone wishes to present something to the board at a meeting, they should contact the Town Clerk or Supervisor and request to be added to the Agenda. They should also provide at least an outline of the subject matter to be discussed.
Mrs. Emick asked if this was something over and above the Public Comment portion of the meeting.
Mrs. Carlson clarified that the Public Comment has always been observed and is usually very brief, but if the topic is specific and someone wishes a discussion/conversation at the meeting, it should be on the Agenda.
Mrs. Thomas indicated that she would be happy to include something on future agenda’s which are published on the website, clarifying the difference between Public Comment and being added to the Agenda.
- BI-CENTENNIAL FOR HARMONY – There will be a Church Service at the Harmony Historical Society on Sat. 9/16/16 at 6:30 PM and the Bi-Centennial Celebration will be held Sun., 9/17/16, at 5:00 PM
Mrs. Carlson said she would like authorization from the board to do a Proclamation from the Town of North Harmony congratulating them on their Bi-Centennial.
- MOTION # 81 OF 2016
- SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO WRITE A PROCLAMATION FROM THE TOWN OF NORTH HARMONY TO THE TOWN OF HARMONY CONGRATULATING THEM ON THEIR BI-CENTENNIAL. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
7/11/2016 (pg. 6)
- RYAN HINSDALE, HIGHWAY M.E.O. – $1/HR RAISE
- MOTION # 82 OF 2016
ON THE RECOMMENDATION OF HIGHWAY SUPERINTENDENT STRICKLAND, MR. STOW MOTIONED TO GRANT A $1/HR RAISE TO HIGHWAY M.E.O., RYAN HINSDALE EFFECTIVE 7/1/2016. NEW RATE WILL BE $19/HR; $28.50/OT. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- TOWN PROPERTY AT 4 CORNERS ASHVILLE
Mrs. Carlson said the parking lot at old AFD Station #1 which now belongs to the town is disintegrating.
Mr. Strickland said he will add it to the schedule for paving and place a thin layer of blacktop on it.
- MILK WEED PATCHES AT PARKS
Mrs. Carlson said she would like to put in some milk weed patches in our town park areas to attract Monarch butterflies to reproduce. She said milk weed is disappearing in the area and that effects the Monarch population. She said she would like to obtain seeds, plant them and encourage that growth to support them.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the June Legislature meeting:
We recognized and presented awards to valedictorians and salutatorians from all County high schools.
We reviewed and approved the SEQRA findings and the Full Environmental Assessment Form in relation to the proposed modification of the existing Goose Creek pumping station and the extension of public sewers to approximately 770 residential and commercial parcels along the west side of Chautauqua Lake. We determined the requirements of the regulations have been met, and implementation of the proposed action will not result in any significant adverse environmental impacts, and authorized the County Executive to execute a Negative Declaration for the proposed action.
We distributed mortgage taxes for the period October 1, 2015 to March 31, 2016. North Harmony received $19,159.83; Ellery received $47,286.01, and Bemus Point received $3,125.14.
We amended the Department of Health & Human Services 2016 Budget reducing the appropriation for State Training School and using the funds to offset an increase in Juvenile Delinquent Care and applying the balance to additionally offset the $495,000 budget error the department made in the 2016 Budget. We have now covered all but $94,000 of the error.
We received three proposed local laws, recommended by the Charter Review Commission, amending the County Charter for consideration at our July meeting. The first proposal would require a 60% majority to adopt an annual budget that includes the use of unobligated fund balance projected to drop the balance below 5% of gross revenues. The second proposal would increase the term of office of County Legislators from 2 years to 4 years. This proposal, if approved by the Legislature, will require approval by the voters in the November general election. The third proposal would increase the salaries of the County Executive, County Sheriff, and County Clerk. This proposal, if approved by the Legislature, will also require approval by the voters in the November general election. The County Executive Salary has remained at $85,000 for the last 15 years; the County Clerk Salary has remained at $53,000 for the last 15 years; the County Sheriff Salary has remained at $82,500 for the last 7 years. The Salary Review Commission recommended in 2013 to increase the County Executive’s salary to $109,480; the current proposal is $92,500. They recommended
7/11/2016 (pg. 7)
increasing the County Clerk’s salary to $68,264; the current proposal is $55,500. They recommended increasing the County Sheriff’s salary to $87,450; the current proposal is $85,000.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the dry weather has allowed the highway department to stay on time with their projects. He said they will be blacktopping 4.2 miles on Eiden and Wall Street Roads this week and after that they plan on doing some tree work.
Mr. Sena said to make sure to notify residents if you will be cutting near their yards.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the court report for the month of June, 2016 into the record:
$43,831.00 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 June, 2016. We opened 411 new cases and closed 299 cases.
Of the $38,859.00 collected in May, 2016, the Town retained $11,705.00
Mr. Peacock said he would like to attend the State Magistrates Association meeting in September, 2016.
Mrs. Carlson said that had been approved in January.
BRAD LAWSON, ZONING CEO (Copy in Minute Book)
Mr. Lawson said permits are low with only about 21 being issued so far this year. He said there is a new house going in on Cheney Rd. soon, with possibly another on Ramsey Rd. to be done by the same builder. He said he had called about the new code books. He said some C.E.O.’s have received them and some have not. He has not received his at this time.
BRAD LAWSON, AFD COMMISSIONER
Mr. Lawson said the District is trying to save some funds this year for future purchase of a pumper. He said the pumper trucks are fine now but will start to age eventually. He said with mutual aid they may be reducing down to one pumper in the future. He said the Commissioners will be sponsoring a Fun Night for members and their family’s tomorrow night.
Mrs. Carlson said it would be nice to invite the AFD Auxiliary to the Fun Night.
- BARB’S BATTLE BENEFIT, SUNDAY, AUG. 14, 2016 AT MAYVILLE LEGION 1-6:00 pm
Mr. Lawson said that Mrs. Hoyt who is the Chairman of the Commissioners has some serious health issues and has been hospitalized for about one month. He said she will be transferred soon to Absolute Care for rehabilitation. He said there will be a benefit to raise money to help cover her medical costs. He said there will be food, raffles and music. He encouraged everyone to come and support Barb.
- DAVE LLOYD – ASHVILLE RAIN GARDENS
Mrs. Carlson said Mr. Lloyd has been working at the Rain Garden and also taking care of the tree that was planted at Veteran’s Park. She said Dave had spoken to Nate Short about doing some mowing there. She said Mr. Lloyd was intending to contact Mr. Strickland about using the brush hog to do some clearing of the knot weed at the gardens.
KEVIN OKERLUND, ASSESSOR
Mrs. Thomas said she had received a report from the Assessor indicating that the final roll for the town had been filed on 7/1/2016. She said the roll should be posted on our website soon. She said they are working on creating the tax roll file for 2017.
7/11/2016 (pg. 8)
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 83 OF 2016
- 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 # 84 OF 2016
- 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 # 85 OF 2016
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $21,925.11. MRS. ORTMAN SECONDED.
YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 86 OF 2016
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $25,489.62. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 87 OF 2016
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. MCNEILL, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:09 PM.