TOWN OF NORTH HARMONY
PUBLIC HEARING & SEQR
PROPOSED LOCAL LAW #3-2016 – AMEND DOG LICENSING AND CONTROL LAW
MONDAY, 8/8/16, 6:30 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; Helen & Clayt Emick; Robin Miller, Bookkeeper; Dave Groth; Nancy Thomas, Town Clerk; Brad Lawson, Zoning CEO
Mrs. Carlson brought the hearing to order at 6:30 PM.
- MOTION # 88 OF 2016
- MCNEILL MOTIONED THAT THE TOWN BOARD TAKE LEAD AGENCY STATUS ON THE SHORT FORM SEQR FOR PROPOSED LOCAL LAW #3-2016 – AMENDING THE DOG LICENSING AND CONTROL LAW OF 2010. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON (Councilman Sena was not present for the vote). NO (0). THE MOTION WAS CARRIED.
Mr. Stapleton reviewed the entire Short form SEQR with the town board and for those present. He said the changes include: Amending the definition of 1) Dangerous Dog; 2) Secure Enclosure; and 3) At Large; and amendments to restrictions on dog control within the town. There were very minor changes made to the SEQR which were noted by the Clerk on the SEQR form.
- MOTION # 89 OF 2016
- SENA MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ON THE SEQR FOR PROPOSED LOCAL LAW #3-2016 – AMENDING THE DOG LICENSING AND CONTROL LAW OF 2010. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
There was discussion of the law and Mrs. Carlson said there were changes that had been discussed at a previous meeting.
Mr. Stow said he felt another meeting needed to be held on the law.
Mrs. Thomas asked what his concerns were.
Mr. Stow said there are four changes that had been decided on at a previous meeting that are not in the law. Mrs. Thomas said she was not at the meeting and had not received those changes.
- MOTION # 90 OF 2016
- STOW MOTIONED TO TABLE THE PUBLIC HEARING ON PROPOSED LOCAL LAW #3-2016 UNTIL IT CAN BE REVIEWED WITH THE TOWN CLERK. ANOTHER PUBLIC HEARING WILL BE HELD ON THE LAW ON MONDAY, 9/12/16, AT 6:30 PM. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
The Public hearing was adjourned at 6:45 PM.
Nancy Thomas, Town Clerk
TOWN OF NORTH HARMONY
BOARD MEETING
MONDAY, 8/8/16, 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; Helen & Clayt Emick; Robin Miller, Bookkeeper; Dave Groth; Nancy Thomas, Town Clerk; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Katie Zimmer, Deputy Court Clerk; Louis Rieg, Planning; Brad Lawson, Zoning CEO
- PLEDGE
- A MOMENT OF SILENCE WAS OBSERVED ON THE PASSING OF BARB HOYT
- MINUTES 7/11/2016
- MOTION # 91 OF 2016
ON A MOTION MADE BY MRS. ORTMAN AND SECONDED BY MR. MCNEILL THE MINUTES OF THE 7/11/2016 TOWN BOARD MEETING WERE ACCEPTED AS PRESENTED BY THE CLERK WITH CORRECTIONS AS NOTED TO THE BI-CENTENNIAL FOR HARMONY LISTED UNDER ANNOUNCEMENTS BELOW. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED
- ANNOUNCEMENTS:
Mr. Stow noted that there were errors in the dates for the Harmony Bi-Centennial Celebration.
- BI-CENTENNIAL FOR HARMONY – The Bi-Centennial Celebration will be on Saturday, 9/17/16, from 5 – 9 PM; Bi-Centennial Worship Service will be Friday, 9/16/17, at 6:30 PM at the Historical Society Gazebo
- BARB’S BATTLE BENEFIT – Sunday, 8/13/16, 1 – 6 PM at the American Legion in Mayville
- PUBLIC COMMENT:
- CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- LETTER OF SUPPORT FOR CHAUT. CO. OVERLAND TRAIL APPLICATION SENT
- LETTER OF SUPPORT SENT FOR SEWER EXTENSION IN NORTH HARMONY
- TOWN OF HARMONY – EMBLEM FOR BICENTENNIAL
Mrs. Carlson noted that the emblem shows North Harmony as a part of Harmony, which we were until 1919.
TOWN BOARD
8/8/2016 (Pg. 2)
- BAHGAT, LAURITO-BAHGAT, CPA – REPORT OF JUSTICE COURT 2015 REVIEW
Mrs. Carlson said the firm did have a couple of errors in the report. She said in the original report it had been suggested that the Town Clerk reconcile the Justice cash book. She said Mrs. Thomas had contacted them and they indicated that it should have been Court Clerk, since the books are not open for review outside the court. She said probably Mrs. Zimmer would be getting that duty. She asked Mr. Peacock if he was reconciling his cash books so they could be reviewed.
Mr. Peacock said not at this time. He said they had talked and Katie would be getting together with them to discuss that.
Mrs. Carlson said someone needs to be able to review them and we need to make sure that that happens. She said also the monthly log of beginning and ending receipts needs to be someplace that is accessible. She said her major concern with the report was when they mentioned contract it appeared to her that we were signing up for their services every year and she doesn’t feel that is necessary on a yearly basis.
She said their other concern was the $7,500.00 bail bond money in Mr. Bensink’s account which has since been turned over to the County.
- E-MAIL – ROADSIDE MOWING COMPLAINT
Mrs. Carlson said she had forwarded the email to Mr. Strickland.
- CHAUTAUQUA COUNTY SALES TAX – 2nd Qtr. $140,313.81 (down $10,625.23)
Mr. Stow noted that this was probably due to the price of gas.
- OLD BUSINESS
- HARMONY BICENTENNIAL – Use Ashville Day funds since unused this year
Mr. Stow gave the dates for the event as stated in Announcements above. He said you may wish to bring a lawn chair to the Worship Service.
Mrs. Carlson said that the town did not expend any of the Ashville Day funds this year and asked if the board would consider using the $150.00 to go toward the Bi-Centennial Celebration for Harmony.
- MOTION # 92 OF 2016
- MCNEILL MOTIONED TO USE ASHVILLE DAY FUNDS IN THE AMOUNT OF $150.00 TO SUPPORT THE HARMONY BI-CENTENNIAL. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- VETERANS MEMORIAL PARK – DRONE PHOTO
Mrs. Carlson said she has an amazing video taken by the drone of the Veterans Memorial if anyone wishes to see it. She said the pads have been poured for the cannons and we are waiting for the form to be poured for the bell. She said we have also been told the granite walls are in the U.S. and hopefully it will get to the engravers soon. Mr. Stow said the flag poles will be installed tomorrow.
- BUTTERFLY GARDENS
Mrs. Carlson requested that anyone who knew of someone who might have plants that attract butterflies to contact us. She said she has a list of the plants for those interested.
- FULL ENVIRONMENTAL ASSESSMENT OF SEWER EXTENSION
- JUSTICE BOOKS EXAMINATION BY BAHGAT & LAURITO-BAHGAT
- Bank reconciliations not completed
TOWN BOARD
8/8/2016 (Pg. 3)
- $7,500 bail balance Justice Bensink was transferred to the county
- Recommendation – Robin will reconcile the bank statements
Discussed previously under Correspondence.
- ZONING BOARD OF APPEALS APPOINTMENT
Mrs. Carlson said we do have a vacancy on the ZBA.
Mr. Stapleton said we had looked at the various NYS Statutes regarding officers within the town including Zoning and Planning Board Members. He said it is pretty clear that you must be an elector/resident of the township in order to serve on the boards.
Mrs. Carlson said that she felt Mr. Groth with his background could have given good service and insight on the ZBA but his status as a non-resident landowner precluded him holding that position. She said that interviews of three interested applicants had been held.
- MOTION # 93 OF 2016
- MCNEILL MOTIONED TO APPOINT WILL ORTMAN TO FULFILL THE VACANT TERM OF LOUISE ORTMAN ON THE ZONING BOARD OF APPEALS EFFECTIVE 8/8/2016 – 12/31/2016. MR. SENA SECONDED. YES (4): STOW, SENA, MCNEILL, CARLSON. ABSTAIN (1): ORTMAN. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson said that she felt Mr. Ortman was well qualified and his review of plans that will be coming before the board will be very helpful. She said his experience will be a good fit for the board.
Mr. Sena said there were 3 applicants. He said he appreciated the time taken to get involved and stated that he was sorry that we could not accept a seasonal resident because they bring something new to the table and there are a great many of them in our town.
- LOCAL LAW #3-2016 – DOG LICENSING & CONTROL ORDINANCE
Tabled until 9/12/16 meeting.
- NEW BUSINESS:
- TOTAL TOWN TAXABLE VALUATION FOR 2016 – $269,114,998.00
- SMALL CLAIM ON ASSESSMENT
Mrs. Thomas said there has been one small claim on assessment after Grievance Day. The property
located on Ashville Bay Rd. is owned by the Colwell’s and was formerly owned by Malcomb Bruce.
- COURT ADDITION
Mrs. Carlson noted that Mr. Sena will be installing some temporary steps for the court room. She said there has been a lot of ground work completed for the addition. She asked Mr. Lawson if any permits were needed until we actually get to the addition.
Mr. Lawson said not until we actually get ready to build.
- ADDITIONAL PAVE N.Y. (CHIPS) FUNDS IN THE AMOUNT OF $31,794.00 RECEIVED BY HIGHWAY
Mrs. Carlson asked what needed to be done as far as the budget.
Mrs. Miller said the budget would need to be amended if he is planning to use it this year.
TOWN BOARD
8/8/2016 (Pg. 4)
Mr. Strickland explained that since the winter was mild he knew that we would not receive any Extreme Winter Recovery funds. He said there had been talk about some kind of fund outlay by NYS for months prior. He said they had almost doubled the funds previously given to towns and called it Pave NY. It was only made official in June, so there had not been much time to prepare.
- MOTION # 94 OF 2016
- STOW MOTIONED TO AMEND THE HIGHWAY FUND BUDGET D REVENUE DA3501 AND APPROPRIATIONS DA5112.4 BY $31,794.00, FOR CHIPS PAVE N.Y. FUNDS RECEIVED. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED
- APPLICATION FOR NEXT ROUND OF JUSTICE COURT GRANT FUNDING
Mr. Sena asked Mr. Peacock where we stand on this.
Mr. Peacock said currently we are waiting for confirmation on the extension of the first Grant. He said they have sent the paperwork for the extension but have not had a response yet. He said when the extension is approved then we can move forward with the next grant.
Mr. Sena said all the invoices for the work done are dated in July.
Mrs. Carlson asked what the invoices total and Mr. Sena said right around $25,000.00. She said we also need a parking sign that says “Court Personnel Only”.
Mr. Strickland said he would help with that.
Mr. Sena said he was giving Mr. Peacock a couple of bids to submit for the foundation on the next grant and hopefully the two grants will cover everything up to ready to build stage.
Mrs. Carlson asked Mr. Sena if he has any plans ready yet to submit to Mr. Lawson
Mr. Sena said he would have them for Mr. Lawson by the time the next grant is received. He said as long as we have a footprint for the addition foundation there is no need to have the complete layout of rooms, etc. at this stage.
Mrs. Thomas said the excavation work to prepare the site looks really nice and Mrs. Carlson agreed.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the July Legislature meeting:
We confirmed re-appointments to the Chautauqua County Traffic Safety Board, including Pat Flanders of Bemus Point and Tim Card of Ashville.
We confirmed re-appointments to the STOP DWI advisory board, including Sara DeMink and Pat Flanders of Bemus Point.
We authorized an agreement with NYS DOT for performance of a federal-aid rehabilitation project of Chautauqua County Bridge 887 at Red Bird Corners in the Town of Ellery. The $465,000 project will be paid for with 80% federal funds, 13% State funds, and 7% County funds.
We rejected a resolution for jurisdictional transfer of a segment of Central Avenue from the Village of Fredonia and the City of Dunkirk to the County of Chautauqua. I did not support this action simply because there is, to my understanding, no compelling reason to do this that would justify those additional costs for all the taxpayers for the County of Chautauqua.
We established the participant’s share of the 2017 Chautauqua County self-insurance plan costs. The total plan costs are the same as this year, with each participant’s share adjusted based upon their experience over the past five years. The Town of Ellery cost will decrease by $5,229 from this year. The Town of North
TOWN BOARD
8/8/2016 (Pg. 5)
Harmony cost will increase by $5,325. The Village of Bemus Point cost will decrease by $151 from this year.
We agreed to place two proposed local laws on the ballot in November. One to increase the term of office of County Legislators from 2 years to 4 years, and the second to increase the salaries of the County Executive, County Sheriff, and County Clerk. The County Executive Salary has remained at $85,000 for the last 15 years; the current proposal is $92,500. The County Clerk Salary has remained at $53,000 for the last 15 years; the current proposal is $55,500. The County Sheriff Salary has remained at $82,500 for the last 7 years; the current proposal is $85,000.
He said the County Jail has arranged for a work detail to be at the I-86 scour hole on 9/9/16, to work on the obstruction at Ball Creek with the help of an excavator from Mr. Strickland.
KEVIN OKERLUND, ASSESSOR
Mr. Okerlund’s report indicated that North Harmony’s final equalization rate is at 100%. He has updated the computer system with new marker codes which will show property owners that have signed up with the state for STAR credit check programs. The assessment roll should be filed today with the county.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said on July 12, 13 and 14 the highway had completed a large black top project of 4.4 miles. He said the shoulder work was started today. He said they had used a new product that has a latex additive and hopes to see that that holds up well. He said this is a good year price wise to do black top.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the July, 2016 report for those present.
$55,222.50 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 July, 2016. We opened 510 new cases and closed 360 cases.
Of the $43,831.00 collected in June, 2016, the Town retained $16,252.00.
Of the $55,222.50 collected in July, 2016, the Town retained $19,754.50.
BRAD LAWSON, ZONING C.E.O. (Copy of report in Minute Book)
Mr. Lawson reviewed his written report for those present.
Mr. Stow asked Mr. Lawson if he knew anything about the land clearing on Ramsey Road.
Mr. Lawson said he would be contacting Tri-James about it.
Mr. Stow said they have disturbed well over one acre.
Mr. Lawson said well more than that and he had not been notified or seen any type of permit.
There was brief discussion of the Bootey Bay property.
JOHN STOW, DCO
Mrs. Carlson gave a brief review of Mr. Stow’s report.
NANCY THOMAS, TOWN CLERK (Copy of report in Minute Book)
Mrs. Thomas said that Hunting Licenses went on sale 8/1/16. She reminded everyone that DMP’s are only available to October 1st. She indicated that she had received multiple copies of a Chapter 11 Bankruptcy form for Atlas Resource Partners. She said she has been forwarding copies to the County of Chautauqua Div. of Taxation for their records. She said the town is listed in the paperwork.
TOWN BOARD
8/8/2016 (Pg. 6)
- MOTION # 95 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 # 96 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 # 97 OF 2016
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $38,419.72. MRS. ORTMAN SECONDED.
YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 98 OF 2016
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $219,652.75. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 99 OF 2016
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. MCNEILL, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 7:46 PM.
Nancy Thomas
Town Clerk
