TOWN OF NORTH HARMONY
PUBLIC HEARING – LOCAL LAW #3-2016, DOG LICENSING AND CONTROL
MONDAY, 9/12/2016, 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; Robin Miller, Bookkeeper; Louis Rieg, Planning Board; Robert & Linda Kelly; Bob & Barbara Grove; Gail Martin; Colette Freeman; Richard & Lynne Skop; Marilyn & David Mariotti; David Wahl; Joe Hewson; Pierre Chagnon, Legislator; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Nancy Thomas, Town Clerk; Brad Lawson, Zoning CEO; Katie Zimmer, Deputy Court Clerk
Mrs. Carlson brought the hearing to order at 6:30 PM.
Mr. Stow said the changes that had been made to the law after the hearing on 8/8/16, included some changes to the order of the law and removal of a definition and addition of a new definition of “Dangerous Dog”.
Mrs. Thomas said the changes to the law were fairly minor and basically included some language changes.
Mrs. Carlson asked if anyone had any questions regarding the law.
Mr. Stow said he would like to see a map developed that shows the areas of the town which are subject to leash laws.
Mrs. Carlson closed the Public Hearing at 6:05 PM.
Nancy Thomas
Town Clerk
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 9/12/2016, 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; Robert & Linda Kelly; Bob & Barbara Grove; Gail Martin; Colette Freeman; Richard & Lynne Skop; Marilyn & David Mariotti; David Wahl; Joe Hewson; Pierre Chagnon, Legislator; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Nancy Thomas, Town Clerk; Brad Lawson, Zoning CEO
- PLEDGE
- MINUTES: 8/8/2016
- MOTION # 100 OF 2016
ON A MOTION MADE BY MR. MCNEILL AND SECONDED BY MR. SENA, THE MINUTES OF THE 8/8/2016 SEQR & PUBLIC HEARING AND MINUTES WERE ACCEPTED AS PRESENTED BY THE TOWN CLERK. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- PRIMARY ELECTION – Tues. 9/13/16, 12:00 – 9:00 PM at Ashville Fire Station
- HARMONY HISTORICAL BICENTENNIAL – Fri. 9/16/16 Church Service at 6:30 PM; Saturday, 9/17/16, Program to begin at 5:00 with numerous events
- Ashville Fire Dept. Open House in cooperation with STAR Flight Tues. 9/20/16 6:30 PM
- PUBLIC COMMENTCORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- LA BELLA – FULL SERVICE FOR ZOMBIE PROPERTIES – RYAN BURKE – 585- 353 – 7840
- NYS – REAL PROPERTY – CONFIRMATION OF 100% EQUALIZATION
- NYMIR – DISTRACTED DRIVING COURSE – OCTOBER 26
- ROBERT AND LINDA KELLY – 394 SPEED LIMIT
- US TREASURY DEPT. – CLOSED FILE
- UNIFIED COURT SYSTEM – AUDIT BOOKS – RESOLUTION
- NYS DOT – TRANSPORTATION ALTERNATIVE GRANTS
- ASSOCIATION OF TOWNS – DUES FOR 2017 – $800 PROCEDURE FOR SUBMITTING A RESOLUTION
- CHAUT. CO. – WORKMANS COMP FOR 2017 $76,362.86 DUE MARCH 4, 2017
- TIM BARRON – THANK YOU
- ZBA MINUTES
- PLANNING BOARD MINUTES
- ASSESSOR – TRANSFERS
- CHRIC – FIRST TIME HOME BUYERS – 9/17/2016 – 9AM-5PM – $75.00
- SOUTHERN TIER WEST FALL PLANNING & ZONING – Thurs. 11/10/16, 9:00 AM – 4:00 PM at Chautauqua Suites
- DEDICATION OF NORTH HARMONY VETERANS MEMORIAL – Veterans Day 11/11/16, 11:00 AM
- OLD BUSINESS
- RESOLUTIONS – Authorize Howard to apply for a justice court assistance program grant in the amount of $30,000 for court facilities
- MOTION # 101 OF 2016
ON A MOTION MADE BY MRS. ORTMAN AND SECONDED BY MR. SENA, JUSTICE PEACOCK WAS AUTHORIZED TO SUBMIT AN APPLICATION FOR GRANT FUNDING IN THE AMOUNT OF $30,000.00 FROM THE UNIFIED COURT SYSTEM FOR WORK ON THE COURT FACILITIES. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- PUBLIC HEARING ON BOND FOR COURT ADDITION
Mrs. Carlson said she would like to hold a Public Hearing on the possibility of securing a bond for the addition on the court. She said it will probably take a couple of hearings to give a good outline so that the public will know what the town plans to do. She said obviously we are running out of space in the current court facility. The bond would be for an addition to the current building. The ground work has been done and the utilities have been relocated. The next step will be working on the foundation which we are hopeful of securing the grant funds of $30,000.00 for.
- MOTION # 102 OF 2016
- STOW MOTIONED TO HOLD A PUBLIC HEARING ON TUESDAY, 10/11/2016, AT 6:30 PM AT THE TOWN BUILDING, TO DISCUSS SECURING A BOND FOR THE CONSTRUCTION OF AN ADDITION FOR THE COURT ON TO THE TOWN BUILDING. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Subsequent to the motion, it was decided that there was not enough information yet collected to make a presentation to the public at that time and the hearing was cancelled.
- VETERANS PARK
Mrs. Carlson encouraged all present to take time to visit the site of the Veterans Memorial Park and thanked Gary Lucas and the Highway Dept. for the wonderful job they have done.
- MOTION REQUIRED EXAMINATION OF JUSTICE COURT BOOKS 2015 WAS DONE BY BAHGAT & LAURITO-BAHGAT, CPAs, P.C.
- MOTION # 103 OF 2016
- SENA MOTIONED FOR A SATISFACTORY CONCLUSION OF THE AUDIT OF THE 2015 JUSTICE COURT BOOKS OF JUSTICE BENSINK AND JUSTICE PEACOCK. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- LOCAL LAW #3 – 2016 – LICENSING AND CONTROL OF DOGS
Mrs. Carlson said the main reason for the amendment of the law was that New York State objected to a section that was dog breed specific and they do not allow that.
- MOTION # 104 OF 2016
- STOW MOTIONED TO ADOPT LOCAL LAW NO. 3-3016, DOG LICENSING AND CONTROL. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- NEW BUSINESS:
- NYS – Direct relief for property tax
-Live in 2 school tax district that comply with tax cap
-receive either basic or enhanced S.T.A.R.
-have an income of 275,000 or less – This year receive $185 (2017 will be a % of STAR benefit)
Mrs. Carlson said if you live in upstate NY, and comply with the criteria above, you will receive a STAR refund/rebate of $185.00 this year.
- ROUTE 394 SPEED LIMIT – Robert & Linda Kelly letter dated 8/31/2016
There were a number of residents present at the meeting who wished to discuss the speed limit on Rt. 394. Currently the speed limit on the NYS road is 55 MPH and will remain at that speed according to the state. In previous years the speed limit was 55 MPH from approximately October thru May and was switched by the State to 45 MPH approximately June thru September.
Mrs. Kelly indicated that they have distributed a copy of this letter to 43 homes in the affected area requesting that the speed limit for I-86 Stow Exit to Goose Creek be lowered to a permanent speed of 45 MPH.
Concerns expressed by Neighbors who wish speed limit to be 45 MPH:
- I-86 completion has increased the amount of traffic significantly
- 4 mile stretch of road (from Goose Creek to I-86 overpass) is too narrow to pull off the road and has very deep ditches on both sides
- There are 16 roads that enter onto Rt. 394 within the 4 miles; four of which are very dangerous; Ramsey, Cheney, Bly Hill, and Ashville Bay Roads.
- There are 87 driveways that enter onto Rt. 394 within the 4 miles
- Concern about children getting on and off school buses
- Use of jake brakes
- Safety of bicyclists since it is a designated bike route
- Promotes “tailgating” and rude driving
- Residents on 394 cannot get in and out of their driveways safely
Response by the Board:
- Numerous traffic studies conducted by NYS over the years and many of the experts indicate that the 55 MPH limit is safer than the 45 MPH
- Chautauqua County Traffic Safety Board has studied this many times and was unanimous in their decision to keep the limit at 55 MPH. They also indicate that lowering the speed to 45 forces traffic onto secondary roads that are not designed for that type of speed or traffic which results in more frequent and serious accidents.
- 394 is a NYS road and they make the final decision on the speed limit
Mr. Sena indicated that the Chautauqua County Traffic Safety Board will hold a joint venture between Lakewood, Sheriff’s Dept. and NYS Troopers to stop trucks and address the jake brake noise issue. Residents can contact Sheriff Gerace’s office for information on the Safety Board.
Mrs. Freeman indicated she is a resident on Rt. 394 and also a school bus driver. She said in her opinion the speed limit is safer at 55 than at 45 MPH because people tend to believe they can pay less attention when they are driving slower (i.e. texting).
There were residents who spoke both for and against a reduction of the speed limit.
Mrs. Carlson said the board would take the information from residents under advisement. She said they would not make a decision tonight because it is not the town’s decision to make; it is NY State who has the ultimate say. She said if the residents want to have a meeting with the Traffic Safety Board the town would try to facilitate that if possible.
- SCHEDULE BUDGET WORK SESSIONS AND PUBLIC HEARING ON THE BUDGET
Mrs. Carlson said the next budget work session would be 9/27/16 at 7:00 PM. She said the board needs to schedule a public hearing on the budget.
- MOTION # 105 OF 2016
- SENA MOTIONED TO HOLD A PUBLIC HEARING ON THE 2017 BUDGET ON WEDNESDAY, NOVEMBER 9, 2016, AT 7:00 PM AT THE COMMUNITY BUILDING, STOW, NY. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- STEPHANIE GIBBS AS DEPUTY COURT CLERK
- MOTION # 106 OF 2016
- MCNEILL MOTIONED TO APPOINT STEPHANIE GIBBS AS DEPUTY COURT CLERK EFFECTIVE IMMEDIATELY. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- NATIONAL GRID – LINE EXTENTION FROM ASHVILLE SUBSTATION TO FALCONER TRANSMISSION LINE.
Mrs. Carlson said she has the information available in her office if anyone wishes to review it.\
- AXIOM – State Contract for new Lanier copier for town building
Mrs. Carlson said our copier has broken down and will be expensive to repair. She said we are interested in purchasing a new copier through Axiom on a NYS Contract that will do 30 pages per minute on the color system.
Mrs. Thomas said the purchase price of the Lanier MPC3003 copier is $5,000.04, and the town will make a $1,666.68 payment for 3 years. She said we would be under a maintenance agreement with Axiom which will cover all repairs and toner at a cost of $.0059 per page for black and white copies and $.05 per page for color copies. Axiom has agreed to give us a trade amount of $350 for the current Lanier MP3352 copier which can be used as a credit toward future cost per page billings. They have also agreed to give the same type of credit for any unused toners we have.
- MOTION # 107 OF 2016
MRS. ORTMAN MOTIONED TO AUTHORIZE THE PURCHASE OF A LANIER MPC3003 COPIER AT A COST OF $5,000.04 ($1,666.68 per year for 3 years) FROM AXIOM AND FURTHER TO ENTER INTO A MAINTENANCE AGREEMENT WITH AXIOM AS OUTLINED IN THE MINUTES AND WRITTEN CONTRACT. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- JOINT MEETING WITH CHAUT. CO. PLANNING FOR CFA GRANT FUNDING WITH BUSTI, NORTH HARMONY, ELLERY ON FRI. 9/23/16 AT 10:00 AM TOWN BLDG.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following had occurred at the August 2016 Legislature meeting:
- We approved a resolution to accept FAA and New York State funding for the rehabilitation of roughly one-half of the auto parking lot at the Chautauqua County Jamestown Airport. The balance of the parking lot will be cordoned off and unused at this time. The $852,000 project has a local share of just over $21,000. As always with the acceptance of federal funds for an airport, and the resulting extension of the County’s commitment to keep the airport open, there was considerable debate and dissension.
- I admit that I remain nostalgic about flying Mohawk and Allegheny Airlines from Jamestown to New York and Boston, about riding on the City of Jamestown steamboat, and about riding on the JW&NW trolley line. But I don’t expect steamboats and trolleys to return as major components of the transportation system in Chautauqua County. Implementation of I-90 and I-86, coupled with improvements in the State and County highway systems, and dramatic improvements in the safety, comfort, speed, cost, and reliability of automobiles have changed our transportation system. Steamboats, trolleys, and to some extent regional airlines are destined to remain as nostalgia. Flying near empty airplanes is a luxury all of us in Chautauqua County cannot afford. I wish Southern Airways the best of luck and hope they are successful in filling their airplanes flying in and out of the Jamestown Airport. However, I personally do not expect the direction and pace of change in our transportation system that has been playing out over my lifetime to suddenly reverse. If this airline fails, my support for commercial air service at the Jamestown Airport will end.
- Unfortunately the County Jail population has again exceeded capacity, so we approved an agreement with Wyoming County for inmate housing, at the rate of $85 per inmate per day, until the population again falls within capacity.
KEVIN OKERLUND, ASSESSOR
Mrs. Carlson gave a brief review of the report.
Mr. Sena requested that Mr. Okerlund provide the assessed value and the sale price on the Property Transfer Reports that are sent to the town each month. He said Mr. Holcomb had done that in the past and it was a useful tool for tracking sales.
Mrs. Thomas said she and Mrs. Carlson have asked that they provide that information.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said it had been a good summer and they had gotten a lot of work done. He said there is still some patching that remains and they will be doing some tree work. He said the dirt roads in the town had held up very well this summer. He indicated that they will be resurfacing Hadley Bay, Connelly Park, Almar, Niets Crest and Ashville Bay next year.
HOWARD PEACOCK, JUSTICE
COURT REPORT FOR MONTH OF AUGUST, 2016
September 12, 2016 Board Meeting
$70,945.00 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 August, 2016. We opened 471 new cases and closed 459 cases.
Of the $70,945.00 collected in August, the Town will retain $20,317.00.
Because Rene Yates has been unavailable to help out in the court, we have recently begun training Stephanie Gibbs. She will be working with Vickie on Fridays for 6 hours. (Katie Zimmer is unable to work Fridays.)
Mr. Peacock asked if he has all the receipts for the work that has been done for the court addition. Mr. Sena said yes with the exception of those he does not have yet. He said the total is over the $25,000.00.
BRAD LAWSON, ZONING C.E.O. (copy of report in Minute Book)
Mr. Lawson reviewed his report for those present. Mr. Lawson said he may have to contact the Sheriff’s Dept. in regards to issuing an appearance ticket for the resident with the helicopter.
NANCY THOMAS, TOWN CLERK (copy of report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 108 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 # 109 OF 2016
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 110 OF 2016
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $19,613.00. MRS. ORTMAN SECONDED.
YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 111 OF 2016
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $46,223.00. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 112 OF 2016
ON A MOTION MADE BY MR. SENA, SECONDED BY MRS. ORTMAN, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:10 PM.
Nancy Thomas
Town Clerk
