TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 10/3/2016, 7:00 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
FRANK STOW, COUNCILMAN PRESENT
RICHARD SENA, COUNCILMAN ABSENT/ILLNESS
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
OTHERS PRESENT: Dave Stapleton, Attorney; Robin Miller, Bookkeeper; Pierre Chagnon, Legislator; Pam Smoulder, Lynn Smith, Brian & Susan Murray; Helen & Clayton Emick; Howard Peacock, Justice; Nancy Thomas, Town Clerk; Brad Lawson, Zoning CEO; Katie Zimmer, Deputy Court Clerk
- PLEDGE
- MINUTES: 9/12/2016
- MOTION # 113 OF 2016
MRS. ORTMAN MOTIONED TO ACCEPT THE MINUTES OF THE 9/12/16 PUBLIC HEARING ON LOCAL LAW #3-2016 AND THE MINUTES OF THE TOWN BOARD MEETING ON 9/12/16, AS PRESENTED BY THE TOWN CLERK. MR. MCNEILL SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- DEDICATION OF VETERANS MEMORIAL PARK – FRIDAY, 11/11/16, VETERANS DAY, 1:00 PM (Please note the change of the time from the 9/12/16 Town Board Minutes Page 3)
- PUBLIC COMMENT:
Mr. Emick asked several fiscal questions of the Town Board.
Mrs. Carlson answered.
Mrs. Emick made comments regarding the website and the way it prints out. She also asked when the complete revised Zoning Laws would be on the website.
Mr. Lawson indicated that he would talk with Mr. McCord about doing this.
- CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- NYS – PER CAPITA AID $11,821
NYS – OSC – FISCAL STRESS
Mrs. Carlson said the town is still listed as having fiscal stress which is based on the income of the residents of the area.
- COHEN LAW GROUP – Free Legal Assessment Regarding Cable, Wireless & Broadband issues
OLD BUSINESS
394 SPEED LIMIT
Mrs. Carlson said she had spoken to Sheriff Gerace and he said the Traffic Safety Committee is strictly an advisory committee which meets quarterly. He also suggested that accident reports do not support reducing the speed. He said the next meeting of that Committee will be in December of 2016. Sheriff Gerace stated that the NYS-DOT is the one that determine the speed limit because it is a State highway. He also indicated that the concerned group should seek a meeting with the DOT as that would have the greatest impact.
Mr. Murray asked why the speed limit was no longer changing from 55 mph to 45 mph seasonally as it used to.
Mrs. Carlson said the town had requested that the speed limit be left at a year round rate because they felt it was not fair to change it twice a year. She said there were a lot of complaints about people getting tickets when it changes. She said Sheriff Gerace had indicated that he had suggested to the DOT that the speed limit be established year round at 50 mph. She said the DOT determined that 55 mph should be the limit. She said those concerned should perhaps write letters to the DOT and the Traffic Safety Advisory Board.
There was further general discussion of the history and concerns regarding the speed limit on Rt. 394.
Mrs. Emick spoke about the danger of the intersection of Rt. 394 and I-86.
- VETERANS MEMORIAL PARK – DEDICATION FRIDAY, 11/11/16, VETERANS DAY, 1:00 PM
COURT ADDITION
Mrs. Carlson said the town will need to obtain some additional information before holding a public hearing on the addition. She said we need firmer figures as to the cost. She said Mr. Peacock has applied for a second grant from the court system for $30,000.00.
- 2017 BUDGET HEARING – , NOVEMBER 9, 2016. AT 7:00 PM
NEW BUSINESS:
SHARED SERVICES COMMITTEE – Revenue Sharing of Recyclables (by the County) with Towns that sort
Mrs. Carlson said she is part of the Shared Services Committee and she wanted to make all aware that the County is thinking of doing some revenue sharing with towns that sort their recyclables. She said North Harmony is ahead of the game as we have been sorting all along.
- RESOLUTIONS – ESTABLISH CAPITAL RESERVE FUNDS:
CEMETERIES (MAPLE GROVE & NORTH HARMONY) – $42,000
Mrs. Carlson said the resolution is to establish a Capital Reserve Fund for the cemeteries of Maple Grove and North Harmony. She said these funds exist in the Permanent Maintenance fund and would not be subject to permissive referendum.
- MOTION # 114 OF 2016
- MCNEILL MOTIONED TO ADOPT THE FOLLOWING RESOLUTION TO ESTABLISH A CAPITAL RESERVE FUND OF $42,000.00 FOR THE MAINTENANCE OF THE MAPLE GROVE AND NORTH HARMONY CEMETERIES. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
RESOLUTION
Establishing a Capital Reserve Fund to Finance Maintenance
Of Town of North Harmony Maple Grove and North Harmony Cemeteries
RESOLVED, that pursuant to section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the “Maple Grove and North Harmony Cemetery Capital Reserve Fund” (hereinafter “Reserve Fund”). The purpose of this Reserve Fund is to accumulate moneys to finance the cost of maintenance to the aforementioned cemeteries.
The Town Supervisor is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by section 10 of the General Municipal Law. The Town Supervisor may invest the moneys in the Reserve Fund in the manner provided by section 11 of the General Municipal Law, and consistent with the investment policy of the Town of North Harmony. Any
interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The Town Supervisor shall account for the Reserve Fund in a manner, which maintains the separate identity of the cash and investments of the Reserve Fund.
Except as otherwise provided by section 6-c of the General Municipal Law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of this governing board and without such additional actions or proceedings as may be required by section 6-c of the General Municipal Law, including a permissive referendum if required by subdivision 4 of section 6-c.
ESTABLISH HIGHWAY CAPITAL RESERVE FUND – $10,000 (unexpended balance)
M0TION # 115 OF 2016
- STOW MOTIONED TO ADOPT THE FOLLOWING RESOLUTION TO ESTABLISH A CAPITAL RESERVE FUND IN THE AMOUNT OF $10,000.00 TO BE TAKEN FROM UNEXPENDED BALANCE TO FINANCE ACQUISITION OF HIGHWAY DEPARTMENT EQUIPMENT. MR. MCNEILL SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
RESOLUTION
Establishing a Capital Reserve Fund to Finance Acquisition
Of Highway Department Equipment
RESOLVED, that pursuant to section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the “Highway Equipment Acquisition Reserve Fund” (hereinafter “Reserve Fund”). The purpose of this Reserve Fund is to accumulate moneys to finance the cost of a type of equipment. The type of equipment to be financed from the Reserve Fund is the acquisition of Highway Department equipment.
The Town Supervisor is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by section 10 of the General Municipal Law. The Town Supervisor may invest the moneys in the Reserve Fund in the manner provided by section 11 of the General Municipal Law, and consistent with the investment policy of the Town of North Harmony. Any
interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The Town Supervisor shall account for the Reserve Fund in a manner, which maintains the separate identity of the cash and investments of the Reserve Fund.
Except as otherwise provided by section 6-c of the General Municipal Law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of this governing board and without such additional actions or proceedings as may be required by section 6-c of the General Municipal Law, including a permissive referendum if required by subdivision 4 of section 6-c.
ESTABLISH BUILDING CAPITAL RESERVE FUND – $50,000.00 (unexpended balance)
MOTION # 116 OF 2016
- STOW MOTIONED TO ADOPT THE FOLLOWING RESOLUTION TO ESTABLISH A CAPITAL RESERVE FUND IN THE AMOUNT OF $50,000.00 TO BE TAKEN FROM UNEXPENDED BALANCE TO FINANCE CONSTRUCTION OF A TOWN COURT ADDITION.
MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
RESOLUTION
Establishing a Capital Reserve Fund to Finance
Construction of a Town Administration Building
RESOLVED, that pursuant to section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the “Town of North Harmony Court Addition Building Construction Reserve Fund” (hereinafter “Reserve Fund”). The purpose of this Reserve Fund is to accumulate moneys to finance the cost of a specific capital improvement. The specific capital improvement to be financed from the Reserve Fund is the construction of a Town of North Harmony Court Addition. The estimated maximum cost of such capital improvement is $500,000.00.
The Town Supervisor is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by section 10 of the General Municipal Law. The Town Supervisor may invest the moneys in the Reserve Fund in the manner provided by section 11 of the General Municipal Law, and consistent with the investment policy of the Town of North Harmony. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The Town Supervisor shall account for the Reserve Fund in a manner, which maintains the separate identity of the cash and investments of the Reserve Fund.
Except as otherwise provided by section 6-c of the General Municipal Law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of this governing board and without such additional actions or proceedings as may be required by section 6-c of the General Municipal Law.
This resolution is subject to permissive referendum pursuant to subdivision 4 of section 6-c of the General Municipal Law.
Subsequent to the meeting it was determined that Capital Reserve Fund Accounts for both the Financing and Construction of a Town Administrative Building and to Finance Acquisition of Highway Department Equipment had already been established by Motion #61-2012 and Motion #62-2012 (ref. TB Minutes dated 4-9-2012).
WINDSTREAM – Easement 25’x25’ at Cheney’s Point
Mrs. Carlson said that Windstream has contacted the Town about acquiring a 25’x25’ easement at Cheney’s Point located in the area of the old Chautauqua Traction Line to construct modern equipment on concrete pads to upgrade their internet service in the Cheneys Point area. They are offering a onetime upfront payment of $5,000.00 to the town and agree to landscape and maintain the premises.
Mr. Stapleton gave a verbal description of the property easement in question as being located behind Ben Ludwig’s property on the corner and diagonally across from the Thayer’s. He said if you extend down the road on the tax map you have the Cuccia property and there is an extension of the old Chautauqua Traction ROW. He said he did not know where Windstream got the map, but in his understanding of reviewing titles when the Traction Co. abandoned all of the ROW’s, those ROW’s went back to the adjoining lot owners. He said the town would be looking at the titles and deeds to make sure the town have the authority to grant the easement.
- MOTION # 117 OF 2016
STOW MOTIONED TO GRANT A 25’X25’ EASEMENT TO WINDSTREAM AT CHENEYS POINT LOCATED IN THE AREA OF THE OLD CHAUTAUQUA TRACTION LINE ROW, TO COSTRUCT MODERN EQUIPMENT ON A CONCRETE PAD IN ORDER TO UPGRADE THEIR INTERNET SERVICE IN THE CHENEYS POINT AREA. FURTHER, $5,000.00 WILL BE PAID BY WINDSTREAM TO THE TOWN OF NORTH HARMONY IN A ONE TIME UPFRONT PAYMENT AND WINDSTREAM AGREES TO LANDSCAPE AND MAINTAIN THE AREA IN A FASHION AGREEABLE TO THE TOWN. IN THE EVENT THE USE IS ABANDONED THE EASEMENT AGREEMENT IS TERMINATED. THIS MOTION IS MADE PENDING REVIEW AND OUTCOME OF RESEARCH AND INFORMATION TO BE OBTAINED BY ATTORNEY STAPLETON ON THE PROPERTY IN QUESTION. MR. MCNIELL SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ANDY POST, HIGHWAY MEO – $1/HR RAISE
MOTION # 118 OF 2016
MCNEILL MOTIONED TO AWARD A $1/HR WAGE INCREASE TO ANDREW POST, HIGHWAY M.E.O. EFFECTIVE 10/1/2016. CURRENT RATE WILL BE $20/HR; $30/OT. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
ASHVILLE FIRE DEPARTMENT BOAT
Mr. Stow said that in a conversation with Chief Swanson they had discussed the fact that the water has been so low at the town dock by the Ferry that they could not get the department boat that has been stored there out into the lake. He said they have worked out a deal with the Power Boat Club this year to have it docked there. He said that Chief Swanson had indicated that in order for the town dock to continue to facilitate the department boat it would have to be extended out approximately 40’ further into the lake. He said he believes the Chief will be negotiating again with the Power Boat Club for dockage there next year.
Mr. Emick asked Mrs. Carlson if as critical a step as establishing a Capital Fund for an Administrative Building of $50,000 with a total cost of $400 to $500,000; shouldn’t that have been a separate item on the agenda.
Mrs. Carlson said it is a critical step, but it is subject to permissive referendum. She indicated that it was in error that it had not been on the agenda.
NORTH HARMONY TRICK OR TREAT HOURS – MON. 10/31/16 5:00-7:00 PM
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the September Legislature meeting:
We had 9 projects that were selected for funding for the 2017 2% Lakes and Waterways Occupancy Bed Tax grant program. Included in the projects was one on Goose Creek (Mangione property) and 2 on Bemus Creek.
He said the County is receiving a net $2.4 million dollars more than expected from the IGT fund related to the last year of operation of the County Home. He said this will help with the shortfall from sales tax receipts. He said in the 3rd quarter revenues are already down $1.4 million.
He said they adjusted 2016 budget increasing the cost of handicapped pre-school transportation by $233,000.00 due to a greater number of children requiring transportation to services and the increasing complexity of disabilities requiring specialized special education services which are often only available out of the county. He said the $233,000 is the County share which is about 40% of the cost with the state paying the other $60,000.
He said they accepted a $15,000 grant from the state to support local efforts to develop and implement a system response to identify and provide services to youth who have experienced or are at risk of experiencing human trafficking or commercial sexual exploitation.
Mr. Chagnon said a proposal in on the table based on studies of the County EMS program to support and supplement the fire services that are having problems dispatching EMT’s when they are needed. He said the proposal is that the county establishes a fly car system with 3 cars that are staffed with 2 EMT’s. The cars will be dispatched when an EMT is not available; they will only provide EMT services and not transportation. He said the services for this would be billed to the respective Insurance agency of the recipient. He said the proposal in the budget would be self funding and there would be no local share cost.
He said he had heard mixed reviews on the idea but not serious objections. He said the concerns are more in the line of where this is going to lead.
Mrs. Carlson said unless you have volunteers in the department, ultimately you will have paid departments and there is no getting around that. If you want service you will have to pay for it.
Mr. Chagnon said there exists a large problem on response times of volunteer departments.
Mr. Stow indicated that another way to keep the cost down will be that the fly cars will be housed at no cost in the departments that have the most need.
Mr. Chagnon agreed and said although the program will be through County EMS, it will be in cooperation with all the Districts.
Mr. Stow praised the Sheriff’s office because all his new deputies and himself will be taking the EMT courses in order to help serve the needs in the area.
There was further general discussion of the idea.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT – (Absent due to illness)
HOWARD PEACOCK, JUSTICE – SEPTEMBER, 2016 REPORT
$68,524.00 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 September, 2016. We opened 293 new cases and closed 455 cases.
Mr. Peacock said according to the 2015 calendar year for the town and village court ranking report the Town of North Harmony was number one with $559,952.39. He said he has sent the final portion for the grant for the court addition to the Court system. He also commented that although the drug situation in the county is getting worse, it is really bad when an arrest for selling is made at the Stow Ferry by the Regional Drug Task Force.
There was general discussion of the issue.
BRAD LAWSON, ZONING C.E.O. (copy of report in Minute Book)
Mr. Lawson reviewed his report for those present. He said there will be some issues for the Planning Board to discuss at the October or November meeting and he will contact Mr. McCord about the amendments to the Zoning Code on the website.
NANCY THOMAS, TOWN CLERK (copy of report in Minute Book)
MOTION # 119 OF 2016
- STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MRS. ORTMAN SECONDED. YES (5): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)
MOTION # 120 OF 2016
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. MCNEILL SECONDED. YES (5): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 121 OF 2016
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $24,332.32. MRS. ORTMAN SECONDED.
YES (5): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 122 OF 2016
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $23,761.87. MR. STOW SECONDED. YES (5): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 123 OF 2016
ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MRS. ORTMAN, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 7:45 PM.
Nancy Thomas
Town Clerk
