TOWN OF NORTH HARMONY
SEQR AND PUBLIC HEARING
LL #4-2016, ESTABLISHING A 4 MONTH MORATORIUM ON NEW RESIDENTIAL SUBDIVISION DEVELOPMENT/SITE PLAN APPROVAL
MONDAY, 11/14/2016, 6:45 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; Clayton & Helen Emick; Lynn Smith; Howard Peacock, Justice; Brad Lawson, Zoning CEO; Louis Rieg, Planning; Nancy Thomas, Town Clerk
Mrs. Carlson opened the hearing at 6:45 PM. She said the purpose of this Local Law is to regulate and control land use in the town and to protect the health, safety and welfare of its residents by establishing a Four (4) Month Moratorium on New Residential Subdivision Development/Site Plan Approval.
Mr. Stapleton said the purpose of the moratorium is to allow the town time to review the draft Subdivision Law that the Planning Board has been working on. Mr. Stapleton said he has prepared a Short Form SEQR for the local law. It was indicated that a response from Chautauqua County Planning on the Municipal Referral submitted stated that “the law was a matter of local concern”.
Mr. Stapleton reviewed Part 1, 2, &3 of the Short Form SEQR with the Town Board.
- MOTION # 127 OF 2016
MRS. ORTMAN MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ON LOCAL LAW 4-2016, ESTABLISHING A 4 MONTH MORATORIUM ON NEW RESIDENTIAL SUBDIVISION DEVELOPMENT/SITE PLAN APPROVAL. MR. MCNEILL SECONDED. . YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
The hearing was adjourned at 6:55 PM.
Nancy Thomas
Town Clerk
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 11/14/2016, 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; Clayton & Helen Emick; Lynn Smith; Howard Peacock, Justice; Brad Lawson, Zoning CEO; Louis Rieg, Planning; Nancy Thomas, Town Clerk
PLEDGE
MINUTES: 10/3/2016
MOTION # 128 OF 2016
- STOW MOTIONED TO APPROVE THE MINUTES OF THE 10/3/2016 TOWN BOARD MEETING WITH THE FOLLOWING CORRECTIONS: Page 6: Correct paragraph 2 to read $400,000 to $500,000; CORRECT MOTION #119, 120, 121, & 122: NUMBER OF YES VOTES CHANGED TO (4)TO REFLECT ABSENCE OF MR. SENA. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
ANNOUNCEMENTS:
PUBLIC COMMENT:
CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
NYMIR – INSURANCE – NO RECOMMENDATIONS FOLLOWING INSPECTION – SAFE DRIVING INSTRUCTION IN MAYVILLE
- US SENATOR – CHARLES SCHUMER – MUSEUM GRANT
- PUBLIC SERVICE COMMISSION – NATIONAL FUEL RATE
- ZBA MINUTES
- SOLAR ENERGY – SOLAR LIBERTY, GLOBAL CROWD FUND
- CHAUTAUQUA CO. – SALES TAX 163,964.48 (+2030.48) (-6768.46 from last year)
- CHAUTAUQUA CO. SEWER AGENCY – FLYOVER DONE BY SPRING
Mrs. Carlson said SC&CLSD has agreed to pay the cost of the flyover for aerial photographs at a cost of $6,000.00.
- O’BRIEN & GEER – SC&CLSD – Will be receiving hardship financing letter – offering interest free loan.
Mrs. Carlson said they have met with the NYS Environmental Facilities Corp. on the intended use plan and they report that the projects will receive $17.3 million to extend sewer lines from existing SC&CLSD boundary at Sunrise Cove through the hamlet of Stow. The SC&CLSD will be receiving a hardship financing letter within the next few months offering an interest free loan if it is closed prior to 3/20/2018.
- AOT – DUES AND INFO ON REGISTRATION FOR YEARLY CONFERENCE IN FEB.
- NYS-DOT – LETTER RE PERMIT FOR PROJECTS IN NYS ROW
Mr. Strickland said he does not believe you need to request a permit if you aren’t doing any projects in State ROW’s. He said he would clarify this with the DOT.
OLD BUSINESS
WINDSTREAM REMOTE SWITCH SITE FOR HIGH SPEED INTERNET
Mr. Stapleton said he has had conversations with the Windstream Project Engineer and he has confirmed that the Thayer’s who own the land that they wish to locate their switch site on have agreed to the easement for the project. The facility will be located at the intersection of Ash and Spring Streets across from their existing station. Mr. Stapleton said he has urged them to complete the project as soon as possible. He said he has also spoken to them about extending the high speed internet down to the Stow Hamlet and they indicated that the facility is already in place behind Hogan’s Hut and is ready to be turned on in about 2 weeks. The additional speed will of course, come at a cost to those who wish to have it.
Mrs. Thomas noted that many residents who have Windstream are paying for speeds that they have never gotten and she has heard of some customers that have negotiated their bill payments down because of this.
Mrs. Emick said she would be surprised if this really happens.
- INSURANCE RATES : Single $408.39; Emp. & Spouse $816.78; Emp. & Children $694.26; Family $1,163.91 (employee share is 15%)
COURT ADDITION
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- CHAUTAUQUA UTILITIES
- $1200 Estimate
- $1950 Second estimate and bill
- Request itemized estimate in the future
- BIDDING SPECIFICATIONS FOR AN ENGINEER OR ARCHITECT
- CHAUTAUQUA UTILITIES
Mr. Sena said he did not sign off on the bill for Chautauqua Utilities because the first estimate was for $1,200.00, the second was for $1,950.00 and the bill was for $1,900.00. He said he saw no reason for the increase because they left a hole that the town had to fill in, there was no barricade installed and they did not re-blacktop. He said they just dug it and changed the location of the meter.
Mrs. Carlson said she did not believe we have any recourse as it was an estimate.
Mrs. Thomas said the court did get an estimate for $1,950.00 and her understanding after speaking to Scott Sampson was that this also covered a new meter and reinstallation when the addition is complete.
It was discussed that there was no itemization on the bill.
Mr. Sena said the $1,200.00 was what he had verbally discussed with Mr. Sampson.
Mr. Stapleton said the town could refuse to make payment until a further discussion with Mr. Sampson for clarification.
Mr. Sena said he would take care of it.
- MOTION # 129 OF 2016
- MCNEILL MOTIONED TO HOLD THE CHAUTAUQUA UTILITIES BILL IN THE AMOUNT OF $1,900.00 IN ABEYANCE UNTIL ITEMIZATION OF CHARGES ARE RECEIVED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mr. Sena said concerning the Engineering and Architect portion of the court addition, he had spoken to Peter Radka a local engineer and he had given him the name of Susan Bryerly who he spoke with. He said he, Mr. Radka and Ms. Bryerly will be meeting hopefully this week. He said they plan to come up with a rough idea of cost to do the architectural work and do the specifications to be put out for bid.
- SPEED LIMIT 394 – Copy of letter sent to Robert & Linda Kelly from Thomas Massana, Regional Engineer NYS DOT
Mrs. Carlson said the letter from the DOT indicated that it was the town’s request that the 55 mph be kept on Rt. 394. She said she has heard nothing more from the Kelly’s.
- MONARCH GARDENS
Mr. Sena asked if the Scout Leader who had contacted the town about an Eagle Project had made any further contact with us. He said he would try to get in touch with him again about the gardens, or perhaps Troop 141 would be interested in helping.
Mrs. Carlson said perhaps they could help with one on the Commons in Ashville as the Cub Scouts are doing the one at the Building.
NEW BUSINESS:
HIGHWAY EQUIPMENT LIST FOR 2016 – RECEIVED
BAN – BOCES ROAD PUSH – Maturity 11/25/2016
- Principal Balance $95,187.23
- Principal Payment $10,284.20 (incl. credit bal. 2015 $189 & interest over $195.20)
- Interest Payment $ 3,104.80
- TOTAL PAYMENT $13,389.00
- RENEWAL AMOUNT $84,903.03
Mrs. Carlson asked if this includes Attorney fees of $480.00. Mrs. Miller said no. Mrs. Carlson noted that this BAN is paid by BOCES.
- MOTION # 130 OF 2016
- SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO MAKE PAYMENT ON THE BOCES ROAD PUSH BAN PRINCIPAL BALANCE OF $95,187.23 WHICH MATURES ON 11/25/16 AS FOLLOWS: PRINCIPAL PAYMENT OF $10,284.20 (incl. credit bal. 2015 $189 & interest over $195.20); INTEREST PAYMENT OF $3,104.80; ATTORNEY FEES OF $480.00. FURTHER, THE SUPERVISOR WAS AUTHORIZED TO SIGN ALL DOCUMENTS TO RENEW THE BAN WITH M&T BANK IN THE AMOUNT OF $84, 903.03 AT THE PREVAILING INTEREST RATE FOR 2017. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
CAR PARTS IN GARAGE NEXT DOOR
Mrs. Carlson said there was someone interested in purchasing the old car parts in the building next door. She asked if we needed to advertise for bids on this if the amount is less than $500.00.
Mr. Stapleton said no.
Mrs. Carlson said she would ask the interested party to submit something in writing.
LOCAL LAW # 4-2016 MORATORIUM ON SUBDIVISION
MOTION # 131 OF 2016
- SENA MOTIONED TO ADOPT LOCAL LAW #4-2016 ESTABLISHING A FOUR (4) MONTH MORATORIUM ON NEW RESIDENTIAL SUBDIVISION DEVELOPMENT/SITE PLAN APPROVAL. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
PROPOSED LOCAL LAW # 5-2016 SUBDIVISION LAW
MOTION # 132 OF 2016
- SENA MOTIONED TO HOLD A SEQR AND PUBLIC HEARING ON PROPOSED LOCAL LAW #5-2016, TOWN OF NORTH HARMONY SUBDIVISION OF LANDS ON MONDAY, 12/12/2016 AT 6:30 PM AT THE TOWN BUILDING PRIOR TO THE REGULARLY SCHEDULED BOARD MEETING. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
SENIOR EXEMPTION – LEVEL – REAFFIRM 1999 MOTION TO STAY AT COUNTY LEVEL.
Mrs. Carlson said the Town had passed a motion in 1999 to keep our Senior Low Income Exemption in line with the County level. She said we need to reaffirm the 1999 motion because the Assessor’s office has not kept that in line with the county exemption. She said our level is listed at $19,000.00 or below and it should be at the County level of $20,000.00 or below.
- MOTION # 133 OF 2016
- MCNEILL MOTIONED TO REAFFIRM THE 1999 MOTION ALLOWING NORTH HARMONY SENIOR LOW INCOME EXEMPTION ON TOWN AND COUNTY TAXES TO BE LEVEL WITH THE CHAUTAUQUA COUNTY ALLOWED LEVEL. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
REQUEST TOWN TO WAIVE FEE FOR SIGN AT VETERANS PARK
MOTION # 134 OF 2016
- STOW MOTIONED THAT THE TOWN WAIVE THE ZONING BOARD OF APPEALS AND BUILDING FEE FOR THE SIGN INSTALLED AT VETERANS PARK. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
BOARD OF ASSESSMENT REVIEW – APPOINT CRAIG SUNDLOV
Mrs. Carlson said Don Butler’s term on the Board of Assessment Review expired on 9/30/2016, and he will not be renewing it.
- MOTION # 135 OF 2016
- SENA MOTIONED TO APPOINT CRAIG SUNDLOV TO THE BOARD OF ASSESSMENT REVIEW EFFECTIVE 10/1/2016 – 9/30/2021. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
EMPLOYEE HAND BOOK
-
- Sick time – 8 hrs a month
- Clothing – $400
There was general discussion of this and Mr. Strickland said the clothing allowance was changed to $400 two years ago. It was noted that the sick time is correct in the book at 8/hrs. per month. It appears that the revisions that are at the end of the book are confusing to the employees. There was further discussion and Mrs. Thomas said she would review past minutes to see if the $400 allowance was discussed. After some time it was determined that the clothing allowance would be discussed further at the December meeting.
Mr. Strickland said that the increase to $400 was discussed with the Highway Committee two years ago and apparently did not make it into the handbook, but was approved verbally.
Mr. Stow said it has to come before the board for a vote before it is incorporated into the handbook.
RENEW ELECTRIC SUPPLIER CONTRACT WITH PRO-STAR ENERGY FOR 3 YEARS @ .05785
Mrs. Thomas said this is a shared service through the AOT and the bill comes from Constellation.
- MOTION # 136 OF 2016
- SENA MOTIONED TO RENEW OUR ELECTRIC SUPPLIER CONTRACT WITH PRO-STAR ENERGY FOR 3 YEARS AT .05785/kwh. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
CHRIS BLACK, PROBATIONARY MEO – PERMANENT APPOINTMENT AND $1/HR RAISE EFFECTIVE 11/24/2016
Mr. Strickland said he will be sitting down with Mr. Black for an evaluation soon. He said he is satisfied with his performance.
- MOTION # 137 OF 2016
- MCNEILL MOTIONED TO MAKE CHRIS BLACK A PERMANENT M.E.O. SUBJECT TO EVALUATION EFFECTIVE 11/24/2016, FURTHER HE WILL BE AWARDED A $1/HR RAISE EFFECTIVE 11/24/2016, $16/HR; $24 HR/OT. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
REPORTS:
KEVIN OKERLUND, ASSESSOR
Mrs. Carlson said the report indicates that they are attending a class on the valuation of solar farms. There have been 2 small claims on assessment which they hope to have resolved soon. There was information on the process for correcting the STAR credit checks that were mailed with improper amounts.
HOWARD PEACOCK, JUSTICE
Mr. Peacock reported for the month of October, 2016. He said $68,088.00 in fines, fees and surcharges was collected by the Court and given to the Town CFO for the court cases reported to the NYS Comptroller for October, 2016. They opened 336 new cases and closed 421 cases. Of the $68,524.00 collected by the court in September, the Town retained $24,738.00.
Mr. Peacock said he had applied for another OCA grant for 2017 and has heard nothing yet. He said he would like to express his concern that the project needs to get some momentum. He said he is concerned that the OCA will not wish to give us further funding based on what has been completed thus far.
Mrs. Carlson said we have $100,000.00 in the budget. She said hopefully we will have an architect and some specifications for the addition soon.
DAN STRICKLAND, HIGHWAY MEO
Mr. Strickland said the highway employees are getting ready for winter.
Mrs. Carlson stated publicly she wanted to thank him and the Highway Department for their work on the Veterans Memorial Project.
Mr. Strickland said truck #1 was in Buffalo at Regional International. He said it has been very difficult to get it fixed. He said they have been cutting trees on Erickson Road that were in the ROW and rotten.
BRAD LAWSON, ZONING C.E.O. (Copy in Minute Book)
Mr. Lawson gave a review of his report. He said he was happy to report that 5 new home permits were finalized this year. He said there was a fire on Cheney Rd. at the Seekins place that was electrical. He said there was a complaint on a property on Eggleston Hill and he believed he had that handled.
BRAD LAWSON, AFD COMMISSIONER
Mr. Lawson said their budget for 2017 is done. He said they are trying to save money for a new truck. He said there are 2 spots for Commissioner open this year and the election is on Tues., 12/13/16.
NANCY THOMAS, TOWN CLERK (Copy in Minute Book)
Mrs. Thomas said we have been informed by the NYS-DOS of the filing of LL #3-2016.
MOTION # 138 OF 2016
- STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. YES (5): STOW, MCNEILL, SENA, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)
MOTION # 139 OF 2016
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. SENA SECONDED. YES (5): STOW, MCNEILL, SENA, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 140 OF 2016
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $52,010.00. MRS. ORTMAN SECONDED.
YES (5): STOW, MCNEILL, SENA, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 141 OF 2016
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $56,471.84. MRS. ORTMAN SECONDED. YES (5): STOW, MCNEILL, SENA, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 142 OF 2016
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. STOW, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:05 PM.
Nancy Thomas
Town Clerk
