TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 1/09/2017, 7:00 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
FRANK STOW, COUNCILMAN PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
OTHERS PRESENT: Dave Stapleton, Attorney; Dan Strickland, Highway Sup’t.; Pierre Chagnon, Legislator; Helen Emick; Katie Zimmer; Louis Reig; Brad Lawson, Zoning C.E.O.; Howard Peacock, Justice; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk
HOWARD PEACOCK, JUSTICE (TERM: 1/1/2017 – 12/31/2020)
A moment of silence was observed for the passing of Esther Lawson on 12/25/16, and former Highway Superintendent, Bob Pickett on 1/8/17
MINUTES: 12/12/2016 & 12/27/2016
MOTION # 1 OF 2017
- STOW MOTIONED TO APPROVE THE MINUTES OF THE 12/12/2016 AND 12/27/2016 (YEAR END) TOWN BOARD MEETINGS AS SUBMITTED BY THE CLERK. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
ANDALORA (New Name for Time Warner Cable)
TIM & ELISE MUFFIT – Letter commending Highway Department on the good job they do on the town roads
NYMIR INCREASE ON INSURANCE 2% TO $23,627.00
Mrs. Carlson said she does not have a firm figure on the increase but has been assured that the increase in our liability insurance for the town and properties will not exceed 2%.
1/9/2017 (Pg. 2)
ADDITIONAL YEAR END FUND TRANSFERS 2016 (copy of transfers attached to minutes)
MOTION # 2 OF 2017
- STOW MOTIONED TO APPROVE THE HIGHWAY FUND YEAR END TRANSFERS TOTALING $10,839.56. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 3 OF 2017
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND YEAR END TRANSFERS TOTALING $3,874.43. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
REORGANIZATION SCHEDULE 2017(copy attached to minutes)
Mrs. Carlson reviewed the reorganization schedule for those present.
- MOTION # 4 OF 2017
MRS. ORTMAN MOTIONED TO ADOPT THE 2017 REORGANIZATION SCHEDULE OF SALARIES AND APPOINTMENTS AS PRESENTED. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
OFFICIAL MEETING TIMES – Adopt Town Board meeting dates as submitted by legal notice to P.J. with the following change: 2017 meeting will be Tues. 10/10/17 (Planning Board meeting will be moved to 10/3/2017)
MOTION # 5 OF 2017
- STOW MOTIONED TO ADOPT TOWN BOARD MEETING DATES AS SUBMITTED BY LEGAL NOTICE TO THE POST JOURNAL WITH THE FOLLOWING CHANGE: THE OCTOBER, 2017 MEETING WILL BE ON TUESDAY 10/10/17, (PLANNING BOARD MEETING WILL BE MOVED TO 10/3/17). MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Thomas said she has received the warrant from the County as follows: Support of Highway,
$559,226.00; General Fund, $176,500.00; Special Districts $316,115.22; Total to Supervisor $1,051.841.22.
Total to Director of Finance $2,373,418.72. Total warrant amount $3,425,259.94. Dates of collection 1/9/17 through 4/3/17.
Mr. Stow asked if the Fire Department budget amount was included in the warrant.
Mrs. Thomas said yes, it is included in the Special District amount.
1/9/2017 (Pg. 3)
- APPOINTMENTS TO BOARDS:
Mrs. Carlson reviewed the Board appointments as included in the Reorganization Schedule. She said she would like to keep the Veteran’s Memorial Committee intact so that they can continue to meet on any changes/issues that may arise.
- WILLIAM ORTMAN – ZONING BOARD – (1/1/2017 – 12/31/2023)
- MOTION # 6 OF 2017
- STOW MOTIONED TO APPOINT WILLIAM ORTMAN TO THE ZONING BOARD OF APPEALS EFFECTIVE 1/1/2017 – 12/31/2023. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- JOHN P. RICE – PLANNING BOARD – (1/1/2017 – 12/31/2023)
- MOTION # 7 OF 2017
- SENA MOTIONED TO APPOINT JOHN P. RICE AS CHAIRMAN OF THE PLANNING BOARD EFFECTIVE 1/1/2017 – 12/31/2023. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- EMPLOYEE HANDBOOK – HIGHWAY EMPLOYEE VACATION ACCRUAL
Mr. Strickland said he wished to address Highway employee vacation time accrual in the employee handbook. He said vacation time currently is awarded on January 1st of each year. He said he would like to have it remain that way. He said Andy Post had questioned why his vacation wasn’t awarded on January 1. He used an example of probation hire date of October, and permanent hire date of February. He indicated that everyone gets a week vacation when they are hired. He said all employees should receive their vacation days at the same time on January 1st. He said everyone gets their vacation on Jan. 1, and no one should be singled out.
Mrs. Thomas asked if they earn vacation while on probation.
Mrs. Carlson said no.
Mr. Strickland said when he left the County and was hired as an M.E.O. at the town in October, 2000; he was awarded his vacation time in January, 2001.
Mrs. Thomas said that was prior to the Employee Handbook adoption.
Mrs. Carlson said ordinarily you wouldn’t start getting your vacation time until you had worked a year. She said the handbook, Article 10., indicates that 6 months to 1 year you get 4 hrs./month.
Mr. Strickland said other employees get all their vacation on January 1st.
Mrs. Thomas said they are grandfathered by the policy in place prior to the handbook.
Mr. Stow said he believed we adjusted some of the highway employee’s records so they would all get their vacation in January. He said in each case for a new hire it would require a motion to do the partial and adjust it to January 1st.
Mrs. Miller said whatever the board establishes today is what she will abide by in the future.
Mr. Sena asked Mrs. Miller what the issue with Mr. Post is.
Mrs. Miller said he addressed his date of hire and the amount of vacation time he had in advance of the New Year coming up. She said he indicated that he thought he had another year of vacation. She said there is some confusion on when his year begins: date of hire; end of probation; October 1, 2014.
Mr. Sena said he would be entitled in his first year to vacation of 4 hours for October, November and December.
1/9/2017 (Pg. 4)
Mrs. Miller said whatever is decided will affect all the new hires going forward.
Mr. Strickland said they were all hired in different months so when their six months probation is done, that will be their permanent hire date and they will begin accruing 4 hrs. vacation in that month and will accrue it till December 31 and then January 1st they will get their vacation for the year.
Mrs. Carlson asked if we needed to make a change in the handbook.
Mr. Strickland asked Mrs. Miller if she was clear and did anything need to change.
Mrs. Miller said if we’re going to follow the handbook.
Mr. Strickland said nothing needs to be added to that as long as Mrs. Miller understands how she is doing the book work.
Mr. Stow said as long as everyone is being treated equal.
Mrs. Miller stated that NYS Retirement mandates that date of hire (probationary) full time employees are granted retirement and cannot opt out of the retirement system.
- REVIEW / REAFFIRM: PROCUREMENT POLICY / EMPLOYEE HANDBOOK / (includes Violence in the Workplace and Code of Ethics)
- MOTION # 8 OF 2017
- STOW MOTIONED TO REAFFIRM/ADOPT THE PROCUREMENT POLICY; VIOLENCE IN THE WORKPLACE POLICY; AND THE CODE OF ETHICS POLICY. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE HIGHWAY SUPERINTENDENT TO:
- Post Roads
- Bid for Materials – County & State
- Attend Highway School
- MOTION # 9 OF 2017
- MCNEILL MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO:
- Post Roads
- Bid for Materials – County & State
- Attend Highway School
- STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE SUPERVISOR / BOARD TO:
- Sign Agreement to spend highway funds
- Renew the Shared Service Contract with Chautauqua County
- Sign Contract with Busti for Assessor Services
- Sign Contract with Chaut. Co. Sheriff for Court Officers
- Authorize all other Officials to attend meetings and school as budgeted
- MOTION # 10 OF 2017
- STOW MOTIONED TO AUTHORIZE THE SUPERVISOR AND BOARD TO SIGN THE AGREEMENT TO SPEND HIGHWAY FUNDS. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
1/9/2017 (Pg. 5)
- MOTION # 11 OF 2017
- SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO RENEW AND SIGN THE SHARED SERVICES CONTRACT WITH CHAUTAUQUA COUNTY. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 12 OF 2017
- SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN AND RENEW THE CONTRACT WITH BUSTI FOR ASSESSOR SERVICES (KEVIN OKERLUND). MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 13 OF 2017
- STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO RENEW AND SIGN THE CONTRACT WITH THE CHAUTAUQUA COUNTY SHERIFFS DEPT. FOR COURT OFFICERS IN AN AMOUNT NOT TO EXCEED $6,000 FOR 2017. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 14 OF 2017
MRS. ORTMAN MOTIONED TO AUTHORIZE ALL OTHER OFFICIALS TO ATTEND MEETINGS AND SCHOOL AS BUDGETED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- EMPLOYEE HANDBOOK CLARIFICATIONS
Mrs. Carlson asked Mr. Strickland if there was anything else to discuss about the handbook.
Mr. Strickland said not that he knows of.
- AUDIT OF COURT AND TOWN CLERK BOOKS
Mrs. Carlson said the board needs to schedule a time to audit the Court and Town Clerk’s books.
Mr. Peacock said his books should be ready without too much trouble anytime.
Mrs. Thomas said her books are almost ready, but she has been very busy with early taxes. She said she has just received her books back from the board for 2015 audit and asked if they intended to make a motion on the results. No action was taken.
Mr. Stow asked if the town would be using the same format as Baghat-Robbins used for the court last year.
Mrs. Carlson said yes, we would do the audit ourselves using the same format.
Mrs. Thomas said she would try to have her books ready for audit by 1/20/17.
- REQUEST FOR EXTENSION TO FILE ANNUAL UPDATE DOCUMENT (AUD)
Mrs. Carlson said they have requested an extension to file the AUD for the Comptroller.
- FULL TIME EMPLOYEES / RETIREMENT
Mrs. Carlson said that having found out that full time employees cannot opt out of the retirement system, the town may be getting a bill from NYS-ERS because we had not included the new full time employees in the retirement system immediately. She said they will be billing us along with interest.
Mr. McNeill asked if we have a potential dollar amount for that.
1/9/2017 (Pg. 6)
Mrs. Carlson said we do not know.
Mr. Stow said he recalled hearing awhile back we made a request that they audit.
Mrs. Miller said that when there were so many transitions in 2006 they had requested the Comptroller to audit, not the NYS-ERS.
- CHAUTAUQUA COUNTY DIRECTOR OF FINANCE – 2016 Statement of monies paid to town
Mrs. Thomas said she had provided the board members with a copy of the County’s yearly statement of all monies paid to the town in 2016.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the December, 2016 Legislature meeting:
I presented a commendation to the Maple Grove Boys Cross Country Team who won the New York State Public High School Athletic Association Class D Championship, their first state title in school history. The team had a 14-0 season league record and earned 1st place in the County championships and 1st place at the Section 6 Class D championship, and because of their outstanding season performance the team was invited to race at the NYS Federation meet and 5 team members were selected to the All-state team.
We extended tax collection agreements with the cities of Dunkirk and Jamestown. After considerable investigation, on balance I supported the extension of the tax collection agreements for the efficiencies and operational advantages they provide, and in recognizing the benefits of consolidation of services. But it is important that all County taxpayers recognize these agreements do not provide a net financial gain to the County, but rather a substantial net cost.
We authorized funding the County’s 5% share of ongoing expenses in the police consolidation study with the City of Jamestown that has been ongoing since 2007 when the grant was received. I expressed my concern with on-going expenses over such a long duration.
We authorized agreements with the Village of Bemus Point for enhanced police services, and the towns of Ellery and North Harmony for court security.
We approved labor contracts with the Chautauqua County Sheriff Supervisors Association and the Chautauqua County Deputy Sheriffs Association for five-year terms. In exchange for moving from the current NYS retirement plan permitting retirement after 25 years of service to a plan permitting retirement after 20 years of service, all active duty members of these bargaining units as well as all future retirees will be enrolled in the County’s high deductible health insurance plan. If assumptions hold, this should result in a net cost reduction to the County within 10 years.
ASSESSOR, KEVIN OKERLUND
Mrs. Carlson said Mr. Okerlund’s report indicated that the Enhanced STAR forms will be mailed out soon and will need to be returned by 3/1/17 (income limit $86,000). The Senior exemption is for any resident age 65 or over whose combined income is $20,000 or less per year (50% reduction of Town/County tax). She said the town had opted many years ago to stay in line with the county on this exemption and
1/9/2017 (Pg. 7)
somehow that had gotten missed by the Assessor’s Office. She said she believes the matter has been resolved for future exemption amounts.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the asphalt plant will be opening sometime in April and until then they will be out plowing the roads.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read his December, 2016 report for those present.
$41,752.00 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 December, 2016. We opened 231 new cases and closed 263 cases.
Of the $51,176.00 collected by the Court in November, the Town retained $15,998.00.
Please note that I will submit the 2016 year-end summary in the February report as I do not yet have the Comptroller’s figures for December.
- GRANT APPLICATION FOR COURT (2ND APPLICATION)
Mr. Peacock said he had received notification that the Court has been awarded a second grant from the Unified Court System in the amount of $15,000.00 (requested was $25,000). He said the town has 180 days to spend the funds.
Mrs. Carlson asked Mr. Sena where we stand on the addition.
Mr. Sena said the Architect and Engineer had just contacted him today and he hopes to meet with both of them this week.
Mrs. Carlson said it would be good for all involved to have a meeting with them.
Mr. Sena said they could review the preliminary design; give an idea of cost; and funds could be released to move forward.
BRAD LAWSON, ZONING C.E.O. (Report in Minute Book)
Mr. Lawson reviewed his report for December, 2016.
BRAD LAWSON, AFD COMMISSIONER
Mr. Lawson said the District held their Organizational Meeting last Tuesday. He said the Fire Dept. Chiefs have really held the line on spending which they are grateful for as they are still paying for the tanker.
He said there is a truck at the Ashville Station now. He said a number of young members will turn 21 this year and that is going to be a big help to the department.
JOHN STOW, D.C.O.
Mrs. Carlson said Mr. Stow’s report included a dangerous dog incident on Butts Rd. in which the dog was deemed not to be dangerous.
NANCY THOMAS, TOWN CLERK (Copy of report in Minute Book)
Mrs. Thomas reminded the board that the AOT 2017 Training School and Annual Meeting will be held in New York City Feb. 19-22, 2017.
1/9/2017 (Pg. 8)
- MOTION # 15 OF 2017
- STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)
- MOTION # 16 OF 2017
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. SENA SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 17 OF 2017
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $23,989.39. MR. SENA SECONDED.
YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 18 OF 2017
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $23.355/08. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 19 OF 2017
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. STOW, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 7:55 PM.
|2016 YEAR END TRANSFERS|
|TOWN OF NORTH HARMONY 2016|
|$ 10,839.56||DS5110.4||DR5130.4||$ 10,839.56|
|$ 10,839.56||TOTAL||$ 10,839.56|
|Total Highway Fund Transfer||$ 10,839.56|
|$ 1,264.95||A1110.2||A1110.1||$ 2,722.50|
|$ 2,722.50||Sub Total||$ 2,722.50|
|$ 166.00||A1220.4||A1220.2||$ 166.00|
|Sub Total||$ 166.00|
|$ 44.18||A1410.1||A1410.2||$ 274.72|
|$ 274.72||Sub Total||$ 274.72|
|Total General Fund Transfers||$3,874.43|
|2017 Salaries and Appointments||created : Robin L. Miller|
|Mileage Rate per IRS||.54 ( per Robin 1/23/2017 )||1/23/2017|
|SUPERVISOR||Sally P. Carlson ( 2017 )||8,300.00|
|COUNCILMEN ( 4 )||2,300.00|
|TOWN CLERK||Nancy M. Thomas ( 2017 )||32,910.00|
|ATTORNEY||David R. Stapleton||6,000.00|
|TOWN JUSTICE #1 H.P.||Howard E. Peacock( 2020 )||11,500.00|
|HIGHWAY SUPERINTENDENT||Dan Strickland ( 2017 )||51,500.00|
|COURT CLERK||Vickie Stow||33,300.00|
|Deputy Court Clerk||Katie Zimmer||14.00hr|
|Deputy Court Clerk||Barbara Peacock||14.00hr|
|Deputy Town Clerk||Stephanie Gibbs||11.00 hr|
|Deputy Town Clerk||Daniel Thomas||11.00hr|
|BOOKKEEPER||Robin L. Miller||27,360.00|
|CEMETERY SEXTON||Jack Knowlton||10.20prhr|
|ANIMAL CONTROL||John Stow||100.00 mnth plus 12.00 hr per dog pursuit|
|Deputy Animal Control||Frank Stow||12.00 hr|
|Deputy Animal Control||Brittany Stow||12.00 hr|
|REGISTRAR||Nancy M. Thomas||500.00|
|Deputy Supervisor||Frank Stow ( 2017 )|
|Personnel Officer||Robin Miller|
|Deputy Hwy Supt.||Todd Eddy||22.55||33.83|
|CODE ENFORCEMENT OFFICER||Brad Lawson||14,500.00|
|Board of Assessment Review|
|Official Bank||M & T||Craig Sundlov||2021|
|Official Newspaper||Jamestown Post Journal||Roberta Anderson||2017|
|Mileage Rate||0.54||Craig Gleason||2018|
|TOWN JUSTICE #1 H.P.||Clayton Emick||2019|
|TOWN CLERK||PETTY CASH FUND||200.00||Chris Keefe||2020|
|HIGHWAY SUPERINTENDENT||PETTY CASH FUND||200.00|
|CLEANING PERSONNEL||DIANA BEAN||12.00hr|
|OFFICIAL MEETING TIME||2nd Monday of Every Month at 7:00PM|
|*2nd Tuesday October 10,2017 *|
|COMMITTEES FOR 2017|
|HIGHWAY||Frank Stow (2017 ), Duncan McNeill|
|POLICE COMMISSION||Frank Stow,Howard Peacock|
|PERSONNEL||Duncan McNeil, Louise Ortman|
|PARKS/CEMETERIES||Sally Carlson ( 2017 ), Richard Sena (2017 ),Louise Ortman|
|BUILDING||Entire Board, Brad Lawson|
|VETERANS||Ron Saxton, Nancy Thomas, Sally Carlson, , Frank Stow, Duncan McNeil ( 2019 )|
|ZONING BOARD||Will Ortman ( 2023),Jim Levesque ( 2021 ),Roger Vaillancourt (2022 ),|
|Gary winger (2017 ), Greg Michalak ( 2019 )|
|Dan Thomas ( 2018 ), Helen Emick ( 2020 )|
|PLANNING BOARD||Pat Rice ( 2023 ),Richard Johnson( 2020),Louis Reig ( 2021 ), Walter Geist( 2018 ),|
|Steve Senske(2017 ), Chip Warner ( 2022 ), Phil Strand ( 2019 )|
|Symbol: ( ) date equals end of elected term or end of term appointment|
|* Asterik = Sub Contractor status – 1099 – not required to report to Human Resources/Personnel Format|
|Centennial Committee – Entire Board – 2019|