TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY March 13, 2017, 7:00 PM
SALLY P. CARLSON, SUPERVISOR ABSENT
FRANK STOW, COUNCILMAN PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN ABSENT, ILLNESS
LOUISE ORTMAN, COUNCILWOMAN PRESENT
OTHERS PRESENT: Dave Stapleton, Attorney; Pierre Chagnon, Legislator; Louis Reig; Brad Lawson, Zoning C.E.O.; Howard Peacock, Justice; Robin Miller, Bookkeeper; Bruce Pfeil; Steve Russo and Aaron Olson, Jamestown Macadam; Clayton & Helen Emick; Nancy Thomas, Town Clerk
Supervisor Carlson is on vacation and in her absence Mr. Stow, Deputy Supervisor chaired the meeting.
PLEDGE
MINUTES: 2/13/17
MOTION # 30 OF 2017
MRS. ORTMAN MOTIONED TO ACCEPT THE MINUTES OF THE 2/13/2017 TOWN BOARD MEETING AS SUBMITTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (3): SENA, ORTMAN, STOW. NO (0). THE MOTION WAS CARRIED.
ANNOUNCEMENTS:
- M&T BANK – CLOSING BEMUS PT. BRANCH 6/1/2017
- CHAUTAUQUA LAKE MACROPHYTE MANAGEMENT STRATEGY – Complete and will be submitted to the DEC
- SEDIMENT CONTROL TRAINING – 4/3/17 in Fredonia, registration 3/27/17
PUBLIC COMMENT:
AARON OLSON & STEVE RUSSO, JAMESTOWN MACADAM
Mr. Olson said Jamestown Macadam is in the process of purchasing the Opalecky gravel pit from the James family on Open Meadows Road. He said that Jamestown Macadam would like to reopen the pit and mine sand and gravel for resale to County towns and villages. He said they would basically adopt the mine plan that was approved when Tri-James purchased the pit from Opalecky. He said they will be working with the DEC to obtain the proper permitting and approvals. A letter stating their intent was submitted to the board.
Mr. Sena said the board members have a copy of the Special Use Permit submitted by Jamestown Macadam.
Mr. Stow asked how long the process would take.
Mr. Olson said the DEC had informed them it might take up to a year for the permit to go through.
Mr. Stow asked what a Reclamation Bond entails.
Mr. Olson said through the permit plan the DEC will instruct you on how they want the reclamation of the pit done. He said the bond is funds that Jamestown Macadam puts up so if anything goes wrong the DEC can fund mitigation.
TOWN BOARD
3/13/14 (Pg. 2)
Mr. Lawson said the building permit application and Special Use Permit have been filed so that once Jamestown Macadam has enough information to have the SEQR, etc. done, the town board can hold the public hearing. He said nothing can be done until the mining permit is issued.
Mr. Olson said there is a slight chance that the DEC will fast track the permit because nothing is being changed from the previous mining plan issued to Tri-James. Mr. Olson said they will be crushing and screening gravel, but probably not washing.
Mr. Lawson said it would be a good idea to keep the town board informed of the ongoing status of the application as they will need time to set up hearings, etc.
- BRUCE PFEIL – Resident 2906 Chautauqua Ave.
Mr. Pfeil said there had been a safety issue with a sluice being undermined and a hole developing on Chautauqua Avenue. He said he had spoken to Mr. Lawson and hadn’t had time to contact Mr. Strickland. He said before he was able to contact them, the Highway Department came and fixed the problem. He said it was done immediately and well. He thanked the town and highway for a great job.
- LOUIS RIEG, SUNRISE COVE HOMEOWNERS ASSOCIATION
Mr. Rieg said on behalf of the Association, he would like to thank the Town and Highway Dept. for replacing the sign that was damaged beyond repair about a month ago by a plow truck.
CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- NYS-RETIREMENT – Charged us $12.92 because they said our payment was late (it was mailed 8 days before the due date)
ASSESSOR – JANUARY, 2017 PROPERTY TRANSFERS
SENATOR CATHY YOUNG – RT. 394 – Contacted Eric Meka, DOT Engineer
VINCE HORRIGAN – BOOKLET – ON THE MOVE AND THRIVING
CHARTER COMMUNICATIONS (Prev. Time Warner) – 4th Qtr. Franchise Fees $5,013.89
ERIC MEKA, NYS-DOT – Letter 2/24/17 re Rt. 394
Mr. Stow said Mr. Meka’s letter indicates that they are patching the area as weather permits and reconstruction work should start in June, 2017.
CHAUTAUQUA CO. EMERGENCY SERVICES – 8:30-12:00, 3/23/17, Public Assistance
Mr. Stow said he will be attending the meeting.
- CLA – REPORT OF 2016 LAKE MANAGEMENT ACTIVITIES & Denim & Diamonds Gala 6/27/17
SOUTHERN TIER WEST (STW) – Annual Local Government Conference at Houghton University, Wed., 5/10/17
TOWN BOARD
3/13/14 (Pg. 3)
BEMUS BAY PROPERTY OWNERS (BBPO) – APPLYING TO DEC FOR A PERMIT TO SPRAY AN HERBICIDE IN THE LAKE FROM LONG POINT TO THE CASINO
ASSOCIATION OF TOWNS – FINANCIAL TRAINING
OLD BUSINESS
COURT ADDITION – GET COST ESTIMATES:
- Addition and Remediation on existing building
- New Building on town land on Stow Rd. next to Fire Hall (review Ortman drawing)
Mr. Stow said Mr. Ortman had drawn a simple plan for the building of a new town building on property next to the Fire Hall on Stow Rd. He said what needs to be done is review of all options, the cost of each and their effect on taxes.
Mr. Sena said at this stage everything is so preliminary, he feels we should get more input. He said the construction of a new building is Mrs. Carlson’s suggestion based on weighing the cost of a new addition and remediation and work required on the old portion of the existing town building as opposed to building a new structure. He suggested that the town needs an appraisal on this building and ask a local builder like Kris Keefe to give us some numbers on cost before we hire an architect. He said that Mrs. Carlson had left a letter that indicated we need to get cost estimates before we proceed any further. Issues with the current building discussed in the letter are: asbestos and radon (last test done 1999) removal or control; age of building (built 1956). He also suggested that perhaps we could rework the size of the addition to control costs and remodel the old portion. Mrs. Carlson’s letter indicated that creation of an new building will: create additional space to accommodate present and future needs; have handicap accessible bathrooms; allow for a larger court/meeting room; additional storage space; make use of land currently owned by town; allow space for future consolidation; make use of future sewer lines. Mr. Sena again suggested contacting Kris Keefe to get some preliminary numbers to determine where the town wants to go with this before an architect is hired.
- MOTION # 31 OF 2017
- SENA MOTIONED TO TABLE ACTION ON DISCUSSION OF A COURT ADDITION UNTIL FURTHER INFORMATION/ESTIMATES CAN BE OBTAINED. MRS. ORTMAN SECONDED. YES (3): SENA, ORTMAN, STOW. NO (0). THE MOTION WAS CARRIED.
Mr. Emick asked how many square feet are planned / needed for a new building.
Mr. Stow said he does not have an answer for that as we need to do more investigation. He said everything is pretty preliminary at this point. He said Mrs. Carlson, Mr. Sena and Mr. Ortman have taken lead on this project. He said he feels we need to have at least two options before a decision is made.
Mr. Sena said he was involved in 6 preliminary drawings for the proposed addition and Sue Bryerly had provided the 7th drawing for an addition. He said the last drawing was about 2,200 sq. ft. He said the preliminary cost figures were such that Mrs. Carlson felt that if we were going to spend that kind of money on adding onto and remodeling an old building, we should see what the cost of a new building would be. It was discussed that selling the current building would offset some of the cost.
Mr. Emick asked if the property next door had been purchased for expansion of this building.
Mr. Sena said yes and it was grant funding that had been used for utility work.
Mrs. Emick asked what the costs have been up to date.
Mr. Peacock said the first grant was for $25,000.00.
TOWN BOARD
3/13/14 (Pg. 4)
Mr. Sena said not quite all of that has been spent because Vidal had not completed the electrical work.
Mr. Emick asked why a new building had not been considered at that time before funding was spent.
Mr. Sena said because it was felt that a new building was too expensive, but the addition has continued to grow.
Mrs. Emick asked how much money has been invested in the plans and architect work for the expansion; which would be wasted money.
Mr. Sena said probably less than $1,000.00.
Mrs. Ortman said with the move toward consolidation, if the town had a facility it might draw some interest from other towns.
Mr. Sena said we have also been invited to merge/consolidate services with others.
It was discussed that generally no town wants to give up any part of their services and that is not a good reason for going forward with a new building.
Mr. Emick read aloud and article about growing taxes.
Mrs. Emick commented about the fact that the Mitchell property is rented and should have been sold long ago.
Mr. Sena said if we were to build something new, the town would probably put all the properties on the market (Community Bldg., Mitchells & Raynor’s).
There was discussion of other properties that the town owns. It was noted that none of them are salable lots. Mr. Sena said the town had looked at having some of its land timbered in the past but at that time lumber costs were low and it seemed prudent to wait until prices go up.
There was further general discussion.
There was discussion of grant funding that has already been spent.
Mr. Peacock said that is a concern because funding was spent on the addition and if the decision is to build a new building, he assumes they will want the town to repay those funds and we will have to reapply for further grant funding.
Mr. Sena said the idea of a new building was just brought up this week so it is new to all of the board.
NYS-ERS – WORKDAY REPORTING
Mrs. Thomas said that NYS Employee Retirement System had sent a letter stating that we need to submit a new Standard Workday and Reporting Resolution. She said they provided a list of employees but some of them are hourly and do not need to be on the resolution. She said any appointed / elected salaried employee needs to complete a 90 Record of Activities calendar in order to determine their number of days worked for retirement reporting purposes. She said Mr. Peacock is doing a new report since he is working more hours because of Mr. Bensink’s retirement; Mrs. Miller as an appointed salaried bookkeeper will be completing one; and Mrs. Stow will also be completing one as an appointed salaried court clerk. She said when they are complete; the resolution will be filed with the NYS-ERS.
- AUDIT OF COURT AND TOWN CLERK BOOKS
Mr. Stow said that three board members have reviewed the Court books and the Town Clerks books.
- MOTION # 32 OF 2017
MRS. ORTMAN MOTIONED FOR A SATISFACTORY CONCLUSION OF THE AUDIT OF THE 2016 COURT BOOKS. MR. SENA SECONDED. YES (3): SENA, ORTMAN, STOW. NO (0). THE MOTION WAS CARRIED.
TOWN BOARD
3/13/14 (Pg. 5)
MOTION # 33 OF 2017
- SENA MOTIONED FOR A SATISFACTORY CONCLUSION OF THE AUDIT OF THE 2016 TOWN CLERK BOOKS. MRS. ORTMAN SECONDED. YES (3): SENA, ORTMAN, STOW. NO (0). THE MOTION WAS CARRIED.
NYS-DOS – CERTIFICATION OF FILING OF LL#1-2017 SUBDIVISION OF LAND
EMPLOYEE HANDBOOK REVISIONS
Mr. Stow said changes had been made to the Employee Handbook at the February, 2017 Board Meeting under Motion #22 that were not clear. He said the following motion is to clarify these changes.
- MOTION # 34 OF 2017
- SENA MOTIONED TO ADOPT THE FOLLOWING REVISIONS TO THE EMPLOYEE HANDBOOK EFFECTIVE 3/13/2017:
- 6. – ARTICLE 1., DEFINITION OF EMPLOYEES
FULL TIME EMPLOYEES – are Highway Department employees who are normally scheduled to work 40 hours per week. All full time employees must enroll in the NYS Retirement System prior to beginning employment.
- 6. – ARTICLE 1., DEFINITION OF EMPLOYEES
TEMPORARY EMPLOYEE – Hired for indefinite period of time for an indefinite number of hours as a substitute for a currently unavailable employee.
- 16. – ARTICLE 6.4, BENEFITS FOR NEW FULL TIME EMPLOYEES
Accrual of sick leave shall commence after the employee has been appointed to a permanent status.
- 17. – ARTICLE 9. HIGHWAY EMPLOYEES’ PERSONAL DAYS
After one full year of employment, each full time employee is eligible for 2 paid personal days per year.
- 18. – ARTICLE 10. HIGHWAY EMPLOYEES’ PAID VACATION DAYS
Effective 3/13/2017, after one year of employment, each full time employee will be eligible for the following paid vacation time based on the length of employment status.
YEAR HOURS
0 to 1 year 0
1st 48
2nd 56
Etc.
- After full wage scale is reached, vacation time will be awarded on January 1st of each year.
- STOW SECONDED. YES (3): SENA, ORTMAN, STOW. NO (0). THE MOTION WAS CARRIED.
NEW BUSINESS:
TRI-JAMES / OPALECKY GRAVEL PIT SALE TO JAMESTOWN MACADAM – SPECIAL MEETING?
Discussed during Public Comment
LIGHTHOUSE AT PARK – INSTALL LIGHT TO LIGHT THE FLAG
TOWN BOARD
3/13/14 (Pg. 6)
Mr. Sena said he had spoken to Kim Cole of Vidal Electric recently and he said he had run out of time last year as work on the ferry lights had been problematic. He said Mr. Cole said he would get it done in the spring. Mr. Cole said the cost for the work would be approximately $1,500.00 for all three (ferry lights and flag light). He will use an LED light and will put it on the pavilion.
Mr. Stow asked Mr. Sena to have Mr. Cole submit separate bills for the ferry lights and the flag light.
FOIL REQUEST LEGAL ASSISTANCE OF WNY – Code Enforcement inspections; violations; condemnations; reports from 1/1/2015 – 12/31/2016
Mr. Lawson said he does not have anything completed for that yet. He said Mrs. Thomas has corresponded with them and advised that we will have something for them by 3/24/17. Mr. Lawson said he is not required to create any new record for them.
Mrs. Thomas said they are asking a number of questions: violations filed by residents or tenants; inspections for tenancy rental; require landlords to have inspection prior to renting, etc. She said it almost appears that they are on a fishing expedition.
TOWN OF NORTH HARMONY CENTENNIAL COMMITTEE FORMATION
Mr. Stow said we need to start thinking about developing a committee for North Harmony’s 100 Year Anniversary in 2019.
- UPDATE – RESOLUTION AUTHORIZING THE ADOPTION OF THE CHAUTAUQUA COUNTY MULTI-JURISDICTIONAL ALL-HAZARD MITIGATION PLAN
Mrs. Thomas said the Mitigation Plan had been last approved in 2007 and North Harmony had participated in the planning process. She said the 2016 update needs to be adopted in order to reduce people and property’s long term risks from hazards.
Mr. Chagnon said he is not extremely familiar with it, but the concept is that FEMA requires us to have a cooperative plan for hazard mitigation (i.e. flooding in Cattaraugus Creek), and Emergency Services Dept. is charged with preparing a plan with the local municipalities to mitigate those types of events. We are also required to update it every 5 years.
Mrs. Thomas said the entire plan is on the Chautauqua County Emergency Services website.
TOWN BOARD
3/13/2017 (Pg. 7)
RESOLUTION __# 35 OF 2017
A RESOLUTION OF THE Governing Body OF THE Town of North Harmony
AUTHORIZING THE ADOPTION OF THE CHAUTAUQUA COUNTY MULTI-JURISDICTIONAL ALL-HAZARD MITIGATION PLAN
Town of North Harmony
NEW YORK
WHEREAS the Town of North Harmony recognizes the threat that natural hazards pose to people and property within The Town of North Harmony; and
WHEREAS the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and
WHEREAS the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan identifies goals and actions to reduce or eliminate long term risk to people and property in the Town of North Harmony from the impacts of future hazards and disasters; and
WHEREAS, the Town of North Harmony has reviewed the Plan and affirms the Plan will be updated no less than every five (5) years; and
WHEREAS adoption by the Town of North Harmony demonstrates their commitment to hazard mitigation and achieving the goals outlined in the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan.
NOW THEREFORE, BE IT RESOLVED by the Town Board that the Town of North Harmony adopts the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan as this jurisdictions Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan.
ADOPTED this 13TH __day of March, 2017, at the regular meeting of the North Harmony Town Board following a motion made by Council Louise Ortman and seconded by Council Richard Sena, and carried with the following Roll-Call vote:
Council Frank Stow YES Council Richard Sena YES
Council Duncan McNeill ABSENT Council Louise Ortman YES
Supervisor Sally P. Carlson ABSENT
State of New York )
County of Chautauqua ) SS:
I, Nancy M. Thomas, Clerk of the Town of North Harmony in the County of Chautauqua, State of New York, do hereby certify that I have compared the preceding Resolution with the original thereof passed by the Town of North Harmony, and filed in my office on __3/13/2017_ and the same is a true and correct copy of said original and of the whole thereof so far as the same relates to the subject matter as referred to therein.
Date: __3/13/2017______ _____________________________________ (seal) Nancy M. Thomas, Town Clerk
TOWN BOARD
3/13/2017 (Pg. 8)
- ANDREW POST, M.E.O. – $1/HR RAISE DUE 4/1/2017
MOTION # 36 OF 2017
- SENA MOTIONED TO AWARD A $1/HR RAISE ($21/HR & $31.50/OT) TO ANDREW POST, M.E.O., EFFECTIVE 4/1/2017, BASED ON THE RECOMMENDATION OF HIGHWAY SUPERINTENDENT STRICKLAND. MRS. ORTMAN SECONDED. YES (3): SENA, ORTMAN, STOW. NO (0). THE MOTION WAS CARRIED.
TOWN HALL MEETING CONGRESSMAN TOM REED
Mr. Sena said he had attended the Town Hall Meeting for Congressman Reed at the North Harmony Sr. Citizens on 2/18/17. He said there were number of editorials in the news on this. He said he was there trying to calm down the crowd and to let Mr. Reed speak. He said it was the worst experience that he had ever had in his life of human behavior. He said there was screaming and shouting and no one was able to ask any questions about local issues. He said it appeared that most of those attending were from Allegheny County and it was not anything approaching “democracy in action”. He said our town had a beautiful opportunity to speak to a sitting congressman about local issues and it turned into a shouting match. He said he was extremely impressed with the way Congressman Reed kept his cool and responded.
It was discussed that the interruption was planned based on conversations overheard by those present.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the February, 2017 Legislature meeting:
- We made numerous adjustments to the 2016 Budget required to close the books. Most of the adjustments resulted from higher personnel costs due to the CSEA contract settlement occurring after the Budget was adopted, generally offset by lower employee benefits due to the health insurance negotiated rates being better than projected in the Budget.
- Only two departments required funds from beyond their departments to balance their Budgets: Assigned Counsel and the Sheriff. We remain hopeful that the State will step up to their responsibility for indigent legal services, even after the Governor vetoed the bill that would have solved our budget problem. One of my New Year resolutions was to monitor the performance of the Sheriff Department budget every month at the detail level. There are a lot of moving parts to the Sheriff 2017 Budget, including a Budget Local Share increase of $1,084K; the projected $201K savings from implementation of the 553 retirement plan; the amortization of the retirement plan buy-in cost of $274K; and now the admonition we received last month that the overtime budget is extremely lean and probably too low.
- Amended the Department of Health & Human Services 2016 Budget for increased juvenile secure detention costs by $75,000, after an invoice was received for services provided in 2013 for $119,000. We have no contract with Erie County for these services, and the invoice reflects a 15% increase in rate to $840 per day. I am now leading an investigation into juvenile secure detention.
- Proclaimed March 20th – 24th Agricultural Literacy Week in Chautauqua County.
- Proclaimed March Women’s History Month.
TOWN BOARD
3/13/2017 (Pg. 9)
KEVIN OKERLUND, ASSESSOR
Mr. Okerlund’s report indicated that seniors who failed to submit their Enhanced STAR applications by the deadline due to a) the death of an immediate family member, or b) serious illness or hospitalization that can be documented by a physician; can submit them to the assessor up until Grievance Day. He said upstate legislators have begun the process to discontinue the STAR credit check program due to the problems it is causing NYS. Property inspections and field work are ongoing to meet the 5/1/17 tentative roll filing.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland was not present due to a previous commitment.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the Court Report for those present:
$37,231.00 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 February, 2017. We opened 147 new cases and closed 251 cases.
Of the $37,231.00 collected by the Court in February, 2017, the Town retained $12,242.00.
Of the $41,806.00 collected by the Court in January, 2017, the town retained $16,759.00.
Mr. Peacock noted that at the magistrates meeting it was discussed that cars passing stopped school buses has become a real problem. He said the fine is the same as for talking on a cell phone and the magistrates discussed requesting the state magistrates to stiffen the penalty.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his written report for those present. There was discussion of energy codes as they relate to private and public applications.
FIRE COMMISSIONER
Mr. Lawson said the Department has a number of new young recruits and they have been doing a lot of training.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had received a Legal Notice of Hearing for the Zoning Board of Appeals of the Town of Busti regarding and area variance for an addition at property located at 38 Loomis Bay, which borders the town of North Harmony. She said she had nothing further to add to her written report.
- MOTION # 37 OF 2017
- SENA MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MRS. ORTMAN SECONDED. YES (3): STOW, SENA, ORTMAN. NO (0). THE MOTION WAS CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)
MOTION # 38 OF 2017
- SENA MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MRS. ORTMAN SECONDED. YES (3): STOW, SENA, ORTMAN. NO (0). THE MOTION WAS CARRIED.
TOWN BOARD
3/13/2017 (Pg. 10)
MOTION # 39 OF 2017
MRS. ORTMAN MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $78,542.53. MR. SENA SECONDED. YES (3): STOW, SENA, ORTMAN. NO (0). THE MOTION WAS CARRIED.
MOTION # 40 OF 2017
MRS. ORTMAN MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $45,681.93. MR, SENA SECONDED. YES (3): STOW, SENA, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- MOTION # 41 OF 2017
ON A MOTION MADE BY MR. SENA, SECONDED BY MRS. ORTMAN, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:15 PM.
Nancy Thomas
Town Clerk
