TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY April 10, 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; Pierre Chagnon, Legislator; Brad Lawson, Zoning C.E.O.; Howard Peacock, Justice; Robin Miller, Bookkeeper; Katie Zimmer, Dep. Court Clerk; Dave Munsee; Mike Swanson; Nancy Thomas, Town Clerk
PLEDGE
MINUTES: 3/13/2017
MOTION # 42 OF 2017
- STOW MOTIONED TO ACCEPT THE MINUTES OF THE 3/13/2017 TOWN BOARD MINUTES AS PRESENTED BY THE CLERK WITH THE FOLLOWING CORRECTIONS:
MOTION # 37; 38; 39; AND 40: CHANGE “YES” VOTES TO (3). MR. SENA SECONDED.
YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
ANNOUNCEMENTS:
- LONG POINT – “I LOVE MY PARK” Saturday, May 6, 2017 from 9:00 AM – 1:00 PM
Request for local help for park cleanup
- MAYORS AND SUPERVISORS MEETING 5/18/17, WEBB’S 6:00 – Wade Beltramo, NYCOM will speak
PUBLIC COMMENT:
- DAVE MUNSEE – REQUEST PERMISSION FOR CORN STAND AT TOWN PROPERTY IN ASHVILLE – Mid July to October, 2017
Mr. Munsee provided a copy of his liability insurance certificate to the clerk.
- MOTION # 43 OF 2017
- MCNEILL MOTIONED TO ALLOW DAVE MUNSEE TO HAVE HIS CORN STAND LOCATED ON TOWN PROPERTY AT THE 4 CORNERS IN ASHVILLE FROM MID JULY THROUGH OCTOBER, 2017. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
DICK SENA – ANNUAL SNOWFALL REPORT 2016-17 – 196 ½ INCHES
CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
TOWN BOARD
4/10/17 (Pg. 2)
PATRICK DUFFEY, PRES. SUNRISE COVE HOA – Letter of Thanks for sign replacement
BLAIR SMOULDER – Day lilies planted in box at Veteran’s Park “Our Time to Honor”
Mrs. Carlson said the day lily that Mr. Smoulder had donated to the town will be named and registered as “Our Time to Honor”. She asked Mr. Strickland if he had received her email about filling the ruts at the park.
Mr. Strickland said his email is not working, but he will take care of the ruts.
BRADFORD BROWN, NYS DEC Bureau of Pest Management – Notification of spraying
Of Aquathol K in Bemus Bay
Mr. Sena said there is an article in the Ledger dated 4/6/17 that addresses this and there is a website if anyone has concerns at chautauqualakepartners.com.
Mr. Stow expressed concern over their intended use of a chemical called 2,4-D which will be used along with Aquathol K.
Mrs. Carlson said they have already sent out letters of notification to all shoreline residents.
There was further general discussion.
ASSESSOR – FEBRUARY PROPERTY TRANSFERS
- CHARTER COMMUNICATIONS (Prev. Time Warner) – Additional Franchise Fee payment
Of $9,854.41 received
NYMIR – Request that town sign a Proxy on New Members
MOTION # 44 OF 2017
- STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN A PROXY FOR NYMIR. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
ZBA MINUTES RECEIVED 3/22/2017 – Co-location on Tri-James Tower
CHAUTAUQUA COUNTY VISITORS BUREAU – Annual Dinner 5/8/17
ACCESS CH5 – ANNUAL REPORT
OLD BUSINESS
EMPLOYEE HANDBOOK REVISIONS
- Board Signatures
- Highway Dept. Signatures
Mrs. Carlson said the board members have all signed the handbook and they are asking that the highway employees sign that they have received a copy immediately.
Mrs. Thomas provided handbooks and a signature page to Mr. Strickland for the highway employees.
TOWN BOARD
4/10/17 (Pg. 3)
COURT ADDITION – NEW BUILDING
Mrs. Carlson said Pete Holt came to do an evaluation of the Community Building. She said she has not received anything yet indicating what the commercial value of the building would be. She said he seemed to think it would not have a lot of value.
Mr. Sena said he had done some work on the addition plans. He said he had spoken to two contractors, Bill Laubshauer and Kris Keefe, but more extensively with Mr. Keefe. Mr. Sena said that Mr. Keefe said at a prevailing wage project we would be looking at $300/sq. ft. for an addition/renovation project; a new build would be in the $275/sq. ft. range.
- Rock Hill Plan – 33’4” x 68’ addition = 2,266.64 sq. ft.
Bathrooms 20’x8’ = 160 sq. ft. (old building)
TOTAL SQ. FT. 2,426.64 x $300 = $727,993.20
- Eric Plan #6 – addition = 1,880 sq. ft. x $300 = $564,000.00
Mr. Sena said both the plans above are for the building only and both would need ramps, stairs, and facade work. He said he had gotten prevailing wage figures from Lakeshore Paving for parking lot blacktop and depending on grading and drainage it would be ($3-3.50 sq. ft.) and sidewalks ($5.50-6.50 sq. ft.). He said the new building at 6,840 sq. ft. x $275/sq. ft. = $1,881,000.00. He said that does not include ramps, stairs, blacktop, drainage and well. He said that would probably push the figure to about $2,000,000.00. He said he did a brief cut down version of an addition using the two conceptual drawings. He said he took off about 8’ on the width and 3’ on the length. He said this rough drawing would have the bathrooms in the old building and some of the clerk/meeting rooms as well. He said the reduced plan would be 1,560 sq. ft. (using 160 sq. ft. in the old building for bathrooms) for a total of 1,720 sq. ft. x $300 = $516,000.00. He said the addition would still be sizable with a 26’ x 30’ courtroom. He said the project could probably be started and finished pretty quickly.
Mr. Sena said Mr. Keefe had indicated that the cost for drawings would be around $10,000.00. Mr. Laubschauer said for a commercial building they usually charge between 5% and 6% of the cost of the project and project management is included in that cost. Mr. Sena said he felt we didn’t need project management and he would volunteer his time and perhaps Mr. Lawson as C.E.O. could help.
Mr. Lawson said a concern with the project management portion, depending on the contract structure, is if there are any R-5 Request for Information either before or after, that might fall under the project management portion.
There was discussion that usually architects do not hang around a job site to do any management on projects.
Mr. Sena said he feels we could have a more simplified drawing done if we went back to Rock Hill and Ms. Bryerly.
Mr. Lawson said you will still have to have the electrical, HVC, plumbing, etc. spelled out in the drawings to even bid it out. He said you want things in black and white so you get exactly what you want and pay for.
Mr. Sena said Mr. Keefe told him it should not exceed $25,000 on the Rock Hill Plan and $20,000 on the “Eric” plan. He said if you do the new build it will be around 5% or $94,000. Mr. Sena said this is all information to think about and discuss further.
Mrs. Ortman thanked him for the time he has spent on the project.
Mrs. Carlson said when she compared the drawings from Eric and Rock Hill; they were both the same size.
Mr. Sena said they were 2,400 vs. 1,800.
TOWN BOARD
4/10/17 (Pg. 4)
- NEW BUSINESS:
TRANSFER $10,000 FROM GENERAL FUND TO HIGHWAY CAPITAL FUND
Mrs. Carlson said the reason for this transfer is that in the budget there were no additional highway unexpended balance funds available even though the highway budget was not exceeded. She said we can transfer from General Fund to the Highway Fund.
- MOTION # 45 OF 2017
- MCNEILL MOTIONED TO TRANSFER $10,000.00 FROM THE GENERAL FUND UNEXPENDED BALANCE TO THE HIGHWAY CAPITAL FUND. MRS. ORTMAN SECONDED.
Discussion:
Mr. Sena asked for more detail. Mrs. Carlson said when the budget is done there are usually funds that are not used and they are considered unexpended balance. She said she had anticipated more funds in that balance than what was actually left. She said because of this she had put an additional $10,000 in as unexpended balance to be used and now there is a shortfall. She explained that you cannot transfer funds from Highway Fund to General Fund, so she has tried to make sure that more of the funds stay in the General Fund than the Highway, so that we can transfer if we need to.
YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
BAN RENEWAL – BOCES SUNRISE COVE WATER DISTRICT
MOTION # 46 OF 2017
- STOW MOTIONED TO MAKE PAYMENT TO M&T BANK ON THE BOCES/SUNRISE COVE WATER DISTRICT BAN DUE ON 5/12/2017 AS FOLLOWS:
Current Balance: $64,278.18
Principal Payment: $13,800.00
Interest Payment: $ 2,224.26
TOTAL BAN PAYMENT: $16,024.26
BAN RENEWAL MAY, 2018: $50,478.18
FURTHER, THE SUPERVISOR IS AUTHORIZED TO EXECUTE DOCUMENTS RENEWING THE BAN IN THE AMOUNT OF $50,478.18, WITH M&T BANK AT AN INTEREST RATE IN LINE WITH PREVIOUS RATES. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
DAVE MUNSEE – CORN STAND AT FOUR CORNERS ASHVILLE
Previously discussed under Public Comment
MOWING BIDS – CONTRACT AWARD
Mrs. Carlson said the town has received two bids for the mowing of town properties. She said the mowing amounts are identical at $290.00, with the only difference being in the general cleanup: AJH Services $10/hr and Lawns”n”More at $15/hr.
Mrs. Ortman asked if we had received any references.
TOWN BOARD
4/10/17 (Pg. 5)
Mrs. Carlson said no we had not requested them. She said we are familiar with Lawns”n”More work and they have done a good job. She said perhaps in future we should request references.
Mr. McNeill said we do not have time to wait because the mowing season begins very soon.
- MOTION # 47 OF 2017
- STOW MOTIONED TO AWARD THE MOWING BID TO NATHAN SHORT OF LAWNS “N”MORE AS OUTLINED IN THE BID DOCUMENT. MR. MCNEILL SECONDED.
Discussion:
Mr. Sena requested that grass be mown away from the lighthouse and Veterans Park Memorial and no mowing be done on Butts Park, Veterans Park, etc. when the ground is wet to prevent ruts.
YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
MIKE SWANSON – CHIEF AFD
Mr. Swanson said membership is up and many members are attending school. He said turnout on calls has been much better as well. He said a couple of their trucks are out of service and they are looking at purchasing a new fire truck in the future. He thanked the Highway Department for keeping things plowed at both department buildings as well as all the tree work they did during the storm. He said there is a burn ban in effect from 3/16/17-5/14/17, and the DEC is issuing a lot of tickets for violations on this.
Mr. Stow thanked the AFD for all the work they do to keep residents safe.
REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the March, 2017 Legislature meeting:
- We appointed Jim Wehrfritz of Bemus Point to the South & Center Chautauqua Lake Sewer Districts Board of Directors.
- We revised a proposed local law authorizing County assistance and incentives to municipalities for consolidation or dissolution, removing reference to incentives. We agreed the County should not be encouraging municipal consolidation or dissolution through incentives, as the decision rests solely with the voters. We will now consider the revised proposal at our April meeting authorizing assistance if the voters approve a consolidation or dissolution.
- We passed a resolution transferring the Jail Health Services from the Sheriff to the Public Health Division of the County Department of Health and Human Services. This is intended to improve the quality of care of inmates, increase adherence to federal and state statutes, generate economies, and will help ensure that all statutory requirements and compliance with all relevant oversight authorities are met.
- We passed a motion in support of the continuation of federal funding for the Great Lakes Restoration Initiative by the Environmental Protection Agency.
- We passed a motion In support of federal legislation that would prevent New York State from sharing its Medicaid costs with local governments, as Medicaid costs constitute an unfunded mandate from the New York State government that consumes 50% of the county tax levy.
Mr. Stow asked if there was any funding in the Governor’s budget for sewer on Chautauqua Lake.
Mr. Chagnon said the Governor has 2 ½ billion dollars in the budget over 5 years for water and waste water infrastructure. He said none of that is earmarked for Chautauqua County, but he and Mr.
TOWN BOARD
4/10/17 (Pg. 6)
Horrigan are going to Albany on 5/2/17, to plead their case. He said they had met with the EPA and Army Corp of Engineers in Washington a few weeks ago and they had some interesting discussion.
KEVIN OKERLUND, ASSESSOR
Mrs. Thomas said Mr. Okerlunds report indicated that the towns’ 2017 tentative equalization rate will be 99.5%. The town is scheduled for a revaluation for the 2018 roll. His report indicates that gas well production values have fallen this year and total gas well assessments have dropped from approximately $2,400,000 in 2012 to $1,150,000 in 2016. The Tentative Roll will be filed on May 1, 2017.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said they have started spring cleanup. He said they will start brooming and will be measuring roads to get an idea of how much oil, stone and blacktop will be needed. He said they will have to spend some funds on gravel for the dirt roads this year.
Mr. Stow asked about the big pine that is down on Butts.
Mr. Strickland said the home owners had not contacted him for any help. He said it needs to be stumped and he will stop by to talk to them.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report for those present.
COURT REPORT FOR MONTH OF MARCH 2017
$51,310.50 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 March, 2017. We opened 189 new cases and closed 332 cases.
There are no additional financial figures available at this time. I will include that information in next month’s report.
Mr. Peacock requested that steps be built to the back door into the court as they are unable to use it as it is.
Mr. Sena said he would take care of it.
BRAD LAWSON, ZONING C.E.O. (Copy in Minute Book)
Mr. Lawson reviewed his report for those present. He said Jeff Swanson, C.E.O. of Lakewood has put together an HVAC Energy Code Class on 4/26/17, at the Rod and Gun Club.
BRAD LAWSON, AFD COMMISSIONER
Mr. Lawson said Chief Swanson has already covered most of what he had planned to say. He said they will be sending two new commissioners to school. He said they are looking at some consolidation of trucks and this is possible because of mutual aid. He said they have been researching electronic PCR’s which will allow patient info to reach the Emergency Room Doctors quicker.
There was lengthy discussion of consolidation of equipment and reporting consolidation of equipment to the County.
Mr. Lawson also thanked the Highway Department for their help this winter with plowing.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said that tax collection was finished as of 4/3/17. She said she was pleased that unpaid were lower than normal at 4.56% unpaid or $$156,190.49. She said she would be returning the roll to the county tomorrow and said a Summary Report of Tax Collection was provided to all board members and the
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4/10/17 (Pg. 7)
County. She said the town has been invited to participate in the LUCA Census 2020 update. She said she and Stephanie had attended a meeting on this and would be working on this ongoing.
- MOTION # 48 OF 2017
- STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)
MOTION # 49 OF 2017
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson said the Veterans Committee had met and discussed the Memorial Day Service. She said meetings for the North Harmony Centennial 2019 will start soon as we do have some volunteers lined up.
MOTION # 50 OF 2017
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $21,600.24. MRS. ORTMAN SECONDED.
YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 51 OF 2017
MRS. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $40,025.00. MR, SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 52 OF 2017
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. MCNEILL, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:15 PM.
Nancy Thomas
Town Clerk
