Town Board 5/8/2017

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY May 8, 2017, 7:00 PM

 

SALLY P. CARLSON, SUPERVISOR                                                                             PRESENT

FRANK STOW, COUNCILMAN                                                                                     PRESENT

DICK SENA, COUNCILMAN                                                                                          ABSENT

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; Lynn Smith; Clayton & Helen Emick; Barb Peacock; Karen Rine; Louis Rieg; Nancy Thomas, Town Clerk

 

• PLEDGE
• MOMENT OF SILENCE OBSERVED FOR ALBERT BROWN – FORMER COUNCILMAN

 

• MINUTES: 4/10/2017

 

• MOTION # 53 OF 2017

1. MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 4/10/2017 TOWN BOARD MEETING AS PRESENTED BY THE CLERK. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN AND CARLSON. NO (0).  THE MOTION WAS CARRIED.

 

• ANNOUNCEMENTS:
• MEMORIAL DAY SERVICE AT VETERAN’S PARK ASHVILLE – SUNDAY 5/28/17, 2:00 PM

 PUBLIC COMMENT:

 CORRESPONDENCE:

The following correspondence has been received by the Town of North Harmony and is available for review at the offices:

 

1. SENATOR CATHY YOUNG – CHIPS $139,288.49; WINTER RECOVERY $26,348.14; PAVE NY $31,793.98 – TOTAL $197,430.61

 

2. CHARTER COMMUNICATIONS (SPECTRUM) – FRANCHISE FEES – $1,834.59 @ 3%;

$3,179.30 @ 5%; TOTAL $5,013.89

 

3. CHAUTAUQUA CO. FINANCE DEPT. – 2 FORCLOSED PROPERTIES – Darin Yohe, Heartland Homes

 

4. ASSESSOR – MARCH PROPERTY TRANSFERS

 

5. PIERRE CHAGNON – April, 2017 copies of letter concerning Ball Creek – Sen. Cathy Young, 2016; Darrell Kaminski, Regional Director, NYS DOT

            Mr. Chagnon said this relates to the erosion where Ball Creek flows into the lake by the I-86 bridge pier.  He said last fall prisoners from the jail had helped clean up the area and Senator Young had contacted the DOT about grant funding to remediate the situation.  He said they continue to seek dialog with Francis Cirillo, NYSDOT Regional Director and grant funding action on the issue.

 

6. VILLAGE OF FALCONER – LETTER OF THANKS TO FIRE DEPT.

 

7. BENETECH – WORKFORCE SOLUTIONS

 

8. LINDA GOGNIAT – Helicopter at 4920 Ashville Bay (invitation for board to come and sit on

            her deck as helicopter lands and takes off within 30’ of deck)

            Mr. Lawson said he had sent a violation letter to the land owner of the helicopter and thought he understood that it was not acceptable.  He said evidently the helicopter had landed again weekend before last.  Mr. Lawson said he would investigate further and hopefully curtail the action.

            Mr. Stow asked how the FAA felt about this.

            Mr. Lawson said the FAA has pretty much stated it is a local jurisdiction matter.

 

9. CHAUTAUQUA LAKE PARTERNERSHIP (CLP) – Presentation – 60 acres 2 mile clean-up of shoreline

            Mrs. Emick asked what the towns’ position on the CLP spraying of Aquathol K on the lake is.

            Mrs. Carlson said that the Town has no position on the issue.

 

10. CLA – Response to CLP

 

11. JAY KUNTZ – Letter objecting to spraying of Aquathol K in Bemus Bay and Doug Conroe’s response

 

12. ASSOCIATION OF TOWNS – COUNTY WIDE SHARED SERVICE TAX SAVING PLAN –

            GOV. CUOMO

            Mr. Stow stated that he believes North Harmony is doing everything they can to comply with shared services.

 

13. CHAUT. CO. DEPT. OF INSURANCE – WORKMAN’S COMP EXIT LIABILITY $158,886

 

14. CHAUT. CO. REGIONAL SOLUTIONS – STUDIES ON SHARED SERVICES

 

15. NYS LIQUOR AUTHORITY – Notification of 30 days to town to comment on issuance of beer/wine license to Reverie Creamery

            Mrs. Thomas said she received the notification on 4/13/2017 and asked the board if they wished to comment.  The board stated they had no objection to the plans set forth in the application.

 

16. CHAUTAUQUA LAKE SNOWMOBILE CLUB – Invite to Landowners Appreciation Party

 

17. LAKE ERIE WATERSHED PROTECTION ALLIANCE (LEWPA) – Letter regarding large scale ground mounted commercial solar electric generating facilities

 

18. NYS – DOT – Letter dated 4/21/17 regarding Illegal Signs on State Highways

            Mrs. Thomas said the letter indicated that the sign the town placed at the triangle near BOCES is illegal.  It also indicated that the signs for Timber Creek Golf and Chautauqua Lake Auction Center are also illegal.  There was discussion that Timber Creek Golf is not even located in North Harmony and Chautauqua Lake Auction is gone. 

            Mr. Lawson said he would look into the issue.

 

19. CHAUTAUQUA CO. FINANCE – SALES TAX RECEIVED $132,422.75

 

20. LAWSON CENTER – Invite to attend 5 year Anniversary Friday, 6/9/17 5:30-8:30 PM

 

21. CLA – ANNUAL MEETING AND DINNER – Athenaeum Hotel, 6/5/17

 

22. CORNELL LOCAL ROADS PROGRAM – Nuggets & Nibbles Newsletter

 

23. BENETEC – Info on Audits; payroll; benefits

 

24. CHAUTAUQUA LAKE PARTNERSHIP (CLP) – Invitation to Rally at Bemus Pt. Casino             Saturday, 5/27/17, 9 – 11:00 AM, Breakfast will be served

            

• OLD BUSINESS

 

• BUILDING:
• HOLT APPRAISAL COMMUNITY BUILDING – $62,000 for all three lots & building

            Mrs. Carlson said the assessed value on the tax roll for all three lots is $134,900.00

• HARRINGTON – Study of building need $6,500.00

            Mrs. Carlson said the town has received a proposal for services from Harrington Architecture to conduct a study of proposed expansion/new space on the Town Community Building. 

            Mr. McNeill said he felt we definitely need to have this study done.

            Mrs. Ortman said the information gathered would be helpful as we need all the information we can get to make an informed decision.

 

• MOTION # 54 OF 2017

MRS. ORTMAN MOTIONED TO ENTER INTO A CONTRACT WITH HARRINGTON ARCHITECTURE TO PERFORM A STUDY OF PROPOSED EXPANSION/NEW SPACE FOR THE TOWN OFFICE BUILDING AT A COST NOT TO EXCEED $6,500.00.  MR. STOW SECONDED.  YES (4): STOW, MCNEILL, ORTMAN AND CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

• COMMUNITY BUILDING RADON TEST RESULTS – 0.7 +/- 0.4 pCi/L (long range health risk – lung cancer)

            There was discussion on the issue.  It was noted that 2/3^rd’s  of the homes in the U.S. have radon issues.  It was also noted that there are steps that can be taken to remediate the problem.  It was suggested that an additional test be performed in the winter months for comparison. The test results stated that the EPA action level for indoor radon is 4.0 pCi/L, and there is little short-term risk with test results in this range (.06 to 1.9 pCi/L).  It also noted that radon levels can fluctuate daily and seasonally.

• BOCES/SUNRISE COVE BAN – Renewed 5/12/17 for 2018 at interest rate of 3.84% – due 5/11/18

 

• NEW BUSINESS:

 

• AMEND HIGHWAY BUDGET

            Mrs. Carlson said the board needs to amend the 2017 budget to include CHIPS revenue received as outlined in Correspondence, Item #1. 

 

• MOTION # 55 OF 2017

935. MCNEILL MOTIONED TO AMEND THE 2017 BUDGET IN THE AMOUNT OF $70,935.40 IN REVENUES FROM CHIPS FUNDING TO HIGHWAY FUND ACCOUNT DA5112.4. MR. STOW SECONDED. YES (4): STOW, MCNEILL, ORTMAN AND CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

• CO. REGIONAL SOLUTIONS – Study on Court consolidation with Harmony – Resolution from both boards required

            Mrs. Carlson suggested that North Harmony pass a resolution to perform a study on consolidation of the North Harmony and Harmony court systems.  She said both towns would have to pass the resolution to get the process started.

            Mr. Peacock said the merger would not be a burden to the North Harmony Court as Harmony does not have a lot of cases.  He said both Mrs. Stow and Mrs. Zimmer indicated they would have no problem with the additional case load.  He said he did not know what the status of the Justices would be in the instance of a merger.

            Mr. Stapleton asked what the electoral process for Justices would be in case of consolidation.

            Mr. Chagnon indicated that Chautauqua County is in competition with 6 other counties for grant funding in the amount of $20,000,000 for shared services/consolidation through the Governor’s office and a court merger would fall into that category.

            Mrs. Ortman read the resolution into the record.  She and Mr. Peacock agreed the study would be a good idea.

            Mr. Stow said he feels we should not get involved as we do very well with our current court system.

• RESOLUTION # 56 OF 2017

The Town Board of North Harmony, NY hereby resolves:

As we are committed to effective government; high quality public service to our residents at the lowest possible tax cost to our taxpayers; we applaud the efforts of County Executive Vince Horrigan and the Chautauqua County Legislature to promote service sharing among Chautauqua County’s local governments, including functional and corporate merger.

We also recognize that the financial and technical support offered to local governments by Governor Andrew Cuomo and the NYS Legislature has provided our community with a unique opportunity to explore ways to permanently reduce the tax burden of our residents through collaboration and structural reform.

We resolve, with the assistance provided by NYS and Chautauqua County:

• To continue our already-begun study of a merged municipal court facility with the Town of Harmony, and
• To continue our already-begun study of a consolidated municipal court with the Town of Harmony, and
• To pursue all results of these studies that are consistent with effective service delivery to our residents.

            

ADOPTED this  8th_day of May, 2017, at the regular meeting of the North Harmony Town Board following a motion made by Council Louise Ortman and seconded by Council  Duncan McNeill, and carried with the following Roll-Call vote:

 Council           Frank Stow                NO                  Council           Richard Sena             ABSENT

Council           Duncan McNeill        YES                Council           Louise Ortman          YES

Supervisor      Sally P. Carlson         YES

 

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 __5/8/2017_ 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: __5/8/2017______                                                                                                                                                        _____________________________________                               (seal)                                                      Nancy M. Thomas, Town Clerk                     

      

• SALE OF TOWN PROPERTY – TIM RICE; MARK SKALAK AT LONGVIEW

            Mrs. Carlson asked Mr. Stapleton if he would assist Mr. Rice’s attorney in filing the paperwork to convey the property that the town was selling to Mr. Rice.

            Mr. Stapleton agreed to assist.

            Mrs. Carlson said Mr. Skalak had spoken to her about purchasing a small piece of property he believes belongs to the town near the Handkammer property on Chautauqua Ave.

            There was discussion and it was determined that further information on the location was needed.

• REPORTS:

 PIERRE CHAGNON, LEGISLATOR

            Mr. Chagnon said the following occurred at the April, 2017 Legislature meeting:

• We held a public hearing regarding applying Community Development Block Grant funds to Castelli America’s planned expansion of operations at their facility in Ashville. Economic Development projects are eligible for CDBG funding if they create jobs, and at least 51% of those new jobs are able to be filled by low and moderate income individuals. That is to say that over half of the jobs do not require special training or certification, and on the-job training is provided.
• We adopted a local law authorizing County assistance to municipalities for consolidation or dissolution.
• We adopted a local law removing the managerial benefits of longevity, vacation carryover, and vacation sell-back from the County Executive, County Clerk, Sheriff, and District Attorney effective with the next new terms of office. No County elected positions will henceforth be eligible for these benefits, in place since 1983, which are inappropriate for elected positions.
• We passed a resolution 15 to 4 authorizing temporary lease of vacant Roberts Road property to BNSF Logistics for the short-term storage of wind turbine elements, subject to their receiving a construction contract award. The rent agreement was $15,000 per month for 4 months. Unfortunately, due allegedly to unfavorable publicity surrounding discussions of this proposed resolution, BNSF Logistics did not receive the contract. The wind turbine elements will now be stored in Buffalo.

 DAN STRICKLAND, HIGHWAY SUPERINTENDENT

            Mr. Strickland said the highway department has been ditching and shaving road shoulders in preparation for summer.  He said they have been measuring roads for blacktop and performing other maintenance.

HOWARD PEACOCK, JUSTICE

            Mr. Peacock read the following report for April, 2017 into the record.

$37,118.00  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 April, 2017.  We opened 220 new cases and closed 240 cases.

Of the $51,310.50 collected by the Court in March, the Town retained $18,838.50.

            Mr. Peacock said he had contacted the NYS Court System about the grant funding that the town had received for the court and explained our current situation on the addition/new building.  He said they had advised that they do not want the grant funds already spent returned.  He said they indicated that if the funds were already spent, and the town decides to construct a new building the town will have to amend the grant and ask for a reallocation of funds.  He stated they indicated there is no 100% guarantee that the amendment will be accepted.

BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)

            Mr. Lawson reviewed his report for those present.

NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)

            Mrs. Thomas said she had nothing further to add to her written report.

• MOTION # 57 OF 2017

1. STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED.  MRS. ORTMAN SECONDED.  YES (4): STOW, MCNEILL, ORTMAN AND CARLSON. NO (0). THE MOTION WAS CARRIED.

 SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)

 MOTION # 58 OF 2017

1. STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED.  MR. MCNEILL SECONDED. YES (4): STOW, MCNEILL, ORTMAN AND CARLSON. NO (0).  THE MOTION WAS CARRIED.

 MOTION # 59 OF 2017

773. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $22,773.00.  MRS. ORTMAN SECONDED.  YES (4): STOW, MCNEILL, ORTMAN AND CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 MOTION # 60 OF 2017 

MRS. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $42,177.00.  MRS. ORTMAN SECONDED.  YES (4): STOW, MCNEILL, ORTMAN AND CARLSON.  NO (0).  THE MOTION WAS CARRIED.

• MOTION # 61 OF 2017

ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MRS. ORTMAN, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:00 PM.

  Nancy Thomas

Town Clerk