TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY AUGUST 14, 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.; Robin Miller, Bookkeeper; Dan Strickland, Highway Sup’t.; Clayton & Helen Emick; Lynn Smith; Don Harrington, Architect; Howard Peacock, Justice; Louis Rieg; Nancy Thomas, Town Clerk
- PLEDGE
- MINUTES: 7/10/2017
- MOTION # 85 OF 2017
- MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 7/10/17, TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- PUBLIC COMMENT:
Mr. Emick commented on expenses/revenues for the Justice Court in relation to the cost of a new/renovated court building/addition. He also commented on budget preparation and asked about possible mergers with other court systems. Mrs. Emick asked about repair of the hole at the corner of Rt. 394 and Stow Ferry Rd.
Mr. Strickland said he would talk to the state about it.
- JIM GIBBONS, CONNELLY PARK
Mr. Gibbons said he has owned property here for 26 years. He said his house abuts Elm Ave. and the foot of Winona Ave. south of Highland. He said things have changed since he worked with Dave Lloyd in 2005 to help install an engineered bio-swale system to help slow the runoff of stormwater. He said there has been a lot of development upland and the amount of runoff has increased over time. He suggested turning the area next to his house into an improved habitat and improved stormwater abatement system. He asked if the town might be interested and said if so, he would come back and provide some plans.
Mrs. Carlson said this is a town ROW down to the lake. She said there may be grant funds available for such a project.
Mr. Strickland told Mr. Gibbons not to draw anything up yet. He provided him with Dave Spann’s, Soil & Water phone number and said he would be the person to discuss this with prior to any action as he would be the one to apply for any grant funding.
- CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- NYS – ORPS – EQUALIZATION RATE 99.50% FOR 2017 ASSESSMENT ROLL
- CHAUTAUQUA CO. REAL PROPERTY – Jim Caflisch – County Legislature proposing increase in Senior Income Exemption from $20,000 to $22,000 (we are currently at $19,000)
- Mrs. Carlson said she would check with the Assessor to see how many people in the town this may affect.
- DAVE GROTH / DOUG CONROE – WEED CUTTING ON LAKE
Mrs. Carlson said Mr. Groth had contacted CLA about the weeds on the lake and subsequently CLA cleaned the weeds around his home. There was discussion of the demonstration project in Bemus Bay.
- ASSESSOR – JUNE PROPERTY TRANSFERS
- CASAC (Chautauqua Alcohol & Substance Abuse Council) – Overdose prevention “Friends Take Care of Friends” – know the signs of overdose
- LUCA – CENSUS 2020
Mrs. Thomas said she has done all of the filing in order for the town to participate in the Census.
- CHAUTAUQUA CO. FINANCE – SALES TAX $149,083.18 (Hwy. $138,475.72) (Gen. $10,607.46)
- ASSOCIATION OF TOWNS – DUES 2018 $899.00
- ZONING BOARD OF APPEALS MINUTES 07/26/17
- OLD BUSINESS
- COURT ADDITION / TOWN BUILDING – Harrington Architecture (Copy of presentation in Minute Book)
Mr. Harrington gave a power point presentation of the Town Hall and Court Building Study. Plans provided gave an Option 1 – New Building; and Option 2 – Building Addition/Renovation. He also provided a Concept Estimate from BAER & Associates, LLC, for both options. The estimated cost for a new building is $1,735,000 (@ 5% for 30 years = $9,134/Mo.); estimated cost for addition/renovation is $1,187,000 (@5% for 15 years = $9,387/Mo.). There was discussion of breaking down the cost of the addition and renovation. Mrs. Emick asked questions about the number of parking spaces needed and the size of the court room. There was discussion of the size of the court room based on an average of 50 people at calendar call.
Mr. Sena asked about the possibility of sharing space in a new building with other entities (i.e. Post Office).
Mrs. Carlson said that might be a possibility. She said she had also contacted Senator Young’s office about the possibility of funding through her office. She said she would be sending the figures to her for this.
- LIGHTHOUSE RECONSTRUCTION
Mrs. Carlson asked Mr. Strickland if he had been able to discuss the project with BOCES.
Mr. Strickland said not yet. He said school will be starting soon and he hopes to discuss it with them then.
Mrs. Carlson said she would like to get cost estimates for the upcoming budget.
- PARTIAL PAYMENT OF TAXES
Mrs. Carlson asked if the board would be interested in partial payment of taxes. She said personally she is not in favor as she does not believe there is enough information on this
Mrs. Thomas said that she does not believe it will be a concern this year, because the towns and county tax programs are not set up for that at this time. She said there had been a meeting between collectors and the County on 7/19/17 to discuss this. There was another meeting this evening between the County and the Administrative Services Committee about this issue and Mr. Chagnon had attended. She said the county has indicated that an upgrade to their tax collection system to accept partial payments from the towns would cost approximately $72,000.00 and they are indicating that the towns would have to help defray the cost of this. Mrs. Thomas indicated that the county does accept partial payment after the rolls are returned and in 2016 there were only 1,990 partial payments received at the county level. She said towns do have the option to either participate or not in partial payments.
Mr. Chagnon clarified that this is State Law change that caught everyone unprepared to deal with it. He said this law allowed only 3 months to make these changes. He agreed that maybe this should be put off for a year and see if there is a way to do it cost effectively and meet everyone’s needs. He said maybe this will require a new system at the county.
- MOTION # 86 OF 2017
- SENA MOTIONED TO ACCEPT PARTIAL PAYMENT OF TAXES BY THE TOWN OF NORTH HARMONY COLLECTOR. MR. MCNEILL SECONDED.
MCNEILL – NO CARLSON – NO
ORTMAN – NO STOW – YES
SENA – NO
THE MOTION WAS DENIED.
- PARK USE FOR WEDDINGS / SPECIAL EVENTS
Mrs. Carlson asked if there were any regulations the board wished to set when someone wants to use a town park for a special event.
Mr. Stow said if someone uses a park they should remove all of their waste after the event. He said the trash tote that is at the park cannot handle the amount of trash generated during such an event.
Mrs. Ortman said the entire park should be cleaned up after use.
There was discussion of limiting numbers at Lighthouse Park because of the limited parking. There was discussion of liability insurance (users providing certificate naming town as co-insured). It was also noted that the town does not charge for the use of parks. There was discussion of charging a security deposit.
Mr. Stow noted that there are several poles on the pavilion at Butts Park that are about to go and in need of immediate repair.
Mrs. Thomas suggested that the Park Committee meet and discuss establishing some basic rules for the use of town parks.
- HYDRANT AT FERRY – (BRAD)
Mr. Lawson said the pipe is gone, but he has no word on when the hydrant will be fixed.
- 394 AT STOW OVERPASS
Mrs. Carlson said she had contacted Senator Young’s office about the condition of Rt. 394 at the overpass area. She said they indicated it is too late in the year to do the work. She said they will do repair work this fall and they will redo the road next year. It was noted that is what we were told last year.
- NEW BUSINESS:
- TRANSFER STATION SUGGESTIONS
- ADVERTISE FOR BIDS
Mr. Stow said he was sure that everyone noticed that things are not good with the employees at the transfer station. He said Mr. Beichner has been doing his best, but suggested that we might want to purchase a compactor. Mr. Stow said he has looked into them and they may help eliminate the need for so many employees. He said he had received one quote on a compactor from Texas of $21,500 for the machinery and a concrete pad 33’ long x 10’ wide with electrical service needed. He said we would need to rent a roll off for about $100.00 a month. He said with the compactor, Mr. Beichner seems to feel we could run the station two days a week. He said there are a lot of these compactors being used locally. He said the recycling station would be operated the same as always. He said another issue is people coming in early and tossing their bagged garbage in with the recyclables (including construction debris). He said he also noted people crawling around in the metal dumpster and this could be a liability. Mr. Stow stated that we really need to fence off the transfer station to prevent this.
There was further general discussion. Mrs. Carlson said we will need to advertise for bids for operation of the transfer station this year and it would be a good idea to advertise for bids for a compactor as well.
Mr. Strickland suggested that the town contact Kelly Rhinehart at the County Landfill and get his opinion on the compactor.
- CHAUTAUQUA ALLIANCE MEMBERSHIP – DUES $2,000.00
- MOTION # 87 OF 2017
- STOW MOTIONED TO AUTHORIZE THE EXPENDITURE OF DUES IN THE AMOUNT OF $2,000.00 FOR MEMBERSHIP IN THE CHAUTAUQUA ALLIANCE. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- NORTH HARMONY SCRAPBOOKS TO HARMONY HISTORICAL
Mrs. Carlson said it was suggested that the town scrapbooks stored in the back room be taken to the Town of Harmony Historical Society so they can be used for reference material. She said they are not used here and it would be a good resource. She said the Historical Society property is located in both Harmony and North Harmony and does cover both towns.
Mrs. Thomas suggested that North Harmony should be included in the name of the Society (i.e. Harmony / North Harmony Historical Society).
- MOTION # 88 OF 2017
- STOW MOTIONED TO AUTHORIZE THE STORAGE OF NORTH HARMONY HISTORICAL SCRAP BOOKS AT THE HARMONY HISTORICAL SOCIETY LOCATION FOR REFERENCE PURPOSES. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- NEWSLETTER – ARTICLES TO MRS. CARLSON NO LATER THAN 9/8/17
- HARRINGTON ARCHITECTURE – ADDITIONAL SERVICES
Mrs. Carlson said Mr. Harrington has submitted an estimate for additional services to prepare 2 sets of design work, including plans; sketches; elevations and details sufficient for a professional cost estimate take off of construction costs.
Mr. Sena asked that it be clarified that this is work that has already been performed and presented this evening.
- MOTION # 89 OF 2017
- MCNEILL MOTIONED TO AUTHORIZE THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $3,000.00 FOR ADDITIONAL SERVICES BY HARRINGTON ARCHITECTURE. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- 2% BED TAX GRANT FUNDING FROM RESERVE FUND AT THE COUNTY
Mrs. Carlson asked Mr. Chagnon if it is possible to apply for $5,000.00 from the 2% reserve to help Sr.’s with removal of weeds on lakefront properties. She said it can be very difficult for Sr.’s to remove the weeds close to the shoreline.
Mr. Chagnon said there are still funds available in the 2% account.
- MOTION # 90 OF 2017
- STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO APPLY FOR A 2% BED TAX GRANT TO ASSIST IN SHORELINE WEED REMOVAL FOR SENIOR CITIZENS RESIDING ON THE LAKESHORE. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson said she had spoken to Nathan Short about doing the job and he had indicated that his fee for that type of work is $35/hr.
There was discussion that the lake has experienced historic low levels in the last 2 years and that will make it even more difficult for Sr.’s to remove the shoreline weeds. There was also discussion of the dam operation.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the July, 2017 Legislature meeting:
- The results of the property tax foreclosure auction were favorable again this year. 202 properties were sold, owing over $1,516K in delinquent taxes, penalties, and interest. Over $1,686K was received.
- A local law was adopted adding prepaid cell phones to the wireless communications surcharge that supports the wireless 911 system. This change was made possible by state legislation, but being local option it required our action to implement.
- $100K was committed to the Chautauqua Lake and Watershed Management Alliance, on a reimbursement basis, to address late season lake conditions that may develop and need action. This funding is specific to addressing Member requests arising during the remainder of calendar year 2017, caused by ever-variable conditions which can create short-term Member needs, whereby a science-based response and its associated funding must be mobilized quickly.
Mrs. Thomas asked what the assessed value of the foreclosure properties was.
Mr. Chagnon said he did not have those figures.
KEVIN OKERLUND, ASSESSOR
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the highway department will finish nova chipping tomorrow (Conelly Park & Hadley Bay). He said they had finished Ashville Bay; Niets Crest; Longview last week. He said they will be doing their own blacktopping in September as it is really hard to get trucks at this time. He said the town has been replacing its front end loader annually and the market is flooded with the one year loaders. He said the program has been cut back to 3 years, so the town will have the one they own for 3 years. He said the 10 wheeler is at Valley Fab getting built and should be delivered in about a month. Mr. Strickland said he would get the total figure on CHIPS to Mrs. Carlson.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report for the month of July, 2017 into the record.
34,904.00 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 July, 2017. We opened 337 new cases and closed 265 cases.
Due to the poor phone and internet connections and reception, our credit card machine was unable to keep up with the automatic updates as required to function properly and became inoperable in July. Therefore, we have been returning all credit and debit payments to the defendants as we received them. We do not know when/if the terminal will be replaced, as the state is rolling out new terminals to the courts in their own time frame. This has definitely reduced our fine payments for July. Hopefully, the defendants will comply and send money orders or cashier’s checks within the allotted time.
Of the $37,947 collected by the Court in June, 2017, the Town retained $16,027.00.
Mr. Peacock asked the board’s approval to attend the Magistrates Convention with Mrs. Peacock.
- MOTION # 91 OF 2017
- STOW MOTIONED TO AUTHORIZE JUDGE PEACOCK AND MRS. PEACOCK ‘S ATTENDANCE AT THE ANNUAL MAGISTRATES CONVENTION AS BUDGETED. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- JOANN MIDDAUGH – PART TIME DEPUTY COURT CLERK $12/HR.
Mrs. Carlson said Mrs. Stow had requested that Mrs. Middaugh who began work on 8/4/17, receive $12/hr. because of her previous experience with NYS-DEC.
Mrs. Ortman asked what she would normally start out at.
Mrs. Carlson said $10/hr.
- MOTION # 92 OF 2017
- STOW MOTIONED TO AUTHORIZE AN HOURLY RATE OF $12.00 FOR PART TIME DEPUTY COURT CLERK, JOANN MIDDAUGH. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his written report for those present.
BRAD LAWSON, AFD COMMISSIONER
Mr. Lawson said they had met with Mrs. Carlson and discussed the sharing of some services (i.e. generator and solar) with the department if a new building for the town is located adjacent to the district building. He said the idea was favorably met. He said they are still discussing how to fund a new truck.
Mrs. Carlson said Mr. Harrington indicated that solar energy would be enough to share with the District which is currently paying approximately $500.00/month for electric.
There was discussion of the new Fly-Car system for EMS services through the county.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 93 OF 2017
- STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)
MOTION # 94 OF 2017
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- 2019 NORTH HARMONY CENTENNIAL MEETING – WED., 8/29/17, 7:00 PM
Mrs. Carlson they are looking for volunteers who might be willing help write a booklet for the event.
- MOTION # 95 OF 2017
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $21,060.62. MRS. ORTMAN SECONDED.
YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 96 OF 2017
MRS. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $100,869.53. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 97 OF 2017
ON A MOTION MADE BY MR. SENA, SECONDED BY MRS. MCNEILL, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 9:00PM.
Nancy Thomas
Town Clerk
