TOWN BOARD 11/13/2017

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY, NOVEMBER 13, 2017, 7:00 PM

 

SALLY P. CARLSON, SUPERVISOR                                                                             PRESENT

FRANK STOW, COUNCILMAN                                                                                   PRESENT

RICHARD SENA, COUNCILMAN                                                                                PRESENT

DUNCAN MCNEILL, COUNCILMAN                                                                           PRESENT

LOUISE ORTMAN, COUNCILWOMAN                                                                        PRESENT                                                    

 

OTHERS PRESENT:  Dave Stapleton, Attorney; Louis Rieg, Planning; Helen Emick, ZBA; Nancy Thomas, Town Clerk; Howard Peacock, Justice; Brad Lawson, Zoning CEO; Pierre Chagnon, Legislator; Jim Wehrfritz, Karen Rhine, Dale Robbins, Dan Fitzgerald, Tom Erlandson, representing CLP; John Anderson; Robin Miller, Bookkeeper

• PLEDGE
  

• MINUTES  10/2/17; 10/10/17; 10/30/17 :
  

• MOTION # 126 OF 2017

  ORTMAN MOTIONED TO ADOPT THE MINUTES OF THE 10/2/17; 10/10/17; 10/30/17, TOWN BOARD MEETINGS AS PRESENTED BY THE CLERK. MR. STOW SECONDED.  YES (5). STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).   THE MOTION WAS CARRIED.

• ANNOUNCEMENTS:
• AFD AUXILIARY CRAFT BAZAAR – , 11/18/17, 10 AM – 3 PM, AT FIRE HALL

• PUBLIC COMMENT:

• CORRESPONDENCE:

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

1. NYS DOT – Pedestrian Safety Projects
   

2. NYS RETIREMENT – Employer rate dropped from 15.3% to 14.9%
   

3. CHAUTAUQUA CO. DEPT. OF HEALTH POLICY & PROCEDURE – Mandatory Inspection on site wastewater treatment systems within 250’ of Chautauqua Lake
   

4. LETTERS OF SUPPORT FOR SEWER DISTRICT:

• Lynn W. Smith, 3188 Chautauqua Ave.
• Susan Hayden, 3760 Lakeland
• Donna Bickel, 3200 Chautauqua Ave.
  

5. NYS RETIREMENT – EMPLOYER FORUM
   

6. ZONING BOARD MINUTES 10/25/17
   

7. ASSOCIATION OF TOWNS
   

8. CHAUTAUQUA CO. FINANCE – Sales Tax $161,907.18

• Total for 2017 – $582,524.64
• Total for 2016 – $582,274.70

                               (+249.94)

9. LETTERS OF ENDORSEMENT FOR THE CLP RECEIVED FROM:

            Dan & Pat Fitzgerald, Sunrise Cove           MaryEllen & Fritz Tobias, 3686 Lakeland

            Teri Braerton, 3762 Lakeland 

10. NOVA (Health Insurance Agent) – Rates will be raised 9.3%
    

• OLD BUSINESS
  

• CHAUTAUQUA ALLIANCE – $5,000 GRANT FOR NEAR SHORE CLEANUP – 81 applications received

Mrs. Carlson said of the applications received, some were impossible to do and Mr. Short has completed as many as he will be able to this year.  She said hopefully this will be an ongoing thing as everyone appeared to appreciate it. 

• BUTTS PARK – PAVILION RENOVATION – When to begin work?

After discussion it was decided to wait until spring to advertise for bids for the renovation. 

• LIGHTHOUSE RECONSTRUCTION – Lighthouse has been torn down

Mrs. Carlson noted that Mr. Strickland is not at the meeting, but said he has been working on the Lighthouse reconstruction.  She said it has been torn down and taken to BOCES and they are working on the project which may result in some ongoing decisions.

• NATIONAL GRID LIGHT POLE AT CHENEY’S POINT

            Mrs. Carlson said Mrs. Thomas has contacted National Grid and requested that the pole be taken down or turned off.  She said the “NO DOGS ALLOWED” signs have been put up at Veterans Park because of problems with pet owners taking them there to “do their business”.

• NEW BUSINESS:

• BOCES ROAD PUSH – BAN RENEWAL 11/24/17

            Mr. Stapleton reviewed the BAN document for those present.

• MOTION # 127 OF 2017

1. STOW MOTIONED TO AUTHORIZE THE SUPERVISOR TO MAKE PAYMENT TO M&T BANK ON THE BOCES ROAD PUSH BAN DUE 11/24/17 AS FOLLOWS:

BAN amount:             $84,903.03

Principal payment:      $  9,958.85

Interest payment:        $  3,141.15

FURTHER, THE SUPERVISOR WAS AUTHORIZED TO EXECUTE ALL DOCUMENTS TO RENEW THE BAN PRINCIPAL IN THE AMOUNT OF $74,944.18 AT AN INTEREST RATE OF 3.62%.  MR. SENA SECONDED.  YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

• CLP – Request for Resolution SEIS Involved Agency; CLP Funding; Support CLP Efforts

Mr. Robbins introduced the CLP members present.  He said the CLP is asking (1) that the town be involved as a lead agency.  He said that lead agency for the town means that for purposes of being involved in the SEIS, the town will receive information that sometimes the court disseminates publicly; that because the involvement of the herbicide application involves a substantial area of the lake in the town, the town has the right to participate at a higher level.  (2) He said they are also asking the town to be involved financially.  He said the CLP is only asking the town for those 2 things. 

Mr. Stapleton said that the town has received a copy of the EAF Part I – Project and Setting, with the Town of Ellery Town Board as lead agency and a copy of the suggested Resolution naming North Harmony as a SEQRA Involved Agency, with the understanding that the Town of Ellery will assume lead status.

Mr. Wehrfritz provided charts that focus on two of the projects that relate to the resolution they are asking North Harmony to approve.  The first focuses on locations on the lake (mostly in the south basin) that are being surveyed for the SEIS (10 communities) and the other focuses on Community Outreach.  He reiterated much of the information that was discussed at the 10/30/17 meeting.  A copy of the charts submitted by the CLP have been incorporated into the minute book. 

Mr. Robbins said the important aspect of the town acting on this tonight is that the foundation communities meeting will be on Wednesday morning and they feel the towns support will make a huge difference in their ability to get funding. 

Mrs. Carlson asked if Ellery has already assumed Lead Agency Status why do they need North Harmony to say “the town board proposes to apply for a permit from the NYS-DEC to apply herbicides to areas of Chautauqua Lake bordering its jurisdiction…”?  She said the first two paragraphs of the resolution do not make sense as the town will not be applying for any permits.

Mr. Wehrfritz said the herbicide application to the DEC would be with the approval and by the town or village.  He said the town will have a decision to make down the road (Feb. or March) as the SEIS will be completed enough for the Town of North Harmony (TONH) to understand what the situation is in the areas; areas of environmental sensitivities; and what the benefits of herbicide treatment will be in those areas.  He said the CLP will bring that info to the TONH with a recommendation, but it will be the TONH’s decision on whether to submit/sign off on the permit application to apply herbicides.  He said the TONH passing the resolution does not commit the town to any funding beyond the $10,000 amount indicated in the resolution.

Mrs. Carlson said the town’s resolution is for $7,000 because the board feels that the CLP is a relatively new organization and we also provide funding to the CLA ($7,000).  She said next year that may change, but this year that is what we are comfortable with.

            Mr. Robbins and Mr. Wehrfritz thanked the board for their time and support and indicated that if any additional funding becomes available in the budget the CLP would appreciate consideration.

• RESOLUTION/MOTION # 128 OF 2017

TOWN OF NORTH HARMONY

                Be it resolved by the Town Board of the Town of  NORTH HARMONY as follows: The Town Board proposes  to apply for a permit from the New York State Department of Environmental Conservation (“NYSDEC”) to apply herbicides to areas of Chautauqua Lake bordering its jurisdiction and has concluded that the application of herbicides is considered a Type I action under the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, and its implementing regulations (“SEQRA”); and

The Town Board understands that the NYSDEC will require a supplemental environmental impact statement (“SEIS”) pursuant to SEQRA to address the potential environmental impacts of the proposed herbicide treatments, and would like to designate itself as a SEQRA Involved Agency, with the understanding that the Town of Ellery will assume lead status.

The Town of NORTH HARMONY Town Board resolves therefore, with the assistance provided by the Chautauqua Lake Partnership:

• To serve as an Involved Agency in the completion of the SEIS and the SEQRA process;

• To support fully the Town of Ellery in its role as lead agency and in the completion of the SEIS and the SEQRA process;

• To provide $7,000 on or before January 31, 2018 for fees and expenses related to the preparation of the SEIS and to the completion of the SEQRA process; and

• To support the efforts of the Town of Ellery and the Chautauqua Lake Partnership before elected officials, local residents and lake-related organizations.

ADOPTED, this _13th___ day of November, 2017 at a special meeting of the NORTH HARMONY Town Board following a motion made by  Mrs. Ortman_ and seconded by Mr. McNeill, and approved with the following Roll-Call vote:

MCNEILL (YES)   ORTMAN (YES)  CARLSON (YES)

STOW (YES)        SENA (YES)

                                                                                                                                ______________________________________

                                                                                       Nancy M. Thomas, Town Clerk

• HIGHWAY INVENTORY 2017 RECEIVED
  

• TRANSFER STATION BIDS 2018-19

Mrs. Carlson said only one bid had been received for the operation of the Transfer Station and that was from Beichner Waste. 

            Mrs. Thomas said she had contacted two additional companies and sent bid specifications with a request for bids.  She said she had not received any replies.  It was noted that the new bid specs included the stipulation that employees would take their breaks on a rotating basis in order that services are not interrupted. 

• MOTION # 129 OF 2017

500. SENA MOTIONED TO ENTER INTO A CONTRACT WITH BEICHNER WASTE FOR THE OPERATION OF THE TOWN TRANSFER STATION FOR 2018-19 IN THE AMOUNT OF $3,500.00/MONTH, WITH OPTIONAL 2020-21 YEARS (TO BE DETERMINED) IN THE AMOUNT OF $3,800.00. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.
     

            Mr. Sena said Beichner employees said there are still problems with people coming into the station before it is open and leaving their trash piled up.

            Mrs. Carlson said she would mention the plastic chain across the entrance to Mr. Strickland again.  There was general discussion of issues at the station that will be discussed at a later date. 

• NYS-DEC – Transfer Station – Transition requirements for Revised Part 360 Solid Waste Management Facility Regulations

Mrs. Thomas said that Mr. Stow had asked her recently about a copy of the towns permit to operate a transfer station.  She said she had been unable to locate that document and had contacted the DEC who indicated that the town is a registered facility.  She said subsequently, she had received a letter from Beichner’s that they had received from the DEC indicating that all Transfer Stations are subject to Transition requirements for Revised Part 360 Solid Waste Management Facility Regulations.  She said after reviewing the over 100 pages of new laws it appears that the town will have to re-register the Transfer Station before 5/3/18.  She said the law categorizes operations as Exempt, Registered and Permitted.  Based on the information in the law our town should be exempt, but since we have been previously registered, we will need to re-register. 

            Mrs. Carlson asked if there would be a registration fee.

            Mrs. Thomas said fees had not been mentioned. 

• REQUEST FROM AMHERST – Proclamation on Commemoration of 200^th Anniversary
  

• MOTION # 130 OF 2017

MRS. ORTMAN MOTIONED TO SEND A PROCLAMATION TO THE TOWN OF AMHERST IN COMMEMORATION OF THEIR 200^TH ANNIVERSARY.  MR. SENA SECONDED.  YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.  

• APPOINT ROBERTA ANDERSON TO BOARD OF ASSESSMENT REVIEW EFF. 10/1/17 – 9/30/22
  

• MOTION # 131 OF 2017

22. SENA MOTIONED TO APPOINT ROBERTA ANDERSON TO THE BOARD OF ASSESSMENT REVIEW FOR A TERM BEGINNING 10/1/17 – 9/30/22. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.
    

• EMPLOYEE HANDBOOK WORK SESSION – FRIDAY, 12/8/17, 10:00 AM
  

• PLANNING BOARD – LOCAL LAW SOLAR ENERGY REGULATIONS

Mrs. Thomas said she has provided the Town Board members with a copy of the final Local Law document for adoption of the Local Law Enacting Regulations for Solar Energy Systems.

Mrs. Carlson said she would like to review it again before taking action. 

• SUGGESTIONS FOR A TOWN FLAG

Mrs. Carlson said someone had commented to her that the town should have its own flag designed for the Centennial Celebration. She said maybe we should have a contest or something of that nature.  It was discussed that the logo on the town vehicles might be considered.  She asked Mrs. Thomas if she would put something on the website to solicit ideas. 

• ADOPT BUDGET (if not adopted 11/8/17)
  

• REPORTS:
  

PIERRE CHAGNON, LEGISLATOR

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

• We approved an agreement for interim Fixed Base Operator Services at the Dunkirk Airport, after the long-term service provider defaulted on their contract. The Chautauqua Region Economic Development Corporation, a not-for-profit local development corporation, will step in and provide service until a permanent provider can be secured.
• After a public hearing we increased income limits for partial real property tax exemption for seniors. We increased income limits from $20,000 to $22,000 effective as of the next taxable status date of March 1, 2018.
• We appointed Frank Schoenacker of Ashville to the Chautauqua County Sports Fishery Advisory Board.
• We approved agreements with the Towns of Ellery and North Harmony for Court security detail.
• After a public hearing that witnessed overwhelming support for approval, we extended the South & Center Chautauqua Lake Sewer Districts up through the hamlet of Stow. We now await acceptance by the NYS Comptroller, and news on our funding requests to the state.
• After a lot of hard work by the Legislature over the preceding month, and with excellent help from department heads, we adopted the 2018 Chautauqua County Budget that lowered the property tax rate by $.04 per thousand. This is an unprecedented fourth year in a row that we have lowered the property tax rate. And both the property tax rate and the sales tax rate are now lower than they were 12 years ago!

             Mr. Sena asked Mr. Chagnon if the county has a stance on the CLP proposals for the lake.

            Mr. Chagnon said at this point the CLP has made no requests of the county, but they anticipate that there will be some interaction.  He said the health and well being of the lake is of great interest to the county.  He said the county has no regulation over the lake and if there are permits to be given for herbicide treatment, they will be issued by the DEC after review. 

HOWARD PEACOCK, JUSTICE

COURT REPORT FOR MONTH OF OCTOBER 2017:

$30,329.00 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 October, 2017.  We opened 76 new cases and closed 216 cases.

Of the $43,983.00 collected by the Court in September, 2017, the Town retained $14,470.00 

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

            Mr. Lawson reviewed his written 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.

            Mrs. Carlson said Mr. Stow had asked about the Town Clerk and Highway Superintendent hours on the Standard Workday Reporting Resolution for the Retirement System.  She asked if the hours listed were correct based on the workday hours for both positions.

            Mrs. Thomas said yes, they are correct.

• MOTION # 132 OF 2017

MR.SENA MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED.  MR. STOW 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 # 133 OF 2017

1. 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.
   

• MOTION # 134 OF 2017

916. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $31,916.00. MRS. ORTMAN SECONDED.  YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0). THE MOTION WAS CARRIED.
     

• MOTION # 135 OF 2017 

MRS. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $57,223.90.  MRS. ORTMAN SECONDED.  YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0). THE MOTION WAS CARRIED. 

JOHN STOW, DCO

            Mr. Stow’s report indicated that he had two calls regarding lost and found dogs.  All were claimed. 

• MOTION # 136 OF 2017

ON A MOTION MADE BY MR. SENA, SECONDED BY MR. STOW, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:30 PM.  

Nancy Thomas

Town Clerk