TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 1/08/2018, 7:00 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
FRANK STOW, COUNCILMAN ABSENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN ABSENT
OTHERS PRESENT: Brad Lawson, Zoning C.E.O.; Howard Peacock, Justice; Robin Miller, Bookkeeper; Pierre Chagnon, Legislator; Dan Strickland, Highway Sup’t.; Helen & Clayton Emick; Nancy Thomas, Town Clerk
PUBLIC HEARING
LOCAL LAW #2-2018 A LOCAL LAW ENACTING REGULATIONS FOR SOLAR ENERGY SYSTEMS
Mrs. Carlson brought the Public Hearing to order at 6:45 PM. She said we will be reviewing the law tonight but will hold no vote as a SEQRA and County Municipal Referral are required before passing the Local Law. A new Zoning Code Section 621 will replace in its entirety the existing Section 621 – “Solar Energy Systems”.
Mr. Lawson said the Planning Board has been working on this law for quite some time and gave an overview of it. He said the action is more for solar energy at the residential level as opposed to large actions which might involve solar farms. He said Don McCord, Consultant to the Planning Board had provided what he feels is basically a boiler plate law that has been used by many entities and the board had used that as a template in coming up with this law. He indicated that the law was reviewed extensively, and he feels that they had made good choices in deciding what to do and where to do it. Mr. Lawson explained the difference between roof and ground mounted systems. He said some of the information is already in the National Fire Protection Code (NFPA70) because of distances required for access to the edge of the roof in case of fire and for use of ladders. He said roof mounted systems are permitted as an accessory use in all zoning districts when attached to a principle and/or accessory structure in accordance with requirements. He said the ground mounted systems will be allowed in the AG; AR; I-l; and C-1 Districts subject to regulations set forth in the law.
Mr. Sena said he attends the Planning Board meetings and he feels the law is a good one.
Mr. Lawson said the Planning Board had discussed issues with glare on roof mounts and glare in relation to ground mounts that had been taken into consideration with the crafting of the law.
Mrs. Carlson asked if there were any comments on the law.
PUBLIC HEARING
LOCAL LAW #1-2018 AMENDING LL #1-2009 THE COLD WAR VETERANS’ EXEMPTION FOR TOWN REAL PROPERTY TAXES BY REMOVING THE 10 YEAR LIMITATION ON THE TAX EXEMPTION FOR COLD WAR VETERANS’
Mrs. Carlson said this law applies to Cold War Veterans’
Mrs. Thomas said she understood that when towns were offered the choice by the state to adopt or opt out of this law originally, they could place a 10-year limitation on the law at their discretion. She said that North Harmony had not put a limitation on the law when they adopted it in 2009.
Mr. Chagnon clarified that when the Governor initially offered the exemption in 2009, there was a 10-year limitation at the state level. He said the recent action was to remove the 10-year limitation and offer the towns the opportunity to do the same. He said that the county also had to take the action to remove the limitation.
Mrs. Carlson asked if there were any comments.
The hearing was closed at 7:00 PM.
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 1/8/2018 7:00 PM
- RESULTS OF ELECTIONS 2017
- Sally P. Carlson, Supervisor Re-elected Term: 1/1/18 – 12/31/19
- Nancy M. Thomas, Town Clerk Re-elected Term: 1/1/18 – 12/31/19
- Dan Strickland, Hwy. Sup’t. Re-elected Term: 1/1/18 – 12/31/19
- Frank Stow, Councilman Re-elected Term: 1/1/18 – 12/31/21
- Richard Sena, Councilman Re-elected Term: 1/1/18 – 12/31/21
- PLEDGE
Mrs. Carlson noted that both Mr. Stow and Mr. Stapleton were not present due to illness and Mrs. Ortman is on vacation in Atlanta.
- MINUTES: 12/28/2017
- MOTION # 1 0F 2018
- MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 12/28/2017 (YEAR END) TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- FIRE DEPARTMENT DINNER – Invitations to Board members (please RSVP to Sally)
- CENTENNIAL BOOK MEETING 1/23/18 AT 7:00 PM
- CENTENNIAL COMMITTEE MEETING 1/30/18 AT 7:00 PM
- PUBLIC COMMENT
- CORRESPONDENCE:
- NYMIR – OUTLINE OF ONLINE TRAINING COURSES
- CHAUTAUQUA CO. REAL PROPERTY TAX SERVICES – 2018 Tax Warrant Received
Special Districts $324,275.91
Highway $610,000.00
General Fund $153,615.00
Total to Supervisor $1,087,890.91
Total to Chaut. Co. $2,390,069.84
TOTAL WARRANT $3,477,960.75
- ASSOCIATION OF TOWNS (AOT)
Mrs. Thomas said the AOT has sent their annual package providing information on the training school and AOT conference to be held at the Marriott Marquis in NY, NY in February 2018. She said the packet is available for all board members to review.
- NORTHEAST OFFICE SUPPLY
- SMALL BUSINESS DEVELOPMENT WILL BE HOLDING CLASSES AT JCC
- SNOW TOTALS FOR NORTH HARMONY PROVIDED BY COUNCILMAN SENA
November 2017 5”
December 2017 66.5”
Jan. 8, 2018 20.5”
TOTAL TO DATE 92”
- OLD BUSINESS
- ADDITIONAL YEAR END FUND TRANSFERS (FINAL) (Copy of transfers in Minute Book)
Mrs. Carlson said there are some additional year end fund transfers and said the total for the Highway Fund is $3,237 and the total transfers for the General Fund is $8,579.98.
- MOTION # 2 OF 2018
- SENA MOTIONED TO ADOPT THE HIGHWAY FUND ($3,237.58) AND GENERAL FUND ($8,579.98) 2017 YEAR END TRANSFERS AS SUBMITTED BY THE SUPERVISOR. MR MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- NEW BUSINESS:
- AUDIT BOOKS – JUSTICE, SUPERVISOR, TOWN CLERK
Mrs. Carlson said the Unified Court System has indicated that the town needs to audit the Justice Court Books. She said at the same time the board needs to audit the Supervisors and Town Clerks books.
Mr. Peacock said his books are pretty much ready for audit, but he will double check.
Mrs. Thomas said she will have her books available by the end of the week for audit.
Mrs. Carlson said she and Mr. Stow have already audited the Supervisors books.
- REORGANIZATION SCHEDULE (Copy attached to Minutes)
Mrs. Carlson reviewed the schedule and asked if there were any questions.
- MOTION # 3 OF 2018
- MCNEILL MOTIONED TO ADOPT THE REORGANIZATION SCHEDULE OF APPOINTMENTS AND SALARIES AS PRESENTED. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
There was discussion if it was necessary to change any board meeting dates due to holidays and the board agreed it was not.
- APPOINTMENTS TO BOARDS:
- GARY WINGER – ZONING BOARD – (1/1/2018 – 12/31/2024)
- STEVE SENSKE – PLANNING BOARD – (1/1/2018 – 12/31/2024)
- MOTION # 4 OF 2018
- SENA MOTIONED TO APPROVE THE FOLLOWING APPOINTMENTS:
- GARY WINGER – ZONING BOARD – (1/1/2018 – 12/31/2024)
- STEVE SENSKE – PLANNING BOARD – (1/1/2018 – 12/31/2024)
- MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- REVIEW / REAFFIRM: PROCUREMENT POLICY / EMPLOYEE HANDBOOK / (includes Violence in the Workplace and Code of Ethics)
Mrs. Carlson said she would like to table any action on the Employee Handbook and Vacation Schedule until the full board is present to discuss them.
- MOTION # 5 OF 2018
- MCNEILL MOTIONED TO TABLE ACTION ON THE EMPLOYEE HANDBOOK AND VACATION SCHEDULE FOR FURTHER DISCUSSION. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE HIGHWAY SUPERINTENDENT TO:
- Post Roads
- Bid for Materials – County & State
- Attend Highway School
- MOTION # 6 OF 2018
- SENA MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO:
- Post Roads
- Bid for Materials – County & State
- Attend Highway School
- MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE SUPERVISOR / BOARD TO:
- Sign Agreement to spend highway funds
- Renew the Shared Service Contract with Chautauqua County
- Sign Contract with Busti for Assessor Services
- Authorize all other Officials to attend meetings and school as budgeted
- MOTION # 7 OF 2018
- MCNEILL MOTIONED TO AUTHORIZE THE SUPERVISOR / BOARD TO:
- Sign Agreement to spend highway funds
- Renew the Shared Service Contract with Chautauqua County
- Sign Contract with Busti for Assessor Services
- Authorize all other Officials to attend meetings and school as budgeted
- SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ESTABLISH ANNUAL VACATION SCHEDULE (see Motion # 5)
- AUD REPORT TO STATE COMPTROLLER – EXTENSION REQUEST
Mrs. Carlson said Mrs. Miller is requesting an extension of time to file the AUD with the State Comptroller, just to be on the safe side.
- MOTION # 8 OF 2018
- SENA MOTIONED TO AUTHORIZE A REQUEST FOR AN EXTENSION TO FILE THE ANNUAL UPDATE DOCUMENT FOR THE STATE COMPTROLLER. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- SCHEDULE SEQR FOR SOLAR LAW – LOCAL LAW #2-2018
- MOTION # 9 OF 2018
- SENA MOTIONED TO SCHEDULE A SEQR HEARING FOR LOCAL LAW #2-2018,
ENACTING REGULATIONS FOR SOLAR ENERGY SYSTEMS, TO BE HELD ON MONDAY, FEBRUARY 12, 2018, AT 6:45 PM, PRIOR TO THE REGULARLY SCHEDULED BOARD MEETING. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- USE OF PERSONAL CREDIT CARD TO PURCHASE PROGRAMING
Mrs. Carlson said Mrs. Miller has been using her personal VISA to pay for Microsoft Quick Books and Intuit. She said she would like to have that in the record as the town does not have any credit cards. She said she would like to have the board officially authorize this use and reimbursement.
- MOTION # 10 OF 2018
- MCNEILL MOTIONED TO AUTHORIZE ROBIN MILLER, BOOKKEEPER TO USE HER PERSONAL CREDIT CARD FOR THE PURCHASE OF MICROSOFT QUICKBOOKS AND INTUIT PROGRAMS. FURTHER, AUTHORIZATION IS GRANTED FOR REMIBUREMENT OF SAME, INCLUDING SALES TAX, BY THE TOWN. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
There was discussion that if possible Mrs. Miller should be allowed to use the town’s tax-exempt status to purchase the programs.
- REFLECTORS ON CHENEY ROAD NEXT TO SWAMP
Mrs. Carlson asked Mr. Strickland if reflectors could be placed along the swamp on Cheney Rd. for people who don’t know the road.
Mr. Strickland said this time of year they would just be bent and knocked down by the plows. He asked if there had been a previous issue.
Mrs. Carlson said no.
Mr. McNeill said he is concerned for the safety of people who are not familiar with the road and swamp.
Mr. Strickland said he would give it some thought.
- REPORT:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the December, 2017 Legislature meeting:
- We made re-appointments to the Chautauqua County Airport Commission, including John Churchill of Ashville and Greg Jones of Bemus Point.
- Marla Connelly of Bemus Point was appointed to the Chautauqua County Parks Commission, replacing Tom Dawes, also of Bemus Point.
- We made re-appointments to the Chautauqua County Planning Board, including Bernie Auer of Bemus Point.
- We adopted a Local Law to remove the ten-year limitation on the tax exemptions for Cold War Veterans and allow the exemption to continue for so long as veterans remain qualifying owners of qualifying real property.
- Having received no petition for permissive referendum, we approved application to the NYS Office of the State Comptroller for approval of the extension of the South Chautauqua Lake Sewer District through the hamlet of Stow for the west side of Chautauqua Lake.
- We approved an emergency resolution I submitted to provide $10K of 2% Occupancy Tax Reserve funds to the Soil & Water Conservation District to remove a collapsed concrete bridge abutment from Bemus Creek. The large concrete structures were broken into manageable pieces and repurposed by turn stacking and keying into the stream bank to provide erosion protection from future storm events.
- We established the Chautauqua Lake Protection and Rehabilitation Agency pursuant to Article 5-A of the County Law. The agency is established solely to prepare maps and plans and recommend to the County Legislature the creation of a Chautauqua Lake Protection and Rehabilitation District as may be necessary and in the best interest of the people of Chautauqua County. The objective is to develop a sustainable source of funding to implement water quality improvement projects and support lake maintenance activities in Chautauqua Lake and its watershed. The agency will initially consist of nine (9) members to serve without compensation, including two County Legislators representing legislative districts bordering Chautauqua Lake to be appointed by the Chairman of the County Legislature; three Town elected officials representing the towns bordering Chautauqua Lake to be appointed by the County Executive; two Village elected officials representing the villages bordering Chautauqua Lake to be appointed by the County Executive; one property owner from the vicinity of Chautauqua Lake to be appointed by the County Executive; and one member representing Chautauqua Institution to be appointed by the County Executive. The intent of the County Legislature is to review the makeup of the membership of the agency as later phases of the project are developed.
KEVIN OKERLUND, ASSESSOR
Mrs. Carlson said the Assessor’s report indicated that Enhanced STAR applications have been mailed. The Sr. Exemption Income Level for the Town of North Harmony is $22,000 and all exemption applications need to be returned by 3/1/18.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said things are going smoothly right now, with no major breakdowns of equipment. He said the fuel pump at the highway is broken and there are no parts available. He said he may have to get quotes on a replacement.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report into the record.
COURT REPORT FOR MONTH OF DECEMBER 2017
January 8, 2018 Board Meeting
$23,583.00 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 December, 2017. We opened 194 new cases and closed 129 cases. Of the $26,583.00 collected by the Court in November, 2017, the Town retained $8,175.00.
BRADLEY LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his written report for those present. He said he had not included any comparison years in his annual report as this year has been the slowest year he can remember at under $1,000,000.00 in increased valuation due to permits. He said this past year he spent a great deal of time on violations and complaints.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said the clerks office has been very busy with phone calls about exemptions, problems with small claims on assessments causing changes to the tax warrant. She said she has been collecting taxes since 12/28/17 (even before the bills were mailed out) with the Governors edict permitting pre-payment of 2018 taxes in 2017. She said there has been great confusion with partial payments allowed by the Governor, but neither the county or town having anything in place to support those payments.
- MOTION # 11 OF 2018
- SENA MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)
Mrs. Carlson noted that Mrs. Thomas had provided tax rates for the town and that in 2006 when she took office the Tn/Cnty tax rate was $13.69 and in 2018 that rate is $12.35. She said both the town and county have done a good job.
- MOTION # 12 OF 2018
- SENA MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 13 OF 2018
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $19,746.86. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 14 OF 2018
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $94,139.40 (INCLUDES WORKMANS COMP). MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 15 OF 2018
ON A MOTION MADE BY MR SENA, SECONDED BY MR. MCNEILL, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 7:45 PM.
Nancy Thomas
Town Clerk
