TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 2/12/2018, 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: Dave Stapleton, Attorney; Bradley Lawson, Zoning C.E.O.; Dan Strickland, Highway Sup’t.; Clayton & Helen Emick; Highway M.E.O.’s: Andrew Post; Bryan Stevens; Pat O’Brien; Ted Pugh; Ryan Hinsdale; Adam Brandi; Louis Rieg; Pierre Chagnon, Legislator; Nancy Thomas, Town Clerk
6:45 – SEQR HEARING – SOLAR ENERGY SYSTEMS – LL #2-2018
Mrs. Carlson brought the hearing to order at 6:45 PM.
Mr. Stapleton began the review of the Full EAF for Local Law #2-2018. He indicated that this Local Law will replace in its entirety Section 621of the town Zoning Ordinance. It was noted that a response on the municipal referral has not been received from the County Planning Department. It was noted that Don McCord of Small Town Planning, drafted the proposed law and the EAF documents.
Part 1; 2 and 3 of the Full EAF were reviewed and there were no changes made to the document.
- MOTION # 16 OF 2018
- SENA MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ON THE SEQRA FOR LOCAL LAW #2-2018 SOLAR ENERGY SYSTEMS. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- The hearing was adjourned at 6:55 PM.
REGULARLY SCHEDULED MEETING
- MINUTES: 1/8/18
MOTION # 17 OF 2018
- MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 1/8/2018, BOARD MEETING AS SUBMITTED BY THE CLERK. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
- CENTENNIAL COMMITTEE MEETING 2/26/18 AT 4:00 PM, COMMUNITY BLDG.
- PUBLIC COMMENT:
HIGHWAY DEPARTMENT M.E.O.’S
Mr. Post said the Highway Employees are present to ask about their request for 8 hours of additional vacation per year for years 5 through 10 of employment. He said at this time they receive no additional days for those years. He said since the funds are already in the budget they do not understand the boards resistance to that.
Mr. Strickland said he understands the board may have concerns about getting the work done in the summertime which is traditionally when vacations are taken. He said there has never been a problem getting the work done in the summer because of shared services and help from other entities.
Mrs. Carlson said the board has discussed this and feel that at this time they are not willing to make changes. She said they will continue to discuss it in the fall when next years budget is worked on and changes to the handbook are made.
Mr. Post said they feel this decision is a lack of appreciation and respect for the M.E.O.’s jobs and what they are asked to do.
Mr. O’Brien said this affects him personally because he must use his own personal time and he does not get reimbursed for it.
Mrs. Carlson said she was under the impression that Workman’s Comp would reimburse the town for his days taken and those funds would buy back his sick leave/vacation time used.
Mrs. Miller said there is consideration of the first 7 days if they are taken consecutively, according to Dennis Brooks at the county.
Mr. Hinsdale invited the board members to ride with them during the next snow storm to see what they go through.
Mr. Strickland spoke about the dedication of the highway employees to provide for the publics safety. He said they are always available when he calls them for work.
Mr. Sena said they had received a substantial raise this year.
It was stated that they had received no raise for 7 years.
Mr. Strickland said they had received a total of $.25 during the last 6 years prior to the 2018 raise.
Mr. O’Brien said they make less and have less vacation than all the other towns.
Mr. Strickland said his main concern is that the staff is happy and available to get the work done. He said they are worth every nickel they make.
Mrs. Carlson said there is no question that the work they do is very important to everyone.
Mr. Post said the vacation request is so minimal it would only affect 2 out of the 6 employees this year.
Mrs. Carlson said they would discuss it further and get back to the highway.
Mr. McNeill noted that 2 of the 4 board members are missing this evening and he feels it is not the time to decide without full input.
- SPECTRUM CABLE – UPGRADE 3/27/18
Mr. Lawson said if you want to have TV, you will have to get the equipment upgrade.
- WAMEN PUBLISHING – Charlotte, NC – Booklet
- CHAUTAUQUA CO. FINANCE – PROPERTY FORCLOSURES
CHAUTAUQUA CO. FINANCE – SALES TAX 4TH QTR. $148,022.91 (Up $8,921.38 from last year)
- ASSESSOR – NOVEMBER & DECEMBER, 2017 PROPERTY TRANSFERS
- COPY OF RESIGNATION FROM RODNEY THOMS FROM HIGHWAY DEPT. – Required for NYS Unemployment
Mrs. Carlson said Mrs. Miller wanted to make sure it is in the record that we finally received Mr. Thoms resignation letter.
- TRANSFER STATION 2017 ANNUAL REPORT FILED BY BEICHNER
- “NEIGHBORS” – Package and letter in opposition to Wind Turbine Farms in Chautauqua Co.
- NYS – Municipal Energy Program (MEP) – AOT requesting that towns join for a bulk energy buying group
Mrs. Thomas said the town had recently renewed with Constellation Energy as their energy supplier and that was through the AOT NYS-MEP program as a shared service.
- Craig Butler – Chautauqua Lake Partnership (CLP)
Mrs. Carlson said the letter indicates that CLP is sponsoring the Town of Ellery as Lead Agency in preparing the SEIS in support of herbicide treatments for invasive weeds in the lake. North Harmony as an involved agency is being asked to submit a permit application for the herbicide treatment. CLP request is that North Harmony 1) approve letters of notification to riparian owners 2) approve the DEC herbicide permit application for the submission in the next two weeks to enable early application in early May, 2018. CLP will provide the permit application and the letter made it clear that North Harmony is not under any obligation to use herbicides due to the letter of notification mailing. It is a decision the Town can make as to whether or not to apply herbicides this spring as they await the completion of the SEIS and SEQRA process. She said there will be meeting on this at the Fluvanna Fire Hall on Thurs. 3/1/18 at 7:30 PM.
- NYS WORKMANS COMP – Acknowledgement that TONH has opted out of the Family Leave Act
- NYS-DOT – Looking for projects under Bridge NY
- DUTCHESS COUNTY – “Think Differently” – Request that TONH endorse projects for Special Needs Individuals
- TOWN OF BUSTI – EMAIL SCAMS
Mrs. Thomas said she received a Scam e-mail that appeared as if it was sent from the supervisor’s I-phone to the town clerk asking if I was at my desk. She said other town clerks have received these and if they respond, they are asked to transfer funds into accounts that are obviously bogus. She said we should be aware that this is happening and be extremely cautious.
- OLD BUSINESS
- COLD WAR VETERANS EXEMPTION – LOCAL LAW #1-2018
- MOTION # 18 OF 2018
- SENA MOTIONED TO ADOPT LOCAL LAW #1-2018 A LOCAL LAW AMENDING LOCAL LAW NO. 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. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
LOCAL LAW NO. 1 – 2018
TOWN OF NORTH HARMONY
A LOCAL LAW AMENDING LOCAL LAW NO. 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
BE IT ENACTED, by the Town Board of the Town of North Harmony, County of Chautauqua, New York as follows:
- Legislative Intent. On September 12, 2017, the Governor signed into law an
amendment proposed by the NYS Legislature amending Real Property Tax Law §458-b. Specifically, this amendment authorized towns that have adopted a local law to grant Cold War Veterans a tax exemption for a ten-year period, to remove said ten-year limitation where the exemption applies to qualifying owners of qualifying real property for as long as they remain qualifying owners. Recognizing the value and service of these veterans, the Town Board of the Town of North Harmony seeks to utilize this change by the State and remove, at the local level, this ten-year limitation on the tax exemption offered to Cold War Veterans.
- Purpose. Pursuant to New York State Real Property Tax Law, veterans and certain other related persons are entitled to a partial exemption for real property taxes where the property owned has been purchased with pension, bonus, or insurance monies, referred to as “eligible funds.” Another property tax exemption, known as the “Alternative Veterans’ Exemption,” is available at the option of municipalities and provides an alternative exemption for veterans who served in wartime, in a combat theater, or have a service-connected disability. Pursuant to Local Law 1-02, the Town of North Harmony opted into the Alternative Veterans’ Exemption. A third property tax exemption, known as the “Exemption for Cold War Veterans,” is also available at the option of municipalities to provide an exemption for Cold War Veterans who do not qualify for either of the aforementioned eligible funds exemption or the alternative veterans’ exemption. The purpose of this local law is to adopt the exemption for Cold War Veterans and set the maximum allowable exemption for it.
- Adoption of Exemption for Cold War Veterans. Pursuant to Subsection 458-b(2)(a)(ii) of New York State Real Property Tax Law, the exemption for Cold War Veterans is hereby adopted to the extent of fifteen percent of the assessed value of qualifying residential real property, to be effective as of the next taxable status date on March 1, 2018. Pursuant to Subsection 458-b(2)(b) of New York State Real Property Tax Law, the exemption for Cold War Veterans with a service connected disability is also adopted, to be effective as of the next taxable status date on March 1, 2018.
- Maximum Allowable Exemption. Pursuant to Section 458-b(2)(c)(iii) of New York State Real Property Tax Law, the maximum exemption allowable for each category of the Cold War Veterans’ exemption shall be as follows:
Section 458-b(2)(a) Cold War Veteran $ 6,000.00
Section 458-a(2)(b) Cold War Disabled Veteran $20,000.00
- Effective Date. This Local Law shall take effect upon filing with the Secretary of State.
REGULATIONS FOR SOLAR ENERGY SYSTEMS – LOCAL LAW #2-2018
This Local Law replaces in its entirety Section 621 of the Zoning Code.
- MOTION # 19 OF 2018
- MCNEILL MOTIONED TO ADOPT LOCAL LAW #2-2018 REGULATIONS FOR SOLAR ENERGY SYSTEMS. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
TOWN OF NORTH HARMONY
LOCAL LAW NO. ___2___ OF 2018
A LOCAL LAW ENACTING REGULATIONS FOR SOLAR ENERGY SYSTEMS
Be it enacted by the Town of Board of the Town of North Harmony, County of Chautauqua, State of New York, as follows:
SECTION l. AUTHORITY.
This local law is promulgated pursuant to the authority granted by:
- Article IX of the New York State Constitution, §2(c) (10);
- New York Statute of Local Governments, 10( I ) and (7);
- New York Municipal Home Rule Law, §10( l )(i) and (i i) and § 10( l )(a), (1 1 ), (12), and (14);
- New York Town Law § 130 ( 11)(peace, good order and safety), (15)(promotion of public welfare); and
- New York Town Law §64 (17-a)(protection of aesthetic interests), (23)(general powers).
SECTION 2. SOLAR ENERGY SYSTEM REGULATIONS.
A new Section 621 hereby added to the Town of North Harmony Zoning Code, and shall replace in its entirety the existing Section 621” Solar Energy Systems”, which shall provide as follows:
Section 621 – Solar Energy Systems
1.) Purpose. The Town Board of the Town North Harmony, exercising the authority granted to under the Town Law of the State of New York to protect the health, safety, and welfare of the residents and property owners of the Town of North Harmony, does hereby enact this Section to regulate the construction, maintenance and placement of solar energy systems and equipment in the Town of North Harmony. The purpose of this regulation is to balance the potential impact on neighbors when solar collectors may be installed near their property, while preserving the rights of property owners to install solar collection systems without excess regulation. The Town of North Harmony recognizes the importance of solar systems in generating electricity for on-premise and off-premise use, the reduction of greenhouse gas emissions and support for emerging solar system economic development.
- As used in this Section, the following terms shall have the meaning indicated:
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) – A solar energy system that consists of integrating photovoltaic modules into the building structure. Technologies include PV shingles or tiles, PV laminates and PV Glass. Examples of placement include vertical facades, semi-transparent skylights, awnings, fixed awnings and roofs.
COLLECTIVE SOLAR – Solar installations owned collectively through subdivision homeowner associations or similar groups. Collective solar installations shall be regulated depending upon generation capacity as either large-scale, or small-scale system, as defined herein.
GLARE – A continuous source of brightness, relative to diffused lighting. This is not a direct reflection of the sun, but rather a reflection of the bright sky around the sun. Glare is significantly less intense than glint.
GLINT – Also known as “Specular reflection”, produced as a direct reflection of the sun on the surface of the PV solar panel. This is the potential source of the visual issues regarding viewer distraction.
GROUND MOUNTED SYSTEMS – A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.
LARGE-SCALE SYSTEM – Solar energy systems located on land in the Town of North Harmony used
primarily to convert solar energy into electricity for off-site consumption or sale and/or systems that have the capacity to produce more than 25K W per hour of energy.
ROOF-MOUNTED SYSTEM – A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush mounted system or as modules fixed to frames which can be tilted toward the sun at an optimal angle. Roof mounted systems shall be located on a roof of a permitted principal use or accessory structure.
SMALL-SCALE SOLAR – Small Scale Solar means a solar energy system that installed and placed for the production of energy for consumption only on site, and that has the capacity to produce less than 25K W per hour of energy.
SOLAR ENERGY EQUIPMENT – Energy storage devices, materials, hardware, or electrical equipment and conduit associated with the production of electrical energy.
SOLAR ENERGY PRODUCTION FACILITY – Energy Generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.
SOLAR ENERGY SYSTEM – Includes a combination of both solar panels and solar energy equipment.
SOLAR PANEL – A device capable of collecting and converting solar energy into electrical energy.
SOLAR STORAGE BATTERY – A device that stores energy from the sun and makes it available in an electrical form.
SOLAR THERMAL SYSTEMS – Solar-thermal systems directly heat water or other liquid using the heat of the sun. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water.
- The requirements of this Section shall apply to all Solar Energy Systems installed or modified after the effective date of the local law by which it was adopted, excluding general maintenance and repair.
- All Solar Energy Systems shall be designed, erected and installed or modified in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code and the Town Code as well as the National Electrical Code (NEC), National Fire Protection Code 70 (NFPA70), and local regulations.
- Under SEQRA regulations, actions are classified as Type I, Type II, or Unlisted Actions. Type II Actions are exempt from review and include actions such as the construction, expansion or placement of minor or accessory structures. The Town of North Harmony considers Building-integrated solar components and Small-scale systems to be Type II Actions and therefore exempt from all SEQRA requirements, including the submission of an EAF (Environmental Assessment Form). Large Scale Systems and solar energy production facilities that meet thresholds contained in the SEQRA regulations and are considered more likely than others to have a significant adverse impact shall be considered Type I Actions. However, the need for a complete Environmental Impact Statement (EIS) shall be determined by the permitting board on a case-by-case basis in accordance with the significance of the potential adverse environmental impact.
- Solar as an Accessory Use/Structure.
- This section governs the placement and installation of Small-scale Solar systems as defined herein. The installation of Small-scale Solar systems does require the applicant to obtain a building permit from the Town of North Harmony.
- Roof-mounted Systems.
Roof-mounted Systems are permitted as an accessory use in all zoning districts when attached to a lawfully-permitted principal structure and/or accessory structure, subject to the following requirements:
 Height. Solar energy systems shall not exceed maximum height restrictions with in any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices and equipment.
 Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.
 Aesthetics. Solar energy equipment shall incorporate the following design requirements:
[a] Roof-mounted panels facing the front yard must be mounted at the same angle as the roof’s surface with a maximum distance of 18 inches between the roof and highest edge of the system.
[b] Access and Pathways (NFPA Section 324.7). Roof access, pathways, and spacing requirements for solar photovoltaic systems shall be provided in accordance with NFPA Sections R324.7. 1 through R324.7.6
[i] Roof access, pathways and spacing requirements need not be provided where an alternative ventilation method has been provided, or where vertical ventilation techniques will not be employed.
[ii] Detached garages and accessory structures.
[c] Size of solar photovoltaic array (324.7.1). Each photovoltaic array shall not exceed 150 feet in any direction. (45,720 mm).
[d] Roof Access Points (324.1 .2). Roof access points shall be located:
[i] In areas that establish access path ways which are independent of each other and as remote from each other as practicable so as to provide escape routes from all points along the roof.
[ii] In areas that do not require the placement of ground ladders over openings such as windows or doors or areas that may cause congestion or create other hazards.
[iii] At strong points of building construction, such as corners, pilasters, hips, and valleys and other areas capable of supporting the live load from emergency responders.
[iv] Where the roof access point does not conflict with overhead obstructions such as tree limbs, wires or signs.
[v] Where the roof access point does not conflict with ground obstructions such as decks, fences or landscaping.
[vi] In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes, antennas, or conduit runs.
[e] Ground access areas (324.7.3). Ground access areas shall be located directly beneath access roofs and roof access points. The minimum width of the ground access area shall be the full width of the access roof or roof access point, measured at the eave. The minimum depth shall allow for the safe placement of ground ladders for gaining entry to the access roof.
[f] Single ridge roofs (324.7.4). Panels, modules or arrays installed on roofs with a single ridge shall be located in a manner that provides two (2), 36 inches wide (914mm) access pathways extending from the roof access point to the ridge. Access pathways on opposing roof slopes shall not be located along the same plane as truss, rafter, or other such framing system that supports the pathway.
[i] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.
[ii] Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders.
[iii] One access pathway shall be required when a roof slope containing panels, modules or arrays is located not more than 24 inches (610 mm) vertically from an adjoining roof which contains an access roof.
[g] Hip roof’s (324.7.5). Panels, modules and arrays installed on dwellings with hip roofs shall be located in a manner that provides a clear access pathway not less than 36 inches (914mm), extending from the roof access point to the ridge or peak, on each roof slope where panels, modules or arrays are located.
[i] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.
[ii] Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders
[h] Roofs with valleys (324.7.6), Panels and modules shall not be located less than 18 inches (457 mm) from a valley.
[i] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.
[i] Allowance for smoke ventilation operations (324.7.7). Panels and modules shall not be located less than 18 inches (457 mm) from a ridge or peak.
[i] Where an alternative ventilation method has been provided or where ve1tical ventilation methods will not be employed between the uppermost portion of the solar photovoltaic system and the roof ridge or pea k.
[ii] Detached garages and accessory structures.
 Notification to the Fire Service. Notification in writing to the Fire Department having operational authority at the location where the system will be installed shall be made no later than ten (10) days following installation:
[a] Notification shall include a site map showing the location of the solar energy electrical panel, as well as the proper operation of the disconnect switch(s) in the event of a fire or other emergency situation where the homeowner, tenant or other personnel is not available or familiar with the safe shut down operation of unit so as to have the ability to cut power from the solar panels.
[b] In addition a proper written statement showing the method of shut down shall be posted inside the main electrical panel of the u n it which can be readily accessible for and to firefighting personnel.
- Ground Mounted Systems.
 Ground mounted solar energy systems are permitted as an accessory structure in the Agricultural (A), Agricultural-Residential (AR), Light Industrial (I-1) and Commercial (C-1) zoning districts, subject to the requirements set forth in this section.
 All ground mounted solar panels in residential districts shall be installed in the rear yard. If a side
yard installation is applied for, it shall be subject to all setback requirements of the underlying
zoning district, and such an application for side yard shall require site plan review by the Town of
North Harmony Planning Board.
 Setback(s). Ground mounted solar panels are subject to setback requirements of the underlying zoning district.
 Height. Solar panels are restricted to a height of fifteen (15) feet when located with a minimum set back distance of ten (10) feet from a lot line; a height of twenty (20) feet when located with a minimum set back distance of fifteen (15) feet from a lot line; and maxi mum height of twenty five (25) feet when located with a setback distance of twenty five (25) feet or greater. All height measurements are to be calculated when the solar energy system is oriented at maximum tilt.
 Lot Coverage. The surface area of ground mounted solar panels shall be included in lot coverage and impervious surface calculations and shall not exceed thirty percent (30%) of the lot size.
[a] Any application for installation and placement of small scale solar energy system under this section in a side yard location shall require an application containing a site plan showing the location of all solar energy system components, their location on the premises, their location on the premises in relation to the property line and any and all structures on the premises, and the nearest structure located on the premises adjacent thereto.
[b] The site plan for such installation shall be reviewed by the Planning Board and shall be
approved by a majority thereof.
- Solar as Principal Use.
- Large Scale Solar Systems are permitted by the issuance of a special use permit by the Town Board within the Agricultural (A) District, subject to the requirements set forth in this section.
 Every application for a Large-Scale System within the Town of North Harmony shall be made to the Town Board and shall be approved by a majority vote thereof.
 Prior to Town Board review of the application it may refer said application to the Planning Board for site plan review, report and recommendation for approval or disapproval.
 The Town Board shall hold a public hearing upon ten (10) days notice duly posted and published in the official newspaper of the Town and on the Town bulletin board, before granting the special use permit.
- Special Use Permit Application Requirements. Every application for a Special Use Permit under this section shall contain the following information:
 Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.
 Name, address, and contact information of the applicant, property owner(s) and agent submitting the proposed project application.
 If the property of the proposed project is to be leased, legal consent among all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements.
 Blueprints showing the layout of the proposed system signed by a Professional Engineer or Registered Architect.
 Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and invertors that are to be installed.
 A property operation and maintenance plan describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.
 Decommissioning Plan:
[a] To ensure the proper removal of large scale systems, the decommissioning plan shall include details regarding the removal of all infrastructures, including the removal of concrete to a depth of four feet, and the remediation of soil and vegetation back to its original state prior to construction, unless otherwise permitted. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a Professional Engineer or contractor. Cost estimates shall take inflation into account. In the case of a lease, the cost of decommissioning shall be borne by the entity or corporation that is leasing the property in question and not the landowner.
[b] A form of surety, through escrow, bond or the equivalency of, shall be established prior to the commencement of construction to cover the cost of decommissioning the site. The amount of surety required may not exceed 125 percent of the estimated cost to decommission.
- Special Use Permit Standards
 Height and Setback: Large scale solar energy systems shall adhere to the height and setback requirements
of the underlying zoning district. Additional restrictions may be imposed during the special use permit
 Large scale systems shall be located on lots with a minimum lot size that is large enough to accommodate the proposed system and still meet the required setback requirements for the zoning district.
 All large scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the special use permit process.
 On-site electrical interconnection lines and distribution lines shall be placed underground, unless otherwise required by the utility.
 The removal of existing vegetation shall be limited to the extent necessary for the construction and maintenance of the solar installation.
- Solar Storage Batteries.
- If solar storage batteries are included as part of the Solar Energy Collection system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code. All solar storage batteries, their maintenance, placement, and location shall also comply with all applicable rules and regulations as promulgated by New York State Building Code and the National Electric Code.
- When batteries are no longer in use, they shall be disposed of in accordance with the laws of the State of New York and any applicable Federal or Local disposal rules or regulations.
- Any violation of any provisions of this section shall be punishable by penalty or a term of imprisonment as prescribed in Section 268 of the Town Law of the State of New York.
- Notwithstanding the above, the Town Board of the Town of North Harmony hereby reserves the right to proceed to enforce the provisions of this section by civil action, injunction, and any other remedy afforded to it by the laws of the State of New York or the United States.
SECTION 3. VALIDITY AND SEVERABILITY.
If any part or provision of this Local Law shall be declared invalid, void, unconstitutional or unenforceable by a court of law, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted.
SECTION 4. EFFECTIVE DATE.
This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.
- UPDATE ON LIGHTHOUSE
Mr. Strickland said BOCES has completed the base and are working on the center section and frame work. He said the dome and window frames from the old one has been saved for reuse.
Mrs. Carlson said she had spoken to Steve Lloyd to see if he could give us a price for siding the lighthouse.
There was discussion of what type of siding (cedar or vinyl) should be used.
- AUDIT BOOKS – JUSTICE, SUPERVISOR, TOWN CLERK
Mrs. Carlson said the audit of the Justice, Supervisor and Town Clerk books has been completed and thanked the board for their assistance.
- MOTION # 20 OF 2018
- MCNEILL MOTIONED FOR A STATEMENT OF SATISFACTION OF COMPLETION OF THE AUDITS OF THE JUSTICE COURT, SUPERVISOR, AND TOWN CLERK BOOKS FOR 2017. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
RICHARD FINCH, CONTRACTOR – WINDOWS – Return receipt letter received and signed for by Mr. Finch on 1/12/18. No reply to date.
Mr. Stapleton said the town could discuss litigation if they want to. He said there are numerous options including small claims court.
Mrs. Carlson said the moisture seals on some of the windows have failed and they are supposed to be guaranteed for 10 years.
After the meeting Jeff Reynolds of B&L Supply came and looked at the windows and got the manufacturing information. He indicated he would investigate it and get back to Mr. Sena.
- NEW BUSINESS:
- CLP CONTRACT REQUESTED
Mrs. Carlson said CLP had requested the town sign a contract which she believes is just to make sure that the town will honor their budgeted amount of $7,000.00. She said Mrs. Thomas has satisfied the Tax Warrant so the funds can be mailed at any time.
CLA CONTRACT RENEWAL
- MOTION # 21 OF 2018
- MCNEILL MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE CONTRACT WITH CHAUTAUQUA LAKE ASSOCIATION FOR WEED REMOVAL ON THE LAKE. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
SIGN AGREEMENT TO SPEND HIGHWAY FUNDS
Mrs. Carlson noted that a copy needs to be signed by the county.
- AUTHORIZE SUPERVISOR TO APPLY FOR STATE AND MUNICIPAL FACILITIES PROGRAM FOR A NEW TOWN/COURT BUILDING AND ADVERTISE FOR ARCHITECT / CLERK OF THE WORKS
Mrs. Carlson announced that Senator Young has agreed to sponsor a grant for the town for a new town building in the amount of $1,000,000.00. She requested authorization from the board to apply for that funding.
- MOTION # 22 OF 2018
- SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO EXECUTE ALL DOCUMENTS TO APPLY FOR A GRANT SPONSORED BY SENATOR YOUNG FOR $1,000,000.00 TO BUILD A NEW TOWN BUILDING. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson said she would also like authorization to advertise for an Architect/Clerk of the Works /Engineer or appropriate title for the project grant.
Mr. Stapleton said previously the town was getting drawings from an engineer for a site plan.
There was discussion of what was specifically needed for the grant application.
Mrs. Carlson said she has the plans from Harrington Architecture and she intends to submit them with the preliminary application. She said the way it is explained is that the preliminary application goes to Senator Youngs office and then she submits it to the Senate and then they will send more forms.
Mr. Sena said we have a plat, but not a full-blown site plan.
Mr. Lawson said we will need something that shows the land to be used with the building plot on it.
Mr. McNeill said the request is for an email copy of the pre-application with a brief description of the project so that the process can be started.
There was discussion of whether it is time to advertise for an architect; is it time to have the land surveyed (40,000 sq. ft. in TC District required). It was suggested that 2 acres would be a good size and currently the land is part of the Mitchell property which abuts the Highway Dept.
There was discussion that if it is mandated that the project Architect be bid out, since so much work has already been done by Harrington, they may come in low on a bid.
Mrs. Emick stated that because the Governor is advocating combining, is now really the time to be thinking about continuing with this project. She referenced the cost to the town for work on the current building and the lot next door. She said in her estimation this project is not in the best interest of the towns people, nor is it what they want. She said it is what the board wants.
Mrs. Carlson said she feels that there are people in the town who feel it is a good idea.
Mr. Sena said if we receive the grant for $1,000,000.00, and it appears we will, it will not save us any money to put on an addition; it will cost less to build a new building and we must come up to code because of the court. He said we have been discussing this for 8 years and we must act.
Mr. McNeill noted that the current building has no future with the problems of radon and asbestos; lack of storage; no protection for the court; and it is not handicap accessible. He said the future is going to demand upgrades and the supervisor has made contacts regarding court shared services with other municipalities.
There was discussion of the grant funding received by the court and the amount of funding already spent.
Mr. Sena said his stand is for the most fiscally responsible choice and if we receive the grant funding, the new building is the most fiscally responsible choice.
Mrs. Carlson said if we don’t get the grant, we will not be proceeding. It was noted that the current building and land was appraised for $60,000.00. Mrs. Carlson said she has spoken to 5 town supervisors who are interested in a consolidated court. She said she has called Mr. Borello’s office and spoken to Dan Heitzinger about having a study done on court consolidation. She said there are legal requirements involved and other things to take into consideration. She said it has been noted that the location with access to I-86 is a good location choice and it is a viable concept.
There was concern and discussion of the size of the proposed building. It was noted that no plans have been approved at this time.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the January 2018 Legislature meeting:
We gave a commendation to David Tenpas, longtime bus driver with the Sherman Central School District, who was credited with safely removing students from a bus shortly before it erupted in flames on January 4th.
- We made re-appointments to the Chautauqua County Aging Advisory Council, including Mary Anne Johnston of Ashville.
- We made re-appointments to the Chautauqua County Sports Fishery Advisory Board, including Monte Kennedy of Ashville.
- We authorized funding for a project for the replacement of the County Route 18 Bridge over Prendergast Creek, in the Town of North Harmony, for the costs of the preliminary engineering and right-of-way incidentals and acquisition phases of the project.
- We adjusted the 2018 Budget as the County’s application for renewal of its New York State Community Development Block Grant for the Wells and Septic Replacement Program was not selected for funding by the New York State Housing Trust Fund Corporation’s Office of Community Renewal. The 2018 budget was prepared with the expectation that this funding would be approved, as it has been for the past several years.
KEVIN OKERLUND, ASSESSOR
Mr. Okerlund’s report included a reminder that all exemptions must be filed by March 1, 2018. Second notices have been mailed for Enhanced STAR.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said he is in the process of getting 3 pickups replaced and is drawing up specs for a ¾ ton crew cab pickup and a 1-ton dump and his pickup which he will put under a bid through the City of Jamestown. He said they are purchasing a lot of salt as they have not been receiving any brine. He said that Resource Energy has a new owner and he feels that it is time to review the gas well contracts that were made in 1983. He said the OGS amount of salt that he had put in for was 300 tons more than last year, but it should last through the end of this year. He said they had to replace the electric for their well pump as the line broke under the parking lot.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report into the record:
COURT REPORT FOR MONTH OF JANUARY 2018
February 12, 2018 Board Meeting
$26,890.00 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 January, 2018. We opened 311 new cases and closed 188 cases.
Of the $23,583.00 collected by the Court in December, 2017, the Town retained $7,181.50.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his report for those present. He said the Planning Board will be meeting on 2/20/18 this month.
JOHN STOW, DCO
Mr. Stow’s report indicated he had one call for an aggressive dog/neighbor dispute. The owner of the dog has been compliant thus far.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said that 82% (or $2,850,108.00) of the Adjusted Warrant has been received with 18% (or $626,596.00) outstanding.
- MOTION # 23 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)
MOTION # 24 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 # 25 OF 2018
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $36,701.71. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 26 OF 2018
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $97,051.33. MR. SENA SECONDED. YES (3): SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
MOTION # 27 OF 2018
ON A MOTION MADE BY MR SENA, SECONDED BY MR. MCNEILL, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:05 PM.