TOWN BOARD 3/12/2018

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY 3/12/2018, 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:  Brad Lawson, Zoning C.E.O.; Dan Strickland, Highway Sup’t.; Dave Stapleton, Attorney; Robin Miller, Bookkeeper; Howard Peacock, Justice; Clayton & Helen Emick; Anna Sena

•  PLEDGE
•  MINUTES: 2/12/18; 2/16/18; 3/1/18
•  MOTION # 32 OF 2018

1. SENA MOTIONED TO ADOPT THE MINUTES OF THE 2/12/18; 2/16/18; AND 3/1/18, TOWN BOARD MEETINGS AS PRESENTED BY THE TOWN CLERK. MR. MCNEILL SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.

 

• ANNOUNCEMENTS:
• CENTENNIAL COMMITTEE MEETING 4/2/18 AT 4:00 PM, COMMUNITY BLDG.
•  PUBLIC COMMENT:
•  CORRESPONDENCE:
  

1. CHAUTAUQUA LAKE PARTNERSHIP (CLP)

            Mrs. Carlson said CLP had received a request to extend their comment period and have extended it for one week. 

2. HUDSON VALLEY SAFETY ASSOC. – Develop on-site safety plan
   

3. GOVERNOR CUOMO – Early Voting in N.Y.S. – sign petition?

            Mrs. Carlson said no one from the board had requested that the town sign the petition for early voting.

4. SENATOR CATHERINE YOUNG          

5. SPRAY FOAM INSULATION – Brocton, NY
   

6. CHAUTAUQUA COUNTY WATER QUALITY TASK FORCE – Copy of letter to Ellery requesting 90 extension of comment period to review document
   

7. NYMIR – Commending Towns decision to purchase Cyber Security

            Mrs. Carlson said this additional insurance cost approximately $400/year. 

8. CHARTER COMMUNICATIONS – FRANCHISE FEES $1,919.95 @ 3%; $14,367.67 @ 5%
   

9. ASSESSOR – Property transfers for January
   

10. ACCESS CH5

            Mrs. Carlson said the letter indicates they are entering their 23^rd year of operation and they have approximately 5,200 cable TV subscribers.  They aired 246 new locally produced programs and suggested visiting their website.

11. CHAUTAUQUA COUNTY PLANNING – Reply to Municipal Referral on Solar Local Law

            Mrs. Carlson said their letter indicated that the Local Law is a matter of local concern.

12. HEARING FOR FORMER M.E.O. RODNEY THOMS

            Mrs. Carlson said the hearing for the unemployment filing for Mr. Thoms will be scheduled soon.  It was noted that he quit his job with the highway because he wasn’t getting paid enough; it wasn’t because there was no work.

Mr. Sena said if it would cost the town to participate in a hearing it was money wasted.  Mr. Sena said that in his experience, even if it goes to hearing, there is only a small amount of time before they can collect (2 weeks). 

Mrs. Carlson said it may not even be worth it to have a hearing. 

Mr. Strickland said Mr. Thoms would be going back to work in trucking soon.

Mr. Stapleton said he would do the hearing at no charge to the town if needed.

Mr. Strickland said after what we went through with the last M.E.O. he did not believe a hearing would be productive.

• OLD BUSINESS
  

• NORTH HARMONY CENTENNIAL UPDATE

Mrs. Carlson said that the committee has some ideas as to what they would like to do and what will be included.  She said they are thinking of two main events 1) a town picnic and 2) something in conjunction with Harmony Historical Days.  She said a book has been discussed, something like the small Ashville Days booklets just to get the word out for photos and memories.  She said she has received some good memory essays from area residents.  She said that concerts had been mentioned but nothing was definite. 

• TOWN/COURT BUILDING – ADVERTISE FOR ARCHITECT

Mr. Stapleton said the board had been presented with a draft request for proposal (RFP) for architectural services which had been discussed previously at the work session.  He said the document essentially would request proposals by 4/3/18, with decision being made by 4/24/18, and the final version of the agreement between the architects being an American Institute of Architects Association (AIA) contract that would be drafted and agreed upon between the party and the town. 

• MOTION # 33 OF 2018

1. STOW MOTIONED TO ADVERTISE FOR AN ARCHITECT FOR A REQUEST FOR PROPOSAL ON THE CONSTRUCTION OF A NEW TOWN/COURT BUILDING. MRS. ORTMAN SECONDED.

Discussion:

Mr. Sena stated that the town does not intend to provide the cost estimate that appears on the last page of previous documents in this matter.

Mr. Stapleton agreed.

Mrs. Thomas asked for clarification as to the time that RFP’s would be opened and/or disclosed.

Mr. Stapleton clarified that these are not bids but RFP’s.  He said the town can open them on 4/3/18 but will have 21 days to review them prior to a decision.

Mr. Sena clarified that we would strike the portion that indicates “with construction cost estimates”.

Mr. McNeill said we should eliminate the portion indicating “preliminary cost estimates available” in the first and second paragraphs. 

YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.  

            Ms. Sena asked if there was any point in the proceedings where the public would be allowed to vote.

            Mrs. Carlson said not at this point.  She said we certainly consider the opinions of the public and that has an impact.

            Mr. Sena said if there is a large issue, it could possibly go to a public referendum vote at some point. 

• MUNICIPAL ZONING REFERRAL SOLAR LAW – Response from County Planning

Addressed under Correspondence item 11. 

• NEW BUSINESS:
  

• ADVERTISE FOR 5 YEAR BAN

Mrs. Carlson asked Mr. Stapleton if it was time for the town to advertise for a 5-year bond for the new town/court building.

Mr. Stapleton said no that the statutory installment bond is something that has been discussed with M&T Bank and they had indicated that they had some people interested in buying such a bond and you would negotiate with M&T directly for the sale of the bond unless the town decided to hire a consulting firm to try to sell the small bond nationwide.  

• ZONING MAP – COMMERCIAL DISTRICT QUESTION

Mrs. Carlson said it had come to the town’s attention that the zoning map around Wells Bay Road off Rt. 394 had been changed during the restructuring of the Zoning Law in 2014.  She said the C-1 Commercial District beyond Wells Bay on Rt. 394 (which included a 400’ band on either side of Rt. 394) had been changed to R-3 District (on Wells Bay side). 

Mr. Lawson explained that he had given a letter stating that the property was C-1 to the owners of the property on the north side of Wells Bay Rd. on Rt. 394.  He said that he had gone from memory and obviously that was incorrect.  He said if he had noticed he would not have given them the letter.  He said they wanted it to possibly sell the property and/or give the information to other realtors.  He said they now have a buyer for the property and upon looking it up on the new map it is R-3 from Wells Bay Rd. to Victoria.  He said he had brought it up to the Planning Board at their last meeting and all the members agreed that they did not recall changing that to an R-3 District.  He said he is not sure how it got changed except that it was apparently in the Comprehensive Plan.  He said Don McCord, Small Town Planning was the author of both documents and he remembered it.

Mrs. Carlson said she doesn’t know if that is the way we want to leave it or if we should advertise to change it back.

Mr. Lawson said that even though the Comprehensive Plan and the changes to zoning were made perhaps the people and properties affected should be advised prior to those types of changes.  He said when the town had changed some properties south of the interchange to Tourist Commercial; it wasn’t that big of a change.  He said there is a big change when something goes from Commercial to Residential.

Mr. Sena said at the Planning Board meeting Mr. McCord had been asked the question about notifying people of district changes and Mr. McCord had indicated that they don’t need to be notified personally, as they are notified in the newspaper and it is posted at the town.

Mrs. Carlson said common courtesy would demand notification.

Mr. Sena agreed and said in the future they should be notified as to any changes in zoning districts as many do not subscribe to the newspaper.

There was discussion of National Grid which is grandfathered.

Mrs. Thomas noted that in 2014 the town did a complete revision of its Zoning Law.  She said that was when the map was adopted as a part of the local law which was filed with NYS-DOS and the County.  She said if the town wishes to change that map they would need to amend the Local Law to change the Zoning Map.

Mrs. Carlson asked if the Planning Board had expressed any problem with that. 

Mr. Lawson said they did not, but they really hadn’t gotten into changing it.

Mrs. Thomas said Chairman of the Planning Board, Mr. Rice had contacted her indicating that they had no agenda for a meeting on 3/13/18, so there would be no meeting.

After discussion, the board agreed that there should be a meeting to discuss the situation and Mrs. Thomas agreed to contact him and the members of the board regarding this.

Mr. Lawson indicated that the previous C-1 District extended just to the edge of the National Grid property on the lakeside and on the other side it extended all the way to Carpenter-Pringle Rd. 

• ADA ACCESS FOR KAYAK – Perhaps by the Ferry – Interest in being involved. The cost to the town might be?

Mrs. Carlson said she had received a call from Pat Gooch about ADA access for kayaks at Lighthouse Park.  She said he asked if the town might be interested in being involved.  She said he does not know what or if there would be a cost to the town.  She suggested that we wait until we find out about the cost from Mr. Gooch. Mrs. Carlson said Mr. Gooch is with County Planning and she believes he is seeking grant funding for this project.  She said that if not at the Ferry, perhaps Cheney’s Point would be an option.

Mr. Stow expressed concern as to town liability related to the project. He said John Best would be a good choice to review the project.

It was discussed that a kayak accessible dock would be good for the public and tourism.  It was noted that the dock at the Ferry would have plenty of parking for kayakers.  

• ADJUST PAT O’BRIENS TIME – Since not paid for Sick Leave by Workman’s Comp

Mrs. Carlson said she had asked Mrs. Miller to contact Dennis Brookes at the County to find out how that would work out and how long it takes to make their decisions. 

Mrs. Miller said she had not received a settlement date but she was provided with a reimbursement sheet to submit for those wages which are reimbursed at rates similar to unemployment rates. 

Mr. Strickland said the time in question is not a lot, but he shouldn’t lose his time in any case.

Mr. Stow said he believes Mr. O’Brien will need to request a hearing to get a decision. 

• ADVERTISE BIDS FOR 2018 HIGHWAY TRUCKS

            Mr. Strickland said the Superintendents truck is being purchased off the City of Jamestown bid.  He said the other two trucks (3/4 ton and 1 ton) will have to be put out to bid because there are none to piggyback off.  He noted that neither the county nor state is putting out bids for those this year.  He said the trucks they would replace are model 2016 and 2015 and we should get a very good trade in on them. 

            Mr. Sena asked if the trucks were still under warranty.

            Mr. Strickland said it cost very little to keep these trucks new as they are high in demand and all the work on them is under warranty.

• MOTION # 34 OF 2018

1. STOW MOTIONED TO AUTHORIZE THE TOWN CLERK TO ADVERTISE FOR BIDS FOR A ¾ TON HD250 TRUCK AND A ONE TON F-350 WITH A DUMP BODY. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.
   

• CERTIFY 4 HOURS TRAINING PLANNING / ZONING BOARDS
  

• MOTION # 35 OF 2018

1. MCNEILL MOTIONED TO CERTIFY THAT PLANNING BOARD MEMBERS RECEIVED FOUR (4) HOURS TRAINING WITH DON MCCORD, SMALL TOWN PLANNING AND THAT THE ZONING BOARD OF APPEALS MEMBERS RECEIVED FOUR (4) HOURS TRAINING WITH DAVE STAPLETON, TOWN ATTORNEY. MR. STOW SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.
   

• CENTENNIAL TOWN PICNIC – JULY 13, 2019 AT BUTTS PARK

Mrs. Carlson said it was suggested by the two Chairmen, Dan Thomas and Will Ortman that this date be put on the calendar so that people will know well in advance.

• DICK SENA – NORTH HARMONY SNOW TOTAL REPORT 2017-18

After the meeting, Mr. Sena advised that our current snow total is 162”.

• REPORTS:

PIERRE CHAGNON, LEGISLATOR (not present at this meeting due to previous commitment) 

KEVIN OKERLUND, ASSESSOR

            Mr. Okerlund’s report indicated that the exemption filing period ended 3/1/18, but Seniors could continue to file for Enhanced STAR until Grievance Day under the following conditions 1) serious illness 2) death of family member 3) in hospital.  He and Kim will continue to work on valuations in the field. 

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

            Mr. Strickland said winter doesn’t want to quit.  He said the highway will start hauling stone tomorrow for surfacing treating.  He said they are servicing equipment in preparation for summer.  He said there is one issue that will have to be addressed this year and that is the bridge on Ramsey Road that the town owns.  He said he is in the process of determining what needs to be done and the bridge will have to be closed during that time.  He said Lex from the county is working on it with him.  He said he plans to get oil and blacktop down early this year. 

            Mr. Stow asked if he had included the bridge in his budget.

            Mr. Strickland said no, but he feels he will be able to deal with it.  He said he would report on this again at next month’s meeting.

HOWARD PEACOCK, JUSTICE

            Mr. Peacock read his report for those present.

COURT REPORT FOR MONTH OF FEBRUARY 2018

March 12, 2018 Board Meeting

$39,093.00 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 February, 2018.  We opened 316 new cases and closed 254 cases.

Of the $26,890.00 collected by the Court in January, 2018, the Town retained $11,061.00.           

            Mr. Peacock said the lock on the rear court door is sloppy and should be looked at. 

            Mr. Sena said he would look at it. 

BRAD LAWSON, ZONING C.E.O. (Copy of report in minute book)

            Mr. Lawson reviewed his report for those present.

NANCY THOMAS, TOWN CLERK (Copy of report in minute book)

            Mrs. Thomas said she had nothing to add to her written report, but she would like to request that the board authorize a Rabies Clinic for the town this year and authorize a Dog Census as well.  She said she does not have specific times at this point as she would need to discuss it with the DCO. 

            Mr. Sena asked when the last census was conducted.

            Mrs. Thomas said it had been about 7-8 years since our last census.

• MOTION # 36 OF 2018

MRS. ORTMAN MOTIONED TO AUTHORIZE THE TOWN OF NORTH HARMONY TO HOST A RABIES CLINIC AND CONDUCT A DOG CENSUS.  MR. STOW SECONDED.  YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED. 

            Mr. Stow volunteered to help at the clinic.

• MOTION # 37 OF 2018

1. MCNEILL MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED.  MRS. ORTMAN 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 # 38 OF 2018

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 # 39 OF 2018

942. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $34,942.56. MR. SENA SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.
     

• MOTION # 40 OF 2018 

159. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $34,159.84. MRS. ORTMAN SECONDED. YES (5): STOW, SENA, MCNEILL, ORTMAN, CARLSON.  NO (0).  THE MOTION WAS CARRIED.
     

• MOTION # 41 OF 2018

ON A MOTION MADE BY MR SENA, SECONDED BY MR. STOW, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 7:50 PM.

Nancy Thomas

Town Clerk