TOWN OF NORTH HARMONY
SPECIAL TOWN BOARD MEETING
TUESDAY, 5/1/2018, 11:00 AM
FRANK STOW, SUPERVISOR PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
STEVE SENSKE, COUNCILMAN PRESENT
OTHERS PRESENT: Dave Stapleton, Attorney; Nancy Thomas, Town Clerk
- APPOINT STEVE SENSKE AS COUNCILMAN TO FILL TERM OF FRANK STOW
- MOTION # 54 OF 2018
- SENA MOTIONED TO ACCEPT THE RESIGNATION OF STEVE SENSKE FROM THE PLANNING BOARD AND TO APPOINT HIM AS COUNCILMAN EFFECTIVE (5/1/18-12/31/18) TO COMPLETE THE 2018 TERM OF FRANK STOW (1/1/18-12/31/21). MR. MCNEILL SECONDED. YES (4): SENA, MCNEILL, ORTMAN, STOW. NO (0). THE MOTION WAS CARRIED.
Mrs. Thomas administered the Oath of Office to Mr. Senske and he took his position on the board.
It was noted that Mr. Senske will have to run for the remainder of Mr. Stow’s term in the next general election.
- MOTION # 55 OF 2018
- SENA MOTIONED THAT THE TOWN BOARD TAKE LEAD AGENCY STATUS ON THE SEQR/SITE PLAN REVIEW TO CONSTRUCT NEW MUNICIPAL OFFICES/COURT FACILITIES. FURTHER, THE TOWN CLERK IS AUTHORIZED TO SCHEDULE A PUBLIC HEARING FOR THE SEQR/SITE PLAN REVIEW TO BE HELD ON MONDAY, 5/14/18, AT 6:30 PM PRIOR TO THE REGULAR BOARD MEETING. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 56 OF 2018
- SENA MOTIONED THAT THE TOWN BOARD TAKE LEAD AGENCY STATUS ON THE SEQR FOR PROPOSED LOCAL LAW #3-2018, TO AMEND THE ZONING ORDINANCE SECTION 402 – TOURIST COMMERCIAL MIXED USE SUB-DISTRICT (TC-2) USES PERMITTED BY RIGHT, TO INCLUDE MUNICIPAL OFFICES/COURT FACILITIES. FURTHER, THE TOWN CLERK IS AUTHORIZED TO SCHEDULE A PUBLIC HEARING FOR THE SEQR REVIEW TO BE HELD ON MONDAY, 5/14/18, AT 6:30 PM PRIOR TO THE REGULAR BOARD MEETING. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION TO ACCEPT RFP FROM HARRINGTON ARCHITECTURE FOR NEW MUNICIPAL OFFICES/COURT FACILITY AT 6.4%
- MOTION # 57 OF 2018
- MCNEILL MOTIONED TO ACCEPT THE REQUEST FOR PROPOSAL (RFP) FROM HARRINGTON ARCHITECTURE FOR NEW MUNICIPAL OFFICES/COURT FACILTIES AT 6.4% ALLOWING THE BOARD TO REVIEW THE CONTRACT AND AUTHORIZE THE SUPERVISOR AND COUNCIL TO NEGOTIATE THE FINAL CONTRACT TERMS AND SIGN THE FINAL CONTRACT.
Discussion:
Mr. Stapleton said that that the American Institute of Architects (AIA) contract may be up to 20 pages long and those details will have to be worked out between the architect and the board.
MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION TO ACCEPT SLATE OF CANDIDATES FOR CLWMA BOARD OF DIRECTORS 5/2018 ELECTIONS AS RECOMMENDED BY THE GOVERNANCE/EXECUTIVE COMMITTEE: Town/Village – Ted McCague; At-large – Linda Barber; At-large – David Spann
Mrs. Ortman said that the Chautauqua Lake Watershed Management Alliance (CLWMA) has a process by which they select their board.
Mrs. Thomas said she believes that Mr. McCague will be filling the position previously held by Mrs. Carlson. She said North Harmony is a member of the CLWMA and has been involved in this organization since its inception.
- MOTION # 58 OF 2018
- SENA MOTIONED TO ACCEPT THE SLATE OF CANDIDATES FOR THE CHAUTAUQUA LAKE WATERSHED MANAGEMENT ALLIANCE (CLWMA) BOARD OF DIRECTORS 5/2018 ELECTIONS AS RECOMMENDED BY THE GOVERNANCE/EXECUTIVE COMMITTEE: Town/Village – Ted McCague; At-large – Linda Barber; At-large – David Spann. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- SEQR FINDINGS AND RESOLUTION – CHAUTAUQUA LAKE HERBICIDE TREATMENT
Mr. Stow said we have received the statement of SEQR Findings and Resolution for the Town of North Harmony from Rupp-Baase Attorneys.
Mrs. Thomas gave copies of the resolution to those present.
Mr. Stapleton said he had reviewed the materials and had spoken to Anne Bowling of Rupp-Baase. He said his concern was the email she sent him indicated that each agencies decision whether or not to apply herbicides must be consistent with its findings. He said the findings document is a repeat of what the Town of Ellery’s (Lead Agency) findings were. He said Ms. Bowling contacted the DEC this morning and spoke with their general council Maureen Brady who indicated the DEC won’t consider issuing the permit until after 5/15/18. He said he had been assured that the town could wait to make a decision on this until their 5/14/18 meeting. He said even though the public hearing has already been held by Ellery, he felt it would be best to have this on the agenda for the board meeting where the findings could be discussed, and a decision made at that time. He said that the DEC has not yet issued the permit and they may have restrictions attached to it that are not favorable to the intent of the applicants.
Mr. Sena said his understanding is that all we would be doing is accepting the Findings and we still have the option of declining to use the permits if we desire. He said it would make more sense to hold a Public Hearing on this when it is time to make an actual decision on using the permit to spray.
Mr. Stapleton said the Findings do indicate that the town is reserving the right to make a decision on the herbicide spraying.
There was further general discussion.
- MOTION # 59 OF 2018
- SENA MOTIONED TO ADOPT THE TOWN OF NORTH HARMONY SEQR FINDINGS AND RESOLUTION FOR HERBICIDE TREATMENT OF CHAUTAUQUA LAKE ON WATERS IDENTIFIED AND LOCATED IN THE TOWN. FURTHER THE SUPERVISOR IS AUTHORIZED TO SIGN THESE FINDINGS. MRS. ORTMAN SECONDED. MCNEILL: YES; STOW: YES; SENSKE: YES; ORTMAN: YES; SENA: YES. NO (0). THE MOTION WAS CARRIED.
Mr. Stapleton said the required notices to involved agencies will be sent out by the Town of Ellery.
- SITE PLAN FOR NEW MUNICIPAL/COURT OFFICES SURVEY
Mr. Stapleton said that Mike Masters had done a survey of the Mitchell property in 2005. He said the site plan that is being developed by Herrington and the engineering group may require update of that survey that will show distances between the property line and Fire Hall. He said Mr. Masters had also done a topographical survey of the land. He requested that the board authorize an updated survey for purposes of preparation of the Site Plan Review and for submittal to Dormitory Authority NYS (DASNY). Mr. Stapleton said he had long conversations with Meghan Ferrelli, DASNY and two of the financial people at DASNY to describe the project and receive their input as to how they look at the project in terms of disbursements of funds. He gave an unofficial Time/Action line based on those conversations:
- If application is into DASNY within 2 weeks (by Memorial Day) they will send it to the State Senate and Governor’s office for review for final approval. This may take 2-3 months.
- In the interim, the architect will begin to draft drawings on a slow basis (i.e. 2-3 months) so that if State approval is given in August or September, he will be in a position to finalize his drawings quickly and get bids out to contractors (3 weeks to receive bids). Hopefully, our project could be started late September or early October.
- Discussions held with M&T Bank (Doreen Sixby and Laurie Finn) to determine how the town is funding the project while we wait for DASNY funds to come in. DASNY has confirmed that they will reimburse the town for paid receipts generally on a 30-45-day basis. If funding is needed in the meantime, the BAN discussed with M&T Bank will have to be in place. Hopes to get letter from M&T stating their intent on this project.
- MOTION # 60 OF 2018
- SENA MOTIONED TO AUTHORIZE AN UPDATE AS NEEDED OF THE 2005 SURVEY DONE ON THE MITCHELL PROPERTY (SBL# 332.00-2-11) FOR PURPOSES OF THE DORMITORY AUTHORITY STATE OF NEW YORK (DASNY) GRANT AND THE SITE PLAN REVIEW.
Discussion:
Mr. Sena said Mr. Harrington would need something to measure to in order to place the building.
Mr. Stapleton said the Fire Department has a separate deed so there are boundary lines that the building could be measured from. He said Mr. Harrington feels the measurements are easily done and we don’t necessarily need the updated survey to do that but is talking to the Engineers in Buffalo to determine what they would require. He said to the extent we may need it for DASNY, M&T, or anyone else we should have that approval.
- SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
Mrs. Thomas noted that the town has a Capital Reserve fund which can also be used to fund the project as necessary.
- DASNY LETTER OF INTENT FROM TONH THAT THEY INTEND TO ENGAGE THE BANK TO PROVIDE NECESSARY FUNDS FOR THE BUILDING PROJECT
- MOTION # 61 OF 2018
- MCNEILL MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN A LETTER IN AN APPROPRIATE FORM THAT THE TOWN OF NORTH HARMONY WILL ENGAGE M&T BANK FOR A BAN TO PROVIDE NECESSARY CONSTRUCTION FUNDS AS NEEDED FOR THE NEW MUNICIPAL/COURT FACILITIES PRIOR TO ISSUANCE OF FINAL 5 YEAR STATUTORY INSTALLMENT BAN. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
Mr. Stapleton said the concern has been that DASNY may wait until the town had spent $1.7 million dollars before they would reimburse anything. He said they had confirmed with them that that is not the case. He said we have DASNY’s financial checklist that details this and indicates they will reimburse on a monthly basis.
- PRO-RATE CLOTHING ALLOWANCE FOR M.E.O.’S ADAM BRANDI AND TED PUGH
Mr. Stow said these employees have completed their 6 month probationary period and had asked about the clothing allowance. He said he feels it is important for their safety that they have visible clothing. Generally, the highway employees are allotted their clothing allowance of $400.00 on January 1st each year.
- MOTION # 62 OF 2018
- SENA MOTIONED TO PRO-RATE THE CLOTHING ALLOWANCE FOR M.E.O.’S ADAM BRANDI AND TED PUGH AT $200.00 EACH AS OUTLINED IN THE EMPLOYEE HANDBOOK. MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- BUTTS PARK REPAIRS
Mr. Stow asked if we were going to advertise for quotes on the repairs needed to the pavilion at Butts Park. It was discussed, and Mr. Sena said that he feels the pavilion is safe to use this summer and repairs could be made in the fall. He said he would stop and check to make sure.
Mr. Sena said he had previously provided a list of materials needed for the project.
Mrs. Thomas said she would locate the list in the minutes and get a copy to him.
After the meeting, it was found that the Board had already authorized advertisement for bids for the repairs at the October 2017 town board meeting. It was decided by the Supervisor to wait until Spring to place the legal notice.
- HIRE SUMMER MAINTENANCE WORKER
Mr. Stow said there are several maintenance projects that need to be done at the town properties. He said the ramp on the storage building at Ferry Park is rotting and a safety hazard. He said there are other projects that need to be done on this building as well.
Mr. Sena said previously we had advertised and hired a gentleman for the summer who had done repairs and painted and done a great job. He said he would look around and see what the scope of the work needed to be done is and discuss it at the next board meeting.
- BUTTERFLY GARDEN
Mr. Sena said he knows two Chautauqua Lake Seniors who need to do a Conservation project and they have expressed an interest in the Butterfly Garden at the Town Building. He said if the town is agreeable he will have them contact us. He said they will need an outline of the project needs and are covered under the school’s insurance.
- MOTION # 63 OF 2018
MRS. ORTMAN MOTIONED TO AUTHORIZE ACCESS TO TOWN PROPERTY TO WORK ON A BUTTERFLY GARDEN CONSERVATION PROJECT BY TWO CHAUTAUQUA LAKE SENIORS WHO ARE COVERED UNDER THE SCHOOLS INSURANCE. MR SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 64 OF 2018
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 11:55 AM.
Nancy Thomas
Town Clerk
