TOWN OF NORTH HARMONY
PUBLIC HEARING
MONDAY, 5/14/2018, 6:30 PM
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; Clayton & Helen Emick; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk
- PUBLIC HEARING 6:30 PM
- SEQR/SITE PLAN REVIEW TO CONSTRUCT NEW MUNICIPAL OFFICES/COURT FACILITIES
Mr. Stow called the Public Hearing to order.
Mr. Stapleton said that a Site Plan has been prepared and sent to the board members for review. He said the building and parking areas had been adjusted to accommodate the Justice’s entrance on the west side of the building. He said in discussions with the Supervisor it was determined that there is a 50’ wide area along the Fire Departments boundary line running parallel to the towns property line. He said the line is diagonal to Stow Rd. and there is a dirt drive way allowing the Highway Department access to the rear of the building. He said for purposes of possible future development on the back acreage owned by the town, a 50’ wide area for purposes of dedicating a public road needed to be reserved. He said this has required that the Architect and FoitAlbert move the building back to the west to accommodate the driveway and 50’ required setback allowed by zoning. He said if the building had been kept in line with the AFD, it would require an electrical pole be in the asphalt drive going to the building and that was the reason for moving the building back. He reviewed the dimensions of the building and the rest of the site plan. He asked if there were any questions about the drawing and the civil plan.
- SHORT ENVIRONMENTAL ASSESSMENT FORM
Mr. Stapleton reviewed the entire SEAF for those present. Following are changes/corrections made to the form.
- Part 1 – Project Information
3a. Acreage was changed to approximately 12+ acres (see topo map)
8b. Answer changed to “yes” for CARTS Buses
- Part 2 – Impact Assessment
No changes identified
- Part 3 – Determination of Significance
- MOTION # 65 OF 2018
- MCNEILL MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ON THE SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) FOR THE SITE PLAN FOR THE PROPOSED NEW MUNICIPAL OFFICES/COURT FACILITIES. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 66 OF 2018
MRS. ORTMAN MOTIONED TO ADOPT THE SITE PLAN PRESENTED BY FOITALBERT FOR THE PROPOSED NEW MUNICIPAL OFFICES/COURT FACILITIES. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
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- PUBLIC HEARING
- 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
Mr. Stapleton said that Mr. Lawson prepared a Short EAF for an Amendment to the Zoning Ordinance for the location of the new Municipal Offices/Court Facilities. He said the land had been previously zoned Commercial and was now zoned TC-2. He said the matrix for TC-2 had in error not included “Municipal Offices/Court Facilities” by right which had been a major reason the town had purchased the property many years earlier. He said the local law essentially amends the Zoning Ordinance Section 402 – Tourist Commercial Mixed-Use Sub-District (TC-2) Uses Permitted By Right, to include Municipal Offices/Court Facilities.
- SHORT ENVIRONMENTAL ASSESSMENT FORM
Mr. Stapleton reviewed the entire SEAF for those present. Following are changes/corrections made to the form.
- Part 1 – Project Information
No changes identified
- Part 2 – Impact Assessment
No changes identified
- Part 3 – Determination of Significance
- MOTION # 67 OF 2018
MRS. ORTMAN MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ON THE SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) FOR THE ADOPTION OF 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. MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 68 OF 2018
- SENSKE MOTIONED TO ADOPT 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. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 69 OF 2018
ON A MOTION MADE BY MR. SENSKE, SECONDED BY MR. MCNEILL, AND NONE BEING OPPOSED, THE PUBLIC HEARINGS WERE ADJOURNED UNANIMOUSLY AT 6:55 PM.
Nancy Thomas
Town Clerk
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 5/14/2018, 7:00 PM
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; Clayton & Helen Emick; Robin Miller, Bookkeeper; Brad Lawson, Zoning C.E.O.; Dan Strickland, Highway Sup’t.; Tom & Jared Anzalone; Susan Hayden; Louis Rieg; Pierre Chagnon, Legislator; Lydia & Jubal Samuelson; Lucia Sena; Nancy Thomas, Town Clerk
- PLEDGE
- MINUTES: 4/9/18 & 5/1/18
- MOTION # 70 OF 2018
MRS. ORTMAN MOTIONED TO ADOPT THE MINUTES OF THE 4/9/18 AND 5/1/18 BOARD MEETINGS AS PRESENTED BY THE TOWN CLERK. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- ANNOUNCEMENTS:
- MEMORIAL DAY SERVICE TO BE HELD SUNDAY, 5/27/18, 1:30 PM AT VETERANS PARK IN ASHVILLE
- GRIEVANCE DAY – WED. 5/23/18, 3-5 PM & 6-8 PM AT TOWN OF CHAUT. OFFICES
- NORTH HARMONY CENTENNIAL COMMITTEE MEETING MON. 6/4/18 4:00 PM
- PUBLIC COMMENT:
- DAVE MUNSEE – REQUESTING PERMISSION TO PLACE SWEET CORN STAND AT 4 CORNERS IN ASHVILLE
Mr. Munsee provided the Town Clerk with a copy of his liability insurance certificate as he has in the past.
- MOTION # 71 OF 2018
- SENA MOTIONED TO GRANT PERMISSION TO DAVE MUNSEE TO PLACE HIS SWEET CORN STAND AT TOWN PROPERTY LOCATED AT THE 4-CORNERS IN ASHVILLE UNDER THE SAME CONDITIONS AS PREVIOUS YEARS. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- TOM AND JARED ANZALONE – PLANS FOR PROPERTY LOCATED AT I-86 PANAMA-CHAUTAUQUA EXIT
Mr. Lawson said the Anzalone’s want to present to the board their plans for moving their business 3-Seas to their property in North Harmony. He said because the proposed building size is over 5,000 sq. ft. the Town Board will be hearing the site plan review and special permit application for that building.
Mr. Anzalone said that their business 3-Seas Recreation will be moving out of its location in Mayville because the Webb’s who own the property have hotel plans for it. He said last year they had put up a storage building on their property and hopefully this summer they will be building another pole building to move their shop to. The building will be 40’x132’ which will encompass a show room and offices. He presented a preliminary drawing to the board and said they hope to have more complete plans for the board’s approval at the next meeting as they are currently working with an architect.
Mr. Sena asked how large the property is.
Mr. Anzalone said it is 11 acres.
Mr. Sena asked if there were any future plans to locate more buildings there.
Mr. Anzalone said maybe more storage buildings for boats.
Mr. Sena said it would be helpful if the site plan could show all existing and future planned buildings.
Mr. Anzalone agreed. He said the current storage building is further in the back of the property, but the show room will be closer for visibility. He said there is currently a well on the property and they hope it is usable.
- SUSAN HAYDEN – RESIDENT LAKELAND AVE. IN FAVOR OF HERBICIDE TREATMENT
Ms. Hayden said she had property on Lakeland Ave. in Stow and she is speaking on behalf of herself and her neighbors; Mr. Axel, Mr. Bratton, Mr. & Mrs. Griffin who all own property on the lake front. She said they represent a substantial tax base in the town. She said their lake front is only about 2-3 ft. deep around 100’ into the lake and is choked with weeds and this restricts use of boats at their docks. She said algae is extremely pervasive and swimming is not practical or safe. She said they would like to speak in favor of the use of herbicide treatment on the lake and said if that is to be accomplished it must be done quickly before full summer usage for fishing and recreation as all of them have children on site. She said they are dedicated to being on Chautauqua Lake and thanked the board for their time.
Mr. Stow said at this time the decision is in the hands of the DEC.
- CORRESPONDENCE:
The following correspondence has been received by the Supervisor and is available for review:
- SMART 911
Mr. Stow said this service is to assist Emergency Staff in locating persons who do not have land phone lines. He said by registering your address and cell phone information with SMART 911, Emergency Services can better locate you in the event of an emergency. The website to register is www.Smart911.com and this is very helpful to first responders.
- THANK YOU, LETTER – DAVID GROTH
- ASSOCIATION OF TOWNS (AOT) – Certification 2018 NY State Town Priorities
- CLWMA – Chautauqua Lake Watershed Management Alliance – 5 Year Implementation Strategy for Management of Chautauqua Lake
- WESTERN NY REGIONAL ECONOMIC DEVELOPMENT COUNCIL – 8TH ROUND FOR GRANT FUNDING OPPORTUNITIES
- CHAUTAUQUA CO. DEPT. OF FINANCE – Workman’s Comp Exit Liability for TONH – $169,191 – 2018 Comp $68,539 (2017 Comp $76,363)
- NYS DOT – CHIPS – AMEND 2018 BUDGET CHIPS ($139,346.83) TO INCLUDE PAVE NY ($31,807.30) AND EWR ($26,348.14) totaling $58,155.44
- MOTION # 72 OF 2018
- SENSKE MOTIONED TO AMEND THE 2018 CHIPS BUDGET IN THE AMOUNT OF $58,155.44 TO INCLUDE FUNDS RECEIVED FROM PAVE NY ($31,807.30) AND EMERGENCY WINTER RECOVERY (EWR) FUNDS ($26,348.14). MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- CHAUTAUQUA CO. DIVISION OF TAXATION – NOTICE OF 2018 TAX FORCLOSURES
- ASSESSOR – MARCH PROPERTY TRANSFERS
- CHAUTAUQUA WATERSHED CONSERVANCY (CWC) – CHAUTAUQUA LAKE CLEANUP – Scheduled for Sat. 5/19/18
- CHAUTAUQUA LAKE PARTNERSHIP (CLP) – Requesting Emergency Funding from County of $300,000.00
- CHAUTAUQUA CO. FINANCE – SALES TAX $140,672.04 (receipts to date $288,694.95)
2017 SECOND QTR. $132,422.75 ($271,524.28)
- JONATHAN ANDERSON – REQUEST REVIEW OF SPEED LIMIT ON STONELEDGE RD.
Mr. Stow said Mr. Anderson wants the speed reduced to 35mph from Alexander Rd. to the area where the blue tanks are located.
- DICK SENA – SNOW REPORT – November, 2017 thru April, 2018 200 ½ INCHES
- OLD BUSINESS
- ZONING OF GRICE PROPERTY AT CORNER RT. 394 AND WELLS BAY RD.
Mr. Lawson said the Planning Board had reexamined the Grice request and still felt that a change from the R-3 District to the TC-2 was the right decision. He said looking at the C-1A District “general retail” is not allowed by right or by special permit. He said he wasn’t sure the Grice’s were aware of that. He said in the TC-2 District that is permitted by Special Use permit. He said he thinks there should be more discussion about this.
Mr. Sena said the Planning Board was very clear that TC-2 was their recommendation for the property.
Mr. Senske agreed and said the Planning Board felt that the options under the TC-2 District were enough that any further adjustments did not need to be made. He said the reasons they had gone with the TC-2 designation were valid and that was their final recommendation.
There was further general discussion of the provision in the TC-2 District as it relates to the type and appearance of structures in that district.
- RABIES CLINIC / DOG CENSUS
Mrs. Thomas said she had spoken to DCO, John Stow and they are making plans to have a Rabies Clinic in September 2018 (no specific date yet) with a Dog Census to follow immediately after.
- BIDS FOR HIGHWAY TRUCK – 2018-19 ONE TON 4 WD F350 REGULAR CAB DUAL REAR WHEEL CAB/CHASSIS WITH 9’ DUMP BODY
One bid received from McFadden Ford dba Ed Shults Ford truck price: $31,035.00
Dump body: $13,840.00
Trade allow.: -$30,170.00
TOTAL COST: $14,705.00
Mr. Strickland said this price included the plow.
Mr. Sena asked what year the trade in was.
Mr. Strickland said it is a 2016.
- MOTION # 73 OF 2018
- MCNEILL MOTIONED TO ACCEPT THE BID OF MCFADDEN FORD DBA ED SHULTS CHEVROLET FOR A 2019 ONE TON 4 WD F350 REGULAR CAB DUAL REAR WHEEL CAB/CHASSIS WITH 9’ DUMP BODY AND PLOW AT A TOTAL COST WITH TRADE ALLOWANCE OF $14,705.00. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- BUTTS PARK PAVILION
Mr. Sena said he had looked over the pavilion and it is certainly safe to use this summer.
Mrs. Thomas said she had found the motion made in October 2017 authorizing bids for the reconstruction of the pavilion. She said the reason the legal for bids had not been sent out was because Mrs. Carlson had felt it was best to do that in the spring. Mrs. Thomas said she would go ahead and place the legal for the bids.
- TOWN STORAGE BUILDING RAMP AT LIGHTHOUSE PARK
Mr. Sena said the ramp is completely rotten and asked if it could be removed before someone gets hurt. He said eventually the ramp could be replaced.
Mr. Strickland said he would take care of it while they are down working on the Lighthouse.
Mr. Sena asked how the Lighthouse project is progressing at BOCES.
Mr. Strickland said when he was there a couple of weeks ago, they had the siding about half done.
It was discussed that although initially the plan was to side the lighthouse after it was placed at the park, BOCES had devised a plan and were proceeding with the siding at their site. There was brief discussion of how to transport it to the location.
Mr. Stow asked about the brass plaque of Jess Present that was on the lighthouse.
Mr. Strickland said he has no idea where the plaque went but would check with Chris O’Brien. After further discussion it was determined that the plaque had probably been lost when the old lighthouse was demolished.
Mr. Stow said that Roland Kidder has spoken to the Present family and they have no objection to having the Lighthouse renamed “The Lady of the Lake” in honor of Sally Carlson.
- NEW BUSINESS:
- ADOPT 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
Action was taken during the Public Hearing Portion of the meeting.
- MOTION FOR APPROVAL OF SITE PLAN AFTER REVIEW FOR NEW MUNICIPAL/ COURT OFFICES
Action was taken during the Public Hearing Portion of the meeting.
- APPROVAL OF HERRINGTON ARCHITECTURE CONTRACT FOR NEW MUNICIPAL/COURT OFFICES
Mr. Stapleton said since the board is still tweaking the contract it will have to be taken up at another time, unless the board feels comfortable directing the supervisor and attorney to finalize the language and authorize the supervisor to sign the document. He asked if the board had any language or last-minute changes to let him or Mr. Stow know so that there is no conflict.
- MOTION # 74 OF 2018
MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR AND ATTORNEY TO FINALIZE THE LANGUAGE OF THE HERRINGTON ARCHITECTURE CONTRACT FOR NEW MUNICIPAL OFFICES/COURT FACILITIES; FURTHER AUTHORIZATION WAS GIVEN TO THE SUPERVISOR TO SIGN THE CONTRACT AFTER REVIEW.
Discussion:
Mr. Stapleton said he would work with Mr. Stow to create the final document and share it with the board. He said if there are any concerns at that time the board should let them know prior to signature.
- MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- TOWN OF NORTH HARMONY PLANNING BOARD – VACANCY
Mr. Stow said there is a Planning Board vacancy and requested Executive Session to discuss that.
The board and Attorney entered Executive Session at 7:32 PM.
The board returned from Executive Session at 7:57 PM and the regular meeting resumed.
Mr. Stow requested that the Town Clerk place a legal in the Post Journal requesting a letter of interest no later than 5/31/18 from persons interested in the Planning Board Vacancy. He said the board would review those letters and act at the next meeting.
- APPOINT LOUISE ORTMAN AS TONH DEPUTY SUPERVISOR
Mr. Stow said he has appointed Louise Ortman as Deputy Supervisor.
Mr. Sena said he would like to discuss that. He said in the Town Law Manual it states the Supervisor has 5 days to appoint a deputy. He said he and Mr. Stow had a discussion and Mr. Stow had indicated that he wanted to wait until the next Town Board meeting to make the appointment. He said Mr. Stow had then appointed Mrs. Ortman the next day which was far beyond the 5 days allowed. He said there was no chance for the board members to discuss this.
Mr. Stow said the law states that the Deputy Supervisor serves at the pleasure of the Supervisor.
Mr. Sena read further Town Law indicating that if the Supervisor does not appoint a Deputy within 5 days the Town Board may make that appointment. He expressed his concern and displeasure that the board was not given the chance to discuss this. He said he had been informed of the appointment by a piece of paper folded in his box after the last Special Meeting on 5/1/18, at which the matter was not brought up.
Mr. Stow said he had put the notice of appointment in Mr. Sena’s mail box.
Mr. Sena said this should have been discussed face to face with all the board.
Mrs. Ortman said perhaps this should be discussed in Executive Session.
Mr. Sena said that it did not require that.
Mr. Stow said he stands by his appointment.
Mr. Sena said the Town Law Manual Sec. 218 indicates that Mr. Stow did not follow Town Law and the board was given no chance to talk, discuss, bring up points or vote on the matter.
Mr. Stapleton said the law has not been broken and he does not interpret the Section the same way Mr. Sena interprets it, but Mr. Sena is entitled to his opinion. He said at this point Mr. Stow has appointed Mrs. Ortman, as is his right, and as the Town Board took no action to appoint anyone else and it is a done deal.
Mr. Sena said the board was given no opportunity to take any action as they were not told. Mr. Sena said that Sec. 216 b-1. States that the Town Supervisor may not unilaterally act on behalf of the Town Board. Each Town Board Member has the same authority as any other board member. Further, Sec. 2-17a. states the Town Supervisor has no more authority than any other individual Town Board Member.
Mr. Stapleton said unless there is something in the law that says he does and Mr. Stow acted in accordance with that.
- M.E.O.’S TED PUGH & ADAM BRANDI – PROBATIONARY STATUS TO PERMANENT AND $1/HR RAISE ($17/HR $25.50/OT)
- MOTION # 75 OF 2018
ON A RECOMENDATION MADE BY THE HIGHWAY SUPERINTENDENT MRS. ORTMAN MOTIONED TO GRANT PERMANENT EMPLOYMENT STATUS WITH ALL BENEFITS AS STATED IN THE EMPLOYEE HANDBOOK TO M.E.O.’S TED PUGH AND ADAM BRANDI. FURTHER, A $1/HR RAISE WAS AWARDED TO BOTH ($17/HR) ($25.50/OT). EFFECTIVE IMMEDIATELY MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- ATTORNEY’S FEES FOR NEW BUILDING PROJECT
Mr. Sena said with the new building project the town will acquire more attorney fees than normal.
He asked that any attorney fees associated with the building project be billed separately so that an account can be kept of that and that those fees can be taken from our designated Capital Reserve fund monies for the project and the regular budget for the attorney is not exceeded.
Mr. Stapleton said he gives the town itemized bills currently and has no problem with breaking out the costs for the building in the same fashion as he does with Bond Anticipation Notes. He said it makes sense if you are keeping track of all expenses for a particular project and if the board wishes him to do that, he will be happy to do so.
Mrs. Miller said if the board is going forward with this, she needs authorization to start a Capital Reserve Checking account as she had discussed previously with the Supervisor.
Mr. Sena agreed and said we need to do that because Mr. Harrington has requested $15,000 down on Architectural services.
Mr. Stow asked if the request for Mr. Stapleton required a board motion.
Mr. Stapleton said no, he would do that.
- MOTION # 76 OF 2018
- SENSKE MOTIONED TO AUTHORIZE THE SUPERVISOR TO ESTABLISH A CAPITAL RESERVE CHECKING ACCOUNT FOR PAYMENT OF BILLS ASSOCIATED WITH THE MUNICIPAL OFFICES/COURT FACILITIES PROJECT. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- APPRAISALS, SALES AND POTENTIAL LOGGING OF TOWN PROPERTIES
Mr. Sena said he feels it is time to liquidate certain town properties so that monies realized from those sales could be used to help finance the new building project; keep the town debt down and get out of the rental business. He said currently forestry and logging are at a high point and ash tree prices are very high. He said he spoke to a forester and in 5 years, those ash trees will be worthless as they will have been destroyed by the Emerald Ash Borer. He said the area around Butts Park has been logged and perhaps the park itself should be logged for its health and regrowth. He said we have numerous properties, including 60 acres at the gravel pit on Panama-Stedman Rd. He said the town had discussed logging the gravel pit in February 2016 and he feels now would be a good time to pursue that action. He said this would give us a clear inventory or what we have; an inventory of what we can disperse; and any revenues recognized can be put into the Capital Reserves to fund the building project.
- MOTION # 77 OF 2018
- SENA MOTIONED TO ENGAGE AN APPRAISER TO APPRAISE CERTAIN TOWN PROPERTIES (EXCLUDING THE COMMUNITY BUILDING AND MITCHELL PROPERTY) FOR POSSIBLE SALE AND TO PLACE ANY FUNDS REALIZED INTO THE CAPITAL RESERVE ACCOUNT TO FUND THE NEW MUNICIPAL OFFICES/COURT FACILITIES PROJECT. MRS. ORTMAN SECONDED.
Discussion:
Mr. Senske asked if any of the property for sale is also property that will be logged as that would obviously have a large impact on the price.
Mr. Sena said no, Butts Park would not be for sale.
There was discussion about which properties should be appraised. It was discussed that an inventory would be advantageous. There was discussion that a survey should be done on the Mitchell property to divide the house from the rest of the land.
YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 78 OF 2018
- SENA MOTIONED TO ENGAGE FORECON FORESTRY SERVICE TO PERFORM A PRELIMINARY STUDY ON TOWN OWNED PROPERTIES BUTTS PARK AND THE GRAVEL PIT LOCATED ON PANAMA-STEDMAN RD. FOR THE PURPOSE OF LOGGING AND SALE OF TIMBER. MR. SENSKE SECONDED.
Discussion:
Mr. Stapleton said that he had a client that had used Forecon and they were very expensive.
Mr. Sena said Forecon was the least expensive of the companies he had spoken with at 10% maximum. Mr. Sena said there is no cost for the preliminary study. They come back to you with a contract and discuss what you want to do and how much you want to cut; they put it out to bid and ensure that all loggers are bonded and insured, and the town would choose which bid to accept. When the contract is signed they will inspect 3-4 times throughout the process and that is all included in the cost, which does not exceed 10%.
Mr. Emick said they usually handle all the advertising of the timber and if it is advertised in the Wall Street Journal you can often realize very large profits.
YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
BOARD TRANSPARENCY IN FUTURE APPOINTMENTS
Mr. Sena said he would like to see the board have a little more transparency, certainly with appointments. He said the town had advertised for the vacancy on the Town Board and 5 people were interviewed. He said 8 people had applied for the vacancy. He said it was a disservice to the people who were not interviewed. He said he had received a letter from one person who was upset about that.
Mr. McNeill said the 5 who were interviewed had responded by letter in the time allowed. He said they had established when the meeting would be and the other 3 must not have responded in time.
Mr. Sena said they had responded with letters hand delivered to Mr. Stow.
Mr. McNeill asked if the letters were received on time.
Mr. Sena said yes and that he has a copy of one.
Mr. Stow said he had reviewed the letters and had rejected 3 of them for particular reasons. He said he felt he had done the best he could for the town. He said he had spoken to Mr. Sena about this.
Mr. Sena said he had contacted Mr. Stow and told him he was upset over the decision and had asked Mr. Stow to reconsider. He said those people should have had a chance because the position was publicly advertised. He said the decision to exclude these 3 people was not a board decision.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the April 2018 Legislature meeting:
- We received the County Executive’s State of the County address. In George Borrello’s first 100 days in office he visited 107 businesses that spanned the county in almost every sector of business from small start-ups to our largest employers; from restaurants and gift shops to advanced manufacturing facilities and the latest in cutting-edge technology. Of the 107 businesses he visited more than 75% have open positions; a total of 767 open positions. This number does not include jobs that will be created by Athenex. Despite the fact these jobs pay well, 76% of the companies said they have difficulty filling positions. The problem is foremost a lack of skilled workers, but also the problem of people not being able to pass a drug test and not showing up to work every day.
George has changed the narrative for economic development initiatives. In the past, we have put too much emphasis on recruiting new businesses and not enough on retention and growth of our existing companies. To be successful he plans to shift education pathways and training initiatives, develop a soft skills certification program, establish better communication between our employers and educational training institutions, and bring all of the stakeholders who are working on the drug epidemic together in one group including education and prevention, law enforcement, healthcare, and rehabilitation and recovery stakeholders. This initiative has the potential to define his administration.
- We passed a Local Law establishing an online Animal Abuser Registry that will contain the names and residence information of all Animal Abuse Offenders living in Chautauqua County who are convicted of an animal abuse crime. No Animal Shelter, Pet Seller, or other person or entity located in Chautauqua County shall sell, exchange or otherwise transfer the ownership of any animal to any person having resided in Chautauqua County and listed as an Animal Abuse Offender on the Animal Abuser Registry, nor shall such Animal Abuse Offender be allowed to retain possession of any currently owned animals. This does not apply to Farm Animals for farmers, or to Service Animals for people with disabilities.
- We passed a Local Law amending the Chautauqua County Charter, transferring the administration, organization, and supervision of the County Coroners from the Legislature to the Executive Branch of County Government, specifically the Public Health Director. The Legislature will retain the authority to confirm appointments of all County Coroners.
KEVIN OKERLUND, ASSESSOR
Mr. Stow said the report indicated that change of assessment notices had been mailed to all property owners that had any changes in their valuation. He gave the date and time for Grievance Day (see Announcement). The tentative roll has been filed at the county and a link to the roll has been placed on the town website.
Mrs. Thomas said if your assessment had not changed you would not receive a notice, but if you feel your current assessment is not valid, you can still engage in the Grievance process.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said they had completed half of their sealing and would finish with the counties help the week after Memorial Day weather permitting. He said they will be blacktopping and nova-chipping next week as weather allows.
Mr. Sena said some neighbors had asked about trees down from recent storms.
Mr. Strickland said he is aware of this and they will work on it as soon as they are able.
Mr. Sena asked him about an invoice from Steve Carlson for $2,300.00.
Mr. Strickland said this was for rental of Mr. Carlson’s excavator to do the stream bank stabilization project. He said the town does not have a track excavator or pump.
Mr. Sena said there needs to be more detail on the invoice and a certificate of insurance on the machine to make sure the town is protected.
Mr. Strickland said he is saving the town a great deal of money by going this route. He said he is sure that Mr. Carlson is insured.
There was further discussion of the issue as it relates to town liability.
HOWARD PEACOCK, JUSTICE
COURT REPORT FOR MONTH OF APRIL 2018
May 14, 2018 Board Meeting
$40,948.50 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 April, 2018. We opened 377 new cases and closed 238 cases.
Of the $40,948.50 collected by the Court in April, 2018, the Town retained $12,727.50.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson said 3 permits were issued for a total of about $180.00. He said they are replacing antennas on cell towers in the town with smaller ones and placing generators on location. He said the Planning Board had discussed the TC-2 District; violations/penalties; accessory structures. He said the accessory structure law is good, especially on the lake front, but it did not really take into consideration the size of the structures. He said most of the time the lot size restricts the size, but recently there have been a couple of cases where the lot is larger, and the accessory structure is really large. He said permitting is still slow. He said there is a large addition proposed on Victoria Rd., and at least 2 new homes in the works.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 79 OF 2018
MRS. ORTMAN MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
FRANK STOW, SUPERVISOR (Copy of report in Minute Book)
- MOTION # 80 OF 2018
- MCNEILL MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
MOTION # 81 OF 2018
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $29,537.85. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 82 OF 2018
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $66,001.71. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
MOTION # 83 OF 2018
ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MRS. ORTMAN, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 9:00 PM.
Nancy Thomas
Town Clerk
