TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 6/11/2018, 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: Jerry & Jane Grice; Doug Bush, Endurance Factor; Boice Lydell; Louis Rieg, Planning Board; Dave Stapleton, Attorney; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Clayton & Helen Emick; Brad Lawson, Zoning CEO; Stephanie Gibbs, Deputy Town Clerk; Nancy Thomas, Town Clerk
- MINUTES: 5/14/18 & 5/24/18
- MOTION # 84 OF 2018
- MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 5/14/18 AND THE 5/24/18 TOWN BOARD MEETINGS AS SUBMITTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- NORTH HARMONY CENTENNIAL MEETING THURSDAY, 8/6/18 AT 4:00 PM
- PUBLIC COMMENT:
- DOUG BUSH, ENDURANCE FACTOR – 4 FOR 44 RELAY ON RT. 394, 9/9/2018
Mr. Bush said the town had allowed the race last year. He stated that the town will be named as a co-insured on the liability policy.
- MOTION # 85 OF 2018
- SENA MOTIONED TO ALLOW THE 4 FOR 44 RELAY SPONSORED BY DOUG BUSH, ENDURANCE FACTOR, ON RT. 394 ON 9/9/18, WITH THE STIPULATION THAT THE TOWN RECEIVE A COPY OF THE CERTIFICATE OF LIABILITY INSURANCE NAMING THE TOWN OF NORTH HARMONY AS A CO-INSURED PRIOR TO THE RACE. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- BOICE LYDELL – COMPLAINT ABOUT GRIEVANCE BOARD OF ASSESSMENT REVIEW
Mr. Lydell said he has owned property on Hoag Rd. in Ashville for about 40 years which is basically swampland and floods frequently. He said a portion of his property is also landlocked with no roadside access. He said his assessment has continued to rise over the years to the point that he filed for relief under the grievance process. He said he had filed the forms required, provided photos, and maps and met with the Board of Assessment Review. He said it appeared that they agreed with him that the property was over assessed. He said that subsequently he received a letter from the Assessor stating that “supporting data was insufficient” and no relief on assessment was given. Mr. Lydell said he was very upset that the board was not specific on what was lacking on his application.
Mr. Sena asked Mr. Lydell if he had supplied any comparable properties.
Mr. Lydell said no, but he had provided a photo of the shed that is assessed for $7,000.00. He said it has no septic, water or electric.
There was further general discussion.
Mr. Rieg asked how the land was classified. He said there are classifications for swamp land or land that is not usable. He said Mr. Lydell should ask the Assessors office for a copy of his property description.
Mr. Emick, a member of the Board of Assessment Review, said that Mr. Lydell was not prepared when he came to Grievance. He said that they had to wait for him to complete the paperwork for his application and he was still filling it out during the hearing. He said if the applicant had an appraisal the case would have probably come out differently.
The following correspondence has been received by the Supervisor and is available for review:
- CHAUTAUQUA CO. DEPT. OF FINANCE – Mortgage Tax received $13,559.98 (6/17 $21,204.60) (12/17 $29,759.30)
- NYS-DEPT. OF TAXATION – TENTATIVE EQUALIZATION RATE 98.80%
- CHAUT. CO. PLANNING – Municipal Referral Site Plan Approval & Local Law #3-2018 Zoning Ordinance Amendment TC-2 District – Both a matter of local concern
- NYS-DOT – Grant funding available of $100,000,000 for Transportation Alternatives Program (TAP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ)
- CHAUTAUQUA LAKE WATERSHED MANAGEMENT ALLIANCE (CLWMA) – Educational sessions with Roger Tory Peterson Inst. And Evergreen Outfitters on Invasive Lake Species
- BUSTI ZBA – Notification of Area Variance request for garage bordering TONH at 94 Goose Creek Road
- MULTIPLE CORRESPONDENCE REGARDING HERBICIDE APPLICATION ON CHAUTAUQUA LAKE
- CHARTER COMMUNICATIONS – Loss of a channel and Franchise agreement
- NYS-DOS _- Notification of Filing of Local Law #3-2018 Zoning Amendment TC-2 District change for New Municipal/Court Facilities
- OLD BUSINESS
- CO. PLANNING – Patrick Gooch – Request for Resolution Authorizing Participation in Kayaks along Chautauqua – (cash contribution by TONH not to exceed $10,000.00)
Mr. Stow asked if Mr. Longley from Planning was present to speak regarding the request.
Mrs. Thomas said he is not. She said Mr. Gooch has left the Planning Dept. and Mr. Longley has taken his place on this project.
Mr. Stow explained and showed a photo of the ADA accessible dock that the county is seeking grant funding for in fiscal year 2019. He said they would like an agreement for in-kind services and a cash contribution of not more than $10,000 from the Town. He said at this time with the new Municipal Offices/Court Facilities building project he does not feel we have the budget funding for this.
The other board members agreed.
Mrs. Thomas said the town dock at the Ferry landing is already handicap accessible.
Mr. Sena said there is really no place on our current dock that the addition of an accessible area for kayaks/canoes would fit.
Mrs. Miller asked if there are other areas on Chautauqua Lake where these docks will be installed.
Mr. Stow said he believes the other docks are planned for Lake Erie, but they are approaching other towns/villages on Chautauqua Lake for participation. He said the cost estimate given for the ADA accessible dock is $31,350.00.
Mr. Senske said perhaps it should be tabled until further information is gathered.
May XX, 2018
Authorizing Participation in Kayaks along Chautauqua
WHEREAS, the City/Town/Village of XX has been invited to participate in a grant application titled Kayaks along Chautauqua; and
WHEREAS, Kayaks Along Chautauqua is a multi-community grant application led by the Chautauqua County Department of Planning and Development to purchase and install ADA-Accessible kayak launches in multiple communities on Lake Erie and Chautauqua Lake; and
WHEREAS, such participation will require a dedicated spot to launch kayaks and other non-motorized small watercraft along the Lake Erie shoreline on municipal property, in-kind work by the City/Town/Village of XX Department of Public Works to prepare the site, and local financial contribution from the municipalities involved; now, therefore, be it
RESOLVED, that subject to funding from the New York State Department of State’s Local Water Front Revitalization Program and other identified financial contributors, the City/Town/Village of XX will participate in Kayaks Along Chautauqua, and will contribute in-kind services, and funding in support of Kayaks Along Chautauqua, which will include a cash contribution not to exceed ten thousand dollars and zero cents ($10,000) in FY 2019; assistance with identifying the physical location of the kayak launch; in-kind assistance in the form of site preparation for the kayak launch; and removal and storage of the dock seasonally.
- MOTION # 86 OF 2018
- SENA MOTIONED TO ADOPT THE RESOLUTION AUTHORIZING PARTICIPATION IN KAYAKS ALONG CHAUTAUQUA AS PRESENTED BY CHAUTAUQUA CO. PLANNING AND DEVELOPMENT. MR. MCNEILL SECONDED. YES (0). NO (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. THE MOTION WAS DENIED UNANIMOUSLY.
- ZONING OF GRICE PROPERTY AT CORNER RT. 394 AND WELLS BAY RD.
Mrs. Grice said she had written a letter outlining their reasons for requesting that the property they own be changed back from the R-3 designation it received during the update of the Zoning Ordinance and Map in 2014 to the C-1 classification in held prior to that change. She said they understand that legally the change was posted but morally they feel they should have been contacted personally so they could express their views on the change. She noted that they were also given a letter from the Zoning CEO after the change stating that their property was zoned C-1.
Mr. Sena said the request had been kicked back to the Planning Board and they were willing to change it to Tourist Commercial 2 (TC-2).
Mr. Senske said the Planning Board had reviewed it many times and that was not the only property that had a District change. He said the Planning Board felt the TC-2 designation best suited their needs and would give them enough options to still continue on with the project.
Mr. Grice said they hadn’t made it TC-2, it was made R-3 Multi-Family. He said they have lost 3 potential buyers recently because of the District designation. He said the issue with the TC-2 is that it is too ambiguous which can easily turn into restrictions. He again asked that the property be returned to the original Commercial (C-1) designation.
Mr. Sena said the zoning changes had occurred based on the Comprehensive Plan and the whole idea was based on concern about pop up car dealerships, etc. He advised that the Planning Board will meet again tomorrow evening.
Mr. Grice said the Planning Board has already voted overwhelmingly against the return to the C-1 District. He said their only chance is with the Town Board.
Mr. Lawson said the TC-2 designation does give the property more options, but they are all by Special Permit. He said there may not be as many options in the C-1 District, but those that exist are all by right.
Mrs. Grice noted that changing the District also has an effect on the value of a property.
Mr. Lawson said that even with the C-1 designation you still have to go to the Planning Board for a site plan review.
Mr. Lawson said as it stands with the property designation of R-3, there is no question of any type of Commercial development. He said the zoning would have to be either TC-2 or C-1 for that to occur.
- TOM ANZALONE – 3 SEAS PROJECT PANAMA-STEDMAN AND I-86
Mr. Lawson said the Anzalone’s will have their packet together in time for the next board meeting. He asked if the board could go ahead and set a public hearing for the July meeting. He said there will be a short form SEQR, Site Plan Review and Special Permit. This is all based on the receipt of the necessary documents.
- MOTION # 87 OF 2018
- MCNEILL MOTIONED TO HOLD A PUBLIC HEARING ON 7/9/18, AT 6:30 PM, AT THE COMMUNITY BUILDING, FOR A SEQR, SITE PLAN REVIEW AND SPECIAL PERMIT FOR THE 3 SEAS RECREATION PROJECT LOCATED AT 3617 PANAMA-STEDMAN RD., SPECIFICALLY SECTION 331.00-1-17. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- TOWN OF NORTH HARMONY PROPERTIES – Request estimate for Harvesting Timber at Gravel Pit and Butts Park
- BUTTS PARK PAVILION – No response to Legal Notice RFP for repairs
Mr. Sena suggested we do an invite to local contractors for bid estimates. He said perhaps Mr. Lawson could provide a list of local contractors.
It was noted that this would have to be done after the summer season as the park is in use almost every weekend.
- BEMUS PT./STOW FERRY – Establishment of “Go Fund Me” page – gofundme.com/save-the-bemus-pointstow-ferry
- CHAUTAUQUA CO. DEPT. OF REAL PROPERTY TAX – Certificate of Satisfaction of the TONH Tax Warrant by Legislature 5/15/18
- LIGHTHOUSE AT FERRY
Mr. Strickland said BOCES would have the lighthouse completed soon and Cathy Peterson of Jamestown Boiler has agreed to provide a crane and transport to the park, so it can be set.
Mr. Stow said we will need to make a new sign for the front and two new plaques. He asked Mr. Strickland to let us know when it will be placed so that pictures can be taken. He also noted that the name of the lighthouse will be changed to “The Lady of the Lake” Lighthouse with the permission of the Present family. He said Roland Kidder had approached the Present Family and they had agreed as long as it was made clear that the funding for the original lighthouse was by Jess Present.
- NEW BUSINESS:
- HERBICIDE TREATMENT – BLY BAY AND SUNRISE COVE AREA IN TONH
Mr. Stow said he believes that tomorrow is the last of the herbicide treatment on the lake and thus far we have only one family who has requested bottled water from the town.
Mrs. Thomas said she had received many phone calls from people on the lake who are upset that they are not getting the herbicide treatment.
Mrs. Ortman noted that the CLP applied for 86 acres in North Harmony and the DEC only approved 21 acres. She said because of lack of funding they are only treating approximately 10 acres. She said that the area from Tom’s Point to the bridge will not receive treatment because it is a wetland.
- TOWN OF NORTH HARMONY PLANNING BOARD – VACANCY
Mr. Stow said there is a vacancy on the Planning Board. It was noted that only two letters of interest had been received from Gary Winger and David Humphreys.
- MOTION # 88 OF 2018
- SENA MOTIONED TO APPOINT GARY WINGER TO THE PLANNING BOARD TO FULFILL THE TERM OF STEVE SENSKE EFFECTIVE 6/11/18 – 12/31/24. MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- TOWN OF NORTH HARMONY ZONING BOARD OF APPEALS – VACANCY
- MOTION # 89 OF 2018
MRS. ORTMAN MOTIONED TO APPOINT DAVID HUMPHREYS TO THE ZONING BOARD OF APPEALS TO FULFILL THE TERM OF GARY WINTER EFFECTIVE 6/11/18 – 12/31/24. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- NEW MUNICIPAL OFFICES/COURT FACILITIES
Mr. Stapleton said he had contacted Meghan Ferrelli, DASNY, but had not heard back from her at this time. He said he and Mrs. Thomas had attended the joint meeting regarding the herbicide treatment and Lisa Vanstrom from Cathy Young’s office was present. He said Senator Youngs office had helped facilitate the DASNY grant and he would also try to touch base with Ms. Vanstrom about the application status.
- NYS-DEC – Notice of Complete Application Transmittal for transfer of Opalecky Gravel Pit to Jamestown Macadam, Inc. (Previous owner Tri-James) – Provide reply re requested conditions no later than July 6, 2018
- OPALECKY GRAVEL PIT – SET PUBLIC HEARING DATE
Mr. Stapleton said the SEQR has been done by the NYS-DEC, so it will be only the Special Permit and whatever conditions the town wishes to place on the operation. He said the same type of action was taken when Tri-James, Inc. had operated the gravel pit in 2006.
- MOTION # 90 OF 2018
MRS. ORTMAN MOTIONED TO HOLD A PUBLIC HEARING ON 7/9/18, AT 6:45 PM, AT THE COMMUNITY BUILDING FOR A SPECIAL PERMIT AND PUBLIC COMMENT ON A MINING PERMIT FOR JAMESTOWN MACADAM, INC. AT THE OPALECKY GRAVEL PIT LOCATED ON OPEN MEADOWS RD, ASHVILLE, NY, SPECIFICALLY SECTION 383.00-1-11.2. FURTHER, THE TOWN CLERK WAS AUTHORIZED TO REQUEST AN EXTENSION OF THE COMMENT PERIOD TO 7/10/18, FROM THE NYS-DEC. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- LAKE MANAGEMENT DISTRICT
Mr. Stow said it had occurred to him that in the future the people who live around the lake may want to try and establish a Lake Management District to handle all of the actions on the lake. He said he could not believe all the paperwork that had come through our small town for just the small amount that was treated by herbicides. He said he feels it is time to set up a district to handle these issues and actions. He said this would not only improve the lake but make it simpler to act to get things accomplished.
Mrs. Ortman said she feels that is the direction that the County Executive is moving in.
Mr. Sena said he also believes that is the direction the Chautauqua Lake Watershed Management Alliance (CLWMA) is moving in.
There was discussion that a great deal of money has been spent on studies and there are too many organizations involved and that can cause in-fighting and does not result in solutions to the problems faced.
Mr. Stapleton said Mr. Wehrfritz told him that other DEC Regions in NYS receive their permits to use the same herbicides in other lakes around the State that were applied in our Region within a few days. He feels that hopefully now that the studies have been completed in our region the permitting process will be much quicker.
There was further general discussion.
- CHARTER COMMUNICATIONS – Franchise Fees $1,845.15
Mr. Stow said the letter also indicated that Charter was taking steps well in advance of the Franchise Renewal Agreement with the town due to expire 4/9/2021. He said the letter states they look forward to renewing their franchise.
Mr. Stapleton said we have several towns trying to enlist us in getting involved in a cooperative effort to increase the franchise percentage (currently we are at 3% and would like to increase that to 5%).
KEVIN OKERLUND, ASSESSOR
Mr. Okerlund’s report indicated that 6 cases were presented to the BAR on Grievance day. Tentative equalization rate for the town is 98.8% and the final roll will be filed with the County and State on 7/1/18, with the legal notice to be posted in the Jamestown Post Journal.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the Highway has had a big month and gotten a lot of work done. He said he is trying to save some CHIPS money to take care of the bridge on Ramsey Rd. He said they have a good deal of drainage work to do and the Lighthouse project to complete.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report for the month of May 2018 into the record.
COURT REPORT FOR MONTH OF MAY 2018
June 11, 2018 Board Meeting
$41,748.00 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 May 2018. We opened 379 new cases and closed 282 cases.
Mr. Peacock asked how we stand on the $15,000.00 grant from the Court System. He said those funds were supposed to have been spent by 6/1/18, on construction materials specific to the court. He said he has to make a report and if we don’t expend the funds, we will probably never get further grant funding from them.
Mr. Sena suggested that we take an account out at Chautauqua Brick and put $15,000.00 down on it.
Mr. Peacock said we have to show them what it was spent on (i.e. 2×4’s, sheetrock, etc.).
Mr. Sena said he would contact Chautauqua Brick tomorrow and get back to Mr. Peacock.
BRAD LAWSON, ZONING CEO (Copy of Report in Minute Book)
Mr. Lawson reviewed his report for those present. He said the Planning Board has been discussing the size of accessory structures in the R-1 District. He said he has had a few inquiries about Tiny Homes and hopes that the Planning Board can discuss this for a couple of Districts. He said the town needs to make plans for this in the future.
Mr. Stow said the Memorial Day Service at Veteran’s Park had gone very well. He thanked those who are taking care of the park.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 91 OF 2018
- SENA MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
FRANK STOW, SUPERVISOR (Copy of report in Minute Book)
- MOTION # 92 OF 2018
- MCNEILL MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 93 OF 2018
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $25,253.60. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 94 OF 2018
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $286,812.00. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
Mr. Strickland said the reason the voucher amount was so high was because they had done oil and paving in the same month which is unusual.
- MOTION # 95 OF 2018
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED, THE HEARING WAS ADJOURNED AT 8:45 PM.