Town Board 9/10/18

TOWN OF NORTH HARMONY

TOWN BOARD MEETING AGENDA

MONDAY 9/10/2018, 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:         Pierre Chagnon, Legislator; Robin Miller, Bookkeeper; Stephanie Gibbs, Deputy Town Clerk; Brad Lawson, Zoning C.E.O.; Dave Stapleton, Attorney; Clayton & Helen Emick; Howard Peacock, Justice; Nancy Thomas, Town Clerk

• PLEDGE
• MOMENT OF SILENCE OBSERVED FOR 911/PATRIOT’S DAY

 MINUTES: 8/13/18

 MOTION # 126 OF 2018

1. MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 8/13/18 PUBLIC HEARING AND TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.

 

• ANNOUNCEMENTS:
• CENTENNIAL COMMITTEE MEETING – Monday, 9/17/18, 4:00 PM
• BEMUS PT./STOW FERRY PROGRESS REPORT

          Mr. Stow said there is one hole left to patch on the hull of the ferry and once that is done it will be inspected and moved back to Stow for a new deck. 

 PUBLIC COMMENT:

• AL CHAPMAN – TURNAROUND ON GESAMAN RD.

            Mr. Chapman said there is a bus turnaround located in front of his property that has not been used or maintained by the town for many years.  He said the school indicated that they do not use it any longer but requested that the town highway increase the size of the other turnaround located at the top of the hill.  Mr. Chapman said he has been plowing, mowing and maintaining it for many years and asked what the town’s intentions for the turnaround are.  He said currently there is a water problem there because of the drain that was installed by Mr. Ryan and it needs some gravel.  He said the bottom half is getting pretty muddy.

            Mr. Stow said he and Mr. Strickland would go and look at the situation.

 CORRESPONDENCE:

The following correspondence has been received by the Supervisor and is available for review:

 CHARTER COMMUNICATIONS – Received for 2^nd Qtr. Franchise Fees $1,957.91

 LETTERS RE CHAUTAUQUA LAKE FROM P.J. Editor; Rolland Kidder and CLP

 

3. NYMIR – ANNUAL REPORT FOR 2017

 VERIZON WIRELESS – Creation of special extended class of Public Safety customers: First Responders (Highway Dept.?)

            Mr. Stow said if this is provided to first responders (i.e. police, fire, etc.) they will be serviced first in the event of an emergency and he feels that it may be a good idea to have the Highway Department included in this as their help with roads can be critical.

 ASSESSOR – June Property Transfers

 TIM BARON – Thank you (New Sign at Lighthouse)

 NYS DEPT. OF STATE – LL #4-2018 FILED 8/28/18

 OLD BUSINESS 

1. RABIES CLINIC AND DOG ENUMERATION – Scheduled for Tuesday 9/18/18 at Ashville Fire Station 2 from 5-7:00 PM

            Mr. Stow said anyone interested in helping should contact Mrs. Thomas or John Stow, DCO. 

2. NYS CHARITABLE RESERVE FUND – The preliminary IRS rules essentially prohibit deductions for contributions to Charitable Reserve Funds.
   

3. LOGGING AT BUTTS PARK AND PANAMA-STEDMAN GRAVEL PIT PROPERTIES

            Mr. Sena said he has received a letter to proceed from Forecon, Inc. on the logging of those two properties.  He reviewed the letter and its contents with the board.  He said the major question for the board to decide is whether it is to be done with or without inspection.  He said for their 10% fee Forecon will do the marking, marketing, bid preparation and performance bond.

            Mr. Stow asked if there is anything that addresses the restoration of the forest after the logging is complete. 

            Mr. Sena said the letter does include clean up and Mr. Stow may want to contact Forecon to make sure that is what it means.

• MOTION # 127 OF 2018

1. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN FORECON, INC. LETTER TO PROCEED WITH THE SALE OF TIMBER FROM TOWN PROPERTIES LOCATED AT BUTTS PARK AND THE PANAMA-STEDMAN GRAVEL PIT. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.

 

4. DIANA BEAN – CLEANING

            Mr. Stow said no action was taken on the request of Mrs. Bean and the position will remain the same for the time being.

5. PAVILION AT BUTTS PARK – BIDS RECEIVED

• Tom Phillips Const., LLC (at prevailing wage)              $13,605 – $16,345
• NuWood Creations, Inc. (not using prevailing wage)  $4,380.41 +
  

            Mr. Stow said the town had received two bids on the Butts Park Pavilion.  He said he had spoken to Mr. Strickland and the highway has been replacing the poles at the park. 

            Mr. Lawson asked about footers and uplift protection and if they had been done.

            Mr. Stow said he assumed so.

            Mr. Sena said he had looked at it and none of that is done yet.  He said it should be brought to their attention.  He noted that Mr. Phillips bid was so high because of the type of foundation work and prevailing wage. 

6. MEMORIAL BLOCKS AT LIGHTHOUSE PAVILION FOR SALLY AND JOHN CHENEY

            Mr. Stow asked for help on the wording for the blocks for Sally and John.

            Mr. Sena noted that there are 24 spots left for blocks on the wall.  He said he had looked at the rope fence at the ferry and there is just a short portion that needs replaced.  He said he would get the rope from Chautauqua Brick.

7. HARRINGTON ARCHITECTURE – Approvals for Town/Court Building Project needed

          Mr. Stow said at the meeting with Mr. Harrington prior to the board meeting it was decided to slow down the process until spring since it does not appear that funding will be lined up in time for a fall start on the project. 

            Mr. Stapleton it should just be left on the agenda every month and work it as you can month to month. He said the letter was just to finalize plans with the architect eventually when it is appropriate from a timing standpoint and there are no legal issues.

8. NORTH HARMONY EMPLOYEE HANDBOOK – REVIEW AND REVISIONS TO POLICY

            Mrs. Thomas said there were changes in the handbook discussed last year, but the board did not choose to incorporate those changes at that time.  She said at last months meeting a motion was made to review the employee handbook as it relates to sick leave. 

            Mr. Stow said he feels that should be done in conjunction with budget work at a meeting.

• MEETING TO DISCUSS BUDGET/HANDBOOK SCHEDULED FOR THURS. 9/27/18, 6:00 PM          

• NEW BUSINESS:
  

1. CHAUTAUQUA COUNTY INSURANCE – Town share of Workman’s Comp 2019 $65,904.69

            (4% reduction) 

2. CHANGE BOARD MEETING DATES IN OCTOBER AND NOVEMBER TO TUESDAY 10/9/18 AND 11/13/18 DUE TO HOLIDAYS
   

• MOTION # 128 OF 2018

1. MCNEILL MOTIONED TO CHANGE BOARD MEETING DATES IN OCTOBER AND NOVEMBER TO TUESDAY 10/9/18 AND 11/13/18 DUE TO HOLIDAYS. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW.  NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.

3. 2020 CENSUS – LOCAL UPDATE CENSUS (LUCA) REVIEW AND REPORT SUBMITTED TO CENSUS BUREAU BY TOWN CLERKS OFFICE

            Mrs. Thomas said she and Mrs. Gibbs had worked very hard on this even though participation is not required because all federal funding is based on population.  She said they had submitted 35 pages of additional addresses/corrections that had not appeared on the Census Address List supplied to the town.

Mr. Sena said that was an issue in the 2010 Census. 

            There was discussion of the fact that in 2010 there were many addresses missed in the town and the Census Bureau would not act on those even though the town provided proof.

4. NYS-DOH – New Domestic Relations Law raising the age of consent for marriage to 17 (with parental approval) effective 7/20/2018
   

• REPORTS:
  

PIERRE CHAGNON, LEGISLATOR

            Mr. Chagnon said the following occurred at the August 2018 Legislature meeting:

• We levied the participants’ share of the Chautauqua County Workers’ Compensation self-insurance plan costs for 2019. The Town of Ellery cost will decrease by 4%. The Town of North Harmony cost will decrease by 4%. The Village of Bemus Point cost will increase by 3%.
• We updated the County Purchasing Policy to give preference to local vendors for procurement of goods and services not subject to State competitive bidding requirements. We also tightened up the process restricting who can review bids and requests for proposals prior to their issuance, and who can communicate with prospective vendors.
• We authorized an agreement with the Bemus Point Central School District for a School Resource Officer for the 2018-2019 school year at an annual cost of $75,807 (wages/benefits).
• We accepted a $54,460 grant from the NYS Division of Criminal Justice Services to the County District Attorney to enhance priority felony prosecutions.

ASSESSOR, KEVIN OKERLUND (No written report received)

            Mr. Stow said the Town of Busti is requesting a 6% increase for the cost of the Assessor from the TONH for 2019. 

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

            Mr. Stow said Mr. Strickland’s written report indicated that they had finished the pipe on Ramsey Road and now they only needed to blacktop and put up a guard rail.  The highway is finishing work at Butts Park: trees taken down; poles done on one side of the pavilion; and dry hydrant replaced. The highway will be finishing work on dirt roads (gravel on Wall Street Rd. and regrade everything); replace old drainage pipes on Spooner Road.

HOWARD PEACOCK, JUSTICE

COURT REPORT FOR MONTH OF AUGUST 2018

            $57,572.00 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 August 2018.  We opened 333 new cases and closed 358 cases.

            Mr. Peacock said after last months meeting he had emailed Krista Bastwell about returning the grant for the court.  He said she responded with an email indicating that the check should be made out to NYS Department of Taxation and Finance.  He said at this time he is assuming they are expecting the town to return the grant money.

BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)

            Mr. Lawson reviewed his report for those present. 

            Mr. Sena said he had a complaint from someone about a large (4’x8’) political sign at the 4 corners in Ashville that was blocking the traffic view. 

            Mr. Lawson said he would address the situation.

NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)

            Mrs. Thomas said she is pursuing grant funding for solar for the new building through NYSERDA.  She said they have a Clean Energy Community program which requires that towns/villages complete 4 out of 10 High Impact Actions listed by NYSERDA to become grant fund eligible.  She said she had spoken to National Grid about one of the Actions which was to convert street lights to LED. The cost to do that would be approximately $5,269.00 and the town could recover through National Grid Energy Incentives about $4,705.00.  She said she would continue to pursue that, and Mr. Lawson has agreed to help by fulfilling another Action which requires C.E.O.’s to complete Energy Code Enforcement Training in energy best practices.  She said the change to LED lights should also provide a significant savings to the town and residents on electricity in the future.

• MOTION # 129 OF 2018

269. SENSKE MOTIONED TO AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $5,269.00 TO NATIONAL GRID TO CONVERT EXISTING STREET LIGHTS IN THE TOWN OF NORTH HARMONY TO LED LIGHTS. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.

• MOTION # 130 OF 2018

MRS. ORTMAN MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED.  MR. SENA SECONDED.  YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW.  NO (0).  THE MOTION WAS CARRIED.

FRANK STOW, SUPERVISOR (Copy of Report in Minute Book) 

• MOTION # 131 OF 2018

1. SENA MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED.  MRS. ORTMAN SECONDED.  YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW.  NO (0).  THE MOTION WAS CARRIED.
   

PARKS COMMITTEE

            Mr. Sena said Brad should probably look at the work the highway is doing at the Butts Pavilion.  All agreed.  Mr. Sena asked if the clerk could put something on the website about the 24 spaces available for tribute blocks at the Lighthouse Park.

            Mr. Stow noted that the highway had the parking lot at Veterans Park sealed and it looks good. 

• MOTION # 132 OF 2018

550. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $33,550.42. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW.  NO (0).  THE MOTION WAS CARRIED.

• MOTION # 133 OF 2018

675. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $70,675.72. MRS. ORTMAN SECONDED.

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

• MOTION # 134 OF 2018

680. MCNEILL MOTIONED TO APPROVE THE CAPITAL FUND EXPENDITURES AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $28,680.00. MRS. ORTMAN SECONDED.

Discussion:

Mr. Sena questioned whether signatures were needed on this.

Mrs. Miller said the town had made a partial payment on Harrington’s 8/4/18 voucher and what is being approved is payment on the balance ($10,800) of that plus what was provided to the board at the earlier meeting with Harrington due to percentage fees owed ($17,120); and $760 in Attorney fees. 

Mr. Stow said this covers 60% of our contracted fees for Mr. Harrington’s services.

• MOTION # 135 OF 2018

ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MR. SENA, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:10 PM. 

Nancy Thomas

Town Clerk