Town Board 10/9/2018

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

TUESDAY 10/9/2018, 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:         Robin Miller, Bookkeeper; Brad Lawson, Zoning C.E.O.; Dave Stapleton, Attorney; Clayton & Helen Emick; Robert Yates; Dan Strickland, Highway Sup’t.; David Groth; Howard Peacock, Justice; Nancy Thomas, Town Clerk 

• PLEDGE
  

• MINUTES: 9/10/18
  

• MOTION # 136 OF 2018

1. MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 9/10/18, TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED.

Discussion:

Mr. Stow asked that the following addition/correction be made to page 3, Old Business Item 8.; last paragraph:

            Mr. Stow said he feels that the handbook should be reviewed in conjunction with budget work at a separate meeting.

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

• ANNOUNCEMENTS:
• TOWN OF NORTH HARMONY HALLOWEEN HOURS: WED. 10/31/18 5-7PM
• LAST DAY TO REGISTER TO VOTE 10/12/18
  

• PUBLIC COMMENT:
  

• DAVID GROTH – USE OF GOLF CARTS ON TOWN ROADS

            Mr. Groth said he has cottages at 3638/3640 Watson Rd.  He said his neighbor Bob Pickett used to drive around in a golf cart all the time.  He said at that time he was considering purchasing a golf cart for himself.  He said Mr. Pickett said he had never been stopped on his cart and he said he also spoke to Mrs. Carlson, Supervisor and was informed that there were no local regulations and he should check with the Sheriff.  He said the Sheriff told him to check with the town.  He said he went ahead and purchased the golf cart.  He said on 9/17/18 he drove his cart to Hogan’s to get gas for his mower and was stopped by a Sheriff’s patrol who indicated that driving the cart was illegal.  He said the carts are not regulated in NY.  Mr. Groth said he did some research and it appears that in NY it is up to the local community to make this decision as to its roads.  He asked that the board consider making the use of golf carts, particularly in closed communities, legal.  He said he had contacted the DMV and was told golf carts cannot be registered.  There was discussion of what vehicles can/cannot be registered. 

            Mr. Stapleton asked from a liability standpoint, are they trying to put some town approval on a vehicle that cannot be registered for use on public roads.  

            Mr. Stow said the only places he knows of that allow golf carts are private campgrounds with private roads.  Mr. Stow said he feels that at this time the town has no interest in entertaining the type of liability inherent in allowing golf carts that cannot be registered by NY Law to be operated on public town roads. 

• CORRESPONDENCE:

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

1. DAVID GROTH – USE OF GOLF CARTS ON TOWN ROADS (see public comment)
   

2. ERIN BRICKLEY, CLWMA – Membership and Dues for 2018-19 $2,000.00
   

• MOTION # 137 OF 2018

MRS. ORTMAN MOTIONED TO RENEW THE TOWN OF NORTH HARMONY MEMBERSHIP IN THE CHAUTAUQUA LAKE AND WATERSHED MANAGEMENT ALLIANCE (CLWMA) AND TO AUTHORIZE PAYMENT OF THE 2018-19 MEMBERSHIP DUES OF $2,000.00.  MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED. 

3. CHARTER/SPECTRUM – Price adjustments effective 11/1/18
   

4. NYS COMPTROLLER – 2017 Fiscal Stress/Environmental Stress Designation

            Mr. Stow said based on our 2017 Annual Update Document, the Comptroller has given us a designation of “no fiscal stress” and “no environmental stress”.  Our scores continue to fall.

5. BRET EMICK – Requesting high speed fiber optic internet to Stow area.

            Mr. Stow said Windstream has requested to install a V-Slam (digital subscriber line access multi-plexar) in the area.  He said this device can determine voice/computer use and switches the computer to the faster avenue.

            Mrs. Emick said her son asked that she ask the town if they had communicated with Windstream at all on this request. She said the town should do this as it would probably have more weight than just individuals.

            Mr. Stow said the correct office to bring this problem to the attention of is the NYS Attorney General.  He said the companies are charging you for faster access that you actually have and that is against the law.  Mr. Stow said he would contact the Attorney General’s office.

6. CHAUTAUQUA LAKE & WATER SHED ALLIANCE – Grant application deadline

            October 25^th 4 PM

            Mr. Sena asked if the town would be applying for any grants.

            Mr. Strickland said he was not sure if Soil and Water is applying for anything in North Harmony, but he thought Dave Spann would be applying for funding to finish the stream bank stabilization behind the Water Garden in Ashville.  He said he would check with Mr. Spann. 

7. AOT TRAINING SCHOOL AND ANNUAL MEETING – 2/17-20/2018

            Mrs. Thomas said this is a great educational opportunity as well as a chance to network with other towns.  She said information and applications can be found in the AOT magazine.

            Mr. Sena said he had done similar training at Southern Tier West and it was very informative.

• OLD BUSINESS
  

1. RABIES CLINIC AND DOG ENUMERATION – Tuesday 9/18/18 – 87 Dogs/Cats vaccinated

            Mr. Stow and Mrs. Thomas said thank you to all the people and especially Dr. Rice, who had volunteered their help with the clinic.

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

            Mr. Stow said a representative of Forecon had stopped by last week while a budget meeting was being held and talked about the logging and provided a prospectus.  He asked Mr. Sena if he had any comment on the prospectus.

            Mr. Sena said it looked fine to him.

            Mrs. Thomas said Forecon would put out the bid for the town and sealed bids would have to be in to Forecon no later than Friday 11/30/18.  She said the successful bidder will have until 9/30/2020 to remove all timber and complete final cleanup.  

3. BUS TURN AROUND – GESEMAN ROAD

            Mr. Stow said he spoke to Jerry Ireland, Panama Transportation Supervisor, and was told that they do use that turn-a-round on occasion.  He said he and Mr. Strickland had looked at the turn-a-round and it appears to be in decent shape.  He said the tax map shows the turn-a-round and it belongs to the town.  He indicated that Mr. Chapman, a resident, would like to have the property turned over to him so he can put a shed on it.  He said as far as he is concerned the town has no interest in doing this and the matter is closed.  

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

            Mr. Stow said he is going to work on the wording for the blocks for Sally and John.

            Mrs. Thomas said she already has 2 block orders and it would be nice to submit all of them at the same time to the vendor. 

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

          Mr. Stow said the next meeting is scheduled for 10/11/18 at 6:00 PM.  He said hopefully we can get through that and do some work on the budget.

            Mrs. Thomas said she had copies of the current preliminary budget and the handbook for Busti and she is going to see about getting the same from Ellery, Chautauqua, and other similar size towns.

            Mr. Strickland said you should look at the road mileage because the most important thing is the mileage of road that the M.E.O.’s plow. 

            Mrs. Thomas said population also matters because that is your tax base.  Mrs. Thomas said these budgets and handbooks are large documents and they will take a great deal of time to study and compare.

            Mr. Stow said there is a time line on the budget and we should just work on that at the 10/11/18 meeting. He said there are things in the handbook that could affect the budget, but the most important thing is to move forward on the budget.           

6. BUTTS PARK PAVILION – Job well done

            Mr. Stow asked Mr. Strickland to let the M.E.O.’s know that we are very impressed with the work they did at the park and to thank them.

            Mr. Strickland said they would do some additional tree trimming and they will gravel the driveway.

            There was discussion that hunters are coming in and rutting up the area.

            Mr. Strickland said he would lock up the gate.

7. NEW TOWN BUILDING

            Mr. Stow said the last communication on the DASNY grant indicated it would be about 4 months before the town hears anything.

8. RETURN OF JCAP GRANT FUNDS OF $15,000.00

            Mr. Stow said the board had signed the voucher to return the grant funding from the Justice Court Administration.  

• NEW BUSINESS:
  

1. HADLEY BAY – Development/land clearing

            Mr. Lawson said he had visited the site and there was a lot of equipment there and the property had been cleared.  He said there was a dozier there and he called the owners (Lutgen) of the property to find out what they were doing.  He said the owners indicated they were just cleaning up and didn’t have any plans yet.  He indicated that he told them that silt fencing was required if they were doing any earth moving and they agreed to comply.  He said subsequently he had to stop the project because even though they did install silt fencing, it was not enough and not done properly.  He said they were very cooperative and made the corrections and are almost finished.  

2. GOLF CART QUESTIONS (see public comment)
   

3. NOVEMBER MEETING – Moved from November 12^th to November 13^th due to Veterans Day
   

4. ELECTION DAY – November 6^th
   

5. SCHEDULE PUBLIC HEARING FOR THE BUDGET IN NOVEMBER BEFORE 11/15

            Mrs. Ortman said she would not be able to attend the 11/13/18 meeting as she will be in Albany. 

• MOTION # 138 OF 2018

1. SENA MOTIONED TO HOLD A PUBLIC HEARING ON THE 2019 PRELIMINARY BUDGET ON TUESDAY, 11/13/18, AT 6:30 PM. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
   

6. ADOPTION OF BUDGET BEFORE 11/20
   

7. WORK SESSION – Budget – Employee handbook 10/11/18

Additional work sessions will be set at the 10/11/18 meeting as needed. 

            Mr. Strickland asked that the board please get together with the Highway M.E.O.’s on their requests.

            Mr. Stow said that is already on the agenda. 

8. MEETING WITH THE HIGHWAY DEPARTMENT M.E.O.’S

            Mr. Stow said a date would be determined for that meeting at the 10/11/18 meeting.

            The board agreed.

• REPORTS:
  

PIERRE CHAGNON, LEGISLATOR

            Mrs. Thomas said Mr. Chagnon was unable to attend the meeting as he was traveling to Lake George on County business.

KEVIN, OKERLUND, ASSESSOR

            No report received. 

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

            Mr. Strickland said the highway has some guard rails to install at the Ramsey Road pipe that was installed. 

            Mr. Stow said they had done a very good job.

            Mr. Strickland said they had also put in some additional guard rail on Spooner Rd. where the drainage had been done.  He said they had blacktopped the area on Spooner.  He said they are working on getting equipment ready for snow removal.  He said that the Opalecky Gravel Pit has opened up and they will be hauling some gravel to stockpile as they are getting low.  He noted that JMI has planted the trees that were requested in the permitting process.

HOWARD PEACOCK, JUSTICE

            Mr. Peacock read the following report for those present:

COURT REPORT FOR MONTH OF SEPTEMBER 2018

October 9, 2018 Board Meeting

            $41,924.50 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 September 2018.  We opened 303 new cases and closed 243 cases.

            Mr. Peacock said central arraignments will be done in Mayville beginning January 1, 2018.  He said this will be a new system involving 30 Judges in the County and each judge will do a week twice a year instead of being called out at all hours of the night.  He said he will do a week in January and a week in April.  He said the only time he will do arraignments at the town is if they happen on Calendar Call when the ADA and Public Defender are here.  He said all the courts will use the same paperwork for the arraignments in order to streamline the process.

BRAD LAWSON, ZONING C.E.O.

            Mr. Lawson said the case involving the helicopter will be in court on 10/18/18.  He said code school went well.  He said the 2017 Code Book Supplement has just been received in 2018.  He said a new home has been started on Eiden Road.  He said 3 Seas is coming along very fast on their building on the Panama-Stedman Road.  Mr. Lawson said he would not be in the office on 10/25/18 or 11/1/18, as he will be on vacation.

            Mr. Sena asked if Tiny Homes were discussed at Code School.

            Mr. Lawson said they had asked but were told it was being talked about in Albany much more.

            There was further general discussion of Tiny Homes and what type of codes and permitting will be needed in the future. 

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

            Mrs. Thomas asked if anyone had received their Enhanced STAR renewal in the mail.  She said she had received theirs and NYS is completely taking the Town and Assessor offices out of the equation beginning in 2019 by requiring that all recipients enroll in the Income Verification Program (IVP).  You will only be required to do this once and the exemption will continue with no interruptions.  She said she has received a number of phone calls from residents about this.

• MOTION # 139 OF 2018

1. 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 # 140 OF 2018

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

PARKS COMMITTEE

            Mr. Sena said he has purchased the rope for the park at the Ferry.

            Mr. Stow said he had no updates on the Ferry at this time.

• MOTION # 141 OF 2018

102. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $42,102.12. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW.  NO (0).  THE MOTION WAS CARRIED.

• MOTION # 142 OF 2018

163. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $21,163.79. MR. SENSKE SECONDED.

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

• MOTION # 143 OF 2018

ON A MOTION MADE BY MR. SENA, SECONDED BY MR. MCNEILL, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:05 PM. 

Nancy Thomas

Town Clerk