TOWN OF NORTH HARMONY TOWN BOARD MEETING
MONDAY 12/10/18, 7:00 PM
FRANK STOW, SUPERVISOR PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN ABSENT/ILL
LOUISE ORTMAN, COUNCILWOMAN PRESENT
STEVE SENSKE, COUNCILMAN PRESENT
OTHERS PRESENT: Jim Wehrfritz & Craig Butler (CLP); Pierre Chagnon, Legislator; Louis Rieg,Planning Board; Clayton & Helen Emick; Brad Lawson, Zoning C.E.O.; Robin Miller, Bookkeeper; Dan Strickland, Highway Superintendent; Dan Thomas,Historian; Howard Peacock, Justice
- MINUTES: BUDGET HEARING & TOWN BOARD 11/13/18
- MOTION # 159 OF 2018
MR. SENA MOTIONED TO ADOPT THE MINUTES OF THE 2019 BUDGET HEARING AND TOWN BOARD MEETING HELD ON 11/13/18 AS PRESENTED BY THE TOWN CLERK. MR. SENSKE SECONDED. YES (4): SENA, ORTMAN, SENSKE,STOW. NO (0). THE MOTION WAS CARRIED.
- PUBLIC COMMENT:
Mr. Emick provided a list of questions regarding the 2019 Town Budget to all board members and the town clerk. He said his goal is to know how the town works; how the 5 board members keep the numbers together; how the budget is prepared; and he indicated he will have further questions at subsequent board meetings. He said his first question is regarding the Mitchell rental property that the town owns in relation to purchase price;rental revenues; expenses. He asked when it will be addressed. He said his second question is about the Court system. He said it appears that cases opened seem to be going down and asked if the fees collected have changed; if the state still takes the same percentage;and said staffing expenses are up to $82,000.00. He asked what the Court Contractual Expense of $9,000 includes. He said with the 2019 budgeted revenue of $110,000; expenses of $82,000;$28,000 is left and with the new court building is this going to be a moneymaker. He thanked the board for their time.
Mr.Stow said the board would take it under advisement after review of the documents presented.
CRAIG BUTLER & JIM WEHRFRITZ – CHAUTAUQUA LAKE PARTNERSHIP (CLP)
Mr.Butler said he and Mr. Wehrfritz are volunteers with the CLP and are involved in improving the water quality of Chautauqua Lake. He said a resolution has been provided to the clerk requesting that the town consider herbicide treatment in areas of the lake in 2019. He said there are 4 points that the resolution addresses: 1) acknowledges that the town is considering whether to undertake herbicide treatments along the shores that border the town 2)acknowledges that the NYS-DEC must issue permits before any herbicide applications are made 3) acknowledges that North Harmony is a riparian owner of lake borders of
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the town 4) acknowledges that the board is reserving a decision to participate until such time as there are permits received; reviewed and considered. He said the resolution authorizes the supervisor to execute any such applications at the time they are made and on presentation of satisfactory notification to riparian owners that the town will authorize the transmittal of such notifications.
- RESOLUTION/MOTION # 160 OF 2018
MR. SENA MOTIONED TO ADOPT THE FOLLOWING RESOLUTION REGARDING HERBICIDE APPLICATION IN 2019 ON NORTH HARMONY SHORELINES AND AUTHORIZING THE SUPERVISOR TO SIGN ALL RELATED DOCUMENTS/APPLICATIONS AS OUTLINED. MRS.ORTMAN SECONDED. SENA (YES); SENSKE(YES); ORTMAN (YES); STOW (YES); MCNEILL (ABSENT). THE MOTION WAS CARRIED.
Town of North Harmony
The Town Board of the Town of North Harmony (“Board”) resolves as follows:
WHEREAS, the Board is considering whether to undertake the application of herbicides to areas of Chautauqua Lake bordering the Town of North Harmony’s jurisdiction in 2019;
WHEREAS, pursuant to Article 15 of the New York State Environmental Conservation Law and Part 327 of the Official Compilation of Codes, Rules, and Regulations of the State of New York, the New York State Department of Environmental Conservation must issue a permit prior to the application of herbicides to waters within the State of New York; and
WHEREAS, the Town of North Harmony is a riparian owner; and
WHEREAS, the Board is reserving a decision on whether to undertake the application of herbicides in any or all areas included in any permit applications until it receives, reviews, and considers any permits granted by the New York State Department of Environmental Conservation;
We RESOLVE therefore:
- To authorize the Supervisor of the Town of North Harmony, upon presentation of complete and satisfactory applications for Article 15 permit(s) and a New York State Pollution Discharge Elimination System permit (if so required) related to the application of herbicides to areas of Chautauqua Lake bordering the Town of North Harmony’s jurisdiction, to execute such applications;
- To authorize the Supervisor of the Town of North Harmony, upon presentation of complete and satisfactory notifications to riparian owners of the application and water use restrictions related to and their right to object to the applications for the above-mentioned permits, to authorize the transmittal of such notifications.
ADOPTED, this _10th_day of December 2018, at a meeting of the Town of North Harmony Town
Board following a motion made by Dick Sena__ and seconded by Louise
Ortman, and accrued with the following Roll-Call vote:
Dick Sena, Councilman YES Louise Ortman, Councilwoman YES
Duncan McNeill, Councilman ABSENT Steve Senske, Councilman YES
Frank Stow, Supervisor YES
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The following correspondence has
been received by the Supervisor and is available for review:
- NATIONAL GRID SAFETY LETTER
Mr.Stow said the letter gives good
cautionary information on what safety measures to take if a wire is down.
- MEGHAN FERRELLI – EMAIL RE DASNY
- GRANT # 12954 – Response to Dave Stapleton inquiry; grant isurrently up for state senate approval
Mr. Stow said he understands that the senate does not do any business from June to January.
Mr. Stapleton said he had contacted Melissa in Senator Young’s office today and was told that the grant application has received Legislature approval. He said now it is on the desk of the Finance Committee for review to see if there are any issues. He said Melissa (grant info Sen. Young’s office) indicated that as far as Senator Young’s office knows, there are not any issues with the grant. He said she said she would ask the Finance Desk for a status report to share with Mr. Stapleton in a day or two. He said once the grant is finally approved, they will send out some type of disbursement agreement with DASNY.
- SENATOR YOUNG – Letter to Clerk re Electronic Death Registration System (EDRS) Legislation
Mrs. Thomas said this was a reply to her letter to Senator Young regarding concerns about the system some time ago. She said the concerns were addressed and the town is now using the EDRS system.
- OLD BUSINESS:
- EMPLOYEE HEALTH INSURANCE 2019 – Adopt Policy effective 12/1/2018
Blue Cross Blue Shield Silver POS 7110 EX; Monthly Premium Rates for 2019
Single $470.49 Employee + Child(ren) $799.83
Employee + Spouse $940.99 Family $1,340.91
- MOTION # 161 OF 2018
MRS. ORTMAN MOTIONED TO ADOPT BLUE CROSS BLUE SHIELD SILVER POS 7110 EX AS THE HEALTH INSURANCE POLICY FOR THE TOWN EFFECTIVE 1/1/19. MR. SENSKE SECONDED.
It was discussed that employees pay 15% of the premium. It was discussed whether the public comment portion of the meeting was intended to carry over into Old Business. It was discussed that this policy is a decrease from last year and will save the town money and expand coverage. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
There was further discussion of the nature of a Board Meeting and public input during those meetings. It was suggested that perhaps the Public Comment portion should come at the end of the meeting as it relates to continual conversation during agenda items, so those questions can be answered without interruption to the meeting.
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2. EMPLOYEE HANDBOOK
3. TIMBER CONTRACT – BUTTS PARK & GRAVEL PIT WITH INSPECTIONS BY FORECON AT $1,000.00
Bid opening handled by Forecon Friday, 11/30/18 at 1:15 PM
Potter Lumber Co., LLC $37,739.44
RAM Forest Products, Inc. $33,510.00
Sugar Grove Hardwood, Inc. $28,600.00
Marvin Troyer Lumber $22,500.00
Authorize Supervisor to sign “Standing Timber Sale Agreement” between Town and chosen bidder
- MOTION # 162 OF 2018
MR. SENA MOTIONED TO ACCEPT THE STANDING TIMBER CONTRACT FOR BUTTS PARK AND NORTH HARMONY GRAVEL PIT OF POTTER LUMBER CO., LLC, IN THE AMOUNT OF $37,739.44, AND TO AUTHORIZE FORECON, INC. TO PERFORM INSPECTIONS NOT TO EXCEED $1,000.00. FURTHER, THE SUPERVISOR IS AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS. MR. SENSKE SECONDED. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- NEW OFFICE/COURT BUILDING – NOTHING NEW (addressed under correspondence)
- NYSERDA CLEAN ENERGY COMMUNITIES – HIGH IMPACT ACTIONS
Mrs. Thomas said she had spoken to Fran Porpiglia, Consumer Rep., National Grid about the difference in the number of street lights counted for the LED conversion and the number they counted in their Audit document. She said according to Ms. Porpiglia they should begin the conversion to LED shortly in the new year and NG is still working to confirm the audit count. She said Mr. Lawson has taken the required Code courses at Southern Tier West to attain another High Impact Action status and hopefully we will reach our NYSERDA CEC status shortly so that the town is eligible for any grant funding available.
- LGRMIF RECORDS MANAGEMENT GRANT SHARED SERVICES AGREEMENT FORM Authorize Supervisor to sign Shared Services Agreement with Sponsoring Institution Southern Tier West to seek NYS grant funding for Town of North Harmony records management
Mrs. Thomas said she would like to request the board authorize the Supervisor to sign a Shared Services Agreement with Southern Tier West to apply for grant funding for records management of cemetery records; Minute Books; etc. She said this would include shelving units for the records room as well as scanning equipment.
- MOTION # 163 OF 2018
MR. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN A SHARED SERVICES AGREEMENT WITH SOUTHERN TIER WEST FOR GRANT FUNDING FOR RECORDS MANAGEMENT AT THE TOWN OF NORTH HARMONY. MRS. ORTMAN SECONDED. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
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- NATIONAL GRID – TONH STREET LIGHT AUDIT – Per Fran Porpiglia NG Consumer Rep., still working on correct count – will advise ASAP (addressed under Old Business item 5.)
- SEXUAL HARASSMENT TRAINING BY 10/2019
Mr. Stow said the policy has been adopted by the town and will be in our handbook.
Mrs. Thomas said companies are starting to come up with web-based training programs for this and the AOT magazine had one that would cost the town approximately $350.00 per year. She said she also spoke to our insurance broker Randy Graham who indicated that NYMIR may also be coming out with a program at no cost.
Mr. Strickland said the training is very simple. He said Dave Babcock the Superintendent from Westfield and President of the Highway Superintendents Association has already done their M.E.O. training based on a program that was previously given by a Police Officer. Mr. Strickland said he would like to handle the training with his M.E.O.’s.
Mrs. Thomas said it also appears that since our Planning and Zoning Boards receive a stipend, they must also receive the training.
Mr. Stapleton noted that the NYS Labor Dept. FAQ’s section on the states website hopefully will clarify in an ongoing manner what is required for this training.
- NEW BUSINESS:
- DFT IT Services – Purchase blocks of time at $90/hr. vs. paying $130/hr.
Mrs. Miller said the town had previously purchased blocks of time for IT services from NETSYNC which rollover if they are not used. She said if Mr. Lawson purchases a new computer as expected this year that time to set up will be less expensive. It was discussed that is quite a savings and the last time we purchased a block of 10 hours, they had lasted a long time. Mrs. Miller said we can also purchase additional hours later, it needed, at the same cost.
- MOTION # 164 OF 2018
MR. SENA MOTIONED TO PURCHASE A 10 HOUR BLOCK OF IT SERVICE FROM DFT (NETSYNC) AT A COST OF $90/HR. MR. SENSKE SECONDED. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- BUTTS RD. PROPERTY – Zoning for Electrical (Industrial on West side and Residential on East side)
Mr. Stow said Gordon Baker who lives on Butts Road, came to him with a complaint that National Grid is charging him industrial electric rates for a property he owns on the west side of the road.
Mr. Lawson said the property in questions is not zoned Light Industrial but is AR and he has written a letter to Mr. Baker to help clarify this so that Mr. Baker’s problem will be addressed. He said he doesn’t know what NG reasoning was for the LI charges are, but the letter from him should clarify it for them.
3. SET YEAR END MEETING DATE – All invoices for 2018 must be submitted by 12:00 PM 12/27/18
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- MOTION # 165 OF 2018
MRS. ORTMAN MOTIONED TO HOLD THE YEAR END TOWN BOARD MEETING ON THURSDAY, 12/27/18, AT 12:00 PM. MR. SENSKE SECONDED. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
4. NYS-DEC – TOWN OF NORTH HARMONY TRANSFER STATION
Mrs. Thomas said in November 2017 the DEC had required that the town submit a new application for Registration of the transfer station. She said she had submitted that application on 11/17/17. She said they have just replied this week and apologized for not responding earlier, but now they are requiring us to submit an entirely new application and provide a site plan drawing of the station as well as some additional information.
Mr. Lawson agreed to help create a site plan to submit with the application.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the November 2018 Legislature meeting:
- We distributed mortgage taxes for the six months from April through September. Ellery increased by 56% from the same period last year; Bemus Point increased by 56%; North Harmony decreased by 33% (April 1 through September 30, 2018 $19,870.39; last year was $29,759.30); and the whole County decreased 10%.
- We established the Chautauqua County Equalization rates for 2019. Of the 29 towns and cities, 12 are at 100%. Ellery is 93.5% and North Harmony is 98.8%.
- We tabled an emergency resolution intended to contribute funds to the cleanup of an extraordinary accumulation of floating vegetation and dead fish in Burtis Bay. Due to winter weather setting in the work can no longer be completed this Fall, so there was no necessity for an emergency resolution. There was discussion of what conditions may have led to the fish kill (wind driven weed mass; dam raising/lowering lake level, etc.)
- We defeated a resolution requesting the NYS Legislature to permit up to four Assistant District Attorneys to reside in adjoining counties. The County has no authority to authorize this action; the resolution was for the County Legislature to request the NYS Legislature to amend the NY Public Officers Law to permit this action. Opposition developed when it came to light that the District Attorney had already employed three Assistant District Attorneys who reside outside of the County, thus violating the law. Concern was also expressed that the District Attorney should improve the advertising of available positions and recruiting of County residents.
KEVIN OKERLUND, ASSESSOR
Mr. Okerlund’s report indicated that all STAR and Aged Exemptions have been mailed out. New building permits are being reviewed and inventory assessments are updated on an ongoing basis.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said he has spoken to the new owner of Resource Gas and it appears there will be no issue with the gas at the highway building.
Mr. Sena asked if Mr. Strickland had read the article in the AOT magazine about reducing salt use on roads.
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HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report into the record:
COURT REPORT FOR MONTH OF NOVEMBER 2018
$39,810.00 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 November 2018. We opened 178 new cases and closed 256 cases.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson said no permits were issued in November. He reviewed his written report for those present.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 166 OF 2018
MR. SENA MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MRS. ORTMAN SECONDED. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
FRANK STOW, SUPERVISOR (Copy of Report in Minute Book)
- MOTION # 167 OF 2018
MR. SENA MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR. SENSKE SECONDED. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
DAN THOMAS, CENTENNIAL COMMITTEE, MEETING MONDAY 1/7/19 AT 4:00 PM
Mr. Thomas said the committee continues to work on the book and they should have a rough draft on the history of North Harmony at that meeting. He said based on motion made by the board last year the records and scrap books of the town are now being housed at the Harmony Historical Society which is a great place for them although they were not expecting some of the very large scrap books which will have to be studied as far as storage. He noted that the desk here at our building will be used as a historical station and he will be framing up some records/maps, etc. for the Centennial. He invited all to have a seat at the desk and review any of the information there.
- MOTION # 168 OF 2018
MR. SENSKE MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $34,884.61. MRS. ORTMAN SECONDED. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 169 OF 2018
MR. SENSKE MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $32,223.23. MRS. ORTMAN SECONDED. YES (4): SENA, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
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Mrs. Ortman noted that this is Frank Stow’s last meeting as Supervisor and she wanted to say thank you for his long service and dedication to the town. She said he has served the town and community well and he will be missed.
- MOTION # 170 OF 2018
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:05 PM.