TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 1/14/2018, 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
STEVE SENSKE, COUNCILMAN PRESENT
OTHERS PRESENT: Howard Peacock, Justice; Brad Lawson, Zoning C.E.O.; Dan Strickland, Highway Sup’t.; Louis Rieg, Planning Board; Robin Miller, Bookkeeper; Ellie McNeill; Clayton & Helen Emick; Dave Stapleton, Attorney; Dan Thomas, Historian; Nancy Thomas, Town Clerk
- ELECTION RESULTS TERMS BEGINNING 1/1/2019:
- ROBERT YATES – SUPERVISOR 1/1/2019 – 12/31/2019
- STEVE SENSKE – COUNCILMAN 1/1/2019 – 12/31/2021
- PLEDGE
- MINUTES: 12/27/18 (Year End)
- MOTION # 1 OF 2019
- SENA MOTIONED TO ADOPT THE MINUTES OF THE 12/27/18 YEAR END BOARD MEETING WITH A CORRECTION TO MOTION # 174 OF 2018 ADDING A MEETING DATE OF 3/11/19, WHICH WAS ADVERTISED CORRECTLY. MR SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- DAN THOMAS, HISTORIAN: CENTENNIAL MEETING MON., 2/4/19 4:00 PM
- ROBERT YATES, SUPERVISOR
Mr. Yates thanked everyone for attending and thanked the Town Board, Clerk and Bookkeeper for their help in the last two weeks.
- PUBLIC COMMENT:
- CLAYTON EMICK Emick asked the following questions:
- 33% decrease in the Town’s mortgage tax and asked how it compares to the last 5 years.
- 2010 Census and whether town lost 20% of its population and what that impact is.
- Hours of employment for each position in the town and whether they are considered full or part time and how they compare to other towns
- Actual cash carryover for General and Highway Funds.
Mr. Yates said he would work on that and provide answers.
Mrs. Emick noted that names on the website needed to be changed. She also stated that she understood that Public Comment would be allowed at the end of the meetings. She asked why that was not included in the minutes. She requested it be added instead of them interrupting the meeting with questions.
Mrs. Ortman said she had just made a suggestion and not a motion.
Mr. Yates said it was not included in the minutes because what he hoped going forward was to receive the questions and be allowed the time to research and obtain facts to be delivered at the next meeting.
Mr. Sena said it had been discussed and he said the board is looking for a way to incorporate it in the meeting. He said hopefully before the next meeting it could be added into the agenda.
- CORRESPONDENCE:
The following correspondence has been received by the Supervisor and is available for review: - ASSOCIATION OF TOWNS (AOT) – 2019 Annual Training School and Meeting 2/17-20/19 Marriott Marquis, New York City
Mrs. Thomas said there is a packet available for anyone interested. - CHAUTAUQUA CO. REAL PROPERTY TAX SERVICES – 2018 Tax Warrant Received
Special Districts $333,070.97
Highway $461,952.00
General Fund $325,686.00
Total to Supervisor $1,120,708.97
Total to Chaut. Co. $2,405,183.19
TOTAL WARRANT $3,525,892.16 - SOUTHERN TIER WEST – POWERS AND DUTIES TRAINING- 2/19/19 AT STW 6-8 PM
Mr. Yates said this is for elected officials and he, Mr. Sena and Mrs. Ortman are interested in attending. He encouraged other board members to attend if possible. - NYS-DEC – Western NY Stormwater Management Training Series – Monroe County
Mr. Yates said he plans to attend all 4 sessions and invited Mr. Strickland to attend. He said there is a certificate provided that allows you to be a responsible party when environmental control devices are used on our projects whether it is ditches on the highways or new construction, etc. He said by law in NYS on any construction site someone must have that certificate. He also invited Mr. Lawson. - CLP – Request for assistance with addresses for lake herbicide spray area notification of stakeholders
Mr. Yates said that had been received today and we are very busy at this time. He said we would supply them as best as we can in time for their permit to go in. - CHAUTAUQUA LAKE PROTECTION AND REHABILITATION AGENCY (CLPRA)
Mrs. Ortman attended that meeting last week and said they have not officially formed an agency on the books but what they are focused on is targeting the health of the lake. She said the Skyler County Legislator Chairman representing 2 small lakes that join and are similar to Chautauqua spoke on the steps they had taken to clean up their lakes. She said they set up a district with 3 functions: 1) detailed plant survey 2) based on survey scheduled herbicide treatments and 3) evaluation of septic systems on the lake. She said they were pretty successful over a 20-year period in controlling undesirable aquatic growth. She said they received some grant funding but did not want to rely on that alone, so they founded a district and a taxing agency for lakefront property owners. The tax was assessed per running foot of lake frontage to supplement grants. She said there were no salaries and all the funds were used exclusively for the lake. She said they were so successful that they received a nod from the DEC to continue with their program for an additional 5 years without extensive oversight. It was noted that the creation of the district was subject to permissive referendum and lakefront owners approved it by 80-90%. She said they now only have to use some of the herbicides once every 3 years. Mrs. Ortman said she has more information to share if anyone wishes.
CHAUTAUQUA LAKE & WATERSHED MANAGEMENT ALLIANCE (CLWMA)
Mrs. Ortman said the CLWMA is a funding source for grants, etc. for watershed projects as well as in lake projects. She said they have completed 8 projects that were funded and most if not, all are in the watershed. She said there is a detailed report available for anyone interested. - OLD BUSINESS:
- FORECON, INC. – Check received $32,975.50 for Timber sale Gravel Pit & Butts Park
Yates said we had budgeted $20,000 for that sale so we are ahead and that is good news. - RESPONSE TO EMICK QUESTIONS FROM 12/10/18 MEETING
Yates responded to the Mr. Emick’s questions of 12/10/19. He said the town has 23 properties, not including paper ROW’s. Mitchell property was purchased in 2005 for $120,000.00 (house, barn and 13.2 acres). The property was paid off in May 2010. The town pays insurance in the amount of $337.00/yr. and it is insured for $168,210.00; there is no lease; real estate taxes are $1,363.00/yr.; property is assessed at $120,000.00. Exact cost of repairs is not known but the furnace was replaced, and a new roof put on the house in the last 10 years. There are no anticipated expenses, except winterizing, etc. when the current tenants leave by 1/31/19. There was discussion of steps needed to winterize and protect the house. Mr. Yates said he would like to personally inspect the house after the tenants move out and take photos.
Mr. Sena said he had been inside the house between tenant occupation and may have taken some notes. Mrs. Miller said she could provide dates when each tenant rented and vacated the house. Mr. Sena said that would be helpful in locating his notes. Mr. Sena said he would like to see the property re-appraised.
Mr. Yates reminded those present that the property had been purchased with the intent of developing it for town and community use because of its location on Rt. 394 and it is adjacent to the Highway Building.
He said he believed the board agreed that the town has no wish to sell the property at this time because we are about to start new construction and some portion of it may be needed. - NEW TOWN BUILDING UPDATE MEETING WITH DON HARRINGTON
Yates said there was a meeting with Mr. Harrington and Mr. Stapleton.
Mr. Stapleton said he spoke with Sr. Staff in Senator Young’s office on Friday and they indicated the person he had spoken to a month ago in that office was no longer there. He said that Sr. Staff was going to check with the Budget Division on the status of the grant but as of the meeting he had no reply. He said hopefully tomorrow or the next day we will receive a response. Mr. Stapleton summarized that the grant award letter was issued last spring; the town completed the application paperwork for the funding; the application went through DASNY review (3-5 months) and it was approved; application sent on to Legislature for review and was passed; the Legislature sent it back to the Budget Division and Mr. Stapleton was told a month ago by his contact that there were no red flags thus far. He said it can take 3-4 weeks for the Division of Budget to complete their review. He said he feels confident that the Division of Budget will find no issue on their checklist and that the grant will happen.
Mr. Yates said he would like to authorize Harrington Architecture to complete the specs for the plans and engineering on the new building at a cost of $17,800.00. He said at that time (end of February) if the town decides to move forward on the new building project hopefully, we will have our funding questions answered and we will be ready to make a decision on the project. He said if we are moving forward, we will want to get bids on the project quickly.
Mr. Sena expressed concern about spending additional monies when we are not sure of grant funding.
Mr. Stapleton said in all his conversations with funding authorities there had been no issues on the grant expressed by them.
Mr. Yates said we have already funded the architect to this point, we should expend the additional to get the plans completed. He said the funds were budgeted for 2019.
Mrs. Miller noted that the fund balance available for that is $18,655.00 according to the Supervisor Report.
There was discussion of timing of bids.
- MOTION # 2 OF 2019
MCNEILL MOTIONED TO AUTHORIZE THE EXPENDITURE OF $17,800 IN 2019 BUDGETED FUNDS TO HARRINGTON ARCHITECTURE TO COMPLETE THE ENGINEERING SPECIFICATIONS FOR THE CONSTRUCTION OF A NEW TOWN/COURT BUILDING. MRS. ORTMAN SECONDED. YES (4): MCNEILL; ORTMAN; SENSKE; YATES. NO (1): SENA. THE MOTION WAS CARRIED (4) YES; (1) NO.
- MEETING WITH LEGISLATOR, PIERRE CHAGNON – SEWER / WATER
Mr. Sena said he, Mr. Yates and other board members had met with Mr. Chagnon about the status of sewer for the West side of Chautauqua Lake. He said of the $8 million needed for the project $5 million had been received in grant funding. He said Mr. Chagnon announced that the $3 million shortfall has been funded by an additional grant. He said the bids for the new engineering have been sent out and should be in by February. He said the meeting was very positive. He said there was discussion on water which has resulted in talks between Mr. Chagnon, Mr. Leathers and Mr. Sarr about conducting engineering on water lines at the same time as the sewer lines. Mr. Sena said they all appeared positive about that possibility.
There was discussion of:
- timelines for the project start; defining of the district and begin and end point of the project
- Health Dept. inspection of lakefront sewers and its possible impact.
- fees for the sewer $1000/yr. (cap) per home was a figure mentioned (not including hookup).
- acquiring necessary easements
- assistance for seniors on fixed incomes with hookup charges
- AMENDMENT TO 2019 HIGHWAY BUDGET
Mr. Yates asked the board to check their schedules in order to select a date for a work session to discuss that amendment.
- MOTION # 3 OF 2019
- MCNEILL MOTIONED TO TABLE ACTION ON AN AMENDMENT TO THE 2019 HIGHWAY BUDGET. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- NEW BUSINESS:
- AUDIT BOOKS – JUSTICE, SUPERVISOR, TOWN CLERK
MOTION # 4 OF 2019
SENA MOTIONED TO AUDIT THE 2018 BOOKS OF THE JUSTICE COURT, SUPERVISOR AND TOWN CLERK. MR. SENSKE SECONDED. YES (5) SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- REORGANIZATION SCHEDULE 2019
- MOTION # 5 OF 2019
- MCNEILL MOTIONED TO ADOPT THE REORGANIZATION SCHEDULE AS PRESENTED (COPY APPENDED TO THESE MINUTES). MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Yates said there has been a request for a meeting with the board regarding a raise from a clerk.
- APPOINTMENTS TO BOARDS:
GARY WINGER – Vacancy on Planning Board – Appoint?
There was discussion and it was determined that this vacancy should be filled so that the numbers for Planning and Zoning are equal. It was discussed that the Planning Board should be asked their opinion.
WALLY GEIST – RE-APPOINT PLANNING BOARD – (1/1/2019 – 12/31/2025)
DAN THOMAS – RE-APPOINT ZBA – (1/1/2019-12/31/2025)
MOTION # 6 OF 2019
SENA MOTIONED TO RE-APPOINT WALLY GEIST TO THE PLANNING BOARD AND DAN THOMAS TO THE ZONING BOARD OF APPEALS FOR TERMS BEGINNING 1/1/2019 – 12/31/2025. MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- REVIEW / REAFFIRM: PROCUREMENT POLICY / EMPLOYEE HANDBOOK / (includes Violence in the Workplace and Code of Ethics)
- MOTION # 7 OF 2019
- SENA MOTIONED TO REAFFIRM OUR PROCUREMENT POLICY / EMPLOYEE HANDBOOK (INCLUDING VIOLENCE IN THE WORKPLACE AND CODE OF ETHICS). MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE HIGHWAY SUPERINTENDENT TO:
Post Roads
Bid for Materials – County & State
Attend Highway School
- MOTION # 8 OF 2019
MRS. ORTMAN MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO:
Post Roads
Bid for Materials – County & State
Attend Highway School
- MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE SUPERVISOR / BOARD TO:
Sign Agreement to spend highway funds
Renew the Shared Service Contract with Chautauqua County
Sign Contract with Busti for Assessor Services
Authorize all other Officials to attend meetings and school as budgeted
- MOTION # 9 OF 2019
- SENA MOTIONED TO AUTHORIZE THE SUPERVISOR / BOARD TO:
Sign Agreement to spend highway funds
Renew the Shared Service Contract with Chautauqua County
Sign Contract with Busti for Assessor Services
Authorize all other Officials to attend meetings and school as budgeted
MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- AUD REPORT TO STATE COMPTROLLER – EXTENSION REQUEST
- MOTION # 10 OF 2019
- SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO REQUEST AN EXTENSION OF TIME TO COMPLETE THE ANNUAL UPDATE DOCUMENT TO THE STATE COMPTROLLER. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- NEW YORK STATE LOCAL RETIREMENT SYSTEM – RESOLUTION FOR NYSLRS
Mrs. Thomas said the NYS-LRS sent a letter requesting a Standard Workday and Reporting Resolution for elected and appointed officials (list provided). She said she had completed the resolution except for DCO, John Stow and Patrick Rice, Planning Board.
Mrs. Miller said she is working with Mr. Rice to get him registered in the system and report his time based on his stipend. She said she had spoken with the Pension Integrity Board on how to report for Mr. Stow and that has been in place for more than a year.
- MOTION # 11 OF 2019
MRS. ORTMAN MOTIONED TO ADOPT THE NYSLRS STANDARD WORKDAY AND REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICIALS AS LISTED (COPY APPENDED TO THESE MINUTES). MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon was unable to attend.
KEVIN OKERLUND, ASSESSOR
Mr. Okerlund’s report indicated that all STAR and Senior exemptions have been mailed out. Income exemption limits are: Enhanced STAR $86,300; Senior Low Income/Town $22,000; Sr. Low Income/School, CLCS $20,000; Panama $14,000; Sherman $0.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the Highway has been working on equipment at the shop and doing a little tree work.
HOWARD PEACOCK, JUSTICE
COURT REPORT FOR MONTH OF DECEMBER 2018
January 8, 2019 Board Meeting
$25,476.00 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 December 2018. We opened 236 new cases and closed 175 cases.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his report for those present. He said there are a couple of projects being completed. He said Grandview is in the process of submitting their application and plot plan to subdivide that property. He said he has reviewed it with them, and we will see where that goes. He noted that the issue with the helicopter will go back to trial in March.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said her office has been very busy with tax collection. As of 1/7/19, $466,788.00 has been collected.
- MOTION # 12 OF 2019
- SENA MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)
MOTION # 14 OF 2019
- SENA MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 15 OF 2019
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $81,239.08. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 16 OF 2019
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $8,551.52. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Emick asked what the monthly rental on the Mitchell property is.
Mrs. Thomas said the rent is $120/month.
Mr. Emick asked who pays the real estate taxes, the town?
Mr. Yates said yes.
Mr. Emick said the rental fees don’t even cover the taxes.
Mr. Emick asked why the Court questions on his written request had not been answered.
Mr. Yates said he had not noticed that page but would address it.
MOTION # 17 OF 2019
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:20 PM.
Nancy Thomas
Town Clerk
