TOWN BOARD 2/11/2019

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY 2/11/2019, 7:00 PM

 

ROBERT YATES, SUPERVISOR                                                                        PRESENT

DICK SENA, COUNCILMAN                                                                            PRESENT

DUNCAN MCNEILL, COUNCILMAN                                                               PRESENT

LOUISE ORTMAN, COUNCILWOMAN                                                            ABSENT

STEVE SENSKE, COUNCILMAN                                                                       PRESENT

 

OTHERS PRESENT:  Dave Stapleton, Attorney; Pierre Chagnon, Legislator; Louis Rieg, Planning Board; Robin Miller, Bookkeeper; Howard Peacock, Justice; Clayton & Helen Emick; Gayle Martin; Brad Lawson, Zoning C.E.O.; Nancy Thomas, Town Clerk

 

• PLEDGE

 

• MINUTES: 1/14/2019
  

• MOTION # 18 OF 2019

1. SENA MOTIONED TO ADOPT THE MINUTES OF THE 1/14/2019 BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. MCNEILL SECONDED. YES (4): SENA, MCNEILL, SENSKE, YATES

 

• ANNOUNCEMENTS:
•  PUBLIC COMMENT:
•  CORRESPONDENCE:

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

1. BEICHNER WASTE – 2018 ANNUAL TRANSFER STATION FACILITY REPORT SUBMITTED TO DEC 1/16/19 BY TOWN CLERK
   

2. AOT – LETTER RE GOVERNOR CUOMO’S INTENT TO DISCONTINUE AID & INCENTIVE TO MUNICIPALITIES (AIM) AND MAKE 2% TAX CAP PERMANENT

            Supervisor submitted letter of protest to Governor, Senator Young, and Legislator Goodell  

3. ASSESSOR – TRANSFERS FOR DECEMBER 2018

            Mr. Yates said there were only 7 property transfers in December. 

4. NYS-DOH letter regarding Free Private Well and Septic System Materials
   

5. YOUNG TAX SERVICE, INC. AUTHORIZATION TO CONSULT WITH BOOKKEEPER

            Mrs. Miller said this was a consult for the Quick Books portion of her bookkeeping program.  She said there has been no cost yet, but she has paid a retainer fee of $200 so they are available for future needs. It was discussed that Mrs. Miller should submit a voucher for reimbursement since this cost should not come out of her pocket. It was further discussed that there is no need for authorization for this service.

6. DAVID GROTH – Watson Rd., Letter re herbicide treatment and golf carts

            Mr. Yates said he spoke to Sheriff Quatrone and he said if the golf cart is modified, you can license and insure it and run it on the highway.  He said he had provided Mr. Groth with that information. 

7. BOARD OF ELECTIONS – 2019 POLITICAL CALENDAR – Primary Election 6/25/19
   

8. NYMIR – 2019-20 ANNUAL RENEWAL APPLICATION

            Mr. Yates said he will meet with Randy Graham tomorrow to discuss our insurance renewals.

9. GOV. CUOMO WILLING TO ISSUE EXECUTIVE ORDER TO EXTEND THE DEADLINE FOR PAYING REAL PROPERTY TAX INTEREST FREE BY 21 DAYS

            Mrs. Thomas said this information was received on 2/7/19, and our penalty free period ended on 2/5/19.  She said this extension was discussed because some town’s deadline was 1/31/19 and there was significant weather on that day.  She said the action requires that the Supervisor request in writing that the Governor exercise his executive authority to extend the grace period of 21 days to taxpayers.  Notification of this was sent to the clerk on 2/7/19 at 4:47 PM and action had to be taken by 2/8/19 at 5:00 PM. 

• OLD BUSINESS
  

1. JUSTICE COURT, TOWN CLERK, SUPERVISOR AUDIT OF BOOKS

            Mr. Yates said he, Mr. McNeill, Mrs. Ortman and Mr. Sena had audited the books of the Court and the Town Clerk. 

• MOTION #19 OF 2019

1. SENA MOTIONED FOR A SATISFACTORY CONCLUSION OF THE AUDIT OF THE 2018 JUSTICE COURT BOOKS. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, YATES. NO (0). ABSTAIN (1) SENSKE.  THE MOTION WAS CARRIED.
   

• MOTION #20 OF 2019

1. SENA MOTIONED FOR A SATISFACTORY AUDIT OF THE 2018 TOWN CLERK BOOKS. MR. MCNEILL SECONDED. YES (3): SENA, MCNEILL, YATES. NO (0). ABSTAIN (1) SENSKE.  THE MOTION WAS CARRIED.
   

2. NEW TOWN BUILDING UPDATE MEETING WITH DON HARRINGTON

            Mr. Yates said last week we met with Mr. Harrington to review the plans and refine the specifications.  He said the electrical layout and computer drops were also discussed.  He indicated that we are coming to a close of that phase.  He said there was a voucher for Mr. Harrington for another partial payment on the plans.  He said he had also met with Mr. Stapleton regarding the DASNY Grant and we are moving forward on that. 

3. DAVE STAPLETON – GRANT INFO UPDATE

            Mr. Stapleton said Mr. Yates has received the Grant Disbursement Agreement from DASNY and that has been executed and returned to them with all the appropriate attachments.  He said DASNY will review that and hopefully we will get it back signed by them soon. 

            Mr. Senske asked what the time frame to begin construction is. 

            Mr. Yates said we will keep moving forward with Mr. Harrington who hopes to have all the drawings and specs ready to go out for bid by mid-March.  He said after that process we will hopefully have our final cost on the project. 

4. PERMITS APPLICATIONS FOR HERBICIDE TREATMENT SUBMITTED TO DEC

• Copy of updated treatment map presented to all board members
• Of the 400 + addresses submitted for verification, over 160 were incomplete or incorrect

            Mr. Yates said the permit applications for herbicide treatment had been submitted to the DEC.  He said he has a meeting with the Chautauqua Lake Partnership (CLP) tomorrow afternoon regarding the permits.  He said he will report on that meeting when he learns more. 

5. AMENDMENT TO HIGHWAY 2019 BUDGET

DM 5130.2 Equipment – change line item from .00 to:        +  $110,000

DM 5130.2.1 Equipment Reserve – change line item from + $110,000 to .00   (no change to bottom line figures)

            Mr. Yates said the board had been previously made aware of this.  He said the change is to correct a transposition error in line items that has no effect on the total budget dollar amount.  He asked the board if they had any questions.

• MOTION #21 OF 2019
• MCNEILL MOTIONED TO ADOPT THE FOLLOWING AMENDMENT TO THE 2019 BUDGET:

DM 5130.2 Equipment – change line item from .00 to:        +  $110,000

DM 5130.2.1 Equipment Reserve – change line item from + $110,000 to .00   (no change to bottom line figures)SENSKE SECONDED. YES (4): SENA, MCNEILL, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED. 

6. MITCHELL PROPERTY

            Mr. Yates said he and Mr. Sena had met with Northridge Property Maintenance and they will be closing and winterizing the Mitchell property.  He said they will drain the systems and put in antifreeze.  He said they had discussed putting a heat lamp in the basement to keep the basement dry.  He said the building is in rough shape and the town will have to decide what to do about the property in the future.

Mr. Yates said he had discussed possibly demolishing the structure with Mr. Strickland and he indicated that sometimes the county will assist.  He said he will contact Kingsview to get an estimate for demo also. 

            Mr. Lawson said the house would have to be checked for asbestos abatement prior to any demo. 

            Mr. Sena said he had contacted Kingsview and they are licensed for asbestos abatement.

            Mr. Yates said this is not of immediate concern but will need to be addressed in the future. 

• NEW BUSINESS:
  

1. CEMETERY CHARGES

            Mrs. Thomas said last year she had suggested to the board that it was time to review our charges for cemetery services as they had not been increased since 2010.  She said at that time the cost for a grave lot for a town resident was $500 and a lot for a non-resident was $650.  She said the Supervisor and board had adopted a cost for lots of $600, resident; $1,200, non-resident in January 2018.  She said the idea behind charging so much for non-resident’s was a concern that persons from other states would purchase our lots because they are so affordable.  She said what has actually happened is people originally from North Harmony and sometimes living very close (i.e. Busti, Harmony) with many family members already located in the cemetery are the ones getting charged the higher rate. She asked if the board would consider adding a condition to the purchase of lots to help ease the burden on those who previously resided in North Harmony or have family buried in our cemeteries.  

            Mr. Yates said when the numbers were run, the town is on the plus side of revenues to expenditures.

            Mrs. Thomas said when we increased the price of a grave lot, we also doubled the cost of a burial and cremation burial and that should help offset expenses. 

            There was further discussion regarding the history of the cemeteries and lot sales. 

            Mr. Sena said perhaps the way to address this would be to determine what constitutes a “resident” and to perhaps grandfather in persons with family in the cemetery. 

            Mrs. Thomas said she has been selling lots for the cemeteries for over 14 years and only once has someone from out of town with no ties to the area purchased lots.  

2. AUDIT OF COURT MUST BE DONE DURING OPEN BUSINESS HOURS

            Mr. Yates said in the future he would like to have the Court Books audited during open court hours for the following reasons: 1) so that clerk can be present to answer questions 2) for security of sensitive information within documents.  He said it is going to be an inconvenience, but he feels it is necessary. 

            Mr. Sena said he disagreed.  He said he has been auditing the books for approximately 8 years and that had never been an issue.  He said he could find nothing in Town Law that said the audit has to be done during court hours.

            Judge Peacock said he wanted it done during court hours because if they need to get their report done, they need those books to do it in the time frame allowed.  He said in the past they had difficulty with this.  He said if it is done during hours, the clerks will be present to answer questions and you will not have 100,000 post it notes everywhere. 

            Mr. Sena said there were only 3 post it notes which he left for others who audited after him so they could find answers in the report to the relevant audit questions.

            Judge Peacock said this is what the clerk wants, and this is what he wants. 

            It was discussed that both Mr. Sena and Mr. Senske work during the open court hours and that makes it difficult for them to come except for in the evening.  Further, on court night the clerks would not be available to answer questions and that is the only night they are in.

            Judge Peacock said if you cannot be here during open day hours, call and make an appointment with him or one of the clerks to be here in the evening when you need to work on the audit.

            Mr. Yates suggested that the board have an evening session next year to do the audit. 

3. UPDATE OF EMERGENCY OPERATIONS PLAN FOR NORTH HARMONY WITH CHAUTAUQUA COUNTY

• Discussion with AFD re emergency supplies

            Mr. Yates said he has been working on updating the Emergency Operation Plan which was last done in 2013.  He said he also spoke to Randy Gleason about funding for emergency supplies (cots, blankets, food, etc.) at the fire hill which would be our emergency station.  He said he feels it is important to include this in our Plan.  He said the Department does have some storage space that can be used for that purpose. 

4. AUTHORIZE SUPERVISOR TO SIGN CLA CONTRACT

• MOTION #22 OF 2019

1. SENSKE MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE CONTRACT WITH THE CHAUTAUQUA LAKE ASSOCIATION (CLA) FOR THE LAKE MAINTENANCE PROGRAM IN THE AMOUNT OF $7,000.00. MR. MCNEILL SECONDED. YES (4): SENA, MCNEILL, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.
   

5. AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH CHAUTAUQUA CO. SHERIFF FOR COURT SECURITY NOT TO EXCEED $7,000 ($30.10/HR)
   

• MOTION #23 OF 2019
• SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE CONTRACT WITH THE COUNTY SHERIFF FOR COURT SECURITY NOT TO EXCEED $7,000 ($30.10/HR). MR. SENSKE SECONDED. YES (4): SENA, MCNEILL, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.

 

6. 4^th QTR. 2018 CHAUTAUQUA COUNTY SALES TAX RECEIVED $150,875.93 (+2,853.02)

• REPORTS:

PIERRE CHAGNON, LEGISLATOR

            Mr. Chagnon said the following occurred at the January Legislature meeting:

• A commendation was given to the Clymer/Sherman/Panama Wolfpack football team that completed their dream season winning the Class D state championship with a 26-6 victory over Moriah at the Carrier Dome in Syracuse.
• We authorized an agreement with the City of Dunkirk to be able to properly bill for Advanced Life Support services provided by County Fly Car where requested by Dunkirk Fire during Basic Life Support calls. Now the City of Jamestown is the only jurisdiction in which the Fly Car cannot bill for services provided, but discussions are proceeding to resolve this.
• We authorized agreements for the first time with Alleghany and Wyoming counties to house inmates in the Chautauqua County jail.
• We authorized agreements with Forestville Central School and Silver Creek Central School for providing school resource officers.
• We adopted a motion proclaiming February Black History month in Chautauqua County.

• TIMELINE AND UPDATE ON SEWER FOR WEST SIDE OF CHAUTAUQUA LAKE

Mr. Chagnon gave the following update on the extension of the S&CCLSD from Sunrise Cove/ BOCES to Toms Point, Stow.

• The Sewer District has been extended and legally exists now
• Several years have been spent pursuing funding for the $16.9 million project
• Received $5 million Water Quality Improvement Grant from NYS-DEC
• Received $3 million Water Infrastructure Improvement Act Grant from NYS Environmental Facilities Corp. (EFC)
• Grant funding will make project affordable for users according to NYS guidelines (must cost average household no more that $1,000/yr.) Actual figure will be based on bids. Phase I will serve approximately 360 new customers; design anticipates est. 36,300’ of grinder pump pressured sewer collection system; 200 grinder pump stations; 15,500’ of gravity sewers in specific locations; and 3 major pumping stations.

• EFC will provide 30-year 0% financing for project and they will put up all the bridge financing at 0%
• Currently they are reviewing the bids for engineering/design
• Design will begin March 2019; construction should begin in March 2020 and should be complete by May 2022

            Mr. Senske asked if residents have a choice in hooking up to the sewer.

            Mr. Chagnon said if the dwelling is within 100 feet of the lines, they must hook up.  He said the current plan calls for the lines to be on the northside of Rt. 394 and extend down into the bays. He said this is Phase I and Phase II would be to extend from Stow to Prendergast Point.

            There was further general discussion of sewer for the entire lake.

• CHAUTAUQAU LAKE PROTECTION AND REHABILITATION

            Mr. Chagnon said the County Executive is trying to develop a strategy to try to put to rest the lawsuits and bring interested groups together so we can move forward on what can be agreed on as it relates to the health of the lake.  He said they are also pursuing the possibility of getting dedicated funding for the lake through a Lake District.  He said on their first trip to Washington 3 years ago he and Mr. Borello met with the Army Corps of Engineers to discuss dredging the harbors of Lake Erie and the ACOE was not interested.  However, they were really interested in Chautauqua Lake as an Ecosystem Restoration Project, but the project would take a minimum of 7 years to achieve, with at least 3 years to get on a priority list for Congress.  He said 3 weeks later he received an email that the presentation so impressed them that they pulled some strings and the lake was on the priority list.  He said last March they met in Washington with the ACOE again and they also met with Chuck Schumer’s staff.  He said halfway through the meeting Mr. Schumer’s Chief of Staff (Nick Demetri from Dunkirk) came in and indicated that the Lake was on the 7001-priority list.  He indicated they would get authorization to get the lake on the Water Bill and he would help. In October the President signed the Water Bill with authorization for the ACOE to work on Chautauqua Lake.  He said there are 12 projects authorized in the United States and Protectorate and something that should have taken 7 years, took 1 ½ years.  He said last week they had their first meeting with the Pittsburg District of the ACOE. 

KEVIN OKERLUND, ASSESSOR

            Mr. Okerlund’s report reminded that all exemptions must be filed by 3/1/19. 

HOWARD PEACOCK, JUSTICE

Mr. Peacock read the following report into the record.

COURT REPORT FOR MONTH OF JANUARY 2019

February 11, 2019 Board Meeting

$30,437.00 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 January 2019.  We opened 154 new cases and closed 188 cases.

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

            Mr. Lawson reviewed his report for those present. 

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

            Mrs. Thomas said today the Clerk’s office has satisfied the Warrant to the Supervisor totaling $1,120,708.97 and sent $1,000,000.00 to the Chautauqua County Director of Finance for partial payment of the Counties portion of the Warrant.

• MOTION #24 OF 2019

1. SENA MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENSKE SECONDED. YES (4): SENA, MCNEILL, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
   

ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)

            Mr. Yates said he has been attending numerous meetings, especially related to the lake.  He noted that Mrs. Miller saved the town $280 in postage by purchasing stamps for the entire year.            

• MOTION #25 OF 2019

1. SENSKE MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MR. SENA SECONDED. YES (4): SENA, MCNEILL, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.
   

• MOTION #26 OF 2019

896. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $29,896.41. MR. SENSKE SECONDED. YES (4): SENA, MCNEILL, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.

• MOTION #27 OF 2019

899. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $35,899.62. MR. SENA SECONDED. YES (4): SENA, MCNEILL, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.
     

• MOTION #28 OF 2019

ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:15 PM.

 

Nancy M. Thomas

Town Clerk