TOWN BOARD 4-8-2019

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY, 4/8/2019 7:00PM

 

ROBERT YATES, SUPERVISOR                                                                        PRESENT

DICK SENA, COUNCILMAN                                                                               PRESENT

DUNCAN MCNEILL, COUNCILMAN                                                                PRESENT

LOUISE ORTMAN, COUNCILWOMAN                                                            PRESENT

STEVE SENSKE, COUNCILMAN                                                                       PRESENT

 

OTHERS PRESENT:  Dave Stapleton, Attorney; Louis Rieg, Planning Board; Robin Miller, Bookkeeper; Jim Wehrfritz, Jim Cirbus, Mike Latone, CLP; George Borello, County Executive; Rene Yates; Will Ortman; Dave Munsee; Dan Thomas, Historian; Howard Peacock, Justice; Dan Strickland, Highway Sup’t.; Clayton & Helen Emick; Brad Lawson, Zoning C.E.O.; Nancy Thomas, Town Clerk

• PLEDGE
  

• MINUTES:  3/11/2019
  

• MOTION # 41 OF 2019

1. MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 3/11/2019 TOWN BOARD MEETING AS SUBMITTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0).  THE MOTION WAS CARRIED.

 ANNOUNCEMENTS:  

• DAVE MUNSEE – REQUESTING PERMISSION TO PLACE SWEET CORN STAND AT 4 CORNERS IN ASHVILLE

Mr. Munsee provided the Town Clerk with a copy of his liability insurance certificate as he has in the past. 

• MOTION # 42 OF 2019

1. SENA MOTIONED TO GRANT PERMISSION TO DAVE MUNSEE TO PLACE HIS SWEET CORN STAND AT TOWN PROPERTY LOCATED AT THE 4-CORNERS IN ASHVILLE UNDER THE SAME CONDITIONS AS PREVIOUS YEARS. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW.  NO (0).  THE MOTION WAS CARRIED UNANIMOUSLY.
   

• Mitchell property : water drained & gas shut off at meter. 2 people have inquired about renting and or buying the property.

            Mr. Yates said we would have to consider in the future what will be done with the property but at this time it is not costing the town any additional funds. 

• Dog Shelter located at Mitchell Property

            Mr. Yates said the town would probably be moving the dog shelter building up to the Highway building property.  He said this could be discussed further.           

• April 8^th meeting with NYMIR’s contractor CBIZ to conduct onsite building inspection of insurable properties (Mr. Coughlin @ 9:30 am.) Copy of new building plan ?

            Mr. Yates said they had cancelled todays meeting and would be doing the inspection tomorrow. 

• Emergency Operations Plan has been up-dated. All town employees will receive a copy along with Employee Hand Book

            Mr. Yates said if anyone does not have a copy to please contact him or Mrs. Thomas.  

• PUBLIC COMMENT
  

• JIM WEHRFRITZ, JIM CIRBUS AND MIKE LATONE, Chautauqua Lake Partnership (CLP) – Chautauqua County Consensus Strategy and Memorandum of Agreement (MOA)

            Mr. Wehrfritz, CLP Vice President, said since the CLP is considering what changes are required before it commits to the MOA, he would like to make some personal comments.  He said he has worked on behalf of North Harmony with CLP teammates for the last 2 ½ years without compensation and they were instrumental in getting the use of herbicides back into the Chautauqua Lake tool kit and available to the municipality.  He said prior to their work begun in 2016 the last herbicide treatment on the lake had occurred in 1993. He said the lake had deteriorated greatly, and at that time a lake herbicide permit was unobtainable.  He said some of the concerns regarding the MOA are:

• Poorly written but legally binding document/contract with numerous objectionable and ambiguous terms
• There is no funding for the participants, but it requires them to fund additional consultants and studies beyond those that the CLP has paid for in the last several years
• It includes herbicide limitations and burdens which aren’t supported by science and are additional to the requirements of the NYS-DEC
• It ignores the $250,000 recently completed and regulatory compliant Chautauqua Lake SEIS
• Lawsuit and lawsuit threat increases as the MOA is a legally binding contract and now anyone who feels that participants have not complied with each of its tenets can sue for breach of contract and this adds to the Article 78 frivolous suits that the CLP has endured and won in the last 2 years.
• The burden of potential lawsuit will go to signatories and potentially non-signatories and particularly to the municipalities and the Chautauqua Lake Association (CLA) that are actually doing things in the lake

            Mr. Wehrfritz said he has heard many verbal promises made to relieve these and other concerns and he feels that if those are to be trusted they should be added to the MOA’s language.  He asked the town to consider tabling the MOA tonight to learn more about its implications before formally signing it.  He said the 4/17/19 deadline is arbitrary and will likely occur before the permits are obtained and reviewed.  He said when those permits are received you will see how the permits conflict with the MOA and you will also clearly see the additional requirements that will fall on the town through the MOA, in addition to the permit conditions.  He said the MOA includes no termination rights and the town will be locked into it for 3 seasons or until 2021.  He again suggested that the town table the matter until more is learned and particularly what the permits are going to say when they come out.  He thanked all for their time.

• GEORGE BORELLO, COUNTY EXECUTIVE, MEMORANDUM OF AGREEMENT (MOA)

            Mr. Borello said this agreement is an outline of a framework of how we can all work together. He said the MOA is a Policy Agreement.  He said whatever challenges exist now will be there regardless, but this provides framework for the towns; coverage from the County and CLWMA and others that agree to sign on.  He said he had just returned from Celoron where Mr. Wehrfritz had spoken to their board as well and they voted unanimously to support the MOA.  He said this is a great opportunity to show unity to outsiders and perhaps garner some resources through that unity.  He said this type of contentious situation has existed in other areas (i.e. Lake George) and through their decision to work together much has been accomplished and resources garnered that did not exist previously (i.e. Foundations, IBM, etc.).  He said he appreciates all the CLP volunteer hours and what they done to help bring herbicides back to the tool kit.  He said many have asked for leadership on the part of the county and this is their response.  He said he believes this is a great start and everything else will fall in place afterwards through discussion and collaboration. 

            Mr. Senske asked why can’t all the factions agree?

            Mr. Borello said everybody has the best intentions for a clean healthy lake, but the details seem to hang things up.  He said they interviewed all the major stakeholders and asked for their input and then had Ecology and Environments (E&E) of Buffalo, put together a consensus strategy. He said all involved had done their due diligence in this process.  He said the tenets in the MOA are based on that body of work. He said the way to start is to agree on the things we can, and work on addressing the others as we go along. 

            Mr. Sena asked who drafted the MOA.

            Mr. Borello said it was drafted by E&E and the legal team at the County.

            Mr. Sena expressed concerns about costs to the town for things that are not in our budget.  He asked if the MOA can require/force the town to pay for something they had not planned on (i.e. third-party water monitoring/testing). 

            Mr. Borello said if the town signs onto the MOA it will free up money at the County level so they can pay for the 3^rd party monitoring and allow them to assist with the permit process and anything else that has to do with treatments in the lake.  He said the MOA is the County’s commitment also.  He said there are no further commitments for funding from the town than what they already have and what they proceed to act on and fund when permits are issued. 

            Mrs. Yates said she lives on Stoneledge Road and she is concerned about the physical and biological impacts on people and nature when using herbicides. 

            Mr. Wehrfritz said this question is completely and clearly addressed in the SEIS and approved for use in the lake in the last few years by the DEC.

            Mrs. Yates said she would like to have the herbicide label information.

            Mrs. Thomas said she would provide those from the treatment last year. 

            There was general discussion of the time restraints for animals drinking water from the lake and swimming restrictions after application, as well as human consumption of lake derived water after treatment and testing.

            Mrs. Emick asked about the possibility of additional lawsuits and whether those costs would trickle down to the taxpayers or if there is a plan in the MOA or elsewhere for funding if they occur.

            Mr. Borello said lawsuits are always a possibility but by signing the MOA, stakeholders are strengthening their position as there is strength in numbers.  He said he feels the chances for a frivolous law suit are not impossible, but definitely weakened, and basically these types of suits cannot be predicted. 

            Mr. Yates said the town has nothing in the budget for a lawsuit, but if we are named in a suit, we will have to defend ourselves.  He said in this instance you cannot budget for the unexpected.  He asked if there were any other comments.

            Mr. Senske asked if there was a reason behind the deadline date to sign the MOA of 4/17/19.

            Mr. Borello said they have been working closely with the NYS-DEC and they wanted to give them plenty of time to look at who signed and who didn’t in order to help them make decisions going forward; not just with herbicide permits, but with other actions they may take.  They want to get things done this season.

            Mr. Senske said the use of herbicides this year really does not have anything to do with signing the MOA and he wanted that to be clear.

            Mr. Wehrfritz commented that the DEC has informed them 3 times in the last several months that the MOA could not legally influence the permits, the limitations and the conditions.

            Mr. Sena commented that the SEIS done last year was an incredibly comprehensive statement and hundreds of thousands of dollars were spent on it.  He said he does not understand why that was not considered in the MOA.  He said his major concern is cost to the town and the CLP has identified areas of concern that are not addressed in the MOA. He said they should be addressed before we act on this.  He asked Mr. Stapleton for his thoughts.

            Mr. Yates asked Mr. Stapleton if he had any comments on this

            Mr. Stapleton said he did not feel it was his place to comment about the document.  He said if he had a concern that the town should not enter into any type of contract because it would open us up to explicit liability at that time, that was definitely foreseeable under the circumstances, he would tell us. 

            There was further general discussion regarding treatment and 3^rd party testing.  There was discussion of whether the town is listed as an additional insured under Solitude’s policy.

            Mr. Yates said the town had budgeted and funded both the CLP and the CLA for $7,000 each and Mrs. Thomas had secured a grant for herbicide treatment of $10,000.00, so we do have some funds available.  He said if we all stick together, there is our strength and to have the County involved is something that has been sought for years.

            There was discussion that the document seems vague and ambiguous. 

            Mrs. Ortman said she looks forward to a Countywide opportunity for all the involved people and towns; villages; stakeholders; around the lake to be united in a common goal.  She said with a few checks and balances this will be an opportunity for us to get assistance; including technical, financial, resource and even some protection. She said she feels this is the best opportunity she has seen for the health and future of the lake to enter into a collective agreement and perhaps fluid agreement that can be further refined in the future.            

• MOTION # 43 OF 2019 (Copy of Agreement appended to Minute Book)

MRS. ORTMAN MOTIONED TO AUTHORIZE TO SUPERVISOR TO SIGN THE MEMORANDUM OF AGREEMENT FOR CHAUTAUQUA LAKE CONSENSUS STRATEGY (MOA).  MR. MCNEILL SECONDED. SENA, NO; SENSKE, YES; MCNEILL, YES; ORTMAN, YES; YATES, YES.  THE MOTION WAS CARRIED BY A VOTE OF YES (4); NO (1).

• CORRESPONDENCE:

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

1. Water agreement with City of Jamestown BPU (deadline 12/13/19)

            Mr. Yates said the original document was first signed in 2005.

            Mr. Sena said it had been a 5-year agreement and must have just slipped through the cracks.

2. Contract drilling and testing SJB (bore test for new building)

            Mr. Yates said one of the test bore holes for the new building has standing water at about 3.5’ deep.   He said he was more concerned about the compaction rate and it appears we will have to do some extra work on the footing for under drains.  He said they had dug to 32’ and have gotten core samples all the way down.

He further explained the importance of making sure the construction is on firm ground for future stability.

3. Governors Director of Regional Affairs

4. Supervisor meeting at Ellery (just the towns around the lake)

5. CLP meeting at Lawson Center 4/5/19

6. FOIL REQUEST 3/19/19 – American Transparency

            Mr. Yates said this was a request from an organization from Florida gathering information including vendors, addresses, expenditures, etc.

            Mrs. Thomas said we have had many of these types of requests where basically they use FOIL to obtain information to build their own data bases for profit.  She said if they are not requesting sensitive information (i.e. employee names, phones, etc.) FOIL Law requires that we must comply to a certain level outlined in the law.  She said she had responded to the request and received notification from American Transparency that they are satisfied with the response.

7. NYS-DEC Burn Ban Statewide from 3/15/19 to 5/14/19
8. CORRESPONDENCE RE LAKE HERBICIDE TREATMENT RECEIVED FROM THE FOLLOWING:  Edward D. Crum; Rick Ott; Lisa Ott; Loreen Ott; Bret Emick
9. BOOKKEEPER ATTENDS TRAINING

            Mr. Yates said Mrs. Miller had attended a class on Discrimination and Harassment Complaint Investigation Process to fulfill annual training requirements.  This training will be ongoing.

10. LOUIS RIEG – SANCTUARY FOR ILLEGAL ALIENS IN ASHVILLE

            Mr. Rieg said the correspondence was addressed to residents of Ashville warning them that they could be made sanctuary communities for illegal aliens if NYS is declared a sanctuary state.  It further warns that the voting population could become drastically different if that happens.

11. LORI RUSSELL – ASHVILLE UMC CROSS WALK

            Mr. Yates said Ms. Russell had come in and requested permission to do an Easter Cross Walk from the church to the Veterans Park on Good Friday at 6:00 PM.  The crosses would be symbolically placed in the park and left up until Easter.  He said he had spoken to the Association of Towns and legal resources and they advised that the board could take a vote on this, however, it would open the town up to a policy of allowing other groups to use the park for any purpose.  He said we don’t have permitting rules pertaining to the park.

            There was discussion that this relates to the separation of church and state and that it would be better if they removed the crosses at sunset on Friday rather than leaving them up all weekend.

            Mr. McNeill said he is uncomfortable with the idea.  He said the park is specifically for a Veteran’s Memorial and should not be used in other ways.  He said the Maple Grove Cemetery might be a better choice.

            Mr. Ortman pointed out that what the church wishes to do has nothing to do with a Memorial Park to honor veterans.

            Mr. Stapleton said he felt that the board should not take any position on this either way.

• MOTION # 44 OF 2019

1. SENA MOTIONED TO ALLOW THE ASHVILLE UNITED METHODIST CHURCH TO HOLD A CROSS WALK PROCESSION AND PLACE CROSSES AT THE VETERANS PARK OVER EASTER WEEKEND (FROM GOOD FRIDAY THROUGH HOLY SUNDAY). MRS. ORTMAN SECONDED. YES (3): SENSKE, ORTMAN, SENA. NO (1): MCNEILL.  ABSTAIN (1): YATES.  THE MOTION WAS CARRIED.
   

• OLD BUSINESS:
  

1. Report on sewer meeting with Chautauqua Institution & Jamestown BPU

            Addressed under 4. 

2. Harrington update and review on new building plans

            Mark Stow at Health Dept. agreed to a 1,000 gal. holding tank with High water sensor as we are hooking up to new sewer system next year.

            Mr. Yates said Harrington has supplied 3 copies of the plans for the new building which are 97% complete.  He said the drawings for the roadway and walkways are not yet complete.  He said he had also spoken to Mark Stow, County Dept. of Health and due to future plans for sewer hookup, they will allow the town to install a 1,000-gallon holding tank with a water sensor until that hookup occurs.  

3. Chautauqua County Executive George Borrello Memorandum of Agreement for the Chautauqua Lake Consensus Strategy was signed 3-27-2019 by Borrello

            Addressed during Public Comment 

4. Meeting with Jamestown BPU, County Ex.Borrello, Pierre Chagnon, Town of Chautauqua 3/27/19

            Discussion was productive. Showing a way to receive grant funding for a study through town up to             Chautauqua

            Mr. Chagnon said there had been a meeting attended by the County, Town of Chautauqua, Chautauqua Institution and BPU about a feasibility study for water.  He said they have agreed to pursue a grant to fund that study.  He said he has had conversations with the NYS Environmental Facilities Corp. in conjunction with NYS Office of Community Renewal looking for grant opportunities. 

            Mr. Sena asked about doing the engineering for water in conjunction with the sewer as it relates to cost effectiveness.

            Mr. Chagnon said the reality of the process is that trying to add water on at this stage could slow down the sewer.  He said where they are now in water district discussions is where they were 5 years ago on the sewer discussion.  He said a simplification of the process is 1) feasibility study 2) preliminary engineering 3) development of the district boundaries 4) search for grant/funding opportunities.  He said until you get funding committed you can’t spend funds doing engineering design for the alignment of the water lines and sewer lines. 

5. Meeting with South & Center Chautauqua Lake Sewer District 3/28/19

            Will have a full report by mid-April. We received a copy of Sept.2017 Sewer District Report.

            Mr. Yates said he hopes to have maps showing distances of the new sewer district by the end of the week.  He said that would be available for public review when received. 

6. Clerk of the Works on new building project (Harrington Architecture)

            Mr. Yates said Harrington Architecture provided a proposal to perform as Clerk of the Works for the new building project.  He said this would be a cost saving measure and the Architect would still be present for the big items like concrete pour, etc., He explained that he, Mr. Sena and Mr. Ortman would be the towns “eyes” on the project and they would be able to work with Harrington on a day to day basis regarding any issues.  He said Harrington would have the authority to issue a stop work order.  The proposal is for $65/HR for a maximum 10/HRS per week.  There is further information relative to Additional Services and Hourly Rate schedules outlined in the proposal and attachments. He said he had discussed this with legal authorities and been advised that the town or an elected official cannot legally be the Clerk of the Works.

            It was discussed that this might prove to be cost saving for the town and Mr. Yates said it allows the town to have complete control on the funds. It was discussed that there will be 4-5 separate contractors performing different jobs on the project and Harrington as Engineer will be best suited to overseeing the multiple stages. 

            Mr. Lawson said he felt the position was needed because of the way the contract was structured.  If it had only a General Contractor, they could perform that function, but not in this case because of the multiple contracts.

            Mr. Yates said Mrs. Miller advised that the town must assure that contractors are trained for compliance with Sexual Harassment Law.

            Mr. Stapleton said the agreement makes Harrington responsible for coming to the town and reporting progress and any issues with the project; he is not responsible for being onsite at all times supervising.  He said that gap is what the town is trying to bridge.

• MOTION # 45 OF 2019

1. MCNEILL MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN DOCUMENTS APPOINTING HARRINGTON ARCHITECTURE/ENGINEERING, INC. AS CLERK OF THE WORKS FOR THE NEW TOWN OFFICE/COURT BUILDING PROJECT AS OUTLINED IN THEIR PROPOSAL. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

 

7. MOWING BIDS – 2019-2020

            Lawns n More           2019-2020       $295.00                       ($10/hr. general cleanup)

            Craig Stevens             2019-2020       $280.00                       ($15/hr. general cleanup)

            Mrs. Thomas said Nathan Short Lawns n More has been performing the work for at least 3-4 years and has done a very good job for us.

            Mrs. Miller said not that long, just for a couple of years.

            There was discussion of trimming bushes and general clean-up charges and Mr. Strickland noted that Mr. Short has been trimming the bushes at Veterans Park to help train them along. It was noted that both bidders provided certificates of insurance.

            Mr. Strickland said Mr. Stevens does a good job at the Fire Department Ball field.  He said both bidders do a good job.

            Mr. Yates stated that he would be inclined to hire Mr. Short as he is familiar with the work and does a good job.

            Mr. Sena said you must go with the low bid.

            Mr. Stapleton said as long as they are responsible bidders, typically you would go with the low bid.  He said the wild card is the general clean up and hours.

            Mr. Strickland said there would be questions if the low bid does not get it.  You will hear about it.           

           Mrs. Thomas said that a couple of years ago the town received grant funding from the CRCF for shoreline weed cleanup for Sr. Citizens and Nate Short had stepped in and performed that additional job which was not easy.

            There was lengthy discussion of whether the differences in the charges for cleanup ($10/HR vs. $15/HR) would offset the difference between mowing’s $295.00 vs. $280.00.  There was discussion of tabling the matter for more information on cleanup hours but there was also concern about starting the mowing in a timely manner.

• MOTION # 46 OF 2019

280. SENA MOTIONED TO AWARD THE BID FOR MOWING CERTAIN TOWN PROPERTIES TO CRAIG STEVENS AT A COST OF $280.00 PER FULL MOW AND $15/HR GENERAL CLEANUP. MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

8. County working on bridge located on Old Bridge Rd.

            Mr. Strickland said they plan to repair the upside beams of the bridge, but he suspects once they get started, they will find more problems.  

9. BOCES/Sunrise Cove BAN – Authorize Supervisor to make payment and renew
   

• MOTION # 47 OF 2019

678. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN DOCUMENTS AUTHORIZING PAYMENT ON THE M&T BANK BOCES/SUNRISE COVE WATER DISTRICT BAN DUE ON 5/9/18 AS FOLLOWS: PRINCIPAL AMOUNT $36,678.18; PRINCIPAL PAYMENT $13,800.00; INTEREST PAYMENT 4.9% $1,792.24; TOTAL PAYMENT $15,732.98. FURTHER, THE SUPERVISOR WAS AUTHORIZED TO SIGN DOCUMENTS, ONCE PREPARED, RENEWING THE BAN IN THE PRINCIPAL AMOUNT OF $22,878.18 AT AN INTEREST RATE TO BE DETERMINED BY MARKET RATE.  MRS. ORTMAN SECONDED.  YES (5); SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0).  THE MOTION WAS CARRIED.
     

10. Chautauqua Region Community Foundation (CRCF) – Received grant of $350.00 to hire music vendor for 2019 Centennial Celebration

            Mr. Thomas said the committee owes John Brown a thank you for his work in securing these funds.

• NEW BUSINESS:

1. Schedule work session to audit Town Bookkeeper’s books

            Mr. Yates said the bookkeeper’s books are ready for audit.  He asked that the bookkeeper be present for the audit.  He said the books will not be available (left out) in the evening nor on the weekend unless arrangement is made with Mrs. Miller.

            Mr. Senske asked if there was a deadline.

            Mr. Sena said it had been discussed in the past, but he asked again when the last time an outside audit of the books had occurred.

            Mrs. Miller asked if he meant by the Comptroller or and independent auditor.

            Mr. Sena said both.

            Mrs. Miller said independently she did not know, but there was an audit by the Comptroller in 2004 for 2003 books.  She said she had requested an audit by the Comptroller’s office and had been told by their agent at a meeting about a week ago that the town is not noted as high risk and they are short on auditors, so there is no concern at this time. 

2. Town Dock Extension

            Mr. Yates said Mr. Ortman had spoken to him about the town dock and indicated that there are a couple of slips that are not used because the water is so shallow and they discussed the possibility of exchanging those slip sections for two (2) 10’ sections to extend the dock further into the deeper water for fishing.  He said boats are not allowed to use the dock. 

            It was discussed that the AFD no longer keeps their rescue boat at the dock because the water is too shallow. 

            Mr. Yates said Mr. Bradford is going to talk with Mr. Kleinfelter who originally built the dock to see if something of that nature could be arranged. 

3. Parks – Spring Cleanup

            Mrs. Thomas said she has ordered the garbage cans from Beichner to be placed in the parks and the handicap outhouse for the Ferry Park. 

            Mr. Strickland said the highway would be working on the driveway at Butts Park and doing some sprucing up before the Centennial picnic.  

4. Meeting with County and BPU 3/27/19 they will prepare grant application for water Feasibility Study

            Addressed under Old Business 4. 

5. Memorandum Of Agreement for the Chautauqua Lake Consensus Strategy – Authorize Supervisor to sign

            Addressed under Public Comment

6. Authorize Harrington Architecture to put out bids for construction of New Town/Court Building as necessary

            Mr. Stapleton said in order to avoid waiting for next month’s meeting or calling a special meeting since the plans are 97% complete, the Supervisor would like to authorize Harrington to put out the bids for the new town building.  He said the balance of the civil drawings can be reviewed as soon as they are done.

            Mr. Yates said he would like to keep the process moving as the construction season is here.

• MOTION # 48 OF 2019

1. SENSKE MOTIONED TO AUTHORIZE HARRINGTON ARCHITECTURE TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION PROCESSES FOR THE NEW TOWN/COURT BUILDING BASED ON THE 97% COMPLETED PLANS PROVIDED. MR. MCNEILL SECONDED. YES (5); SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0).  THE MOTION WAS CARRIED.
   

7. Dave Munsee – Request to operate Corn Stand at Town Property located at 4 corners Ashville

            Addressed under Announcements 

• REPORTS:
  

PIERRE CHAGNON, LEGISLATOR

            Mr. Chagnon said the following had occurred at the March 2019 Legislature meeting:

• We accepted a NYS Office of Indigent Legal Services grant to the Chautauqua County Public Defender’s office of $15.5 million for the period April 2018 through March 2023. After many years of criticism of the County financial support to the Public Defender’s office not meeting the state standards for caseloads and staffing levels, and yearly budget overruns, the State has finally awarded this grant to cover all costs above our historical budget levels. We held the line with our budgets, and the State finally came through with a grant.
• We authorized $20K for a comprehensive feasibility study for a game changing operation to integrate the hops and barley industries from the growing stage through the processing of ingredients and finished food products to serve the fast-growing craft beer, distilled spirits, and healthy functional foods industry sectors. The County contribution will be combined with funding from a prospective developer, local foundations, and the IDA for the $120K study. The proposal was met with objection from some legislators who believed growing hops and barley in Chautauqua County was impractical. The rest of us want to see what the feasibility study says.
• We authorized the County Executive to enter into the Chautauqua Lake Weed Management Consensus Strategy Memorandum of Agreement with the Chautauqua Lake stakeholder municipalities, agencies, and organizations, which sets forth tenets governing future weed management practices in Chautauqua Lake.

KEVIN OKERLUND, ASSESSOR

            Mrs. Thomas said Mr. Okerlund’s report indicated that the Tentative Tax Roll will be filed by 5/1/19.  Grievance Day will be held on 5/29/19 at the Town of Chautauqua offices.

HOWARD PEACOCK, JUSTICE

            Mr. Peacock read the following report for those present.

COURT REPORT FOR MONTH OF MARCH 2019

April 8, 2019, 2019 Board Meeting

$37,243.00 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 March 2019.  We opened 212 new cases and closed 259 cases.

            There was discussion about reapplying for grant funding for the court.

JOHN STOW, DCO

            Mr. Yates reviewed the DCO report and said he has been very busy this month. 

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

            Mr. Strickland said they are doing spring cleanup: working on shoulders, sweeping, redoing 2 small trailers in the shop, etc. He said he has started the permit process with Dave Span to get into Cheney Creek and do some repair work.  He said Mr. Span will try to get 2% bed tax funding next year to put rock in to help stop bank erosion at Cheney Creek. 

DAN THOMAS, CENTENNIAL – NEXT COMMITTEE MEETING Mon. 5/6/19 at 4:00 PM

            Mr. Thomas said the Harmony Historical grounds are open for the season and they are very grateful for any help on Tuesday’s working on records.  He said he will be giving a presentation to kick off the North Harmony Centennial at the Society meeting on Tuesday 4/16/19, and encouraged those who were able to attend.  He said outhouses and tents have been ordered and the committee needs to begin planning food, etc. very soon. 

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

            Mr. Lawson reviewed his written report for those present.  He noted that he would not be in on 4/18/19, as he would be out of town for Easter.

            Mr. Sena noted that the Willets, an Ashville military family on Spooner Rd., had been selected for a new Montel Williams show “Military Makeover” and will be having their home redone.

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

            Mrs. Thomas said of the original tax warrant of $3,525,892.16 we have collected full payments of $3,387,939.99 with a remaining balance unpaid of $137,952.17 (approx.3.8%). 

• MOTION # 49 OF 2019

MRS. ORTMAN 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 # 50 OF 2019

1. 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 # 51 OF 2019

592. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $41,592.33. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.

• MOTION # 52 OF 2019

85. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $23,085.95. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.
    

• MOTION # 53 OF 2019

ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MRS. ORTMAN AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:45 PM. 

Nancy M. Thomas

Town Clerk