TOWN BOARD 5-13-2019

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY, 5/13/2019 7:00PM

 

ROBERT YATES, SUPERVISOR                                                                                    PRESENT

DICK SENA, COUNCILMAN                                                                                        PRESENT

DUNCAN MCNEILL, COUNCILMAN                                                                           PRESENT

LOUISE ORTMAN, COUNCILWOMAN                                                                        PRESENT

STEVE SENSKE, COUNCILMAN                                                                                   PRESENT

 

OTHERS PRESENT:   Pierre Chagnon, Legislator; Louis Rieg, Planning Board; Brad Lawson, Zoning C.E.O.; Dan Strickland, Highway Sup’t.; Dave Stapleton, Attorney; Howard Peacock, Justice; Clayton & Helen Emick; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk 

• PLEDGE
  

• MINUTES:  4/8/2019 & 5/3/2019
  

• MOTION # 57 OF 2019

1. SENA MOTIONED TO ADOPT THE MINUTES OF THE 4/8/2019 TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0).  THE MOTION WAS CARRIED.
   

• MOTION # 58 OF 2019

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

• ANNOUNCEMENTS:
  

• MEMORIAL DAY SERVICE – SUNDAY, 5/26/2019 2:00 PM VETERANS PARK
  

• PUBLIC COMMENT

            Mr. Emick asked for a copy of the 5/3/2019 minutes and Mr. Yates provided them to him. 

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

1. CONNECT – 2-1-1

            Mr. Yates said this was presented at the Supervisor’s meeting as an outreach program that is nationwide to provide answers to people’s questions on a wide variety of subjects including: food, shelter, employment, disability, etc.  He said this is a very helpful program and indicated that there is information you can take to implement this available here at the office.

2. COUNTY DIRECTOR OF FINANCE – Foreclosure List Properties
   

            Mr. Yates said there are only four North Harmony properties on the list, and it was discussed that the sale will be on 6/15/19.

3. CHARTER-SPECTRUM – Upcoming Changes

            There was general discussion of services and cost.

4. NYS-DEC – Nuisance Beaver Permit

            Mr. Yates said the Highway has received the permit to control beaver and they can shoot them as long as it is not trapping season.

5. LAUREN FAHRDRICH – CENTER FOR DIGITAL EDUCATION – Safer Schools

            Although this correspondence does not cover the issue, there was discussion of the bill to fit all school buses with cameras on the STOP sign arms to capture those who illegally pass buses. 

            Mr. Peacock said some of the CLCS buses has the cameras, but at this time even though the information may be obtained and verified, for some reason the Sheriff’s Department cannot enforce the law.

• OLD BUSINESS:
  

1. CHAUTAUQUA LAKE:

• Herbicide Treatment

            Mr. Yates said at 10:00 AM this morning the town had $10,000.00 to spend on herbicide treatment; by the end of the day we had $48,000.00 which will allow us to apply treatment to 53 acres.  35 acres in the Stow Ferry area and 18 acres in Hadley Bay.  He said this action has been a learning experience for all and it supports the strength in the Memorandum of Agreement (MOA).  He said there had been meetings with all the stakeholders every evening and some during the day for well over a week.  He said he sought guidance from Mr. Chagnon and counsel during this period and he expressed appreciation for all those who helped in the process.  Mr. Yates noted that the areas treated this year will not be treated next year so the process will be fluid in years to come.

            Mr. Sena said Mr. Yates had hosted daily meetings with the stakeholders and commended him for getting everyone together.

            Mr. Yates said a Coordination meeting was held today with all safety and service departments present.  Herbicide application to start Wed. 5/15/19 weather permitting, and permit period ends 5/22/19.

            Mr. Chagnon said there has been a lot of work behind the scenes for the last number of months getting this process together and he hopes the results reflect this.  He said the County will have 3^rd Party independent water monitoring going on pre, during and post treatment.  He said they will also develop a report on what can be done “better” next time.  He said a very comprehensive clean-up at Burtis Bay was completed today before herbicide treatment. 

            There was further general discussion of the treatment operation; additional tests that will be done by 3^rd party monitor. There was discussion of illegal chemical treatment of dock areas by property owners and it was noted that tests used in the monitoring may expose that use.  The final testing will be done 3 months after treatment and a full report should be available in the Fall.  

3. CBIZ/NYMIR – Inspection of town buildings (inspection was done but no report yet)
4. UPDATE NEW TOWN/COURT BUILDING

            Mr. Yates said bids for the construction of the new building, including General Construction; Plumbing; HVAC; and Electrical, will be opened on 5/14/19, at 11:00 AM.  He said once the bids are received it will take some time to review them and our costs.  He said Mr. Stapleton and Mrs. Miller have been working to get a clear understanding of how to use our grant funds and bridge loans.  He said we have another bill coming from Harrington Architecture for around $4,000.00. 

            There was discussion on what account the payment to Harrington should come from.

            Mrs. Miller said we can use General Fund Building A1620.4 to make the payment and then refund it back.

            Mr. Stapleton said he understood that Mr. Yates would be submitting the first set of bills to DASNY accounts payable to try to get payments reimbursed to the town that have already been funded by the Capital Reserve.  He said DASNY had confirmed several months ago that accounts payable was all set to start taking submission of expenses (including Architect fees) for the project. 

            Mr. Yates said he would like to have the board review and double check the financing so that nothing is missed.  He said it may be that the contractors will have to be brought in to try and get the costs in line.  He said although we will open the bids tomorrow, we will not award the bid yet.

• MOTION # 59 OF 2019

MRS. ORTMAN MOTIONED TO EXPEND UP TO $4,000.00 FROM THE GENERAL FUND BUILDING ACCOUNT A-1620.4 FOR PAYMENT OF CONTRACTUAL INVOICE FROM HARRINGTON ARCHITECTURE.  MR. MCNEILL SECONDED.  YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0).  THE MOTION WAS CARRIED.

4. TOWN GRAVEL PIT & BUTTS PARK – SALE OF TIMBER

            Mr. Yates said Mr. Sena pointed out that from the logging operation we received a check in the amount of $32,965.50 in December 2018. 

            Mrs. Miller said that had been deposited into the General Fund.

            Mr. Sena said according to Motion #77 of 2018 all funds realized from the sale of timber should have been deposited into the Capital Reserve Account to fund the new building.

            It was discussed that there was a Revenue A2652 Sale of Forest Products of $20,000.00 in the 2019 budget and those funds should have been placed in the Reserve Town/Court Building A1620.4.1 Expenditure account.

• MOTION # 60 OF 2019

MRS. ORTMAN MOTIONED TO AMEND THE 2019 BUDGET BY TRANSFERRING $8,000.00 FROM THE GENERAL FUND UNEXPENDED BALANCE UNAPPROPRIATED TO CAPITAL RESERVE FUNDS FOR EXPENSES RELATED TO THE CONSTRUCTION OF A NEW TOWN/COURT BUILDING.  MR. MCNEILL SECONDED.  YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0).  THE MOTION WAS CARRIED. 

5. APPRAISALS ON TOWN PROPERTIES

            Mr. Sena said that by Motion #77-2018 the board had authorized the appraisal of town properties; excluding the Community Building and the Mitchell properties because we already have appraisals for those, for possible sale and to place any funds realized in the Capital account for funding of the new municipal offices.  He said that has not been done and he feels we need to move on that.  He indicated that the gravel pit should be appraised. 

            Mr. Yates noted that we don’t want to sell any parks and we have a lot of very small parcels (ROW’s, paper streets, etc.).

            Mr. Sena said we cannot sell the gravel pit area until the logging has been completed, but we do need to have a better handle on what we have and what it is worth. 

            Mr. Strickland said no gravel is coming out of the pit and the highway is now filling it in with dirt to reclaim it.

            It was discussed that there was no need for another motion and decided to hire Holt Appraisals to appraise properties that might be saleable. 

            Mr. Stapleton said that about 20 years ago he had all the records of the County searched and deeds had been obtained for all town held properties (roads, ROW’s, etc.).

            Those records are in the Clerk’s office.

• NEW BUSINESS:

• HIGHWAY EQUIPMENT – OIL SPRAYER

            Mr. Yates said we have received 3 quotes for Oil Sprayer’s to seal roads.  He said in the past we had borrowed them, but it was not working because it seemed that more time was spent repairing the units than using them. 

• Dixon Sealer & Supply, Inc. $15,649.00
• Monroe Tractor $17,784.00
• SealMaster $21,321.68

• MOTION # 61 OF 2019

649. SENA MOTIONED TO ACCEPT THE QUOTE OF DIXON SEALER & SUPPLY, INC. OF $15,649.00 FOR THE PURCHASE OF A NEALCO HTL-550T HOT TACK TRAILER UNIT WHICH INCLUDES A SPRAY BAR WITH SEAT FOR THE APPLICATION OF OIL TO SEAL ROADS. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.
     

• HIGHWAY EQUIPMENT – FREIGHTLINER 114SD TRUCK CAB & CHASSIS AND PLOW

            Mr. Sena said the second purchase order is for a new truck which will not be delivered until March 2020 at the earliest.

            Mr. Yates said Mr. Strickland had worked hard to put the proposal together and the reasoning is that a great deal of funds were expended on repairs this year and it is critical that our trucks be in good condition during the winter. 

            This purchase is a “piggyback” as authorized in NYS Municipal Law Sec. 103 on the Town of Hornellsville award of 12/10/18 on the cab and chassis and Oneida County award contract ref.# 1989 for various truck body and snowplow equipment. 

            Mr. Strickland said there is no down payment due, and this will come from next years budget, but he must have the boards authorization to place the order now so that the truck will be ready for delivery in 2020.

• MOTION # 62 OF 2019

1. SENA MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO ORDER THE FOLLOWING EQUIPMENT AS OUTLINED IN THESE MINUTES TO BE DELIVERED BY MARCH 2020 AT THE EARLIEST. MR. MCNEILL SECONDED.

            Fleet Maintenance, Inc.          Freightliner 114SD Truck Cab & Chassis                  $120,810.00

            Valley Fab & Equipment Various truck body and snow plow equipment               $  91,000.33

                                                                                                                                            $212,610.33

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

• REPORTS:

 PIERRE CHAGNON, LEGISLATOR

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

• We presented a commendation to the Dunkirk Marauder Bowling Team in recognition of their NYS Championship.
• As a result of the internal audit being performed at the request of the County Legislature, we began following through on a recommendation to reduce an identified risk. We abolished numerous petty cash funds and replaced them, where necessary, with purchasing cards.
• We confirmed re-appointments to the Chautauqua County Youth Board, including Rachel Mesmer Ludwig from Ashville.
• We authorized the submittal of a Community Development Block Grant application to the New York State Office of Community Renewal for an Economic Development Grant in the amount of $450,000 to support the development of Webb’s Chautauqua Resorts located on Chautauqua Lake in Mayville.
• We established the Chautauqua County Food Policy Council to serve as a network to bring stakeholders both directly and indirectly involved in a food system together to increase communication between sectors and to strengthen and build healthy, sustainable communities.

JOHN STOW, DCO

            Report indicated a dog was running at large in Cheney’s Point.  The dog was licensed, and the owner was given a final warning to obey the leash law. 

KEVIN OKERLUND, ASSESSOR

            Mrs. Thomas said the Tentative Tax Roll for 2019 has been received and is available on the website. 

            GRIEVANCE DAY, WEDNESDAY 5/29/19 AT TOWN OF CHAUTAUQUA OFFICES

            Dates/times for meeting the Assessor staff prior to Grievance are also located on the website and are posted at the Community Building.  The report indicates that notices of change of assessment have been mailed to property owners.  Stephen Sorg has been hired to fill the position of Appraisal Technician.

            Mrs. Thomas said we received a list of property transfers for April 2019.  The difference between the assessed value of all properties and the sale price was overall up by $31,380. 

HOWARD PEACOCK, JUSTICE

            Mr. Peacock read the following report for those present.

COURT REPORT FOR MONTH OF APRIL, 2019

May 13, 2019 Board Meeting

$28,256.50 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 April 2019.  We opened 235 new cases and closed 269 cases.

 DAN STRICKLAND, HIGHWAY SUPERINTENDENT

            Mr. Strickland said that since he is short two men this summer, if things do not work out with the County for oil/stone this year, they will do it on their own with Suit-Kote.  He said oil is up over $1.00 a gallon already since less asphalt is being made.  He said he plans to continue with Nova-chip on Carpenter-Pringle Road.  He said Randolph, Wall Street, Baker and Fox Roads are in poor shape.

• MOTION # 63 OF 2019

BASED ON PERFORMANCE REVIEW OF THE HIGHWAY SUPERINTENDENT, MR. SENA MOTIONED TO AUTHORIZE $1/HR RAISE FOR M.E.O.’S TED PUGH AND ADAM BRANDI ($19/HR & $28.50/HR OT) RETROACTIVE TO MAY 1, 2019.  MR. SENSKE SECONDED.  YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.

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

            Mr. Lawson reviewed his report for those present.  

            Mrs. Thomas said there would not be a Planning Board meeting tomorrow evening.

            Mr. Lawson said the Ashville Library has an application to add an addition for storage to the rear of the building in for the Zoning Board of Appeals Hearing this month.  He asked if the board would be willing to waive the application and permit fee for this.  Mr. Lawson said he had received some calls about the permit fee for the new town/court building.  It was discussed that it is not necessary to formally waive the fee for the town and contractors can be advised there is no fee to the town involved.

• ASHVILLE FREE LIBRARY BUILDING ADDITION

• MOTION # 64 OF 2019

1. SENA MOTIONED TO WAIVE THE ZONING BOARD OF APPEALS APPLICATION FEE AND PERMIT FEE FOR THE ADDITION ON THE ASHVILLE FREE LIBRARY. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.
   

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

            Mrs. Thomas said a FOIL request was received from LaBella Associates on 4/10/19, regarding the Hogan’s Hut properties.  She said she responded in person to Nicole Stephan on 4/12/19 and copied the request to Brad Lawson.  She said she had received requests for water during herbicide treatment from Galbaier’s, Wasik, and Yeager and arranged delivery with Culligan.  Mrs. Thomas said she received and posted to the website the Tentative Tax Roll and Notice of Grievance Day.  She said the Final Roll, payment and report for Tax Collection 2019 were submitted to the County.  She reported that she, Mrs. Gibbs, Mrs. Stow and Mr. Rieg had all attended the STW Local Government Conference at Houghton, NY.  Mrs. Thomas said she and Mrs. Gibbs attended classes on Sexual Harassment Prevention; Clean Energy Resources for Local Governments; Cemeteries; Vital Statistics and Electronic Death Registration; Powers and Responsibilities of Elected Officials and Geographic Information System. 

• MOTION # 65 OF 2019

MRS. ORTMAN MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED.  MR. SENA SECONDED.  YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED. 

DAN THOMAS, HISTORIAN (North Harmony Centennial Picnic)

• Next meeting of the Centennial Committee Mon. 6/3/19 at 4:00 PM
• PICNIC WILL BE SATURDAY 7/13/19 FROM 12:00 NOON TO 5:00 PM
• Pig Roast with all the fixings served at 1:00 PM (Thanks for help from Stow Family and Steve Senske with food)
• Will Ortman Duty Roster – Will need help with serving food
• Band – Steel Rails performing from 2-5:00 PM
• PIE CONTEST: Apple; Berry/Fruit; Cream – Prizes to be awarded
• Bring lawn chairs; safe yard games (corn hole, kick balls, etc.)?
  

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

• MOTION # 66 OF 2019

MRS. ORTMAN MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED.

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

 MOTION # 67 OF 2019

212. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $46,212.33. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.

• MOTION # 68 OF 2019

781. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $38,781.91. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0).  THE MOTION WAS CARRIED.
     

• MOTION # 69 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 M. Thomas, Town Clerk