TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 10/15/2019 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; Dan Strickland, Highway Sup’t.; Carol Sena; Howard Peacock, Justice; Pierre Chagnon, Legislator; John Stow, DCO; Nancy Thomas, Town Clerk
- PLEDGE
- MINUTES: 9/9/19; 9/17/19; 10/7/19
- MOTION # 110 OF 2019
- SENSKE MOTIONED TO ADOPT THE MINUTES OF THE 9/9/2019; 9/17/2019; 10/7/2019, TOWN BOARD MEETINGS AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- RESOLUTION: DATED 10/15/19 TOWN OF NORTH HARMONY ADOPTING POST-ISSUANCE TAX COMPLIANCE PROCEDURES
Mr. Yates said we had received the request from Hodgson Russ LLP, the towns bond counsel regarding the BAN for the new building construction. They indicated this was a step the IRS has developed as a “best practice” procedure related to the issuance of bond anticipation notes.
- MOTION/RESOLUTION # 111 OF 2019
RESOLUTION #111-2019, DATED OCTOBER 15, 2019, OF THE TOWN BOARD OF THE TOWN OF NORTH HARMONY, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”) ADOPTING POST-ISSUANCE TAX COMPLIANCE PROCEDURES
WHEREAS, the Internal Revenue Service has issued regulations requiring issuers of tax-exempt obligations to certify on various forms that they actively monitor compliance with federal tax rules following the issuance of such obligations; and
WHEREAS, the Town is a periodic issuer of tax-exempt obligations and thus is subject to the aforementioned compliance requirements which are critical for the preservation of the preferential tax status of those obligations; and
WHEREAS, it is therefore in the best interest of the Town to adopt formal written procedures to ensure such compliance and to designate an official responsible for ensuring that such procedures are followed; and
WHEREAS, Hodgson Russ LLP, as bond counsel to the Town, has prepared (and has recommended that the Town adopt) post-issuance tax compliance procedures;
NOW THEREFORE, BE IT RESOLVED, that the Town hereby adopts the post-issuance tax compliance procedures that are identified below as “Schedule A” and resolves to be governed thereby; and be it further
RESOLVED, that the below Schedule A will be placed in its entirety in the official records, files, and minutes of the Town and adhered to going forward; and be it further
RESOLVED, that this resolution shall take effect immediately upon its adoption.
- MCNEILL MOTIONED TO ADOPT MOTION/RESOLUTION #111-2019 AS STATED ABOVE. MRS. ORTMAN SECONDED.
Discussion:
Mr. Stapleton said this is an IRS regulation that Hodgson Russ as Bond Counsel want clients to adopt so that if there is an audit the town can say that these procedures are in place and the town is compliant. He said this is just formalizing an action that the bookkeeper is already performing.
A ROLL CALL VOTE WAS TAKEN: ROBERT YATES, YES; LOUISE ORTMAN, YES; DUNCAN MCNEILL, YES; STEVE SENSKE, YES; RICHARD SENA, YES. NO (0). THE MOTION/RESOLUTION WAS CARRIED UNANIMOUSLY.
- ANNOUNCEMENTS:
- Sexual Harassment Training has been completed by all employees effective 10/4/19
- New Building up-date – Steel beams for structure set today
Mr. Yates said once the floors are poured, we will schedule our first construction meeting. He said up to this point we have not needed a Clerk of the Works and have been able to work with the Contractors individually.
- PUBLIC COMMENT:
- CORRESPONDENCE: The following correspondence has been received and is available for review:
- Constellation Electricity Agreement expires 4/2020 – Fixed Price Renewal Quotes
- U.S. District Court Northern Dist. Ohio Class Action Notice – National Prescription Opiate Litigation
Mrs. Thomas said this is just a notification that there is a Class Action Suit going on and advising that if our County wishes to start its own Suit, they must advise that by 11/22/19, otherwise no action is required.
- Legal Notice – Town of Busti – Sale of Real Property 10.25 acres Hunt and Gleason Roads
- NYS-DEC – email Keith Carrow, Sr. Forester and Robert Stanton, Real Property Supervisor re Drake Forest Rd.
Mr. Strickland said we have received communications from Robert Stanton, DEC-Reg. 9 Real Property Supervisor and Keith Carrow, DEC Sr. Forester regarding this road. He said information received from the County Clerks office and DEC indicate that depending on which Deed you read, the road is referred to as Drake Road; Goodrich Road; “abandoned road”; “highway”; and Eggleston Hill Rd. Extension. Mr. Strickland said the road is basically a dirt track and has never been maintained by the town to anyone’s recollection. He said the DEC is doing some beaver work in that area related to drainage issues and would like the town to abandon the road so they can apply for funding to work there and maintain it. The DEC communication suggests that the town abandon the road and provides an outline of action for this procedure.
He said all the surrounding property is owned by NYS except for properties owned by Woodrow Wheeler and Mike Leach.
Mr. Yates said he has no problem with turning this road over to the DEC and asked what the process would be.
Mr. Strickland said basically the town needs a resolution to abandon either a portion or all the road at a public hearing and file it at the County Clerk’s office.
Mrs. Thomas said she had used the GIS measuring tool to measure the portion of the road that the town may want to abandon from Warner Rd. to Mr. Leach’s property and recorded 2,937 feet. She said Mr. Wheeler provided a map and deed of his property that indicates 2,973.69 feet.
Mr. Stapleton asked why the town would want to abandon anything without giving itself the opportunity to inspect the property; give notice to all the neighbors; and schedule a public hearing to discuss it.
Mr. Strickland said it has been discussed with all the property owners bordering the road and they have no issue.
Mr. Stapleton said he is hearing this for the first time as a taxpayer and so are the board. He said you just don’t do something like this on a moments notice at the board meeting.
Mr. Strickland said the town does not want this road.
Mr. Stapleton said there is still a process involved.
Mr. Strickland said that Mr. Wheeler accesses his property from Warner Rd. and the State has already assured him they will maintain his access.
Mr. Yates said we would give any action the proper process. He said information would be put on the website and he would make a call to Mr. Wheeler.
Mr. Stapleton asked if a title opinion had been given on who the road goes back to if the town abandons it.
Mr. Strickland said there is some confusion on who owns the road.
- Highway M.E.O.’s – $1/hr. increase for Ted Pugh and Adam Brandi
Mr. Strickland said Mr. Pugh and Mr. Brandi are due for their $1/hr. increase on the first pay period of November and he recommended in favor of that based on their work performance.
- MOTION # 112 OF 2019
- SENA MOTIONED TO INCREASE THE HOURLY PAY RATE OF M.E.O.’S TED PUGH AND ADAM BRANDI EFFECTIVE 11/1/19 BY $1/HR. ($20/HR. / OT $30/HR.) AS OUTLINED IN THE EMPLOYEE HANDBOOK. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- Ashville Fire District Preliminary 2020 Budget – Received by Clerk 10/3/19
- OLD BUSINESS:
- Water Service Agreement with BPU for review, Dave Stapleton?
Mr. Yates said there is still an ongoing conversation about the Water Service Agreement with BPU, BOCES and Sunrise Cove Association. He said he and Mr. Stapleton have spoken and he also spoke with the BPU today. He said before any agreement is reached, they are still trying to work out some glitches with the pump repair at Sunrise Cove. He said the Sunrise Cove Association have stated that they cannot spend their funds on something that does not belong to them so he said the Special District tax line for the Cove would have to be increased to cover this. He said BOCES is considering paying their half of the repair up front. He said that would keep the town from having to raise the taxes so much this year. He said before we address the new contract with BPU for the water agreement, we will have to also marry into that our sewer agreement. He said the work on this is moving forward.
- Schedule Budget Work Session: 10/18; 10/19; 10/20 @ 6:00 PM
After discussion, a budget work session was scheduled for Friday, 10/18/19 at 6:00 PM.
- NYS Highway Traffic Safety Group – phone call A.J. Andrew on 10/7/19 and they will begin traffic study of speed limit on Rt. 394
Mr. Yates said based on concerns expressed at last month’s meeting he had contacted the NYS Highway Traffic Safety Group and they will schedule a traffic study on the speed limit on Rt. 394.
- NEW BUSINESS:
- Resolution Waiving the Fees on Marriage Licenses for Active Duty Members of the Armed Forces
Mrs. Thomas said NYS has passed a law waiving the fees for marriage licenses for active military members of the armed forces. She said when she sells a $40 license the state receives $22.50 and the town receives $17.50. She said she fully supports a resolution by the town to waive their portion of the fee for active military. Mrs. Thomas read the proposed resolution for the board.
- MOTION/RESOLUTION #113 OF 2019
- MCNEILL MOTIONED TO ADOPT THE FOLLOWING RESOLUTION:
RESOLUTION WAIVING THE FEES ON MARRIAGE LICENSES FOR ACTIVE DUTY MEMBERS OF THE ARMED FORCES
WHEREAS, on August 20, 2019, New York Governor Andrew Cuomo signed legislation waiving the State fee on marriage licenses for active duty members of the Armed Forces {S.3756/A.55} [“legislation’]; and
WHEREAS, the legislation also gives local governments freedom to waive the fees they charge for marriage license; and
WHEREAS, the Town of North Harmony wishes to waive the fees charged on marriage licenses to active duty members of the Armed Forces;
NOW, THEREFORE BE IT RESOLVED that the Town of North Harmony hereby formally waives the fees to be charged on marriage licenses for active duty members of the Armed Forces in accordance with New York State Law.
- SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION/RESOLUTION WAS CARRIED UNANIMOUSLY.
- Town properties that can be sold
Mr. Yates said there has been no action on the town properties as we cannot really do anything at the Gravel Pit until the timber has been cut. There was discussion that the Mitchell property asbestos survey has been completed but no abatement has been done and the status of that property will also need to be reviewed.
- Credit Card for Bookkeeper
Mr. Yates said Mrs. Miller has been using her own personal credit card to purchase items for the town. He said she has been paying the sales tax for these purchases because she is not tax exempt and that should stop.
Mr. Sena said he thought that had been done a couple of years ago.
Mrs. Thomas said in the past the board has been against doing that.
Mr. Yates said it is an inconvenience and we should have a card that the town can use to make purchases. He said a Town of North Harmony credit card with perhaps a $2,000 limit would be good.
- MOTION # 114 OF 2019
- MCNEILL MOTIONED TO PURSUE THE ACQUISITION OF A TOWN OF NORTH HARMONY CREDIT CARD WITH A PURCHASE LIMIT OF $2,000.00 FOR THE PURPOSE OF PURCHASES SPECIFICALLY FOR THE TOWN. MRS. ORTMAN SECONDED.
Discussion:
Mrs. Ortman said if the card was of the type that provides cash back discounts, etc. those should go back to the town. It was discussed that it is not known what type of cards municipalities are able to obtain and that would have to be investigated.
YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- Moving Dog Shelter or surrender dogs to SPCA
Mr. Yates said our dog shelter at the Mitchell property had been inspected by Ag and Markets and received an “Unsatisfactory” rating because there is no electric; no heat; and no written Shelter Contract with the Municipality.
Mr. Stow said basically you must have a contract with the shelter; either we contract our own shelter, or we contract with the SPCA. He said in this case it would be our own shelter.
Mr. Yates said the power and water are shut off to the shelter at Mitchells so it is not operational unless those things are restored, and it would also have to be plowed regularly. He said he had asked Mr. Stow if it could be moved to the house he is living at now and Mr. Stow indicated he does not want it there. He said Mr. Stow previously rented the Mitchell house and maintained the shelter from there. He said the next option was to have it moved to the Highway Building property and Mr. Strickland did not feel that was a good option. He said the last option is to turn the dogs over to the SPCA. He said he does not know what that cost will be.
Mr. Stow said when he first took over as DCO in 2015 they had done some research and the rate to contract with the SPCA was substantial; by operating our own shelter the town had saved a lot of money. He said the number of dogs housed in the town shelter was: 2015 – 9 dogs; 2016 – 7; 2017 – 1; 2018 – 5; and to date 2019 – 2. He said if the dogs go to the SPCA there is no revenue back to the town.
Mr. Yates asked Mr. Stow to put together some numbers and we could discuss this further.
Mr. Senske said the SPCA has a “No Need to Kill” policy and if they feel an animal is adoptable, they will not euthanize.
Mr. Stow said he had been able to adopt out most of the dogs that the town has sheltered. There have been times that he kept a dog longer than required to try and get it adopted and the SPCA has taken some that he could not get adopted at no cost to the town.
Mr. Senske said he has been on the board at the SPCA for years and there are different ways to go about the process. He said it would be a good idea to contact them for information considering the small number of dogs we do take in. He said instead of having them house the dog for the town perhaps something along the lines of surrendering the dog to them and let them do what they do best. He said to contact Kelly Roberts at the SPCA and discuss options.
- Standard Workday and Reporting Resolution for Elected and Appointed Officials: Howard Peacock; Vickie Stow; Robin Miller
Mr. Yates said more information is needed before we do the resolution.
- SEQR/Public Hearing Proposed Local Law #2 of 2019 – Amending Zoning Code Sec. 635 Aircraft Landing Strip
Mr. Sena said the board has received from Planning the proposed Local Law for Aircraft Landing Strip and asked if they would be scheduling a Public Hearing/SEQR prior to next month’s meeting.
- MOTION # 115 OF 2019
- SENA MOTIONED TO HOLD A PUBLIC HEARING/SEQR ON A PROPOSED LOCAL LAW AMENDING ZONING CODE SECTION 635 AIRCRAFT LANDING STRIP ON TUESDAY, NOVEMBER 12, 2019, AT 6:30 PM. MR. YATES SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. THE MOTION WAS CARRIED.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the September 2019 Legislature meeting:
- We presented a commendation to Cameron Barmore, the Clymer/Sherman/Panama track & field athlete who was the state champion in the high jump.
- County Executive Borrello presented his 2020 Tentative County Budget.
- We increased the 2019 Budget for increased County Coroner autopsy costs by $130,000, another consequence of the opioid epidemic.
- Recognizing the 2020 Budget was presenting us with many challenges, we increased the 2019 Budget by $11,500 to pay for a study by the Center for Governmental Research of the operating efficiencies of County Government.
- We appointed Elizabeth Kidder, MD, PhD, MPH of Ashville to the County Health Board
- We appointed Will Ortman of Stow to the South & Center Chautauqua Lake Sewer Districts Board of Directors.
- We appointed Shelly Wells of Ashville to the County Traffic Safety Board
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report into the record:
COURT REPORT FOR MONTH OF SEPTEMBER 2019
October 15, 2019 Board Meeting
$36,788.00 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 September 2019. We opened 184 new cases and closed 221 cases.
Mr. Peacock said the JCAP Grant application has been submitted for the second time. He said he had been contacted by the Unified Court System after his first submission and been advised that some items needed to be more specific. He said if the first request had been submitted as it was, without the resolution, it would have been turned down. He said he is hopeful we will hear from them soon (sometime between November and the first of the year).
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report. She said she had received many phone calls today regarding the search efforts for Mrs. Chase, the Harmony resident who is missing and asked that all keep her in their thoughts and prayers.
ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)
Mr. Yates reviewed the report for those present.
- MOTION # 116 OF 2019
MRS. ORTMAN MOTIONED TO ACCEPT THE TOWN CLERK AND SUPERVISORS REPORT AS SUBMITTED. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the highway has spent all the CHIPS funding and completed 3 ¼ – 3 ½ miles of Carpenter Pringle Rd. He said all the road shoulders have been completed except for a small portion of Butts Road. He said they will also be working on clearing the land at North Harmony Cemetery as the weather permits this fall. He said they continue to work on the trucks in preparation for winter. He said they are also trapping beaver and have trapped 14 to date.
Mrs. Thomas thanked him and said the clearing at North Harmony Cemetery would be very helpful in getting the cemetery mapped and more grave sites laid out.
- MOTION # 117 OF 2019
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE AMOUNT OF $214,021.92 AND THE GENERAL FUND VOUCHERS IN THE AMOUNT OF $43,966.58 AS REVIEWED AND AUDITED EARLIER. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 118 OF 2019
- YATES MOTIONED THAT THE BOARD ENTER INTO EXECUTIVE SESSION AT 7:56 PM. MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Yates said the meeting would be adjourned after the session and invited anyone who wished to leave to do so.
The board returned from Executive Session at 8:10 PM.
- MOTION # 119 OF 2019
ON A MOTION MADE BY MR. YATES, SECONDED BY MR. SENSKE, AND WITH NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 8:12 PM.
Nancy Thomas
Town Clerk
