TOWN OF NORTH HARMONY
YEAR END TOWN BOARD MEETING
FRIDAY, 12/20/2019 12:00 PM
ROBERT YATES, SUPERVISOR PRESENT
RICHARD SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
STEVE SENSKE, COUNCILMAN ABSENT
OTHERS PRESENT: David Stapleton, Attorney; Gayle Martin; Mr. & Mrs. Leach; Mike Saar, BPU; Rene Yates; Pierre Chagnon, Legislator; Dan Strickland, Highway Sup’t.; Robin Miller, Bookkeeper; Clayton & Helen Emick; Nancy Thomas, Town Clerk
- PLEDGE:
- MINUTES 12/9/2019:
- MOTION # 147 OF 2019
- MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 12/9/2019 BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (4): SENA, MCNEILL, ORTMAN, YATES. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- BUILDING UPDATE:
Mr. Yates said they are still working on the roof with a small crew, but we are saving money by not having to heat, etc. two buildings.
- PUBLIC COMMENT:
- MIKE AND CAROLYN LEACH, DRAKE FOREST ROAD
Mr. Leach said he had spoken to Keith Carrow, DEC for a long time regarding the road and after that conversation, they are in agreement for plans for the road going forward. He said they will be working with Mr. Carrow on issues and he will keep them informed. He requested that if the town has any issues that needed to be addressed regarding the road that might affect the Leach’s, they also keep him advised.
There was further discussion regarding the possibility of placing gates at both ends of the road.
- CORRESPONDENCE: The following correspondence has been received and is available for review:
- New York State Comptroller – Per Capita Aid received $11,821.00
- Mortgage Tax Received $34,410.00
- National Grid – Hazard Tree list of property owner refusals to allow tree cutting
Mr. Yates said this is related to two property owners in the town who have refused National Grid access to their land for tree cutting.
- Chautauqua Utilities – Construction Concerns re expansion of sewer lines
Mr. Yates said the concerns had been discussed and with help from Mr. Chagnon and Mr. Rousch, Chautauqua Utilities owner, Scott Sampson has a better understanding of the construction. He thanked Mr. Chagnon.
- Chautauqua Co. Board of Health – Wind Turbines and Human Health
Mr. Yates said he had not had a chance to review additional correspondence on this issue as it relates to moratoriums, town zoning, setbacks (possibly increase to state recommendations), etc. for wind turbines. He said we would need to review that information and our Zoning Law on Wind Turbines.
- TOWN OF NORTH HARMONY RECEIVES $45,000 CFA GRANT FUNDING FOR SOUTH CHAUTAUQUA LAKE MULTI-MUNICIPAL WATER DISTRICT STUDY
Mr. Chagnon said this is a grant put together on behalf of the town involving Clark, Patterson, Lee Engineering to do a feasibility study on extending water up the lake through North Harmony, into the town of Chautauqua and eventually be a backup water source for Chautauqua Institution and potentially a backup water source for the Village of Mayville. He said this has been discussed by North Harmony for many years and it becoming apparent there was more than one town interested and willing to participate in the study; the door was opened for the county to become involved and that is when the proposal was developed.
- LETTER FROM FALCONER REGARDING BPU ACQUISITION
Mr. Yates said he had distributed the letter to all board members mailboxes for their review. He said the town would not make any decisions on that at this time.
- OLD BUSINESS:
- Jamestown BPU Water Service Agreement
Mr. Yates said Mr. Saar, BPU is here to answer any questions regarding the agreement. He asked the board for authority to sign the agreement.
Mr. Sena said he had discussed with Mr. Saar that there is no issue with capacity to North Harmony, but the concern is any extension beyond. He said the contract indicates the TONH would be responsible if the infrastructure needs to be increased and he hoped they could make sure that if other towns wanted water, the infrastructure/capacity increase would be addressed in their agreements so that taxpayers in North Harmony don’t bear the cost.
Mr. Saar said they would make sure that was addressed.
- MOTION # 148 OF 2019
MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE JAMESTOWN BPU WATER SERVICE AGREEMENT EFFECTIVE 12/20/2019 – 12/31/29 MR. SENA SECONDED. YES (4): SENA, MCNEILL, ORTMAN, YATES. NO (0). THE MOTION WAS CARRIED.
- New Town Attorney Hire
Mr. Yates said he had spoken to Attorney LaMancuso and he was no longer interested in the position.
Mr. Sena said he spoke to Mr. LaMancuso last evening and he would like to again be considered for the position based on budget figures and fees.
Mr. Yates said he had also spoken to Dale Robbins (Kelly Johnson) and he had quoted a price of $2,000/month to serve as town attorney to include attending all Town Board and Zoning Board of Appeals meetings/hearings; any zoning issues; phone calls; all bonds. He said he had spoken to Mr. LaMancuso and his concern is that Mr. LaMancuso also serves as attorney for Busti and their Board meetings are on the same night as ours.
After further discussion it was decided to postpone any action at this meeting.
Mr. Strickland asked if the town would be without an attorney at any point and expressed concern.
Mr. Yates said they would have further discussion with Mr. Stapleton, who will be serving until 12/31/19, after the meeting and said the town should be covered.
- Transfer Station Contract – Beichner
Mr. Yates said he and Mrs. Ortman had spoken with Beichner and although their fees are going up $300/month that should be affordable within our budget. The amount they indicated for optional years 2020-21 in their bid document was $2,800.
Mrs. Ortman said she had invited Beichner to a future board meeting to explain their operation so that everyone would have a base knowledge of it. She said she is very comfortable in extending their contract.
- MOTION # 149 OF 2019
MRS. ORTMAN MOTIONED TO EXTEND OUR TRANSFER STATION OPERATION AGREEMENT WITH BEICHNER WASTE EFFECTIVE 1/1/2020-12/31/2020. MR. MCNEILL SECONDED. YES (4): SENA, MCNEILL, ORTMAN, YATES. NO (0). THE MOTION WAS CARRIED.
- NEW BUSINESS
- Town Board Meeting Dates for 2020
1/13/20; 2/10/20; 3/9/20; 4/13/20; 5/11/20; 6/8/20; 7/13/20; 8/10/20; 9/14/20; *10/13/20 (Tues.); 11/9/20; 12/14/20
- MOTION # 150 OF 2019
YATES MOTIONED TO ADOPT THE FOLLOWING TOWN BOARD MEETING DATES FOR 2020:
1/13/20; 2/10/20; 3/9/20; 4/13/20; 5/11/20; 6/8/20; 7/13/20; 8/10/20; 9/14/20; *10/13/20 (Tues.); 11/9/20; 12/14/20
MR. MCNEILL SECONDED. YES (4): SENA, MCNEILL, ORTMAN, YATES. NO (0). THE MOTION WAS CARRIED
- Appointments to Boards:
Helen Emick Zoning Board 2020-2026
Dick Johnson Planning Board 2020-2026
Clayton Emick Board of Assessment Review 10/1/19 – 9/30/24
- MOTION # 151 OF 2019
- SENA MOTIONED TO AUTHORIZE THE FOLLOWING APPOINTMENTS TO THE FOLLOWING BOARDS:
Helen Emick Zoning Board 2020-2026
Dick Johnson Planning Board 2020-2026
Clayton Emick Board of Assessment Review 10/1/19 – 9/30/24
MRS. ORTMAN SECONDED. YES (4): SENA, MCNEILL, ORTMAN, YATES. NO (0). THE MOTION WAS CARRIED.
- Discuss holding monthly board work session
Mr. Yates said he wanted to make it clear that in the coming spring/summer months of 2020 he may need to have work sessions in the middle of the month because of the volume of projects that are currently planned in the town.
- REPORTS:
KEVIN OKERLUND, ASSESSOR
Mr. Yates said the Appraiser for the Assessor, Steve Sorg has resigned. He said there is nothing that we must do at the town level.
BRAD LAWSON, ZONING C.E.O. (YEAR END) (Copy in Minute Book)
Mr. Sena reviewed Mr. Lawsons report for those present.
NANCY THOMAS, TOWN CLERK
Mrs. Thomas said she has received the 2020 tax bills for mailing from the County.
ROB YATES, SUPERVISOR
Mr. Yates said all board members have been provided a pre-year end budget report. He said the General Fund and Highway Fund vouchers have yet to be reviewed and signed by the board members, but that will be done during a planned adjournment at this time and the board will reconvene afterward.
- MOTION # 152 OF 2019
ON A MOTION MADE BY MR. SENA, SECONDED BY MRS. ORTMAN AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 12:32 PM.
- DAVE STAPLETON, ATTORNEY RETIREMENT PROCLAMATION
Mr. Yates read into the record a Proclamation in honor of Town Attorney, David Stapleton who is retiring 12/31/19, after serving for 21 years as attorney.
Mr. Stapleton thanked everyone.
Mr. Yates reconvened the meeting at 12:50 PM.
- MOTION # 153 OF 2019
MRS. ORTMAN MOTIONED TO APPROVE THE GENERAL AND HIGHWAY FUND VOUCHERS AS AUDITED AND APPROVED EARLIER. MR. MCNEILL SECONDED.
YES (4): SENA, MCNEILL, ORTMAN, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 154 OF 2019
ON A MOTION MADE BY MR. SENA, SECONDED BY MRS. ORTMAN AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 12:54 PM.
Nancy Thomas
Town Clerk
