TOWN BOARD 1/13/2020

TOWN OF NORTH HARMONY

TOWN BOARD MEETING

MONDAY 1/13/2020 7:00 PM

 

ROBERT YATES, SUPERVISOR                                                                                    PRESENT

RICHARD SENA, COUNCILMAN                                                                                  PRESENT

DUNCAN MCNEILL, COUNCILMAN                                                                            PRESENT

LOUISE ORTMAN, COUNCILWOMAN                                                                        PRESENT

STEVE SENSKE, COUNCILMAN                                                                                   PRESENT

 

OTHERS PRESENT:  Attorneys, Dale Robbins & Kelly Johnson; Pierre Chagnon, Legislator; Howard Peacock, Justice; Brad Lawson, Zoning C.E.O.; Dan Strickland, Highway Superintendent; Robin Miller, Bookkeeper; Clayton & Helen Emick; Nancy Thomas, Town Clerk

 

• PLEDGE

 

• MINUTES 12/20/19 (YEAR END)

 

• MOTION # 5 OF 2020

1. MCNEILL MOTIONED TO ADOPT THE MINUTES OF THE 12/20/19 YEAR END 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 # 6 OF 2020 AMENDING MOTION # 151 OF 2019

1. SENSKE MOTIONED TO AMEND MOTION #151 BY CORRECTING THE NAMES OF APPOINTMENTS TO THE FOLLOWING BOARDS:

ZONING BOARD OF APPEALS:   GREG MICHALAK (1/1/20 – 12/31/2026)

PLANNING BOARD:  J. PHIL STRAND (1/1/20 – 12/31/2026)

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

 

• New Building Update

            Mr. Yates said he had spoken to the Empire Project Manager and the roof should be completely dried in by tomorrow and the mechanical room roof was laid down today.  He said the contractors for plumbing and electrical are all on the job.  He said we don’t have a time frame yet to move in but once the roof is done and they move inside things will go quickly. 

 

• PUBLIC COMMENT:
• INTRODUCTION OF DALE ROBBINS AND KELLY JOHNSON

            Mr. Yates introduced Dale Robbins and Kelly Johnson as prospective Attorney’s for the town.

            Mr. Robbins said he has practiced in Jamestown for a few years and served the Town of Busti as Supervisor for 29 years and is familiar with the challenges facing towns (i.e. financial, zoning, insurance, etc.) such as ours.  He said he was part of the group that created 19 miles of water pipes in Busti in the last 10 years.  He said that has generated very significant amounts of assessment.  He said 3 of those lines stub into the Town of North Harmony (Gleason Rd., Maple St., Hunt Road and Loomis Bay).  He said the Town of North Harmony partnered with Busti in the Loomis Bay Project.  He said he would like to work with North Harmony as our Attorney. 

            Mrs. Johnson said she is a new attorney and she hopes to assist Mr. Robbins while being tutored in Municipal Law.  She said she grew up in North Harmony on Cheney Road and lives in Harmony with her family.  She said she looks forward to this opportunity.

            Mr. Yates thanked them for coming.

            Mr. Robbins said if anyone had any questions he would be glad to speak to them anytime.

 

• CLAYTON EMICK – TRANSFER STATION

            Mr. Emick said at the transfer station by the dumpster for newspapers, there are large puddles with mud and asked if something could be done to alleviate that. 

            Mr. Strickland said he would take care of that.

 

• Bemus Pt./Stow Ferry Meeting

            Mr. Yates said there was another meeting and discussion with an engineer present about hiring a crane to lift the ferry out of the lake for repairs.  He said the problem is the cost which would be approximately $20,000 + per lift as it requires a 150-ton crane and the ferry weighs 65 tons.  He said Mr. Crosscut will try to meet with Andy Goodell to see if the state can help with inspection requirements.  

 

• CORRESPONDENCE:

1. CHAUTAUQUA COUNTY DEPT. OF FINANCE – Statement of all monies paid by County to The Supervisor in 2019 – $695,383.72

 

2. CHAUTAUQUA CO. REAL PROPERTY TAX SERVICES – 2020 Tax Warrant Received

            Special Districts $319,195.40

            Highway $473,074.00

            General Fund $328,284.00

            Total to Supervisor $1,120,553.40

            Total to Chaut. Co. $2,539,832.25

            TOTAL WARRANT $3,660,385.75

 

3. NYS-DEC – Request for Annual Report for Transfer Station Facilities 2019 (due 3/1/20)

            Mrs. Thomas said Beichner completes that report and she has already sent a copy of the NYS DEC request to them.  When they finish it, they file it with NYS and provide a copy for the town.

4. TOWN OF ELLERY – Notice of Public Hearing Local Law #1-2020

 

5. NY STATE ENERGY RESEARCH & DEVELOPMENT AGENCY (NYSERDA) – Congratulations to town on Clean Energy Community Designation

            Mrs. Thomas said with the completion of the LED street light conversion, North Harmony has completed the 4 High Impact Items required for the designation of a NYSERDA Clean Energy Community.

She said hopefully that will put the town in position for funding for solar if another round of grants becomes available. 

6. SOUTH & CENTER CHAUT. LAKE SEWER DISTRICTS – Letter regarding town advising S&SCLSD of any activities requiring their involvement

 

7. DAVID GROTH (Watson Rd.) letter regarding abandonment by town of Cherry Lane ROW

            Mr. Yates said he had spoken to Mr. Groth and advised that he needed more information on the matter.  He said he believes that Mr. Groth had discussed this when Mrs. Carlson was Supervisor and she had not been in favor. 

            Mr. Sena said the area is where the drainage pipe has collapsed and Mr. Groth said if the town abandons the ROW he will do the repairs to the pipe. 

 

8. KENT LABORDE (Ashville Bay Rd.) – letter re municipal water options on Ashville Bay Rd.

            Mr. Yates said he had received a call from Mr. LaBorde about water on Ashville Bay Road.  He said there are about 25 residences there and a 6 or 8 inch main coming up. He said he spoke to Mr. Saar at the BPU and he responded positively if other residents were in favor.  Mr. Yates said he asked Mr. LaBorde if he would be willing to survey his neighbors for interest and Mr. LaBorde said he would be glad to do that.  He said this would essentially create another water district or sub-district.

 

7. SOUTH & CENTER CHAUT. LAKE SEWER DISTRICTS – Letter regarding town advising S&SCLSD of any activities requiring their involvement

 

• OLD BUSINESS:

1. EXECUTE WATER AGREEMENT WITH BPU – Per Mr. Saar contract will be provided to town by 1/31/2020

            Mr. Yates said the BPU Attorney is still working on the final contract, but there should be no changes from the draft that he was authorized to sign at a previous meeting.

 

• NEW BUSINESS:

1. AUTHORIZE SUPERVISOR TO SIGN COURT SECURITY AGREEMENT FOR 2020 WITH SHERIFF’S DEPT. (not to exceed $8,000)

            Mr. Yates said although court security costs are greater than anticipated, this is a valuable service and the court should never be without security.  There was further general discussion.

 

• MOTION # 7 OF 2020

1. SENSKE MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE SHERIFF DEPT. CONTRACT FOR COURT SECURITY FOR 2020 IN AN AMOUNT (NOT TO EXCEED) $8,000.00. MR. MCNEILL SECONDED.

Discussion:

Mr. Sena said we had only budgeted $7,000 and suggested we discuss with the Sheriff providing their cost sooner in the budget season.

Mr. Yates said he has already made that request of them.

Mr. Sena said he is not too concerned as we only spent about $6,000 in 2019.

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

 

2. APPOINT REGISTRAR AND DEPUTY REGISTRAR EFFECTIVE 1/1/2020

 

• MOTION # 8 OF 2020

MRS. ORTMAN MOTIONED TO MAKE THE FOLLOWING APPOINTMENTS EFFECTIVE 1/1/2020:

NANCY M. THOMAS          REGISTRAR (1/1/2020-12/31/2023)

STEPHANIE GIBBS             DEPUTY REGISTRAR (1/1/2020-12/31/2023)

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

 

3. REVIEW / REAFFIRM: PROCUREMENT POLICY / EMPLOYEE HANDBOOK / (includes Violence in the Workplace and Code of Ethics)

            Mr. Yates said as the year moves forward the board will probably be reviewing the employee handbook.

 

• MOTION # 9 OF 2020

1. SENA MOTIONED TO REAFFIRM THE FOLLOWING EFFECTIVE 1/1/2020: PROCUREMENT POLICY; EMPLOYEE HANDBOOK (including Violence in the Workplace and Code of Ethics). MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

 

4. AUTHORIZE HIGHWAY SUPERINTENDENT TO:

• Post Roads
• Bid for Materials – County & State
• Attend Highway School

 

• MOTION # 10 OF 2020

1. MCNEILL MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO:

Post Roads; Bid for Materials – County and State; Attend Highway School.  MRS. ORTMAN SECONDED.  YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

 

            Mr. Strickland said if the weather continues he may very well be posting the roads soon.

 

5. AUTHORIZE SUPERVISOR / BOARD TO:

• Sign Agreement to spend highway funds
• Renew the Shared Service Contract with Chautauqua County
• Sign Contract with Busti for Assessor Services
• Authorize all other Officials to attend meetings and school as budgeted

 

            Mrs. Thomas said we have received the Assessor Contract from Busti but had been informed that they will need to send another because of an error.

 

• MOTION # 11 OF 2020

1. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR / TOWN BOARD TO:

Sign Agreement to spend Highway Funds

Renew the Shared Service Contract with Chautauqua County

Sign Contract with Busti for Assessor Services

Authorize all other Officials to attend meetings and schools as budgeted

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

            

6. ABOLISH APPOINTED POSITION OF TOWN ATTORNEY

            Mr. Yates said Dave Stapleton was hired in 1998 as Town Attorney and our next attorney will be an Attorney for the Town.  He said the distinction in that a Town Attorney resides within the town and an Attorney for the Town has no residency requirement and is contractual.  He said he had discussed this with Association of Towns and they indicated that a motion to abolish the position of Town Attorney is needed.

 

• MOTION/RESOLUTION #12 OF 2020

MRS. ORTMAN MOTIONED TO ABOLISH THE POSITION OF TOWN ATTORNEY EFFECTIVE IMMEDIATELY.  MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

 

7. Possible Executive Session

            Mr. Yates said we would pass on that action but he would be making some calls to the board regarding the position of Attorney for the Town and that might necessitate a special board meeting after further discussion with Mr. Robbins regarding a contract.

            The board members agreed.

 

8. Dick Sena – Snow Totals for North Harmony – (11/2019 – 1/13/2020) 64”

 

9. Bookkeeper will file for Extension of Time to File Annual Update Document (AUD) for 2019 with NYS Comptroller

  

• REPORTS:

           

PIERRE CHAGNON – LEGISLATOR

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

 

• We amended the 2019 Budget by adding $2 million for increased foster and institutional child care costs. Another manifestation of the opioid crisis.
• We authorized the use of up to $15,000 of 2% Occupancy Tax undesignated off-cycle project funds to remove fallen trees and associated debris from Bemus Creek.
• We provided $15,500 funding to the Chautauqua Lake Protection and Rehabilitation Agency for public outreach and engagement services.
• At our organizational meeting on January 2^nd, I was elected as Legislature Chairman. We then appointed P. J. Wendel, the previous Legislature Chairman, as County Executive to serve until January 1, 2021.

 

HOWARD PEACOCK, JUSTICE

COURT REPORT FOR MONTH OF DECEMBER 2019

1/13/2020 Board Meeting

$18,792.00 in fines, fees, and surcharges was collected by the Court and given to the Town CFO for the court cases reported to the NYS Comptroller for December, 2019.  We opened 152 new cases and closed 129 cases.

            Mr. Peacock said he has not heard anything yet on the JCAP Grant but is still hopeful.

 

DAN STRICKLAND, HIGHWAY SUPERINTENDENT

            Mr. Strickland said they had cleaned up a lot of trees off town roads yesterday.  He said he has been appointed as one of the Chairmen of the Supervisor’s Association Meetings.  He said they will be discussing Shared Services at the meeting on 1/16/20. 

            There was discussion of the logging of the town property (Butts Park & Gravel Pit) and it was noted that the contractor will be moving equipment in soon.

 

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

            Mr. Lawson said the board had been given a copy of his yearend report at the Year End meeting on 12/20/19.  He said we were down on estimated building costs about $500,000.  He said there were some new homes with 2 being almost finished and 2 being finished in 2020.  He said he had spoken to a gentleman about a solar farm but that is very preliminary.  He said Mr. McCord will be at the Planning Board meeting to discuss the towns current Solar Law to see if any adjustments need to be made.

            Mr. Lawson announced that his son Bradley has joined the Army.

 

KEVIN OKERLUND, ASSESSOR

            Mrs. Thomas said Mr. Okerlund’s report gave information on the Basic STAR and Enhanced STAR Exemption Programs.  He also gave information on the Sr. Exemption income limits ($22,000) for North Harmony and noted that forms have been sent to taxpayers for renewal.  All exemptions must be filed for by March 1, 2020.  He has hired two part-time appraisers to complete field work.

 

JOHN STOW, DCO

            Mr. Yates said Mr. Stow’s report indicated that he had one phone call from a woman who asked if he could tranquilize her dog to catch it.  He said he told her he could attempt to trap it for her, and has not heard from her since.

 

NANCY THOMAS, TOWN CLERK (Copy in Minute Book)

            Mrs. Thomas said her office is very busy with tax collection which began on 1/6/20.  Of the Original Warrant Amount of $3,660,385.75 the office has collected $625,472.58 in 5 days.  She said we are well on our way to satisfying the Supervisor’s Warrant.

 

• MOTION # 13 OF 2020

1. SENA MOTIONED TO ACCEPT THE TOWN CLERKS MONTHLY REPORT FOR DECEMBER 2019 AS SUBMITTED.  MRS. ORTMAN SECONDED.  YES (5):  SENA, MCNEIILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

  

ROBERT YATES, SUPERVISOR (Copy in Minute Book)

            Mr. Yates reviewed his report for those present.

 

• MOTION # 14 OF 2020

1. SENA MOTIONED TO ACCEPT THE SUPERVISORS MONTHLY REPORT FOR NOVEMBER 2019 AS SUBMITTED.  MRS. ORTMAN SECONDED.  YES (5):  SENA, MCNEIILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

 

• MOTION # 15 OF 2020

719. MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS REVIEWED AND AUDITED EARLIER IN THE AMOUNT OF $40,719.90. MR. SENSKE SECONDED.  YES (5):  SENA, MCNEIILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

 

 

• MOTION # 16 OF 2020

300. MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS REVIEWED AND AUDITED EARLIER IN THE AMOUNT OF $45,300.40. MRS. ORTMAN SECONDED. YES (5):  SENA, MCNEIILL, ORTMAN, SENSKE, YATES.  NO (0). THE MOTION WAS CARRIED.

 

• MOTION # 17 OF 2020

ON A MOTION MAKE BY MR. SENA, SECONDED BY MR. YATES AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 7:59 PM.

  

Nancy Thomas

Town Clerk