TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 03/09/2020 7:00PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
DUNCAN MCNEILL, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
OTHERS PRESENT: Ellie McNeill; Clayton & Helen Emick; Dale Robbins & Kelly Johnson, Attorney; Pierre Chagnon, Legislator; Dan Strickland, Highway Superintendent; Howard Peacock, Justice; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk
Mr. Yates said before we adopt the minutes of the 2/10/20 meeting we need to make an amendment to Motion # 21 of 2020. He said there are some figures in the previous motion that need to be revised.
- MOTION # 29 OF 2020 (AMENDMENT TO MOTION # 21 OF 2020)
MRS. ORTMAN MOTIONED TO AMEND MOTION #21-2020 AS FOLLOWS:
2019 YEAR END FUND TRANSFERS – REVISED 2/24/20
HIGHWAY FUND 2019:
Amount: From: To: Amount:
$52,860.90 DM5130.2 DM5130.4 $52,860.90
$ 1,246.21 DS5140.4 DR5110.4 $ 1,246.21
Total Highway Fund Transfers $54,107.11
GENERAL FUND 2019:
Amount: From: To: Amount:
$ 26.10 A1355.4 A1355.2 $ 26.10
$ 20.32 A1420.4 A1420.2 $ 20.32
$2,158.67 A1989.4 A1910.4 $ 2,158.67
Total General Fund Transfers $ 2,205.09
- MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MINUTES: 2/10/20:
- MOTION # 30 OF 2020
- SENSKE MOTIONED TO ADOPT THE 2/10/20 TOWN BOARD MEETING MINUTES AS
AMENDED BY MOTION #29-2020 AND SUBMITTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- New Town/Court Building up-date
Mr. Yates said things have been very busy the past two weeks: inspection has been done on the electrical; plumbing and heating. He said we are ready to begin insulating this week and when that is complete we will be moving on the drywall phase. He said there were some concerns with window installation but he, Mr. Sena, Mr. Lawson and the Architects had been able to come up with a plan to reinstall the windows so that the window company, Marvin will keep the warranty effective. He gave an explanation of the problem that related to support and moisture control. He said the tentative move in date is 5/31/20, even though the landscaping and pavement will not be done at that time. He said there are lights on the outside of the building entrance and in the parking lot which will be activated this week. He said the plumbers are preparing to hook up to the gas lines. He said the only other obstacle to overcome is the water, and he has made an agreement with the Fire Department to share their well although we may have to purchase another water tank/pressure tank and a Culligan tank (after we see how things clean up).
- PUBLIC COMMENT:
- CORRESPONDENCE: The following correspondence has been received by the Supervisor and is available for review:
- NYS Dept. of Health – Corona Virus
Mr. Yates said we need to pay attention to the CDC and they are indicating that by 5/1/20 every available hospital in the country will be full. He said this is a very serious virus and all should be diligent about washing hands; avoiding unnecessary contact; and stay at home if you are sick.
- Charter Communications: Received 3% Franchise fees 4th qtr. 2019 of $2,665.11; Received 5% Franchise fees for year 2019 of $16,918.96
- OLD BUSINESS:
- 2019 Year End Fund Transfers – Amend Motion # 21-2020 (addressed in Motion #29-2020)
- Town of North Harmony proposed Agreement with Sea Lion Project for use of town land when Bemus Pt. – Stow Ferry needs to be removed for repairs
Mr. Yates said we have an agreement that was put together by Mr. Robbins and Mrs. Johnson with input from Mr. Stapleton and the County which the board reviewed earlier. He said there were additions relating to fencing and lighting in regards to safety.
Mr. Robbins said they had also included some language dealing with insurance to make sure the town is protected.
- MOTION # 31 OF 2020
- MCNEILL MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH SEA LION PROJECT (DBA CHAUTUAUQUA HISTORIC VESSELS, LTD.) FOR USE OF TOWN LAND WHEN BEMUS PT. – STOW FERRY NEEDS TO BE REMOVED FROM THE WATER FOR REPAIRS. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- Appointments to:
Planning Board: James Goodling (complete term of Louis Rieg ending 12/31/2021)
Zoning Board: Jonathan Henck (complete term of David Humphreys ending 12/31/2024)
Mr. Sena said he thinks Mr. Goodling will be a good addition to the Planning Board.
- MOTION # 32 OF 2020
- SENA MOTIONED TO APPOINT JAMES GOODLING TO THE PLANNING BOARD TO COMPLETE THE TERM OF LOUIS RIEG ENDING 12/31/2021. MR. SENSKE SECONDED.
YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
Mr. Sena said he knows Mr. Henck and Mr. Yates said he had met him, as some of the other Zoning Board members have, and they feel he will be a good fit with that board.
- MOTION # 33 OF 2020
- SENA MOTIONED TO APPOINT JONATHAN HENCK TO THE ZONING BOARD OF APPEALS TO COMPLETE THE TERM OF DAVID HUMPHREYS ENDING 12/31/2024. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
Mr. Yates asked Mrs. Thomas if she would write a letter to Andrea McLean thanking her for her interest in the ZBA position.
Mrs. Thomas agreed.
- NEW BUSINESS:
- Dick Sena – North Harmony Snow Totals
Mr. Sena said as of 3/9/20 he has measured 143 ½ inches of snow at his home. He said last winter it was 144 ½ so we are right on track.
- Construction Change Orders – New Town/Court Building
Mr. Yates said the first Change Order relates to the Dyson Blade hand dryers which were to be installed in the restrooms. He said based on the CDC’s recommendation that hand paper towels are a more sanitary choice and even though the Dyson is energy efficient and greener, we would be using paper towel dispensers. The second Change Order relates to the installation of an in-ceiling projector screen for presentations, etc. which would be useful in light of all the upcoming projects including sewer and possibly water in the town. He said the reason for discussing this is that the wiring would need to be installed in the ceiling before it is finished and it would be much more expensive to do that after the fact if it is needed. He said the wiring, electronics and screen would cost approximately $2,000.00 and said it was a decision for the board.
Mr. Sena said he had not recalled the town ever needing a screen in the past and it seemed very expensive for something that would get limited use.
Mrs. Ortman said she had no idea how often it would be used but these types of electronics are widely used as part of every presentation now, and for the future of the facility in years to come, she feels we should spend the money now and put the technology in. She said it is not a large amount and she feels we will appreciate having that equipment in a $2,000,000.00 building.
Mr. McNeill said he feels it is an unnecessary expense. He said he has been on the board for many years and there has never been a need for one since the Comprehensive Plan which was done at the Sr. Citizens with standing screens.
Mr. Senske said if we want to do it, it should be done now as opposed to waiting later especially if there is a need for it in larger meetings.
Mr. Yates said the funds for the screen would be taken from the General Funding Building Account A1620 and the amount is approximately $2,000.00. He said the timing of the wiring is the reason for a quick decision on this.
There was further general discussion.
Mr. Yates asked for a roll call vote.
- MOTION # 33 OF 2020
- YATES MOTIONED TO ADOPT CONSTRUCTION CHANGE ORDER NO. 1 FOR THE USE OF PAPER TOWEL DISPENSERS; CHANGE ORDER NO. 2 TO INSTALL WIRING, ELECTRONICS AND AN IN-CEILING PROJECTOR SCREEN AT A COST OF APPROXIMATELY $2,000.00 TO BE FUNDED BY THE GENERAL FUND, A1620. MRS. ORTMAN SECONDED. A ROLL CALL VOTE WAS TAKEN: SENA (NO); SENSKE (YES); MCNEILL (NO); ORTMAN (YES); YATES (YES). BY A VOTE OF YES (3) AND NO (2) THE MOTION WAS CARRIED.
There was discussion regarding the need for firmer numbers when these types of construction expenses come up as well as the need at times for quick action.
- Louise Ortman – Report on Lake Taxing District
Mrs. Ortman said the Lake Agency was formed in the fall of 2018 under County Executive Borrello. She said they are tasked with discussing the possibility of the formation of a lake district and funding for the purpose of rehabilitation and maintenance of the lake. An outline has been developed for a potential lake district with focus on 4 key areas: 1.) the boundaries of where the district would be 2.) fee structure 3.) management activities, i.e. harvesting and dredging 4.) governing structure of the actual lake district. She said things are still in process but the process began with a group of lake agency members and then moved to a collective title of The Lake Protection and Rehabilitation District (Agency). This process has involved a lot of the stakeholders on the lake as well as communities and other interested agencies including: Towns around the Lake; Chautauqua Lake Association (CLA); Chautauqua Lake Partnership (CLP). She said a consulting group from Rochester, Highland Planning, had been hired by the county to interview stakeholder groups in town hall type meetings and to develop a survey based on their responses. She said the meeting that occurred last week was by invite and included an expanded group including all of the aforementioned as well as funding groups with the goal of developing questions for the survey which will be disseminated in various ways throughout the county. Those present at the meeting were allowed the opportunity to submit questions if they provided their email address. In conjunction with the survey there will be several Town Hall Meetings held throughout the county as an opportunity for citizen participation. She said this is an ongoing process and no agreements have been made at this time.
There was further general discussion on the members of the committee and how they were chosen and it was noted that they were invited by the County Executive or were representatives from the stake holding towns around the lake.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the February 2020 Legislature meeting:
- I presented a proclamation commending the Bemus Point Volunteer Fire Company for 100 years of service to the Village of Bemus Point and the surrounding community. One day before their 100th anniversary.
- Chautauqua County dispatcher Brenda Katta was presented with the NYS Emergency Communicator of the Year award.
- We made re-appointments to the Chautauqua County Industrial Development Agency, including Hans Auer and Brad Walters of Bemus Point.
- We made re-appointments to the Chautauqua County Sports Fishery Advisory Board including Monte Kennedy of Ashville.
- We made re-appointments to the Chautauqua County Airport Commission including Greg Jones of Bemus Point and Jay Churchill of Ashville.
- We made several year-end adjustments to the 2019 Budget. Although the final results for the year were not yet available, it looks like budget performance was favorable overall with good expense control and favorable revenue generation.
Mr. Yates asked if there was anything new with the sewer expansion.
Mr. Chagnon said they have reviewed the engineer’s basis of design report which is of a technical nature addressing size of pumps; lines; locations of stations, etc. He said there were quite a few questions that came out of the meeting and the engineer’s will be coming back with further information. He said the Sewer Board will meet again later this month to hopefully approve the design.
KEVIN OKERLUND, ASSESSOR
Mrs. Thomas said Mr. Okerlund’s report for March indicated that 3/1/20 was the last day to file for exemptions, but that until Grievance Day (Wed. 5/27/20) the Assessor can accept Enhanced STAR applications for those who missed the deadline due to 1) death of an immediate family member, or 2) serious illness or hospitalization that can be documented. Mrs. Thomas said she had checked and their office has removed the Mitchell property from the taxable portion of roll.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read his report into the record. His report also included the January Report which was unavailable at the last meeting.
COURT REPORT FOR MONTH OF February 2020
March 9, 2020 Board Meeting
$18,187.00 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 February, 2020. We opened 156 new cases and closed 134 cases.
COURT REPORT FOR MONTH OF January 2020
March 9, 2020 Board Meeting
$22,507.00 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 January, 2020. We opened 171 new cases and closed 169 cases.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said all is well with the Highway Department.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Yates said Mr. Lawson is absent due to illness and reviewed his report for those present.
JOHN STOW, DCO
Mr. Yates said Mr. Stow’s report indicated that he had one call this month. The SPCA had a dog brought to them from the Ashville Bay area and he had met them and completed the paperwork.
Mrs. Thomas said the owner of the dog had come in this evening to license it so she could pick it up at the SPCA. There will be no cost to the town.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had sent a payment check for $2,000,000.00 to the County for the 2020 Tax Warrant. She said current collection status is: Warrant of $3,660,385.00; Collected to date $3,318,353.00; Outstanding balance $341,579.00. She said collection ends on 4/1/20, at which time the outstanding balance will be turned over to the County. She said final notices for payment went out on 3/5/20.
- MOTION # 34 OF 2020
MRS. ORTMAN MOTIONED TO ACCEPT THE TOWN CLERKS REPORT FOR FEBRUARY 2020 AS PRESENTED. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)
Mr. Yates reviewed his report for those present and a copy is attached to these minutes.
There was a suggestion and discussion of taking advantage of the falling interest rates in relation to refinancing the new building construction.
- MOTION # 35 OF 2020
- SENA MOTIONED TO ACCEPT THE SUPERVISORS REPORT FOR FEBRUARY 2020 AS PRESENTED. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 36 OF 2020
- MCNEILL MOTIONED TO APPROVE THE PAYMENT OF THE GENERAL FUND VOUCHERS AS REVIEWED AND AUDITED PREVIOUSLY IN THE AMOUNT OF $46,751.79. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 37 OF 2020
- MCNEILL MOTIONED TO APPROVE THE PAYMENT OF THE HIGHWAY FUND VOUCHERS AS REVIEWED AND AUDITED PREVIOUSLY IN THE AMOUNT OF $30,636.34. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 38 OF 2020
- MCNEILL MOTIONED TO APPROVE THE PAYMENT OF THE CAPITAL FUND VOUCHERS AS REVIEWED AND AUDITED PREVIOUSLY IN THE AMOUNT OF $152,209.60. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 39 OF 2020
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:00 PM.
Nancy M. Thomas