TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 04/12/2021 7:00PM
ROBERT YATES, SUPERVISOR PRESENT
RICHARD SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
OTHERS PRESENT: Pierre Chagnon, Legislator; Howard Peacock, Justice; Dan Strickland, Highway Superintendent; Robin Miller, Bookkeeper; Brad Lawson, Zoning C.E.O.; Dale Robbins & Kelly Johnson, Attorneys; Nancy Thomas, Town Clerk
Lawrence & Nancy Meyer; Clayton Emick; Art & Andrea McLean; Jim & Kathy Gibbons; Craig Phillips; Franz & Anne Fulkerson; Dave Lutsch; David & Margaret Wahl; Darin & Amy Schulz; Bruce M. Pfeil; Bob & Sally Pray; Bob & Linda Pollino; Mike Mangano; Bill & Katrina Cummings; Brandon & Tiff VanCuren
- PLEDGE & MOMENT OF SILENCE
- APPOINTMENT OF BRUCE MIKE PFEIL TO TOWN BOARD
Mr. Yates said that there has been a vacancy on the Town Board since the passing of Duncan McNeill. He said we have a candidate for the position with us tonight and would entertain a motion to appoint Bruce Mike Pfeil to that vacancy.
- MOTION # 39 OF 2021
MR. SENSKE MOTIONED TO APPOINT BRUCE MICHAEL PFEIL AS COUNCILMAN OF THE TOWN OF NORTH HARMONY EFFECTIVE 4/12/2021 – 12/31/2021 TO FILL THE VACANCY LEFT BY DUNCAN MCNEILL (TERM 1/1/2020-12/31/2023). MRS. ORTMAN SECONDED. YES (4): SENA, ORTMAN, SENSKE, YATES. NO (0). THE MOTION WAS CARRIED.
Mrs. Thomas swore in Mr. Pfeil and he assumed his seat on the Town Board.
Mr. Pfeil provided a brief background for those present. He said he had retired as an engineer from Zippo in 2018 and has owned property in North Harmony since 2006 but has many family connections to the lake area from the past. He said when he retired he and his wife had moved here permanently because this was where they wanted to be. He said he feels privileged to serve on the board and his goal is to serve the residents as best he can. He said he hopes his background in engineering and private management will serve the town well as we go forward with sewer infrastructure and possibly down the road water.
- MINUTES: 3/8/21
- MOTION # 40 OF 2021
MR. SENA MOTIONED TO ADOPT THE MINUTES OF THE 3/8/2021 TOWN BOARD MEETING AS PRESENTED BY THE CLERK. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
4/12/2021 (Pg. 2)
- PUBLIC COMMENT:
- PUBLIC COMMENT ON TONH HERBICIDE APPLICATION
Mr. Emick asked for an explanation of Motion #29-2021(ref. 3/8/21Minutes) at the last board meeting. He said he thought the motion was made to discuss and then tabled. He said he had subsequently received a letter that stated that at the Towns 3/8/21 meeting Councilman Sena advised that a special meeting would not take place and the herbicide permit application will not go forward. The NYS-DEC was advised to withdraw the application.
Mr. Yates said he did not submit that to the DEC. He said it went to a vote and there was a split decision: 2 Yes; 2 No. He said since he did not submit that, it must have been Solitude or the CLP. He asked Mr. Sena if he had notified the DEC.
Mr. Sena said no, the DEC did not withdraw the permit because the permit was never submitted. He said this year was different than any other year when it came to submitting permits. He said in order to even submit the permit application for herbicide treatment a resolution from the Town Board was required. He said the board had voted on the resolution and because of the split vote it was a No decision and therefore the application was never submitted.
Mike Mangano residing at Hadley Bay asked Mr. Yates why he had voted no on the permit application.
Mr. Yates said he has been involved with the town for 3 years and 2 years for the permitting of herbicide. He said the first year they spent over $800,000 and some people had success and some did not. He said he believes the problems with blue-green algae on the south end of the lake is a result of killing all the weeds off the bottom of the lake. He said it is an aesthetic approach that only lasts for about 3 months. He said he did not wish to take up the meeting further with his opinion but would be happy to discuss it with anyone one on one.
Mrs. Ortman said she was the second no vote. She said her reason for voting no was separate from her personal opinion. She said she is a representative and she reflects the wishes of the constituent group that she represents. She said we have approved herbicides at every opportunity we have had and her experience is that there are about 50% in favor and 50% against the application of herbicides. She said because she is a lake resident the majority of the people she talks to are lakefront owners, but there are quite a number of people she has spoken to who do not live on the lake that represent an opinion that is counter to herbicide treatment.
Mr. Sena said his opinion when it was brought to him was that the board still had the opportunity to vote this down and not approve it. It was just a resolution to submit an application to the DEC; the DEC would make the decision whether it would be proper to treat our area. He said our area of treatment was about 25 acres and would be treated for only milfoil and curly leaf pond weed was not a part of the application. He said he had voted yes because of the people he has spoken to, 95% want to have some type of treatment. He said we need to have multiple ways to approach the lake. He said he wished the board would have at least allowed the permit to go to the DEC and let them decide what can/cannot be done; then they could have voted as a board to accept that decision or not.
A Lake Resident agreed that a multiple approach is needed. He said parts of that include the sewer system, CWC, and spraying is important for those who live on and use the lake. He said the treatment may last for only 3 months but those are the 3 months the residents want to be on the lake.
A Lake Resident said with due respect to those who voted no, those who live on the lake pay very high taxes and it is almost impossible for them to use the lake for boating, swimming, skiing, paddleboard, etc. He asked the board to take that into consideration.
4/12/2021 (Pg. 3)
There was discussion that only a small area of the lake in North Harmony was being considered for treatment. There was discussion of funding for treatment (i.e. raise taxes). It was noted that the town has budgeted $15,000 for the lake and some of that will support weed harvesting. It was discussed that the Alliance has grant funds of $90,000 to be divided among 6 towns.
A Lake Resident asked if there are other avenues of recourse for the lake other than just cutting weeds.
Mr. Sena said he would like to see some funding go toward more research by the Bowling Green Group. He said they had placed a sensor in the lake in North Harmony and the sensor at $25,000 had gone missing. He said there was opportunity to raise additional funds through the Alliance, other grants, and donations from private residents.
There was discussion of the controversy between the lake groups and the Memorandum of Agreement (MOA) established with George Borrello. The problem with the MOA was that all the Towns agreed except Ellery and the agreement hinges on all parties being in favor or nothing happens.
Mr. Yates said the County and Towns are working on a new Memorandum of Understanding (MOU) and hopefully all will be in agreement this time for the benefit and health of the lake. He gave further examples of condition issues on the lake including Hadley Bay and Ball Creek. He said nutrient overload and silt are areas he is working on addressing with stream bank stabilization and the use of a sensor on Ball Creek and indicated that he is looking for more permanent ways to address the problems.
Mr. Senske said he had reached out to Mr. Sena after the permit application was voted down at the last meeting. He said they had tried to go back but time constraints prevented that. He said he also felt the changes to the process instituted by the DEC were confusing and he felt that some may not have had a good understanding of what they were voting on. He said the town is not just looking at treatment as an option; he said they had applied for funding to purchase a mobi-trac to help with shore line clean up and had been turned down.
Mr. Yates also noted how difficult it is to provide notice all around the lake of treatment when they are only given 24 hours’ notice by the DEC prior to application.
Lawrence Meyer, Ashville Bay asked if the town would be funding the CLA this year for weed harvesting.
Mr. Yates said the town has not given the CLA any funding at this time.
There was discussion of the use of mobi-trac’s for clean up around the shoreline. There are currently 4 of them on the lake and they will be used by the Town of Chautauqua and the CLA this year.
Mr. Yates said there are 2 new machines at the CLA which will be used to pick up fractured weeds.
He said if the CLA were to begin earlier with the harvest, the growth would be deterred, but the DEC will not allow that because of the fish (spawning, hatcheries, etc.).
Mr. Sena said the town used to have line items in the budget for the specific lake organizations. He said now it is one item for Beautification of the Lake. He said this is a good time with the group of people here to ask for future input into how they would want the board to use the budget monies available.
It was discussed that a proposal for a Lake Taxing District has been in preliminary discussion by the county and towns and hopefully there will be something available soon for public review.
- Anne & Franz Fulkerson, 3354 Almar Dr.
Mrs. Fulkerson read a statement (appended to these minutes) to those present regarding an issue involving the Olson’s, 3364 Almar, neighbors who purchased property recently and a portion of lakefront (Lot #27) to which the Fulkerson’s have deeded access. She also provided documents which included letters from the Olson’s which they feel are threatening and an attempt at extortion. She said they are attempting to charge them from using their deeded access to the lake. A statement was also received from neighbors Chuck and Marcia Hutcheson.
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Mrs. Cummings said she had also provided a statement to the town as her family also has deeded access. She said she has 3 daughters and Mr. Olson has cameras placed in areas that are invasive to their privacy. She said Mr. Olson makes everyone nervous as to what his intentions are as ARRA Chautauqua LLC.
It was discussed that there are a number of residents present who have deeded access through that lot and they confirmed the statements of Mrs. Fulkerson and Mrs. Cummings. The board reviewed photographs provided.
Mr. Yates suggested that the neighbors pool their funds and retain an attorney. He said there are town zoning laws that must be abided by and we could look at that, but they should really get an attorney.
Mrs. Fulkerson said they just wanted to make the board aware of the situation and ask that the requests regarding violations of any zoning codes be looked at.
Mr. Lawson said he had spoken to some of those present in general. He said he had spoken to Mr. Olson two weeks ago and he has some additional information regarding the subject which is too lengthy to discuss at this time. He said any who wished could call and he would be happy to sit down with them. He said some of their issues are not within the bounds of the towns authority.
There was discussion about Mr. Olson’s plan to install another dock at the lot and Mr. Lawson said in that respect all he could do was make a recommendation to Mr. Olson. He said he cannot issue a violation for something that has not been done. There was discussion of contacting the Health Department as it relates to the camper the Olson’s are using which has no water/sewage facilities. It was discussed that the lot was shared by 5 families by deed and was connected to Mr. Olson by the property he had purchased above. He had subsequently subdivided the lot on the lake from the lot above and filed them as separate lots through ARRA, LLC. There was discussion that what Mr. Olson intends to do with the lot is a form of Funneling which is against the law.
Mr. Robbins said the County Clerk’s office should not have accepted the deed. He suggested that they contact that office.
Darin Schulz said what concerns him is that this individual is trying to assess his own property tax on his neighbors and is sending threatening letters to neighbors who don’t even have access to that property.
He said he understands that the town can only act within their authority, but he wants to make sure that the board is aware of the situation and the concerns of the neighbors involved.
Mr. Lawson assured that he would look into all of it and the town would certainly do what is within their right to do. He said he wanted to make clear that Mr. Olson was within his right to build the pole barn and to have the RV sitting there. Whether he is occupying it too long or not is another question.
It was discussed that in relation to the cameras, the Sheriff’s Office should be contacted and the Health Department about the trailer/bathroom concern.
- CORRESPONDENCE: The following correspondence has been received by the Supervisor and is available for review:
- Westside Sewer Update – Tentative date for going out to bid
Mr. Chagnon said the tentative date to go out to bid was this week, but there was a problem and they will have more information on Thursday.
- Town of North Harmony Water District Project – No news to date
- Gale-Head Development, Solar Project at 2144 Open Meadows Rd.
Mr. Yates said he had received a letter of intent from them.
Mr. Lawson said he has a meeting with them this Thursday.
4/12/2021 (Pg. 5)
- Walter & Louise Wolanske – In favor of herbicide treatment
Discussed during Public Comment.
- Letter from Katrina Cummings – Deeded Lake Rights
Discussed during Public Comment.
- Letter from 2949 Stebbins Rd. – Winter road conditions
Mr. Yates said there was a letter sent with no name complaining of the conditions of that road this winter.
- Town of Busti – Notice of ZBA Hearing – Creekside Lane
- NYS-DOT – Bridge Painting in North Harmony and other towns
- Chautauqua Co. Finance – Todd Button – Sales Tax update
Mr. Chagnon said year to date sales tax receipts are 5.16% greater than last year.
- National Grid – upcoming change to Outdoor Lighting electric rate increase eff. 4/1/21
- OLD BUSINESS:
- Winona Avenue Connelly Park – Town ROW
Mr. Yates said this has been an ongoing issue since 2005.
Mr. Gibbons said his family have been residents for 30 years and about 25 years ago he became very concerned about the drainage ditch that flows from Rt. 394 down to Winona Ave. and empties out next to his property. He said the upper hillside at that time had been forested but that has been cleared which has created runoff that feeds into his lakefront and something needs to be done about it. He said adjoining his property is an undeveloped paper street. He said when the Connelly Park development was first laid out, Winona Ave. comes down from the hillside; Almar Dr. is above and Highland Ave. is lakeside. He said he lives on a 5 cottage private road called Elm Ave. which circles up and connects at the foot of Winona. He said it has been an undeveloped and unused ROW and there has been much controversy over it. He said he has maintained it for 29 years in a manner consistent with watershed objectives. He said in 2005 the CWC
had seen the area and they were alarmed by what they saw (i.e. sediment, street oils, etc.). He said the CWC and County Soil and Water had engaged with the town to create a watershed buffer retention ditch at the foot of Winona in 2005. He said that was pretty successful for about 15 years, but during that time all the upper land had been cleared which caused the volume of runoff to increase substantially. He said the Soil and Water people have come up with a better design to widen the storm water retention area to keep up with the flow of the water and sediment coming down hill. He said his other concern is over the claims of ownership to this land (i.e. deeded rights). He said there are presently 4 acres of land uphill being marketed for sale as having deeded access through that land for launching kayaks, etc. He said a neighbor, Mr. Mach has complained about his parking of his vintage vehicle on the land and after research at the County he has found that Mr. Mach’s deed allows him access to the lake through Lot #27 which is the same lot discussed previously in the meeting by the Fulkerson’s, Cummings, Schulz, etc. He said when Connelly Park was founded, prior to subdivision, 11 upland residents had deeded access through Lot # 27. He said he
4/12/2021 (Pg. 6)
researched and could find no riparian rights to the ROW in question by any upland residents. He asked the town to consider abiding by NYS law and town of Ellicott precedent that an abandoned paper street for more than 21 years become the property of the abutting property owners. He said he just wants to get this resolved once and for all after so many years of issues.
Mrs. Gibbons said after researching this with the County Clerk’s office, it was determined that the part of Winona Ave. in question is indeed a paper street and it is possible that the board could by public referendum allow the subdivision of the land to the abutting properties and be added to the tax rolls and provide watershed and habitat protection.
Mr. Yates said it is approximately 30’ wide and about half of it is ditch. It was noted that Mr. Gibbons garage is already about 1.7’ over that line. He said he believes more research is needed, but he feels that the town should not have any interest in this real estate. He said it is not buildable but should be preserved.
Mr. Robbins said to really find out who owns the property would take approximately $2,000 for an abstract search. He said whether or not the deed says you have rights to it, if you live on a plot of land that was part of the subdivision and the subdivision dedicated a piece of property for the use of the people in the subdivision, it doesn’t really matter whether the deed conveyed that right; it is automatic that they have that right.
There was discussion of paper streets; which means that they were never dedicated to the town and it also means that the town has no interest in them.
Mr. Gibbons said except for infrastructure; which is when towns have an interest such as the project the town undertook under Mr. Lloyd in 2005 to slow runoff. He said he believes the project indicates the town does have an interest.
There was further general discussion that a title abstract search going back over 100 years would be necessary. It was also discussed if the town owns it there would be some type of record of that dedication on record in the Town Clerks office.
Mr. Senske said according to minutes from 2012 (Motion #114-2012) the town had the ROW surveyed and authorized the filing of a quit claim deed.
Mr. Robbins said that still does not necessarily mean the town owns it. He said it is a convoluted situation and it is very common around the lake.
Mr. Yates said we should follow Mr. Robbins advice and someone needs to get a title abstract search done.
Mr. Robbins agreed and said a determination needs to be sought on who last owned this property and to whom, while it was owned, an interest was given.
Mr. Senske said according to previous minutes of 2012, Mr. Stapleton advised the Gibbons that a title search abstract needed to be done and that was how it was left.
Mr. Robbins said even if an abstract search is done there are still the issues of the runoff project located there.
There was discussion of that project and plans were briefly discussed about re-doing some of it.
Mr. Yates said he would discuss the matter with our Attorneys and contact the Gibbons soon.
- Charter/Spectrum Cable Franchise Agreement
Mr. Robbins said the town has not heard back from them regarding the agreement sent. He said his office would check on that.
- Mitchell Property – Sale of 2-4 acres
Mr. Yates said Mr. Sena had suggested that the town put it up for sale of 2 acres Commercial with the option to purchase up to 4 acres. He said he would like to use Timberland Realty who has provided the
4/12/2021 (Pg. 7)
complete appraisal and are very competent. He said he would also like them to list the Gravel Pit. He said we are not ready to put up the Old Town Building because they would like to photograph it once it is empty.
He said we will need surveyors to pin off the 2 acres and also pin 4 acres.
- MOTION # 41 OF 2021
MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR TO CONTRACT WITH TIMBERLAND REALTY TO LIST FOR SALE A PORTION OF THE MITCHELL TOWN PROPERTY LOCATED IN THE COMMERCIAL DISTRICT AT 2 ACRES WITH AN OPTION TO PURCHASE UP TO 4 ACRES AND THE ENTIRETY OF THE PANAMA-STEDMAN CR-33 GRAVEL PIT. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
There was discussion of further cleaning at the Mitchell property related to demolition and tree cutting. There was discussion if the Highway Department could spread some hay at the location to cover the ground.
Mr. Strickland said at this time he is very busy and cannot make a commitment this week.
It was decided that Mr. Yates and Mr. Sena would do the work.
- NEW BUSINESS:
- Authorization for Destruction of Town Records
Mr. Senske said the Town Clerk has requested the board authorize the destruction of old records.
- MOTION # 42 OF 2021
MR. SENSKE MOTIONED TO AUTHORIZE DESTRUCTION OF TOWN RECORDS AS OUTLINED IN APPENDIX C DATED 4/12/2021 AND IN THE LOCAL GOVERNMENT SCHEDULE 1 (LGS-1). MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Mowing of Town Properties
Mr. Yates said he has discussed with Nate Short the changes to mowing that will occur when the old building no longer needs care and what needs to be mowed at the new building. He said he would like to contract with him for mowing this year at the same cost as last year.
- MOTION # 43 OF 2021
MR. SENA MOTIONED TO CONTRACT WITH NATHAN SHORT, LAWNS-N-MORE FOR MOWING SERVICES FOR TOWN PROPERTIES. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Dedication of New Town Building in conjunction with AFD BBQ fundraiser – Sat. 7/31/21 at 1:00 PM
Mr. Yates said he feels this would be a very good idea and a fun event. He said they could maybe use the opportunity to enlist more volunteers. All present were in favor.
4/12/2021 (Pg. 8)
- Town Website update and Facebook Page (?)
Mr. Yates said he had spoken to our website designer, Elizabeth Gleason and she has agreed to assist with updating the site with new photos and frequent updates. He said she will also assist him with a FACEBOOK Page for the town. He said he and Mrs. Thomas would be administrators of the website. He said there is $500.00 in our budget for a newsletter and he would like to use those funds for the website. He
said there will be a price increase in her service. Ms. Gleason will do a 2-month trial to see the average hours needed and Mr. Yates said it may cost as much as $100-150/month.
- MOTION # 44 OF 2021
MR. SENA MOTIONED TO AUTHORIZE THE EXPENDITURE OF GENERAL FUNDS ALLOCATED TO NEWSLETTER (GF # A6410.4) IN THE AMOUNT OF $500.00 FOR THE PURPOSE OF UPDATES TO THE TOWN WEBSITE AND CREATION OF A FACEBOOK PAGE. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Dick Sena – 2020-21 Snow Totals 111 ½ as of 4/12/21 (20” less than last year)
- Set Public Hearing – Proposed LL#1-2021 6 MONTH MORATORIUM ON SOLAR FARMS
- MOTION # 45 OF 2021
MR. SENA MOTIONED TO HOLD A SEQR AND PUBLIC HEARING ON A PROPOSED LOCAL LAW ESTABLISHING A SIX (6) MONTH MORATORIUM ON SOLAR FARMS ON MONDAY 5/10/21 AT 6:45 PM AT THE TOWN OF NORTH HARMONY LOCATED AT 5350 STOW ROAD, ASHVILLE, NY 14710. MR. SENSKE SECONDED.
Mr. Robbins suggested that the board authorize the expenditure of town resources to provide outside assistance to the Planning Board as they use the moratorium time to work on reviewing the Local Laws.
Mr. Sena said he believes there are funds in Planning that can be used for this.
There was discussion that those funds are also used for Zoning and Planning stipends (at $50 per meeting per member).
YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Public Employer Health Emergency Plan Draft
Mr. Yates said we have a draft that still needs to be reviewed by some board members. He said he would like to indicate by motion that the town will abide by the draft plan in place.
- MOTION # 46 OF 2021
MRS. ORTMAN MOTIONED THAT THE COMPLETED DRAFT PLAN FOR PUBLIC EMPLOYER HEALTH EMERGENCY WILL BE ADHERED TO BY THE TOWN OF NORTH HARMONY EFFECTIVE 4/12/2021. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- BOCES/SUNRISE COVE WATER DISTRICT BAN (FINAL PAYMENT)
Mr. Yates said the final BAN payment for that is coming up on 5/7/2021.
4/12/2021 (Pg. 9)
- MOTION # 47 OF 2021
MR. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO EXECUTE ALL DOCUMENTS MAKING PAYMENT ON THE SUNRISE COVE/BOCES WATER BAN TO M&T BANK AS FOLLOWS:
PRINCIPAL DUE $9,078.18
INTEREST DUE $493.75
TOTAL PMT. $9,571.93
NEW BALANCE: $ .00
MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- President Sunrise Cove Association
Mr. Yates said he had received a call from the Association asking what help the town could provide to give them a new circle because they are selling properties there. He said they are asking us if we are willing to help.
Mr. Strickland said the highway had helped them in the past by putting binder down and Dr. Geleil had paid them. He said what they want will need more work than just a little binder.
Mr. Yates said last time it was done by Sundlov; they had done all the rough work and gotten the ditching into place. He said this was just a request.
Mr. Senske said there is no line item in the budget for anything like this.
Mr. Yates said he would contact them and let them know it is just not within the towns means at this time.
Mr. Lawson said if they intend to go forward with this, someone needs to make sure that they are advised to make it large enough for fire apparatus.
Mr. Strickland said the drainage is already there and the cul-de-sac is built and it needs to be changed to accommodate fire apparatus.
- 2020 AUD completed and filed with NYS Comptroller 3/23/21
- Authorize Highway Superintendent to sell equipment at Auction
Mr. Strickland said he needs the board’s approval to sell 2 pieces of equipment through Auctions International.
- MOTION # 48 OF 2021
MR. SENA MOTIONED TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO PLACE AT AUCTION A 1999 INTERNATIONAL DUMP TRUCK AND A HOMEMADE TRAILER THEY HAVE USED FOR TRANSPORTING A ROLLER. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said they had completed the demolition at the Mitchell property. He said they are preparing to nova chip all of Ashville Hamlet and Victoria Road. He said they are preparing for sealing, oil and stone on Bly Hill, Cheney, Ramsey and are discussing Magnolia with JMI. He said they are working on
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the bank stabilization at the bottom of West Hill Rd. with Harmony. He said this is related to the home that is about to fall into the creek at the bottom.
Mr. Yates said we will be using all the concrete from the Mitchell demolition and repurposing it for material to shore that up. He said this has been a joint effort between Mr. Strickland, Dave Span at Soil and Water and Tim Card at Harmony.
Mr. Strickland said we have not received the excavator yet. He said the burning bushes have been purchased for Veteran’s Park and are waiting for the Harley rake to plant.
Mr. Strickland officially announced his retirement this year. He said he doesn’t have a set date but it will be sometime between 8/2/21 and 10/31/21.
There was discussion that an appointment would be made to that position and they would have to run in the next General Election.
Mr. Strickland said only if he retires before 8/2/21 will they need to run in the next General Election and he does not plan to do that.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the March Legislature meeting:
- We adopted and certified the County New York State Police Reform and Reinvention Collaborative Plan. The Sheriff’s office over the past several months distributed written surveys and reached out to many diverse community stakeholders to develop the draft plan. While many of the elements of the draft plan were already underway, or were existing policies of the Sheriff’s Office, the community input process provided an opportunity for broad introspection and review.
- We authorized receipt of bids and offers via electronic submission. Receipt of electronically submitted sealed bids and sealed offers, including electronic receipt of statements of non-collusion required by General Municipal Law, is authorized with the exception of bids and offers pertaining to public works subject to Article 8 of New York State Labor Law.
- We held a public hearing and authorized submittal of a 2021 Community Development Block Grant application to the New York State Office of Community Renewal seeking $224K for a private water and wastewater assistance project designed to assist low and moderate income persons with repair and replacement of their water and wastewater systems.
- YTD sales tax receipts are 5.16% greater than last year, even after the State Distressed Health Care Facilities Fund deduction which amounted to 2.71% of last ytd receipts.
ANNE GOLLEY, ASSESSOR
TOWN OF NORTH HARMONY
Work is being completed for the valuation for new construction and demolition. All properties will be valued for the May release of the new assessments.
Grievance Day for the 2021 assessment roll will be Wednesday, May 26th by appointment at the Town of Chautauqua office.
As always, thank you for your continued support of the Assessor’s Office.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report for those present:
COURT REPORT FOR MONTHS OF FEBRUARY AND MARCH 2021
April 12, 2021 Board Meeting
4/12/2021 (Pg. 11)
$26,249.00 in fines, fees, and surcharges was collected by the Court and was given to the Town of North Harmony CFO for the court cases reported to the NYS Comptroller for February 2021. We opened 137 new cases and closed 167 cases.
$39,605.00 in fines, fees, and surcharges was collected by the Court and was given to the Town of North Harmony CFO for the court cases reported to the NYS Comptroller for March 2021. We opened 267 new cases and closed 261 cases.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his written report for those present. There was discussion that the proposed Moratorium on Solar Farms will not affect residential solar.
JOHN STOW, DCO
Report as follows:
I had 2 calls this month. The first call was a complaint for a large dog on Fox Rd. that wouldn’t let walkers by the property. I spoke to the homeowner and gave him a verbal warning and explained the situation to him.
The second call was for 2 dogs loose on Interstate 86. I assisted the NYS Troopers in apprehending the suspects, which were taken into pup custody and remanded to the Chautauqua County Humane Society.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas gave a final report on Tax Collection for 2021 as follows (a copy of the full report is appended to these minutes)
Warrant: $3,891,713.66 Collected: $3,690,263.97 Unpaid: $134,642.75 (3.5%)
Mrs. Thomas said we need to do a dog enumeration. She said she is researching a company that for a very reasonable fee will help do this by mail. She said several local Clerks have used this method and are very pleased with it. She said she would come back to the board when she has more information.
- MOTION # 49 OF 2021
MR. SENA MOTIONED TO ACCEPT THE TOWN CLERKS MARCH 2021 REPORT AS SUBMITTED. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Set Town Board Work Session for Monday, 4/26/2021 at 6:00 PM – Employee Handbook
ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)
- MOTION # 50 OF 2021
MR. SENA MOTIONED TO ACCEPT THE SUPERVISOR’S MARCH 2021 REPORT AS SUBMITTED. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
4/12/2021 (Pg. 12)
- MOTION # 51 OF 2021
MRS. ORTMAN MOTIONED TO PAY THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND VOUCHERS $23,896.54
HIGHWAY FUND VOUCHERS $41,521.75
SPECIAL DIST. BOCES/SUNRISE COVE (Prin. $9,078.18/Int. $493.75) $ 9,571.93
MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Executive Session
- MOTION # 52 OF 2021
MR. SENSKE MOTIONED TO ADJOURN THE BOARD MEETING AND ENTER INTO EXECUTIVE SESSION TO DISCUSS A PARTICULAR PERSONS EMPLOYMENT AT 9:25 PM. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 53 OF 2021
MR. SENA MOTIONED TO READJOURN THE MEETING AT 9:44 PM. MR. SENSKE SECONDED AND NONE BEING OPPOSED THE MOTION WAS CARRIED.
- MOTION # 54 OF 2021
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 9:45 PM.
Nancy M. Thomas