TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 06/14/2021 7:00PM
ROBERT YATES, SUPERVISOR PRESENT
RICHARD SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Helen & Clayton Emick; Jonathan & Mary Henck; Ken Schoetz; Randy Jolles;
Tom & Sue Kochin; Heidi Rhodes; Jim Levesque; Troy Ludtka; William Brosius; Cherie Hepp; Steve & Linda Ahlstedt; Sally Holland; Jay & Allison Churchill; Lisa Sferra; Ron McCaulley; Frank Schoenacker; Dale Robbins & Kelly Johnson, Attorneys; Brad Lawson, Zoning C.E.O.; Howard Peacock, Justice; Robin Miller, Bookkeeper; Pierre Chagnon, Legislator; Nancy Thomas, Town Clerk
- PLEDGE & MOMENT OF SILENCE
- PUBLIC HEARING:
- 5:45 PM – SEQR & PUBLIC HEARING – LL #1-2021 – A LOCAL LAW ESTABLISHING A 6 MONTH MORATORIUM ON THE CONSTRUCTION, INSTALLATION AND/OR PERMITTING OF SOLAR FARMS
Mr. Yates brought the hearing to order at 5:45 PM. He said the Town Clerk had received a letter from Chautauqua County Planning on the Municipal Referral submitted on the proposed Local Law and they indicated that the proposed action is a matter of local concern.
Mr. Yates opened the floor to public comment. He said this proposed moratorium would lead to further study by the town.
Mr. Sena said the Planning Board was concerned with addressing larger solar farms in our zoning code and this moratorium will allow them the time needed to further study this and address it.
The short EAF was reviewed and there was no objection to the findings therein.
- MOTION # 70 OF 2021
MR. SENA MOTIONED FOR A NEGATIVE DECLARATION OF IMPACT ON PROPOSED LOCAL LAW #1-2021 – A LOCAL LAW ESTABLISHING A 6 MONTH MORATORIUM ON THE CONSTRUCTION, INSTALLATION AND/OR PERMITTING OF SOLAR FARMS IN THE TOWN OF NORTH HARMONY. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL AND YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 71 OF 2021
MR. SENA MOTIONED TO ADOPT LOCAL LAW #1-2021 – A LOCAL LAW ESTABLISHING A 6 MONTH MORATORIUM ON THE CONSTRUCTION, INSTALLATION AND/OR PERMITTING OF SOLAR FARMS IN THE TOWN OF NORTH HARMONY. MR. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL AND YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 72 OF 2021
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED, THE PUBLIC HEARING WAS ADJOURNED AT 6:00 PM.
Nancy Thomas
Town Clerk
- PUBLIC HEARING:
- 6:00 PM – SEQR & PUBLIC HEARING – LL #2-2021 – ZONING MAP DISTRICT CHANGE – HADLEY BAY AREA
- MOTION # 73 OF 2021
MR. SENSKE MOTIONED TO BRING THE PUBLIC HEARING TO ORDER AT 6:00 PM. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL AND YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Robbins stated for the record that the town is considering tonight whether it will have a full EIS (Environmental Impact Statement) or if a negative declaration will be issued with respect to the change in zoning. He said that decision will be discussed and worked through before there will be any finalization of the Local Law.
Mr. Yates said the Town Clerk had received a letter from Chautauqua County Planning on the Municipal Referral submitted on the proposed Local Law and they indicated that the proposed action is a matter of local concern. Mr. Yates opened the floor for public comment.
Mr. Robbins said what we are doing tonight is dealing with a recommendation from the Planning Board that the Zoning District be changed with respect to the areas outlined in the proposed law. He said the board must make several decisions: 1) if a long form full EAF (Environmental Assessment Form) is warranted; 2) whether it is in the best interest of the town to go forward with the Local Law; 3) board can adopt, amend, or reject the local law. He said none of that can happen without the public’s input. He said a negative declaration of impact means there may be some environmental impact issues, but the board determines that they are not significant enough to request a full EIS.
Mrs. Henck asked why the town had not sent out return receipt requested letters to all residents of Hadley Bay regarding this proposed hotel. She said instead they had heard about it from the Post Journal.
Mr. Yates said Mr. Gerring had come to the Planning Board to ask for information about what would be needed to go forward with a proposal for a hotel on the land he owns at Hadley Bay. He said he was contacted by the P-J and asked to comment on this. He said he replied that someone had come to the Planning Board to ask questions. He said he requested they not publish anything as the town had not had time to notify anyone in Hadley Bay. He said two days later the P-J had simply taken information from the Planning Board minutes on the website and published them as fact. He said when someone comes to the town to discuss an idea/proposal, it is not his responsibility to inform the public what is coming to the board as a discussion; but when it becomes a formal request, they would have all been informed.
The following persons spoke at the public hearing: Tom Kochin; Jonathan Henck; Ken Schoetz; Sue Kochin; Troy Ludtka; Mary Henck; Heidi Rhodes; Steve Ahlstedt.
Concerns Expressed:
- Town did all this work during the winter months when residents were not around.
- Town does not even know what hotel will be located there.
- TC-4 District has height limit of 2 ½ stories or (35’). TC-3 has height limit of 4 stories or (60’)
- People do not want hotel in their backyard.
- SEQR requires town to take hard look at all potential impacts associated with project. Current EIS is arbitrary and capricious. Impacts will be large. Full EAF should be performed. Would like to see process followed for best results.
- Traffic will be affected negatively.
- Disagree that 4 story hotel with parking lot and lights is in best interest of town and residents.
- Zoning change is being prompted by hotel interest and infrastructure.
- Critical environmental area will be negatively affected. Character of neighborhood will be adversely affected. Residents should be allowed to vote on Short EAF Part 2.
- Concern about middle of the night arrivals disturbing neighbors. Hotel would be nice location for drug activity. Vacant residences in winter are good target for break-ins, etc.
- Timing of action is suspicious, and this appears to be spot zoning.
- This project would not benefit town revenues because of tax abatements (up to 10 years) from the IDA.
- There is not enough information to make an informed decision on a zoning change at this time (i.e. SEQR, impact statement, etc.).
- A hotel would be better located nearer Rt. 394 and not on that hill.
- Proper steps have not been taken. Board is placing cart before the horse.
- Concern about derelict restaurant and dumpster located at property that should be cleaned up.
- Board should consider the people who live in Hadley Bay and SEQR as currently filled out is outright false.
There was discussion that if a hotel were to be built, it would be necessary to prove that there is adequate water there for use and pressure for fire suppression. A resident indicated that he heard that sewer and water were coming at the same time.
Mr. Yates said that was not true. Hewas asked where water would come from if infrastructure is extended. He said it would come from the aquifer in Kiantone which is incredibly large. He said he cannot ask for any further grant funding until they break ground on the sewer extension, but he has been talking with the County, State and Federal governments to try to get water all the way around the lake. He said even so, water is years away from North Harmony.
Mr. Senske said many of the questions about possibly developing this property are in very early stages and there are not answers to them, since no formal application/request has been made by anyone. He said one of Mr. Gerring’s questions to the Planning Board was if he does get a hotel interested, could he locate a hotel at that property. He said the Planning Board had indicated not as it is currently zoned, but a discussion with the board could begin on the feasibility of changing the zoning. He said any type of action on this type of proposal is years away.
Mr. Sena and Mrs. Ortman indicated that the board has not even had a chance to review the SEQR on the proposed zoning change. Mr. Sena noted that if a proposal were made for the property development it would be years away and the rigors of SEQR are very strict and not quickly accomplished.
Mr. Robbins said if someone does apply to put a hotel at the location, a much more involved SEQR and EIS will have to be performed and a Special Permit will be required.
Mr. Yates said the sewer infrastructure will bring change to the entire area and particularly this intersection.
Mr. Levesque, Chairman of the ZBA, said whether it is a hotel or some other type of project, the zoning must be considered in that decision. He said the board is not considering approval of a project, a person, or a piece of land, they are simply trying to decide if it is necessary to make a change in this section of zoning for whatever happens in the future. He said he understands it is the sewer expansion that prompted this individual to question the possibility because there is no way you can locate a hotel without it. He said it is his experience that all members of the various town boards are committed to making decisions in the best interest of the entire town, not just themselves.
Mr. Yates said we must move forward with the meeting. He said this type of change, whether we like it or not, is inevitable. He said with the concerns expressed tonight he would like to postpone any type of decision. He said we need more time and thought put into this and legal counsel needs to be sought.
- MOTION # 74 OF 2021
MR. SENA MOTIONED TO TABLE ACTION ON SEQR AND PUBLIC HEARING OF PROPOSED LOCAL LAW #2-2021- ZONING MAP DISTRICT CHANGE – HADLEY BAY AREA. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 75 OF 2021
MR. SENA MOTIONED TO ADJOURN THE HEARING AT 7:15 PM. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
Nancy Thomas
Town Clerk
- PUBLIC HEARING:
- 6:45 PM – PUBLIC HEARING SPECTRUM/CHARTER FRANCHISE AGREEMENT
- MOTION # 76 OF 2021
MR. SENA MOTIONED TO OPEN THE HEARING ON THE SPECTRUM/CHARTER FRANCHISE AGREEMENT AT 7:15 PM. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
The Town Clerk read the proposed Franchise Agreement for those present. It was noted that the two previously existing agreements with Time Warner are combined into one; the agreement is for a period of 15 years with franchise fees to the town of 5%.
Mr. Yates asked if anyone wished to speak regarding the agreement.
- MOTION/RESOLUTION # 77 OF 2021
MR. SENSKE MOTIONED FOR A RESOLUTION TO ENTER INTO A FRANCHISE AGREEMENT BETWEEN THE TOWN OF NORTH HARMONY AND SPECTRUM NORTHEAST, LLC, AN INDIRECT SUBSIDIARY OF CHARTER COMMUNICATIONS, INC.
FOR A PERIOD OF FIFTEEN (15) YEARS COMMENCING ON THE DATE AS SET FORTH IN SECTION 15.3 OF THE AGREEMENT AT FRANCHISE FEES OF 5% AS SET FORTH IN SECTION 10.1. FURTHER, THE SUPERVISOR WAS AUTHORIZED TO EXECUTE ALL DOCUMENTS RELATED TO THIS ACTION. MRS. ORTMAN SECONDED. SENA (YES); ORTMAN (YES); SENSKE (YES); PFEIL (YES); YATES (YES). NO (0). THE MOTION/RESOLUTION WAS ADOPTED UNANIMOUSLY.
- MOTION # 78 OF 2021
MR. SENA MOTIONED TO ADJOURN THE PUBLIC HEARING AT 7:25 PM. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Yates called for a 5-minute recess before beginning the regular board meeting.
Nancy M. Thomas
Town Clerk
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 06/14/2021 7:35 PM
- MINUTES: 5/10/2021
- MOTION # 79 OF 2021
MR. SENA MOTIONED TO ADOPT THE MINUTES OF THE 5/10/2021 TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- SEWER UPDATE
Mr. Yates said the sewer project bid was awarded to Northrup and they plan a mid-August groundbreaking at BOCES on the project.
- PUBLIC COMMENT:
- ALLISON CHURCHILL – QUIGLEY PARK
Mrs. Churchill said she has been reviewing the budget and asked for a brief description of some the monies being earmarked for Chautauqua Lake Beautification. She said the 2020 budget amount was $15,000 and only $7,500 was spent. She said the budget for 2021 is $15,000 and asked how that would be spent.
Mr. Yates said in 2020 $7,500 was given to the CLA for weed cutting. This years funds will be used for beautification and maintenance of the lake. He said in order to get help from the CLA you kind of have
to pay as you go; this year the CLA will again be funded for lake week removal and excess funds will be used to treat any invasive species with a pesticide. He said we have not seen any of that at this time.
Mrs. Churchill asked if the $7,500 balance from 2020 had been carried over into 2021.
Mr. Yates said no.
- CORRESPONDENCE: The following correspondence has been received by the Supervisor and is available for review:
1. Results of Grievance Day 5/26/21 – Total assessment reduction $38,100
2. Assessor – Property Transfers March 2021 – A/V $322,800.00; S/P $300,924.00 (- $21,876.00)
Assessor – Property Transfers April 2021 – A/V $102,700.00; S/P $239,000.00 (+$136,300.00)
3. NYS-ORPTS – Final NYS Equalization Rate for 2021 Assessment Roll is 86.50%
4. Chautauqua County ORPTS – Certificate of Satisfaction of 2021 Tax Warrant
5. Legal Notice – Public Hearing 6/23/21 6:35 PM as GOB – Modifications to Chautauqua County
Agricultural Districts
Mr. Chagnon said this is required every 10 years by NYS Farmland Protection Board. He said action would be taken by the legislature after the hearing.
6. Letter from Chuck Hutcheson 6/14/2021
Mr. Hutcheson’s letter and photos was concerning the amount of curly leaf pond weed. He also spoke in favor of a Lake District tax.
- OLD BUSINESS:
- SALE OF GRAVEL PIT PROPERTY SUBJECT TO PUBLIC REFERENDUM
Mrs. Thomas said she has not received any petitions on referendum pertaining to the sale of the gravel pit.
Mr. Robbins said there is no impediment to going forward with the contract with Timberland Reality and the offer of Mr. Berkholder.
- NEW BUSINESS:
- CHAUTAUQUA LAKE MEMORANDUM OF UNDERSTANDING (MOU)
Mr. Yates said he would like to open discussion with the board as to whether the town should sign on to this document.
Mrs. Ortman said she is in favor of this in respect for the intent of the document as a good faith sign of support for the County Executive in gathering a consensus of all towns and lake agencies involved in seeking unified solutions to lake issues.
Mr. Sena said he has read a great deal about this issue, and it appears that those involved who are not signing the agreement are doing so because lawsuits are not allowed. He said he feels we should do this based on good faith in the intent.
Mr. Senske said he feels we do not need a legally binding or non-legally binding document to do what we should be doing anyway. He feels there are legal risks involved in signing it and does not feel the good in it outweighs the bad.
Mr. Pfeil said he believes it is a non-binding resolution and he believes we should sign it in the spirit of cooperation.
Mr. Yates said after meeting with Mr. Wendell and the County Attorney he does not see anything wrong with signing onto the MOU and it appears that nothing is binding. He said he believes that all other towns and the CLP are signed on. He feels this document establishes a consensus that all are in favor of doing what is best for the health of the lake.
- MOTION # 80 OF 2021
MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN THE CHAUTAUQUA LAKE MEMORANDUM OF UNDERSTANDING (MOU) DATED 5/1/2021. MR. SENA SECONDED. YATES (YES); ORTMAN (YES); SENA (YES); SENSKE (NO); PFEIL (YES). THE MOTION WAS CARRIED.
- Jonathan Henck – Resignation from ZBA effective 6/1/2021
- Application received from Leah Stow for ZBA opening (advertise vacancy?)
Mrs. Thomas said she had published a notice on the Region Page of the PJ that this vacancy exists and requested letters of interest by Friday, 7/9/2021.
- Brandon VanCuren – Appoint as Alternate to Planning Board
Mr. Yates said this young man in very interested in the town and has been working with him on issues involving Ball Creek and the Lake with the DEC and Army Corps of Engineers. He said he would like to mentor him through the Planning Board as an alternate.
Mrs. Thomas asked if he would receive a stipend.
Mr. Sena said not unless he was called upon to replace an appointed member at a meeting.
- MOTION # 81 OF 2021
MRS. ORTMAN MOTIONED TO APPOINT BRANDON VANCUREN AS AN ALTERNATE ON THE PLANNING BOARD EFFECTIVE 6/14/2021. MR. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Andrew Post Appointed as Deputy Highway Superintendent by Highway Sup’t. eff. 6/10/2021 with hourly rate increase of $1/hr.
Mrs. Thomas asked if the board would be making a motion for the approval of the appointment of Mr. Post.
Mr. Yates said that appointment is entirely up to Mr. Strickland.
Mr. Robbins said it is customary to make that a motion as well as the wage increase as a part of the record.
Mr. Yates entertained a motion to appoint Andrew Post to the position of Deputy Highway Superintendent effective 6/10/21.
No Motion was offered by the board and the matter was dropped.
- EMPLOYEE HANDBOOK – HIGHWAY M.E.O. BEGINNING HOURLY RATE
- MOTION # 82 OF 2021
MR. PFEIL MOTIONED TO AMEND THE EMPLOYEE HANDBOOK AS FOLLOWS:
ARTICLE 6. HIGHWAY EMPLOYEES/ WAGE SCHEDULE
6.3 WAGES FOR NEW FULL TIME EMPLOYEES BEGINNING 1/1/19
New full-time employees to the highway department commencing 1/1/2019 or after shall start at $17 per hour…
Shall be amended to: New full-time employees to the highway department commencing 5/7/2021 or after shall start at $18 per hour…
MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 83 OF 2021
MR. SENA MOTIONED TO INCREASE THE HOURLY RATE OF ANDREW POST, DEPUTY HIGHWAY SUPERINTENDENT BY $1/HR AS OUTLINED IN ARTICLE 6.; SEC. 6.1 OF THE EMPLOYEE HANDBOOK. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Appoint Frank Stow to Cemetery Committee and authorize pursuit of funding for Patriot Sign at Maple Grove Cemetery
Mr. Yates said even though Mr. Stow is no longer a resident of the town, he has shown a great deal of interest in the history and maintenance of the towns’ cemeteries.
- MOTION # 84 OF 2021
MR. SENA MOTIONED TO APPOINT FRANK STOW AND MIKE PFEIL TO THE CEMETERY COMMITTEE; FURTHER, MR. STOW IS AUTHORIZED TO SEEK GRANT FUNDING FOR A
PATRIOT SIGN FOR MAPLE GROVE CEMETERY. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Discussion of Planning Board meeting – Solar and Weed Use
Mr. Yates said there will be many changes and discussions involved with the legalization of marijuana in NYS.
Mr. Sena said Ms. Johnson had outlined much of this at the Planning Board meeting. He said it is very complicated. He said he was disappointed that by NYS rules you can only opt out of 2 of the 17 categories.
Ms. Johnson said that is true. She said NYS is setting up two boards, an LCM and a CCV which will probably not be operational until next year. She said towns must decide if they will opt out by 12/31/2021. She said this means before you have all the information, you will have to decide. She said the only 2 categories you can opt out of are distribution and smoking lounges. The downside to opting out is access to funds from the 14% tax: NYS will get 9%; 1% to County; and 3% divided on the local level. If you opt out, you are not eligible for the tax funding. She said if you opt out, you do not have the option of regulating smoking lounges or a dispensary (i.e. location, etc.). She said if you do not opt out you have the right to put in regulations, but the state has the authority to review your regulations to see if they are too restrictive and they can negate them. Opting out must be done through permissive referendum.
Mrs. Thomas asked if you do not opt out can you create Zoning for that as we did with Adult Entertainment.
Mr. Robbins said if you opt out a Local Law and public hearing would be required and voted on and a permissive referendum would be needed.
Excerpt from NYS Office of Cannabis Management: Local Government Fact Sheet
If a municipality does not opt-out by December 31, 2021, the municipality will be unable to opt-out at a future date. However, a municipality may opt back in, to allow either, or both, adult-use retail dispensary or on-site consumption license types by repealing the local law which established the prohibition.
All local laws passed by municipalities opting out of allowing adult-use retail dispensaries or on-site consumption licenses are subject to a permissive referendum as outlined in section twenty-four of the Municipal Home Rule Law.
This creates a process allowing voters of the municipality to petition the outcome of a local law, which if successful, will trigger the question of
whether or not to approve the local law, to be placed on the ballot at the next general election of state or local government officials for the municipality.
Local Control and Preemption
Except for the opt-out provision described in the section above, all municipalities including counties, are preempted from adopting any law, rule, ordinance, regulation, or prohibition pertaining to the operation or licensure of adult-use, medical or cannabinoid hemp licenses.
However, towns, cities and villages are permitted to pass local laws and regulations governing the time, place and manner of adult-use retail dispensaries and on-site consumption licenses provided that the local law and regulations do not make the operation of the license unreasonably impracticable as determined by the Cannabis Control Board. For example, cities, towns, and villages are permitted to pass laws and regulations pertaining to local zoning and the location of licensees, hours of operations and adherence to local building codes. Municipalities may not issue local licenses to cannabis licensees.
Taxes
There is a local excise tax imposed on the sale of cannabis products from a retail dispensary to a cannabis consumer at 4 percent of the products price. This tax is distributed to local governments based on where the retail dispensary is located. 25 percent of the tax revenue goes to the county and 75 percent goes to the cities, town, or villages within the county as a proportion of cannabis sales. If a town and a village within
the town both allow adult-use sales, the revenue shall be distributed based on agreed upon distribution agreement between the town and village. If no such agreement exists, then the revenue distribution between the town and village will be divided evenly.
More details will be coming soon.
There was further general discussion, and all agreed there does not seem to be very much choice on this.
- MOTION # 85 OF 2021
MR. SENA MOTIONED TO DECLINE TO OPT OUT OF THE MARIJUANA REGULATION & TAXATION ACT (MRTA) AS TO DO SO WOULD RESTRICT THE TOWNS’ ABILITY TO EXERCISE SOME CONTROL ON LOCATION AND REGULATIONS. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- AMEND HIGHWAY BUDGET FOR CHIPS FUNDS RECEIVED
- MOTION # 86 OF 2021
MR. SENA MOTIONED TO AMEND THE 2021 BUDGET FOR CHIPS HIGHWAY FUND IN THE AMOUNT OF (AMOUNT NOT PROVIDED). MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the May 2021 Legislature meeting:
- We distributed mortgage taxes for the period of 10/1/2020-4/30/2021. The Town of North Harmony received $43,888.23, a 70% increase from the same period last year. (The Village of Bemus Point received $5,302.70, a 20% increase from the same period last year). The total of all towns, cities and villages increased 34%.
- We endorsed the 2021 Chautauqua Lake Memorandum of Understanding, to be executed by the County Executive on behalf of the County.
- We appointed Luz Torres Democratic Commissioner of Elections for the County of Chautauqua for the remainder of the 4-year term that commenced 1/1/2021 – 12/31/2024.
- Since the New York State Legislature has again extended the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, we extended the redemption date in the County’s annual tax foreclosure for 2020 to October 30, 2021.
ANNE GOLLEY, ASSESSOR
TOWN OF NORTH HARMONY
ASSESSOR’S REPORT June 2021
Grievance Day for the 2021 assessment roll was held on Wednesday, May 26, 2021, with the Board of Assessment Review. The Board of Assessment Review Hearings were scheduled by appointment only and took place via phone conference. All other property owners that presented a grievance form to the Assessor’s Office on or before May 26th that did not have a phone appointment were reviewed as a mail-in by the Board of Assessment Review.
As always, thank you for your continued support of the Assessor’s Office.
HOWARD PEACOCK, JUSTICE
COURT REPORT FOR THE MONTH OF MAY 2021
June 14, 2021, Board Meeting
$30,672.00 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 May 2021. We opened 315 new cases and closed 183 cases.
Respectfully Submitted,
Katie A Zimmer
Court Clerk
June 3, 2021
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Yates said Ms. Peterson on Magnolia Ave. wrote a letter thanking the highway for the very good job they had done on the ditching/drainage project.
Mr. Strickland said the highway has been busy blacktopping with Harmony and mowing. He said we would probably be blacktopping in November, but our county has the best group of towns and highway departments when it comes to shared service. They will be doing nova chip, oil, and stone in Ashville and on Stoneledge (10 miles of road).
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his written report for those present. He said he also has the Vidal Electric Application for their offices which will require a Special Permit and since it is over 5,000 sq. ft. in the Light Industrial District it will have to be heard by the Town Board (SEQR and Site Plan Review).
- PUBLIC HEARING AND SEQR ON SPECIAL PERMIT FOR VIDAL ELECTRIC
- MOTION # 87 OF 2021
MR. SENA MOTIONED TO HOLD A SEQR, SITE PLAN REVIEW AND PUBLIC HEARING ON A SPECIAL PERMIT REQUEST FROM VIDAL ELECTRIC LLC TO CONSTRUCT A NEW BUILDING IN EXCESS OF 5,000 SQ. FEET IN THE LIGHT INDUSTRIAL DISTRICT AT PROPERTY LOCATED AT 6344 STOW RD., SPECIFICALLY SEC. 331.00-1-13. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
JOHN STOW, DCO
Written report as follows:
We had one call this month for a dog running loose at Camp Chautauqua. While picking the dog up, friends of the owner spotted the dog, and it was returned. The dog was licensed in another state.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 88 OF 2021
MR. SENA MOTIONED TO ACCEPT THE 5/2021 REPORT OF THE TOWN CLERK AS PRESENTED. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)
- MOTION # 89 OF 2021
MR. SENA MOTIONED TO ACCEPT THE 5/2021 REPORT OF THE SUPERVISOR AS PRESENTED. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 90 OF 2021
MR. SENA MOTIONED TO AUTHORIZE PAYMENT OF THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $16,106.02
HIGHWAY FUND $ 18,478.82
SPECIAL DISTRICT $ 445.03
CAPITAL FUND $ 628.56
MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 91 OF 2021
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:45 PM.
Nancy Thomas
Town Clerk
