TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 07/12/2021, 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCILMAN PRESENT
MIKE PFEIL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
STEVE SENSKE, COUNCILMAN PRESENT
OTHERS PRESENT: Robin Miller, Bookkeeper; Stephanie Gibbs, Deputy Town Clerk; Kelly Johnson, Attorney; Brad Lawson, Zoning CEO; Howard Peacock, Justice; Pierre Chagnon, Legislator, Anne Golley, Assessor; Dan Strickland, Highway Superintendent; Jay Young, Chautauqua Lake Alliance; Helen & Clayton Emick; Leah Stow; Lynn & Pete Smith; Jeff & Kathy Jokl; Bill & Donna Bickel
- SEQR REVIEW:
- NYS-DEC Water Quality Improvement Program Grant (WQIP) BALL CREEK BANK STABILIZATION
Mr. Yates asked Mr. Young to speak on the Ball Creek stabilization project.
Mr. Young said the Ball Creek project is to primarily to focus on two areas of the stream bed 120 ft. across the road from the town building and another 320 ft. by Tri-James. The main goal is to stabilize a total of 440 ft. of bank to allow fish to move and reduce sediment outflow and nutrients to the lake. He feels it is a great project that can be achieved at no cost to the town.
Mr. Sena asked Mr. Yates if he could explain the $219,000 grant.
Mr. Yates said the town received a grant for $36,000. He said they are looking to do a total project of $219,000. He said he would like to use the $36,000 that we got from the Chautauqua Lake Watershed Management Alliance for our part of the $219,000.00.
SEQR Review Ball Creek Stabilization Project:
Mr. Yates said the Town has taken Lead Agency Status on the SEQR. He reviewed Part 1; Part 2 and Part 3 of the Short EAF for those present. He asked if there were any questions regarding the SEQR.
- MOTION # 100 OF 2021
MR. SENSKE MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ON THE EAF FOR THE BALL CREEK STABILIZATION PROJECT. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION/RESOLUTION # 101 OF 2021
MR. PFEIL MOTIONED TO ADOPT THE FOLLOWING RESOLUTION:
Authorization for the Town of North Harmony to Apply for New York State Department of Environmental Conservation Water Quality Improvement Program Grant for the Ball Creek Stabilization Project
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WHEREAS, Chautauqua Lake is an invaluable asset to Chautauqua County and the municipalities that border it including the Town of North Harmony, but has been designated as an impaired water body and its health and usability are threatened; and
WHEREAS, the Town of North Harmony (Town), the Chautauqua Lake and Watershed Management Alliance (Alliance), and the Chautauqua Watershed Conservancy (CWC) are partnering to complete streambank and channel grade stabilization along a problematic stretch of Ball Creek within the Town that will have a positive impact on the environmental health of Chautauqua Lake; and
WHEREAS, the 2021 Consolidated Funding Application includes New York State (NYS) Department of Environmental Conservation (DEC) Water Quality Improvement Program (WQIP) grant opportunities for water quality projects that require local matching funds as cash and/or in-kind service in the amount of at least 25% of the grant amount; and
WHEREAS, the total eligible project costs have been identified at $219,390.00 resulting in WQIP requested funding of $175,512.00, and local match needs of $43,878.00, and
WHEREAS, the Town has resolved to coordinate landowner access and donated construction service, along with subcontracted construction, engineering, and other professional services necessary to complete the project; and
WHEREAS, the necessary local match has been secured or is expected to be secured in time for the grant submission via a previously awarded local grant from the Alliance to the Town and additional cash match from the Alliance; therefore be it
RESOLVED, that the Town of North Harmony authorizes a grant submission to the WQIP grant program for the Ball Creek Stabilization Project, and if the grant is successful, that the Town Supervisor is authorized to execute the State Assistance Contract, submit project documentation, and act in all matters related to Project and state funding assistance.
MRS. ORTMAN SECONDED. SENA, YES; ORTMAN, YES; SENSKE, YES; PFEIL, YES; YATES, YES. NO (0). THE MOTION/RESOLUTION WAS CARRIED UNANIMOUSLY.
- MOTION # 102 OF 2021
MR. SENA MOTIONED TO AMEND THE BUDGET TO ADD THE CHECK RECEIVED FOR A GRANT IN THE AMOUNT OF $36,000 INTO THE STORM WATER MANAGEMENT ACOUNT A8740.4. MR. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MINUTES: TOWN BOARD MEETING 6/14/2021
7/12/2021 (Pg. 3)
MR. SENSKE MOTIONED TO ADOPT THE MINUTES OF THE TOWN BOARD MEETING HELD ON 6/14/2021 AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- TREE DOWN
Mr. Yates said there was a tree that went down on town property in the four corners of Ashville. Maple springs removed the tree out of goose creek. The tree had to come out right away before it caused flooding. The bill will be paid out of the highway department funds and the town is seeking funding for $3,000 for emergencies. Insurance would not pay it because it didn’t do any damage to the building and the DEC couldn’t help because they are not involved with the stream banks.
- SEWER UPDATE
Mr. Yates said they had their first construction meeting with Northrup. He said Northrup has a deal with Ben Gering at the Hadley Bay sight to use as a drag up area where they are going to put a trailer and store their materials. Mr. Yates said they have been asked to put up a sign notifying the public their purpose so there is not any confusion with the hotel.
- PHASE II SEWER EXTENSION
Mr. Chagnon saidafter evaluating and prioritizing the county determined the highest priority with extending public sewers was on the west side of Chautauqua Lake. He said Phase I is BOCES to the Hamlet of Stow and Phase II is from Tom’s Point to Prendergast Creek. He said Phase I is about to begin construction and is a reality and is going to happen. He said until Phase I was a reality they could not proceed with Phase II. The alliance staff is putting the application together for $10,000,000. If we get the funding Phase II will begin.
- PUBLIC COMMENT:
PETE SMITH – CHAUTAUQUA AVE.
Mr. Smith said he was hoping that the town had some interest in getting water in their community.
Mr. Yates said we are finishing up on the feasibility study and awaiting answers. He said there is talk about getting a water line through North Harmony to Chautauqua including the Institution and through Mayville and going around Dewittville. He said we are going to move forward with water. Mr. Yates said we didn’t do it at the same time because its another $20,000,000 and you can’t put water and sewer in the same ditch, and they must be 10ft apart so it would cause congestion on Route 394. He said he knows water is a concern and there is a lot of contaminated water in the town.
DONNA BICKEL – CHAUTAUQUA AVE.
Mrs. Bickel said she was here for the summer and would like to hear an update on the sewer.
Mr. Yates said he had a construction meeting and the first thing that must happen is getting the pump station built at BOCES. He said there is an existing sewer, but the pump station is critical. Mr. Yates said he is looking to hold a groundbreaking ceremony sometime in August. He said once the pump is in place, we can move forward. He said it was up to the construction company on how they schedule
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their work, and we don’t have that schedule yet. Mr. Yates suggested the South and Center Sewer Facebook page for updates and information.
JEFF JOKL – CHAUTAUQUA AVE
Mr. Jokl said thank you for the sewer project efforts and he supports the town getting water.
The following correspondence has been received by the Supervisor and is available for review:
- Assessor – property transfer May 2021 – A/V $1,385,800.00; S/P $1,761,300 (+375,500.00)
- NYS-ORPTS 6/15/21 – Certificate of Final Special Franchise Full Value – Total $4,508,242.00
- Beth & Jim Boyle – 6/9-10/21 letters re High Truck Traffic and Speeding in Stedman (CR33)
- Mary Jane Douglas 5/25/21 – letter re Maple Grove Cemetery
- Todd Button, Chaut. Co. Finance – Sales Tax Update – May-July Quarter to date is 50.93% greater than last year. Year to date is 23.67% greater than last year.
- OLD BUSINESS:
- APPOINTMENT TO ZONING BOARD OF APPEALS – LEAH STOW
- MOTION # 104 OF 2021
MR. SENA MOTIONED TO APPOINT LEAH STOW TO THE ZONING BOARD OF APPEALS EFFECTIVE 7/12/21 – 12/31/24. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- LAKE BEAUTIFICATION FUNDS
Mr. Yates said we had a meeting and the board decided to send a check in the amount of $7,500 to the CLA for their efforts in the town. He said we need to decide how we are going to spend the other $7,500. Mr. Yates said he suggests they split the funds in half and give half to the CLP and half to CWC. He said it would be a sign of good faith for both parties.
- MOTION # 105 OF 2021
MRS. OTMAN MOTIONED TO SPLIT THE $7,500 EQUALY BETWEEN THE CLP AND THE CWC. $3,750 GOING TO THE CLP WITH A NOTE THAT THE FUNDS BE USED FOR THE BOWLING GREENS STUDY SPECIFICALLY AND $3,750 GOING TO THE CWC. MR. YATES SECONDED. YES (2): SENA, ORTMAN. NO (2) YATES, SENSKE. ABSTAIN (1) PFEIL. THE MOTION WAS DENIED.
Mrs. Ortman said to her knowledge we have never given any money to the CWC.
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Mr. Sena said bowling green just put in many sensors, and they are spending their earned money on something that is very helpful and he believes the CWC is very well funded to begin with.
Mr. Sena said he would like to see the CLP get $5,000 specifically to be used for the bowling green studies and the CWC get $2,500.
Mr. Senske said the CLA has done a really good job and he recommends giving the CLA another $2,500 to make their total $10,000 for this year and give the CLP $2,500 and the other $2,500 to the CWC.
Mr. Yates said Mike Pfeil has recused himself from this decision at this time because he is a member of the CLA.
- MOTION # 106 OF 2021
MRS. SENSKE MOTIONED GIVE THE CLA AND ADITIONAL $2,500 AND GIVE $2,500 TO THE CLP SPECIFICALLY FOR BOWLING GREEN STUDIES AND $2,500 TO THE CWC. MR. YATES SECONDED. YES (3): ORTMAN, SENSKE, YATES. NO (1) SENA. ABSTAIN (1) PFEIL. THE MOTION WAS CARRIED.
Mr. Yates said he has been trying to come up with a resolution on how to help the people in the town with the lake. He said he was toying with the idea of looking for a grant to buy a harvester for the town. Mr. Yates said he talked to the insurance company, and they gave him a quote of about $1600.00 per year to insure a harvester. He said we have a place to take the weeds and the trucks and the manpower.
Mr. Strickland said the maintenance on a harvester is outrageous.
Mr. Yates said we need to do the research.
Mrs. Emick asked if we are putting down the idea of herbicides.
Mr. Yates said unless they are proven they are needed. He said prevention is key for the lake. Harvesting early in the past has been proven effective.
- NEW BUSINESS:
- SEQR AND PUBLIC HEARING ON PROPOSED LOCAL LAW #2-2021
MR. YATES MOTIONED TO SCHEDULE A SEQR AND PUBLIC HEARING ON MONDAY 8/9/2021 AT 6:45PM ON PROPOSED LOCAL LAW #2-2021 AMENDING THE ZONING ORDINANCE SEC 403 AREA STANDARDS IN THE AG DISTRICT TO INCREASE THE ACCESSORY USE MAXIMUM BUILDING HEIGHT FROM 18 FT. TO 24 FT. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0) THE MOTION WAS CARRIED.
2. AMENDMENTS 2021 BUDGET
MR. SENSKE MOTIONED TO PASS A RESOLUTION TO AMEND THE HIGHWAY BUDGET TO INCLUDE CHIPS FUNDS IN THE AMOUNT OF $116,072.00 INCREASING THE HIGHWAY BUDGET FROM $197,538.00 TO $313,610.00. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0) THE MOTION WAS CARRIED.
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MR. SENSKE MOTIONED TO PASS A RESOLUTION TO TRANSFER $500 FROM THE NEWSLETER FUND TO THE BAND FUND TO HAVE A BAND FOR THE DEDICATION CEREMONY HELD ON JULY 31, 2021. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0) THE MOTION WAS CARRIED.
MRS. ORTMAN MOTIONED TO AUTHORIZE THE TOWN SUPERVISOR TO SIGN THE DEED TO SELL THE GRAVEL PIT FOR $115,000 CONTIGENT ON THE TOWN CLERK SIGNING THE CERTIFICATION THAT THERE ARE NO PETITIONS ON REFERENDUM THAT HAVE BEEN FILED. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0) THE MOTION WAS CARRIED.
MR. SENA MOTIONED TO AUTHORIZE THE TOWN SUPERVISOR TO SIGN THE ASSESSORS CONTRACT WITH ANNE GOLLEY. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0) THE MOTION WAS CARRIED.
MR. SENSKE MOTIONED TO AUTHORIZE THE TOWN SUPERVISOR TO MAKE PAYMENT TO M&T BANK ON THE TOWN OFFICE BUILDING BAN AS FOLLOWS:
PRINCIPAL BALANCE: $640,000.00
PAYMENT DUE: $160,000.00
INTEREST PAYMENT: (AS SET WITH M&T)
MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0) THE MOTION WAS CARRIED.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the June 2021 Legislature meeting:
- We accepted increased NYS funding for capitol improvements to the county roads and bridges. We received increased CHIPS funds in the amount of $1,588,000, and Pave New York funds in the total of $595,000 and increased extreme weather recovery funds in the total of $951,000.
- A couple of years ago the county entered into an agreement with Enterprise to lease vehicles, the department of public utilities leased 16 vehicles and last month we rolled over 7 of the trucks we had for the last 2 years and the gain on a roll over of 7 trucks was $100,000. Enterprise can capitalize and because they are the largest company, they can get us a delivery on more pickup trucks. The county
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entered into an agreement to increase our existing fleet from 16 leased vehicles up to 54 leased vehicles.
- Sales tax revenue for the whole county through the end of June was up by 23.67% which is higher than last year. When we purchase on the internet, we get the sales tax.
ANNE GOLLEY, ASSESSOR
The 2021 final assessment roll is completed and submitted to Chautauqua County and the NYS Office of Real Property Tax Services.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
The shared service this year is insane. We got our surface treating and sealing done last week completing just shy of 11 miles. Our black topping has slowed down because they will not be making that product in the black top plant until the end of August.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report into the record:
COURT REPORT FOR MONTH OF JUNE 2021
July 12, 2021, Board Meeting
$42,949 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 June 2021. We opened 244 new cases and closed 310 cases.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson said it has been busy and reviewed his report for those present.
JOHN STOW, DCO
Mr. Yates read the following report into the record:
It was a busy month with a lot of phone calls. Most calls were taken care of without any action.
I received a phone call for two dogs found at Ashville Bay Marina. Upon arrival, one dog had been captured and contained. The other dog was still at large. I spotted the dog on my way out. After using my daughter’s burrito, snack sticks and $1.00 worth of slim Jim’s I was able to capture the dog with a catch pole. Both dogs were licensed to a Town of Busti resident.
The second phone call I received was a dog bite incident on Wall Street. After talking to both parties an agreement was made between them without any court proceedings. The owner will fence the dog and reimburse for any medical expenses.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas is out of town. Mrs. Gibbs said she had nothing further to add to the written report.
- MOTION # 113 OF 2021
MR. SENA MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
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ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)
- MOTION # 114 OF 2021
MR. SENA MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, YATES, PFEIL. NO (0). THE MOTION WAS CARRIED.
- MOTION # 115 OF 2021
MR. SENA MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $47,752.73. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 116 OF 2021
MR. SENA MOTIONED TO APPROVE THE HIGHWAY VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $16,241.14. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 117 OF 2021
MR. SENSKE MOTIONED TO TEMPORARILY ADJOURN FOR EXECUTIVE SESSION AT 8:35PM. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 118 OF 2021
MR. SENSKE MOTIONED TO REENTER THE REGULAR SCHEDULED MEETING AT 8:48PM. MRS. ORTMAN SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 119 OF 2021
ON A MOTION MADE BY MRS. ORTMAN, SECONDED BY MR. SENA, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:49 PM.
Deputy Town Clerk