TOWN OF NORTH HARMONY
PUBLIC HEARING BUDGET 2022
MONDAY 11/8/2021 6:00 PM
ROBERT YATES, SUPERVISOR PRESENT
LOUISE ORTMAN, COUNCIL (*VIA SPEAKER PHONE) PRESENT*
DICK SENA, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL , COUNCIL PRESENT
OTHERS PRESENT: Clayton & Helen Emick; Dan Thomas; Benny Karlson, Deputy Highway Sup’t.; Robin Miller, Bookkeeper; Dale Robbins, Attorney; Nancy Thomas, Town Clerk
- 6:00 PM PUBLIC HEARING – 2022 PRELIMINARY BUDGET
Mr. Yates brought the hearing to order at 6:10 PM with the Pledge.
Council, Louise Ortman is attending this hearing via speaker phone from Atlanta, GA. Governor Hochul has extended Legislation (S.50001/A.40001) until 1/15/2022 which allows virtual participation in public meetings under New York State’s Open Meetings Law during the COVID-19 Pandemic.
Mr. Yates said this budget has been worked on during several meetings and our rate this year will be $2.92/$1,000 (was $2.94 2021). He said the town is in very good standing for any emergency situation. He said the large raises being given out are due to below level previous salaries. He asked if there are any questions regarding the budget.
Mr. Emick asked who prepares the budget.
Mr. Yates said he and Mrs. Miller prepare it and then the board has work sessions to review and make changes.
Mr. Emick asked if the $25,000 set aside for Lake Maintenance gives any consideration to the amount of taxes received from lake residents.
Mr. Senske said that is just what the town has budgeted, and all the residents contribute through their taxes, not just lake front.
Mr. Sena said at the last work session several items had been cut and funds moved around. He said about 2 hours ago Mr. Yates had advised him that he had restored those cuts. He asked that Mr. Yates review what he had done so that discussion could be held. He said at the last meeting the board had agreed to some changes and those had been reversed without the boards input.
There was lengthy discussion that there was $20,000 added to Planning when only $5,000 had been discussed at the last meeting. Mr. Pfeil said he understood that was to come out of Snow Removal. Mrs. Miller said you can’t move funds from Highway to General Fund. Mr. Senske said he thought the $20,000 from Snow was to decrease the tax levy and at the end of the year any funds remaining in Snow would be put in a Highway Equipment Capital Reserve fund. He said his notes indicated that the funds for a Comprehensive Plan under Planning would come from Contingency that was added to the budget. Mr. Sena said $2,500 was taken from A1620.2 and $2,500 was taken from A1650.2 and put that into Planning. Mr. Yates said he had spoken to Mr. McCord during the work session, and he indicated a cost of $20,000 to complete a new comprehensive plan. Mr. Yates said instead of cutting snow removal the funds for that had been taken from tax revenue. Mrs. Thomas noted that until the budget is adopted money can be moved from the highway fund to the general fund. Mr. Yates agreed. Mr. Yates said the reason he does not want to remove funding from the snow removal account DS5142.4 is because those funds are being used as a contingency/maintenance fund for equipment. Mr. Karlson noted that those funds will be needed for
purchasing snow tires, sand, repairs and upgrades to equipment and inspections. He noted that Butts Road needs repair and cannot receive further CHIPS funding until 2025. He asked the board not to reduce any highway funding as it could be detrimental. Mr. Sena noted there have been many years of over budgeting for highway snow removal and there is proof that our snow totals are diminishing for the last 16 years. He felt the budget amounts vs actual amounts are bloated and we should be reducing the burden to the taxpayer. Mr. Senske said based on the discussions at the last work session it was understood by all the board members that snow removal could be reduced and some of those funds either used to reduce the taxes or placed in a capital reserve equipment fund. Mr. Karlson said there are some substantial repair costs that the highway is facing before the end of 2021.
There was lengthy discussion of the Comprehensive Plan in relation to the cost; scope and past expenditures. There was also discussion of the Planning Board and their inclusion in the process.
Following are the basic changes to the budget after the 11/1/21 work session:
- 2nd Clerk II Court position for Lori Holder change account # to A1110.1.4 at $4,000
- Planning Board Contractual A8020.4 change from $500 to $20,500.00 (Comprehensive Plan)
- DS5142.4 Snow Removal $20,000 removed was reinstated to $140,000
- A1620.2 and A1650.2 reduced by $2,500 each
- Registrar A4020.1.2 was removed and funds reinstated to A4020.1
- Clarification new account A1220.1.3 $8,500 to Bookkeeper for Payroll/Personnel Clerk
Mr. Senske said that his main concern is that changes were agreed upon at the last work session and then changed prior to this meeting without the board’s knowledge.
Mr. Pfeil said the main issues appear to be the changes to Snow DS5142 and Planning A8020 for the Comprehensive Plan.
Mr. Sena noted that there were also some changes made to the Revenues for a total increase of $24,002.00. He asked if there are more revenue opportunities.
Mrs. Miller said yes, she had increased the revenues when she increased the expenditures, but the warrant was not changed.
Mrs. Thomas asked why her request for $1,000 for the Registrar budget A4020.1 had been split into two accounts with $500 each. She said her request was based on the number of certified copies the office has issued this year.
Mr. Yates said Mrs. Thomas had always given Mrs. Gibbs cash for this and that is why they split it in the budget.
Mrs. Thomas said it is the Registrar’s account and as Registrar she has always given Mrs. Gibbs a portion of those funds as it was her decision to make.
The board agreed to restore the Registrar’s account and remove line item A4020.1.2.
Mrs. Thomas asked why the Supervisors account had added a new line item A1220.1.3 addition of $8,500 for Payroll/Personnel Clerk and who is it for. Mrs. Miller said it was for her. Mrs. Thomas asked why they didn’t just add it to her salary line A1220.1.2. Mrs. Miller said this was for new duties with the civil service and it was their recommendation. It was discussed that Mrs. Martin be given the A1220.1.4 line and Mrs. Miller A1220.1.3.
There was discussion of CHIPS funding and Mr. Sena noted there were changes from the last draft. Mr. Karlson said he had finalized CHIPS with NYS and with the rollover he is not sure of the numbers.
Mr. Sena the preliminary from last week had a figure of $312,165 and the current budget shows $215,892 and noted it is a substantial difference. Mr. Karlson said he just knows what was allocated this year; what was used; and what is left over, and beyond that he doesn’t know what the $215,892 represents.
Mr. Yates asked if there were any other questions regarding the budget.
- MOTION # OF 2021
MR. SENA MOTIONED TO ADJOURN THE 2022 BUDGET HEARING AT 7:04 PM. MR. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
Nancy Thomas
Town Clerk
TOWN OF NORTH HARMONY
PUBLIC HEARING LOCAL LAW # 4-2021
SIX MONTH EXTENSION ON SOLAR MORATORIUM
MONDAY 11/8/2021 6:45 PM
ROBERT YATES, SUPERVISOR PRESENT
LOUISE ORTMAN, COUNCIL (*VIA SPEAKER PHONE) PRESENT*
DICK SENA, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL , COUNCIL PRESENT
OTHERS PRESENT: Clayton & Helen Emick; Dan Thomas; Benny Karlson, Deputy Highway Sup’t.; Robin Miller, Bookkeeper; Dale Robbins, Attorney; ; Pierre Chagnon, Legislator; Brad Lawson, Zoning C.E.O.; Howard Peacock, Justice; Craig Phillips; Randy & Denise Feinen; Whitney Gleason, CWC; Nancy Thomas, Town Clerk
- 6:45 PM PUBLIC HEARING – LOCAL LAW #4-2021 SOLAR 6 MONTH EXTENSION ON MORATORIUM
- MOTION # 171 OF 2021
MR. SENSKE MOTIONED TO OPEN THE HEARING ON PROPOSED LOCAL LAW #4-2021 EXTENDING A TEMPORARY MORATORIUM ON SOLAR FARMS IN THE TOWN OF NORTH HARMONYAT 7:09 PM. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Yates read into the record the following proposed Local Law #4-2021:
TOWN OF NORTH HARMONY
LOCAL LAW #4 OF THE YEAR 2021
A LOCAL LAW EXTENDING A TEMPORARY MORATORIUM OF THE CONSTRUCTION, INSTALLATION AND/OR PERMITTING OF SOLAR FARMS IN THE TOWN OF NORTH HARMONY, COUNTY OF CHAUTAUQUA AND STATE OF NEW YORK AS FOLLOWS:
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NORTH HARMONY AS FOLLOWS:
SECTION 1. PURPOSE:
The purpose of this Local Law is to extend a prior moratorium that was adopted by the Town of North Harmony Board as Local Law No. 1. of 2021 to protect the health, safety and wellbeing of the Town residents and their property by establishing a moratorium on the construction, installation and/or permitting of solar farms in the Town of North Harmony for a period of six (6) months from the date of adoption in order for the Town of North Harmony to adopt regulations for the construction, installation, placement and permitting of solar farms in the Town of North Harmony. The moratorium is now set to expire on December 14, 2021.
The Town Board has undertaken a comprehensive review of the construction, installation and/or permitting of solar farms and has engaged the services of a professional consultant to aid the Town Board in its review and provide recommendations for possible amendments to town zoning laws. The Town Board has prepared
and introduced two proposed local laws to amend the Town of North Harmony Zoning Laws as adopted in 2014 and amendments thereto.
It is the Town Board’s desire to complete its review of the proposed local law in an appropriate and deliberate manner free from any race to diligence or timing concerns raised by the possible expiration of the moratorium. The moratorium is set to expire on or about December 14, 2021 and it is anticipated the Town Board may need additional time to complete this process, the related environmental review, and the required procedure for the adoption of a local law. Accordingly, the town board desires to extend the current moratorium for an additional six (6) month period.
SECTION 2. AMENDMENT OF ZONING LAW:
This moratorium shall be an amendment to the Town of North Harmony Zoning Law as adopted in 2014 and any amendments thereto.
SECTION 3. DEFINITIONS:
Solar Panel – a device capable of collection and converting solar energy into electrical energy.
Solar Energy Equipment – energy storage devices, materials, hardware or electrical equipment and conduit associated with the production of electrical energy.
Solar Farms/Solar Energy Systems – includes a combination of both solar panels and solar energy equipment.
SECTION 4. AMENDMENT OF ZONING LAW OF 2014.
The Town of North Harmony recognizes that solar farms create a significant impact on the community when they are established. The issues of impact upon neighbors’ quality of life, aesthetics and effect on future development in the Town of North Harmony may well be adversely impacted if these uses are not regulated to ensure the public health, safety and welfare. Therefore, the Town of North Harmony believes it is necessary to review the potential impacts of these land uses upon the Town and create regulations where the establishment of these uses would be beneficial to both the landowner and the community. The Town of North Harmony believes that an extension of a time period of six (6) months will be necessary to develop sensible regulations to minimize the impacts of these uses in the Town.
SECTION 5. MORATORIUM:
This Local Law shall provide for an additional six (6) month extension to the moratorium adopted by the Town of North Harmony Board as Local Law No. 1. of 2021 on the construction, installation and/or permitting of solar farms in the Town of North Harmony in order that the Town of North Harmony Zoning Law can be amended to establish regulations governing the use and placement of the solar panels/solar farms in the Town of North Harmony.
SECTION 6. EXCEPTION:
This moratorium shall not apply to any permits to install solar panels on a single family or two (2) family residence or outbuildings connected therewith in the Town of North Harmony.
SECTION 7. VARIANCE:
Nothing in this Local Law shall prohibit a landowner within the Town of North Harmony from applying to the Town of North Harmony Zoning Board of Appeals seeking a variance pursuant to the Town of North Harmony Zoning Law of 2014 and subsequent amendments thereto from the provisions of this Local Law.
SECTION 8. EFFECTIVE DATE:
This Local Law shall become effective immediately upon being filed in the office of the New York Secretary of State.
Discussion:
Mr. Sena noted that one of the main reasons for requesting the extension is so that further discussion on the issue of battery storage can be held.
Mr. Yates asked if there were any questions regarding the proposed local law.
- MOTION # 172 OF 2021
MR. SENA MOTIONED TO ADOPT PROPOSED LOCAL LAW #4-2021 EXTENDING A TEMPORARY MORATORIUM ON THE CONSTRUCTION, INSTALLATION AND/OR PERMITTING OF SOLAR FARMS IN THE TOWN OF NORTH HARMONY. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 173 OF 2021
MR. SENA MOTIONED TO ADJOURN THE PUBLIC HEARING ON LOCAL LAW #4-2021 AT 7:16 PM. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
Nancy Thomas
Town Clerk
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 11/8/2021 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
LOUISE ORTMAN, COUNCIL (*VIA SPEAKER PHONE) PRESENT*
DICK SENA, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL , COUNCIL PRESENT
OTHERS PRESENT: Clayton & Helen Emick; Dan Thomas; Benny Karlson, Deputy Highway Sup’t.; Robin Miller, Bookkeeper; Dale Robbins, Attorney; ; Pierre Chagnon, Legislator; Brad Lawson, Zoning C.E.O.; Howard Peacock, Justice; Craig Phillips; Randy & Denise Feinen; Whitney Gleason, CWC; Nancy Thomas, Town Clerk
- MINUTES 10/12/21; 10/20/21 (WORK SESSION)
- MOTION # 174 OF 2021
MRS. ORTMAN MOTIONED TO ADOPT THE MINUTES OF THE 10/12/21 BOARD MEETING AND 10/20/21 WORK SESSION AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- ANNOUNCEMENTS:
- PUBLIC COMMENT:
- Whitney Gleason, Chautauqua Watershed Conservancy (CWC) – Brief Presentation of Chautauqua County Stormwater Toolkit
Ms. Gleason said the CWC has worked with the County to create the Stormwater Toolkit. She said they recognize that development will happen throughout the county and they are looking to assure that it is done correctly to protect the waterways. She said the next iteration of this will be an insert that gives more specific details. She said it is a simple guide for developers and code enforcement to follow in this effort. She said the form asks questions which determine whether or not you need a permit. If a permit is needed, contact information is provided on the last page and the steps to obtain that. The rest of the pages describe what wetlands are; Chautauqua Lake and tributary streams; floodplains; soil erosion and sediment control; examples of best management practices and what they should look like. She thanked the board for their time.
Mr. Yates said he and Whitney have reviewed Ball Creek and discussed what needs to happen in the future. He said with their help, the CLWMA, and EcoStrategies, we have completed a bank stabilization project on Ball Creek at Rt. 394 to reduce the amount of silt going into the lake. Mr. Yates and Ms. Gleason agreed a lot can be done if entities work together.
- CORRESPONDENCE:
The following correspondence has been received by the Supervisor and is available for review:
1. Chautauqua County Undersheriff Richard Telford 10/21/21 – Contract for 2022 Court Security at $33.82/HR – not to exceed $8,000 – (increase of $1.02/HR from 2021)
2. Todd Button – Chaut. Co. Sales Tax Update 10/13/21 – August-October qtr. Is 13.67% greater than last year – YTD is 20.57% greater than last year
3. NYS Dept. of Public Service – Survey on Internet Access & Broadband Service www.empirestatebroadband.com
Mrs. Thomas said that NYS is planning to spend a great deal of funds on infrastructure and one of the major areas is broadband access. This is an effort to bring connectivity to rural areas and others who do not have adequate access. She said this link has been placed on our bulletin board and on our website and encouraged everyone to respond to the survey. She said it is extremely important that individuals respond so we can get service buildouts in our area.
4. Assessor – September, 2021 Property Transfers – A/V $374,000; S/P $680,000.00 (+$306,000.00)
- OLD BUSINESS:
- LOCAL LAW #3- 2021 CANNABIS OPT OUT OR IN?
TOWN OF NORTH HARMONY LOCAL LAW #3 OF THE YEAR 2021
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NORTH HARMONY AS FOLLOWS:
SECTION 1. TITLE: The title of this Local Law shall be a Local Law to Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under Cannabis Law Article 4.
SECTION 2. LEGISLATIVE INTENT: It is the intent of this Local Law to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of North Harmony that would otherwise be allowed under Cannabis Law Article 4.
SECTION 3. AUTHORITY: This Local Law is adopted pursuant to Cannabis Law Section 131 which expressly authorizes the Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law Section 24.
SECTION 4. LOCAL OPT-OUT: The Town Board of the Town of North Harmony hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated withing the Town’s jurisdiction.
SECTION 5. SEVERABILITY: If any clause, sentence, paragraph, subdivision or part of this Local Law or the application thereof to any person, firm, corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its
application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgement or order shall be rendered.
SECTION 6. PERMISSIVE REFERENDUM/REFERENDUM ON PETITION: This Local Law is subject to a referendum on petition in accordance with Cannabis Law Section 131 and the procedure outlined in Municipal Home Rule Law Section 24.
SECTION 7. EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State.
Discussion:
Mr. Yates said he is not as concerned about dispensaries, but does not agree with smoking it in the town. He does not want to be prejudiced about any new business in the town and feels alcohol is much more damaging to society than marijuana. He said he is concerned with the social justice aspect of the law and that preference is being given to felons to own/operate these businesses.
Mrs. Ortman expressed concern about lack of information on implementation of the law.
Mr. Pfeil said he is not against dispensaries but does have concern about onsite consumption. He said the State is under no obligation to accept recommendations by the individual towns in the permitting process.
Mr. Sena said he agrees with Mrs. Ortman and Mr. Pfeil.
- RESOLUTION # 175 OF 2021
RESOLUTION BY: MR. SENSKE
2ND BY: MR. PFEIL
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF NORTH HARMONY TO ADOPT LOCAL LAW #3-2021 ENTITLED A LOCAL LAW TO OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES AS AUTHORIZED UNDER CANNABIS LAW ARTICLE 4. AND SUBJECT TO PERMISSIVE REFERENDUM. A ROLL CALL VOTE WAS TAKEN BY THE TOWN CLERK OF THE FULL FIVE VOTING MEMBERS PRESENT:
Robert Yates, Supervisor Yes
Richard Sena, Council Yes
Mike Pfeil, Council Yes
Steve Senske, Council Yes
Louise Ortman, Council Yes
THE RESOLUTION WAS ADOPTED UNANIMOUSLY.
- NYS-LRS – Resolution on ROA for Various Elected/Appointed Employees
Mr. Yates said records of activity for the NYS-LRS have been received from Katie Zimmer and Nancy Thomas.
Mr. Senske asked how he can verify someone’s hours when he was not there. He said all he can do is take their word for it.
Mr. Robbins said the board has to take action (to the best of their knowledge) on the ROA otherwise they are not entitled to retirement benefits. He said you can make enquiries of the employees but he said he would expect there would be no reason to deny that.
- RESOLUTION # 176 OF 2021
RESOLUTION BY: MR. SENA
2ND BY: MR. SENSKE
RESOLVED THAT THE TOWN OF NORTH HARMONY TOWN BOARD HEREBY ADOPTS THE NYS-LRS RECORD OF ACTIVITIES RESOLUTION OF KATIE ZIMMER, COURT CLERK AS APENDED TO THESE MINUTES. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- RESOLUTION # 177 OF 2021
RESOLUTION BY: MR. SENA
2ND BY: MR. SENSKE
RESOLVED THAT THE TOWN OF NORTH HARMONY TOWN BOARD HEREBY ADOPTS THE NYS-LRS RECORD OF ACTIVITIES RESOLUTION OF NANCY THOMAS, TOWN CLERK AS APENDED TO THESE MINUTES.
Discussion:
Mrs. Ortman said she has some reservations about Mrs. Thomas ROA based on some of the hours she works at home. She said she has no way of verifying those hours occurred. She said she assumes that when an employee is in their office that they are professionals and the work is done. She said particularly when the hours are on Wednesday’s and Saturday’s. She said she told Mrs. Thomas earlier today that she had no way of affirming that, but she shouldn’t take that personally.
Mr. Thomas said he can verify that those hours are worked because he has listened to the board meetings on tape repeatedly as she works. He assured the board that she spends a considerable amount of time at home transcribing minutes of the assorted meetings attended.
Mr. Yates said Mrs. Thomas was not in jeopardy of losing her retirement. He said if the board does not accept the ROA it will go to the Integrity Board and they will ask Mrs. Thomas to do another one which will be reviewed only by them.
Mrs. Thomas said she had already submitted her ROA to the Pension Integrity Board and after review they have approved it for the 24.81 hours submitted.
Mr. Sena said it is clear that Wednesday’s on the ROA indicates working on minutes of meetings.
Mrs. Thomas said during her office hours there is not a lot of time to devote to minutes without interruption. She said she has been doing minutes from home for over 16 years as they require a great deal of concentration.
YES (5): SENA, SENSKE, PFEIL, YATES. ABSTAIN (1): ORTMAN. THE MOTION WAS CARRIED UNANIMOUSLY.
- Highway M.E.O. Ryan Hinsdale resignation effective 9/27/2021
Mr. Yates said a brief letter of resignation had been received from Highway M.E.O. Ryan Hinsdale on 9/27/2021 and is legal.
- New hire Highway M.E.O. John Mayr
Mr. Yates said Mr. Mayr has been managing about 22 trucks as a mechanic and is a local resident.
Mr. Robbins suggested that the appointment be confirmed.
- MOTION # 178 OF 2021
MR. SENA MOTIONED TO CONFIRM THE APPOINTMENT OF JOHN MAYR TO THE POSITION OF PROBATIONARY M.E.O. BASED ON THE RECOMMENDATION OF THE DEPUTY HIGHWAY SUPERINTENDENT EFFECTIVE 10/29/21 AT AN HOURLY RATE OF $18/HR OT RATE $27/HR. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- NEW BUSINESS:
- Board of Assessment Review – Re-appointment of Craig Sundlov effective 10/1/2021 – 9/30/2026)
- MOTION # 179 OF 2021
MR. SENA MOTIONED TO RE-APPOINT CRAIG SUNDLOV TO THE BOARD OF ASSESSMENT REVIEW EFFECTIVE 10/1/21-9/30/26. MR. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- Set SEQR & Public Hearing Date for Local Law – Solar Energy Systems & Battery Energy Storage Law?
Mr. Yates said we are still waiting for further information from the Planning Board before a hearing can be set for this.
- CHAUTAUQUA COUNTY INSURANCE – DENNIS BROOKS
Mr. Yates said at the recommendation of Mr. Brooks the town need to adopt a policy regarding a pre-screening physical on all Highway M.E.O.’s based on previous history. He said that is for the towns protection and it is pretty standard. He said those physicals would cost about $300 each, but you can be reimbursed by the County for $95 and $30 on the hearing test.
Mr. Robbins said he has no issue with that.
There was discussion that M.E.O.’s are randomly tested for drugs.
- MOTION # 180 OF 2021
MR. PFEIL MOTIONED TO ADOPT A POLICY REQUIRING THAT ALL PROSPECTIVE M.E.O.’S HAVE A PRE-SCREENING PHYSICAL AT THE EXPENSE OF THE TOWN FOR INSURANCE PURPOSES. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- BAN PAYMENT – BOCES ROAD PUSH (due 11/19/21 Principal $42,888.75) – RENEW BAN $31,200.40
Principal : $ 42,288.75
TOTAL PRINCIPAL PAYMENT: $ 11,088.35
Unexpended Fund Balance- $ 0
INTEREST PAYMENT: 4.52% $ 1,911.65
TOTAL BALANCE to be PAID BY TONH ( $ 13,000.00 )
BAN RENEWABLE : 11/19/2021 $ 31,200.40
- MOTION # 181 OF 2021
MR. SENA MOTIONED TO AUTHORIZE PAYMENT ON THE BOCES ROAD PUSH BAN DUE ON 11/19/2021 AS FOLLOWS:
Principal : $ 42,288.75
TOTAL PRINCIPAL PAYMENT: $ 11,088.35
Unexpended Fund Balance- $ 0
INTEREST PAYMENT: 4.52% $ 1,911.65
TOTAL PAYMENT: ($13,000.00)
FURTHER, THE SUPERVISOR IS AUTHORIZED TO SIGN ALL DOCUMENTS TO RENEW THE BAN IN THE AMOUNT OF $31,200.40 WITH M&T BANK AT AN INTEREST RATE OF 4.52% FOR 2022. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- TRANSFER STATION – CHRISTMAS FALLS ON SATURDAY AND STATION WILL BE CLOSED – Per Beichner Alternate date will be Friday 12/24/21 9AM-3PM
Mr. Pfeil suggested that signs be present at the Transfer Station 2 weeks prior to Christmas advising users that the transfer station will be closed on Christmas day but open on 12/24/21 from 9 AM-3 PM.
- REQUEST FOR BIDS FOR OPERATION OF TRANSFER STATION 2022
Mr. Yates said there is an issue with the roll offs at the transfer station and water. He said we are looking at getting them moved and gravel or stone placed to mitigate mud in front of the roll offs for recyclables.
Mr. Karlson said the Highway will try to do something to get them out of the mud.
- MOTION # 182 OF 2021
MR. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO REQUEST BIDS FOR THE OPERATION OF THE TOWN OF NORTH HARMONY TRANSFER STATION FOR 2022 (WITH AN OPTIONAL 2 YEAR EXTENSION). MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- ADOPT TOWN OF NORTH HARMONY BUDGET 2022
- MOTION # 183 OF 2021
MR. YATES MOTIONED TO ADOPT THE PRELIMINARY BUDGET FOR 2022 AS PRESENTED 11/8/2021. MRS. ORTMAN SECONDED. A ROLL CALL VOTE WAS TAKEN:
Robert Yates Yes
Dick Sena No
Mike Pfeil Yes
Steve Senske Yes
Louise Ortman Yes
THE MOTION WAS CARRIED.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the October 2021 Legislature meeting.
- We received an award presentation from the CEO of Three+one for the 3rd year of receiving a cashVest score of greater than 90% for all four quarters. Three+one provides liquidity analysis and management services resulting in higher interest earnings and lower bank fees to thousands of municipalities nationwide. In 2021 Chautauqua County was the first municipality ever to achieve a score of 100%! The County had 100% of available funds earning interest with investments and savings well aligned to liquidity levels and earned an effective interest rate of 0.96% which far exceeded the benchmark 30-day Treasury Index of 0.03%.
- We reestablished the County Sewer Agency for review and recommendation to the County Legislature of the proposed Phase 2 extension of the South & Center Chautauqua Lake Sewer Districts from Stow to Prendergast Creek.
- We approved and appropriated funding to the first 13 of the 43 projects in the approved plan for the American Rescue Plan Act.
- We amended the County Executive’s tentative 2022 Budget and adopted the 2022 Budget which reflects a reduction in the Full Value Tax Rate from $8.51 to $8.10 per thousand, a 4.7% reduction. Coupled with the tax levy decrease of $271K, these are historic reductions that are still relatively conservative given our concern for the still tenuous state of the economy.
- We adopted two motions calling on all elected officials of the State of New York and the United States Government to exercise their legislative and executive powers within the bounds of their constitutional authority and calling on elected officials of the State of New York to consider alternatives to vaccination mandates for healthcare workers.
Mr. Pfeil asked what the tax rate for Community Colleges would be for 2022.
Mr. Chagnon said he doesn’t know exactly, but it will be essentially the same as 2021.
ANNE GOLLEY, ASSESSOR
ASSESSOR’S REPORT
November 2021
In November the office has sent out the 2022 exemption renewals to the property owners. They will need to reapply by March 1, 2022.
The office has been reviewing building permits and doing fieldwork for the 2022 Assessment Roll.
The 2021 assessment roll will be forwarded this month to the County office for calculation of tax rates for Town and County tax bills.
Thank you for your continued support of the Assessor’s Office. Have a wonderful Thanksgiving!
HOWARD PEACOCK, JUSTICE
Mr. Peacock said the Court Clerk is ill and there is no report for the month of October 2021.
BENJAMIN KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Karlson said Stephen Pihl is approaching the end of his 6-month probation. He said he has performed an evaluation and based on that he recommends that he be given permanent status effective 12/7/2021.
- MOTION # 184 OF 2021
MR. SENA MOTIONED TO APPOINT STEPHEN PIHL AS A PERMANENT M.E.O. BASED ON THE EVALUATION AND RECOMMENDATION OF THE DEPUTY HIGHWAY SUPERINTENDENT EFFECTIVE 12/7/2021 AT A RATE OF $19/HR (OT/$27.50). MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 185 OF 2021
MR. SENSKE MOTIONED TO AUTHORIZE AN HOURLY RATE INCREASE FOR HIGHWAY M.E.O. TED PUGH AS RECOMMENDED BY THE DEPUTY HIGHWAY SUPERINTENDENT EFFECTIVE 11/1/2021 OF $23.97/HR (OT/$35.96). MR. YATES SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
Mr. Karlson said one of the M.E.O.’s was injured on the job last week. He said he has seen the doctor twice and has a follow-up visit on 11/19/21, at which time we should know more about his condition. He said he has hired a new M.E.O. who will begin his probationary period on 11/16/21. He said he had attended and online training session on salt that was very exciting and highlighted a lot of new technology and innovations to prevent salt in the lake. He said the highway is ready for snow and the backup truck is in the shop for repair and truck #2 needs a new engine. He said the main fleet is ready. There was discussion of getting a one-ton truck with blade for doing the lake and bay roads.
Mrs. Thomas asked Mr. Karlson if he will be plowing the circle at the end of Old Bridge Road.
Mr. Karlson said it had not been discussed and there are issues with the plow blades catching on the torn-up areas.
Mrs. Thomas said it is a town road and should be fixed.
Mr. Yates asked what the purpose of that would be since there are only 2 houses on it and they both have driveways.
Mrs. Thomas said Mrs. Gibbs lives there and access is needed for the school bus.
Mr. Yates it would be discussed further.
Mr. Peacock noted that the bus driver prefers to use the turnaround when it is plowed for ease and safety reasons.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his report for those present. He noted that we are currently pushing $7,000,000 in new construction valuation. He noted that the ZBA will not have a meeting in November as there are no cases and will hold their hearing for December on 12/15/21.
JOHN STOW, DCO
Mr. Stow’s report is as follows:
I had one call for a complaint about possible animal cruelty this month. The caller was directed to the CCSD for investigation.
The dog bite incident from this summer has been resolved. Both parties are happy. The dogs are tied up every day when outside, and the victim’s medical bills were reimbursed.
I spent some time speaking with Ag and Markets this month. After reading the laws several times and speaking with her, I am confident we can enact our own law pertaining to dogs habitually impeding the safety and flow of traffic, while still maintaining our original leash law in certain zones of the town, but not others.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she has nothing further to add to her written report.
ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)
Mr. Yates said he had nothing further to add to his written report.
- MOTION # 186 OF 2021
MR. SENSKE MOTIONED TO ACCEPT THE REPORTS OF THE TOWN CLERK AND SUPERVISOR AS PRESENTED. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 187 OF 2021
MR. SENA MOTIONED TO APPROVE THE FOLLOWING VOUCHERS FOR PAYMENT AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $29,028.27
HIGHWAY FUND $28,575.89
SPECIAL DISTRICT $ 473.01
MR. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
- MOTION # 188 OF 2021
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 8:37PM.
Nancy Thomas
Town Clerk
