TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 1/10/2022, 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
DICK SENA, COUNCIL PRESENT
MIKE PFEIL, COUNCIL (VIA PHONE)
STEVE SENSKE, COUNCIL PRESENT
OTHERS PRESENT: Pierre Chagnon, Legislator; Dale Robbins, Attorney; Howard Peacock, Justice; Benny Karlson, Deputy Highway Sup’t.; Robin Miller, Bookkeeper; Jonathan Henck; Dan Thomas, Historian; Brad Lawson, Zoning C.E.O.; Nancy Thomas, Town Clerk
- PLEDGE & MOMENT OF SILENCE
- MINUTES: 12/13/21 & 12/20/21
- MOTION # 1-2022
MR. SENSKE MOTIONED TO ADOPT THE MINUTES OF THE 12/13/21 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.
- MOTION # 2-2022
MR. SENA MOTIONED TO ADOPT THE MINUTES OF THE 12/20/21 YEAR END BOARD MEETING AS PRESENTED BY THE CLERK. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
*Mr. Lawson gave his report which follows under REPORTS below.
- 2022 ORGANIZATIONAL MEETING (copy in Minute Book)
Mr. Yates said that everyone had been provided a copy of the 2022 Organizational Chart Salaries and Appointments. He asked if it was necessary to read it and said anyone present was welcome to a copy.
Mrs. Thomas said the Chart will be appended to the minutes.
Mr. Robbins said the board could make one resolution to adopt the document.
- MOTION # 3-2022
MRS. ORTMAN MOTIONED TO ADOPT AND ENTER INTO THE TOWN RECORDS THE DOCUMENT 2022 ORGANIZATIONAL CHART SALARIES AND APPOINTMENTS. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Sena noted that Assessor Anne Golley’s term (contract) expires 6/2022.
Mr. Yates said it is a yearly appointment and will expire or be renewed in June 2022. It was discussed that her appointment with Ellery is for 6 years.
Mr. Karlson noted that there is a line for $200 petty cash for the Highway Superintendent in the schedule. He said he does not know where those funds are and has not seen them since he took over. He requested that be put in the record.
Mr. Yates asked that it be included in the record that those funds of $200 had not been transferred to Mr. Karlson on his appointment.
- ANNOUNCEMENTS:
- PUBLIC COMMENT:
- CORRESPONDENCE:
1. Chautauqua Co. DPF – Landfill – Tipping fees $30/ton for 2022 ($29.50 for 2021)
2. CHAUTAUQUA CO. REAL PROPERTY TAX SERVICES – 2022 Tax Warrant Received
Special Districts $317,873.41
Highway $473,000.00
General Fund $331,631.00
Total to Supervisor $1,122,504.41
Total to Chaut. Co. $2,695,785.09
TOTAL WARRANT $3,818,289.50
Mrs. Thomas noted that $617,208.70 has been collected in 3 days.
3. Assessor – November Property Transfers – Assessed Value $2,438,800.00; Sale Price
$3,271,000.00 (+$832,200.00)
4. Chautauqua County Department of Finance – Report of all monies paid by County to the Supervisor in 2021 – Grand Total is $856,178.80
- OLD BUSINESS
- TRANSFER STATION – BEICHNER
Mr. Yates said we have not received a contract from Beichner since the last meeting with them in December 2021.
- ASHVILLE BAY – WATER
Mr. Yates said Ashville Bay is a formed Water District already. He said on the recommendation of the BPU he had sent out a brief survey to 56 residents there and has received over 30 responses: In Favor (26); Not in Favor (6) (of those, 3 are already hooked up and 3 have just installed new wells). He said the next step will be to wait for more surveys to come in and possibly discuss hiring an engineering firm to provide a quote for the main line into Ashville Bay. He said he was comfortable waiting a month or two to see further survey responses. He said he has discussed with Mr. Robbins what this will take and has spoken with Eric Weise about it.
Mr. Robbins said before you move forward you need to have an idea of what you will be doing. He said the first step is to provide an outline of what you want the engineer to accomplish. He said also the history of what is there needs to be determined. He said Doreen is in the process of reviewing files from our previous attorney to gather that information. He said the town should also include the residents in the area in
the process and summer would be a good time for that. He said once the engineer has provided a general schematic plan the town could decide whether to proceed or not.
Mrs. Ortman asked if people would be obligated to hook up to water and pay even if they already are satisfied with their wells.
Mr. Robbins said that would be a decision for the board as to whether those who do not hook up have to contribute. He said generally it is done ad valorem and everybody pays; in other instances, it is done part ad valorem, part user charge; it can also be done on a user charge basis.
Mr. Yates said whether you hook up or not the cost will be imbedded into the district tax.
Mr. Robbins the benefit is its effect on the property value.
Mr. Yates said we should wait until we get more survey information and then schedule a general meeting during the season when more homeowners are in residence. Mr. Yates said Clark, Patterson, Lee (CPL) are finishing up some work for the town now and he said it would be to our advantage to continue to use them in the early phase of the project into Ashville Bay.
Mr. Robbins said Mr. Yates might want to ask CPL for a cost proposal now.
Mr. Sena said it would have to be put out to bid and said that Mike Sarr, Jamestown’s Engineer had indicated he would be available to assist.
- MOTION FOR APPROVAL AND PAYMENT OF 2021 YEAR END BILLS (GF, HWY, CAPITAL) + AMOUNTS
- MOTION # 4-2022
MR. SENA MOTIONED TO APPROVE 2021 YEAR END VOUCHERS AS AUDITED AND REVIEWED AS FOLLOWS:
GENERAL FUND $33,516.12
HIGHWAY FUND $77,582.21
MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- 2021 YEAR END FUND TRANSFERS
Mrs. Miller said she did not have those figures yet. She said she would provide them by email before the February meeting.
- NEW BUSINESS:
ADOPT TOWN BOARD MEETING DATES FOR 2022:
1/10/22; 2/14/22; 3/14/22; 4/11/22; 5/9/22; 6/13/22; 7/11/22; 8/8/22; 9/12/22; 10/10/22; 11/14/22; 12/12/22
Mrs. Thomas said all the meeting dates provided are the second Monday of the month.
- MOTION # 5-2022
MR. SENSKE MOTIONED TO ADOPT THE FOLLOWING 2022 MONTHLY BOARD MEETING DATES AS FOLLOWS: 1/10/22; 2/14/22; 3/14/22; 4/11/22; 5/9/22; 6/13/22; 7/11/22; 8/8/22; 9/12/22; 10/10/22; 11/14/22; 12/12/22. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- RE-APPOINTMENTS:
Jim Levesque Chairman. Zoning Board of Appeals (1/1/22-12/31/28)
James Goodling Planning Board (1/1/22-12/31/28)
Brandon VanCuran Planning Board Alternate (1/1/22-12/31/22)
Robbins & Johnson, P.C. Attorney’s for Town (1/1/22-12/31/22
These appointments are included in the DOCUMENT 2022 ORGANIZATIONAL CHART SALARIES AND APPOINTMENTS adopted in Motion #3-2022 previously.
- AUTHORIZE SUPERVISOR TO SIGN COURT SECURITY AGREEMENT FOR 2022 WITH SHERIFF’S DEPT. (not to exceed $8,000)
Mr. Yates said he has received the contract from the Sheriff at an hourly rate of $33.82.
- MOTION # 6-2022
MR. SENSKE MOTIONED TO AUTHORIZE THE SUPERVISOR TO EXECUTE THE 2022 CONTRACT WITH THE CHAUTAUQUA COUNTY SHERIFF FOR COURT SECURITY AT A RATE OF $33.82/HR (NOT TO EXCEED $8,000.00). MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- REVIEW / REAFFIRM: PROCUREMENT POLICY / EMPLOYEE HANDBOOK / (includes Violence in the Workplace and Code of Ethics)
Mr. Yates said we need to schedule a meeting to discuss the Employee Handbook which has not been updated since 2019.
Mrs. Ortman said Mrs. Miller has highlighted some items in the handbook that need review. She suggested that Mrs. Miller provide those at the February meeting and that in the interim the board review the current handbook to see if there are areas they would address. A meeting should be scheduled following in February to discuss those areas.
Mrs. Thomas said these reaffirmations are a matter of formality and do not prohibit any changes going forward into 2022.
- MOTION # 7-2022
MRS. ORTMAN MOTIONED TO REAFFIRM THE CURRENT PROCUREMENT POLICY / EMPLOYEE HANDBOOK / (includes Violence in the Workplace and Code of Ethics). MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- SEXUAL HARRASSMENT TRAINING
Mrs. Miller said the following employees have completed their training: Robin Miller; Robert Yates; Louise Ortman; Benny Karlson; John Meyr; Ted Pugh; Austin Davis; Stephen Pihl; Andy Post; Kelly Johnson; Dale Robbins; Steve Senske; Dick Sena.
- AUTHORIZE HIGHWAY SUPERINTENDENT TO:
Post Roads
Bid for Materials – County & State
Attend Highway School
- MOTION # 8-2022
MR. SENA MOTIONED TO AUTHORIZE THE ACTING HIGHWAY SUPERINTENDENT TO:
Post Roads
Bid for Materials – County & State
Attend Highway School
MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- AUTHORIZE SUPERVISOR / BOARD TO:
Sign Agreement to spend highway funds
Renew the Shared Service Contract with Chautauqua County
Sign Contract with Ellery for Assessor Services
Authorize all other Officials to attend meetings and school as budgeted
- MOTION # 9-2022
MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR / BOARD TO:
SIGN THE AGREEMENT TO SPEND HIGHWAY FUNDS. MR. SENSKE SECONDED.
YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 10-2022
MR. SENSKE MOTIONED TO AUTHORIZE THE SUPERVISOR / BOARD TO RENEW THE SHARED SERVICE CONTRACT WITH CHAUTAUQUA COUNTY. MR. SENA SECONDED.
YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 11-2022
MR. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR / BOARD TO SIGN THE CONTRACT WITH ELLERY FOR ASSESSOR SERVICES. MRS. ORTMAN SECONDED.
YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 12-2022
MR. SENA MOTIONED TO AUTHORIZE ALL OTHER OFFICIALS TO ATTEND MEETINGS AND SCHOOL AS BUDGETED. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- REQUEST FOR EXTENSION TO FILE 2021 ANNUAL UPDATE DOCUMENT WITH COMPTROLLER
- MOTION # 13-2022
MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR TO SIGN A LETTER REQUESTING AN EXTENSION TO FILE THE ANNUAL UPDATE DOCUMENT FOR 2021 WITH THE NYS COMPTROLLER. MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- AUDIT OF COURT, SUPERVISOR AND TOWN CLERK BOOKS
It was discussed and agreed that Mr. Yates and Mr. Sena will audit the Court Books; Mr. Yates and Mrs. Ortman will audit the Town Clerks Books; Mrs. Ortman and Mr. Senske will audit the Supervisor.
Mr. Robbins said these audits should be completed no later than 1/20/2022.
- REQUEST FOR MONTHLY VOUCHERS FOR MILEAGE
Mrs. Ortman asked if there is any regularity to the invoices submitted by employees for mileage. It was discussed that there is nothing in the handbook regarding this and Mrs. Ortman asked if these vouchers could be submitted monthly.
- MOTION # 14-2022
MRS. ORTMAN MOTIONED THAT EMPLOYEES WHO SUBMIT VOUCHERS FOR MILEAGE REIMBURSEMENT DO SO BY THE END OF EACH MONTH. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Yates said a situation has arisen at the highway building property in the last couple of years. In years past, the highway had accepted brine from different producers of natural gas in our town. He said there was always documentation necessary to go along with the brine which is established and affirmed by the NYS-DEC and at some point, in time some of that brine was not acceptable for application on the roads and becomes contaminated waste. He said over the years he had asked Highway Superintendent Strickland to resolve the issue with PPP. He said we have 5 tanks there that are old and leaking and Mr. Strickland did not want to move forward to get those tanks removed by the owner for fear that the supply of natural gas to the highway building would be shut off. He said the tanks (4 that are empty and 1 half full) do not belong to the town and need to be removed from town property. He said the individual who owns PPP is currently in financial straits. He said Mr. Karlson had contacted PPP early in his appointment to see if the tank issue could be resolved and PPP owner had indicated he would turn off the gas to the town. He said the owner had recanted but according to Mr. Strickland this has been his attitude over the years of his ownership. Mr. Yates said PPP will be faced with bankruptcy and if that happens North Harmony will be stuck with 5 tanks that are considered contaminated waste and this will cost the town a great deal of money. He said he has talked to Scott Sampson; Chautauqua Utilities and they have a 6-inch gas main line on the opposite side of the highway building. He said they are prepared to provide gas to the town when the time comes. He said in the last month PPP has turned off the gas to the Fire Department for over a week because they were upset.
There was discussion of contracts, PPP supplies gas to the Town Building under a contract, but there is no contract for the highway, and it is indicated they receive well gas which means there is no guarantee of gas.
Mr. Yates said he would like to have the board authorize a contract for an application with Chautauqua Utilities which would allow a road push under Rt. 394 to bring a line to the highway building. He said at that time he would like to request that PPP remove the tanks in a timely manner. Mr. Yates said he had advised the DEC of the situation. Mr. Yates said because of the threat made he want to get the highway hooked up to Chautauqua Utilities gas and put pressure on PPP to remove the tanks.
Mr. Sena asked what the cost would be.
Mr. Yates said he wasn’t sure, but there is a chance that the road push would be at no cost and the gas for the building would be about $200/month. He said he can’t give exact costs at this time.
There was further general discussion of the situation, and it was decided that Attorney Robbins would do some further research for any documents pertaining to the matter.
- PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the December 2021 Legislature meeting:
· We approved the relatively small increases in landfill and transfer station tipping fees recommended by the Landfill Director. I have established a working group to better understand the operations of the landfill and transfer stations to advise the Legislature on pricing and policies.
Mr. Robbins noted that the Falconer station is an absolute liability nightmare and he would send a letter to the county in that regard.
Mr. Chagnon said that is a high priority for the new safety director.
· We accepted a $1.5 million NYS Department of Transportation grant for modernization and enhancement of the County CARTS program.
· We approved six ARPA funded projects for the Department of Emergency Services, including message boards, EMS equipment for Fly Cars, technology upgrades, a replacement dive boat, paving for a drive-through clinic, and communications equipment.
· We approved the year one ARPA funding to enhance Strong Starts Chautauqua, a community led and county-wide systems change initiative to address the developmental and behavioral health care needs of Chautauqua County children aged birth through five and their families.
· We approved agreements for court security services with six towns, including Ellery and North Harmony.
· I was honored to be reelected unanimously as Chairman of the County Legislature, to continue my leadership for a third year.
HOWARD PEACOCK, JUSTICE
Court Report for the Month of December 2021
January 10, 2022 Board Meeting
$29,262.00 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 December 2021. We opened 175 cases and closed 197 cases.
BENNY KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Karlson said he has successfully filed for CHIPS and received a refund of $287,096.38. He said that includes CHIPS, Pave NY, and Winter Recovery funds. He said the new hires are doing a very good job. He said they had fabricated a grate on Wall St. Road that can be cranked to safely allow water to go under and prevent flooding issues by John Woods property. He said there have been some unexpected 3rd quarter builds available for truck chassis. He said they had thought it would be 2025 before any new builds would be available and he provided a quote from Fleet Maintenance, Inc. of $116,584 for the chassis. He said the up-fit fabrication for the box and plow equipment are a separate cost. He said the highway has a truck in the fleet with a Highgate box that has no backup. He said it is a box that they use frequently, and they are just not available. He asked the board if they would entertain the idea of allowing him to place an order on the chassis without having exact details on the up fit figured out. He said he would really like to get the Highgate box but cannot use Valley Fab for that. He said due to the timing situation he would really like to take this opportunity.
Mr. Senske asked if it would be the 3rd quarter of 2022 and when the town would expect delivery.
Mr. Karlson said probably about this time (January 2023) next year.
Mr. Senske asked how we tie the two together if we don’t have a box and plow.
Mr. Karlson said he had only one week to work it out and will be calling fabrication shops Henderson and Viking to discuss up-fitting, or he can contact Sourcewell and find a Highgate box and ask Valley Fab to install it. He said he could not commit to having it ready for next plow season 22-23. He said he would prefer to have the Highgate box because it is stainless steel and holds up well to salt.
There was further general discussion. It was noted that the chassis is the same as current town truck #19 which is the newest Freightliner 10-wheeler with a Detroit engine. The engine on the one we are currently looking at will be a Cummins.
Mr. Sena asked what an estimate on the old truck would be.
Mr. Karlson said that would be #12 truck and he does not have a price for that.
Mr. Yates requested that Mr. Karlson verify that the frame is a single.
Mr. Senske asked how this will affect the budget this year. He said he would like to have a better idea of what the figures would be. He asked Mr. Karlson if there was a deadline and how that would affect the ability to purchase.
Mr. Karlson said he did not know, but they are going quick. He said he understands his proposal is not complete and this is not the normal way to do this. There was discussion of whether the town would need to make a deposit, etc. Mr. Karlson said he contacted Rick and left a message, but had not heard back as to what amount would be needed to hold (i.e. 10% or just signature).
Mr. Senske said he leans toward authorizing Mr. Karlson to go ahead and put the chassis on order.
Mr. Pfeil said that Mr. Karlson needs to firm up prices for exactly what he wants to order and come back to the board with those figures.
Mr. Yates said that could be accomplished in a couple of days and the board members emailed.
Mr. Karlson said he will get those details.
Mr. Robbins said when that is done a meeting and motion/resolution will be needed.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minutebook)
Mr. Lawson gave a brief overview of his 2021 annual report showing a total valuation increase in building projects of $8,168,336 which included 11 new homes. He said it was a very good year but there are a lot of inspections to be done. He said it has been a very long time since the town has had 84 permits in one year with a value of over 8 million.
ANNE GOLLEY, ASSESSOR
TOWN OF NORTH HARMONY
ASSESSOR’S REPORT
January 2022
In January, the office has been continuing with fieldwork, and receiving exemption renewals back into the office.
Tax bills have been sent out and the office has been fielding phone calls and providing any apportionments when needed.
Thank you for your continued support of the Assessor’s Office.
JOHN STOW, DCO
Mr. Stow’s report indicated that he had no calls in December 2021.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minutebook)
Mrs. Thomas said she had nothing further to add to her written report.
ROBERT YATES, SUPERVISOR (Copy of Report in Minutebook)
- MOTION # 15-2022
MR. SENA MOTIONED TO ACCEPT THE TOWN CLERK AND SUPERVISOR REPORTS AS PRESENTED. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 16-2022
MRS. ORTMAN MOTIONED TO APPROVE PAYMENT OF THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $15,540.39 (National Grid is excluded from this total)
HIGHWAY FUND $14,561.56
MR. SENA SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 17-2022
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:30 PM.
Nancy Thomas
Town Clerk
