TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY April 11, 2022, 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
RICHARD SENA, COUNCIL ABSENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Dale Robbins & Kelly Johnson, Attorney; Brad Lawson, Zoning CEO; Robin Miller, Bookkeeper; Howard Peacock, Justice; Clayton & Helen Emick; Jonathan Henck; Nancy Thomas, Town Clerk
- PLEDGE & MOMENT OF SILENCE
- MINUTES: 3/14/2022
- MOTION # 57-2022
MR. PFEIL MOTIONED TO ADOPT THE MINUTES OF THE 3/14/22 TOWN BOARD PUBLIC HEARINGS AND MINUTES AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (4): ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- PUBLIC COMMENT:
- JONATHAN HENCK, HADLEY BAY
Mr. Henck complimented the Highway Department on the good job they have been doing plowing in his area this year.
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
1. Charter/Spectrum, Mark Meyerhofer – Notice of Programming Changes 3/29; 3/31; 4/1/22
2. ASSESSOR – FEBRUARY PROPERTY TRANSFERS: A/V: $641,700; S/P: $856,000; (+214,300)
3. David Groth – 3/31/22 letter in favor of herbicide treatment in Stow area
4. Blair Smoulder, Chautauqua Ave. – 4/4/22 letter regarding concern of possible leach bed damage by heavy equipment by Northrup
5. Local Laws #2&3-2022 – Solar and Battery Storage filed with NYS-DOS
6. Campanelli & Associates P.C. – Local Zoning for 5G roll out
7. Chautauqua Region Community Foundation – Acknowledgement of receipt of $49.42 left from Veterans Memorial fund account
Mr. Yates said CRCF had called, and our Memorial fund account had a balance of $49.42. He said because the amount was small, he asked that the CRCF keep it.
8. Mary Glatt 3238 Chautauqua Ave. – 4/4/22 letter re road conditions at Quigley Park due to sewer construction
Mr. Yates said this is not the only complaint he has received. He said Northrup will be fixing the open cuts and will be patching the roads but will not do any major road repairs until the sewer project is complete. He said someone has been putting solicitation flyers on residents’ doors indicating they must hook up to the sewer by fall 2022. He said there will be no hookups until fall 2023. He said the sewer board has decided to do a bore from BOCES all the way down to Goose Creek substation which will prevent an open cut construction site all summer long on Rt. 394. He said the traffic light at the construction site will be moving toward Stow throughout the summer. He said this setup cost the county about $100,000 but will help with safety and convenience issues and alleviate some road congestion. He said they are moving along with funding for Phase 2 which is expected to cost $24,000,000. He said the end of July is the deadline for the next round of grants.
9. Mike & Kim Peccia – email in favor of herbicide treatment 4/8/22
Mr. Yates said we have received a lot of letters both for and against herbicide treatment. He said the board has reviewed them all and appreciate the input.
- OLD BUSINESS
- CHAUTAUQUA UTILITIES – New gas supplier for Town Buildings – A price of $4600.00 for road push and all materials
Mr. Yates said there had been discussion at the last meeting regarding the procurement policy in relation to this. He said normally the procurement policy comes into effect except where General Municipal Law (GML) 103 states that where the subject of the contract is controlled by the sole source (i.e., Chautauqua Utilities because they are the only gas supplier available).
- MOTION # 58-2022
MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR TO ENTER INTO A CONTRACT WITH CHAUTAUQUA UTILITIES FOR HOOK UP AND GAS SERVICE FOR THE HIGHWAY BUIILDING IN ACCORDANCE WITH GML 103 SEC. 5-35. MR. PFEIL SECONDED. YES (4): ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- Clark, Patterson & Lee for Water Study – Check remitted for $20,000 for 40% completion on water study – Agreement to do map & plan for Ashville Bay Water at no additional charge
Mr. Yates said the town had done a survey and of the 56 residents surveyed, 3 are already hooked up to water; and of the surveys sent 36 were returned that indicated 34 want water. He said CPL is doing the feasibility study for the whole town and even though Ashville Bay is considered Water District 1, which is not a part the general feasibility study which includes Baker St. from Cummins through the Hamlet of
Ashville up over Maple St. and all the way up through town. He said CPL will do the map and plan for Ashville Bay at no additional charge.
- CONSOLIDATION OF NORTH HARMONY/HARMONY COURTS
Mr. Robbins said there is a resolution before the board identical to the ones used by Sherman, Clymer, French Creek, and Mina to consolidate their courts. He said this is the first step; a committee must be established to do a study and make recommendation to the board who will need to approve the consolidation study and set a hearing. He said the plan must be submitted to the NYS Legislature for approval. This information is outlined in the Court Consolidation Timeline provided by Mr. Robbins.
- RESOLUTION/MOTION # 59-2022
MR. SENSKE MOTIONED TO ADOPT THE FOLLOWING RESOLUTION IN SUPPORT OF A SINGLE TOWN JUSTICE FOR THE TOWNS OF HARMONY AND NORTH HARMONY. MR. PFEIL SECONDED.
Resolution in Support of a Single Town Justice for the Towns of Harmony and North Harmony
WHEREAS, over the past several years the administrative and financial costs associated with maintaining a Justice Court has increased for each Town, and
WHEREAS, the Towns of Harmony and North Harmony have experienced and continue to experience increased difficulty with attracting and retaining qualified Justices, and
WHEREAS, the New York Legislature has enacted legislation authorizing Towns that form a contiguous geographic area within the same County to elect a single Justice to preside in the Town Courts or to establish a single Justice Court for the Towns, and
WHEREAS, the Towns of Harmony and North Harmony wish to conduct a study to determine whether by sharing resources the two Towns are able to streamline their Court systems to reduce the financial cost to each town while maintaining service for its residents and whether such sharing of services is in the best interest of each Town.
BE IT RESOLVED that the Town of Harmony and the Town of North Harmony hereby authorize a joint study to be undertaken to consolidate their respective Justice Courts and/or the election of a single Town Justice to preside in the Town Court of each Town. The study shall be conducted by a committee of two (2) members from each Town, each member to be appointed by the Supervisor of the respective Town.
YES (4): ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 60-2022
MR. YATES MOTIONED TO APPOINT STEVE SENSKE AND LOUISE ORTMAN TO THE COMMITTEE TO PERFORM A STUDY AND MAKE RECOMMENDATION ON THE CONSOLIDATION OF THE TOWNS OF HARMONY AND NORTH HARMONY COURTS. MR. PFEIL SECONDED. YES (4): ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- CITADEL SERVICES – Quote of $1,580.00 for HVAC Service Contract
Mr. Yates said Citadel Services has quoted us $1,580.00/year for maintenance of our HVAC system. He said this includes cleaning/replacing filters; look over operations and note problems that need fixed with heat pumps; operation of roof vent; clean and flush baseboard heating units once a year and provide a written report after each inspection. He said this would be bi-annual inspections when switching from heat to cool, etc. He said he intends to contract with them.
- Sullivan Electric – Quotes for HDMI line from Court to IT $1,290.00 and $3,700 for roof heat tape on north side of building (this will be a switch operated system)
- MOTION # 61-2022
MR. PFEIL MOTIONED TO AUTHORIZE THE SUPERVISOR TO ACCEPT THE QUOTE OF SULLIVAN ELECTRIC OF $3,700.00 TO INSTALL HEAT TAPE ON NORTH SIDE ROOF OF THE TOWN BUILDING AND AN OPERATIONAL SWITCH TO PREVENT ICE BUILDUP BY EGRESS DOORS ON THE COURT. MRS. ORTMAN SECONDED. YES (4): ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- ANNUAL UPDATE DOCUMENT COMPLETED AND FILED WITH NYS COMPTROLLER 3/31/2022
- Confirmation of Contract with Bahgat & Laurito-Bahgat for ARPA
Mr. Yates said we have new final rules from ARPA, and it appears that as long as you are not spending upwards of $20,000,000, you can spend those funds any way you choose. He said we have already given the Harmony Historical Society $10,000 to fund their renovation project and said he would like to request the board put aside $5,000 for the water feasibility study to add to the $45,000 grant funding already received.
Mrs. Emick said if there are any funds left over, they should be used for an audio system for the Court/Meeting room.
Mrs. Ortman and Mr. Peacock agreed that it is difficult to hear people speaking in the room.
There was general discussion of areas of interest in expending the ARPA funds that included:
- Investing long term in infrastructure
- Investing to benefit the community
- Fund audio system for Court/Meeting room
- Helping low income in area hook into sewer
- MEMORIAL DAY SERVICE
Mrs. Miller said Mr. Stow has done extensive work to get funding from the Pomeroy Foundation for an historical marker for Maple Grove Cemetery where there are 4 Revolutionary War Soldiers buried. She said the marker has been received and a source of funds for the installation needs to be determined so the Highway can install it.
MOTION # 62 OF 2022
MRS. ORTMAN MOTIONED TO AUTHORIZE THE EXPENDITURE OF CEMETERY FUNDS FOR THE INSTALLATION (MATERIALS & FOUNDATION) OF AN HISTORIC SIGN HONORING REVOLUTIONARY SOLDIERS BURIED IN MAPLE GROVE CEMETERY. MR. PFEIL SECONDED. YES (4): ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Yates said after we have our Memorial Day Service at Veteran’s Park on Sunday, Mr. Stow would like to have the Honor Guard go to the Cemetery and do a ceremony.
HOWARD PEACOCK, JUSTICE
COURT REPORT FOR THE MONTH OF MARCH 2022
April 11, 2022, Board Meeting
$44,268.31 in fines, fees, and surcharges was collected by the Court and was given to the Town of North Harmony CFO for the court cases reported to the NYS Comptroller for March 2022. We opened 229 new cases and closed 277 cases.
Katie A. Zimmer Court Clerk
April 8, 2022
BEN KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Yates said Mr. Karlson is not here but he would give his report. He said the highway has been repairing and straightening road signs. They have hauled 1,300 tons of stone for sealing roads. They have been servicing summer equipment, including tractor repairs and have been repairing road shoulders and hot patching.
BRAD LAWSON, ZONING CEO (Copy of Report in Minute Book)
Mr. Lawson reviewed his report for those present. There was discussion of Citadel Services and their interest in purchasing the old AFD training center for their offices and storage. He said they will give a presentation to the Planning Board tomorrow night. If the PB recommends in favor of the project, it will come to the board because the project size is over 5,000 sq. ft. He said he had met with another solar company called CS Energy that is looking at a much larger solar project in the AG District.
ANNE GOLLEY, ASSESSOR
TOWN OF NORTH HARMONY ASSESSOR’S REPORT April 2022
Work is being completed on for the valuation for new construction and demolition. All properties will be valued for the May release of the new assessments.
As always, thank you for your continued support of the Assessor’s Office.
JOHN STOW, DCO
I had a dangerous dog proceeding this month, with a recurring incident on Butts Rd. The issue was presented to the Court and dealt with.
John Stow, DCO
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
ROB YATES, SUPERVISOR (Copy of Report in Minute Book)
- MOTION # 63-2022
MRS. ORTMAN MOTIONED TO ACCEPT THE TOWN CLERK AND SUPERVISOR’S REPORTS FOR THE MONTH OF MARCH 2022 AS PRESENTED. MR. SENSKE SECONDED.
YES (4): ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 64-2022
MRS. ORTMAN MOTIONED TO AUTHORIZE PAYMENT ON THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $40,219.28
HIGHWAY FUND $33,461.70
MR. SENSKE SECONDED. YES (4): ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 65-2022
ON A MOTION MADE BY MR. SENSKE, SECONDED BY MR. PFEIL AND WITH NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:05 PM.
Nancy M. Thomas