TOWN OF NORTH HARMONY
PUBLIC HEARING TRI-JAMES SERVICES, INC. SPECIAL USE PERMIT
MONDAY MAY 9, 2022, 6:00 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Stephanie Gibbs, Dep. Town Clerk; Brad Lawson, Zoning CEO; Dale Robbins, Attorney; Kelly Johnson, Attorney; Robin Miller, Bookkeeper; Phil Strand; Kristine Morrison; Timothy Morrison; Jay Kuntz; Whitney Gleason; Twan Landers; Lori Studley; Clayton Emick; Helen Emick; Dick Johnson; Andy Johnson; Marsha Vergith; Will Conta; Karen Kearney; Jef Creager; Elsa Greager; Brian Sundlov; Michael Kearney; Roger Dickenson; Duane James; Jonathan Henck; Tim Mullard; Anne Kolesar; Larry Studley
Mr. Yates brought the hearing to order at 6:00PM with the Pledge of Allegiance.
- TRI-JAMES SERVICES, INC., REQUEST FOR A SPECIAL USE PERMIT FOR A PROPOSED MINE FOR GRAVEL PRODUCTS ON LAND LOCATED AT THE CORNERS OF OPEN MEADOWS RD. AND CHENEY’S RD. SPECIFICALLY SEC. 348.00-1-29.1 AND 348.00-2-19.3.1.
Mr. Johnson from eco strategies said they have been working on this project for two years and have done everything by the book. He said they have done everything to avoid the wetland all together. He said they will be 200ft away from the wetland and the army core requires them to be 100ft away from the edge. He said the total areas of the land is 9.5 acres and currently an open farm field. Mr. Johnson said there won’t be any nighttime mining. He said the hours of operation will be Monday through Friday from 7am – 5pm and Saturdays 7am – 12pm. Mr. Johnson said the result of the project will be a 6.1acre freshwater pond. He said he feels it will be a gain for the wetland.
Mr. James said the project will take them about 5-6 years at about an acre a year. He said his reason for wanting to tap into this area is they have nothing left on this side of the county. He said they are not putting a screen in or crushing in this area so there will be no added noise. Mr. James said there will be a dirt berm that will be seeded, so it won’t be an eye sore from the road. Mr. James said their driveway entrance will be 30ft. wide and will come out on Open Meadows Rd. He said according to the DEC they must pave the end of the driveway 60–100ft. from the road so there isn’t dirt tracked out onto the road and that is a rule they will abide by. Mr. James said they will be digging 20ft. He said they won’t be doing any draining or dewatering. He said it will fill in with water as they go.
Mr. Johnson said everything will be contained and there won’t be any drainage. He said it will look nice when they are done, and the water habitat will be better for it. He said he encourages everyone to read the whole permit.
Mrs. Emick asked if there are required decibel levels and if so where does theirs fall in the range.
Mr. Johnson said they did a noise study, and the rule is they cannot increase the ambient background noise higher than 6 decibels. He said they are below that.
Mr. Conta said he lives two tenths of a mile by where they are proposing the pit and expressed his concerns with noise and concerns over the wetlands
Mrs. James said there are a lot of semis going down that road all day. She said what you hear from Tri-James will be minimal.
Mr. Dickenson said he lives on Cheney Rd. and owns some of the marsh. He expressed his concern with the DEC allowing the project to go as far as it has so close to the wetlands.
Mrs. Gleason asked why the project wasn’t discussed with anybody before they invested so much into the project. She said her concern was that the deadline for written comment was on May 5th and they are just now having a public meeting.
Mr. Johnson said they don’t do house visits and there was a legal put in the Post Journal.
Mr. Yates said the public comment was extended for 30 days. He said they did put it in the Post Journal, and they are not required to send out notices. He said this is a hearing for information and at a later date they will have a public hearing for a Special Permit.
Mr. Conta asked if there will be any benefit to the town if this is passed.
Mr. James said cheaper gravel.
Mrs. Kearney asked if there was a set time before the permit will expire and how much truck traffic will increase.
Mr. James said the road is posted so they can only access the road May through October. He said there might be one truck coming in and out of that pit.
Mr. Johnson said the permit is good for five years and you must do a permit renewal after five years.
Mr. Morrison said he was concerned they would haul gravel out of the pit before May as the Opalecky Pit did and asked who was in charge of making sure they keep their access road paved and following the guidelines.
Mr. Yates said the Opalecky Pit is not under Mr. James guidance. He said the town does not police these projects.
Mr. Johnson said the DEC audits it regularly.
Mr. Pfeil asked what guarantee they have that this property will be reclaimed when they are done.
Mr. James said the DEC requested a $66,000.00 cash bond and the DEC would reclaim it if they don’t. He said they are reclaiming it as they go.
Mr. Senske asked what guarantees are there that the wetland will not be affected.
Mr. Johnson said the permit doesn’t allow for any offsite discharge, they have berms all the way around the area, and they made sure they went 100ft. beyond the 100ft. buffer.
Mr. Landers said he is the Economic Restoration Manager for Chautauqua County. He said this wetland is top of discussion to remain protected. He said there are 173 different species that depend on this wetland and out of the 173 species 14 of them are included on the states Endangered Species Act and 37 of them are on the states at risk species list. Mr. Landers said there is an eagle nest in that wetland.
Mrs. Ortman asked how Mr. Landers still feels the wetland is threatened after all the precautions Mr. Johnson, Mr. James and the DEC has put in place and listed in the application.
Mr. Landers said you just don’t know. He said he is more concerned about the disruption, and he said they have the opportunity to protect something work protecting.
- MOTION # 76-2022
MR. SENSKE MOTIONED TO CLOSE THE PUBLIC HEARING ON TRI-JAMES SERVICES, INC., REQUEST FOR A SPECIAL USE PERMIT FOR A PROPOSED MINE FOR GRAVEL PRODUCTS ON LAND LOCATED AT THE CORNERS OF OPEN MEADOWS RD. AND CHENEY’S RD. SPECIFICALLY SEC. 348.00-1-29.2 AND 348.00-2-19.3.1 AT 7:10PM. MRS. ORTMAN SECONDED. YES (5): SENSKE, PFEIL, SENA, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
Friday May 9, 2022, 6:20 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Lynn Smith; Jonathan Henck; Clayton Emick, Helen Emick; Jadon Sundlov; Brian Sundlov; Sandy Sundlov; Anne Golley, Assessor; Howard Peacock, Town Justice; Stephanie Gibbs, Dep. Town Clerk; Brad Lawson, Zoning CEO; Dale Robbins, Attorney; Kelly Johnson, Attorney; Ben Karlson, Deputy Highway Superintendent; Pierre Chagnon, Legislator; Robin Miller, Bookkeeper
Mr. Yates brought the meeting to order at 6:20 PM.
- MINUTES 4/11/22
- MOTION # 77-2022
MR. SENSKE MOTIONED TO ADOPT THE MINUTES OF THE 4/11/2022 TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (5): SENA, SENSKE, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS
- NATURAL GAS OUTAGE 5/4-5/6
Mr. Yates said Northrup hit a natural gas line while working on the sewer. He said the lines Chautauqua Utilities uses as a backup was also being worked on so unfortunately those lines were turned off as well which caused some town residents to be without gas for a period of time. He said he understands the concerns of the town residents. Mr. Yates said he will be meeting with Mr. Sampson and Northrup to come up with a plan for any future outages.
- CORRESPONDENCE
- ASSESSOR – MARCH PROPERTY TRANSFERS: A/V:S/P:
Mrs. Golley said we do not have any transfers.
- MAIL-IN DOG ENUMERATION – Town Clerk authorized to pursue action in support 5/10/2021 by Motion #65-2021.
MR. SENA MOTIONED TO AUTHORIZE THE TOWN CLERK TO PURSUE ACTION IN SUPPORT OF A MAIL-IN DOG ENUMERATION FOR THE TOWN OF NORTH HARMONY. MR. PFEIL SECONDED. YES (5): SENA, SENSKE, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- CONSOLIDATION OF NORTH HARMONY/HARMONY COURTS
Mr. Yates said we can discuss this at a different time.
- TOWN CLERK/COLLECTOR -FINAL REPORT OF TAX COLLECTION 2022
Warrant amount $3,818,289.50
Paid on Warrant $3,565,780.06
Unpaid Tax $ 252,509.44 (6.61%) returned to the County
- NEW BUSINESS
- JOHN MAYR – FULLTIME HIGHWAY M.E.O. EFFECTIVE MAY 1, 2022
MR. SENSKE MOTIONED TO AUTHORIZE M.E.O. JOHN MAYR FULL TIME STATUS EFFECTIVE 5/1/2022 ($19/HR; $28.50/HR OT). MR.SENA SECONDED. YES (5): SENA, SENSKE, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- DAVE MUNSEE – Request to locate Corn Stand at town property 4-corners in Ashville
MR. SENA MOTIONED TO AUTHORIZE USE OF TOWN PROPERTY LOCATED AT THE FOUR COURERS OF ASHVILLE BY DAVID MUNSEE FOR A CORN STAND PROVIDING HE OBTAIN A PERMIT; STATE THE TIMELINE AND HOURS OF OPERATION; AND PROVIDE CURRENT CERTIFICATION OF LIABILITY INSURANCE. MR. PFEIL SECONDED. YES (5): SENA, SENSKE, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- PIERRE CHAGNON – PROPOSED RESOLUTION IN SUPPORT OF THE SOUTH CHAUTAUQUA LAKE SEWER DISTRICT WESTSIDE SEWER EXTENSION PHASE 2.
- RESOLUTION # 81-2022
RESOLUTION BY: MR. SENSKE
2ND BY: MR. PFEIL
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF NORTH HARMONY ADOPTS THE RESOLUTION IN SUPPORT FOR THE SOUTH CHAUTAUQUA LAKE SEWER DISTRICT WESTSIDE SEWER EXTENSION PHASE 2.
Mrs. Ortman read the following resolution into the record.
WHEREAS, Phase 1 of the extension of South Chautauqua Lake Sewer District (SCLSD) to the hamlet of Stow on the west side of Chautauqua Lake is currently under construction, and Phase 2 of the extension of SCLSD on
the west side of Chautauqua Lake would proceed from the hamlet of Stow to the south boundary of North Chautauqua Lake Sewer District (NCLSD); and
WHEREAS, public sewer service along the northwestern shore of Chautauqua Lake will provide an environmentally sound alternative to the reliance on septic systems by area residents; and such service will also provide long-term public health benefit by protecting area water resources, including Chautauqua Lake, groundwater, and local streams and creeks; and
WHEREAS, the proposed Phase 2 extension project is eligible for the County to apply for state and federal grant monies including New York State DEC Water Quality Improvement Project (WQIP) and Environmental Facilities Corporation (EFC) Water Infrastructure Improvement Act (WIIA) grant funds, and is further eligible for the County to apply for a 30 year interest-free loan through EFC’s Clean Water State Revolving Fund program; and
WHEREAS, GHD Consulting Services, Inc., engineers licensed by the State of New York, have prepared a Map and Plan dated April 18, 2022, entitled “Westside Sewer Extension Phase 2” (Map and Plan) with a maximum amount to be spent of Twenty-four Million Dollars ($24,000,000); and
WHEREAS, the Map and Plan proposes new facilities for the Phase 2 sewer extension of SCLSD that include the construction of a new low-pressure force main sewer system with approximately: 54,600 linear feet of new force main; 25,000 linear feet of service laterals; one sewage pumping station; two duplex pumping stations; 11 booster stations; and 250 grinder pumping stations; and
WHEREAS, the estimated cost to the typical property from assessments or other charges to be made by SCLSD within the proposed west side Phase 2 extension area upon equivalent dwelling units (EDUs) is a maximum of $1,000 per year;
NOW, THEREFORE, BE IT RESOLVED, the Town of North Harmony Board hereby supports proceeding with the Phase 2 extension of SCLSD on the west side of Chautauqua Lake and petitions the Chautauqua County Legislature for further action under Article 5-A of the County Law of the State of New York.
A ROLL CALL VOTE WAS TAKEN BY THE DEPUTY TOWN CLERK OF THE FULL FIVE VOTING MEMBERS PRESENT.
Robert Yates, Supervisor Yes
Bruce Pfeil, Council Yes
Louise Ortman, Council Yes
Richard Senna, Council Yes
Steve Senske, Council Yes
THE RESOLUTION WAS ADOPTED UNANIMOUSLY.
- REPORTS
Mr. Chagnon said the following occurred at the April 2022 meeting.
- We authorized calling a public hearing at the May County Legislature meeting upon a proposal to extend the North Chautauqua Lake Sewer District to encompass the Mandolin Ridge housing development.
- We authorized a purchase by the Sheriff’s Office with Federal grant funds of a Remote Operated Vehicle, similar to an underwater drone, to assist the Dive Team in search and rescue operations.
- We authorized capping the County Sales Tax on gasoline and diesel fuel at $3 per gallon from June 1 to December 1 of this year, in an effort to help the consumers in these difficult times. This will be essentially budget neutral as the County Sales Tax Budget anticipated a price of $2.92 per gallon.
- We are pursuing Federal Infrastructure funding for Phase 2 of the west side sewer extension from Stow to Prendergast Creek, for dredging and maintenance of the 4 County dams in the Conewango
watershed, for rehabilitation of the water storage tank in the North County Industrial Water District, and for collection system maintenance in the North Chautauqua Lake and Portland Pomfret Dunkirk Sewer Districts.
ANNE GOLLEY, ASSESSOR
TOWN OF NORTH HARMONY
ASSESSOR’S REPORT
May 2022
The valuation for new construction, demolition, and any reviews requested by the property owners have been completed. The 2022 tentative assessment roll has been sent to Chautauqua County, and all notices for properties that had an assessment change have been mailed out.
The appropriate legal notice for the Tentative Assessment Roll appeared on May 1, 2022 in the Post Journal, as required by the State of New York Real Property Tax Law.
Grievance Day for the 2022 assessment roll will be Wednesday, May 25th by appointment at the Town of Chautauqua office.
As always, thank you for your continued support of the Assessor’s Office.
Mr. Peacock read the following report into the record
COURT REPORT FOR THE MONTH OF
APRIL 2022
May 9, 2022, Board Meeting
$28,660.00 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 April 2022. We opened 228 new cases and closed 193 cases.
BEN KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Karlson said they were purchasing their fuel through Lictus Keystone, Inc. at state pricing. He said he would like the board to make a motion for them to be able to purchase from them based upon the state pricing.
MR. SENSKE MOTIONED TO AUTHORIZE BEN KARLSON, DEPUTY HIGHWAY SUPERINTENDENT TO PURCHASE FUEL FROM LICTUS KEYSTONE BASED UPON STATE PRICING. MRS. ORTMAN SECONDED. YES (5): SENA, SENSKE, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
BRAD LAWSON, ZONING CEO (Copy of Report in Minute Book)
JOHN STOW, DCO
Mr. Yates read the following report into the record.
I received two calls this month and attended a luncheon/training pertaining to cruelty to animals.
The first call for this month I received on Easter Sunday, of course with plate in hand for a dog running loose on I-86 with a couple attempting to catch the dog. I met them on I-86.
The second call I received was for a dog tied to a tree without water. The dog was gone when I got there. However, I did see a water bowl next to the tree. No need to investigate for cruelty.
John Stow, DCO
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Gibbs said Mrs. Thomas was on vacation. She said she had nothing further to add to the Town Clerk report.
ROB YATES, SUPERVISOR (Copy or Report in Minute Book)
- MOTION # 83-2022
MR. SENA MOTIONED TO ACCEPT THE TOWN CLERK AND SUPERVISOR’S REPORTS FOR THE MONTH OF APRIL 2022 AS PRESENTED. MR. SENSKE SECONDED. YES (5): SENA, SENSKE, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- MOTION # 84-2022
MRS. ORTMAN MOTIONED TO AUTHORIZE AYMENT ON THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $20,357.45
HIGHWAY FUND $19,971.50
MR. SENA SECONDED. YES (5): SENA, SENSKE, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- MOTION # 85-2022
ON A MOTION MADE BY MR. SENA, SECONDED BY MRS. ORTMAN, AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 7:50 PM.
Stephanie N. Gibbs
Deputy Town Clerk
