TOWN OF NORTH HARMONY
TOWN BOARD MEETING
Monday June 13, 2022, 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL ABSENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Peter & Lynn Smith; Jonathan Henck; Clayton & Helen Emick; Greg Huber; Shari Stahl; Steven Bialkowski; Paul Saffrin; Kevin Walsh; Tim Mitchell; George & Georgia Tsarnes; Howard Peacock, Town Justice; Stephanie Gibbs, Dep. Town Clerk; Brad Lawson, Zoning CEO; Dale Robbins, Attorney; Ben Karlson, Dep. Highway Superintendent; Pierre Chagnon, Legislator; Robin Miller, Bookkeeper; Dan Thomas
Mr. Yates brought the meeting to order at 7:00 PM.
- MOMENT OF SILENCE
- MINUTES 5/9/2022 & 5/27/2022
MR. SENA MOTIONED TO ADOPT THE MINUTES OF THE 5/9/2022 & 5/27/2022 TOWN BOARD MEETINGS AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (4): SENA, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- PUBLIC COMMENT
Mr. Yates said he will allow the public 3 minutes to speak. He said this meeting is not a public hearing and there will be no decisions made pertaining to the Wells Bay issue.
PETER SMITH (Chautauqua Ave.)
Mr. Smith said thank you for phase 1 of the sewer project and for it going so well. He
said he is delighted to see phase 2 was on its way. He said he hopes that the installation of phase 2 uses more boring along the streets so that less silt goes into the lake. Mr. Smith asked if the town has ever considered a private organization for water service.
Mr. Yates said the BPU from Jamestown is doing a feasibility study right now and we
are in the process of forming another water district in Ashville Bay. He said we are going to move forward with water, but it will come from the BPU.
SHERRI STAHL (Wells Bay Rd.)
Mrs. Stahl said she had concerns about a variance request on a property across the street
from her. She said she received a letter but thought the request for 332.11-1-11 was odd because there was already a structure being built on that lot. Mrs. Stahl said she was shocked to find out at the meeting the lot number was changes and the plan was to build a second huge house on lot 332.11-1-10 and that this request was approved. She said she would like to request that this approval be set aside and another request that is properly applied for and proper notices sent out so that objections and concerns can be heard. She said she is
concerned how the Zoning Board allowed last minute changes and allowed the first house to be built the way it was. She said when the old ranch sold there were issues with the septic system and the septic issues have not been addressed. Mrs. Stahl said other concerns she has is parking, the fact it will be an Airbnb, and the septic being used for 2 houses. She said when she had looked into adding onto her house and garage Mr. Lawson repeatedly told her to be sure she was not blocking anyone’s view to the lake. She said by allowing two huge homes to be built right across from her it is impacting her view.
STEVEN BIALKOWSKI (Wells Bay Rd.)
Mr. Bialkowski said his wife sent a letter and he was there on his wife’s behalf. He said
they had the same concerns as Mrs. Stahl. He said there wasn’t available toilet areas, so the company’s staff were using the lake, the property and the dock as their facility. He said his wife’s major complaint was that they did not receive a notice about the variance, and she is a full time resident and was told it was a courtesy to get a copy of the notice by mail.
GEORGIA TSARNAS (Wells Bay Rd.)
Mrs. Tsarnas said she has the same concerns as all the other Wells Bay Rd. Residents
present. She said she was concerned with them being rentals which means there will be parties, noise, a lot of cars and overusing the septic system. She said since there are two large houses build there will need to be 2 septic systems. Mrs. Tsarnas said she is concerned about storm water. She said they have French drains and when the water comes down, they are full. She said they are worried about the safety of the creek, the environment and pollution. She said they have a letter they would like to be put into the record. She said she was always told they had to stay in the same footprint when building and there is no footprint on the desired property and was under the impression that you could not build on a 50ft. lot on the lake.
Mr. Yates said the health department will be overseeing the septic systems.
GREG HUBER (Wells Bay Rd.)
Mr. Huber said four years ago when he moved into his house, he was told he couldn’t move in because the septic system didn’t meet the requirements of the county. He said the two houses being build do not meet septic requirements.
- ASSESSOR – MARCH PROPERTY TRANSFERS: A/V $141,000.00: S/P $412,500.00: (+271,500.00)
- TOWN OF ELLERY – NOTICE OF PUBLIC HEARING PORPOSED LOCAL LAW #1 JUNE 9, 2022 @ 7:45PM TO CONSIDER THE ELIMINATION OF THE PLANNING BOARD AND HAVE THE ZONING BOARD ASSUME THE DUTIES OF THE PLANNING BOARD.
- CFA GRANT
Mr. Yates said he met with Taylor West and Randall perry with the alliance and surveyed ball creek from Route 394 to the bridge and it was brought to his attention that the alliance could possibly get the town another grant from the state for an engineering study to study under the Chautauqua Lake Bridge. He said the
silt that is being dumped into Hadley Bay from under the bridge is phenomenal. He said by doing the survey they are putting together a good plan for the state. Mr. Yates said it is a matching grant. He said it is a grant
for $30,000.00 so the town would be responsible for 10% which would be $3,000.00 which would be a good investment if we can get the study done.
- EMERGENCY SERVICES FOR CHAUTAUQUA COUNTY
Mr. Yates said there will be a meeting on June 14, 2022, between 1:00PM-2:00PM at suite A in Mayville. He said he plans on attending.
- DON MCCORD – CONSULTING SERVICES
Mr. Yates read Mr. McCords letter into the record. He said Mr. McCord helped the town with the Comprehensive Plan and he had asked him to help the town update their plan and due to some conflict Mr. McCord will not be able to assist the town.
Mr. Ortman said she and Mr. Senske met with the supervisor of the Town of Harmony, and they discussed benefits of both towns and they have a Comprehensive Plan of what they think can work going forward. She said the next step is to meet with council and attorneys. She said the consolidation will need to be approved by both towns. Mrs. Ortman said so far it looks like a good plan.
Mr. Yates said we did a survey in Ashville Bay and there were very few objections to water.
Mr. Yates said Phase 2 of the Sewer extension is moving along. He said we anticipate participating in some state and federal grants. Mr. Yates said phase 2 will include 520 parcels.
Mr. Yates said he heard the CLP put in the Post Journal that they received permits for everything that was requested.
Mr. Sena said the towns application for treatment was declined. He said the newspaper is inaccurate. Mr. Sena said he called the Post Journal but did not get a response. He said he has the letter from the DEC if anyone wants to see it. He said the town had permission from the DEC to apply for up to 109 acres and the town applied for 70 acres. He read the letter out loud for the record. Mr. Sena said the letter said the town applied for 90 acres, but they only applied for 70 acres.
Mr. Pfeil said the CLA will not collect weeds from areas sprayed for 30 days. He said they are having issues finding locations to dispose of the treated weeds. He said the Town of North Harmony should get a lot of weed cutting activity because the town will not be treated, and they have to stay out of the areas that are treated.
Mr. Yates said we made final payment on the tax warrant.
Mr. Yates said we sold the Mitchell property for $115,000.00.
- NEW BUSINESS
MR. SENA MOTIONED TO SCHEDULE A SEQR AND PUBLIC HEARING ON 7/11/2022 AT 6:45PM TO AMEND LOCAL LAW #3-2016 DOG LICENSING AND CONTROL LAW. MR. PFEIL SECONDED. YES (4): SENA, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
Mr. Yates said we don’t have a policy in our Employee Handbook pertaining to employees that are members of the Fire Department. He said he felt if it is acceptable for the employee to respond he thinks it is a great asset to the town. Mr. Yates said we need to research who is liable if the employee gets hurt on a fire call and still on town time.
Mr. Robbins said he is sure it has been researched many times so we will need to get the information.
Mr. Karlson said he has asked several superintendents what they did, and said it was up to the town board to create a policy. He said an idea he has is to have them clock out and offer separate time to attend to fires.
Mr. Robbins said he doesn’t think they need to have a Local Law. He said he thinks they can create a policy in an organizational meeting.
Mr. Yates said that meeting is at the end of the year.
Mr. Robbins said we will need to revise the policy.
Mr. Yates said the Highway employees are asking if they get the Juneteenth holiday off and paid. He said the holiday falls on Sunday but the policy of the town states we give the day after the holiday off and paid. Mr. Yates said he would say yes.
- MOTION #91-2022
MR. PFEIL MOTIONED TO INCLUDE JUNETEENTH AS A FEDERAL PAID HOLIDAY FOR TOWN EMPLOYEES. MR. YATES SECONDED. YES (2): PFEIL, YATES. NO (0) ABSTAIN (2): ORTMAN, SENA. THE MOTION WAS NOT CARRIED.
Mr. Robbins said you don’t have to give the federal holiday.
Mr. Yates said it will have to be brought up again at the next board meeting.
Mr. Sena said he thinks it needs to be discussed more.
Mrs. Ortman said she thinks it needs to be discussed more.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the May 2022 meeting.
- We adopted a Local law amending the Chautauqua County Self-Insurance plan for Workers’ Compensation to base the participants’ premiums on payroll and claims experience, rather than assessed property valuation and claims experience. The 2023 levy will include the following changes:
- Town of North Harmony will see a 44% reduction of $29,009
- We authorized calling a public hearing at the June County Legislature meeting upon a proposal to extend the South Chautauqua Lake Sewer District from the hamlet of Stow to the south bounds of the North Chautauqua Lake Sewer District to complete public sewers on the west side of Chautauqua Lake. The project will be contingent upon receiving grants and no-interest financing sufficient to meet the State Comptroller’s affordability guidelines.
- We approved an agreement with the Celoron Fire District wherein Chautauqua County EMS will supply Advanced Life Support services on Celoron ambulance runs as needed and bill for the Advanced Life Support and ambulance services.
- We accepted NYS grant funding for a Chautauqua County consolidated code enforcement study. The 50% local share match is already included in the 2022 County Budget.
ANNE GOLLEY, ASSESSOR
TOWN OF NORTH HARMONY
Grievance Day for the 2022 assessment roll was held on Wednesday, May 25, 2022, with the Board of Assessment Review, and it was a success! The Board of Assessment Review Hearings were scheduled by appointment, but there were none, only one mail-in was received and reviewed by the Board of Assessment Review.
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
June 13, 2022, Board Meeting
$30,829.00 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 May 2022. We opened 176 new cases and closed 194 cases.
Katie A. Zimmer
June 9, 2022
BEN KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Karlson said he went to highway school in Ithaca NY. He said it was a good training. Mr. Karlson said they have done two paving jobs. He said the Fox Rd. bridge is almost complete. Mr. Karlson said shared services have been going great. He said they had the opportunity to hydroseed the ditches they dug out. He said truck number fifteen is fixed and one of the ten wheelers, number two is in the shop with clutch issues. He said on June 7th Steven Pihl is up for his $1.00 raise.
- MOTION #92-2022
MRS. ORTMAN MOTIONED TO AUTHORIZE M.E.O. STEPHEN PIHL A $1/HR RAISE EFFECTIVE 6/7/2022 ($20/HR; $30/HR OT) MR. SENA SECONDED. YES (4): SENA, 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 had several calls this month. The first phone call was for dogs not leashed in Cheney Pt. After many attempts to reach them, we talked about the situation, and it was resolved.
Another phone call was for a dog found with porcupine quills wondering. The dog was licensed and returned to the owner to seek medical attention.
The last phone call was for a lost dog which was located shortly after.
Mr. Yates said the town received a call from the SPCA requesting that Mr. Stow contact them before bringing in any dogs. He said they are over capacity.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Gibbs said she had nothing further to add to the Town Clerk report.
ROB YATES, SUPERVISOR (Copy or Report in Minute Book)
MR. SENA MOTIONED TO ACCEPT THE TOWN CLERK AND SUPERVISOR’S REPORTS FOR THE MONTH OF MAY 2022 AS PRESENTED. MRS. ORTMAN SECONDED. YES (4): SENA, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- MOTION # 94-2022
MR. SENA MOTIONED TO AUTHORIZE PAYMENT ON THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $20,494.58
HIGHWAY FUND $115,187.02
MRS. ORTMAN SECONDED. YES (4): SENA, PFEIL, YATES, ORTMAN. NO (0). THE MOTION WAS CARRIED.
- MOTION # 95-2022
ON A MOTION MADE BY MR. SENA, SECONDED BY MRS. ORTMAN, AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 8:00 PM.
Stephanie N. Gibbs
Deputy Town Clerk