TOWN OF NORTH HARMONY
TOWN BOARD MEETING
Monday, July 11, 2022, 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT VIA PHONE
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Clayton & Helen Emick; Sandy Sundlov; Jack Knowlton; Dan Thomas; Anne Golley, Assessor; Howard Peacock, Town Justice; Nancy Thomas, Town Clerk; Stephanie Gibbs, Dep. Town Clerk; Brad Lawson, Zoning CEO; Dale Robbins, Attorney; Kelly Johnson, Attorney; Taylor West, CLWMA; Ben Karlson, Dep. Highway Superintendent; Pierre Chagnon, Legislator; Robin Miller, Bookkeeper
Mr. Yates brought the meeting to order at 7:00 PM.
- MINUTES 6/13/2022 & 6/23/2022
MR. SENA MOTIONED TO ADOPT THE MINUTES OF THE 6/13/2022 TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. PFEIL SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. NO (0). THE MOTION WAS CARRIED.
- MOTION # 99-2022
MR. SENSKE MOTIONED TO ADOPT THE MINUTES OF THE 6/23/2022 SPECIAL TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. NO (0). THE MOTION WAS CARRIED
- AFD AUXILIARY CRAFT SHOW – Saturday July 30th 10AM-3PM
Mrs. Thomas said there will be vendors, baked goods, basket auctions, open house, chicken BBQ and a four wheeler raffle.
- DEMOCRATIC PARTY CAUCUS – Wednesday July 20th 5PM at the Town of North Harmony Offices
- CHAUTAUQUA COUNTY HAZARDOUS WASTE DROP OFF DAY – Saturday 9/17/2022 9AM-2PM at the Falconer DPF.
- FARM BUREAU DINNER – AT THE GRANDVIEW IN ELLINGTON, NY TUESDAY, 8/23/2022 AT 6:00 PM.
Mr. Knowleton said North Harmony cemetery has a section that needs cleaned up and surveyed.
Mr. Yates said he will get ahold of Mike Masters to make an appointment to get it surveyed. He said Mr. Karlson and he would meet up at that cemetery to survey it and see what needs to get done.
Mrs. Emick said the bushes on the corner of Lakeland and Stow Ferry Rd. have been trimmed. She said she is unsure who did it, but they needed trimmed because when you come around that corner you can’t see, and someone was going to get hit and hurt.
- ASSESSOR – NO TRANSFERS RECEIVED
MR. SENSKE MOTIONED TO SCHEDULE A PUBLIC HEARING ON MONDAY 8/8/2022 AT 6:45 PM TO AMEND LOCAL LAW #3-6016 DOG LICENSING AND CONRTOL LAW AND FEES. MR. SENA SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. NO (0). THE MOTION WAS CARRIED
MR. SENA MOTIONED TO REFER THE TRI-JAMES SERVICES OPEN MEADOWS/CHENEY RD. GRAVEL PIT SPECIAL USE APPLICATION TO THE PLANNING BOARD FOR REVIEW ON TUESDAY 7/12/2022 AT 7:00 PM. MR. PFEIL SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. NO (0). THE MOTION WAS CARRIED
Mr. Yates said Mr. Robbins and Mrs. Johnson the town attorneys are working with the Town of Harmony’s attorneys.
Mr. Senske asked if we have done a town justice study.
Mr. Robbins said two representatives from each town needs to come up with the issues and how merging will resolve these issues.
Mrs. Ortman said she sent the information she has but has not received anything back from the Town of Harmony or the attorneys. She asked where we are at in the process and what is the next step.
Mrs. Johnson said they have not received anything from the Town of Harmony. She said the two towns need to agree on what each town is going to contribute, and they need to officially agree on what is going to go into the final plan. Mrs. Johnson said the only thing that has been agreed to is how the handling of the cases would work but at this point the Town of Harmony has not agreed to anything financially towards the merging of the courts. She said she would double check and email them anything they need to agree on.
- AUTHORIZATION TO APPLY FOR NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NON-AGRICULTURAL NONPOINT SOURCE PLANNING GRANT FOR THE BALL CREEK STABILIZATION ENGINEERING STUDY PHASE 1 PROJECT.
- RESOLUTION/MOTION # 102-2022
Resolution by: Councilman Pfeil
2nd by: Councilman Senske
Authorization to Apply for New York State Department of Environmental Conservation Non-Agricultural Nonpoint Source Planning Grant for the Ball Creek Stabilization Engineering Study Phase 1 Project
WHEREAS, Chautauqua Lake is an invaluable asset to Chautauqua County and the municipalities that border it including the Town of North Harmony, but has been designated as an impaired water body and its health and usability are threatened; and
WHEREAS, the Town of North Harmony (Town) and the Chautauqua Lake and Watershed Management Alliance (Alliance) are partnering to complete an engineering study to identify and recommend improvements to address erosion issues along a section of Ball Creek that will have a positive impact on the environmental health of the creek and Chautauqua Lake; and
WHEREAS, the 2022 Consolidated Funding Application includes New York State (NYS) Department of Environmental Conservation (DEC) Non-Agricultural Nonpoint Source Planning Grant (NPG) program grant opportunities for water quality projects that require local matching funds as cash and/or in-kind service in the amount of at least 10% of the grant amount; and
WHEREAS, the total eligible project costs have been identified at $33,000 resulting in planned NPG requested funding of $30,000, and planned local match in the form of cash of $3,000; therefore be it
RESOLVED, that the Town of North Harmony will act as the primary grant applicant and authorizes a grant submission to the NPG grant program for the Ball Creek Stabilization Engineering Study Phase 1 Project and if awarded, commits to providing $3,000 cash toward the required local match, and if the grant is successful, that the Town Supervisor is authorized to execute the State Assistance Contract, submit project documentation, and act in all matters related to Project and state funding assistance.
Robert Yates, Supervisor Yes
Louise Ortman, Council Yes
Dick Sena, Council Yes
Mike Pfeil, Council Yes
Steve Senske, Council Yes
- RESOLUTION/MOTION #103-2022
Resolution by: Councilman Senske
2nd by: Councilman Pfeil
SEQR Type II Action Determination by the Town of North Harmony for the Ball Creek Stabilization Engineering Study Phase 1 Project
WHEREAS, as a condition of receiving funding through the New York State Department of Environmental Conservation (NYS DEC) Non-Agricultural Nonpoint Source Planning Grant (NPG) program, the Town of North Harmony shall evaluate and declare its findings or determinations regarding the proposed Ball Creek Stabilization Engineering Study Phase 1 Project under the New York State Environmental Quality Review (SEQR) Act; and
WHEREAS, 6 NYCRR Section 617.5 (Title 6 of the New York Code of Rules and Regulations) under the State Environmental Quality Review (SEQR) Act provides that certain actions identified in subdivision (c) of that section are not subject to environmental review under the Environmental Conservation Law; therefore, be it
RESOLVED that the Town Board of the Town of North Harmony, in the County of Chautauqua, hereby determines that the proposed Ball Creek Stabilization Engineering Study Phase 1 Project, which constitutes the assessment by an engineer of a portion of Ball Creek to identify and recommend possible improvements to address erosion issues but does not commit the Town to undertake, fund, or approve any particular action that may constitute a Type I or Unlisted action, is a Type II action in accordance with 6 NYCRR Section 617.5(c)(24) and is therefore not subject to review under 6 NYCRR Part 617.
Robert Yates, Supervisor Yes
Louise Ortman, Council Yes
Dick Sena, Council Yes
Mike Pfeil, Council Yes
Steve Senske, Council Yes
- NEW BUSINESS
Mr. Yates said they will be questioning about the town’s emergency shelter and housing, and plan a development, hazard and vulnerability analysis, and state reanalysis.
Mr. Yates said the application he saw did not include acreage. He said this is news to him because back on June 6th they were notified that the application was denied at that time. He said with the drought some residents have been pumping from the lake to flush toilets and take showers, so he feels it is a very difficult time right now.
Mr. Sena said everything is up to the DEC. He said they will do a survey and review the findings of the survey and tell the town what they will do.
Mr. Pfeil said he got a letter stating the application was approved.
Mr. Sena said it hasn’t been approved.
Mr. Yates said there are 2 outstanding questions when the time comes, will the water be contaminated in the areas where people are drawing water from the lake and how will the town be paying for it.
Mrs. Ortman said she would like to leave out the sections were anyone is pulling drinking water from the lake.
Mr. Sena said we have the ability to pick out areas to have treated by a board vote, but we can’t do anything until we have the approval from the DEC.
Mr. Pfeil said he would like to put in the record that when permits are issued treatment will not be done in North Harmony until the board reconvenes to decide which areas will be treated.
Mr. Sena said some residents in Cheney’s Point would like to get some application but some of those areas are protected for fish spawning.
Mr. Yates said if they are not submitted by then he will assume you don’t want any changes and the budget will be left as is.
MR. SENSKE MOTIONED TO AUTHORIZE DESTRUCTION OF TOWN RECORDS AS OUTLINED IN APPENDIX C DATED 7/8/2022 AND IN LOCAL GOVERNMENT SCHEDULE 1(LGS-1). MR. SENA SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. NO (0). THE MOTION WAS CARRIED
MR. SENA MOTIONED TO RENEW THE CONTRACT FOR ASSESSOR SERVICES AT $10,000. MR. PFEIL SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. NO (0). THE MOTION WAS CARRIED
- TREE ON LONGVIEW ROAD – SAFETY CONCERN
Mr. Yates said the tree has been maintained by the highway department for many years. He said it is a big willow tree and it has been brought to his attention from the residents that it has become a safety concern. Mr. yates said it needs to be taken down by a crane. He said he called Maple Spring Tree Service and they gave him a price of $3,200.00 to remove the whole tree and keep the stump so the bank doesn’t erode.
Mr. Sena said it is more than a procurement policy allows.
Mr. Yates said it was only by $200.00 and he doesn’t want to wait.
Mr. Sena said it’s town law and they need to get another quote.
Mr. Yates said he could call and see if they can drop the price by $200.00
Mr. Chagnon said the following occurred at the June 2022 Legislature meeting:
- We presented commendations and certificates of award to all County high school valedictorians and salutatorians.
- After a public hearing we extended 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 authorized the distribution of mortgage taxes for the period October 1, 2021 through March 31, 2022
- North Harmony will receive $30,005, a 32% decrease from the same period last year
- We accepted a NYS Department of Health grant to conduct radon outreach, provide educational materials, and distribute radon detectors designed to reduce the public health risk from exposure to indoor radon.
ANNE GOLLEY, ASSESSOR
The 2022 Final Assessment Roll is complete and has been submitted to Chautauqua County and New York State Office of Real Property Tax Services
Mr. Peacock read the following report into the record:
COURT REPORT FOR THE MONTH OF JUNE 2022
$33,006.69 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 June 2022. We opened 294 new cases and closed 197 cases.
BEN KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Karlson He said he needs a policy put in place about volunteer fireman responding during work.
Mr. Yates said we can check with Don Emhardt from Chautauqua to see what they do.
Mr. Karlson said they have been busy helping other towns and have build a great relationship with the Town of Chautauqua. He said they are starting to do sealing and he is prepared to do 3.3 miles of sealing as that is what the budget allows. Mr. Karlson said the town has 48.8 miles of road that are black top hard roads and if we sealed roads every four years, we would be sealing 12.2 miles of road. He said based on today’s price of oil and stone the 12.2 miles a year is $235,057 alone and that is more than their summer budget alone. He said he is trying to stay in the budget, so he came up with 3.3 miles of road to seal this year to stay in budget.
Mr. Pfeil asked if we keep up with this rate how many years will it be between rotation
Mr. Senske said it would be 15-16 years in between.
Mr. Karlson said we will at some point have to up the budget to make sure sealing gets done.
Mr. Robbins said the Highway superintendent is paid out of General Funds. He said Mr. Karlson is the Deputy so he is getting paid out of the Highway fund.
Mr. Karlson said he believes the Superintendent salary is sitting in the General Funds unspent.
Mr. Senske asked if there was anything urgent that he might need to do past the 3.3 miles.
Mr. Karlson said Diffley Rd., and Erickson Rd. are roads in need of being sealed. He said they are not in jeopardy of loosing the road but to maintain the quality of the road they do need to be sealed. Mr. Karlson said that is 3.33 miles of road that he did not plan on sealing this year which would be an estimated additional $64,159. He said another section of road that is in need of being sealed is Carpenter Pringle Rd. starting at Ramsey to Route 394 and Eke Rd. adding an additional 1.46 miles. He said it’s been about five years since it has had any black top and it would cost an estimated additional $28,159.00.
Mr. Senske asked if he was looking for funding for another 4.8 miles at about $100,000.
Mr. Karlson said his biggest priority is Butts Rd.
Mr. Yates said we will have to patch it this year. He said we have $58,000.00 available in General Funds 5010.1 from the highway salary.
- MOTION # 106-2022
MR. SENSKE MOTIONED TO TRANSFER $58,000.00 FROM GENERAL FUNDS ACCOUNT 5010.1 TO HIGHWAY FUNDS. MR. PFEIL SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. 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:
There were two incidences this month. The First incident was for a dog that ran away after fireworks on the 4th of July. The whole community worked together to try to catch the dog. He returned home on Sunday. The owner, who resides in Ohio claims our community provided way more help than his community would have at home. He said special thanks to the Peacocks for all their help.
The other call was for two dogs visiting a neighbor’s farm. This has been a problem in the past. They are trying to give them a warning before taking any further action.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas 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 JUNE 2022 AS PRESENTED. MR. SENSKE SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. NO (0). THE MOTION WAS CARRIED.
- MOTION # 108-2022
MR. SENA MOTIONED TO AUTHORIZE PAYMENT ON THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $68,208.61
HIGHWAY FUND $94,731.80
MR. SENSKE SECONDED. YES (5): SENA, PFEIL, YATES, ORTMAN, SENSKE. NO (0). THE MOTION WAS CARRIED.
- MOTION # 109-2022
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 8:30 PM.
Stephanie N. Gibbs
Deputy Town Clerk