TOWN BOARD MEETING (ADOPT BUDGET 2023)
MONDAY NOVEMBER 14, 2022, 6:30 PM
ROBERT YATES, SUPERVISOR PRESENT
RICHARD SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Brad Lawson, Zoning CEO; Robin Miller, Bookkeeper; Ben Karlson, Deputy Highway Superintendent; Stephanie Gibbs, Deputy Town Clerk
- PLEDGE
Mr. Yates said the total 2023 Budget amount is $2,332,087.00.
Mrs. Ortman said she is proud of the budget and the work the board has done.
Mr. Yates asked if anyone had anything to add to the budget.
- MOTION # 161-2022
MRS. ORTMAN MOTIONED TO ADOPT THE PRELIMINARY BUDGET FOR 2023 AS PRESENTED. MR. PFEIL SECONDED. A ROLL CALL WAS TAKEN:
Robert Yates Yes
Dick Sena Yes
Mike Pfeil Yes
Steve Senske Yes
Louise Ortman Yes
THE MOTION WAS CARRIED.
- MOTION # 162-2022
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 6:40 PM.
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY NOVEMBER 14, 2022, 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
RICHARD SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Brad Lawson, Zoning CEO; Robin Miller, Bookkeeper; Ben Karlson, Deputy Highway Superintendent; Stephanie Gibbs, Deputy Town Clerk; Kelly Johnson, Attorney; Dan Thomas, Historian; Anne Golley, Assessor; Pierre Chagnon, Legislator
- MINUTES: 10/11/2022
- MOTION # 163-2022
MR. PFEIL MOTIONED TO ADOPT THE MINUTES OF THE 10/11/2022 BOARD MEETING AS PRESENTED BY THE DEPUTY TOWN CLERK. MR. SENA SECONDED. YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
Mrs. Johnson said it is a hearing to allow anyone in the public to make comment. She said they will
not make a decision that night. Mrs. Johnson said each town board will have the chance to go back to their town and vote on whether or not to accept the joint plan.
- PUBLIC COMMENT:
Mr. Thomas said 6yrs ago the town received 2 Geiger Counters to detect radiation incase of a nuclear attack. He said Veterans Day was just last week and Bly Hill Cemetery has a Civil War Veteran and Wild Rose Cemetery has seven to nine Veterans including WWII Veterans. He said there is a display being set up at the Harmony Historical Society with information on these Veterans. Mr. Thomas said the Harmony Historical Society is holding a potluck dinner at the Senior Citizens Center on November 15, 2022, at 6PM. He said the speaker is going to be Frank Stow and he will be speaking about Sarah Stow-Fletcher’s journey to Ashville in 1818 via wagon from Massachusetts.
- CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- ASSESSOR – JUNE PROPERTY TRANSFERS: A/V $390,200.00: S/P $920,000.00: (+529,800.00)
Mrs. Golley said that was only on two sales.
Mr. Pfeil asked what “not listed for sale” means on the report.
Mrs. Golley said it was a private sale, so it was not on the market, so the public didn’t get to see it.
- CHARTER/SPECTRUM, Mark Meyerhofer – Notice of Program Changes 11/22 (New York State Legislative Channel in High-Definition channels 82 & 229)
- TRANSFER INSPECTION 10/4/2022 – COMPLIANT
- TOBACCO – FREE CHAUTAUQUA, CATTARAUGUS, ALLEGANY – Prohibits the smoking of tobacco and cannabis on any municipal or state operated park.
Mr. Yates asked if we must post signs.
Mrs. Johnson said we should pass a resolution to except this law. She said it was discussed previously but it was never put into writing. Mrs. Johnson said you do have to post signs.
Mr. Yates said we will have a resolution ready for the next meeting and asked Mr. Karlson if he can research signs. He said we will need them at Butts Park, Stow Landing, Ashville Commons, and the Veterans Park.
Mrs. Johnson said they must be specific they can’t just cover tobacco they have to cover cannabis and vaping.
Mrs. Gibbs said vaping was excluded by New York State law.
Mr. Yates said to send him a copy and he will figure it out.
- OLD BUSINESS
- NEW BUSINESS:
- TOWN OFFICE HOLIDAY CLOSURES – 12/26/2022 & 1/2/2023 in observance of the Christmas and New Year Holidays.
- PPP FUTURE DEVELOPMENT – Gas Connection and Sales Agreement.
Mr. Yates said he is going to refrain from this conversation. He asked for the attorney present to comment on the contract. He said if the board decides not to sign the contract, the town has a backup plan with Scott Sampson, and they can be hooked up to gas at the price of $4,900.00 same as discussed at a previous meeting (refer to 3/14/2022 minutes) earlier this year and Northrup can do the work. He said Mr. Sampson is the only one that has a back up with National Fuel and PPP does not.
Mrs. Johnson said Mr. Robins and herself have reviewed the contract from PPP and they have concluded that this contract does not provide any benefit or protection to the town. She said their legal opinion is they would not recommend using PPP.
Mr. Senske said he agrees but he feels the board needs to see something from Mr. Sampson before they make that decision.
Mr. Yates said he asked Mr. Sampson for a quote and the price of gas will be what the state regulates for our area, and Mr. Sampson is forwarding that contract to us.
Mrs. Johnson said she would also recommend that Northrup turn in a written quote as well.
Mr. Yates said that will be from Mr. Sampson because it is his gas line. He said we already signed an agreement with Mr. Sampson last year.
Mr. Pfeil asked who provides gas to the town building.
Mr. Yates said PPP
Mr. Pfeil asked who provides gas at the Fire Department.
Mr. Yates said PPP and they are in litigation with them right now as well.
Mr. Pfeil asked if the fire department has had any problems with PPP.
Mr. Karlson said yes. He said they have shut their gas off. Mr. Karlson said there are attorneys
involved with the issues at the fire department.
Mr. Pfeil asked if the town building has ever had their gas shut off.
Mr. Yates said no but they have at the fire district.
Mr. Sena asked what the $1.50 on the contract from PPP was for. He said he doesn’t know what that means.
Mr. Senske said he assumes it is for the state rate plus $1.50.
Mr. Lawson said many homeowners have had issues with PPP.
Mr. Pfeil said he has had gas from Chautauqua Utilities since 2006 and he hasn’t had a problem and hasn’t heard of any issues.
Mr. Sena said he has had issues with Chautauqua Utilities. He said when they cut the line they went around and shut off everyone’s gas without telling anybody then didn’t turn it back on. He said he called his plumber because he thought something was wrong with the heater and there wasn’t any gas.
Mr. Yates said it has been explained before that their back up which is National fuel was working on their lines during that issue, but that problem has been resolved and there shouldn’t be any future issues. He said Chautauqua Utilities usually has a constant backup. Mr. Yates said he needs authorization from the board to move forward with Mr. Sampson. He said we already turned in an application last year with Mr. Sampson, it was approved, and he feels we need to move forward. He said he will get a contract and a quote for hookup and get it to the board.
Mr. Sena said we couldn’t do it before because the brine tanks needed removed but now that they are gone they can move forward. He said he feels they should do it formally.
- MOTION # 164-2022
MR. SENA MOTIONED TO ACCEPT THE PPP CONTRACT. THERE WAS NO SECOND. THE MOTION WAS NOT CARRIED.
- MOTION # 165-2022
MRS. ORTMAN MOTIONED TO AUTHORIZE THE SUPERVISOR TO REQUEST A CONTRACT FROM SCOTT SAMPSON WITH CHAUTAUQUA UTILITIES AND REVIEW IT AS A BOARD. MR. SENSKE SECONDED.
Discussion
Mr. Pfeil asked how long before the existing contract needs completed.
Mr. Yates said PPP wants it signed tonight and we do not currently have a contract.
Mr. Pfeil asked if PPP legally must notify us before they shut off the gas.
Mrs. Johnson said she can’t say for sure that he will do everything legally so realistically they will want the have a contract with Mr. Sampson within a week so it can be reviewed and started.
Mr. Karlson said it is going to be cold this weekend and there are no promises that the gas won’t get shut off at the highway building.
Mr. Sena said he can’t legally turn it off.
Mr. Karlson said that hasn’t stopped him in the past.
Mr. Sena asked if the highway has a way to heat like a torpedo.
Mr. Karlson said they have one but it won’t heat the whole building so they would have to rent equipment because they have water lines through the whole building.
Mr. Yates said he will hold an emergency meeting as soon as he receives a contract.
Mr. Senske said the contract from PPP is dated September 16, 2022, so it is almost two months old. He said we put ourselves in this situation.
Mr. Yates said he didn’t get it to him quick enough. He said that’s his date and that they didn’t receive it then.
Mr. Karlson said it was sent to the wrong address first.
Mrs. Miller said the received date on the envelope was 10/5/2022.
Mr. Yates said it will take five to seven days to do the push. He said they can get it done in a week. He said we have already signed an agreement that’s how we got the price. Mr. Yates said he will get the contract the next day so they can move forward.
YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- HIGHWAY DEPARTMENT – NEW HIRE
Mr. Yates said Mr. Karlson has a position to fill with winter coming. He said he has a perspective. Mr. Yates said he is qualified to drive the truck. He said he has a CDL and has experience. He said Mr. Karlson needs to move into two shifts and this new hire would help accomplish this and the board is in charge to hire because of Mr. Karlson’s position. He said the board needs to authorize Mr. Karlson to hire and if the board would like to call in the individual for a personal interview that’s fine.
Mr. Karlson said with the potential snow this week they need to have two shifts. He said this individual has four years of experience.
Mr. Sena asked if Mr. Karlson has a resume to share with the board.
Mr. Karlson said he does but he didn’t bring it.
MRS. ORTMAN MOTIONED TO AUTHORIZE MR. KARLSON TO HIRE A NEW EMPLOYEE AT THE HIGHWAY DEPARTMENT AT $18/HR. MR. SENSKE SECONDED. YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- BAN PAYMENT – BOCES ROAD PUSH (due 11/18/22 Principal $31,200.40) – RENEW BAN $20,210.66
Principal : $ 31,200.40
TOTAL PRINCIPAL PAYMENT: $ 10,989.74
Unexpended Fund Balance- $ 0
INTEREST PAYMENT: 4.52% $ 1,410.26
Transfer to GF A1989.4 $ 600.00
TOTAL BALANCE to be PAID BY TONH ( $ 13,000.00 )
BAN RENEWABLE : 11/17/2023 $ 20,210.66
Mrs. Miller said the interest rate is 6.5%
Mr. Sena said BOCES reimburses the town for these payments.
- MOTION # 167-2022
MR. YATES MOTIONED TO AUTHORIZE PAYMENT ON THE BOCES ROAD PUSH BAN DUE ON 11/17/2022 AS FOLLOWS.
BAN PAYMENT – BOCES ROAD PUSH (due 11/18/22 Principal $31,200.40) – RENEW BAN $20,210.66
Principal : $ 31,200.40
TOTAL PRINCIPAL PAYMENT: $ 10,989.74
Unexpended Fund Balance- $ 0
INTEREST PAYMENT: 4.52% $ 1,410.26
Transfer to GF A1989.4 $ 600.00
TOTAL BALANCE to be PAID BY TONH ( $ 13,000.00 )
BAN RENEWABLE : 11/17/2023 $ 20,210.66
MR. SENSKE SECONDED. YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- LL #5-2022 – ZONING LAW
Mr. Lawson said we need to set a public hearing for the law for it needs to be approve by the end of December.
Mrs. Johnson said it can be set before the next Town Board Meeting.
Mr. Yates said to set the Public Hearing for 12/12/2022 at 6:30PM before the next board meeting.
- MOTION # 168-2022
MR. SENSKE MOTIONED SET THE PUBLIC HEARING ON PROPOSED LOCAL LAW # 5-2022 ON DECEMBER 12, 2022, AT 6:30PM. MR. SENSKE SECONDED. YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon read the following court report into the record.
- We reappointed Jay Churchill to the Airport Commission.
- We held two public hearings and passed several resolutions required in the pursuit of Federal Infrastructure funds for rehabilitation projects in the Portland Pomfret Dunkirk Sewer District and the North County Industrial Water District.
- We accepted a $193,463 award from the NYS Division of Criminal Justice Services for the Gun Involved Violence Elimination Task Force to reduce gun violence, drug offenses, and other violent crimes.
- We authorized agreements with Frewsburg and Pine Valley Central Schools to provide school resource officer services.
- We authorized utilization of Opioid Settlement funds to bring motivational speaker Chris Herren to speak with students in the Bemus Point, Brocton, Chautauqua Lake, Dunkirk, Falconer, Fredonia, Frewsburg, Sherman and Southwestern School Districts on the topics of substance use disorder and wellness by sharing his story, which has helped renew the focus on prevention education and challenged audiences to rethink how we look at the disease of addiction.
- We approved a one-year extension to the labor contract with CSEA Unit 6300, including a wage increase of 3% and a $750 bonus.
HOWARD PEACOCK, JUSTICE
Mr. Yates read the following court report into the record.
COURT REPORT FOR THE MONTH OF
OCTOBER 2022
November 15, 2022, Board Meeting
$35,692.00 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 October 2022. We opened 201 new cases and closed 229 cases.
Respectfully Submitted,
Katie A. Zimmer
Court Clerk
November 1, 2022
BEN KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Karlson said they sold truck number 12 through auctions international for an amount of $14,600.00. He said on 12/3/2022 M.E.O. Steven Pfeil will be due for a $1/hr. raise
MR. SENSKE MOTIONED TO AUTHORIZE M.E.O. STEVEN PFEIL A $1/HR RAISE EFFECTIVE 12/3/2022 ($21/HR; $31.50/HR OT). MR. PFEIL SECONDED. YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
Mr. Pfeil thanked Mr. Karlson for responding to issued during the hard rain the town had. He said he came out numerous times to fix clogging in the ditch and it was finally resolved.
BRAD LAWSON, ZONING CEO (Copy of Report in Minute Book)
Mr. Lawson reviewed his report for those present.
ANNE GOLLEY, ASSESSOR
TOWN OF NORTH HARMONY
ASSESSOR’S REPORT
November 2022
In November the office has sent out the 2023 exemption renewals to the property owners. They will need to reapply by March 1, 2023.
The 2022 assessment roll will be forwarded this month to the County office for calculation of tax rates for Town and County tax bills.
Thank you for your continued support of the Assessor’s Office. Have a wonderful Thanksgiving!
JOHN STOW, DCO
Mr. Yates read the following report into the record.
We had a lot of calls this month. Most of the calls were for dogs running away and coming back shortly after. The other calls were for a dog bite incident, a runaway husky, chasing a dog down the road and a dog in a “bear” trap which turned out to be a legal coyote trap and the dog is fine.
The dog bite incident occurred between two feuding neighbors though the one party was not involved. A third party walking the dogs for the other neighbor dropped the leash to great the other individual. There was a small nip. No dangerous dog filings occurred as it was not a vicious attack but more of an excited nip. The owner was found to have failed to license his dogs; therefore, an appearance ticket was issued. On the way to serve this ticket I observed a dog running down the road. I recognized the dog and tried to catch it, but four legs were much faster than my two fat ones. His parents were notified.
The last call was for a husky found on Chautauqua Ave. Upon arrival at the Humane Society, they discovered a microchip. It turns out the dog escaped from its owner during the Iditarod race in Alaska. Through blizzard, frozen tundra, beautiful Boreal forests, across the northern plains, skirting the great lakes to find itself on the shores of Chautauqua Lake and into the fictional story included in this.
John Stow, DCO
STEPHANIE GIBBS, DEPUTY TOWN CLERK (Copy of Report in Minute Book)
Mrs. Gibbs said she had nothing further to add to her written report.
ROB YATES, SUPERVISOR (Copy of Report in Minute Book)
- MOTION # 170-2022
MRS. ORTMAN MOTIONED TO AUTHORIZE PAYMENT ON THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $46,454.01
HIGHWAY FUND $38,499.56
MR. SENA SECONDED. YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- MOTION # 171-2022
YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
EXECUTIVE SESSION
- MOTION # 172-2022
MR. PFEIL MOTIONED TO ADJOURN THE REGULAR MEETING AT 7:56 PM AND ENTER INTO EXECUTIVE SESSION TO DISCUSS AN EMPLOYEE. MR. SENA SECONDED. YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- MOTION # 173-2022
MR. SENSKE MOTIONED TO CONCLUDE THE EXECUTIVE SESSION AND ADJOURN THE MEETING AT 8:31 PM. MRS. ORTMAN SECONDED. YES (5): ORTMAN, SENA, PFEIL, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
Stephanie N. Gibbs
Deputy Town Clerk
