TOWN OF NORTH HARMONY
TOWN BOARD MEETING/PUBLIC HEARING
MONDAY, 12/12/2022 6:30PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL ABSENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Robin Miller, Bookkeeper; Jonathan Henck; Howard Peacock, Justice; Stephanie Gibbs, Deputy Town Clerk; Dan Thomas; Clayton & Helen Emick; Taylor West; Kelly Johnson, Attorney
- 6:30 PM –Public Hearing – Proposed LL #5 of 2022
Mr. Yates brought the Public Hearing to order at 6:30 PM
Public Hearing – Proposed LL #5 of 2022
A Local Law establishing a Local Government Code Enforcement Program and replacing and superseding in its entirety Local Law #2 of 2006
Mr. Yates said we must sign this law and adopt it by December 30, 2022. He said we can sign it tonight or at the year end meeting. He said he would like to add it to New Business for the regular board meeting. Mr. Yates discussed Section 8 on Inspections and Fees.
Mrs. Johnson said if we want to charge any fees the public has the right to know about those fees.
Mr. Yates said we will need to hire another individual in order to meet the expectations of this law.
Mrs. Johnson said we are required to comply with this law, and we cannot take anything out of this law.
Mr. Yates said the law states all these inspections and permits need to be on file and open to the public at any time and open for review for an audit at any time during business hours. He said we need to abide by this law to the best of our abilities.
Mrs. Johnson said this law will go into effect January 1, 2023.
Mr. Yates asked if we could adopt this law and deal with the fees later.
Mrs. Johnson said yes. She said the law needs passed before the end of the year and we can add to it. Mrs. Johnson said if we amend fees, we need to have them written and have a public hearing to pass the fees.
Mrs. Emick asked who enforces the fees.
Mr. Pfeil said they can be given an appearance ticket and that would be through the court.
- MOTION # 164 OF 2021
ON A MOTION MADE BY MR. SENSKE, SECONDED BY MR. SENA, AND NONE BEING OPPOSED, THE HEARING WAS ADJOURNED AT 6:59 PM.
Stephanie Gibbs
Deputy Town Clerk
REGULARLY SCHEDULED TOWN BOARD MEETING 7:00 PM
Mr. Yates brought the Town Board Meeting to order at 7:05 PM
- PLEDGE AND PRAYER
- 11/10/2022; 11/14/2022; 11/29/2022
Mrs. Johnson said she would like to make an amendment to the 11/14/2022 minutes. She said it states in the minutes when discussing the Tobacco – Free Chautauqua, Cattaraugus, Allegany that Mrs. Johnson said we should pass a resolution to except this law. She said we need to create a law not a resolution.
Mr. Emick said in Motion #168 of 2022 in the 11/14/2022 minutes it says Mrs. Senske and is should be Mr. Senske.
- MOTION # 165 OF 2021
MR. SENA MOTIONED TO ADOPT THE MINUTES OF THE 11/10/2022, 11/14/2022 (with corrections) AND 11/29/2022 TOWN BOARD MEETINGS AS PRESENTED BY THE CLERK. MR. SENSKE SECONDED. YES (4): SENA, YATES, SENSKE, PFEIL. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- PUBLIC COMMENT:
DAN THOMAS – TOWN HISTORIAN
Mr. Thomas presented his resignation letter for Town Historian to the board. He spoke on his experience as Town Historian. Mr. Yates thanked Mr. Thomas.
- CORRESPONDENCE: The following correspondence has been received by the Supervisor and is available for review:
- CHARTER/SPECTRUM, Mark Meyerhofer – Notice of Program Changes – MSG Plus rebranded to MSG Sportsnet and MSG Plus 2 rebranded to MSG Sportsnet 2; Cease Carriage of Azteca America Network Ch. 806.
- OLD BUSINESS:
- RESOLUTION # 166 OF 2022
MR. SENSKE MOTIONED TO AMEND MOTION 146 OF 2022 TO USE $10,000.00 OF ARPA FUNDS FROM THE STOW FERRY PARK AND ADDING IT TO THE $185,000.00 FOR THE HIGHWAY EQUIPMENT TO PURCHASE A NEW TRUCK BRINGING THAT TOTAL TO $195,000.00. MR. PFEIL SECONDED. YES (4): SENA, YATES, SENSKE, PFEIL. NO (0). THE MOTION WAS CARRIED.
- SEWER UPDATE
Mr. Yates said we went out for the RFP for Phase 2 and GHD was awarded the contract. He said we went to negotiations three times, and they came in a little over $1.6 million. He said this week we will be in the final stages of financing for Phase 2. Mr. Yates said it is very possible to go out to bid in March. He said the plan from the Sewer Board is it to have Phase 1 up and running by the fall of 2023.
- SINGLE TOWN JUSTICE – RESOLUTION ADOPTING JOINT PLAN
Mr. Senske read the Resolution into the minutes.
RESOLUTION ADOPTING JOINT PLAN
WHEREAS, pursuant to section 106-b of the Uniform Justice Court Act, the Towns of Harmony and North Harmony undertook a study relating to the election of a single justice to preside in the town courts of the two participating towns, and
WHEREAS, due notice was published in the official newspaper of the Town of North Harmony that the study had been concluded and that a public hearing would be held on November 29, 2022, at 6:00 p.m. at the Town of North Harmony Town Offices located at 5350 Stow Road, Ashville, New York 14710; and
WHEREAS, a public hearing was held by the Town of North Harmony on said date and time to consider the study and the proposed Joint Plan of the Towns; and
WHEREAS, the Town of North Harmony has determined that it will participate in the Joint Plan providing for the election of a single town justice to preside in the town courts of the two towns as more particularly set forth in the Joint plan:
NOW, THEREFORE BE IT
RESOLVED, that the Town of North Harmony hereby adopts the Joint Plan of the Towns of Harmony and North Harmony pursuant to the provisions of subdivision 4 of section 106-b of the Uniform Justice Court Act of the State of New York.
- RESOLUTION # 167 OF 2022
COUNCILMAN SENA MADE THE MOTION, SECONDED BY COUNCILMAN YATES THAT THE TOWN OF NORTH HARMONY TOWN BOARD ACCEPTS THE RESOLUTION ADOPTING THE JOINT PLAN OF THE TOWN OF HARMONY AND NORTH HARMONY. MOTION CARRIED
ADOPTED:
SUPERVISOR YATES – AYE
COUNCILWOMAN ORTMAN – ABSENT
COUNCILMAN SENA -AYE
COUNCILMAN SENSKE – AYE
COUNCILMAN PFEIL – AYE
JOINT RESOLUTION OF THE TOWNS OF HARMONY AND NORTH HARMONY
ADOPTED PURSUANT TO SUBDIVISION 5 OF SECTION 106-B OF THE
UNIFORM JUSTICE COURT ACT OF THE STATE OF NEW YORK
Pursuant to subdivision 5 of the section 106-b of the Uniform Justice Court Act of the State of New York, be it jointly resolved by the Town Boards of the Towns of Harmony and North Harmony as follows:
- The number of Town Justices in the Town of Harmony is one, now filled by the Honorable Mark Stow and the number of Town Justices in the Town of North Harmony is one, now filled by the Honorable Howard Peacock. Terms for both Town Justices end in 2023. It is anticipated that if the State Legislature timely enacts this Joint Resolution, the justice positions will be reduced to one justice who will preside over both town courts, and the first general election covering both towns will be held in November 2023, with the single justice elected, whose four-year term will begin on January 1, 2024. Both Towns will continue to maintain separate finances and case reporting in their courts and shall retain their portion of fines levied as New York State Law Requires. The Towns will enact a shared-facilities agreement establishing the Town of North Harmony Town Court as the physical location from which both courts will operate beginning as soon as the consolidation process is completed and approved. Each Town will be responsible for the annual costs of its court as agreed upon in the Joint Consolidation Plan and as may be amended from time to time.
- Upon adoption of this Joint Resolution by the Towns of Harmony and North Harmony, this Joint Resolution shall be forwarded to Senator George Borrello and Assemblyman Andy Goodell for introduction to the New York State Legislature and shall constitute a municipal home rule message pursuant to Article Nine of the New York State Constitution and the Municipal Home Rule Law.
- This Joint Resolution shall not take effect until State legislation enacting this Joint Resolution shall have become law.
- RESOLUTION #168 OF 2022
COUNCILMAN SENA MADE THE MOTION, SECONDED BY COUNCILMAN PFEIL TO ACCEPT THE JOINT RESOLUTION OF THE TOWNS OF HARMONY AND NORTH HARMONY ADOPTED PURSUANT TO SUBDIVISION 5 OF SECTION 106-B OF THE UNIFORM JUSTICE COURT ACT OF THE STATE OF NEW YORK. MOTION CARRIED
ADOPTED:
SUPERVISOR YATES – AYE
COUNCILWOMAN ORTMAN – ABSENT
COUNCILMAN SENA -AYE
COUNCILMAN SENSKE – AYE
COUNCILMAN PFEIL – AYE
- ADOPT LL #5-2022 – GOVERNMENT CODE ENFORCEMENT PROGRAM
- RESOLUTION # 169 OF 2022
RESOLUTION BY: MR. SENSKE
2ND BY: MR. PFEIL
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF NORTH HARMONY TO ADOPT LOCAL LAW #5 OF 2022 ESTABLISHING A LOCAL GOVERNMENT CODE ENFORCEMENT PROGRAM AND REPLACING AND SUPERSEDING IN IT’S ENTIRETY LOCAL LAW #2 OF 2006. A ROLL CALL VOTE WAS TAKEN BY THE DEPUTY TOWN CLERK OF THE FULL FOUR VOTING MEMBERS PRESENT:
Robert Yates, Supervisor Yes
Louis Ortman, Council Absent
Richard Sena, Council Yes
Mike Pfeil, Council Yes
Steve Senske, Council Yes
- CHAUTAUQUA LAKE AND WATERSHED MANAGEMENT ALLIANCE
Mr. West spoke about the ball creek stabilization and presented a resolution to the board
MR. PFEIL MOTIONED TO ADOPT THE FOLLOWING RESOLUTION IN AGREEMENT TO THE BALL CREEK STABILIZATION PROJECT WATER QUALITY IMPROVEMENT PROJECT
Ball Creek Stabilization Project Water Quality Improvement Project Agreement
WHEREAS, Chautauqua Lake is an invaluable asset to Chautauqua County but has been designated an impaired water body and its health and usability are threatened, and
WHEREAS, Contractor, Alliance, and Chautauqua Watershed Conservancy have partnered for the Ball Creek Stabilization Project (“Project”), to address erosion and stability issues along a problematic stretch of Ball Creek within the Town of North Harmony that will have a positive impact on the environmental health of Chautauqua Lake, and
WHEREAS, Contractor was awarded a Round 17 Water Quality Improvement Project (“WQIP”) Grant #C01706GG from the New York State Department of Environmental Conservation (“DEC”), and
WHEREAS, Contractor plans to retain the services of qualified professional service and construction firms to conduct the Project in accordance with the DEC grant requirements, and
WHEREAS, Alliance desires to use funds from the Alliance-foundation Match Fund for a contribution toward the local match associated with the Project, and
WHEREAS, Alliance is authorized to enter into this Agreement pursuant to Board of Directors approval via electronic mail vote dated July 20, 2021,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
- Contractor shall retain the services of qualified professional service
and construction firms to complete Project design and oversee construction and complete the stream stabilization project. Contractor and its subcontractors shall complete all work necessary to conditions to be set forth in State Assistance Contract #01706GG.
- Alliance shall pay Contractor a maximum sum not to exceed Seven
Thousand One Hundred Thirty-Six and No/100 Dollars ($7,136.00). Payment shall be made upon execution of this Agreement. If upon completion of the Project and acceptance by DEC, the total project cost does not meet or exceed the projected total cost upon which the Alliance match commitment was based ($219,390.00), Contractor shall return the unused share of the Alliance match funding to the Alliance upon request. The confirmation of the final, total project costs shall be provided to the Alliance in from and
content approved by the Alliance Executive Director or duly authorized subordinate and accompanied by such fiscal records and documentation as may be reasonably requested by Alliance.
- This Agreement shall commence as of January 1, 2022, and shall
terminate May 9, 2026, provided either party can terminate this Agreement with or without cause upon thirty (30) days advance written notice to the other party, with accounts to be prorated, adjusted, and settled as of the date of such cancellation or termination. Alliance may immediately terminate this Agreement in writing in the event Contractor fails to comply with the provisions hereof.
As evidenced below, the parties have executed this Agreement as of the date first set forth above.
MR. SENSKE SECONDED. YES (4): SENA, YATES, SENSKE, PFEIL. NO (0). THE MOTION WAS CARRIED.
- NEW BUSINESS:
- BURIAL COSTS – INFANT BURIALS $275.00; CREMATION BURIAL $400.00; FULL BURIAL $800.00
Mr. Yates said he feels the infant burials are cheaper due to hardship. He said he doesn’t feel we need to make any changes to burial costs at this time.
- END OF YEAR VOUCHERS – Deadline for all vouchers is Wednesday, December 21, 2022
- YEAR END MEETING – Wednesday, December 21, 2022, at 6:00PM.
- ORGANIZATIONAL MEETING – Tuesday, January 3, 2022, at 6:00PM
- HIGHWAY DEPARTMENT – LAW 149 (DITCHES)
Mr. Yates said this law will basically state that residents can not use the town ditches for electric, drainage or anything else.
Mrs. Johnson said we are not passing a state law because it already exists. She said it allows us to put a policy in place where if someone wants to put something in that town right of way, they will need a permit from the highway superintendent and the highway superintendent needs check to make sure they are complying with placement and they are following what the permit says.
Mr. Yates said we need to have something in place that Mr. Karlson can enforce. He said in the past they have had power lines buried in the town’s ditch and when they go to clean out the ditch, they end up cutting lines.
Mrs. Johnson said she must write a law, but Mr. Karlson was seeking a motion from the board to authorize her to write the law.
- MOTION # 171 OF 2022
MR. SENSKE MOTIONED TO AUTHORIZE MRS. JOHNSON, ATTORNEY TO CREATE A LAW WITH A POLICY ON TOWN DITCHES. MR. PFEIL SECONDED. YES (4): SENA, YATES, SENSKE, PFEIL. NO (0). THE MOTION WAS CARRIED.
- HIGHWAY EQUIPMENT RESERVE – AMEND 2022 BUDGET TO INCLUDE SALE OF EQUIPMENT $14,957.00.
- RESOLUTION # 172 OF 2022
MR. SENSKE MOTIONED TO AMEND THE 2022 BUDGET TO CREATE A HIGHWAY EQUIPMENT RESERVE FUND AND TO INCLUDE $14,957.00 FROM THE SALE OF EQUIPMENT. MR. PFEIL SECONDED. YES (4): SENA, YATES, SENSKE, PFEIL. NO (0). THE MOTION WAS CARRIED.
- HIGHWAY DEPARTMENT – INSURANCE CLAIM
Mr. Yates said there was an insurance claim on the Highway Department. He said while the plows were out plowing one of the drivers were backing up in the plow and a resident of the town was backing out of their driveway and hit the back of the plow truck. He said all the lights were working on the plow. Mr. Yates said the town is not liable.
- REPORTS
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon read the following report into the record.
- Last month the Legislature adopted Local Laws doubling Real Property Tax Exemptions for War Veterans, Combat Veterans, Disabled Veterans, Cold War Veterans and Cold War Disabled Veterans.
- We adopted a moderate increase to the Land Fill and Transfer Station fees including a 3% increase to Municipal Solid Waste.
- We allocated $112,000.00 of ARPA funds that were no longer needed for other projects to an urgently needed jail assessment that the state is requiring us to do because they are getting less than patient with our old section of the jail.
- We allocated $142,000.00 of occupancy tax funds to assist a collaboration of Chautauqua County, The Town of Chautauqua, The Village of Celeron, The Town of Ellicott, The Chautauqua Harbor Hotel, The Chautauqua Lake Partnership, and The Chautauqua Lake Association to improve lake maintenance activities in the south face of the lake. The money is going to purchase an additional Mobi track, conveyer and GPS equipment that will be purchased and licensed to The Town of Chautauqua to operate and maintain.
- We distributed mortgage taxes for the period of April 1 – September 30 of this year compared to the same period last year The Town of North Harmony decreased by 35%.
- We established equalization rates to be utilized in the apportioning 2023 county taxes and The Town of North Harmony is at an equalization rate of 76.2%.
ANNE GOLLEY, ASSESSOR
ASSESSOR’S REPORT
December 2022
In December, the office has been receiving back the renewals of the 2023 Aged exemptions and disability exemptions. Along with existing property owners switching over from the Basic STAR exemption to an Enhanced STAR exemption.
The 2023 assessment roll has been sent to the County office for calculation of tax rates for Town and County tax bills. Chautauqua County Real Property Tax Service has informed us that the printing of the tax bills are on schedule and collectors should receive them timely to begin collection in January 2023.
We are still reviewing building permits and doing fieldwork for the 2023 Assessment Roll.
Thank you for your continued support of the Assessor’s Office. Have a wonderful Christmas!
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report into the record.
COURT REPORT FOR THE MONTH OF
NOVEMBER 2022
$26,713.00 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 November 2022. We opened 107 new cases and closed 179 cases.
Respectfully Submitted,
Katie A. Zimmer
Court Clerk
December 6, 2022
BENNY KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Karlson was not present to give report.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson was not present to add to the report.
JOHN STOW, DCO
Mr. Yates read the following report into the record
We did not have any dog calls this month for stray dogs. I did receive one call for a lost dog, which came back soon after.
I had the pleasure of meeting the new, New York State Agricultural and Markets Inspector. She was a very nice gal, but most certainly cares much more about her job than the last inspector. All I’s will need to be dotted and Ts crossed. I happened to have a rather large bag of venison jerky with me that may or may not have helped my cause. Let’s just hope our future inspections land on deer season. All jokes aside, I learned more in two hours with her than in ten years with the previous inspector.
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.
ROBERT YATES, SUPERVISOR (Copy of Report in Minute Book)
Mr. Yates said he had nothing further to add to his written report.
- MOTION # 173 OF 2021
MR. SENA MOTIONED TO ACCEPT THE REPORTS OF THE TOWN CLERK AND SUPERVISOR AS PRESENTED. MR. SENSKE SECONDED. YES (4): SENA, YATES, SENSKE, PFEIL. NO (0). THE MOTION WAS CARRIED.
- MOTION # 174 OF 2021
MR. SENA MOTIONED TO APPROVE THE FOLLOWING VOUCHERS FOR PAYMENT AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $57,824.77
HIGHWAY FUND $33,851.37
MR. SENSKE SECONDED. YES (4): SENA, YATES, SENSKE, PFEIL. NO (0). THE MOTION WAS CARRIED.
- MOTION # 175 OF 2021
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:04 PM.
Stephanie Gibbs
Deputy Town Clerk
