TOWN BOARD MEETING
MONDAY JANUARY 9, 2023, 7:00 PM
ROBERT YATES, SUPERVISOR PRESENT
RICHARD SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT (VIA ZOOM)
OTHERS PRESENT: Brad Lawson, Zoning CEO; Robin Miller, Bookkeeper; Ben Karlson, Highway Superintendent; Stephanie Gibbs, Deputy Town Clerk; Howard Peacock, Town Justice; Kelly Johnson, Attorney; Clayton & Helen Emick
- PLEDGE
- MINUTES: 12/28/2022
- MOTION # 9-2023
MR. SENSKE MOTIONED TO ADOPT THE MINUTES OF THE 12/28/2022 BOARD MEETING AS PRESENTED BY THE DEPUTY TOWN CLERK. MR. SENA SECONDED. YES (4): ORTMAN, SENA, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
- SNOW TOTALS:
OCTOBER: 4 INCHES
NOVEMBER: 30 ¼ INCHES
DECEMBER: 21 ½ INCHES
TOTAL: 55 ¾ INCHES
- PUBLIC COMMENT:
Mr. Emick asked about the Lake Agency and the possibility of forming a Lake District.
Mr. Yates said there will be a meeting held at the Lawson Center dealing with that topic.
Mrs. Emick said at the previous meeting the public was not able to speak.
Mrs. Ortman said that meeting was for the Agency and the Consultants. She said there were other meetings open for public discussion.
Mr. Yates said the best thing to do is meet with Mrs. Ortman and attend the meeting at the Lawson Center.
Mrs. Ortman said just to clarify the meeting that will be held at the Lawson Center is not a Lake Agency meeting it is an informational meeting and everyone is able to attend.
- CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- TOWN OF NORTH HARMONY LL 5 OF 2022- FILED 12/20/2022 WITH NYS
Mrs. Gibbs said the LL #5 of 2022 Zoning Law has been filed with the state.
- CHARTER/SPECTRUM, Mark Meyerhofer – Notice of Program Changes – LISTED PRICE CHANGES WILL TAKE EFFECT ON OR AFTER 1/17/2023.
| Services/Products/Equipment | Change |
| Broadcast TV Surcharge | Will increase by $1.20/month. |
| Spectrum TV Select | Will increase by $5.00/month. |
| Spectrum TV Silver | Will increase by $5.00/month. |
| Spectrum TV Gold | Will increase by $5.00/month. |
| Spectrum Mi Plan Latino | Will increase by $2.00/month. |
| Spectrum Mi Plan Latino Silver | Will increase by $2.00/month. |
| Spectrum Mi Plan Latino Gold | Will increase by $2.00/month. |
| Spectrum Lifestyle Plan | Will increase by $2.00/month. |
| Spectrum Lifestyle Plan Silver | Will increase by $2.00/month. |
| Spectrum Lifestyle Plan Gold | Will increase by $2.00/month. |
| Spectrum Digital Receivers | Each will increase by $1.00/month. |
| Spectrum Digital Terminal Adapters | Will increase by $1.00/month. |
| Cable Cards | Will increase by $3.05/month. |
Mrs. Gibbs said the legal notice is on the website and the bulletin board as you walk into the town building.
- SOUTHERN TIER WEST REGIONAL DEVELOPMENT BOARD
Mr. Yates said it’s an invoice and asked if this is something we are going to use.
Mr. Karlson said the GIS invoice is from him doing a study back in the spring. He said in the fall he went to a training, and they were able to get an app on their phone and take pictures and send them. He said it is $600 a year and he doesn’t really want to pay something that they are unsure if they will use it. He said we can just wait on it for now.
- ANNUAL UPDATE DOCUMENT EXTENSION
Mr. Yates said he would like a resolution to contact the comptroller’s office to request an extension on the annual update document for the year 2022.
- MOTION # 10-2023
MR. SENA MOTIONED TO ALLOW MR. YATES OR MRS. MILLER TO REQUEST AN EXTENSION FOR ANNUAL UPDATE DOCUMENTS FOR THE YEAR 2022 FROM THE COMPTROLLER’S OFFICE. MRS. ORTMAN SECONDED. A ROLL CALL VOTE WAS TAKEN BY MRS. GIBBS, DEPUTY TOWN CLERK OF THE FULL FOUR VOTING MEMBERS PRESENT:
Robert Yates, Supervisor Yes
Louis Ortman, Council Yes
Richard Sena, Council Yes
Steve Senske, Council Yes
THE MOTION WAS CARRIED.
- OLD BUSINESS
- MAPLE GROVE CEMETERY TREE REMOVAL QUOTE:
TREE REMOVAL $1,800.00
STUMP $ 200.00
CLEANUP $ 100.00
Mr. Yates said Mr. Knowlton, Cemetery Sextant contacted him about an oak tree to the north side of the cemetery drive way by Brook St. in the Maple Grove Cemetery. He said there is a large oak tree and there are two cemetery lots that have been sold right by the root system. Mr. Yates said if Mr. Knowlton uses those lots the tree will end up dying. He said instead of letting the tree die it would be in the towns best interest to remove that tree. Mr. Yates said he has contacted Maple Springs Tree Services. He said the town has used them in the past, they are well under the procurement policy, and the town has a good track record with them. He said when Maple Springs comes to remove the tree, they will contact Mr. Knowlton to have the headstones and footers removed so they can grind the stumps without ruining them. Mr. Yates said we will use the cemetery funds to do this work.
- MOTION # 11-2023
MR. YATES MOTIONED TO AUTHORIZE THE SUPERVISOR TO MAKE ARANGEMENTS WITH MAPLE SPRINGS TREE SERVICES TO REMOVE THE OAK TREE IN MAPLE GROVE CEMETERY. MRS. ORTMAN SECONDED.YES (4): ORTMAN, SENA, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- CORRECTIONS TO SALARIES/APPOINTMENTS
- MOTION # 12-2023
MRS. ORTMAN MOTIONED TO ENTER THE CORRECTIONS TO THE SALARIES AND APPOINTMENTS SCHEDULE INTO THE MINUTES AS APPENDED TO THESE MINUTES. MR. SENA SECONDED. YES (4): ORTMAN, SENA, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- WATER FEASIBILITY STUDY IS READY TO REVIEW – COPIES AVAILABLE – SEE TOWN SUPERVISOR
Mr. Yates said we have received the water feasibility study and copies are available at the Town office to view.
- PLANNING BOARD – SIX-MONTH MORATORIUM ON NEW CONSTRUCTION IN THE TC DISTRICTS TO INCLUDE 1,000 FT. ON EACH SIDE OF ROUTE 394 FROM BOCES TO THE TOWN LINE OF THE TOWN OF CHAUTAUQUA.
Mr. Lawson asked if that moratorium was a done deal and if that is what the town really wants.
Mr. Sena said the Planning Board was unanimous about have a moratorium due to not having any guidelines. He said the idea was to get the moratorium going as soon as possible to get some guidelines before building season comes.
Mr. Lawson asked if it was just for developments.
Mr. Senske said it was for all new construction.
Mr. Lawson said he feels that to be harsh. He said if somebody buys a piece of property on Route 394 and wants to build a single-family home, they wouldn’t be able to.
Mr. Sena said it is only for six months.
Mrs. Ortman asked if someone already has a house and wants to build a garage would that be allowed.
Mr. Lawson said no because that is considered new construction.
Mr. Yates said they need to get more clarification at the Planning Board meeting.
- NEW BUSINESS:
- PAYMENTS IN ADVANCE OF AUDIT – PUBLIC UTILITY SERVICES – RESOLUTION
Mr. Yates said there are payments allowed in advanced of audit including utility services and postage.
Mrs. Miller said along with donations budgeted such as the amount allotted to the Ashville Fire District, the Ashville Fee Library, the Senior Citizens Center, and Access 5.
Mr. Yates said he isn’t sure about those items, but he does feel the public utilities need to be paid on time because we are dealing with late fees and it is creating difficulties in those bills.
Mr. Sena said he would agree with utilities and postage being paid before audit but anything else can wait until they are audited.
- MOTION # 13-2023
MR. SENSKE MOTIONED TO MAKE A RESOLUTION TO ALLOW PREPAYMENTS OF THOSE CATAGORIES SPECIFIED BY THE STATE COMPTROLLERS’ OFFICE. MRS. ORTMAN SECONDED. A ROLL CALL VOTE WAS TAKEN BY MRS. GIBBS, DEPUTY TOWN CLERK OF THE FULL FOUR VOTING MEMBERS PRESENT:
Robert Yates, Supervisor Yes
Louis Ortman, Council Yes
Richard Sena, Council Yes
Steve Senske, Council Yes
THE MOTION WAS CARRIED.
- REPORTS:
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following court report into the record.
COURT REPORT FOR THE MONTH OF
DECEMBER 2022
January 9, 2023, Board Meeting
For the month of December:
$20,189.00 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 December 2022. We opened 151 new cases and closed 114 cases.
Respectfully Submitted,
Katie A. Zimmer
Court Clerk
January 9, 2023
Mr. Peacock said he had stated in the past that he would be retiring when his term was up but because they are terminating the term a year early, he will be seeking another 4 year term.
BEN KARLSON, DEPUTY HIGHWAY SUPERINTENDENT
Mr. Karlson Austin Davis is up for a $1/hr. raise as of February 9, 2023.
- MOTION #14-2023
MR. SENSKE MOTIONED TO AUTHORIZE M.E.O. AUSTIN DAVIS A $1/HR RAISE EFFECTIVE 2/9/2023 ($21/HR; $31.50/HR OT). MR. SENA SECONDED. YES (4): ORTMAN, SENA, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
Mr. Karlson said next month there will be a couple bills that are abnormal. He said the brush hog needs maintenance, 2 shoulder machines need maintenance, and engine #2 needs maintenance on the engine.
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
January 2023
In January, the office has been continuing with fieldwork, and receiving exemption renewals back into the office.
Tax bills have been sent out and the office has been fielding phone calls and providing any apportionments when needed.
Thank you for your continued support of the Assessor’s Office.
JOHN STOW, DCO
Mr. Yates read the following report into the record.
I had one phone call for a lost dog this month. The dog returned home shortly after the call.
In other news, while it was raining cats and dogs the other day, I almost stepped in a poodle.
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.
Mrs. Gibbs said there is a correction on the Town Clerk’s Annual Report. She said the report reflected 1 grave lot sale ate $3,250.00. She said 5 graves were sold to the same person and it was reflected in the notes that the individual purchased 5 graves at $650.00 each but the number of graves sold did not match. Mrs. Gibbs said she was able to correct the report to reflect the correct number of graves sold.
ROB YATES, SUPERVISOR (Copy of Report in Minute Book)
Mr. Yates said he has nothing further to add to his written report.
- MOTION # 15-2023
MRS. ORTMAN MOTIONED TO AUTHORIZE PAYMENT ON THE FOLLOWING VOUCHERS AS REVIEWED AND AUDITED EARLIER:
GENERAL FUND $43,271.29
HIGHWAY FUND $80,758.08
MR. SENA SECONDED. YES (4): ORTMAN, SENA, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- MOTION # 16-2023
YES (4): ORTMAN, SENA, YATES, SENSKE. NO (0). THE MOTION WAS CARRIED.
- MOTION # 17-2023
A MOTION MADE BY MR. SENA, SECONDED BY MRS. ORTMAN, AND NONE BEING APPOSED, THE MEETING WAS ADJOURNED AT 8:55 PM.
Stephanie N. Gibbs
Deputy Town Clerk
