A Motion Was Made to Approve the Minutes of the Public Hearings and Regular Monthly Meeting

SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 7, 2013

A motion was made to approve the Minutes of the Public Hearings and regular monthly Meeting of October 1, 2013 by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 0 nayes.

A motion was made to approve the Minutes of the Budget Workshop of October 16, 2013 by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 4 ayes, 0 nayes.

A motion was made to approve the Minutes of the Budget Workshop of October 18, 2013 by Sue Sauvageau and seconded by Duane Moore. No questions. Motion carried 4 ayes, 0 nayes.

Reports:

Dog Control Officer: The Dog Control Officer's Report states that one dog was impounded and one dog redeemed; six Appearance tickets were issued. A total of $10.00 in fees was collected and turned over to the Town Clerk.

A motion was made to accept the Dog Control Officer's report by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 0 nayes.

Zoning Officer: Mr. Earle noted that Mr. Turkett is not feeling well; the Board has a copy of his report.

A motion was made to accept the Zoning Officer's report by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 0 nayes.

Commissioner of Parks & Recreation: Mr. Spina noted that the Board has a copy of his report. He mentioned that the basketball season is up and running. He announced, with regret, the retirement of Esther Patti Young effective December 27th. She has been with the Center six years, and has done a great job streamlining all the things they do - she is a very solid representative of the Town of Seneca Falls Community Center. Mr. Morrell stated he spoke with Mr. Spina about the Civil Service requirements of the person to replace her in that position. He added the way Mr. Spina has this set up to have a bit of an overlap will be a real benefit to the person coming into that position. Mr. Spina stated he hopes that if everything goes well, they will have a name by the December Meeting to get someone started right away. Mr. Earle stated Esther Young will definitely be missed.

A motion was to accept the retirement of Esther Patti Young, with regret, by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 0 nayes.

A motion was made to accept Mr. Spina's report by Duane Moore and seconded by Emil Bove. No questions. Motion carried 4 ayes, 0 nayes.

Highway Superintendent: No report.

Assessor: Mrs. Loncosky mentioned that she is looking at new construction. She reminded people that are on the basic STAR exemption to re-register for that exemption through the State. The State has sent out letters, and will be sending out postcards to folks. She noted her Office is taking exemptions.

A motion was made to accept Mrs. Loncosky's report by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 0 nayes.

Attorney for the Town: Mr. Morrell stated within the past month, there has been a suit filed against the Town, Hackney vs. Town of Seneca Falls. He responded on behalf of the Town with a motion to dismiss, and there will be a formal answer forthcoming. A copy of the complaint and the motion will be with the Town Clerk. Mr. Moore asked what the Town was being sued about. Mr. Morrell replied someone is claiming that the Police Department was negligent in their investigation of a one vehicle car accident. He said it's not exactly how the law works; in order to have municipal liability, there needs to be some kind of special relationship between the person injured and the municipality. Here, the person went off the road and was not located for several hours. Mr. Morrell added in order to have the Town be liable, there needs to be some direct contact between the person injured and the municipality. They are claiming there was a complete lack of any contact between the municipality and the person injured - they couldn't find him. He will keep reporting back to the Board as to how this progresses.

Mr. Bove referred to Mr. Churchill's presentation, and said the Board was asked to rezone something again. He asked what the process would be and if the Board would be able to vote on that tonight. Mr. Morrell replied no, the proposal will have to come to this Board; this Board will then refer it to the County Planning Board and the Town Planning Board who would review it, and then it would come back to this Board. Our zoning is a local law, so a Public Hearing will be required and SEQR review, and then the Board can take action on changing the zoning. Mr. Morrell noted this is the same process that was followed when it was changed the last time.

Ms. Sauvageau said is Mr. Morrell saying the Board doesn't need a motion tonight to start the process. Mr. Morrell replied a motion or resolution to start the process would be a good way to indicate what the feeling of the Board is if it is something it wants to undertake.

A motion was made to review this process by Sue Sauvageau. Motion did not carry as there was no second to the motion.

A motion was made to accept Mr. Morrell's report by Emil Bove and seconded by Don Earle. No questions. Motion carried 4 ayes, 0 nayes.

Town Justice: No report.

Water & Sewer: Mr. Pickard indicated that in his report, he included a copy of the NYS Department of Health Inspection Report for the WTP which is satisfactory. The DEC Inspection at the WWTP also went very well. Mr. Earle asked about the spillage at the Petro RV station, and if he was successful in contacting who is responsible to make same changes. Mr. Pickard replied yes - he will meet with them next week. Mr. Earle asked if the alum project is complete. Mr. Pickard replied not 100%; in waiting for the certificate, he found that the date of closure on the old tanks was not noted on the report that went to them (the application). He added since then, he forwarded that to them and it should be coming very shortly. Mr. Earle mentioned the high lift pump and asked if it was all set and running. Mr. Pickard replied the project at the WTP on the high lift pumps - No. 4 VFD has been replaced and is in operation; they are working on pumps 1 and 3 this week. He added they still have a little work to do on the Kingdom Pump Station. He hopes to close the project out by the end of the year.

Mr. Earle asked if they are moving ahead as far as getting bids on replacing the pipe that is leaking at the Auburn Road water tower. Mr. Pickard replied yes - they are opening bids now and reviewing them.

Mr. Bove referred to the No. 2 pump, and asked if that was one of the new pumps that we replaced the drive for; Mr. Pickard replied it was a new VFD and new motor on an existing pump, and the VFD blew up and was replaced at no cost to the Town.

A motion was made to accept Mr. Pickard's report by Duane Moore and seconded by Emil Bove. No questions. Motion carried 4 ayes, 0 nayes.

Police Chief: Chief Peenstra stated he mentioned in his report that the Department received two grants. The NYS Governor's Traffic Safety Committee has awarded the Police Department $1,800.00 to participate in the Child Passenger Safety Program. The Federal Bullet Proof Vest Partnership has awarded $1,137.25 in funds to be used for replacement and new body armor for members of the Department.

A motion was made to accept Chief Peenstra's report by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 4 ayes, 0 nayes.

Barton & Loguidice: John Condino stated Mr. Pickard did a great job in answering all the questions relative to the issues they have been working on. He doesn't have anything further to report other than the Canal Project that is on the Agenda.

Mr. Earle referred to Sampson Creek and said their Engineer has sent through a list of items the Town will send out to the residents of things they can do themselves or should be doing on a regular basis. He asked Board Members to review that list before it was sent out and let him know if they have any more suggestions. Mr. Earle asked Mr. Condino if they were still trying to get some information from the Army Corps of Engineers; Mr. Condino replied they have made some progress on that as far as the pond and the outlet.

Building Committee: Mr. Earle stated the Building Committee is very anxious to settle on a location. They are looking at a couple of pieces of property, working on negotiations, reconsiderations. They are moving ahead and hope to have a recommendation to the Board at the December Meeting for a location.

Main Street Grant: Mr. Bove stated the Main Street Grant Program is in the process of winding down. A number of buildings in the State, Mynderse and Fall Street area were rehabilitated. There is a new restaurant downtown, and Blossoms has new windows and the third floor is now being used for a dance area. The Grant contributed towards the cost of redoing the exterior of the Hotel Gould. The work on the east side of State Street is not complete, but is underway. Mr. Bove added that it has been a very successful Program.

Communications: A motion was made to receive and file Communications numbered 1 to 15 by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 4 ayes, 0 nayes. Communications numbered 1 to 15 are as follows:

1. Pledges of Collateral, April 1, 2011 to September 30, 2013, from M&T Investment Group.

1. Notice of Public Hearing relative to the Sauder's Store project from SenecaCountyIDA.
2. Checks totaling $20,556.05 representing copies of Police reports, utility gross receipts tax, airfare reimbursement (STOP DWI Foundation), mowing reimbursement, Insurance premium payments, streetlight damage reimbursement, Town Clerk's monthly report, Tower rent, CDBG and HUD monthly payment.
3. Monthly Report for the month of September 2013, as per Town Operating License and Host Community Agreement, from Seneca Meadows, Inc.
4. Email from Time Warner Cable stating Time Warner Cable's agreements with broadcasters to carry their services and stations routinely expire from time to time, and they may be required to cease carriage of one or more of these services in the near future.
5. Minutes of the Planning Board Meeting of September 26, 2013.
6. Minutes of the Zoning Board of Appeals Meeting of September 26, 2013.
7. Checks totaling $40,411.82 representing Insurance premium payments, sale of scrap metal, Cemetery burial fees, Self-Insurance reimbursement, and Community Center receipts.
8. Notice to Occupant of Intention to Discontinue Service supplied to Landlord or Rental Property Owner by NYSEG.
9. Section 504 Compliance Handbook, October 2013, from LRP Publications.
10. Notice of filing an application for renewal of liquor license for Happy Family Restaurant from Gage, Gage & Bleakley, Attorneys at Law.
11. Minutes of the September 24, 2013 Meeting of the Heritage Preservation Commission.
12. Check in the amount of $813,700.00 from IESI Corporation representing 3rd quarter payment as per Host Community Agreement.
13. Checks totaling $1,670.00 representing receipts from the Community Center.
14. Copy of letter to Jim Spina from National Women's Hall of Fame Board Members Judy Pipher and Virginia DeJohn, complementing him and his Staff and thanking them for their cooperation during the Induction Event.

Old Business:

Appointment of Assessor: Mr. Earle stated this will be carried under Old Business. They are still in the process of interviews, and hope to bring this to conclusion as soon as possible.

New Business:

Approval of Special Events: Mr. Spina stated the It's a Wonderful Life Committee has submitted two separate permit applications which he reviewed with the Rec Committee. One application is for their Festival with all the Events from Friday to Sunday. The Committee asked for permission to have a bonfire which they have had in the past at People's Park, and also asked for burn barrels to be placed downtown. The Rec Committee was okay with the bonfire but not okay with the burn barrels. He spoke with Chief Larsen who is also okay with the bonfire but not with the burn barrels. Mr. Spina stated the other part of the application is for the Parade which is recommended approval for that. He said they don't have the permit application for the Saturday night race yet, which is forthcoming.

A motion was made to approve the It's a Wonderful Life Festival and Parade to be held December 13-15, 2013 by Emil Bove and seconded by Duane Moore. No questions. Motion carried 4 ayes, 0 nayes.

2014 Preliminary Budget: Ms. Sauvageau said normally, we have an explanatory message for the public about what it is that someone either reads or discusses. Mr. Earle stated some of the areas have increased and some have decreased, some of the areas have required a significant amount of money for Sewer and Water projects, and some the explanation of the tax rate. He said a copy of the explanations will be provided to the press and will be put on the website, as well as the Budget. Mr. Earle stated a sheet was also prepared which will be on the website as well, which will show the revenues and the tax rate. There are two columns which will show what the tax rate will be with the Landfill revenue and what it would be without the Landfill revenue. He felt this was necessary to get out to the public to start educating them on the need to focus on economic development to have replacement revenue.

Ms. Sauvageau said when she read through the Hall of Fame Agreement, it talks about the parking lot - that the Town was going to produce that graveled parking lot for them and help with the knocking down of the house. She wanted to know if that is part of the Town's financial commitment to them or is that an additional commitment. Mr. Bove replied he discussed this with Mr. Wood, and the Town would do the work, and hope that when the Hall of Fame is reimbursed out of one of the grants they received, the Town would be reimbursed for that. Mr. Earle added part of the Agreement when it is approved, is that the Town will put down stone for that parking lot when the house is removed on Bayard Street and use it as a parking lot until the time the Hall is in need of that lot for their operation. He said to answer Ms. Sauvageau's question, it would be an addition and probably considered as an inkind type of operation, but the Town does get some benefit out of that. Further discussion followed.

Ms. Sauvageau stated she would prefer to work on the Budget a little longer and trim it here and there. Mr. Moore stated the Board has spent a lot of time on the Budget, and they had all of the Department Heads reduce their Budget. He added we are down to the nitty-gritty; if you want to keep functioning in the way that we are in the habit of functioning, he thinks the Board did a good job on this Budget. He said a lot of time and effort was put into this Budget, and he is satisfied with it.

A motion was made to adopt the Preliminary Budget as submitted tonight for the year 2014 by Emil Bove and seconded by Duane Moore. No questions. Motion carried 4 ayes, 0 nayes.

Bids - SF Waterfront Improvement Project: Mr. Rowe stated there was one bid which was submitted by Slate Hill - they submitted a base bid as well as the two additive items. The total bid was $250,500.00. They have contacted Slate Hill who is comfortable with their bid - they haven't left anything out. Mr. Rowe stated on that basis, they are recommending that the base bid plus the two additives be awarded to Slate Hill in the amount of $250,500.00.

Mr. Moore asked when would they start the project; Mr. Rowe replied they probably will start in February when the Canal is lowered, and it should be completed before the Canal is opened in the Spring. Brief discussion followed relative to what the project entails. Mr. Earle asked if this is a 50% match; Mr. Rowe replied yes, that is correct.

A motion was made to accept the total bid of $250,500.00 from Slate Hill for the Seneca Falls Waterfront Improvement Project, as recommended by Barton & Loguidice, by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 4 ayes, 0 nayes.

Attendance at Regional Local Gov't Workshop - Planning & Zoning: A motion was made approving the attendance of Planning Board and Zoning Board of Appeals Members at the Regional Local Government Workshop at a cost of $80.00 per Member registration fee and mileage by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 0 nayes.

Authorize Use of Vehicle & Equipment Fund - Upgrade Police Service Weapons: Chief Peenstra stated the total cost of the weapons is $4,596.97 with trade-in. He spoke with Mr. Morrell who said there has to be Board action to release that money out of the Vehicle & Equipment Fund. They will be upgrading their weapons from 9MM to 45 caliber.

A motion was made approving the utilization of the Vehicle and Equipment Fund for the purpose of upgrading the Police service weapons as described by Chief Peenstra by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 0 nayes.