SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012

The Seneca Falls Town Board held a Public Hearing and regular monthly Meeting on Thursday, November 8, 2012 in the Town Hall Meeting Room, 81 W. Bayard Street.

Present were Supervisor Donald Earle; Councilpersons Emil Bove, T.J. Casamassima, Susan Sauvageau and Duane Moore. Also present were Patrick Morrell, Attorney for the Town; Steven Turkett, Zoning Officer; James Spina, Commissioner of Parks and Recreation; Donald Wood, Highway Superintendent; Patrick Cafolla, Water and Sewer Superintendent; Stuart Peenstra, Police Chief; Jeffrey Rowe, Town Engineer and Members of the local media.

Public Hearing – 2013 Preliminary Budget: Supervisor Earle opened the Public Hearing at 7:00 P.M., and asked if there were any comments from the public. Stanley Praszkowicz stated he was told the Village Budget was around $4 million and the Town Budget was about $3 million. He said assuming what was spent (that amount being around $8 million), then in 2012 the first year of dissolution, the budget was $10,623,966.00 – it seems like a couple of million dollars increase in the first year of dissolution. His concern is that the Budget should be going down, not up, and taxes should be going down, not up; obviously, this is a goal yet to be achieved. The Board needs to focus on this and work on this. Mr. Praszkowicz said his concern is that we are going in the opposite direction of what a dissolution should bring about.

Since there were no further comments, Supervisor Earle closed the Public Hearing.

Supervisor Earle opened the regular monthly Meeting at 7:05 P.M., and noted all Board Members are present; the Pledge of Allegiance followed.

Petitioners:

John Clark – Fence Issue: Dr. John Clark, 61 Bridge Street, stated the property owner to the north has taken it upon himself to build a dog pen, using their house as one side of the dog pen; two fences were erected in June 2012 between the two houses – one abuts their house and the other their fence. They have lived in this house for 36 years, and now have limited access to their home for routine maintenance because of the fence. Dr. Clark said he has had several civil conversations with Mr. Moore in the past to no avail. He thinks it’s a misinterpretation of setback codes, and requested that the Town take it under consideration and ask Mr. Moore to remove the fence.

Mr. Bove asked if Dr. Clark had a new survey; Dr. Clark replied yes. Mr. Bove asked if the survey depicts the fence; Dr. Clark replied no. Mr. Bove suggested that Dr. Clark have the survey done depicting the fence and then come back to Mr. Turkett to review the matter.

Chad Sanderson – Proclamation Honoring Antonio Varacalli: Chad Sanderson stated Antonio Varacalli was an Italian Immigrant working on construction of the Canal. On April 12, 1917, when he was working near the Bridge Street Bridge, a young woman, Ruth Dunham, leapt off the Bridge into the water. With an abrupt and remorseful change of mind, she started screaming for help; not a swimmer himself, Varacalli didn’t hesitate to respond to her call for help. After he was able to get close to her and bring her close to shore, another man tied a lifeline to her and took her to shore, and Antonio sank from sight. Mr. Sanderson stated this is an important Event in the history of the Town. He would like the Board to pass a Proclamation honoring him by making April 12th – Antonio Varacalli Day.

A motion was made by Duane Moore and seconded by Sue Sauvageau, to adopt the following Proclamation: WHEREAS, on April 12, 1917 young Italian Immigrant Antonio Varacalli saved a woman from drowning in the waters of the Cayuga-Seneca Canal in the vicinity of Seneca Falls’ Bridge Street Bridge; and WHEREAS, Mr. Varacalli’s act of heroism resulted in the sacrifice of his own life; and WHEREAS, the Community of Seneca Falls was so moved by Mr. Varacalli’s selflessness that it chose to honor him with a permanent memorial plaque on the Bridge; and WHEREAS, it is believed that the story of Mr. Varacalli’s actions on April 12, 1917 may have inspired Hollywood Director, Frank Capra, to include a key scene in his 1946 film “It’s a Wonderful Life”, a film that has become a classic admired around the World; and WHEREAS, Seneca Falls was enriched by Mr. Varacalli’s heroism at the time and continues to benefit from it in the form of pride and appreciation, as well as economically by virtue of the growing tourism attraction generated by this unique connection to “It’s a Wonderful Life”; and WHEREAS, the Town recognizes the appropriateness of remembering and honoring Mr. Varacalli on the occasion of the anniversary of his death through an act of heroism. NOW, THEREFORE, the Seneca Falls Town Board does continue to pay tribute to the memory of Antonio Varacalli and hereby proclaims April 12th to be forever recognized in the Town of Seneca Falls as “Antonio Varacalli Day”, charging the Citizens of the Town to pause in reflection on his selfless act, in the spirit of the message on the memorial plaque that reads in part “He honored the Community, the Community honors Him”. No questions. Motion carried 5 ayes, 0 nayes. SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012

Presentation of 2012 NYS STOP DWI/MADD Recognition Award: Chief Peenstra stated he received word that Officer Michael Poole is one of 22 Officers in the State to receive the 2012 NYS STOP DWI/MADD Award. He is the first Officer in Seneca County to ever receive this Award. This nomination is based on 2011 DWI arrests, all of which lead to convictions by the Seneca County District Attorney’s Office. Chief Peenstra stated Office Poole has lead all Law Enforcement Agencies in Seneca County for the past four years, and is on track for leading all of Seneca County again for the fifth consecutive year. He added Officer Poole will receive the Official Award from the Governor’s Traffic Safety Committee, STOP DWI Foundation and MADD on November 13th in Schenectady.

Approval of Minutes:

A motion was made to approve the minutes of the Special Meeting of September 21, 2012 and the regular monthly Meeting of October 2, 2012 by Duane Moore and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

Reports:

Dog Control Officer: The Dog Control Officer’s report states that five dogs were impounded; four redeemed and one dog still being held. Eleven Appearance tickets were issued. A total of $40.00 was collected and turned over to the Town Clerk.

A motion was made to accept the Dog Control Officer’s report by T.J. Casamassima and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Zoning Officer: Mr. Turkett stated the Board has a copy of his report which includes Permits issued for the Town and the former Village. Town Zoning Permits issued were Permit #2481 issued to Donald O’Connor, 2690 Farron Road, storage shed; Permit #2482 issued to Karl A. Love, 1766 Auburn Road, sign; Permit #2483 issued to John Warner, 1646 NYS Route 414, extend porch and re-deck rear deck; Permit #2484 issued to Dale Roloson, 2970 Thorpe Road, storage barn and Permit #2485 issued to Vic Tumbiolo, 3151 Bradley Avenue, roof.

A total of $160.00 was received from the issuance of these Permits, and 83 Zoning Permits have been issued to date for the year 2012.

The Planning Board met on October 9, 2012 and approved the Final Site Plan for Mr. Bult’s, Inc. The Board also met on October 25, 2012 and approved two Preliminary Site Plans, and reviewed a Use Variance for recommendation to the Zoning Board of Appeals.

The Zoning Board of Appeals met on October 4, 2012 and granted three Use Variances. The Board met on October 9, 2012 and granted an Area Variance. It also met on October 25, 2012 and granted two Use Variances.

Zoning Permits issued for property within the former Village were Permit #31437 issued to Aaron Passalacqua, 30 Chapin Street, garage; Permit $31438 issued to Maria Agnello, 5 Chief Seneca Avenue, roof; Permit #31439 issued to David Roubie/M. Devine; 177 Fall Street, repair steps; Permit #31440 issued to Jim Brunning, 69 Fall Street, sign (Per HPC); Permit #31441 issued to Cynthia DuVal, 42 Miller Street, convert porch to living space; Permit #31442 issued to Leo Constantino, 83 Ovid Street, repair window; Permit #31443 issued to Roseanne Piscitelli-Knight, 9 Pleasant Street, storage shed (per ZBA); Permit #31444 issued to Jim Brown, 70 Bridge Street, replace windows; Permit #31445 issued to Michael O’Malley, 107 Fall Street, signage; Permit #31446 issued to Joe Caratozzolo, 8-10 Bridge Street, storage shed; Permit #31447 issued to Goulds Pumps, Inc. 240 Fall Street, R & D expansion; Permit #31448 issued to Timothy and Mary Jones, 1 Patricia Drive, lean-to off garage; Permit #31449 issued to Mark Robinette, 6 Robinette Place, roof; Permit #31450 issued to Steven Howe, 214 Fall Street, repair roof; Permit #31451 issued to Annie Johnson, 90 State Street, repair roof; Permit #31452 issued to Nice n Easy, 205 Fall Street, replace signs; Permit #31453 issued to Joel Reed, 9 Seneca Circle, roof; Permit #31454 issued to Thomas D. Smith, 30 White Street, fence; Permit #31455 issued to Vic Tumbiolo, 17 Bridge Street, roof; Permit #31456 issued to John and Lori Stoudt, 114 State Street, repair porch; Permit #31457 issued to Goulds Pumps Admin, Inc., 260 Fall Street, demo house; Permit #31458 issued to Clayton Page, Jr., 67 Ovid Street, roof repairs, windows; Permit #31459 issued to James Evans, 72 Ovid Street, roof; Permit #31460 issued to Emil Bove, Jr., 46 State Street, repair porch; Permit #31461 issued to Glenn Cicora, 5 Troy Street, siding; Permit #31462 issued to Gordon Hurlburt, 8 Haigh Street, demo chimney, siding; and Permit #31463 issued to Barbara Rexer, 125 State Street, roof repair.

A total of $570.00 was collected from the issuance of these Permits, and 298 Zoning Permits have been issued to date for the year 2012.

Mr. Turkett stated two cases were brought to Court and we won both cases. There were two resignations this SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012 past month on the HPC. There are three open spots; anyone interested can contact the Town Clerk. Mr. Turkett received information that there will be a place in Seneca Falls where we can purchase ethanol-free gas.

A motion was made to accept Mr. Turkett’s report by T.J. Casamassima and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Commissioner of Parks & Recreation: Mr. Spina stated they had two very large and very successful 4K races in October. The Halloween Event was also very successful with 20% more people attending than last year. He noted the Board has a copy of the It’s a Wonderful Life Event application, most of which has not changed from the past. He referred to the race and said last year there were 2,000 people in it; there is concern about how it’s growing and how to handle it. He, Chief Peenstra, Tim Snyder and the Organizers of the Event met to discuss the race and how to better handle the traffic, etc.

A motion was made to accept Mr. Spina’s report by Emil Bove and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

Highway Superintendent: Mr. Wood stated they have had pretty routine work. For the past month, he has had workers on vacation and one who is out on sick leave. They did the final grass cuts on the roadsides; this week will be the last week for Cemetery cutting. There will be a brush and leaf pickup this coming week. After that, they will be putting on the plows, getting ready for winter. Mr. Wood stated he has quotes for security cameras at the Highway Garage under New Business. They have been having problems as people have been bringing all kinds of things up that shouldn’t be there.

A motion was made to accept Mr. Wood’s report by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Assessor: Mrs. Loncosky stated the Board has a copy of her report. Under New Business, she is requesting that the Board approve the purchase of the new software that was discussed with the Board at the Budget Workshop.

A motion was made to accept Mrs. Loncosky’s report by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Attorney for the Town: Mr. Morrell stated his only report is the matters on the Agenda that can be discussed as they come up.

Town Justice: No report.

Water & Sewer Superintendent: Mr. Cafolla stated the Board has a copy of his report. The Washington Street watermain and services are completed. They just have to clean up and cut off the old existing main. They are finishing up a drainage project on Maple Street. Newark Electric will be on site at the Water Treatment Plant on November 13th to finish the wiring for the chloramines project. Mr. Cafolla stated that he ordered the new water meter for the Parker Road watermain to take care of the billing issue.

A motion was made to accept Mr. Cafolla’s report by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Police Chief: Chief Peenstra stated it has been another busy month with 763 calls for service, 31 arrests and 48 traffic accidents. He reported that part-time Officer Daniel Jacobsen has passed his field training and is on his own.

The Chief stated they received $920.72 from STOP DWI enforcement. The Department has been awarded a $2,800 Grant by the NYS Governor’s Traffic Safety Committee for the “Selective Traffic Enforcement Program”; this Program is dedicated to reducing aggressive driving. The also received a $1,050 Grant from the Governor’s Safety Committee for seat belt enforcement. A $2,325 Grant was awarded to the Department from the Bureau of Justice Assistance for bulletproof vests.

Chief Peenstra stated there is a “Buy Green, Save Green” rebate program which makes funding available to encourage small municipal governments to replace inefficient appliances and equipment. Since their copier is currently at the end of a five year lease, he will be requesting that the Board approve the purchase of a copier, as well as a refrigerator to replace on old one through this rebate program.

A motion was made to accept Chief Peenstra’s report by T.J. Casamassima and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Barton & Loguidice: Mr. Condino stated there is not much to report other than what is on the Agenda. Communications: SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012

A motion was made to receive and file Communications numbered 1 to 25 by Emil Bove and seconded by Duane Moore. No questions. Motion carried 5 ayes, 0 nayes. Communications numbered 1 to 25 are as follows: 1. Minutes of the Heritage Preservation Commission Meetings of August 28, 2012 and September 25, 2012. 2. Notice of Intent filed by Scepter New York, Inc. to contruct a fuel gas transmission line from Couch White, LLP. 3. Checks totaling $5,656.46 representing Insurance premiums, sale of scrap metal, copies and Insurance claim. 4. Checks totaling $45,034.38 representing Town Clerk’s August report, Auction proceeds, Insurance premiums, Town Justice report and copies. 5. Inspiration, Ink. Newsletter, Fall 2012, from National Women’s Hall of Fame. 6. Minutes of the Planning Board Meeting of October 4, 2012. 7. Minutes of the Zoning Board of Appeals Meeting of October 4, 2012. 8. Checks totaling $3,624.90 representing coins in fountain, copies, October Insurance premiums and mowing reimbursements. 9. Checks totaling $3,402.00 representing deposits from the Community Center and Vince’s Park. 10. Letter from William Wayne commending the Town for the condition of the Bridgeport Cemetery since the Town assumed responsibility. 11. Reports and Resolutions relative to Site Plan Review and Use Variances from Seneca County Planning Board. 12. Notice of Public Hearing relative to Seneca County IDA and Goulds Pumps, Inc./ITT Corporation – 2012 Project, from Seneca County IDA 13. Letter from Time Warner Cable stating the transaction for Internal restructuring of cable system operations closed on September 30, 2012, and Time Warner Cable Northeast LLC now owns the cable system in this Community. 14. Minutes of the Seneca County Planning Board Meeting of September 13, 2012. 15. Verified Supplemental Petition of Chesapeake Appalachia LLC and Minard Run Oil for approval of transfer of Certificates of Environmental Compatibility and Public Need from The West Firm, Attorneys and Counselors at Law. 16. Section 504 Compliance Handbook, October 2012, from Thompson Publishing Group. 17. Monthly Report for the month of September 2012, as per Host Community Agreement and Town Operating License, from Seneca Meadows, Inc. 18. Pledges of Collateral, April 1, 2011 to September 30, 2012, from M & T Investment Group. 19. Letter from Harris Beach relative to amendment of PILOT Agreement between Seneca County IDA and Bedford Falls Enterprises, LLC and removal of 118 Fall Street from the terms of the PILOT Agreement. 20. Notice of Intent for a Certificate of Environmental Compatibility and Public Need, Scepter New York, Inc., from International Engineering & Development Corporation. 21. Minutes of the Planning Board Meeting of October 9, 2012. 22. Minutes of the Zoning Board of Appeals Meeting of October 9, 2012. 23. Copy of letter from NYS Governor’s Traffic Safety Committee, Department of Motor Vehicles, to Police Chief Stuart Peenstra, notifying him that the Town of Seneca Falls has been awarded $2,800.00 to participate in the Statewide “Selective Traffic Enforcement Program”. 24. Checks totaling $62,499.79 from various sources representing payment for copies of Police reports, gross utility taxes due the Town, Community Center deposits, Employees and Retirees Insurance premiums, DWI reimbursement, Bridgeport Fire District gas reimbursement, burials, Town Clerk September Report, Household Hazardous Waste reimbursement, sale of items (Police) and Parker’s monthly HUD and CDBG payment. 25. Notice of filing of renewal application for liquor license from Parker’s Grille, Inc.

Old Business:

Credit Rating – Standard & Poor: Mr. Earle stated the Village had some bonds, and they had a credit rating; when the Village dissolved, that credit rating did not transfer over to the Town – the bonds did. He said the reason to have a credit rating is, not a direct benefit to the Town, but to the secondary bond holders for those bonds. It may not affect the Town at this point; if we had to secure another bond, because of no rating or negative rating, the Town would have trouble getting the secondary bond markets to keep trading those. He added the idea of going through a credit rating now is that right now, it is at one-half the cost. Mr. Moore stated that one of the questions brought up was an annual charge to have it updated. Mr. Earle stated he talked to Standard & Poor, and right now, they don’t anticipate any increase to have it updated.

A motion was made to move forward in obtaining a credit rating from Standard & Poor by Emil Bove and seconded by Duane Moore.

Mr. Casamassima stated he doesn’t see the point in doing it now; if the Town isn’t doing anything until later, it will probably have to have another rating. Mr. Moore said once the Town has the rating – it has it. SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012

Ms. Sauvageau stated she still has not changed her mind. She feels it’s an unnecessary expenditure when the Town doesn’t intend to bond anything in the near future. Brief discussion followed.

The motion made by Emil Bove and seconded by Duane Moore to move forward in obtaining a credit rating from Standard & Poor was carried 3 ayes, 2 nayes; Councilpersons Sauvageau and Casamassima with the dissenting votes.

DOT Undertaking for Signage at Crosswalks: Mr. Earle stated on the crosswalks in the downtown area, there are sandwich board signs that let people know there is a law to stop if someone is trying to cross the street. The problem is there is a liability to having that sign, and unfortunately, the State will not take on that liability. He said in talking with the Town’s Insurance Company, we have found that the Town is covered liability-wise. He added all the Town has to do is sign the application for a permit. Brief discussion followed.

A motion was made to approve the application for a permit relative to the signage at the Crosswalks by Duane Moore and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Mr. Moore asked if Mr. Earle heard anything from the State relative to the No Turn on Red signs. Mr. Earle replied he hasn’t heard anything. Mr. Wood said he would call tomorrow. Mr. Bove asked if it was possible for the Board to take a position on that. He is totally opposed to the sign – it was a mistake. Mr. Morrell replied the Board can take a position on it – they can pass a resolution to request that they remove it.

A motion was made expressing the concern of the Board relative to the installation of the “No Right on Red” sign at the corner of Fall and State Street, and requesting that the DOT review the matter and remove the sign by Emil Bove and seconded by Duane Moore. No questions. Motion carried 4 ayes, 1 nay; Councilman Casamassima with the dissenting vote.

New Business:

2013 Preliminary Budget: Mr. Earle noted there were some updated sheets regarding retirement that was put in the Budget. Mr. Moore referred to the additional three-fourths of the year that was put in the Budget, and said it is an expense the Board has to incur – it has to do with the retirement fund. Mr. Earle said even with the adjustments, the tax rate did not change. He proceeded to explain how and why the adjustments were made.

Mr. Earle stated the General Fund will remain at $2.35 per $1,000, the same as this year, as well as the Highway Fund which remains at $1.61 per $1,000. Obligations of old Village increased from .59 per $1,000 to .61 per $1,000. Those in the Bridgeport Sewer District will see a decrease in the rate – from $189.47 to $131.72. Seneca Falls Sewer District #1 decreased from .17 per $1,000 to .16 per $1,000, and the Bridgeport Area Water District decreased from $309.08 to $304.40. The Refuse Fund remains the same, and the Recycling pickup increased from $66.36 to $66.50.

Mr. Earle stated the reason the Budget went up was because of the addition of the Bridgeport Fire District Budget in the amount of $404,429. He noted this is just a pass-through item and does not increase taxes. The tax rate for the District is .93 per $1,000. Mr. Bove stated the Fire District makes their own budgetary decisions and adopts their own Budget, and then there is a tax that results. Brief discussion followed.

Mr. Bove stated more money is being spent this year if you go fund by fund - some is attributed to 2% raise for Employees; some is attributable to equipment as there is some expensive equipment that we will be buying. He added the Town has to replace equipment long neglected by the Village. Mr. Moore mentioned that some of the expenses had to do with bringing the water and sewer plants up to Code.

Mr. Earle thanked the Board and anybody that helped with the budgeting process; everyone came together and worked hard. He noted in the proposed Budget tonight, only $394.00 is supplemented from the Unexpended Fund Balance.

A motion was made to adopt the proposed 2013 Budget by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 4 ayes, 1 nay; Councilman Casamassima with the dissenting vote.

Bids – WTP High Lift Water Pumps Replacement: Mr. Condino stated the replacement pumps were put out to bid, and reported that three bids were submitted ranging from the low bid of $329,100.00 to the high bid of $372,899.00; the Engineers’estimate was over $400,000.00. He noted that the low bidder, J & E Electric, is the Contractor that is currently doing the upgrades at the pump stations for the generators. Mr. Bove asked when this will be paid for; Mr. Condino replied this will be in next year’s Budget. Mr. Bove asked what the total in the bid is compared to what is in the Budget; Mr. Condino replied these numbers are somewhat lower than what was budgeted. Discussion followed.

A motion was made to award the low bid for the WTP high lift water pumps replacement to J & E Electric, Inc. SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012 as recommended by Town Engineers, said bid being $329,100.00, by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Resignation of Town Tax Collector: Mr. Earle stated the Tax Collector has decided to turn in her resignation, the reason being because of health reasons for a member of her Family. He thanked Mrs. Verzillo for her dedication and the job that she did, and hope things turn out well for her and her Family.

A motion was made to accept the resignation of Betty Verzillo as Town Tax Collector, with regret, by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Advertise for Town Tax Collector Position: Mr. Earle stated whenever you have an elected position that becomes vacant, the Board can elect to fill that position by an appointment or through advertisement; the appointment would be to the next scheduled election. Brief discussion followed.

A motion was made to advertise for the Town Tax Collector position by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Final Site Plan Review – 81-83 Fall Street: Mr. Morrell stated this is the building referred to as the former Arcade Building. Our Code allows for the two commercial uses on the Fall Street ground level; there is a residential unit in the rear of the building on the Fall Street level, and the Code would allow one residential unit on the top floor, one residential unit on the lower level down from Fall Street and one residential unit on the bottom floor. At the last Meeting, the Zoning Board of Appeals approved a Use Variance for a use of the property where the Fall Street level would remain the same, but there would be two residential units on the Cowing Street ground floor, two residential units on the next higher level and three residential units on the top floor for a total of eight residential units. Mr. Morrell said this is before this Board for Final Site Plan review. He gave the Board copies of the former Village Code (Site Plan Law and Multiple Dwelling Law). Part of the Site Plan Law requires that the Planning Board review the Project and report their recommendations; they recommended denial of both Use Variance as well as the Site Plan. In so doing, they wanted to direct the attention of the Boards to matters that come down to density of use - that being parking, fire safety and storage for garbage and recycling. The County Planning Board reviewed this matter and they left it to local determination. Mr. Morrell stated this Board is not considering all of the issues that the Zoning Board of Appeals would with the Use Variance. This Board is limited to the Site Plan Review Law and the Multiple Dwelling Law.

Mr. Bove stated the Planning Board mentioned and recommended denial as to the large number of bedrooms; how many bedrooms are there. Mr. Morrell replied between the eight residential units, there would be 23 bedrooms. Mr. Bove asked if it was possible for the Town Board to make an appeal from the granting of the Use Variance by the Zoning Board of Appeals. Mr. Morrell replied yes, the Board can sue the Zoning Board of Appeals - it would be an Article 78 action; the timeline would be 30 days from the date that their decision is filed with the Town Clerk. Mr. Earle asked if it was also possible if the Town Board chooses to deny the Site Plan for very specific reasons related to the Code. Mr. Morrell replied yes - he advised the Board to stay within the provisions of the Code that we have. He added the Board’s options would be: 1. Table the matter to seek an Article 78 against the Zoning Board of Appeals. 2. Approve the application – the Board can approve the application with specific conditions. 3. Deny the Project as long as the denial is based on the Code. Mr. Morrell stated Barton & Loguidice has raised some issues, and some of those issues were addressed from a letter received today. He indicated that one matter that was the subject of the Town’s Planning Board review was parking. Our Code requires 1.5 parking spaces for every residential unit – this is specifically off-street parking; with eight residential units, it requires twelve parking spaces. In the latest submission by the Applicant in regard to parking, they are saying they have ten that would meet the requirements, and they are prepared to approach the neighboring properties for permission to park on their property or ask the Town for the ability to use space in the municipal parking lot. Lengthy discussion followed.

Mr. Morrell stated there are specific things noted in our Code that are lacking. The main thing is parking; the Code requires 1.5 spots for each dwelling unit – that’s the minimum requirement, and it’s not being met. There has been no mention of laundry facilities which is a specific requirement in our Code, and there is no mention of any type of recreation space also a requirement under our Code. Ms. Sauvageau stated there is no mention of the rooftop area – there is a rooftop garden area, and it would make the top apartment a very classy thing; to add twenty-some people using it might make an additional hazard. She cannot imagine having that many people and only having the twelve required parking spaces – having that many bedrooms, you would have more cars. Further discussion followed.

A motion was made by T.J. Casamassima and seconded by Sue Sauvageau to adopt the following Resolution: WHEREAS, Sections 250-17 and 250-35 of the Code of the former Village Code gives the Town Board and the Town Planning Board the authority and responsibility for site plan review for new or expanded construction in all districts except R-1 and R-2 and for multiple dwelling development; and SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012

WHEREAS, the Town’s Planning Board recommended denial of the Site Plan, unless more information was submitted regarding recycling and trash disposal, parking, fire safety, and for the Boards to carefully consider the large number of bedrooms; and WHEREAS, the Town Board finds that the parking provided in the Site Plan to be insufficient for the proposed use; there is no provision for recreation space devoted to the recreational use of the residents and that there is no mention of laundry facilities as required by the Code. NOW, THEREFORE, BE IT RESOLVED, that the Site Plan submitted for 81-83 Fall Street is denied.

Mr. Bove said he thinks that the Use Variance should be challenged; if this stands on the meager showing that was made before the Zoning Board, there could be a series of buildings like this downtown which will completely destroy downtown. He thinks the Zoning Board decision should be appealed – we can’t let it stand.

Basil Vlahos stated he could reduce the number of apartments to seven or six, meet parking requirements, and said he has met or exceeded all requirements. Eleven parking spots are required; they have ten and need one more. He understands the Board’s apprehension, but he has committed a lot of money to this project which would revitalize two storefronts and the apartments would bring people downtown. He added it would not be a boarding house – it will serve a high-end market. Robert Harner further described the Project.

Mr. Earle stated what is before the Board now is to make a decision on the Site Plan that was presented to the Board; if this is denied, Mr. Vlahos can reapply with changes mentioned.

After discussion, Mr. Casamassima made a motion to table voting on this Site Plan, and have Mr. Vlahos come back with revised site plans. Motion failed as there was no second to the motion.

The above motion made by T.J. Casamassima and seconded by Sue Sauvageau to adopt the Resolution denying the Site Plan submitted for 81-83 Fall Street was carried 4 ayes, 1 nay; Councilman Casamassima with the dissenting vote.

Declare Surplus 2004 Ford Expedition and 2 HP Computers/Monitors/Keyboards (Police Equipment): A motion was made to declare surplus and offer for sale the 2004 Ford Expedition and 2 HP Computers/Monitors/Keyboards, all Police Equipment, by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Purchase Software – Assessor: Mrs. Loncosky stated the software is brand new to their Office. She explained that the software will dovetail with their GIS software and will be one more tool to assist in the continued effort to have their property information up-to-date. Mr. Earle asked if this was budgeted; Mrs. Loncosky replied that she has $3,000.00 in her Budget for equipment. Brief discussion followed.

A motion was made to purchase the software at a cost not to exceed $3,000.00 by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Request for Event Insurance – It’s a Wonderful Life: Mr. Earle stated the Committee is requesting that the Town contribute towards the cost of their insurance – they are requesting $1,000.00. Mr. Bove said he would support this. He noted Mr. Spina is working on a policy for events that requires people to have their own insurance.

A motion was made to approve a contribution of $1,000.00 for insurance to support the It’s a Wonderful Life Event by Sue Savageau and seconded by Duane Moore.

After brief discussion, a motion was made to amend the above motion and to approve an additional contribution of $1,000.00 to support the It’s a Wonderful Life Event which promotes the Town of Seneca Falls by Emil Bove and seconded by Duane Moore. No questions. Motion carried 5 ayes, 0 nayes.

Approve It’s a Wonderful Life Event: A motion was made to approve the It’s a Wonderful Life Event by Emil Bove and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

Resolution – Levy Delinquent Mowing on Town/County Tax Bills: Mr. Earle stated this is to approve the levying of delinquent mowing charges on property owners’ Town/County tax bills. Mr. Morrell stated this may be subject to a Public Hearing for a local law. Discussion followed.

A motion was made to hold a Public Hearing at the December 4, 2012 Meeting, if necessary, relative to levying delinquent mowing charges and delinquent Water & Sewer Rents on Town/County tax bills by T.J. Casamassima and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Seneca Falls Police Department Purchases: Chief Peenstra stated the purchase of a copier and refrigerator can be submitted to our Grant Writer and the Town will be reimbursed up to 75% of the cost. Ms. Sauvageau SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012 mentioned that it’s the Green Government Program. The Chief recommended the purchase of a Lexmark copier at a cost of $5,955.00.

A motion was made to approve the purchase of the Lexmark Copier at a cost of $5,955.00 and a refrigerator at a cost of $996.00, with the Town being reimbursed up to 75% of the costs, by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Chief Peenstra stated the Police Department has had two defibrillators in service for 12 years; one has errors on the device which are non-correctible. These devices have saved many lives in the 12 years they have been in service. The Chief said they are extremely important to them in the Community, and they are asking that this AED be replaced.

A motion was made authorizing the purchase of an AED Automatic Defibrillator at a cost not to exceed $1,500.00 by T.J. Casamassima and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Approve Chief’s Proposal – Investigator’s Position: A motion was made to approve the Police Chief’s proposal to fill the vacant Investigator’s position by Sue Sauvageau and seconded by Duane Moore.

Chief Peenstra stated the Investigator’s position has been budgeted for 2012 but was never filled. He is requesting that the Board fill this vacant position. The appointment will be made internally; an Officer will be promoted to Sergeant, and there would be a vacant Officer’s position. Brief discussion followed.

The above motion made by Sue Sauvageau and seconded by Duane Moore to approve the Chief’s proposal to fill the vacant Investigator’s position was carried 4 ayes, 1 nay; Councilman Casamassima with the dissenting vote.

Adopt Wage & Salary Structure and Matrix: A motion was made to adopt the 2013 Wage and Salary Structure and Matrix for the Town by Emil Bove and seconded by Duane Moore. No questions. Motion carried 5 ayes, 0 nayes.

Levy Delinquent Water & Sewer Rents and Mowing Charges on Town/County Tax Bills: Mr. Morrell stated his understanding is that this requires a local law. He added if the Board would like to pass a resolution, he will research this further to see if a resolution is sufficient; if it’s not sufficient, the Board can proceed with a Public Hearing next month. Discussion followed.

A motion was made to levy delinquent Water & Sewer Rents and Delinquent Mowing Charges on Town/County tax bills by Sue Sauvageau and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

Purchase Copier – Town Offices: Mr. Earle stated this is under the same Rebate Program that the Chief mentioned. The Town Clerk noted the cost is $6,460.00 which is State bid price.

A motion was made to purchase a Canon copier for the Town Clerk’s Office at the State bid price of $6,460.00, with the Town being reimbursed up to 75% of the cost under the Rebate Program, by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Service Contract Renewal – Synergy: Mr. Earle stated this is for the all the phones in the Town Offices.

A motion was made to renew the Service Contract with Synergy for all the phones in the Town Offices by Sue Sauvageau and seconded by Duane Moore. No questions. Motion carried 5 ayes, 0 nayes.

SEQR – Citizens Empowerment Grant: A motion was made by Emil Bove and seconded by Sue Sauvageau to adopt the following Resolution: WHEREAS, the Village of Seneca Falls dissolved by a duly election of residents effective January 1, 2012; and WHEREAS, Village Law Section 19-1914, in effect at the time the dissolution procedure was commenced, stated “Unless such action shall be contrary to the plan or inconsistent with Law, the Town shall assume the duties and functions of the dissolved Village and continue to provide the services theretofore provided by the Village”; and WHEREAS, consistent with Village Law Section 19-1914, the Town of Seneca Falls has continued to provide the services of the former Village of Seneca Falls; and WHEREAS, the State Environmental Quality Review Act (New York State Environmental Conservation Law, Article 8) and its implementing regulations (6 NYCRR Part 617 et seq., the SEQRA Regulations”) (collectively “SEQRA”), continuing agency administration and management and the adoption of regulations, policies, procedures and local legislative decisions associated with such continuing administration are listed as Type 2 actions in 6 NYCRR 617.5(20) and (27). NOW, THEREFORE, BE IT RESOLVED: SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012

1. The Town of Seneca Falls finds that all actions undertaken, pursuant to Village Law Section 19-1914, to purchase a patrol vehicle and computer upgrades required to provide expanded police services to an area comprised of the Town as well as the former Village of Seneca Falls are Type 2 actions under SEQRA; and 2. Pursuant to 6 NYCRR 617.5, these actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under SEQRA. No questions. Motion carried 5 ayes, 0 nayes.

Pool Credits: A motion was made approving the pool credits as outlined and prepared by Mrs. Havelin on October 24, 2012 by Emil Bove and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Approve Payment – Pump Station Emergency Power Improvements: A motion was made to approve the first payment in the amount of $68,020.00 for the Pump Station Emergency Power Improvements by T.J. Casamassima and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Highway – Purchase Security Cameras: Mr. Earle stated Mr. Wood has requested the Board to consider security cameras. Mr. Wood stated due to the increased traffic coming in to dump, he is requesting that the Board approve the installation of cameras. He said people have been coming in at night dumping all kinds of materials. He also has six vehicles and attachments outside. Mr. Wood contacted Covert Security who will install seven cameras around the drop-off area and the building. He has money in the 2012 Budget; it is recommend that 50% be paid when ordered, and the 50% balance will come out of next year’s Budget.

Mr. Bove stated the Town has been spending a lot of money on security, and it all seems to be with Covert. He doesn’t know if that is the most cost effective way to do this. Mr. Casamassima asked if Mr. Wood could get a couple of estimates. Brief discussion followed.

A motion was made to table the purchase of security cameras until next month’s Meeting by Emil Bove and seconded by T.J. Casamassima. No questions. Motion carried 5 ayes, 0 nayes.

STS Bus Shelter: Mr. Earle stated they have asked for approval to install the shelter near the Hotel Clarence. They ran into some problems, and have submitted a secondary plan; the actual shelter will be placed on the Hotel property which has been approved by the Owners of the Hotel. Mr. Earle said they are asking the Town’s approval to make the area between the sidewalk and the curb level so that it will be in compliance with ADA.

A motion was made to approve the installation of the Bus Shelter on the Hotel Clarence property, and to approve making the area between the sidewalk and the curb level so that it will be in compliance with the ADA by Sue Sauvageau and seconded by Emil Bove. No questions. Motion carried 5 ayes, 0 nayes.

Payment of Bills:

A motion was made by Emil Bove and seconded by Sue Sauvageau to approve and order paid the following bills: General Fund - $197,368.50 (Abstract #11) Vince’s Park Fund - $1,290.21 (Abstract #11) Miscellaneous Fund - $30,992.98 (Abstract #11) Water Fund - $38,853.91 (Abstract #11) Highway Fund - $16,068.84 (Abstract #11) Sewer Fund - $400,483.78 (Abstract #11) Recreation Fund - $9,896.36 (Abstract #11) No questions. Motion carried 5 ayes, 0 nayes.

At 9:45 P.M., a motion was made to go into Executive Session relative to a personnel matter and litigation by Emil Bove and seconded by Duane Moore. No questions. Motion carried 5 ayes, 0 nayes.

A motion was made to reconvene the regular Meeting at 11:20 P.M. by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Being there was no further business, a motion was made to adjourn the Meeting by Duane Moore and seconded by Sue Sauvageau. No questions. Motion carried 5 ayes, 0 nayes.

Meeting adjourned at 11:10 P.M.

Respectfully submitted,

NICALETTA J. GREER Town Clerk SENECA FALLS TOWN BOARD PUBLIC HEARING & MEETING NOVEMBER 8, 2012