VILLAGE BOARD MEETING MINUTES - JULY 12, 2010

     Mayor Skeet opened Regular meeting at 7:00 pm.

     Members present: Mayor Skeet, Trustees Peterson, Bielec and Graham. Trustee Sobczak was absent. Also present were Code Enforcement Officer John Good, Zoning Officer Darrell Ward and Village resident Ken Lauer.

     Discussion with John Good and Darrell Ward began with a discussion of swimming pool codes as there have been many questions on the subject. They explained NYS code and how it has changed with the evolution of the new soft sided pools, which are now required to have both zoning and building permits as well as alarm systems. It was explained that NYS sets “minimum” standards which the Village must follow and that the Village can make them stricter but cannot make them less. They reviewed a few code violations they have been looking into and what procedure is best to follow. Board questioned whether long standing pools would be “grandfathered” in and were informed they would not.  Brief description of the alarm system required was also given. It was determined by the Board that no one would be exempt and that the Code Officers were to enforce the pool codes.

     Board members also mentioned that they have seen no progress in the cleanup of the destroyed greenhouses at Petals and Plants.  The Board felt that as a year has passed since the tornado, they have been allowed more than ample time for cleanup. The proposal from the salvage company presented at the last meeting was dated early May and the time frame designated in letters sent to the owners has passed. They are currently in violation of NYS Law as well as local “Unsafe Building” law. Mr. Good and Mr. Ward were questioned as to the next step in the process.  Options were discussed and it was mentioned there were basically two ways to go.  The Village can take the owners to Court on the issue which could result in fines to the owner for noncompliance or issue an order of Demolition and the Village would clear the area at the owner’s expense.  Code Officers were instructed to move on to the next step immediately and issue a certified letter explaining this to the owners.

     The Board requested both Mr. Good and Mr. Ward to provide the Board with copies of all permits issued and letters sent out on a monthly basis. Clerk will forward copies to Trustees via e-mail as the Office maintains the records.

     A request for removal of the Special Use Variance on 58 West Main Street was discussed.  Frank and Kathleen Panepento, current owners of the property, have requested the removal to designate the property back to strictly residential and a notarized letter indicating the request was presented to the Board.  John Good said if approved, a new Certificate of Occupancy would need to be issued for the property. Clerk will follow up on any required paperwork needed and prepare the Certificate of Occupancy for signature.
      
     Motion was made by Trustee Graham and seconded by Trustee Bielec to approve removal of Special Use Variance on 58 West Main Street, currently owned by Frank and Kathleen Panepento to return the property to strictly residential.

     Motion was made by Trustee Graham and seconded by Trustee Bielec to approve minutes of 6/28 committee meeting.

     
Communications:

• Rec’d ck#7076 in amt of $642.85 from Denise Beal for Ins. Pymt.
• Rec’d ck#35214 in amt of $84.50 for scrap metal from Ed Arnold Scrap.
• Rec’d ck#56231133 in amt of $238.63 from Frontier for qtrly Utility Tax.
• Rec’d ck#6787 in amt of $5.00 from Bonarigo Attys for Tax search on 10 Meadowbrook Terrace.
• Rec’d ck# 694 in amt of $17,010.00 from Judge Alexander for June fines.

  
      Motion by Trustee Bielec and seconded by Trustee Peterson to approve Treasurer’s Report.

Vouchers: #214627 thru 214692
General Fund                     – Total Am’t = $ 73,268.91
Sewer Fund                                       -  Total Am’t =  $ 19,040.71

     Motion by Trustee Peterson and seconded by Trustee Bielec to pay the above General and Sewer bills.

     Clerk presented Board with Drainage Grant bills totaling $67,293.66 for approval to submit to Office of Community Renewal for payment.

     Motion by Trustee Bielec and seconded by Trustee Peterson to approve submitting bills totaling $67,293.66 to Office of Community Renewal for payment.
   

      Discussion took place regarding problems with the office phone system. The clerks have had issues with the lack of storage space on Court voice mail as well as lines being tied up so no calls can be made out if two lines are in use. Currently the Police Office, Court Office and main office are on the system.

      Trustee Graham has called the company that installed the system and they indicated that the Village has minimal capacity for message storage. The possibility of adding another line was discussed, but it was suggested the Clerk contact Ronco for a second opinion on the system as they handle the same brand system.

     Clerk informed the Board that Steve Vathy, computer technician for the Village, was in the office Friday in response to request by Court Clerk regarding computer problems as well as problems both offices have been having with the internet sporadically shutting down. He spent approximately 5 hours working on the systems.

     Mayor Skeet gave a brief Police update. He mentioned he had spoken to Court Clerk Brandi Watts and she indicated that she believes tickets are up from last year, but at present revenues are slightly down due to no-shows. She indicated that due to large volume due in upcoming July court revenues should go way up.  She also had mentioned to him that it was passed on to Police Administrator Jim Meier that officers should bring in AUO’s for arraignment at the time of ticketing rather than issue appearance tickets as those individuals have a tendency to be no-shows which doubles the paperwork and may result in loss of revenue.  She had also conveyed to him that where previously they had allowed three no shows before issuing suspensions, they are now only allowing two no-shows.

     It was also mentioned that Clerk Thomas has submitted the 2011 DWI Grant paperwork and that a new part-time officer, Tim Cuaghel, is in the process of being trained by Officer Retzlaff.

     Brief discussion took place regarding a drainage pipe issue on Depot Street. The owner at 10 Depot has reported that the culvert pipe under his driveway at edge of road is rusting and crumbling and feels it is the responsibility of the Village to replace it. The question of whether it was in the Village right of way and what responsibility the Village has under Village Law was discussed.  It was suggested checking the condition and measuring for location be taken care of and then to contact the Village Attorney regarding the responsibility of the Village.

     Trustee Graham updated the Board on the addition of Dave Barsuk as a part-time “on-call” employee. Civil Service paperwork has been submitted. Trustee Graham said Charlie Philion from the Office of Community Renewal has indicated that the Village can have their own forces do the additional work for the Drainage Grant on Longs Lane and get reimbursed for it.  The most recent bid from Zoladz to do the additional work was approximately $42,000 and Trustee Graham indicated if we have our own forces do the work it is estimated to run between $15,000-$20,000.

     Other Drainage Grant issues were briefly discussed. Mayor Skeet expressed his concern over the deep “swales” (ditches) in front of homes that will not be covered over.  He also questioned the swale in back yard at 6 Meadowbrook Terrace, which virtually cuts their back yard in half with a “creek”.  It was explained to him that in that case the Engineers said there is nothing else that can be done as the Army Corps of Engineers and DEC won’t allow a change in the contour of the land.  The next progress meeting is July 19th at 8:30 am.

     Trustee Graham reported in the Sewer Department the air lifts are all out and pumps are all installed.  He said they went from 92% to 78% on one blower and to 60% on the second blower.  Besides the savings in energy bills, this should lead to considerable savings in replacing blower motors. He said we should have a pretty good idea of Kwh savings by the next meeting.  He said the sewer and maintenance guys did a great job and that it was all done in-house.

     Mayor Skeet mentioned how good the Sewer Plant is looking. It was decided that due to the success from last year, another Open House should be held to offer Village residents an opportunity to see the improvements and learn how the plant works.  The date of Saturday August 28th from 10:00 am – 2:00 pm was decided on. Information will be put on Sewer bills to inform the residents.

     Mayor Skeet also mentioned he had received a correspondence from Town Supervisor Jim Tuttle regarding selecting three possible dates for a meeting to continue talks about Sewer expansion to the Town of Pembroke. Board agreed on three possible dates.  In his correspondence Mr. Tuttle had indicated that Trustee Graham should not attend the meeting as he felt it would be conflict of interest. Mayor Skeet requested Clerk to e-mail Supervisor Tuttle of the three possible dates and to advise him that Trustee Graham would be attending as he is an integral part of the Village Board and that NYCOM attorneys have been contacted regarding any possible conflict of interest and it was found there was none.

     It was determined that Grant presentations to be made at the upcoming committee should be rescheduled as two Trustees will be out of town that evening. A date of Thursday July 22 at 7:00 pm was agreed on by Board members. Clerk will contact Grant firm representatives to confirm date with them.

     Clerk informed Board that she and Deputy Clerk Beal had a meeting with Go-Art representative on Tuesday July 6th at 6:00 pm to review upcoming application for Go-Art grant and any changes there may be.  Clerk requested Board to start thinking about the upcoming Winterfest for information for in the application.

     Trustee Dave Bielec gave a brief update on the conference call he sat in on with National Grid and NYCOM and other municipality representatives from WNY on July 7th.  In a nutshell it boils down to there was a period when National Grid paid the municipalities Utility Tax on portions that it shouldn’t have (and at that time had requested reimbursement from the municipalities for the overpayments), then National Grid didn’t pay municipalities for portions of utility tax that should have been paid.  They are basically suggesting an agreement that would forgive the municipalities the amount they say is owed back to them and in turn the municipalities would forgive any amount from the period that National Grid owed the municipalities the portion unpaid, essentially creating a wash and starting fresh.  Trustee Bielec said the call and questions asked were very interesting and that National Grid would be drawing up a new agreement for the Village for our (and our Attorneys) review and signatures.

     Back to the Drainage Project briefly, Trustee Graham mentioned in one of the back yards where the crews are currently working they got slightly stalled when they ran into a HUGE rock.  They kept digging and digging and still haven’t found the bottom of it yet. After considering whether to try to go around it, they decided they will be bringing in their “buster bucket” to try and go through it.

     Village resident Ken Lauer questioned whether there was any ordinance about noise pollution in the Village.  His complaint was the volume of the mufflers on the motorcycles and jake breaks on semis.  Mayor Skeet responded that it had been looked into and that on that issue there is nothing that can be done because Routes 33 and 77 are State roads.  Regarding a noise ordinance in general, noise cannot disturb neighbors and their quality of life.

     Motion made by Trustee Graham and seconded by Trustee Bielec to adjourn meeting.

     Meeting was adjourned at 9:33 pm.

Sandra Thomas
Clerk Treasurer