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HomeMy WebLinkAbout10-13-2016 Town Board Meeting Minutes ApprovedVirgil Town Board Meeting October 13th, 2016 1 | P a g e TOWN OF VIRGIL REGULAR MEETING October 13H 2016 PRESENT: Supervisor John Kaminski, Board Members Eric Snow, Jereme Stiles and Matthew Denniston, Gary Pelton, Town Clerk Alane Van Donsel, Attorney Patrick Snyder, John Morse Highway Superintendent, Rick Horner Assistant Highway Superintendent, Demont Lang Highway Department, Walt Nichols Highway Department, Craig Umbehauer Code and Zoning Enforcer (did not sign attendance sheet), Douglas Withy W2Operators, Jenea Withey W20perators, Derek Withy W2Oerators, David Coish Yaws Environmental, Wes Kryger Greek Peak, Teri Pelton Virgil Youth Commission, Stacy Kelsey Virgil Youth Commission, Marge Hubbert, Dale Taylor, George Saltsman, Gail Sherman, Loren Sherman, Brittany Sherman, Chris Applegate, Melissa Oltz, Judith Hope-Klessig, Dan Klessig and Sarah Dovi, . 7:00 PM – PUBLIC HEARING LOCAL LAW #1 2016: OVERRIDING THE TAX CAP ON THE 2017 BUDGET: Town Supervisor John Kaminski opened the Public Haring. He asked the Town Clerk Alane Van Donsel to read the Legal Notice dated September 30, 2016. Marsha Hubbard was the first resident to speak and she asked for clarification on the Tax Cap Override. Supervisor Kaminski said that the board will have to override the tax cap in 2017 because the town had a frontend loader that died and couldn’t be fixed. He said there will be a payment of $37,000 for three years on that piece of equipment. He also said that Greek Peak is suing the town to lower their taxes. He said that $25,000 had to be put into a fund to cover legal expenses to fight the legal battle. Kaminski said the amount the town can raise in 2017 is $1100 which is 0.68%. Kaminski said that right now that tax rate is $2.64 per one thousand dollars of assessed value. He said because of these extra expenses the budget was up to $2.83 per 1000. Dan Klessig said that was a 7.3% increase. Kaminski said that it takes a local law to override the tax cap. He said there doesn’t have to be a vote. Kaminski said that the public needs to be aware that 2% is not a real percentage. Member Stiles said that the Calculation is based on many factors. Stiles said that the bookkeeper Gina Nourse could explain it better. Dan Klessig felt that there is a big difference between 7.3% and .068% Supervisor Kaminski said the raise in the levy is due the loader and the law suit. Klessig is concerned that once taxes are raised to 2.83 per thousand, they won’t go down. Kaminski said that he is worried about next year’s budget because the town must add another $30,000 to the budget for Workers Compensation. He said that in the past it was paid by the county, but next year they will be passing on this expense to the t owns. Kaminski said that there will be another budget workshop on Tuesday and it is an open meeting. He said that the board will be looking at the numbers and they will be discussing the budget. Chris Applegate asked if the town had insignificant funds in the reserve accounts. Kaminski said that the board has been using funds to keep the budget down. Stiles said that left over surplus, must be put into reserve accounts. He said that it can’t be rolled over into the general fund. D. Klessig said that he had concerns about the addition and now the town has used all the reserves. Stiles said that every year money has been set aside and they haven’t raised taxes, because they have used surplus. Stiles said that the surplus has been depleted. Stiles said that the town can’t count on sales tax because it has been high in the past, but now the price of gas is down. Dale Taylor asked if the board kept the sales tax revenue estimate the same. Kaminski said yes. Kaminski said the sales tax revenue did play a role in the past. Taylor asked if the building ca me in under budget. Kaminski said yes. Stiles said that once the money is put into reserve it can’t be used for anything else. Applegate thought it could be transferred from one reserve to another. Kaminski said it can’t be changed at the end of the year. Klessig said that the board decides where it goes, extra money gets put into a reserve account and he was wondering if a lot of money was going into the building reserve account. Stiles said that was not the case, he said it’s been spread out evenly among all the reserve accounts. He said the board didn’t dump a significant amount of money into the building reserve account. Stiles said that one thing that hurt was having to buy a loader this year. Stiles said the town is still decent in the other reserve accounts. Kaminski said they had $32,000 in the highway fund and $52,000 in the general fund. Stiles said that the setup is decent, as the town had to buy a new compactor last year and they could pay cash for it. Klessig said that two years ago the town purchased a new truck. Stiles said that is another reason why the reserves are down. Applegate asked if the board won’t have to put a lot of money in the building reserve fund now that the building is done. Stiles said he was wondering the same thing, but bookkeeper Nourse said that wasn’t the case, because the roof at the highway garage will need to be replaced soon. Applegate asked if the board knew what the Highway department needs are in the next couple of years. Kaminski said that they need a backhoe. He also said that they are on a rotation of replacing a plow truck every five years. He said once you pay one truck off, they will purchase a new truck. He said it’s a constant cycle. He also said that next year the town is going to have to pay for workman’s compensation. Highway Superintendent Morse said that when he first started the cost of a truck was $103,000 and they now cost $205,000. He also said that they mow so much more now and the cost of maintenance has gone up a lot. Morse said that he asked for more money for fuel, but in the last budget meeting he said because it was a light winter they took $20,000 out of the budget to try and keep costs down. He said that some towns are in a lot worse shape. He said that to fix the backhoe, it would cost $22,000 to fix and its only worth $12,000. Morse said that the budget is not that far off, if it weren’t for Greek Peak suing the Town, it would be a lot closer. Applegate said it seems the town needs more revenue. She said a lot comes from sales tax. She was wondering if it would be wise to change the zoning law to bring in more business. Kaminski said that people can apply for a variance. He said if people are interested in bringing more business to the town, the board is willing to look at that. Stile said that a perfect example is the gas station on Webb Rd. Stiles said that property has been zoned commercial for a long period, but many people were very unhappy with the gas station going in. A Motion to Close the Public Hearing was made by Member Stiles at 7:20 PM. The Motion was seconded by Member Pelton. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None. Matt Sherman approached the board. He presented a printed picture of a picnic table that his family would like to donate in memory of his dad Loren. Member Stiles said the board was thinking it would be nice to have a plaque put in the new addition. Matt said he’s going to think about it. The family said they are interested in doing both. Virgil Town Board Meeting October 13th, 2016 2 | P a g e Dale Taylor said he is interested in serving on the Board of Assessment Review. He also said that he has contacted NYSERDA regarding solar panels and he said the town can oversee an array and the town can lease out the power to other people. He said the town has to have ten clients and the town already has four with the town Hall, Highway Garage and Water and Sewer facilities. He said they only need six other meters. 7:30 PM – THE REGULAR MEETING WAS CALLED TO ORDER Supervisor Kaminski called the meeting to order, followed by the salute to the flag. RESOLUTION# 16-082 APPROVAL OF MINUTES Draft of Board Regular Meeting Minutes dated Sept 08th, 2016: Member Stiles moved to approve the minutes for September 08th 2016 with some corrections. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None. RESOLUTION# 16-083 AUTHORIZATION TO PAY BILLS GENERAL FUND: Member Denniston moved to approve payment of the General Fund’s audited vouchers numbered 242-271 in the amount of $47,977.43. The motion was seconded by Member Snow. Member Pelton asked why the Town was paying for Hope Lake Admissions. Pelton thought the Town was paying for management. Member Stiles said that was for Hotel Access, He sai d the Town gets the money back. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None HIGHWAY FUND: Member Denniston moved to approve payment of the Highway Fund audited vouchers numbered 1182-1197 in the amount of $33,245.63 The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None There was a question about a chain saw. Morse said that it cuts blacktop. CAPITAL PROJECTS-HALL ADDITION FUND: Member Denniston moved to approve the audited vouchers numbered 5009- 5010 in the Amended amount of $17,797.41. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None SEWER DISTRICT #1: Member Denniston moved to approve payment of the Sewer District #1 audited voucher’s numbered 2118- 2135 in the amount of $23871.22. The motion was seconded by Member Snow Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None WATER DISTRICT #1: Member Denniston moved to approve payment of the Water District #1 audited vouchers 3042-3049 in the amount of $5,555.58. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None MONTHLY REPORTS SUPERVISOR’S MONTHLY REPORT FOR September 2016: Member Stiles moved to accept the Supervisor’s Monthly Report in Long form for September 2016. Member Denniston seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays –None TOWN CLERK’S MONTHLY REPORT: Member Denniston moved to accept the Town Clerks Monthly Report for September 2016. The motion was seconded by Member Pelton Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None SEWER DISTRICT OPERATIONS REPORT: Member Snow asked about the clarifier. Dave Coish reported that it will be down for a week and then it will be inspected by the DEC. Snow asked if they plan on moving the fence. It was stated that they will not be moving the fence. They said there will be trees planted and they have been ordered. Member Stiles motioned to accept the Sewer District’s report. The motion was seconded Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None WATER DISTRICT OPERATIONS REPORT: Member Snow said that the town needs keys to the water district build ings including the shed. Member Pelton said they need two keys at the town hall with the Town Clerk. Wes Kryger said they have been having an issue at the adventure center with high water usage bills. He said there was a calculation that 313 thousand gallons of water was used. He said there is no way that much water was used. Wes said he would like to know the process and figure out why their water bill has tripled. Withy said he is not sure what it is. He said that he is thinking it’s the program at the town hall. Withy said that Janea is going to meet with Gina to try and figure this out. He thought that they may need to do the calculation the old fashion way. Member Denniston motioned to accept the Water District’s report. The motion was seconded Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None ANIMAL CONTROL OFFICERS: There was no report submitted this month. CODE ENFORCEMENT OFFICERS REPORT: Member Denniston motioned to accept the Code Enforcement Officers report. The motion was seconded Member Snow. There was some discussion about Summons regarding a property in Virgil. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None COUNTY LEGISLATOR’S REPORT: A written report was submitted by County Legislator Sandy Price. Member Denniston motioned to accept the County Legislators report. The motion was seconded Member. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None Virgil Town Board Meeting October 13th, 2016 3 | P a g e VIRGIL YOUTH COMMISSION REPORT: Teri Pelton of the Youth Commission submitted a written report. Supervisor Kaminski asked if they had a list to give to the Town Clerk with the names, addresses and amounts that are due still from the Before and After School Program. Stacy Kelsy submitted the report. Teri Pelton said that the Youth Commission is planning the 3rd Annual Harvest Party. It will be held on a Friday night this year and they will have glow in the dark events. Pelton said that Greek Peak Ski Club is gearing up and the Before and After School is going well and is connecting with the PTO. Pelton said that things are looking good. Member Stiles motioned to accept the Virgil Youth Commissions report. The motion was seconded Member Denniston. Vote: Ayes- Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None HOPE LAKE OPERATIONS REPORT: Wes Kryger said that the DEC did an inspection of the Dam and everything has been taken care of except the engineer’s report. Kryger said that they are getting a quote from Tim Buell, as his company is the one who installed the Dam and he thought they would be more reasonably priced. Kryger said that the park n eeds a copy of the report on file. Kryger said that the park has been put to bed for the winter. The Committee talked about fireworks for the fourth of July and in past Greek Peak spent $2500 on fireworks. Member Stiles asked if Kryger could email the fireworks info to the board . Stiles wanted to know how much notice the fireworks company needs. Kryger said they are usually good, only a couple of months HOPE LAKE PARK COMMITTEE REPORT: Committee Chair Gary Pelton stated that there is still a nuisance problem at the park. He said there is still work that needs to be done as well. Member Stiles said that Cedarwood is giving a price on the bridge and the sand bar. He said they would do the work from start to finish and they would work with the DEC. Stiles said a lot of the gravel can be reused. Pelton asked if there was a bid to paint the buildings. Kryger said that JR has some quotes. Pelton said that this should be bid out in the spring. HIGHWAY SUPERINTENDENTS REPORT: Highway Superintendent submitted a written report. The board asked some questions about the shoulders on Church Street. Lang said that it was all done and the c ones were picked up that day. Member Stiles motioned to accept the Highway Supervisor report. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. OLD BUSINESS UPDATE ON CREEK RECLAMATION: Member Stiles said that the work at the creek was all done except the installation of the fence and the planting of the trees. Stiles said that 29 new trees have been ordered. UPDATE ON OFFICE FURNITURE FOR NEW ADDITION: There were quotes from three vendors. Member Stiles wanted to look at the procurement policy before accepting a quote. Stiles was wondering if furniture falls under the same policy. Stiles said they are looking for specific items. The lowest quote was for $8,600 from Hummel’s and the highest was 16,000 from Furnishing Solutions. It was stated that was almost a $11,000 difference. Attorney Snyder looked at the procurement policy and he said that there needs to be an oral request from at least 2 vendors, or the board needs a written RFP- from three vendors depending on the price. The board was thinking the cost was going to come in between $3500- $4000, but it came in higher. Snyder said that based on review of the procurement policy the board should go with the lowest price. He felt it was fine to accept the lowest bid. RESOLUTION#16-084 PUCHASE FURNITURE FOR THE TOWN HALL ADDITION: Member Stiles made a motion to accept the lowest bided price from Hummel’s Office Plus in the amount of $8,613.46. The motion was seconded by Member Denniston. Vote: Ayes- Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. NEW BUSINESS RESOLUTION #16-085 LOCAL LAW #1, 2016 OVERRIDING THE TAX CAP ON THE 2017 BUDGET: A motion was made by Member Denniston to approve Local Law #1 of 2016, Overriding the Tax Cap on the 201 7 Budget. The motion was seconded by Member Stiles. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. OPEN RFP’S FOR THE WATER AND SEWER DISTRICT: There were three sealed Bids submitted. Town Clerk Van Donsel opened them one at a time. Bid #1 W2OperatorTraining Group, LLC: Bid for Water District #1 only $36,000 for 2017, $36,500 for 2018, $37,000 for 2019 and $37, 500 for 2020. Bid #2 YAWS Environmental Process Control, Inc.: Yaws bid $4,000 per month or $48,000 a year for the Sewer District and $2,500 a month or $30,000 a year for the Water District. Bid #3 Camden Group: Operations and Maintenance of Water District #1 $40,200 per year and Operations and Maintenance of Sewer District #1 $42,000 per year. The board will be reviewing the bids and they will decide as to whom will get the contract at the next Town Board meeting. RESIGNATION OF JEAN ELLSWORTH FROM THE BOARD OF ASSESSMENT REVIEW: Jean Ellsworth submitted a letter of resignation from the Board of Assessment Review. Virgil Town Board Meeting October 13th, 2016 4 | P a g e RESOLUTION #16-086 APPOINT NEW MEMBER TO THE BOARD OF ASSESSMENT REVIEW: Three residents were interested in serving on the Board of Assessment Review. Michael P. Stone and Sarah Dean Submitted Resume’s and Dale Taylor submitted an E - mail of interest. The board reviewed the resumes. Member Stiles made a motion to appoint Sarah Dean to the board of Assessment review based on her resume. The motion was seconded by Member Denniston. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. SURPLUS OF VARIOUS ITEMS FROM THE TOWN HALL: The Town Clerk was unable to get the list together for this meeting. RESOLUTION#16-087 SNOW PLOWING AGREEMENT WITH THE CORTLAND ENLARGED CITY SCHOOL DISTRICT: Member Dennison made a motion to accept the Snow Plowing Agreement with the Cortland Enlarged City Scholl District to plow Virgil Elementary School parking lots as presented. Member Stiles seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. RESOLUTION #16-088 SWEEPING AGREEMENT WITH THE CORTLAND ENLARGED CITY SCHOOL DISTRICT: Member Stiles made a motion to accept the Sweeping Agreement with the Cortland Enlarged City Scholl District to sweep Virgil Elementary School par king lots as presented. Member Pelton seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. RESOLUTION #16-089 WATER AND SEWER TAX RE-LEVY: Member Stiles made a motion to accept the Water and Sewer Tax Re-levy as presented. Member Denniston seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. FINAL PAY APP- RICKY YALE CONSTRUCTION: Member Stiles said that the Board already approved this payment in the vouchers. Stiles said that he is going to talk to Chuck Weeks before releasing the final payment. Attorney Snyder asked if Weeks said that everything was done. Stiles said he wants to check with Weeks. RESOLUTION#16-090 DRYDEN AMBULANCE CONTRACT: Member Stiles made a motion to accept the Dryden Ambulance Contract as presented. Member Denniston seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. RESOLUTION#16-091 APPOINT BRIAN FITTS AS TOWN ASSESSOR: Member Stiles made a motion to appoint Brian Fitts as the Assessor for the Town of Virgil subject to the approval of Cortland County and the State of New York if necessary. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. EXECTIVE SESSION: In Accordance with Public Officers law section Article 7, Section 103, Supervisor Kaminski called for an Executive Session at 8:20 PM to discuss a legal matter. A motion was made by Member Stiles, seconded by Member Pelton. Vote: Ayes- Members Pelton, Snow, Stiles, Denniston and Kaminski. Nay-None. END EXECUTIVE SESSION: Executive Session was adjourned at 8:30 PM. Moved by Member Denniston, Seconded by Member Stiles . Vote: Ayes-Members Pelton, Snow, Stiles, Denniston and Kaminski. Nay-None. ADJOURN: With no further business to discuss, Member Stiles moved to adjourn the meeting at 8:32 P.M. Member Denniston seconded the Motion. Vote: Ayes-Members Snow, Denniston, Stiles and Kaminski. Nays: None. Respectfully Submitted by, Alane Van Donsel, Virgil Town Clerk