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HomeMy WebLinkAbout03-26-2015 Town Board Special Meetign Minutes AppovedTown of Virgil Regular Meeting 03/12/2015 1 TOWN OF VIRGIL REGULAR MEETING March 12TH 2015 PRESENT: Supervisor John Kaminski, Board Members Dale Taylor, Eric Snow, Jereme Stiles and Matthew Dennison, Attorney Patrick Snyder Esq., Town Clerk/Collector Alane Van Donsel, Brian Withy W20perators, David Coish Yaws Environmental, Craig Umbehauer ( Did not Sign Attendance Sheet) John Morse Highway Superintendent, Rick Horner Asst. Highway Superintendant, Demont Lang Highway Dept, Wes Kryger Greek Peak, Dan Haynes. 7:00 PM – TOWN HALL MEETING: There was no comment made during this section of the meeting. 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# 14-048 APPROVAL OF MINUTES Draft of Town Board Regular Meeting Minutes dated February 12th, 2015: Board member Taylor moved to approve the minutes of the February 12th 2015 Town Board Meeting with some corrections. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. RESOLUTION# 14-049 AUTHORIZATION TO PAY BILLS GENERAL FUND: Member Taylor moved to approve payment of the General Fund audited vouchers numbered 48-60 in the amount of $11,411.14. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. HIGHWAY FUND: Member Taylor questioned Superintendent John Morse regarding Voucher 1064 Triple Cities Acquisition LCC in the amount of $700.00. Morse said that was for rims that were the wrong size and sent back. Member Taylor moved to approve payment of the Highway Fund audited amended vouchers numbered 1058-1082, removing part of voucher Number 1064 in the amount of $700.00 for a total amount of $29,578.85. The amended motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Stiles and Denniston Kaminski. Nays- None. SEWER DISTRICT #1: Member Taylor moved to approve payment of the Sewer District #1 audited vouchers numbered 2022-2029 in the amount of $ 10,240.24. The motion was seconded by Member Stiles. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. WATER DISTRICT #1: Member Taylor moved to approve payment of the Water District #1 audited vouchers numbered 3013-3019, In the Amount of $4300.51. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles and Denniston Kaminski. Nays-None. MONTHLY REPORTS SUPERVISOR’S MONTHLY REPORT: Member Stiles moved to accept the Supervisor’s Monthly Report in short form for February 2015. Member Taylor questioned if the board would be receiving a report in long form next month. Supervisor Kaminski stated yes. Member Snow seconded the motion Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. TOWN CLERK’S MONTHLY REPORT: Member Stiles moved to accept the Town Clerk’s Monthly Report for February 2015. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. SEWER DISTRICT OPERATIONS REPORT: David Coish of Yaws Environmental Process Control, Inc. reported that that the insurance has changed and that the Town can get a new insurance policy. Member Taylor asked how the cold weather bugs were working. Coish said well and they will adapt to the warmer weather as well. Coish stated that he just got all the ice broken up. It was asked of Coish if there were any concerns with the DEC; Coish said he didn’t believe so. Code and Zoning Officer Umbehauer asked if Coish knew if Greek Peak was keeping up with the grease traps. Member Stiles said that Ted McBride was up at Greek Peak and cleaned out the traps, he said that McBride is going to be on a schedule, perhaps cleaning out the traps three times a year. Coish was wondering if the Town was interested in having him inspect the traps regularly and keep a log when it is done. Supervisor Kaminski stated that he board is going to look at developing Sewer district rules and that would be a part of the rules. Member Stiles stated that the town needs to come up with a policy. He said right now the town has noting in writing that says who is responsible for these concerns. Member Snow asked about what was going on with FEHER Trash removal? He said that he sees the town has received another bill. Attorney Pat Snyder said the he will send them another letter. Member Taylor made a motion to accept the Sewer Districts oral report. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. Town of Virgil Regular Meeting 03/12/2015 2 RESOLUTION#15-050 PURCHASE STEEL STRINGERS FOR WASTE WATER TREATMENT PLANT: Member Stiles mentioned that there is an emergency repair that needs to take place at the Waste Water Treatment plant. He said that Dave Coish submitted a price Quote from Accufab Inc for 4 feet steel stringers and to reinstall treads and handrails at the plant. Member Stiles motioned that the board allows the Waste Water Treatment plant to purchase these stingers in the amount of $1870.00. The motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. WATER DISTRICT OPERATIONS REPORT: A written report was submitted. Brian Withy from W2Operators reported that with the very cold weather they were expecting many more meter freezes. He thinks that the snow helped a lot. He said they did have pipes freeze at the adaptive center at Greek Peak. He said the building wasn’t used for three to four days and it caused the freeze. He said it would be better if a trickle of water was running to avoid this. Withy said that he got the stakes for the fire hydrants at Kypriotis and Amalia and that he plans on keeping the weeds down this summer by weed eating. Supervisor Kaminski asked if perhaps they should use grass killer. Withy said that one way or another the weeds will be kept down and that he plans on getting on a schedule to install the stakes in September when he does he meter readings that time of year. Member Taylor made a motion to accept the Water Districts report. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. ANIMAL CONTROL OFFICER’S REPORT: A written report was submitted by Lindsay Anderson of Country Acres Pet Services from Homer, NY. There was some confusion as to why a dog from Groton was Virgil’s responsibility. Town Clerk Van Donsel said that Country Acres paid an adoption fee to the Town of Virgil. Van Donsel said that she would call Country Acres to get clarification. Member Taylor motioned to accept the Animal control Officers report. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. CODE ENFORCEMENT AND ZONING OFFICERS REPORT: A written codes report was submitted by Code and Zoning Officer Craig Umbehauer. Member Taylor asked what was going on with the Rod and Gun Club. Umbehauer said that they are in the process of doing the paper work. He said there is going to be a Public Hearing in front of the Zoning Board of Appeals on March 23rd. John Morse said that its going to be a Sportsman’s Club with a shooting range. Taylor asked if there was going to be a restaurant there. Morse said that there is a kitchen there and that he talked to the Health Department and they cleaned it all out. He said that they are not going to be serving the public only members. Supervisor Kaminski thanked Morse for taking care of this. Umbehauer said that building season is going to start very soon and there are four or five new houses going up in Virgil. Member Taylor motioned to accept the Code and Zoning Officers report. The motion was seconded by Member Snow. . Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. COUNTY LEGISLATOR’S REPORT: No report was submitted by County Legislator Sandy Price this month. Legislature Price was unable to attend the meeting due to illness. VIRGIL YOUTH COMMISSION REPORT: There was no Virgil Youth Commission Report. HOPE LAKE OPERATIONS REPORT: There was some discussion regarding the PeakFest that will be happening on July 18th. Code and Zoning Officer Umbehauer wondered if the Town wanted to look into a local Law for large events. He wanted to know if the Town wanted to put some constraints. Member Stiles wondered what kind of constraints he talking about? He said that he didn’t think the Town wanted to do that, because what would be the difference between a concert in the summer and a really busy ski day when the parking lot is full and there is tons of traffic. He didn’t see where the Town wanted to constrict Kelly Pickler coming to Town. Stiles stated that he wished that communication between Greek Peak and the Town was better. He said that there was a press conference, but no one from the Town was invited. He felt that the Town should be informed as to what is going on at Greek Peak. Member Taylor mentioned about the motor cross races as well. Taylor said it would be nice to know these things ahead of time. It was asked of Attorney Snyder if other Towns require special permits for events. Snyder said that some Towns do require it, but not too many, he said it would involve a Local Law and fees would be involved. Wes Kryger said that he thought that Geek Peak was going to link to the Town of Virgil Website. Town Clerk Van Donsel said that he she thought the Town wasn’t allowed to promote businesses on the website. Kaminski said that he thought it would be ok. Van Donsel said she found out from Facebook and that she felt that Facebook was an effective way to communicate. There was some discussion regarding Emergency procedures. Kryger said that there is no separate contract with TLC, but if something should happen the person who needs them would have to pay. He said that during a concert they would have volunteer ski patrol there and they are EMT’s. There was some question regarding the insurance on the dam and Kryger said he was going to look into it. Kryger said he did drop off a report of financials from Hope Lake. Van Donsel apologized and said she did not receive it, but perhaps her deputy did, as she had been sick. Town of Virgil Regular Meeting 03/12/2015 3 HIGHWAY SUPERINTENDENTS REPORT: Superintendent John Morse submitted a written report. He said it has been a busy month plowing and sanding roads. He said now they are running into concerns with the ditches and sluice pipes being plugged with snow and ice. There was a concern about water across the road on Kohne Road. Morse also said that the broom tractor is on its last leg. He said that the town will have to do something to replace it soon. Kaminski said he thought the town should purchase Bob Cat. He felt it is was a more versatile piece of equipment. Taylor asked when the municipal auction will be taking place. Morse said he didn’t feel it was worth it to buy used equipment like that because they all have issues and he felt that Virgil’s equipment is in better shape than most. Kaminski wanted to know when the guys were going to go back on summer hours. Morse said they will have to see what the weather does; he said they can start sweeping the roads. Taylor wanted to know why Morse had not put the Town of Virgil decal on his truck yet. Morse said it’s a matter of principle. He said he’s the only highway superintendent that pays to drive his truck. Attorney Snyder said that according to the law the decal should be put on. Kaminski said it came from the comptroller that all town trucks should have the decal on them and that they are required to do so. Morse felt that every time he turns around more and more is being put on him. He said he contacted the Association of Towns and the state comptroller and they told him he as much power as the board. Taylor felt that Morse was being childish about this situation. Morse said there is no local law saying that he has to put the decal on. Taylor said that the board is listening to the state and their lawyer. Supervisor Kaminski read an E-mail from Daniel Mc Arthur. He wanted to thank the Town’s highway men for all the hard work that they did over the winter to keep the roads clear. There was also a letter from Mark Stuben regarding a sign that was hit but a drunk driver. It was determined that he sign was owned by the State, not the Town. Member Taylor motioned to accept the Towns Highway report. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. OLD BUSINESS MEETING WITH ENGINEER FOR ADDITION TO TOWN HALL: Chuck Weeks was available with copies of blue prints for the Town Hall expansion. He said that anything can be changed. The proposal right now is to go out 48 feet with ten offices, storage space and added vault space. Kaminski said that according to the Comptroller the Town’s bookkeeper’s office should be separate from the Town Clerk. Kaminski said that he’d like to add an office for the Virgil Youth Commission, as he feels the Town should take over that program. Weeks stated that the project is projected to cost $200,000.00 to $300,000.00, but that is a working budget. He said this will be new construction with a step down roofline. Kaminski said that the Town needs to look at vault space and the window situation, so that the hall looks presentable from the front and the back. Member Taylor asked if the siding would be the same and would it be blended in with the existing siding. Weeks said yes. Weeks said that the original drawings that he looked at weren’t very detailed. Weeks said that the Town may want to consider scaling the project down from 44 feet to 40 feet. Kaminski said the justice has some concerns with the window in the front of the courtroom, so a remedy for that situation is in the plans. Member Taylor asked what the time frame would be on construction. Weeks said approximately 90 days. Attorney Snyder said that a Public Hearing may have to be held in order to use money out of the building reserve fund. He said according to Town Law section 90 and 91 a permissive referendum needs to be done. Weeks said that according to State Law this has to go out to bid and that the bidders will need to be bonded. He said that there will need to be a performance bond and a 5% bid bond and the performance bond will have to be for the full cost of the project. He said this is to protect the tax payer’s money. He said if the Town didn’t get the bond, it will cost the taxpayers an extra $10,000.00. Member Stiles said that this will keep many of the local people out of the bidding. Attorney Snyder said that a Permissive Referendum will only be necessary if bonding is needed. Superintendent Morse asked if the Town hires an engineer will he be the clerk of the works too. Taylor asked if there was a problem with a contractor, who would oversee that. Morse said with the first project there should have been more oversight and an inspector there. Kaminski said that these plans are tight specs. Weeks said that if his company is hired as the engineer, they would be on site every two weeks, he said if they are hired as clerk of the works; they would be on site weekly. He said it would be approximately 4% of the constriction cost. He said that you might be able to hire someone local that you trust to oversee the project. Member Taylor said he didn’t feel comfortable making decision tonight and he was wondering if Weeks could give them another draft. Weeks said he wouldn’t recommend going beyond the middle of April, in order to have the project completed by November. It was mentioned that the next board meeting would be April 9th. Weeks said that it would take about six weeks to work up drawings with electrical. He was concerned about timing, as he felt it is important to get the bid documents out as soon as possible in order to get the best bids and to start construction by the first of June. Attorney Snyder said that the board can have a special meeting in a couple weeks. It was decided that the board would hold a special meeting on March 26th at 7:00PM. Public notice will be put in the newspaper. RESOLUTION #15-051 CREDIT CARD COLLECTION FOR TOWN CLERKS OFFICE: The Town Clerk Alane Van Donsel reported that she has been looking into different companies that would allow the Town to collect credit card payments for patrons. The company that she felt was the best was GovPayNet. They only deal with government agencies and Town of Virgil Regular Meeting 03/12/2015 4 they have been in business for 19 years. The company was started by a two term sheriff who saw the need for this service. She said that the Cortland County Sheriff’s Department uses them. There would be no cost to the Town, as the patron would pay a fee, they will be clearly posted. She sent the paperwork to the Town’s Attorney Pat Snyder who looked it over. He made some changes to the contract, but he felt it was fine. Town Board member Matt Denniston called some of the references and said that they all had good things to say about the company. Member Snow made a motion to allow the Virgil Town Clerk’s Office to enter into a contract with GovNetPay in order for the Town Clerk’s office e to collect credit card payments for tax payments, as well as utility and service payments for the Town. The motion was seconded by Member Stiles. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. UPDATE ON CREEK RECLAMATION- MICHAEL O’REILLY/JIM SUOZZO- WORK SCHEDULE: Supervisor Kaminski said that the State has put a delay on giving out grant money. He said that either the Town will have to put the money of front for the project or or they will have to put it off for a year. Kaminski said that the Town is expecting $280,000.00 for the project and that the town would have to pay out of pocket, as the State is not going to release the money. Member Taylor asked if Senator Jim Seward would be able to have any sway in the matter. Supervisor Kaminski said that he would contact Seward. Taylor said that if the creek floods again, it’s going to affect a lot of people. He said the Town has been waiting two years to get this project done. Kaminski said that he was going to call Ceaderwood Engineering. RESOLUTION #15-052 BID EJECTOR TRAILER: Supervisor Kaminski said that it’s time to buy a new ejection trailer for the Virgil Transfer Station. Member Taylor questioned whether the Town had an ejection trailer or a trash compactor now. Highway Superintendent Morse said that the Town has an ejection trailer and that a compactor pushes trash into an ejection trailer. Taylor then asked if what we have is what we need. Morse said yes and that it’s eight years old. Kaminski said that the Town has to go out to bid. There was some discussion on Ash to Trash. Attorney Snyder said that the County plans on building a new transfer Station, but that all the trash will be hauled up to Syracuse eventually. Member Stiles motioned to allow the Town to go out to bid for a new ejection trailer for the Virgil Transfer Station. The motion was seconded by member Denniston. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. AUDIT UPDATE- CIASCHI, DIETERSHAGAN, LITTLE, MIKELSON & CO. LLP: Supervisor Kaminski said that the Audit report is complete and that he is ordering the Town Clerk to write a check to be put in the general fund for the excess money that was in the Town clerk’s account. He said that the auditor recommended that the Town Clerk keeps $200.00 in the account for a cushion in case there are any bounced checks. A copy of the report is on file at the Town Clerk’s Office. LISA CELLUCCI MOODY BILL FOR FISCAL ADVISORS: Supervisor Kaminski said that he spoke to Fiscal Advisors and asked them to send a copy of the contract to the Town. A copy of the contract was given to the board. Kaminski said this contract was made by the former Town Supervisor James Murphy. Attorney Pat Snyder said that the Town cannot have an open contract for more and two to three years. Snyder said that the Town should not have to pay the fee they are requesting. A copy of the contract is on file in the Town Clerk’s Office. RESOLUTION #15-053 CLOSE OUT 2014 BUDGET SURPLUS: Bookkeeper Gina Nousre submitted a corrected report on Budget Amendments to close the 2014 Towns books. Member Stiles motioned to accept Nourse’s corrected report to allow the books to be closed for 2014. Member Taylor seconded the motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. REPLY TO BAILEY INSURANCE: Supervisor Kaminski said that the Town has received questionnaires that need to be filled out. A copy of the questionnaires has been provided to the board. Kaminski said that is something the board needs to work on. MAP OF SEWER LINES: Supervisor Kaminski said that the board would like a copy of water and sewer lines. David Coish of Yaws environmental said that there are copies in the Town Clerks Office. Kaminski said that the board would like to get them on a CD and would like to have another copy of the maps. Coish agreed to provide these to the board. DISCUSSUION ON TOWNS ID’S FOR TRANSFER STATION: Supervisor Kaminski said that he felt that the residents are getting all caught up. It was asked of the Town Clerk if Virgil Recycling and Rubbish removal was all caught up. Van Donsel said yes that residents came in and paid and any remaining Virgil Recycling and Rubbish removal customers were paid by the company. Kaminski said there will be one day the board will go up and check ID’s sometime this spring and that the Town Clerk will be open for anyone who needs an ID on that day. Town of Virgil Regular Meeting 03/12/2015 5 TOWN NEWS LETTER: Supervisor Kaminski asked if there was any more news on the News Letter. Town Clerk Van Donsel said that the committee has not met since the last report. FORECLOSURE OF GATHERINGS: There wasn’t any discussion on this matter. RESOLUTION #15-054 TRANSFER TO RESERVES: Bookkeeper Gina Nourse recommended the following transfers be approved BY THE Town Board: General Fund to Building Fund/Repair $71,200.00 General Fund to Transfer Station Reserve $10,000.00 General Fund to Retirement Reserve $2,755.00 Highway Fund to Equipment Reserve $31,000.00 Highway Fund to Retirement Reserve $1,942.00 Water District to Repair Reserve $30,000.00 Member Stiles motioned to approve the transfer recommendations from Norse to the above reserve funds dated March 06, 2015, as presented. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. NEW BUSINESS SEWER DISTRICT RULES: Supervisor Kaminski said that the board needs to work on sewer district rules. FINANCING NEW TOWN TRUCK: Supervisor Kaminski said that the Highway department needs to purchase a new truck that will cost $203,359.00. Member Taylor asked what year this truck will be replacing. It was stated that it was a 1994 and that the next truck that will need to replace would be a 2002. Taylor asked if Morse thought the 2002 could make it to 2022. Morse said he thought so. Kaminski said that the board needs to shop around for the best interest rates. Taylor said he would like to use more money from the reserve funds. He said that they just approved to put $71,000.00 into the building reserve fund. He said he would rather see that money put into the truck, before borrowing $110,000.00 for a truck. Taylor said he wasn’t sure he wanted to bond for $100,000.00. Morse said that there should be $30,000.00 surplus in the highway fund from last year and perhaps that could be used toward the truck. Kaminski asked if the board wanted to use an additional $60,000.00 from reserves and bond for $50,000.00 and to shorten the term of the bond to five years. The board was comfortable with that idea. Attorney Snyder said that the board would have to have a Public Hearing on this matter. It was decided to have a public hearing during the special meeting that will be held on March 26th, 2015 at 7:00 PM at the Virgil Town Hall. ASSESSOR AGREEMENT: Attorney Snyder submitted an example the written Agreement between Assessor Randy H. Deal and the Town of Homer. Snyder said that Virgil needs to have a similar written agreement. Snyder said it was something that can be worked and voted on at the next meeting. This item was tabled until the next meeting. JOB DESCRIPTION FOR TEMPORARY HIGHWAY EMPLOYEE PER COUNTY CIVIL SERVICE: The board was provided with a copy of the job description of a heavy equipment operator from Cortland County. Kaminski said that newest hire at the Highway was a temporary equipment operator. Member Taylor asked John Morse if the new hire Aaron had all the qualifications. Morse said that he didn’t have a class one. Member Stiles asked if he was qualified to weld. Morse said yes. Morse said that he hasn’t run the grader yet. Taylor asked if he wants to stay on and wondered if the Town needed to advertize the position. Attorney Snyder said that the hiring of highway personnel was up to the Highway Superintendent. He said there are no requirements that the job needs to be advertized. Kaminski said that he felt it should be posted and that he disagrees with Snyder. Snyder said to his knowledge it didn’t have to be posted. Morse said he agreed with Snyder. Taylor said that before they hire someone full time he would like for them to have all the qualifications spelled out on the job description. Kaminski said he would like the job posted, even if it’s just at the Town Hall. There was some further discussion regarding the 2015 Health Insurance contributions from employees that was submitted by bookkeeper Gina Nourse. Nourse reported that A Family Plan will be 20% of base amount of $12010.08 and 15% of total base and HAS Deposit of $17,210.08. A two person plan will be 24% of the base amount of $8,428.08 and 15% of total base plus HAS deposit of $13,628.08. A copy of this report is on file with the Virgil Town Clerk. With no further business to discuss, Member Stiles moved to adjourn the meeting at 9:47 P.M., Member Snow seconded the Motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays: None. Respectfully Submitted by, Town of Virgil Regular Meeting 03/12/2015 6 Alane Van Donsel, Virgil Town Clerk