HomeMy WebLinkAbout06-11-2015 Town Board Meeting Minutes ApprovedTown of Virgil Regular Meeting 06/11/2015
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TOWN OF VIRGIL REGULAR MEETING
June 11th 2015
PRESENT: Supervisor John Kaminski, Board Members Dale Taylor, Eric Snow, Jereme Stiles and Matthew Denniston,
Attorney Patrick Snyder Esq., Town Clerk/Collector Alane Van Donsel, Derek Withy W20perators (Did not sign
Attendance sheet) David Coish Yaws Environmental, Craig Umbehauer (Did not Sign Attendance Sheet), Wes Kryger
Greek Peak, Amy Gernon, Cortland Standard (Did not Sign Attendance Sheet), Bob & Christine Applegate, Judith Hope-
Klessig, Dan Klessig, Carol Rehkugler, Dave LoParco, Alex Freyburger, Paul Slowey.
7:00 PM –PUBLIC HEARING ON A AQUIFER PROTECTION CONDITIONAL PERMIT: Supervisor Kaminski opened up the
Public Hearing for an Aquifer Protection Conditional Permit requested by Ron’s Body Shop, by having the Town Clerk
Alane Van Donsel read the Legal Notice was published in the paper on June, 01 2015. A copy of the notice will be filed
with these minutes in the Town Clerk’s office.
Supervisor Kaminski asked three times if any member of the community would like to speak on the proposed Aqua
protection conditional permit. No one from the community spoke. Kaminski then asked for a motion to close the public
hearing. Member Stiles made a motion to close the hearing. The motion was seconded by Member Denniston. Vote:
Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None
Town Historian’s Annual Report: Town Historian Marsha Powell was unable to attend the meeting, but submitted a
written report which will be filed with the Virgil Town Clerk.
Cortland County Business Official Mack Cook addressed the board. He wanted to thank the Town for taking part in the
Government Efficacy program. He said it was something that he and Virgil-Harford County Legislator Sandy Price
started. He stated that he brought a schedule of rebates that he will give to the Virgil clerk. He believes that Cortland
County is the one of the few Counties with 100% participation rate.
TOWN HALL MEETING: Cook also wanted to address the board regarding a grant the Down Town Partnership applied
for. He said that Adam Mcgivern was unable to attend the meeting. The grant was filed under Market NY, they honestly
didn’t think they would receive it. He said the sate is looking to grant $750,000 to make Cortland County a ski
destination. Cook said to put it into perspective, the Finger Lake wine trail received $120,000 for marketing. He said that
$190,000 will be a matching grant. He said they are hoping that this campaign would increase economic development in
the area. Cook said the state is willing to put in $3.00 dollars for every dollar that is given. They were hoping to get Greek
Peak, Song, Labrador and Togenburg involved. Cook said they will know by tomorrow if all the ski areas are on board.
He said that the City is willing to front some money and the County travel and tourism bureau is involved. They are
looking for the Town of Virgil to give $21,000 toward the grant. They are hoping that this will help increase property
value and increased activity to Greek Peak. They are hoping that this will pick up a dormant Real Estate market. They
will be targeting New Jersey, Long Island and Philadelphia. This is a reimbursable grant, they money needs to be spent
before they get it back. The city plans on acting as the banker. There was some discussion as to if the money from
Bernie Thoma development could be used for this purpose. Cook said that by tomorrow they will know if the other ski
areas are in or not, but if they are not, Greek Peak is willing to pick up the entire load. There was some concerns that the
Town has given Greek Peak a lot of tax breaks, yet the Town is being asked to contribute $21,000. It was also suggested
that maybe all the ski resorts could join together to have a multi-area pass, but Cook said he didn’t think they were
interested in doing that.
Chris Applegate asked if there will be time to discuss the comptroller’s audit. She said that some folks have had a chance
to look at the audit. She said she was troubled that some of the same deficiencies that were cited in the 2008 audit were
still present today. She felt that the first step would be to higher an auditing firm. She said many have recommended
Ciaschi, Dietershagen, Little, Mickelson & Company LLP. Applegate said that the board simply doesn’t have the expertise
and full understanding of the budget. Applegate said she felt it would be prudent for the board to develop a Policies and
Procedures manual with job descriptions and roles on responsibilities and expectations of all employees of the town.
Many are elected officials. She felt it was important for the board to have fiscal training. She said that the town has had
the experience of what happens when something happens to someone in a key position. She said she knows being on
the board is a thankless position, but she felt it was time to take action and look at the bigger picture. She felt it was
time to bring on the experts. She didn’t think it was time to double the size of the town hall when the financial house
was not in order. Dan Klessig said he would like to follow up on what Chris was saying. He said he knows the board puts
an enormous amount of time and that these items are not new. He was shocked that the town doesn’t have policies. He
felt this was a culture that needed to change. He was shocked that the Highway Superintendent didn’t account for
22,000 gallons of fuel in one year. He agrees with Chris that something needs to be done.
7:30 PM – THE REGULAR MEETING WAS CALLED TO ORDER
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Supervisor Kaminski called the meeting to order, followed by the salute to the flag.
RESOLUTION# 15-074 APPROVAL OF MAY 2015 MINUTES
Draft of Town Board Regular Meeting Minutes dated May 14th, 2015: Board member Taylor moved to approve the
minutes of the May 14th 2015. Taylor said that there should be a correction made on page five regarding the name of a
road. The minutes should say Clute road, not Carson Road. The Town Clerk will make the proper correction for the
permanent record. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston
and Kaminski. Nays-None
RESOLUTION# 15-075 AUTHORIZATION TO PAY BILLS
GENERAL FUND: Member Taylor moved to approve payment of the General Fund audited vouchers numbered 115-149
in the amended amount of $46,207.97. Member Taylor questioned about fuel for the cemetery. Member Stiles said that
it’s the only way for the cemetery to get the discounted rate. He said the cemetery board reimburses the town for the
fuel. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski.
Nays-None
HIGHWAY FUND: Member Taylor moved to approve payment of the Highway Fund audited vouchers numbered 1133-
1151 , in the amount of $15,146.26. The motion was seconded by Member Snow. 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
2055-2066 in the amount of $7,804.05. Taylor asked David Coish about a bill for Turnkey. Coish said it was the one he
had them pull last month, because some of the work was covered under warranty. Stiles thanked Coish. The motion
was seconded by Member Snow. 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
3032-3025, In the Amount of $5,561.08. Member Snow asked about a payment to Bailey Insurance. Taylor said that all
the insurance payments were made with the same check, this was the sewer portion of the bill. Member Snow seconded
the motion. Vote: Ayes-Members Taylor, Snow, Stiles and Denniston Kaminski. Nays-None
MONTHLY REPORT
SUPERVISOR’S MONTHLY REPORT: Member Taylor moved to accept the Supervisor’s Monthly Report in long form for
May 2015. Taylor was concerned because there was only 28% left in the budget line for snow plowing for 2015. He is
concerned that if the Town gets a lot of snow the end of the year there may not be enough money in that budget line.
Member Stiles 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 as presented for
May 2015. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and
Kaminski. Nays-None
TAX COLLECTORS FINAL REPORT: The Town Clerk Tax Collector Van Donsel said she just settled with the county. She
noted that the Town Clerk Tax collection office collected 95.71% of the Town and County taxes due. She said once the
check clears with the county she will be able to settle the account with the Supervisor for all late fees, penalties’ and
interest paid. She said right now it about $10,000. She will have a definite final amount by next month.
SEWER DISTRICT OPERATIONS REPORT: David Coish of Yaws Environmental Process Control, Inc. submitted a written
report. Coish reported that the chlorine pump was out of commission. He said it was sent out to be fixed. It will cost
approximately $95.00 an hour to have it repaired. Right now they have a smaller 24 gallon a day backup pump running
the operation. Member Stiles asked why the town didn’t have another pump of the same size, in case one goes down.
Coish said he could order a new back up pump for $495.00. Stiles felt it would be a good idea to have a backup back that
is compatible. Member Taylor made a motion to accept the Sewer Districts report. The motion was seconded by
Member Stiles. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None
RESOLUTION #15-076 APPROVAL TO ORDER A NEW BACKUP PUMP: Member Stiles made a motion to allow Dave Coish
to buy a backup chlorine pump similar size to what in there not to exceed $459.00. The motion was seconded by
Member Taylor. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None
RESOLUTION #15-077 APPROVAL OF MAITENANCE OF SEWER TREATMENT PLANT BUILDING: David Coish said that the
sewer treatment building needs some work. He would like to have permission to buy some rough tech siding which costs
approximately $32.00 a sheet. Coish said if he had $500. - $600. he would be able to spruce up the building. Coish said
that Yaws would do all the work. Member Taylor made a motion to spend up to $600. to repair and replace the shirting
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around the sewer maintenance building. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor,
Snow, Denniston, Stiles and Kaminski. Nays-None
WATER DISTRICT OPERATIONS REPORT: A written report was not submitted by W2Operators in time for the meeting.
Derek Withy reported that Doug Brush will be taking over Brain Withy’s position. Withy said all the residuals were met ,
he said that Doug Withy is there every day. Withy said that Brush is not certified yet, but he is working on it. He will be
working under Doug Withy’s license. Member Taylor said that to be fair he wanted to mention his concern for the lack
of a written report. He gave the sewer treatment plant operators a hard time for not having reports in on time last year.
Member Stiles made a motion to accept the Water Districts oral report. The motion was seconded by Member Snow.
Vote: Ayes-Members Snow, Denniston, Stiles and Kaminski. Nays-Taylor Taylor voted no due to the fact that there
wasn’t a written report.
ANIMAL CONTROL OFFICER’S REPORT: A written report was submitted by Lindsay Anderson of Country Acres Pet
Services from Homer, NY. 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 Stiles 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
Some discussion took place regarding certain properties in Virgil. Member Taylor asked about a property on RTE 392
that used packing crates as a fence to cover up old junk cars. He said that the crates are decaying and he was wondering
if this was a code violation. Umbehauer said he looked at the satellite image and said that he didn’t see too much there
anymore. Member Snow asked about the house that burnt on rte 392. Snow was wondering when it was going to be
cleaned up. Code Officer Umbehauer said that there are a lot of people bidding on it. He said the concern is that there
could be asbestos there. He said because the house wasn’t inspected for asbestos while it was standing, one has to
assume that there is asbestos present. Member Stiles voiced concern for the home owner because now it will cost him
three times the amount to clean up the house. Umbehauer said it hard to tell what’s in the middle of that mess. Stiles
asked Umbehauer if he was going to determine if there is asbestos present. Stiles said the owner wanted to get it taken
care of, but now it’s going to cost him a lot more money. He wanted to know from Umbehauer what the process was.
Umbehauer said he was going to find out. Member Taylor asked Umbehauer if he had the certification to determine the
presence of asbestos. Umbehauer said he did not. Member Snow asked about the Stevens resident on RTE 11.
Umbehauer said that he has made some significant progress in getting the property cleaned up.
COUNTY LEGISLATOR’S REPORT & VIRGIL YOUTH COMMISSION REPORT: No reports were submitted this month.
HOPE LAKE OPERATIONS MONTLY REPORT: Wes Kryger said that the park opened in May and that they are now open
seven days.
HIGHWAY SUPERINTENDENTS REPORT: Superintendent John Morse didn’t submit a written report and he did not
attend the meeting.
OLD BUSINESS
EXPANSION TO TOWN HALL DISCUSSION: Supervisor Kaminski said that he Town got the contract from the engineer,
however the town’s Attorney Pat Snyder hasn’t had time to look it over yet. Kaminski said that the board will be working
as the clerk of the works.
RESPONSE TO COMPTROLLERS AUDIT: Supervisor Kaminski wanted to know if the board wanted to get together to have
a workshop in order to draft a response letter to the comptroller. Member Stiles voiced his frustration, as this was the
first time the board has gotten together to discuss the audit as a whole. He said it was all one on one with the auditor.
Kaminski said that this is the second time he has been through an audit with the comptroller. He said the comptrollers
did an audit when he first came on as supervisor and he said there was a unacceptable water and sewer collecting
process that the town implemented a new process. He said that the former auditor was happy with the new process,
but this one wasn’t. He said that the board was supposed to verify the rates every year, but since the rates haven’t been
raised in six years, the board didn’t realize they had to do that. Kaminski’ said that they have to reinstate the rates every
year at budget time. He also said that the rates need to be posted. He also said that re-levies need to be posted and
that not everyone was put on the list. He said it needs to say in the procedures that every delinquent bill needs to be re-
levied. Kaminski said that the big concern was the oversight of the fuel. Kaminski said that Highway Superintendent
Morse is supposed to keep track of fuel usage. Kaminski said that they need to come up with a fuel log sheet. Member
Stiles said that a new key pad system has already been implemented, which keeps track of who has been in the building.
Then there is a fuel log here which should be reviewed once a month by the Town Board. Kaminski said that Morse is
going to have to dip the tank and sign a document stating how much is in the tank. Community Member Applegate
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asked if the fire Department uses the fuel as well. Member Stiles, who is also the Fire Chief, said that the Fire
Department has a whole separate tank. He said they also have a log book which records which truck is being fueled and
at what time the fuel is being used. Applegate asked how the Highway Superintendent is controlled. Kaminski said that
he is an elected official and the he is under the New York State Job Description. He also said that the Town Board does
not have authority over him. He said that the Town Board can change some of his duties, as long as it doesn’t interfere
with what he is doing now. Applegate wanted to know if there is a concern; who can make a complaint. Kaminski said
that any citizen can call. Kaminski said that the board can’t make Morse go to work every day. He said the people
choose who the Highway Superintendent is when they vote. Member Taylor said that the only thing that can be done is
to make the Highway Superintendent an appointed position. Judith Hope Klessig asked how the process is done; she
wondered if the voters decided. Member Stiles said that it is not an easy process and that it’s not the board that decides
that. Attorney Snyder said that it would have to become a Local Law that would be subject to a Public Referendum.
Klessig asked if there would have to be a petition. Snyder said that the Town Board could start the process. Community
Member Dan Klessig said he would like to see the process happen. Again Snyder said it could be done by a Local Law.
Klessig asked if it was a decisive issue. Stiles said that making it an appointed position would open up different pools, as
in order to be elected one has to live in the Town of Virgil. Community Member Dave LoParcco asked if Kaminski Being
the Chief Fiscal Officer had any authority to do anything. Stiles said right now all they have is the procurement policy.
LoParcco said that the board didn’t know how to use the policy. Kaminski said the issue has to do with accountability.
He said that a truck uses so much fuel as long as it’s accounted for. Applegate called the board’s attention to the top of
page 8 of the audit. She quoted “The Board did not ensure that the Highway Superintendent was properly accounting
for fuel use because it relied on him to account for fuel and did not follow up with him to ensure he was performing this
duty.” Stiles said that there isn’t a policy in place yet. He felt that the Town Board needed to monitor the process and
that everything needed to come back to the board. Taylor felt that the audit wasn’t making accusations, but was merely
saying that they weren’t writing down what was being used. Taylor said that there is s new key pad system and that the
board needs to ask for that report once a month. Stiles said it was implemented three months ago. Taylor said that they
have no control over Morse, that the board can’t even make him come to this meeting. Taylor said that he is very
frustrated. Supervisor Kaminski said that there wasn’t a dime missing from the Supervisor’s accounts. Community
Member Applegate felt that the Town board could use better training when it comes to oversight. Applegate felt it
would be prudent to have a professional audit done. Bob Applegate asked how much it costs to hire an engineer. He
stated it would be nice to pay an expert to help the town work on a policies and procedures manual. Dan Klessig agreed.
Chris Applegate said she was concerned if anything happened to the Bookkeeper Nourse. She said if there were a
policies and procedures manual, someone would know what to do. She felt that the board was saying that they didn’t
feel the need for an auditor to help develop a policies and procedures manual. Judith Hope Klessig asked if the
comptrollers have training. Member Stiles said not for the Town Board. Klessig asked about the Association of Towns.
Member Denniston said they do have some training. Member Stiles said when he came on board he didn’t have any
training and that it is very frustrating. Bob and Chris Applegate said all the more reason to have a policies and
procedures manual. Mack Cook said that there is a published series through GFOA that produces a series of manuals for
elected officials. He thought they cost approximately $8.00 a publication. Taylor said it would be nice to have a template
to follow. Cook said the GFOA represents 33,000 municipalities. Attorney Snyder said that all the towns aren’t as they
should be on this matter, He suggested that the town gets all its polices together and see what is missing. Kaminski
asked the Town Clerk to work on that. Kaminski asked the board if they wanted to have a work session to discuss the
corrective action plan. The board agreed on June 18th at 7:00PM.
RESOLUTION #15-078 SPECIAL WORKSHOP TO DISCUSS THE COMPTROLLERS AUDIT CORRECTIVE ACTION PLAN:
Member Taylor made a motion to hold a special workshop to discuss the corrective action plan for the comptrollers
audit on July 18th, 2015 at 7:00PM. The Motion was seconded by Member Stiles. Vote: Ayes-Members Taylor, Snow,
Denniston, Stiles and Kaminski. Nays-None
TOWN HALL’S FLAG POLE: Supervisor Kaminski said he wanted the flag pole fixed before the fourth of July. He said that
the Town missed Memorial Day. Member Stiles said that the town needs to purchase a whole new pole. He said the
guts at the top are shot and they are welded on, so there is no replacing them. He got some prices from Hummel’s. A
35 foot flag pole would cost $1900 to $2250. Code and Zoning Officer Umbehauer felt it could be fixed and he said he
would work on it tomorrow. Kaminski said he wanted it done.
PA SYSTEM FOR THE BOARDROOM: Supervisor Kaminski said that the town has a quote from one company that is
willing to put in acoustical panels and add microphone for $6,054.76. Member Stiles felt that it would benefit everyone.
There were some questions regarding the procurement policy. Attorney Snyder asked if there was a legal notice put in
the paper requesting RFP’s. Town Clerk Van Donsel said she would put a legal notice in the paper.
JUNK YARD LAW: Supervisor Kaminski said that Dan Klessig E-mailed him regarding an article that was in the Cortland
Standard regarding the Junk Yard Law. Klessig said there are some properties that have five to seven junk vehicles
around. Member Stiles said it should be in the zoning law. Klessig said there is a place on West State Road that has
gotten worse not better. Klessig wanted to know if there was a law in place. Code and Zoning Officer said that he has
been stopping there for ten years and nothing has changed. Member Denniston asked if there was a process to deal
with these situations. Member Stiles said he knows that Cortlandville doesn’t do anything about it. Community Member
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Carole Rehkugler said that there is an abandoned house next to her that has been empty for about ten years. Stiles said
that it is probably bank owned. He said the banks sit on these properties for a while until they go to auction. He said
they are very unsafe, especially if there was ever a fire. Umbehauer said that if we can figure out who to contact he
would talk to them. He said that John Kaminski had the Town Clerk contact one bank on a property on RTE 215 and they
we supposed to come out and secure it. Rehkugler said the property is falling down and there is broken glass all over.
Klessig asked if there were rules and regulations based on state law. Umbehauer said it’s really tough. Attorney Snyder
said that there a lot of steps involved to get this resolved. He said that a criminal action is set up them there is police
follow up and code officer and attorney follow up. There is a lot involved.
NEW BUSINESS
SHOP FOR HEALTH INSURANCE: Supervisor Kaminski said that in the past they looked into other insurance plans, but
they felt that the front load costs were too high. However Kaminski said he thought they were going to revisit that. He
said that Dale is working on it. Mack Cook from Cortland County said they have been really happy with the consortium.
He said health Insurance is very expensive and that 20% of every tax dollar goes for Health care. He said the plan is
helping the city save approximately $300,000 a year in health care costs. He said municipalities should expect an
increase anywhere from 6-18%. He said the consortium covers 5,200 lives and 19 municipalities. He said that 94% of the
revenue is paid out in claims. He said it’s a $44 million dollar operation with only 4.5 – 5% net. Most of the money is
refunded back. He felt it would be prudent for the Town of Virgil to take a look at it. He said he would not want to be
outside the consortium at this time, he said the coverage is very good and the plans are robust with no drop in coverage.
RESOLUTION #15-079 ACCEPTANCE OF COMPTROLLERS REPORT: Supervisor Kaminski said that they may not agree with
the audit, but it is what it is and they need to accept. It. Member Taylor made a motion to accept the Audit from the NYS
Comptrollers coving the period of January 01, 2013 to November 03rd, 2014. Member Snow seconded the motion. Vote:
Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None
RESOLUTION #15-080 AQUIFER PROTECTION CONDITIONAL PERMIT: There was no public comment made during the
Public Hearing. Member Taylor made a Motion to grant the Conditional Permit regarding the Aquifer Protection as
authorized by the Virgil Zoning board and with no public comment for Ron’s Auto and Body Shop. Member Snow
seconded the motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None
Some further discussion took place regarding needs for the Hope Lake Park. Member Stiles said that Wes Kryger gave
the town a wish list of items needed for the park. Stiles said that there is no budget line for the park. Stiles would like to
see the board develop a budget line during the budget process and allocate money annually into the fund. He said one
of the major items is sand for the beach. Stiles said that the sand that is needed is a special type. They are estimating
140 tons. They solicited for three quotes as per the procurement policy only two responded with a price. Member
Taylor wanted to know how the 140 tons was estimated and he wanted know if some of the money could come from
the Community Development fund. Stiles said he would like to see the board hold a special board meeting so they could
discuss these items.
RESOLUTION #15-081 SPECIAL MEETING TO DISCUSS THE CORRECTIVE ACTION PLAN AND PURCHASING ITEMS FOR
HOPE LAKE PARK: Member Taylor made a motion to rescind the motion to hold a workshop and change the motion to
hold a special meeting to work on the Corrective Action Response to the Comptrollers audit and to discuss items that
are needed for the Hope Lake Park. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Denniston,
Stiles and Kaminski. Nays-None
Supervisor Kaminski said that the board needs to look at page eight and figure out how they are going to respond to the
audit. Member Stiles said that when they discussed financing the new truck they talked out surplusing the old truck. He
felt it would be prudent for the board to tell Superintendent Morse to surplus the old truck and put it on Auctions
International.
RESOLUTION #15-082 SURPLUS THE 1994 INTERNATIONAL DUMP AND PLOW TRUCK: Member Stiles made a motion to
surplus the 1994 International ten wheel dump and plow truck and to list the truck on the Auctions International Site.
The motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski.
Nays-None
With no further business to discuss, Member Stiles moved to adjourn the regular meeting at 9:18 P.M., Member
Denniston seconded the Motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays: None.
Respectfully Submitted by,
Alane Van Donsel, Virgil Town Clerk
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