HomeMy WebLinkAbout08-09-2018 Town Board Meeting Minutes AprovedVirgil Town Board Meeting August 9th, 2018
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TOWN OF VIRGIL REGULAR MEETING
August 9th, 2018
PRESENT: Supervisor John Kaminski, Board Members Jereme Stiles, Eric Snow, Matt Denniston, Gary Pelton, Attorney for the Town
Pat Snyder, Town Clerk/Collector Alane Van Donsel, Ken Scherrieble Camden Group, Jenae Withey W2Operators, Highway
Superintendent Britt Morse, John Nelson, Teri Pelton, Carol Rehkugler. John Coulter, Shelia Morse, Craig Umbehauer, Niels and Mary
Schulz, Sandy Price County Legislator excused
6:15 PM- PUBLIC HEARING REGARDING LOCAL LAW #4 OF 2018 AMENDING THE TOWN’S ZONING LAW
Supervisor Kaminski called the public hearing to order. Town Clerk Alane Van Donsel read the public notice that was posted in the
Cortland Standard on July 25th 2018. Craig Umbehauer, 2794 Lash Road spoke first. Umbehauer said the board has on the agenda that
the Local Law is going to be approved. He wasn’t sure how that could be, as it hasn’t gone before the County Planning Board yet.
Umbehauer said that he worked very hard on the zoning law and in there was a Federal law regarding a transportation law that states
the distance driveways should be separated to reduce the occurrence of accidents. He also said that he thinks the Board is crazy to
open up the town to commercial use. He used Dan Haynes business as an example. He said that the town has the potential to have
that type of business next to every house in town. Umbehauer then wished the board good luck. Next to speak was John Coulter, 430
Nye Road. Coulter said that he drafted a letter to the board on August 25th, 2015 regarding the issue of road frontage. Coulter said
that he sat on the Zoning Board of Appeals for ten years. He said that a majority of the variance requests are due to the fact that
landowners didn’t have football sized front yards. Coulter said that he lives on Nye rd. and the driveway spacing is way less than the
current required spacing of 350’ and they never had any accidents. He said that there is a six acre lot across the street from him that
doesn’t have the required 350’ of road frontage. They would have to get a variance to build there. He said that they require a 2.6
access requirement. Sheila Morse spoke next, 2940 Clute Road. Morse said that she has sat on Zoning Board of Appeals since 2012.
She said that she looked up the cases that they have reviewed and out of 103 cases 33 of them were asking for a road frontage
variance. Morse said that one of the cases was Umbehauer. He asked for a road frontage variance. Deputy Supervisor Stiles asked
Morse how many of the variances were granted. Morse said that all of the variances were granted except two. Coulter said that
Umbehauer’s variance was granted on Monday, the 25th of March 2013. He was granted two lots with 280’ of road frontage. Coulter
couldn’t understand why he is still advocating for the 350’ requirement. Umbehauer said that he went for a variance and he was
granted the variance. Coulter said that in his opinion, the law should make it that he wouldn’t have had to. Supervisor Kaminski asked
three times if there were any further comments. There were none. Member Stiles motioned to close the Public Hearing. Member
Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
Attorney Patrick Snyder said that Umbehauer was correct that the County planning Board will be reviewing the local law on Aug. 15th,
and it can’t be approved until after the County Planning Board reviews it. Supervisor Kaminski said that it will be pulled from the
meeting agenda until it is reviewed by the County Planning Board.
6:30 PM –THE REGULAR MEETING WAS CALLED TO ORDER
Supervisor Kaminski called the meeting to order, followed by the salute to the flag.
RESOLUTION #18-085 APPROVAL OF MINUTES
Draft of the Regular Board Meeting Minutes dated July 12th, 2018: Member Stiles moved to approve the minutes for July 12th,
2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
Draft of the Special Board Meeting Minutes dated July 23rd, 2018: Member Stiles moved to approve the minutes for July 23rd,
2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston and Kaminski. Nays-None Abstain- Stiles
RESOLUTION# 18-086 AUTHORIZATION TO PAY BILLS
GENERAL FUND FOR JULY 2018 NUMBER 08: Member Denniston moved to approve payment of the General Fund’s audited
vouchers numbered 219-243 in the amount of $16,816.34. Member Snow seconded the motion. Vote: Ayes-Members Pelton,
Snow, Denniston, Stiles and Kaminski. Nays- None.
HIGHWAY FUND FOR JULY 2018 NUMBER 08: Member Denniston moved to approve payment of the Highway Fund audited
vouchers numbered 1158-1176 in the amount of $129,156.63. Member Snow seconded the motion. Vote: Ayes-Members Pelton,
Snow, Denniston, Stiles and Kaminski. Nays- None
SEWER DISTRICT #1 FUND FOR JULY 2018 NUMBER 08: Member Denniston moved to approve payment of the Sewer District #1
audited voucher’s numbered 2067-2078, in the amount of $7,955.13. Member Snow seconded the motion. Vote: Ayes-Members
Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
WATER DISTRICT #1 FUND FOR JULY 2018 NUMBER 08: Member Denniston moved to approve payment of the Water District #1
audited vouchers 3038-3042 in the amount of $5,483.39. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays-None
MONTHLY REPORTS
SUPERVISOR’S MONTHLY REPORT FOR JULY 2018 LONG FORM: Member Stiles moved to accept the Supervisor’s Monthly Report in
long form for July 2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski.
Nays –None
TOWN CLERK’S MONTHLY REPORT FOR JULY 2018: Member Denniston moved to accept the Town Clerks Monthly Report for July
2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
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TAX COLLECTORS FINAL REPORT FOR 2018: Member Stiles moved to accept the Tax Collector’s Final Report of 2018. Member Snow
seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
SEWER DISTRICT OPERATIONS REPORT: Ken Scherrieble was present from the Camden Group. Scherrieble said that they are repairing
a pump aerator and they will be Installing the new one this month. They will do the replacement and an inspection. It was stated that
16,000 tons of sludge was trucked out. Member Snow asked Scherrieble if the Town owns the land between the fence and the creek.
Stiles said that the grant stated that the town owns to the center of the creek. Stiles said that the DEC might want that to grow up in
order to stabilize the bank, but he wasn’t sure. Scherrieble asked if they could get a mower through there. Snow said he thinks it would
have to be a bushhog. Scherrieble asked if the Army Core of Engineers was involved with the project. It was stated that they were not.
Stiles said that he’s going to look at it tomorrow. Scherrieble said to let him know what he can do. Member Stiles moved to accept the
Sewer Districts Report. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-
None
WATER DISTRICT OPERATIONS REPORT: Jenae Withey was present. Supervisor Kaminski said that W2O was awarded the bid last
month for a new pump and filter and he was wondering where they are in the process. Withey said that they ordered the strainer and
it was just delivered two days ago. She said that they are working on getting all the parts. Member Stiles asked about a broken water
meter. He was wondering if it has been broken since winter. Withey said, yes, they just realized it was broken. Member Denniston
moved to accept the Water Districts Report. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston,
Stiles and Kaminski. Nays-None
ANIMAL CONTROL OFFICER’S REPORT: There was no animal control officers report presented this month.
CODE ENFORCEMENT AND ZONING OFFICERS REPORT: A written report was submitted by Code and Zoning Officer Kevin McMahon.
Member Stiles motioned to accept the Code and Zoning Officers report. The motion was seconded Member Denniston. Vote: Ayes-
Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
COUNTY LEGISLATOR’S REPORT: County Legislator Sandy Price submitted a written report. Price was excused from the meeting.
Supervisor Kaminski said that they received the 2nd quarter taxes and he felt that they improved from the first month. Member Stiles
motioned to accept the County Legislators report. The motion was seconded Member Snow Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays- None
VIRGIL YOUTH COMMISSION REPORT: There was no report presented. Supervisor Kaminski said that the books have been closed out
and that there are some outstanding balances due from the Before and After School Program. Kaminski said that he has contacted
everyone. He said some are going to pay others are challenging it. He told them if they challenge it they will have to come before the
entire board.
HOPE LAKE OPERATIONS REPORT: Carole Rekuggler reported for Wes Kryger, as he was home with an injured animal. Rekuggler
reported that the lake was open for boating and fishing, but the swimming area was closed due to poor visibility. She said that it is
due to runoff washing into the lake. Kaminski said that dredging the lake will help with the runoff. Rekuggler said that the dredging
should also help with the bacteria count as well. Kaminski said that the town does have a goose permit to shoot the geese. Rekuggler
said that there were 40 of them there this morning.
HIGHWAY DEPT. SUPERINTENDENTS REPORT: Deputy Highway Superintendent Britt Morse was present and submitted a written
report. Member Stiles asked about Amnesty Day. He was wondering if it meant that the town will save on tipping fees. Morse said
he believed so, but he will find out for sure. Member Stiles motioned to accept the Highway Supervisor report. Member Snow
seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None.
HISTORIAN’S ANNUAL REPORT: The Virgil Historian Marsha Powel submitted an annual report. Member Stiles made a motion to
accept the Historians annual report as presented. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston,
Stiles and Kaminski. Nays: None.
OLD BUSINESS
BID RESULTS ON THE ROLLER: Supervisor Kaminski said that they received the bid results from Auctions International for the roller.
He said that it came in at $18,600. Kaminski said as much as they use it, they can rent one or borrow one.
RESOLUTION #18-087 APPROVE THE BID RESULTS FOR HIGHWAY ROLLER: Member Stiles motioned to accept the highest bid from
Ironsanto on Auctions International in the amount of $18,600.00. The motion was seconded Member Snow Vote: Ayes-Members
Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
UPDATE ON HOPE LAKE PARK DREDGING: Supervisor Kaminski said that they plan on opening the valve at the lake on Sept 10th. At
that point they plan on draining the lake 6-7 feet. On Sept 17th they plan on starting to dredge the lake. He said that the permit from
the DEC is on its way. They need to wait for the public comment period to end. He says they have a plan on how to shore up the
banks. He said they need to push all the gravel back up and cut up all the wood. They plan on burning all the wood.
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UPDATE ON YAWS LAW SUITE: Supervisor Kaminski said that Attorney Snyder filed a motion to have the YAWS case dropped and it
worked.
UPDATE ON WORKER’S COMPENSATION: Supervisor Kaminski said that they received a letter from the county attorney regarding
workers compensation. Kaminski said that they set a deadline for towns if they want to pull out. He said that the town would have to
file by July 31st If they wish to not participate. Attorney Snyder is looking into a law that won’t allow the county to tie the towns hands.
RESOLUTION #18-088 APPOINT DAVID GOWER AS ZBA ALTERNATE: Supervisor Kaminski said that Member Pelton met with candidate
David Gower regarding the Zoning Board of Appeals alternate position. Kaminski said that Gower is interested on solar. Pelton said
that he would recommend Gower. Attorney Snyder said that there is a law that allows the Planning and Zoning Board to share an
alternate. Kaminski said that they would take that into consideration next time. Member Pelton made a motion to appoint David
Gower to the Zoning Board of Appeals Alternate. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston,
Stiles and Kaminski. Nays- None
DISCUSSION ON BRIDGE REPAIRS ON FRANCIS ROAD: Supervisor Kaminski said that the County looked at the repairs needed and they
can’t do anything. He contacted Engineer Mike O’Reilly. O’Reilly said that he can do it. Kaminski said that Morse will give O’Reilly a
copy of the violations that are on the bridge. He said O’Reilly will come over as a professional service to do a report on what work
needs to be done on the bridge.
RESOLUTION #18-089 HIRE ENGINEER MIKE O’REILLY TO DO A REPORT ON THE FRANCIS ROAD BRIDGE: Member Stiles made a
motion to hire Mike O’Reilly to do a report on the bridge on Francis road. Member Snow seconded the motion. Vote: Ayes-Members
Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
NEW BUSINESS
LOCAL LAW #4 OF 2018- AMENDING THE TOWN’S ZONING LAW: This item was tabled until it goes in front of the County Planning
Board for review.
CLOSING OF THE TRANSFER STATION FOR REPAIRS: Supervisor Kaminksi said that the Virgil Transfer station will be closed the week
of Aug. 13th until the 17th. Kaminski said that there is a safety issue that needs to be fixed.
SET THE DATES FOR BUDGET WORKSHOPS: Supervisor Kaminski said that the budget workshops will be held on September 11th, 18th
&25th and October 2nd, 9th and 16th at 6:00 PM at the Virgil Town Hall. Member Stiles made a motion to approve the above dates as
presented. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
VIRGIL YARD SALES AUG. 11TH 9:00-2:00: Supervisor Kaminski said that the Town of Virgil Yard Sales will be held on Saturday August
11th and the Fire Department will hold a chicken BBQ.
OIL AND STONE TOWN HALL PARKING LOT AND HOPE LAKE PARK: Supervisor Kaminski said that the Virgil Highway Department is
scheduled to oil and stone the Town Hall parking lot and the Hope lake parking lot. It is supposed to cost $1800 to oil and stone the
Town Hall and $2700 to oil and stone up at Hope Lake Park. Highway Superintendent Morse said that it may be a little higher because
the oil prices just went up. Member Stiles made a motion to approve the Virgil Highway Department to oil and stone the parking lots
at the Town Hall and at Hope Lake Park. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles
and Kaminski. Nays- None
SALES TAX REPORT: Supervisor Kaminski said that the Town’s portion of the sales tax is up a bit. Deputy Supervisor Stiles wondered
if the Town needs to accept the report. Attorney Snyder said they did not.
RESOLUTION #18-099 APPROVAL OF BUDGET AMENDMENTS AS OF JULY 31, 2018: Member Denniston motioned to approve the
budget amendments as presented. The motion was seconded Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles
and Kaminski. Nays- None Some further discussion took place. Supervisor Kaminski said that $40,497 from selling equipment will go
into reserves. Highway Superintendent Morse said that all the State Chips money was spent on oil and stone.
BAS PROGRAM FOR THE CODES OFFICE: There was some further discussion on the purchasing of the BAS program and how Harford
and Virgil will share the cost. Supervisor Kaminski said that he feels it should be based on a percentage according to how many tax
parcels each town has. Deputy Supervisor Stiles wanted to make sure that there is a service agreement in place. He is concerned if
there isn’t a service agreement, they could charge around $140 hour.
STATE EQUALIZATION RATE: Supervisor Kaminski said that the State equalization rate for the town of Virgil is 100% this year again.
He said that is good for the town.
DISCUSSION ON VIRGIL ELEMENTARY SCHOOL: Supervisor Kaminski said that he has looked into the costs to keep the building going.
He said that the cost of heating is around $16, 950 a year and the cost of electricity is around $20,747 a year. He said that he has a call
into the insurance company to find out the cost to insure the building. He said they will also have to plug in a number for maintenance
costs. He said that he is looking into all these numbers to see if the town residents want to take on the costs of the school or not. He
said that they will have to have all the numbers in place before deciding what to do. Member Denniston asked if these numbers
reflected keeping the building fully functional, such as keeping the heating and cooling at 72 degrees. He was wondering what the
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costs will be if they keep it at 55 degrees. Kaminski said that they need to figure out which way to go with the school. He said that if
the town takes it over, it’s going to affect the taxes. Highway Superintendent Morse said that right now we get paid to do the plowing
there. If the town took it over. He said that the town would need to put an additional person on for 20 hours a week. Kaminski said
that they need to have input from the community. Town resident Mary Schultz said that she is concerned at how the four corners
currently looks. She doesn’t feel that it accurately reflects how wonderful the community of Virgil is. She was wondering if the town
will have discussions on this matter. Kaminski said that when he met with school board, there will be no stipulations on what can be
done with the building. Member Stiles said that it is all tax payers’ dollars. He said that he, Kaminski and Snow took a tour of the
building. Kaminski also said that the assessor gave it a preliminary value of the building of $700,000 and the school values it at
$500,000. Kaminski said that he doesn’t want to see a bar, strip club or low-income housing go in there. He said he wants the town to
have a say in what goes in there. He said that it could be used for office space. He said that there is a commercial kitchen and high-
speed internet in the building. He said that the city is all hyped up about buying Parker School, but they have a lager tax base to absorb
the cost. He said that the school will be open for a year another year and then it will remain empty for a year. He said that the district
has to have a bond. He said that the school’s best option is to sell the building to the town for a dollar. Kaminski said that after the
towns budget workshops, they will be in a better position to see if the town can afford to take it over. He also stated that they need
to see if the community wants to move forward as well. He said that some residents might have some suggestions on how the property
can be used. He is wondering if there is someone interested in leasing it. He said that the rumor mill has shut down and people have
calmed down and become more level headed. He said that the Town did a foil request and the document they were looking for doesn’t
exist according to the school district. He said that there is one person that says it’s there, however he’s sure if they come forward the
district will have someone to discredit the claim. He said that they need to be realistic. He said that maybe there is some business in
Cortland that isn’t happy with their landlords and they want to move to Virgil. He said that all the dollar and sense need to be shared
with the community.
With no further business to discuss, Member Stiles moved to adjourn the meeting at 7:05 PM. Member Snow seconded the Motion.
Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None.
Respectfully Submitted by,
Alane Van Donsel, Virgil Town Clerk