HomeMy WebLinkAbout09-13-2018 Town Board Meeting Minutes ApprovedVirgil Town Board Meeting September 13th, 2018
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TOWN OF VIRGIL REGULAR MEETING
September 13th, 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, Sandy Price County Legislator, Ken Scherrible Camden Group, Jenae Withey
W2Operators, Highway Superintendent Britt Morse, Sue Connolly & Corena Morse Virgil Youth Commission, Wes Kryger Greek Peak,
David Gower, Mack and Sylvia Cook, Peter Peroulakis, Robert & Chris Applegate, Peggy Ivie, Cynthia Bush, Teri Pelton, Lori Megivern,
Sara Sirois, Matt Hollenbeck, Patty DePerno, George & Judy Brechbiel, James & Sharon Sanford.
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 #18-100 APPROVAL OF MINUTES
Draft of the Regular Board Meeting Minutes dated Aug. 9th, 2018: Member Stiles moved to approve the minutes for Aug.9th, 2018.
Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
RESOLUTION #18-101 AUTHORIZATION TO PAY BILLS
GENERAL FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the General Fund’s audited vouchers
numbered 243-294 in the amount of $36,251.36. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays- None.
HIGHWAY FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the Highway Fund audited vouchers
numbered 1177-1187 in the amount of $7,435.51. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays- None
RECREATIONAL AREA CAPITAL PROJECT FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the
Recreational Area Capital Project Fund audited voucher number 4002 in the amount of $2,437.50. Member Snow seconded the
motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
SEWER DISTRICT #1 FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the Sewer District #1
audited voucher’s numbered 2080-2094, in the amount of $8,855.35. Member Snow seconded the motion. Vote: Ayes-Members
Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None They questioned
WATER DISTRICT #1 FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the Water District #1
audited vouchers 3043-3050 in the amount of $5,329.82. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays-None
MONTHLY REPORTS
SUPERVISOR’S MONTHLY REPORT FOR AUG 2018 LONG FORM: Member Stiles moved to accept the Supervisor’s Monthly Report in
long form for August 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 Stiles moved to accept the Town Clerks Monthly Report for August 2018.
Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
SEWER DISTRICT OPERATIONS REPORT: Ken Scherrible was present from the Camden Group. Supervisor Kaminski said that the sludge
tank was ordered and cost $12,000. Scherrible said that was just for the tank. He said that they priced out a stainless steel one for
$66,000 so he was happy with the $12,000 price. He says with labor the town is looking at a total cost of $20,000 to $25,000. Supervisor
Kaminski asked Scherrible to get the bid specs together. 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: Janes Withey reported that all has been quiet. She reported that they have finished the
installation of the cells. She said that the town has purchased new laptop to replace old computer. Member Stiles 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: Member Stiles moved to accept the Animal Control Officer’s Report. Member Snow seconded
the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
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 Snow. Vote: Ayes-
Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
COUNTY LEGISLATOR’S REPORT: County Legislator Sandy Price submitted A written report. Price reported that she wanted to take a
few minutes to talk about the Virgil Good Neighbor award winners. She said that there were 21 nominations and all received an award
certificate. The winners were: Barb Ackley who is a helper to many in large and small ways. Yvonne Fish-Kalland who developed and
maintains public flower beds. Teri Pelton who also helped develop and maintains public flower beds. The Browns who have the most
improved yard. The Corl’s who are persistent despite mother nature. Chris Applegate for her continued effort in organizing the Virgil
Farmers Market. Marge Hubbert who performs many kind gestures often times anonymously. Donna Timmerman who continues to
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keep her yard decorated beautifully. Alane Van Donsel for her untiring support for the Virgil School, it’s students and the community.
Rylie Sabin who is a helper to many. Pastor Steph Brown, who has a generous heart of gold and who is unselfishly giving in many ways.
Marsha Powell who has been a group leader for many years of the maintenance of the gazebo flower garden. Jimmy Wise who is a
quiet and generous assistant in many ways. Rachel and Courtney who have one of the most improved flower beds. Price said that at
a time where there is so much negativity, it was good to see all the good that is in our community. Price asked if there were any
questions from the board. Member Stiles asked Price what was happening with the flow control at the land fill, as he is concerned
about it. Price said she is concerned as well. Stiles said that if they pick up a little bit of garbage outside the county they can’t bring
the whole load in. Stiles was inquiring about the County Attorney position. He was wondering what the term limit is on that position
and if it was an appointed position. Price said that it is a 2-year term and the current term will be up in January. Stiles was wondering
if the county could look for someone with experience. Stiles is frustrated with what the current attorney has done. Price said she is
also frustrated with the landfill and the solar law. Stiles said that the loophole should have been caught. Price said that in county
attorney’s defense, the legislator had hired an attorney to write the law. Stiles asked about the land on route 281 that was donated
to the county for the jail complex. He wondered with no plan to build a new jail, will that land be put back on the tax roll? Price said
that there are some people that still have hopes in building the complex. Stiles said that there are many people who would like their
land off of the tax roll. Stiles wanted to know how Mr. Canfield and another gentleman were chosen. Price said that there was a
contractual agreement for the two people for a short period of time. Stiles felt that the county was opening up themselves for a
lawsuit. Stiles wanted to know why the county highway superintendent resigned. Price said that Mr. Krey’s term was up and another
person resigned on a personal matter that can’t be discussed. Price said that there should be an another one appointed at the end of
the month. She said that there will also be another Veterans Officer and maybe a county administrator as well. She said that there are
suggested qualifications. Stiles wanted to know if they pay everyone a high amount of money to everyone that comes in. Price said
that the management compensation package is based on a number of years of experience. Kaminski said that people hired at the
county level should be hired not appointed. Price said that there is highway committee of 7 people and she is on it. She said that the
full legislator makes the final decision. She said there is no money budgeted for the county administrator and it is unknown when they
would start. 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: Corena Morse of the Virgil Youth Commission submitted a written report and reported that
there is money in the checking, but they do not have a saving account. Kaminski said that they will set a savings account with two
names on it to approve transactions. There are some events planned for the next few months. There will be a trick or treat event in
October. The dish to pass gathering will be postponed until February or March. In December the ski club will begin. Morse said she
has to get in touch with the school district, because last year they were charged for busing. She is concerned because she knows they
are short on buses this year. Stiles said that he has heard concerns about the future of the Virgil ski club, due to the closing of the Virgil
Elementary School. Wes Kryger said that they will continue to honor that program for Virgil residents. Morse asked if Greek Peak
would be able to honor the club for Virgil homeschooled students on a different day. Morse said that they would like to attend with
other home schoolers. Wes said they can look into that. Member Stiles motioned to accept the Virgil Youth Commissions report. The
motion was seconded Member Snow Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
HOPE LAKE OPERATIONS REPORT: Wes Kryger reported that the summer operations are closed for the season. He said that there are
two events planned for the fall one is a wedding and the other is a reunion. Kryger said that they started lowering the level of the lake
to start the dredging work. Kaminski asked if they could open the valve a little more, as they are only down 2.5 feet and they need to
be down 4 feet. Kryger agreed.
HIGHWAY DEPT. SUPERINTENDENTS REPORT: Deputy Highway Superintendent Britt Morse was present and submitted a written
report. Board Member Pelton congratulated Morse on the work his crew did at the park and the transfer station. Supervisor Kaminski
said that the truck that hauls the trash compactor keeps breaking down. Morse said that it quit 13 times the other day. Morse said
that he contacted Ryder, where they bought it, and they said that they don’t buy anything. They did send a list of other vehicles that
could replace it. Kaminski said that they should start looking for a truck, they need to set a price range. Kaminski said that they need
to surplus the old one first and then pull the old bid specs. In the meantime, they are borrowing a truck from Dryden. 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.
RESOLUTION #18-102 APPROVAL TO SURPLUS A 2013 TRACTOR TRUCK ON AUCTIONS INTERNATIONAL: Member Stiles made a
motion to surplus the 2013 International tractor truck on Auctions International. Member Snow seconded the motion. Vote: Ayes-
Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None.
OLD BUSINESS
UPDATE ON HOPE LAKE PARK DREDGING: Kaminski said that they are scheduled to begin dredging on Monday He said that they plan
on working five days on the east end by Clute rd. They plan on fixing the pipe, stabilizing it and Rip Raping the bank. Kaminski was
wondering about purchasing the Rip Rap. Morse said that the company will deliver it anytime, but it is expensive. He said that he price
is on state bid. Kaminski said that once they stabilize the bank they will start dredging the lake.
UPDATE DATES FOR BUDGET WORKSHOPS: Kaminski said they will start working on the towns budget next Tuesday and the fire
district will begin on Monday.
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NEW BUSINESS
PROPOSED LOCAL LAW #4 OF 2018- AMENDING THE TOWN’S ZONING LAW: Attorney Snyder said that the board needs to approve
the SEQR and they need to determine if there is anything that they need to declare as an environmental impact. If not, they can declare
a negative declaration if there are no issues and then they need to approve it. This Law, when approved will become Local Law #3 of
2018, as the previous Local Law #3 was never adopted.
RESOLUTION #18-103 APPROVE THE FULL ENVIRONMNETAL ASSESSMENT FORM FOR THE TOWN OF VIRGIL ZONING AMENDMENTS:
Member Stiles made a motion to approve the Full Environmental Assessment form declaring no environmental impact. Member Snow
seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None.
RESOLUTION #18-104 APPROVE LOCAL LAW #3 OF 2018- AMENDING THE TOWN’S ZONING LAW: Member Stiles motioned to approve
Local Law #3 of 2018 amending the Town’s Zoning law. The motion was seconded Member Snow. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays- None
SEWER AND WATER CERTIFICATION FORMS: Supervisor Kaminski said that they found this form on file and they didn’t recognize it.
One form is for the Virgil Water district #1 and the other the sewer. Jenae Withey said that they recently saw it for the first time when
a new water hookup was requested on Kypriotis Dr. She said that they have it filled out on their desk. It is stated that there is a $600.00
hook up fee. Kaminski said that they are going to suspend the form until they can figure out if they need it. Stiles suggested asking
Dale Taylor about it, as he was on the Town board for many years. Withey said that this is the first new water hook up for a brand-
new service that they have had since they have operated the Water District.
APPOINT A COMMITTEE FOR THE SCHOOL AND DEFINE THE MISSION: Supervisor Kaminski said that there is a signup sheet for those
wishing to serve on a committee that will help figure out options for the Virgil School building. Kaminski said that he has the numbers
from past heating and electric bills, as well as estimates on insurance and maintenance. He said that its going to cost the taxpayers of
Virgil approximately $57,000.00 a year in taxes to keep the building going. He said that it works out to be about .34 cents per thousand
dollars of assessed value on a property. He would like to see the committee come up with ways of generating income from the property
to offset the cost to the tax payers. He would like to see a business or something similar like to use the building. He would like to work
on the plan from now until spring. He said that in the spring the town would go out for a public referendum to see if tax payers and
residents wish to take over the building. He said that tax payers need to be aware of the costs, because the town will probably have
to exceed the tax cap. He said that the building will remain open for one year and then it will have to sit idle for another year, so it
wouldn’t be for more 2 years that the town would potentially take it over. He said that if anyone like to be on the committee, please
sign up. He said that he would like to have 2 board members on the committee. Bob Applegate wanted to know if the town will be
able to get the building from the school district cost free. Kaminski said that it’s not going to be a lot. Kaminski said that the town
wants the playground and the walking path and all the fields, but what we are talking about now is the building, a strip of land and the
front parking lot. He said that he’s been to the school twice to check it out. He said that he is not sure what the district is going to
leave as far as content. Kaminski said that there are brand new boilers and new insulated windows. He said that it would be cheaper
to build a new building than it would be to rebuild it. He said that the school puts a value of $500,000 on the building and the assessor
said it is worth around $750,000. Kaminski said that the town controls what happens with the building because of the zoning laws that
are in place. He said that if residents vote no, the school will have to continue to maintain the building. It was asked of an audience
member if there is a guarantee that the Town of Virgil will get the playground and walking trail. Kaminski said that there was state
money given for the walking trail, although there is no guarantee at this point. Patty DePerno said that her brother requested
information through a F.O.I.L. request. She said that they F.O.I.Led the minutes from the Virgil school board from 1963-1964 and they
found out that Virgil was going to merge with Dryden. Kaminski said that the Town F.O.I.Led the minutes as well and that Virgil was so
big that they wanted to build on to the school, but the state said no and forced the Virgil Central School to merge. In the minutes there
was a clear concern for the Virgil students. The residents of Virgil voted to go to the Cortland City School District, and after that the
minutes changed direction. The Cortland City School District would do the final agreement and planning. Then two months later the
merge occuered. DePerno looked at the1964 voter sheets and said that there are 5 or 6 people on the list that are still alive. She also
noticed that the minutes became vague at one point. Kaminski said that his mother remembers that local representatives came to the
house with petitions and they said there was a guarantee that the school would never be closed. Lori Megivern asked about an Email
from a former Virgil principal that said there was a merger document spelling out the agreement. Kaminski said that a former principal
said there was a document, but they looked for it and couldn’t find it. He said that it’s the principal’s word against the school district’s
word. Megivern asked if the district ever gave a reason for removing the safe? Kaminski asked if it would it make a difference. There
is no answer on why the safe was moved. Kaminski said that some of the board members had a tour of the building and the principal
refused to give the business official the combination of the safe. Kaminski said he wanted the agreement. Attorney Snyder said that if
the document existed, it was never referred to in the minutes. Snyder thinks that it would have showed up in minutes. DePerno said
that another attempt to close the school was made and Marsha Carlson was very instrumental in stopping that. Marsha Kept
everything and she was wondering if she might have had the document. Maybe it’s at the college. Ray Stevens name was mentioned
as a person that was on the board in 1965 having been elected after the merger took place. Kaminski said that at this point they need
to form a committee. There is a signup sheet for people interested and there is a tally of the costs available on the website. Legislator
Sandy Price said that Senator Seward is very interested in what happens to the school and the walking trail. Supervisor Kaminski said
that the school answered the F.O.I.L. request, they can’t find the document they were looking for. It was asked if anyone has
approached the school board regarding the town taking over the school? Someone said they were approached by other entities,
however the Superintendent said that it was a rumor. Kaminski feels that they really want to pass it on to the Town. It was stated that
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If they sell the building for $500,000 they lose state aid. Bob Applegate asked if the town should try to get all the properties in Virgil
reassessed because of the school closing. Kaminski said that people have started selling their homes and they are selling in five to
seven days. Sandy Price feels that there will be an economic impact. Lori Megivern said that there are a lot of people moving out of
state.
WORKER’S COMPENSATION: The town received a bill from the county for workers compensation. Member Matthew Denniston who
sits on worker’s compensation committee said that the bill doesn’t match what the town budgeted for workers compensation.
Supervisor Kaminski said that they will have to look at it at budget time.
AUCTIONS INTERNATIONAL RESULTS: Supervisor Kaminski said that they received the check for the roller for $18,000.00. Member
Stiles asked the Town clerk if they had already approved this, she said yes.
FURTHER DISCUSSION
DISCUSSION ON A LETTER FROM NEW YORK STATE REGARDING CIVIL SERVICE LAW: The town received a letter from New York State
regarding potential disciplinary actions against civil service employees. Kaminski said that according to this letter action cannot be
taken against a civil service employee until they have a formal hearing.
RENOVOUS LETTER- Supervisor Kaminski said that the company Renovous is looking into installing a solar farm on Page Green Road
on the Lynch farm. This project is much smaller than the one that was previously proposed by Distributed Sun. It will only encompass
one acre., however it will still be considered to be a commercial project.
FRANCIS ROAD BRIDGE: There is a bridge on Francis Rd. that has been flagged by the state. The town couldn’t fix it without the services
of an engineer. The town found a company that specializing in this type of work, however the job will need to go out for a request for
proposal, as per the towns procurement policy. Kaminski would like to hold a special meeting to open the RFP’s. The Town Board will
review and award the proposals at that meeting, so they can get the project underway. Kaminski is concerned that if they don’t move
ahead, they will have to wait another year before work can commence. Kaminski said that he would write up the engineering proposal
and get it posted. He would like to have the bids back by September 27th. Attorney Snyder said that the town will have to advertise
the request for proposal in the paper.
RESOLUTION #18-105 SET A SPECIAL MEETING TO OPEN AND AWARD PROPOSALS: Member Stiles made a motion to set the special
meeting date on September. 25th 6:00 PM. RFP’s need to be submitted by September. 21st. Member Pelton seconded the motion.
Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None. (It was later discovered that this time frame would
not work, so the date of the special meeting was posted as: PLEASE TAKE NOTICE: The Virgil Town Board will hold a special board
meeting on Oct. 2nd, 2018 at 6:00 PM at the Virgil Town Hall, 1176 Church Street, Virgil NY 13045 to review Requests for Professional
Services for an Engineer to perform a site visit inspection on a bridge in the Town of Virgil on Francis Road.
COUNTY SOLAR ENERGY LOCAL LAW- Sandy Price said that he County has passed a Local Law regarding the taxing of commercial solar
projects. Price said that presently commercial solar arrays are not taxable. Price said that if towns want to tax solar farms they will
have to pass their own local law.
RESOLUTION #18-106 BOARD OF ASSESSMENT REVIEW APPOINTMENT: Member Stiles made a motion to approve Sarah Dean to the
Board of Assessment Review. Member Snow seconded the motion. Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays:
None.
WIDENING OF VAN DONSEL ROAD: Town resident Robert Applegate commended the Virgil Highway Department for the work they
performed on Van Donsel Road. He said they did a great job on widening the road and that leaving the bridge narrow is a good
deterrent for speeders. Highway Superintendent Britt Morse thanked Applegate.
With no further business to discuss, Member Stiles moved to adjourn the meeting at 7:30 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