Loading...
HomeMy WebLinkAbout08-12-2015 Town Board Meeting Minutes- ApprovedTown of Virgil Regular Meeting 08/13/2015 1 TOWN OF VIRGIL REGULAR MEETING August 13th 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, John Morse Highway Superintendent, Rick Horner Asst. Highway Superintendent, Douglas Withy W20perators, Jena Withy W2Operators, John McGrath Yaws Environmental, Craig Umbehauer (Did not Sign Attendance Sheet), Wes Kryger Greek Peak, Demont & Sarah Lang, Aaron Peck, Paul Slowey, Walt Nichols, Jim Murphy, Carole Rehkugler, Christine Applegate, Judith Hope-Klessig, Dan Klessig, Teri Pelton, Stacy Kelsey (Did not sign attendance sheet) 7:00 PM –TOWN HALL MEETING Members of the Greater Tompkins County Municipal Health Insurance Consortium presented. Don Barber said there are two parts for discussion; one is the Health Consortium and the benefits plan. He said they have gone over this with a couple board members and the Highway Crew already. Barber said that Article 47 has allowed smaller Towns of under 50 employees to have another choice. There are some regulatory requirements under article 47 a couple are to adopt an agreement and to establish a reserve to cover liabilities. Barber said that there are three directors and each municipality has a voting seat and that they are highly regulated. He said right now there are 15 partners. He went on to explain a handout saying that they have been below on the amount of money budgeted for claims. Barber said that they have to establish a catastrophic reserve. Towns need to have a member on the board that meets six times a year. Member Dale Taylor asked if the director needs to be a town board member. Barber said that the director would be appointed by the board. Town Supervisor John Kaminski asked if the consortium would be waiving the front load fee for Virgil. Barber said that they did require a capitalize fee, but they adopted a resolution that allows the fee to be waived for smaller towns. Barber said the price difference could be up to 25%, he also said that it has been a very open and democratic process. Highway Superintendent John Morse asked about a two person family plan. Barber said they only have individual and family plans. Morse said there are three employees in the town that would be interested in a two person plan. He said he would like to see the next step up in benefits, because it might be the same that they are paying now. Steve from Locey and Cahill, LLC explained about the benefits package. He compared the bronze plan that the town has now to the bronze plan that the consortium offers. He said they both have high deductibles. He said the plans cover 60%. He said the consortium had better upfront benefits; however both plans are very similar in cost. He said the difference will be the increase in costs from year to year. Money saved will be on the increases. The Consortiums plan is projecting a 4% increase and the current plan the town has will have a much higher increase. There was some discussion back and forth about the different plans available through the consortium. It was determined that a couple board members will meet with the highway crew to discuss what plan to go with. 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# 15-097 APPROVAL OF JULY 2015 MINUTES Draft of Town Board Regular Meeting Minutes dated July 09th, 2015: Board member Taylor moved to approve the minutes of the July 09th 2015. The motion was seconded by Member Stiles Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None RESOLUTION# 15-098 AUTHORIZATION TO PAY BILLS GENERAL FUND: Member Taylor moved to approve payment of the General Fund audited vouchers numbered 174- 204 in the amount of $20,356.72. 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 1170- 1191 , in the amount of $30,739.71 . The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Stiles and Denniston Kaminski. Nays-None. RECREATIONAL AREA CAPITAL PROJECT FUND: Member Stiles made a motion to pay voucher number 4002, in the amount of $892. 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 2075-2088 in the amount of $11,629.59. 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 3040-3047, In the Amount of $4,890.23. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles and Denniston Kaminski. Nays-None Town of Virgil Regular Meeting 08/13/2015 2 MONTHLY REPORT SUPERVISOR’S MONTHLY REPORT: Member Stiles moved to accept the Supervisor’s Monthly Report in long form for July 2015. Member Denniston 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 July 2015. The motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None SEWER DISTRICT OPERATIONS REPORT: Dave Coish of Yaws Environmental Process Control, Inc. submitted a written report. John McGrath reported that everything was running well at the sewage treatment plant. He said there was some discussion regarding a new sewer hookup. He said that the home owner didn’t want a coupling, but rather a fern cup. Code and Zoning Officer Umbehauer said that could be a problem for the Town down the road. . Member Stiles made a motion to accept the Sewer District report for July 2015. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None WATER DISTRICT OPERATIONS REPORT: Board Member Stiles asked if the Supervisor was going to bring up the letters of concern from the two residents that had water and sewer billing issues. Kaminski said that there was one property owner that had a renter that ran up the water and sewer bill to $1600. He said as far as the board is concerned that property owner owes the money. He said that the amount that is going to be relieved is just. If she has concerns, she needs to come to a town board meeting. Stiles said that these people are looking for a response and he feels something should be put into writing. Kaminski said that he will draft a response and send one to them. A written report was submitted by W2Operators. Doug Withy reported that he received a estimate on a new shed. He said that a 14’X24’ shed would cost $6200. That price did not include the preparation of the sight. Supervisor Kaminski said that they need to have written RFP’s from three or more vendors according to the procurement policy. Kaminski said for Withy to draw up some bid specs and to give them to the Town Clerk. W2Operators is talking about hiring New York Leak Detection from Jamesville to come and try and figure out the situation with the leak at Greek Peak. They charge $1550 a day. Withy said they have done everything to try and find the leak and he feels it would be prudent to have a certified expert come in and analyze the whole system. He feels that the fifteen hundred dollars would be well spent. Member Taylor was concerned about the cost. He wondered if the Town spends this money and finds nothing, if it would be worth it. Withy said that it could be that the water is merely following an underground pipe and is not even in the system, but the concern is that the water has traces of chlorination in it, which could mean it’s from the system. Taylor asked if there was chlorinated water in the hydrant system. Withy said yes. Member Stiles 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 RESOLUTION #15-099 HIRE NEW YORK LEAK DETECTION: Member Stiles made a motion to hire New York Leak Detection for $1550 to canvas the entire water system and to provide a written report of their finding to the Town Board. Member Snow seconded the motion. 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. Member Stiles motioned to accept the Animal control Officers report. Member Denniston 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 Umbehauer if he has had the opportunity to have a chat with the fellow on Page Green Road that is running a used car lot. Supervisor Kaminski said that the Town Attorney was going to send him a letter and that Umbehauer was going to F.O.I.L. the DMV to see how of the vehicles are registered. Umbehauer said that there are approximately 11 vehicles there. Member Taylor said the vehicles could be registered without license plates. Kaminski said that anyone who sells more than five vehicles a year is considered a dealer in New York State. Umbehauer said that the area is not considered a junk yard because the vehicles change regularly. Community resident Dan Klessig asked what was being done with the junk yard on West State road. Umbehauer said the resident is putting up a pole barn so that people will not have to look at the junk anymore. Member Stiles made a motion to accept the Code and Zoning Officer’s report. The motion was seconded by member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. Town of Virgil Regular Meeting 08/13/2015 3 COUNTY LEGISLATOR’S REPORT: A written report was submitted by County Legislator Sandy Price. Price thanked everyone for their patience during her illness. She said she has received a good report from the doctor’s and hopes to be back in good health soon. She reported on Ash to Trash and jail needs. She also reported on the hiring of Karen Spafford as the new Real Property Tax Director. Member Stiles said that people need to understand that when our representative is not at meetings that it’s an automatic no vote and that there is nothing the board can do about it. Member Dale Taylor said that he shares in Stiles frustration. Stiles said that he is sick that the county is spending lots of money and the Town has no say. Community Member Applegate said that everyone has heard these concerns before. Member Taylor said that he heard that Sandy Price was running for re-election. Member Taylor made a motion to accept the County Legislators report. The motion was seconded by member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. VIRGIL YOUTH COMMISSION REPORT: Supervisor John Kaminski reported that he met with the Virgil Youth Commission treasurer Eddie Eaton. She said that the Youth Commission was defunct. Eaton is still overseeing the Before and After- School Program. Kaminski said that the Board will need to appoint a new commission of 4 to 6 members to bring the Youth Commission back to life. Kaminski said that he will oversee the Youth Commission for three to four months and then the new commission will eventually absorb the Before and After-School Program. There will be an ad put in the newspaper looking for members. Community Member Jim Murphy said that there may be a lot of people out there that would like to contribute. Murphy said that there were by-laws established. Community Member Teri Pelton would like to see a copy of the bylaws. Murphy said that the state has laws and that information can be obtained from John McNerney the director of the Cortland Youth Commission. Stacy Kelsey and Teri Pelton said they would like to get involved. HOPE LAKE OPERATIONS MONTLY REPORT: Wes Kryger said that he has the July finances for the board. The park will be closing in September and it has been a busy summer. Supervisor Kaminski said that some ditches need to be cleaned out the on the bank between the beach and the lake. Kaminski said they need to get rid of the sandbar. He said a call is into the DEC. Kaminski also said that they purchased the sand for the beach, but the company can’t deliver it. Member Stiles said that the company that they ordered from is no longer making sand. The second bidder was amount $9485.00. Stiles wanted to know what the board wanted to do, as this company can deliver next week. Community member Dan Klessig wanted to know why the Town would be buying sand when the season is almost over. Member Taylor said he would recommend waiting until spring to have it delivered. HIGHWAY SUPERINTENDENTS REPORT: Superintendent John Morse submitted a written report. Member Taylor asked Morse how the sale of the truck was going. Morse said that there has been a lot of interest on it. He said they have been using it to haul cement blocks instead of beating up the new truck. Member snow asked if it was being sold without the plow. Morse said yes, as the plow can be used on other trucks. Member Stiles asked when the new compactor will be delivered. Morse said that it is being built and it will be available in the spring. Morse said that he wants to hire a man for 20to 40 hours a week. He said that Ron Stanley doesn’t want to come back. He would like to hire Brit Morse for $15.00 an hour. Morse said that Donny Morse will be retiring the end of September and with Wayne retiring, he would like to hire another man. Taylor wanted to know if this would work into a full time position. Morse said that if Brit worked out it may become full time. Taylor was concerned with Morse hiring a second cousin, he felt like it looked like nepotism. Taylor said that the position should be advertized. Morse said that he is not hiring him because he’s a relative, but because he is a good worker. Member Taylor made a motion to accept the Highway Superintendent. The motion was seconded by member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. RESOLUTION #15-100 APPROVAL TO HIRE A HIGHWAY EMPLOYEE: Member Denniston made a motion to allow Highway Superintendent John Morse to hire a highway worker for $15.00 an hour for 60 days. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. RESOLUTION #15-101 CLOTHING ALLOWANCE FOR GEORGE BONHAM: The board had a discussion regarding the new hire at the Transfer Station. Member Taylor made a motion to allow Bonham to have a clothing allowance of $150 for clothing and $125 for steel toed boots. Member Stiles seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. OLD BUSINESS EMPLOYEE HEALTH INSURANCE: Supervisor Kaminski said that the health care consortium gave a nice presentation at the beginning of the meeting. Kaminski said that Board Members Jereme Stiles and Dale Taylor met with Town Town of Virgil Regular Meeting 08/13/2015 4 employees to discuss this health care option. They plan on meeting again to go over details. They talked about meeting around 4:30 on Thursday Aug. 20th. They are hoping to have a decision by the next town board meeting in order to have a letter into the consortium by September 10th. RESOLUTION #15-102 APPROVAL OF THE RESPONSE TO COMPTROLLERS AUDIT: Member Stiles made a motion to accept the written draft of the response letter to the NYS Comptroller’s office to be mailed to Gabriel Deyo. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. CHLORINATED WATER AT GREEK PEAK: This was discussed during the Water Districts report. ADDITION TO THE TOWN HALL: At the end of the meeting folks had the opportunity to view the final town Hall plans. FUEL ACCOUNTABILTY UPDATE: Supervisor Kaminski’ said that the pumps at the highway garage are not accurate. He said that there is air in them. Highway Superintendent Morse said that he had the pumps calibrated. Kaminski said that they did a test with diesel fuel. The truck used 856 gallons, but the pump only said that 810 was used. Member Stiles asked Morse how often the tanks were calibrated. Morse said that they were never calibrated before, but he said that he was going to have it done whenever the weather changes. Kaminski said this is something that needs to be worked on further. LIGHTING PROPOSL FROM EASTERN ENERGY SOLUTION: This item was already voted on at a past meeting. Papers needed to be signed at this point. RESOLUTION #15-103 SET PUBLIC HEARING DATE FOR PROPOSED LOCAL LAW 1- HIGHWAY SUPERINTENDENT POSITION: Member Taylor asked Attorney Snyder what the next step was. Snyder said that the Local Law needs to be adopted sixty days before the election. It was determined that a special meeting will need to be held in order to meet that time frame. Highway Superintendent Morse asked what will happen if it fails at the election. It would be determined to be null and void. The special meeting will be held on September 3rd at 7:00 pm in order to make the sixty day deadline. Community Member Paul Slowey said that what the board is talking about is a pretty significant change in the law. He felt like the board was moving too quickly. Morse said that people don’t know about the highway department. He said it’s a large responsibility. He was concerned that this decision would be taking away the freedom of choice of the people and it sounded more like communism to him. Morse said that he’s always looked out for the town. Morse said the board has been going back and forth on who is doing or not doing their job. He said the board has to look down the road, because they will not be here. Community member Dan Klessig said that this was a scare tactic from Morse, calling this communism. Slowey said that the most important part of the job was taking care of the CHIPS money. Judith Hope-Klessig wondered if they felt that 2500 people were more qualified to hire a Superintendent than an elected board. Supervisor Kaminski asked Slowey what his expectations were of a highway superintendent. He wondered if he should be there everyday. Kaminski said the board wanted the Highway Superintendent to put a placard on the town’s truck, but he wouldn’t. Morse said that he uses the truck from job to job and that he pays for the use of the truck. Member Taylor said that he felt they have come this far and that he wants to see what the people have to say. Taylor wanted to go ahead with the Public Hearing; he didn’t feel you could call it communism. Slowey was concerned that people wouldn’t know about it. Kaminski said that town board meetings should be packed, but people don’t come. Jim Murphy said that people don’t even know the difference between a town and county road. He said he knows of other towns that had someone appointed and things fell apart. Morse asked if the position was appointed would there be a contract. Kaminski said no, that the person would serve at the pleasure of the board. Morse said there is a lot more to the job than people know. Kaminski asked what the board pleasure was. Taylor said that he felt they should go through with the Public Hearing. Taylor said the biggest crowd that they had a town board meeting was a matter of horse’s defecating in the road. Attorney Snyder said that after the public hearing the board can hold a special meeting. Member Taylor made a motion to hold the public hearing on September 3rd 2015 at 7:00pm to discuss local Law #1 of 2015 followed by a special meeting. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Denniston and Kaminski. Nay- Stiles. NEW BUSINESS SET DATES OF BUDGET WORKSHOPS: Supervisor Kaminski said that bookkeeper Gina Nourse wants to start the budget workshops on September 22nd and go though Oct. 27th. Member Taylor was concerned because the consortium wanted to know by September 24th whether or not the town was on board or not. Taylor thought that the 22nd was too late. Kaminski said they just need to know before their annual meeting. Member Stiles made a motion to set the budget Town of Virgil Regular Meeting 08/13/2015 5 workshop dates as Sept. 22 and 29th, October 13th, 20th and 27th at 7:00 pm at the Virgil Town Hall. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. RESOLUTION #15-104 CORTLAND CITY SCHOOL DISTRICT SNOW PLOWING CONTRACT 2015-2016 SCHOOL YEAR: Supervisor Kaminski said that it was time to vote on the Cortland Enlarged City School District snow plowing contract again. Kaminski said that he felt it was time to raise it slightly. He said he felt the board should raise it by $250 for plowing and $250 for sanding; making the Total annual amount for snow plowing $2250 and for sanding $1250. Member Stiles made a motion to accept the snow plowing agreement with the slight increase for the 2015/2016 school year. The motion was seconded by member Stiles. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nays-None. RESIGNATION FROM THE ASSESSMENT BOARD OF REVIEW: James Murphy a member of the assessment board of review said that he spoke with long time member Peter Hans Sr. He said that Hans had been on the board for 22 years and felt it was time to give someone else a turn. Murphy said that Hans did a fantastic job. Murphy said that all the remaining board members wished to thank him for all his years of service. Supervisor Kaminski asked Town Clerk Van Donsel to advertize the opening. RESOLUTION #15-105 SALES TAX RESOLUTION: This is a resolution that needs to be voted on every year. Whereas, the amount of sales tax to be received by the Town of Virgil will exceed the amount necessary to fund the portion of the budget attributable to areas outside of Villages, and Whereas, there will therefore be a surplus of sales tax available and which this Board desires to be credited against the County tax in the area of the Town outside of Villages, and Whereas, the surplus referred to herein will be in the amount of $70,000.00, now Therefore, Be It Resolved, that the Cortland County Legislature be and hereby is requested to apply said amount of $70,000.00 surplus sales tax as referred to the reduction of the County tax levied against the real property in the Town of Virgil for the fiscal year 2016, and Resolved that the Town Clerk be, and she hereby is, authorized and directed to forward a certified copy of this resolution to the Cortland County Legislature. A Motion was made by member Taylor at accept the resolution as applying $70,000 of surplus sales tax money to reduce the County Tax levy. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay- None. RESOLUTION #15-106 BUDGET ADMENDMENTS: Member Stiles made a motion to accept the budget amendments as presented from the Towns Bookkeeper Gina Nourse. Transfer $3800 in General Fund A from A1900.4 to A1220.41 $2000. and A1620.2 $1800. Highway Fund (DA) $182,359.00 Transferred [DA511] $62,000, [Da599] $70,359, [DA510] $50,000. Credit DA5130.2 $120,359 and DA5130.2R $62,000; SEWER DISTRICT #1 [ss} $8.00 decrease SS1990.4 $8.00, increase [SS960} $8.00 and WATER DISTRICT #1 [SW] $674 SW1990.4decrease $670. Increase SW1910.4 $40 and increase SW8310.4. To amend budget by using contingent money to balance accounts. Member Taylor seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay- None. RESOLUTION #15-107 RETIREMENT RESOLUTION: Member Stiles made a motion to accept the retirement resolution as presented. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay- None. Some further discussion took place. James Murphy mentioned that it would be nice for the board to send a thank you to Pete Hans for his 22 years of service. Murphy also thanked the board for allowing the Solarize Central NY to take place at the Virgil Town Hall. Murphy said it really is a good deal. He also wanted to thank Bob and Christine Applegate and the professor from Cortland State. Murphy said that there will be another meeting at Virgil town Hall on September 23rd at 7:00 pm. Dan Klessig asked for an update on the addition. Kaminski said that the prints are done and they are getting ready to go out to bid. Klessig wanted to know if the building will still take place this year and if solar was an option for the town hall. Murphy said that it was a matter of town lawyers getting together to figure out the legal side of it. Applegate said Town of Virgil Regular Meeting 08/13/2015 6 that solar panels can be used anywhere that there are electric bills and she thinks it worth looking at. She said the panels don’t have to be on the property. Murphy said that municipalities are being served in the five counties at an unbelievable rate. EXECTIVE SESSION: In accordance to public officer law Article 7 subdivision 105d Supervisor called for an executive session to discuss the a proposed, pending or current litigation filed against the town of Virgil. Member Stiles made a motion to go into executive session at 9:27 pm. The motion was seconded by member Denniston. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay- None Member Stiles made a motion to go back into regular session at 9:35 pm. Member Denniston seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay- None RESOLUTION #15-108 HIRE ATTORNEY PAT SEELEY: Supervisor Kaminski said that there is a lawsuit filed against the town from Greek Peak. Kaminski said that the board plans on hiring Attorney Pat Seeley to handle the case. Member Stiles made a motion to receive a proposal for services from Pat Seeley to handle this special lawsuit. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay- None Some further discussion took place regarding the addition to the Town Hall. Supervisor Kaminski welcomed everyone to look at the prints. There was some question as to if the town will be going at to bid this season. There was discussion if the project was started this year, if it could be done before winter. Kaminski said that they could at least get the shell up before winter. Stiles said that the builders would want to get in and out. It was stated that the bid process might take two weeks. Member Taylor wondered if building could start before October 1st. RESOLUTION #15-109 ACCEPT THE DRAWINGS OF THE TOWN HALL EXPANSION: Member Stiles made a motion to accept the prints and bid documents from Weeks Engineering for the Town Hall expansion with some changed to the side entry way. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay- None With no further business to discuss Member Stiles made a motion to adjourn at 9:42 p.m. The motion was seconded by Member Snow. Respectfully Submitted by, Alane Van Donsel, Virgil Town Clerk