The URL can be used to link to this page

Home My WebLink About12-10-2015 Town Board Meeting Minutes ApprovedVirgil Town Board Meeting December 10th, 2015 1 | P a g e TOWN OF VIRGIL REGULAR MEETING December 10TH 2015 PRESENT: Supervisor John Kaminski, Board Members Dale Taylor, Eric Snow, Jereme Stiles and Matthew Denniston, Town Clerk Alane Van Donsel, John Morse Highway Superintendent, Rick Horner Assistant Highway Superintendent, Demont Lang Highway Department, Brit Morse Highway Department, Craig Umbehauer Code and Zoning Enforcer (did not sign attendance sheet), Doug & Derek Withey W20perators, David Coish Yaws Environmental, Wes Kryger Greek Peak, Al Kryger Greek Peak Home Owners Association, Teri Pelton Virgil youth Commission, Stacey Kelsy Virgil Youth Commission, Gary Pelton, Paul Allen, Jim Pavero and Sarah Snow. 7:00 PM –TOWN HALL MEETING: Paul Allen addressed the board with a concern he had regarding his mother’s property on Gee Hill Road. 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# 15-131 APPROVAL OF MINUTES Draft of Board Regular Meeting Minutes dated Nov. 12th, 2015: Member Taylor moved to approve the minutes for Nov. 12th 2015. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None. RESOLUTION# 15-132 AUTHORIZATION TO PAY BILLS GENERAL FUND: Member Taylor moved to approve payment of the General Fund’s audited vouchers numbered 283-312 in the amount of $154,825.06. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. HIGHWAY FUND: Member Taylor moved to approve payment of the Highway Fund audited vouchers numbered 1187-1215 in the amount of $57,536.01. The motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None SEWER DISTRICT #1: Member Taylor moved to approve payment of the Sewer District #1 audited voucher’s numbered 2116-2127 _ removing voucher # 2118 in the amount of $821.00 because the building in question is rented by Greek Peak not owned by the sewer district. The amended amount of the vouchers is $7,202.79. The motion was seconded by Member Denniston. Vote: Ayes- Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None WATER DISTRICT #1: Member Taylor moved to approve payment of the Water District #1 audited vouchers 3066-3071 in the amount of $5,145.45. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None MONTHLY REPORTS SUPERVISOR’S MONTHLY REPORT: Member Stiles moved to accept the Supervisor’s Monthly Report in long form for Nov. 2015. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays -None TOWN CLERK’S MONTHLY REPORT: Member Stiles moved to accept the Town Clerks Monthly Report for November 2015. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None SEWER DISTRICT OPERATIONS REPORT: David Coish of Yaws Environmental submitted a written report. Member Taylor asked Coish what the situation was with the electric heat. Coish said that the heater had been in the building for twenty years and just gave out. He said they are using a temporary heater there now. Taylor asked Coish if he had looked into replacing the heater and Coish said yea. He said he had contacted three companies and the least expensive company was Northern. He said it’s going to cost betwe en $450 and $550 dollars to replace it. Taylor asked Coish what the situation was with prints that are outstanding from Mack Cook. Coish said he is still waiting on the prints. He said he isn’t able to k=hook up the sewer to the house until he sees the pri nts. Member Taylor moved to accept the Sewer Districts Report. The motion was seconded by member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None WATER DISTRICT OPERATIONS REPORT: Member Taylor asked how the leveling of the new b=building was progressing. Doug Withey said that it shouldn’t be too difficult and that they plan on getting in done within the next week especially because the weather is cooperating. Member Snow asked when they would be moving the equipment and supplies into the new building. Withey said once the building is leveled, it will be shortly after that. Withey said it’s about two truck loads. Taylor a=off ered his assistance if needed. Member Stiles motioned to accept the Water report from W2Operator’s. The motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays-None ANIMAL CONTROL OFFICER’S REPORT: A motion was made by Member Stiles to accept the Animal Control Officers report submitted this month by Country Acres. The motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays: None CODE ENFORCEMENT AND ZONING OFFICERS REPORT: A written report was submitted by Code and Zoning Officer Craig Umbehauer. Member Taylor asked how many solar arrays were being installed. Umbehauer said there are approximately 15 -10 Virgil Town Board Meeting December 10th, 2015 2 | P a g e solar arrays and geothermal system being installed. Member Denniston asked Umbehauer why he was against putting the Code and Zoning Officers report on line. Umbehauer said that people don’t like others knowing how much they are spending on stuff. He said none of the other towns he works for does that. Supervisor Kaminski said that the information is all public information and it is foil- able. He said he likes having the transparency. He told Umbehauer that it would be alright not to post anything that is pending on his reports. Member Stiles asked Umbehauer about some of his figures on his report. Stiles said he thought a new house was $225 and he reported only $85.00. Umbehauer said that he will have to correct the report. He said he wasn’t sure what happened there. Member Stiles motioned to accept the Code and Zoning Officers report. The motion was seconded Member Snow. Vote: Ayes- Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None COUNTY LEGISLATOR’S REPORT: County Legislator Sandy Price submitted a written report. Supervisor Kaminski said that Price had a prior engagement and she wasn’t able to attend the meeting tonight. Member Stiles said he was surprised to see the County Director of Budget and Finance had a contract. He didn’t think the last director had one. Member Stiles motioned to accept the County Legislators Report. The motion was seconded Member Snow. Vote: Ayes -Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None VIRGIL YOUTH COMMISSION REPORT: Teri Pelton of the Youth Commission submitted a written report. Supervisor Kaminski asked Pelton how things were going and she said great. Stacy Kelsy also submitted a financial report for the Youth Commission. Member Stiles motioned to accept the Virgil Youth Commission report. The motion was seconded by Member Denniston. Vote: Ayes- Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. HOPE LAKE OPERATIONS REPORT: Wes Kryger was present and said there was nothing to report other than they are all hoping for snow to get the Nordic Center opened. HIGHWAY SUPERINTENDENTS REPORT: Highway Superintendent John Morse was present and submitted a written report. Supervisor Kaminski told Morse that the Town received some information from the Cortland County Attorney Kern Howe regarding Workers Compensation. Kaminski said that all cases need to be reported within 24 hours and that all employees need to be made aware of that. Morse said that shouldn’t be a problem as long as he knows that. Kaminski asked Town Clerk Van Donsel to make a copy of the letter for the Bookkeeper and for John Morse. Member Taylor made a comment that the men had gone back to winter hours. Morse said yes. Taylor voiced some concerns about some truck having plows on them. He was concerned that it would take a lot more fuel to drive the trucks around with plows. Morse said those trucks are not being driven. Morse said that he wanted to bring up the fact that Brit Morse had passed his 90 day conditional employment and that he is now entitled to benefits including sic k time, retirement and insurance. Member Stiles read from the Employee Manual dated Aug. 09th 2012. It stated what Morse was saying was true. Morse also said that Aaron Peck has been working with the town for a year and that he is now entitled to two weeks’ vacation. Stiles again read from the employee manual and stated what Morse was saying was true. Morse said that the bookkeeper wouldn’t do either. Kaminski said that he will talk to her. There was some discussion regarding bulk storage. Morse said he took care of that. There was also discussion regarding the new compactor. Member Stiles said that instead of trying to sell the old compactor, it may be wise to use it for recyclables. He said there is a larger capacity and the recyclables could be compacted more. He also said that the town owns it, so it will save money from going out buying something new for recyclables. Morse sa id that he felt it wasn’t in too bad of shape. He said it would have to be sand blasted and painted and some rubber and plastic will have to be installed to fix some holes. Morse said that he would recommend keeping the aluminum trailer for electronics and sell the green tailor. Member Taylor said this should save the town approximately $30,000 because they will not have to buy a new trailer. Taylor asked when the new compactor will be put in place. Morse said two to three weeks. Taylor wondered if it will fit in the spot where the other one was. Morse said they will have to do some reconfiguring. Member Stiles motioned to accept the Highway Supervisor report. The motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. OLD BUSINESS GREEK PEAK LIGHTING DISTRICT: Al Kryger said that the residents at Greek Peak wish to be included in the town’s lighting district for their street lights. Member Taylor asked the lights were required to be installed when the condos were built. Kryger said that at the time they were built he wasn’t sure. He said he can’t produce a document that says they were, but he isn’t sure that they wouldn’t be required now. He said they are a higher traffic area. Gary Pelton said that there is a higher density of people there and he thinks it would be required because of that. Member Taylor agreed that there is a higher density of people , just like there is a higher density of people in the hamlet of Virgil. He said in the hamlet is the school and the fire station. He said that there are places that benefit the entire town so all the residents share in the expense from those lights. He didn’t feel that was the case wi th Greek Peak. He said that maybe there should be a separate lighting district like there is separate water and sewer district. Kryger said that the highway department maintains the roads and that the school uses the roads. Supervisor Kaminski asked why it wasn’t set up that the town picks up the cost from the beginning. Kryger said that there was a surcharge being charged because they have special fixtures, which the Home owners will continue to pay, but he is talking about the electric costs. Kaminski said this is going to cost the town an extra $1600 a year for the electricity and that is less than a penny per thousand to the tax rate. Taylor was concerned if this will be setting presidence for the futire. Is the Town prepared to pay the lectirc costs for futire developments? Kyyger s ia dit would have to be determind if it a private or public raod. He also stated that the town would get an increaded tax base form future Virgil Town Board Meeting December 10th, 2015 3 | P a g e developments and their density. Member Denniston was wondering if the town budgeting for this in next year’s budget. Denniston also wanted to know if there was anything in writing when the condos were built. Kaminski said he couldn’t find anything in the minutes. Kaminski said it was probably requested that the town pays the electrical costs. Kryger said that the assoc iation paid all, but then came back and said it wasn’t fair. Kaminski said he needs a motion from the board or he’s going to declare it a dead iss ue. He then asked what the board’s pleasure was. Member Taylor said he was willing to make a motion because it ’s s safety issue, but he still feels that it is setting a bad precedence for the future. Stiles also agreed to go along with it because of safety, be ing the Fore chief, he said it’s very important to have street lights up there. Stiles sis mention that in the future the board needs to establish at the conception of a development, who is going to pay for the electricity of street lights. RESOLUTION #15-133 THE TOWN SHALL PAY FOR THE ELECTRITY COST OF THE STREET LIGHTS AT THE GREEK PEAK CONDOS AND CLUTE ROAD: Member Taylor made a motion to pay for the electric costs of the street lights at the Greek Peak condos and Clute road for safety reasons. The motion was seconded by Member Stiles. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. RESOLUTION #15-134 APPOINT AN ALTERNATIVE MEMBER TO THE ZBA: There was only one applicant who applied to the Towns Zoning Board of Appeals. Member Taylor asked the Town Clerk if it was posted. She said yes there was an ad in the news paper, as well as an E-mail sent out to the list serve and a posting at the Town Hall. Member Denniston asked it would be a conflict for Steve Terwilliger to serve both on the ZBA and the Tax Grievance board. Taylor said he didn’t think so because they are two differ ent boards and they deal with different aspects of town business. Member Taylor motioned to appoint Steve Terwilliger to the Zoning Board of Appeals as an alternate. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. NEW BUSINESS RESOLUTION #15-135 LOCAL HIGHWAY TRANSFORATION FUNDING RESOLUTION: The Virgil Town Board adopted the Local Transportation Funding Resolution with the following Resolutions, with the full resolution to be copied and put into the minute book. RESOLVED, that the Town of Virgil calls upon the Governor and the New York State Legislature to make additional state funding resources available at levels that accurately reflect the critical needs of local roads and bridges; and increase CIPS funding in the 2016-2017 state budget; and BE IT FURTHER RESOLVED, that the Town of Virgil calls upon the Governor and the members of the New York Sate Legislature to filly submit a new NYSBOT five-year transportation capital plan and BE IT FURTHER RESOLVED, that the Town of Virgil calls upon the Governor and the members of the New York State Legislature to recognize the equality of roads, bridges and transit by restring funding between the MTA and NYSDOT five-year program and by voting on the plans simultaneously. A Motion was made by Member Taylor to approve the New York State Local Highway Transportation Funding Resolution and to mail copies of said approved resolution to Senator Seward and Assembly Women Barbara Lifton. The motion was seconded by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. OPEN SEALED BIDS ON TRACTOR: There were two bids submitted for a new tractor. One was from CNY Farm Supply. They submitted a bid for a Massey Ferguson 4608: 64Hp PTO/ 89Hp Engine, 4X4 AG Tires: R 16.9-30 R1 (Loaded), 12x12 Power Shuttle Transmission, Cab with heat, Air and Radio and a Massey Ferguson MF921X Loader: 3,200lb Breakout force, 72” ski d steer Quick Attach Bucket, non- self leveling, 124” lift height for $42,000. The second bid was from Cazenovia Equipment Co. Inc. for a 2015 John Deere 5085E Utility 85 engine Hp tractor (70 PTO hp) 1LV5085EPFY440553 and John Deer H260 Standard Loader fo r $54,498. Member Stiles said that the bid from Cazenovia Equipment didn’t meet the bid specs, as the specs called for a 2016 tractor. M ember Taylor asked if the highway department would be getting rid of any tractors. Morse said yes they are looking to s ell the 4610 and a smaller tractor on Auctions International. He said they should bring a decent price. RESOLUTION #15-134 APPROVE THE PURCHASE OF A TRACTOR: Member Denniston made a motion to purchase a Massey Ferguson 4608 tractor with a Massey Ferguson MF921X Loader from CNY Farm Supply with the low bid of $42,000. The motion was seconed by Member Snow. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. COUNTY REPORT ON 2015 SALES TAX: Supervisor Kaminski said the board received the 2015 sales tax totals. He said there will still be a third quarter sales tax check coming. COUNTY REPORT ON 2015 MORTGAGE TAX DISTRIBUTION: Supervisor Kaminski said that the board also received a copy of the 2015 Mortgage Tax and that the town of Virgil’s share is $23,919.20 which is normal. RESOLUTION 15-135 ADOPTION OF 2016 MAVAC CONTRACT: Member Stiles made a motion to accept the 2016 Ambulance Service agreement from Marathon Area Volunteer Ambulance Corps, Inc. in the amount of $4,013 annually. Member Denniston seconded the motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays- None. Virgil Town Board Meeting December 10th, 2015 4 | P a g e At this time the Town Board took a break from the meeting in order to celebrate and honor Town Bo ard Member Dale Taylor who is retiring from the Town board after 21 years of service. EXECTIVE SESSION: In Accordance with Public Officers law section Article 7, Section 103, Supervisor John Kaminski called for an Executive Session at 8:40 PM to discuss a pending litigation including tax assessments for Greek Peak. A motion was made by Member Taylor, seconded by Member Denniston. Vote: Ayes -Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay-None. Executive Session was adjourned at 8:50 PM. Moved by Member Taylor , Seconded by Member Denniston. Vote: Ayes -Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay -None. RESOLUTION #15-136 HIRE ATTORNEY RICHARD JONES: A motion was made by Member Taylor to hire Richard Jones of the Law Firm Mackenzie Hughes LLP from Syracuse NY to represent the Town, provided Cortland County and the Cortland enlarged City School District agree on hiring this attorney. The motion was seconded by Member Denn iston. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay-None. RESOLUTION #15-137 SET A DATE OF THE REORGANIZATIONAL MEETING: Supervisor Kaminski said that the board will have to meet before the usually scheduled second Thursday of the month, because they need to make appointments before then. Membe r Stiles made a motion to set the date of the Town Board’s organizational meeting as January 7 th 2016 at 7:00 PM. The motion was seconded by Member Denniston. Vote: Ayes-Members Taylor, Snow, Stiles, Denniston and Kaminski. Nay-None. At this part of the meeting Dale Taylor made some comments regarding his 21 years of service on the Virgil Town Board. Dale said he has been though four different Supervisors, 4 Town Clerks, Five Lawyers and fifteen Town Board Members. He said during his service the Town built a new Town Hall, Virgil walking Trail, the Gazebo, the town took over the water and sewer treatment plant, brought Corning Natural Gas to town and reconfigured Clute Road. He said these were the highlights. He said he was disappoint ed with how much money was wasted on the restaurant the is now the Gatherings. He cautioned the board not to throw anymore money into that property. He said that at the last meeting he said he was disappointed that more people weren’t involved with town business, but what he has come to realize is that people trust their elected officials to do the right things. Dale said he has enjoyed his time served on the board and that out of all the people he has served with over the years he thinks this board is the bes t one. He gave newly elected board member Gary Pelton some advice, “don’t be afraid to ask questions.” With no further business to discuss, Member Taylor moved to adjourn the meeting at 9:58 P.M. Member Stiles seconded the Motion. Vote: Ayes-Members Taylor, Snow, Denniston, Stiles and Kaminski. Nays: None. Respectfully Submitted by, Alane Van Donsel, Virgil Town Clerk