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HomeMy WebLinkAbout02-11-2016 Town Board Meeting Minutes ApprovedVirgil Town Board Meeting February 11th, 2016 1 | P a g e TOWN OF VIRGIL REGULAR MEETING February 11TH 2016 PRESENT: Supervisor John Kaminski, Board Members Eric Snow, Jereme Stiles, Gary Pelton and Matthew Denniston, Town Clerk Alane Van Donsel, John Morse Highway Superintendent, Rick Horner Deputy Highway Superintendent, Demont Lang Highway Department, Craig Umbehauer Code and Zoning Officer, Doug, Dereck & Jenae Withey W20perators, Sandy price County Legislator, Teri Pelton Virgil Youth Commission, Leann Hlebica Cortland Standard and Dan Haines. 7:00 PM –TOWN HALL MEETING: 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# 16-023 APPROVAL OF MINUTES Draft of Board Reorganizational Meeting Minutes dated Jan. 7th, 2016: Member Stiles moved to approve the Reorganizational Meeting minutes for Jan. 7th 2016. The motion was seconded by Member Snow. Vote: Ayes-Members Snow, Denniston, Stiles and Kaminski. Nays-None. Abstain: Pelton as he was excused from the reorganizational meeting. Draft of Board Regular Meeting Minutes dated Jan. 14th, 2016: Member Stiles moved to approve the minutes for Jan. 14th 2016. The motion was seconded by Member Snow. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays-None. RESOLUTION# 16-024 AUTHORIZATION TO PAY BILLS GENERAL FUND: Member Denniston moved to approve payment of the General Fund’s audited vouchers numbered 36-59 in the amount of $20,043.86. The motion was seconded by Member Stiles. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. HIGHWAY FUND: Member Denniston moved to approve payment of the Highway Fund audited vouchers numbered 1020-1036 with the correction of Voucher # 1029 Triple Cities Acquisition LLC 131806, amount listed is $3884.96 and it should be $384.96 the total amended amount of highway vouchers should be $16,230.03. The motion was seconded by Member Pelton. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None SEWER DISTRICT #1: Member Stiles moved to approve payment of the Sewer District #1 audited voucher’s numbered 2014-2022 in the amount of $ 7,742.98. The motion was seconded by Member Snow. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None WATER DISTRICT #1: Member Stiles moved to approve payment of the Water District #1 audited vouchers 3006-3009 in the amount of $5,294.37. Member Denniston seconded the motion. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None MONTHLY REPORTS SUPERVISOR’S MONTHLY REPORT: Member Stiles moved to accept the Supervisor’s Monthly Report in short form for January 2016. Member Snow seconded the motion. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays –None TOWN CLERK’S MONTHLY REPORT: Member Denniston moved to accept the Town Clerks Monthly Report for January 2016. The motion was seconded by Member Snow. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None TAX COLLECTORS REPORT: Town Clerk and Tax Collector Van Donsel reported that as of date the town has collected 83.92% of the 2016 Town and County taxes due. She said that represents two million eight hundred sixty seven thousand one hundred seventy seven dollars and forty nine cents. She said it has been a very busy month. Member Stiles moved to accept the Tax Collectors Report for January 2016 to date. The motion was seconded by Member Snow. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None SEWER DISTRICT OPERATIONS REPORT: David Coish of Yaws Environmental submitted a written report. Member Denniston moved to accept the Sewer Districts Report. The motion was seconded by member Snow. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None WATER DISTRICT OPERATIONS REPORT: Doug Withey reported that all is quiet at the water treatment plant. Withey said that the ISO system report looked good. Withey said there has been no freeze ups this year. Member Pelton was curious as to where the pumps are located? It was stated that they were by the ski center on the side of pump house across from Clute Rd. Withey said there are two pumps eight feet apart that get alternated. Pelton who is a newly elected board member said he lives across from the sewer treatment plant and that he took a tour there. Pelton said he would like to take a tour of the water plant as well. Withey said he was welcome anytime. Member Stiles motioned to accept the Water report from W2Operator’s. The motion was seconded by Member Denniston Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays-None ANIMAL CONTROL OFFICER’S REPORT: A motion was made by Member Denniston to accept the Animal Control Officers report for January 2016 submitted by Country Acres. Member Denniston questioned why the town pays to euthanize a dog that was surrendered by a resident. Supervisor Kaminski agreed and said they can understand if the dog was a stray, but if they know the owner, they feel that the former owner should have paid for the dog to be euthanized. Member Stiles was going to look into it. Virgil Town Board Meeting February 11th, 2016 2 | P a g e Denniston felt it would be wise to look at the contract with country acres. The motion was seconded by Member Snow. Vote: Ayes- Members Snow, Pelton, 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 Pelton questioned about some violations that were listed on the report. Umbehauer said that was for 2199 RTE 215. Umbehauer said that they are going to cut down all the weeds. One of the out buildings need s a little work too. Pelton said he knew there were concerns from the two neighbors. He said he spoke to them when he was campaigning for the board position. Umbehauer said that when a property is abandoned it’s hard to find out who’s in charge. Once he finds out he sends a notice of violation and triggers to get someone out to take care of the issues. Member Denniston motioned to accept the Code and Zoning Officers report. The motion was seconded Member Stiles. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None COUNTY LEGISLATOR’S REPORT: A written report was submitted by County Legislator Sandy Price. Price was present and reported that the county was joining the school district and Town of Virgil to challenge Greek Peak property tax challenge. She said there is a proposal by a company wanted to apply for a grant for trash, she said it’s still in discussion phase. Next month will be a meeting about workers compensation. Price encouraged as many as possible to come. She said the meetings are held on the 2nd Tuesday of the month at 37 Church Street where that Planning Department is located. Price said she will send out a memo as a reminder. Member Stiles motioned to accept the County Legislators report. The motion was seconded Member Denniston. Vote: Ayes- Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None VIRGIL YOUTH COMMISSION REPORT: Teri Pelton of the Youth Commission submitted a written report. Pelton said everything is going well. She said that it is nice to have extra people on the committee. She said having more people brings different ideas. Member Denniston motioned to accept the Virgil Youth Commission’s report. The motion was seconded Member Snow. Vote: Ayes- Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None HOPE LAKE OPERATIONS REPORT: Wes Kryger came to the meeting late and didn’t have anything to report. HIGHWAY SUPERINTENDENTS REPORT: Highway Superintendent John Morse was present and submitted a written report. Supervisor Kaminski said that the board received a report on fuel accountably and he said it looked good. Member Snow had a question on the last statement regarding money to go to the Highway equipment. Superintendent Morse said that is from the Fire Department who buys gas from the town. Morse said he thinks it should go in the Highway equipment fund. Member Stiles said they would have to ask Gina where the money goes, which line item. Member Denniston motioned to accept the Highway Supervisor report. The motion was seconded by Member Snow. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. OLD BUSINESS RESOLUTION #16-025 APPROVE ENGAGEMENT AGREEMENT WITH ATTORNEY: Member Stiles motioned to approve the Engagement letter with Attorney Mackenzie Hughes LLP. The motion was seconded by Member Denniston. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. Attorney Pat recommended that we engage with the law firm. He said they charge a little over two hundred dollars an hour. RESOLUTION #16-026 REAPPOINT HOPE LAKE PARK COMMITTEE: Interested Committee Members Judith Hope-Klessig, Daryl Dawson, Alane Van Donsel, Liz Bonham and liaison Jereme Stiles. Member Denniston motioned to accept the interested Members of the Hope Lake Park Committee. Denniston said he would like to see a quarterly report. Van Donsel said she thought the committee only met once a year, the board said they would like quarterly updates. The motion was seconded by Member Snow. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. Member Pelton asked what the committee was for. Member Stiles said that there was committee, but it kind of disbanded. Stiles said they want to redevelop the committee. He says the committee meets to see where to spend money each year. He said with the reestablishment of the committee the board can better budget each year to bring the park up to speed. Kaminski said the town is definitely buying sand this year. He also said that there is ditching that needs to be done. He said those are some of the larger ticket items. Kaminski said there is money in the community development fund that can be used. Member Pelton said he was interested in being on the committee. RESOULTION #16-027 APPOINT MEMBER TO THE PLANNING BOARD: Member Stiles motioned to appoint Planning Board Alternate Mark Baranello as full-time member to the Virgil Planning Board for a five year term. The motion was seconded by Member Denniston. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. RESOLUTION #16-028 RE-BID TRACTOR FOR HIGHWAY GARAGE- Supervisor Kaminski said he needs a motion to rebid the tractor for the Highway garage. Kaminski said the current lowest bidder did not meet the specifications. He said he would like the bi ds by the 10th of March for the Town Board meeting held on that day. Kaminski said the new bid speciation’s will have a more specific model. Member Denniston motioned to go out for a rebid on the tractor for the Virgil Highway Garage. Member Pelton Seconded the motion. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. Virgil Town Board Meeting February 11th, 2016 3 | P a g e UPDATE ON CREEK RECLAMATION AND GRANT MATCHING: Supervisor Kaminski said that Gravel needs to be hauled for the creek reclamation. Kaminski said the town has to match funds, but he is thinking they can contribute by hauling the gravel. Superintendent Morse asked when the job will be started. Kaminski said sometime between May 15th and Sept. 15th. He said there is only a certain time frame that people can be in the creek according to the DEC. Kaminski said he’d like to say the towns goin g to haul the gravel. Morse said that the middle of June is when they try to get their heavy construction work done. Kaminski said that he has his CDL and he’ll take time off of work and haul gravel if he has to. . AUDIT THE TOWN SUPERVISORS BOOKS: Supervisor Kaminski said that an audit of the Town’s Supervisors books was performed by two board members. Member Eric Snow and Member Matt Denniston audited the January records of the Virgil Town Supervisor book as per the comptroller’s response. NEW BUSINESS REPORT ON INTERACTIVE HEALTH-BLUE 4U CULTURE: Town Clerk Van Donsel and Town Board Member Snow took part in a conference call regarding Blue 4U. Member Snow said that employees that are in the consortium are eligible for a f ree confidential physical. Snow said that anyone who gets insurance through the consortium and who is over 26 can participate. Superintendant Morse said some of the men have already signed up. He said he thinks it’s a good thing and felt people would be crazy not to sign up. Van Donsel mentioned that there is a window of time when folks could sign up and she wanted to make sure that Morse made the employees aware of that. AWARD TOWN HALL ADDITION BIDS: Engineer Chuck Weeks was present and he reported that there were nine bids. He said this was a very good response. Weeks said that RL Yale Construction from Pitcher NY, was the lowest bidder. Weeks said that he talked to Mr. Yale a couple times. Weeks said he went through the bids and then confirmed with the lowest bidder that he didn’t make any mistakes on his bid. Weeks said RL Yale Construction has been in business for twenty years. The company has done couple public works projects. Weeks called all three references and they were all very enthusiastic about the builder. Norwich and Ostselic said they would hire him again. Weeks said they were very polite and answered all questions. Weeks said he didn’t see any reason why the Town board shouldn’t award the bid to the lowest bidder. Supervisor Kaminski wanted to make sure they met all the bid specs. Weeks said they did. The board can request a performance bond. Weeks said that RL Yale was looking to accelerate the project, but Weeks said they need to wait for the weather. Weeks said they will prepare the contracts. Supervisor Kaminski asked what the board’s preference was. Kaminski wanted to know if the board wished to go with Engineer Weeks recommendation and go with the lowest bidder RL Yale for 262,000. Member Pelton wanted to know if all materials were included in the bid and if there will be any substitutions. Weeks said there may be some substations, but the bidder needs to put everything in that is listed on the specs. Weeks said that Yale is the owner of the company and he doesn’t have to pay himself prevailing wage. He also said that he’s g oing to supervise the job. Weeks said that the paperwork will go through him and that Attorney Snyder will get the contracts to review. Attorney Snyder said to E-mail it over to him. Weeks said they are going to have a special inspector for pouring of the concrete. He said there is a statement of special inspector based on NYS Law. Kaminski wanted to know if he could recommend someone. Weeks said he was going to be here to oversee the slump test. Weeks said that he’d be on site for four on site visits and he will i nclude a report. Weeks said for the Town Clerk to return all original bid bonds except for the three lowest bidders. Weeks said it will probably take 45 days to get a contract signed. There was some discussion regarding fiber optic cables, gas lines and water lines. These will all have to be found and marked. MAIL BID BONDS: Member Stiles made a motion to have Virgil Town Clerk mail back the original bid bonds to all the bids accept the three lowest. Member Snow seconded the motion. Vote: Ayes -Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. RESOLUTION #16-029 AWARD TOWN HALL BID TO RL YALE CONSTRUCTION: Member Stiles motioned to accept the lowest bid on the Virgil Town Hall addition to RL Yale Construction in the amount of $262,000. Member Snow seconded the motion. Vote: Ayes - Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. RESOLUTION #16-030 TO APPROVE EXTENTION OF TIME ON TAX COLLECTING UNTIL JUNE 1ST 2016: Member Stiles made a motion to approve the extension of the Tax Collectors time to collect taxes until June 1 st, 2016 according to Real Property Tax Law section 938. The Motion was seconded by Member Denniston. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. REVIEW SUMMARY OF INSURANCE & STATEMENT OF VALUES: Supervisor Kaminski said that he and Member Stiles met the Town’s insurance company. Member Stiles said that some of the items they felt should be lowered because they were over values, such as the pavilion and Hope Lake is valued at $272,000. He would recommend lowering the value to 100,000 to get closer to a more realistic replacement value. Stiles felt that the bath house was valued too low, he felt it should be raised to 180,000 based on a discussion they had with Steve Franco. Stiles said that the rest of the items looked more realistic. There was some discussion regarding the maintenance building that is owned by the town but leased out by Greek Peak. He said Greek Peak has their contents insured, but not the building. Stiles was wondering who should insure the building and he was wondering if the town d oes remove insurance, there could be a lapse in coverage. Stiles recommended leaving the insurance in place. Supervisor Kaminski agreed. Think we should make the adjustments. Member Snow asked if the new storage shed for the water treatment plant was added. Stiles said yes, there is an extra $10,000 added. Member Stiles made a motion to make the adjustment to the Town’s Insurance policy. Member Denniston seconded the motion. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. Virgil Town Board Meeting February 11th, 2016 4 | P a g e STORIE LAWSUITE: Supervisor Kaminski said that the Attorneys for the Storie Lawsuit wish to talk to Highway Superintendent Morse. Morse said that he talked to them and he’s going to be setting up some dates. REPORT ON 4TH QUARTER SALES TAX DISTIBUTION: Supervisor Kaminski said that the sales tax went down about 4%. He thinks that we are on the downward trend. RESOLUTION #16-031 BUDGET ADMENDMENTS: Supervisor Kaminski said that the board needs to vote on The 2015 Final Budget Amendments in order to close out the 2015 year. Member Stiles made a motion to approve the 2015 Final Budget Amendments, for General fund, Highway fund, Sewer and Water District Funds as presented. Member Pelton seconded the motion. Vote: Ayes- Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays- None. ADDITIONAL TRANSFER RECOMMENDATIONS: Member Stiles wanted to know why the Town’s bookkeeper wanted to move the money as recommended. Supervisor asked if the board would like to table this item until they can talk to the bookkeeper Gina Nourse. TABLED RESOLUTION #16-032 CLOSING THE LOAN ON THE GATHERINGS: Attorney Snyder presented a draft Resolution for the Gatherings loan. Attorney Snyder read the resolution: WHEREAS, the Town of Virgil, through its community development loan program, loaned Debsco LLC, d/b/a The Gatherings Restaurant, the sum of $25,000.00; and WHEREAs, the loan was made on or about August 12, 2010, for the purpose of upgrading the electrical service and wastewater treatment system so that they would comply with building and public health codes; and WHEREAS, the real property at issue has been foreclosed upon, and the property is now owned by Community Bank, NA; and WHEREAS, the debt is considered to be uncollectable; IT IS HEREBY RESOLVED that the amount due and owing on said loan be written off from the community development books. Supervisor Kaminski said this will clear up the debt and clear the books. Kaminski said that they spoke to Thoma and they agreed with this. Member Stiles made a motion to close the loan on the Gatherings Resolution #16-032. Member Snow seconded the motion. Vote: Ayes-Members Snow, Pelton, Denniston, Stiles and Kaminski. Nays - None. Supervisor Kaminski asked if there was any other business. The discussion on the Fiber optic line and gas lines at the Town hall was brought up again. Member Stiles said they will need to be located and they will probably need to be moved. Stiles said the town will have to pay to have them moved. Stiles said he will set it all up. Stiles said there needs to be a plan made. He said we aren’t sure what the weather will be for the next month. Attorney Snyder said the town might have to go out to bid to move these lines depending on the cost. With no further business to discuss, Member Stiles moved to adjourn the meeting at 8:25 P.M. Member Pelton seconded the Motion. Vote: Ayes-Members Snow, Denniston, Stiles, Pelton and Kaminski. Nays: None. Respectfully Submitted by, Alane Van Donsel, Virgil Town Clerk