HomeMy WebLinkAbout08-11-2016 Town Board Meeting Minutes ApprovedVirgil Town Board Meeting August 11th , 2016
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TOWN OF VIRGIL REGULAR MEETING
August 11H 2016
PRESENT: Supervisor John Kaminski, Board Members Eric Snow, Jereme Stiles and Matthew Denniston, Gary Pelton, Town Clerk
Alane Van Donsel, Attorney Patrick Snyder, Sandy Price County Legislator, Rick Horner Assistant Highway Superintendent, Demont
Lang Highway Superintendent, Jenea Withey W20perators, David Coish Yaws Environmental, Wes Kryger Greek Peak, Teri Pelton
Virgil Youth Commission (did not sign attendance sheet).
7:00 PM –TOWN HALL MEETING: No one form the public addressed the board.
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# 16-067 APPROVAL OF MINUTES
Draft of Board Regular Meeting Minutes dated July 14th, 2016: Member Stiles moved to approve the minutes for July 14th 2016.
The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None.
RESOLUTION# 16-068 AUTHORIZATION TO PAY BILLS
GENERAL FUND: Member Denniston moved to approve payment of the General Fund’s audited vouchers numbered 194- 223 in the
amount of $34,088.51 The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and
Kaminski. Nays- None.
HIGHWAY FUND: Member Denniston moved to approve payment of the Highway Fund audited vouchers numbered 1144-1161 in
the amount of $85,756.51 The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and
Kaminski. Nays- None
CAPITAL PROJECTS RECEATIONAL AREA HOPE LAKE PARK: Member Stiles moved to approve the audited voucher 4002 in the amount
of $951.00 for picnic tables for Hope Lake Park. The motion was seconded by Member Denniston Vote: Ayes- Pelton, Snow, Denniston,
Stiles and Kaminski. Nays: None.
CAPITAL PROJECTS-HALL ADDITION FUND: Member Denniston moved to approve the audited vouchers numbered 5005 in the
Amended amount of $62,550.85. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles
and Kaminski. Nays- None
SEWER DISTRICT #1: Member Denniston moved to approve payment of the Sewer District #1 audited voucher’s numbered 2087-
2100 in the amount of $10,607.87. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston,
Stiles and Kaminski. Nays- None
WATER DISTRICT #1: Member Denniston moved to approve payment of the Water District #1 audited vouchers 3034-3038 in the
amount of $5,363.07 Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-
None
MONTHLY REPORTS
SUPERVISOR’S MONTHLY REPORT FOR JULY 2016: Member Stiles moved to accept the Supervisor’s Monthly Report in Long form for
July 2016. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays –None
TOWN CLERK’S MONTHLY REPORT: Member Stiles moved to accept the Town Clerks Monthly Report for July 2016. The motion was
seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
SEWER DISTRICT OPERATIONS REPORT: David Coish of Yaws Environmental reported that they are still working on the tank. Coish
said that the first one that was installed didn’t work. Member Pelton commented on how the foam seemed to be well under control.
Coish said that they found the right regiment to keep it down and that all is going well. Member Stiles moved to accept the Sewer
Districts Report. The motion was seconded by member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski.
Nays- None
WATER DISTRICT OPERATIONS REPORT: Doug Withy was not present. Janae Withy was present. Member Snow asked about an
excavator that backed into a pipe. He was wondering who owned the excavator and who was going to receive the bill for the damage.
Withy was unsure, but she believes that he town was goin g to be billed for it. Withy said she would check with Doug, as he is out of
town. Member Stiles moved to accept the Water Districts Report. The motion was seconded by Member Snow. Vote: Ayes-Members
Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
ANIMAL CONTROL OFFICER’S REPORT: There was no Animal Control Offers report received this month.
CODE ENFORCEMENT AND ZONING OFFICERS REPORT: A written report was submitted by Code and Zoning Officer Craig Umbehauer.
Umbehauer was unable to attend the meeting. Member Pelton mentioned that he was concerned about a cob job that was done on
concrete steps that are in front of the abandoned Blue Barn. He felt that it was flimsy and dangerous. Pelton was wondering if the
Code Officer needed to inspect that. Pelton was also wondering about a local ordinance so the town can fine for zombie properties.
Supervisor Kaminski said that Umbehauer said that it takes six months until fines kick in. Kaminski asked Pelton if this concern was
taken to the Justice of the peace. Kaminski felt that he First step is to go in front of the Justice of the peace. Pelton said that the board
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can pass a local ordinance. Member Stiles motioned to accept the Code and Zoning Officers report. The motion was seconded Member
Denniston. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
COUNTY LEGISLATOR’S REPORT: A written report was submitted by County Legislator Sandy Price. Price reported that She had ProAct
cards to hand out to folks who need it. She said that this is a wonderful program that helps the under insured to save a lot of money
on health insurance. It has saved over a million dollars already. Price said there is no cost to the county and actually there is a cost
savings. Price said that she will have a report on the IRT grant by next month. Price wanted to report on Workers Compensation. She
said that part of the, agreed to, plan was to pay the county in full no later than April 3rd. Failure to pay the county by July 31st could
result in being dropped. Supervisor Kaminski said that there was some confusion, because the town used to pay quarterly. This year
the Workers Compensation payment ate up the first sales tax check. Kaminski said they were caught off guard. Price also said that she
would like to request that the speed on Church Street be lowered. Price said there are a lot of people walking the road. She said that
people drive way too fast going both ways. Kaminski said that the town needs to contact the Sheriff’s office and the New Yo rk State
police and ask them to patrol it first. Then a request needs to be made to the Cortland County Highway Superintendent. Kaminski said
they are aware of the concern. Price said to let her know if there is anything that she can do. Kaminski said that one resident and her
daughter submitted a letter of concern to the board. He said that got the ball moving. It’s about a six-month process. Price said that
this request is coming from a few people. Kaminski asked how long the County has been getting Casino Money. Price said that this is
the first year. She said that Cortland County is in a multi -county catchment area. The County received over $300,000 and that every
little bit helps. Member Stiles was concerned about talk of having a 7% tax increase. Price assured the board that this is j ust the very
beginning of the budget process and that in the past the projected budg et tax increase has been in the double digits. She said that
they will be working on the b udget and it will be passed before Election Day. Stiles asked about the reserve account that has been set
up for the jail. Stiles wanted to know if the sheriff is going to tell the Legislator the repair needs of the jail and then the legislator will
budget for them. Price said that the building and Grounds supervisor has come up with a list of needs. She said that this has been done
in the past, however money wasn’t set aside, now money will be put in a reserve account strictly for the jail. Much of this had to do
with what Price heard from the Virgil Town board. She said that it was not received happily. Member Denniston 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: Teri Pelton of the Youth Commission submitted a written report. Supervisor Kaminski said
that the board likes receiving the written reports and they really like receiving the financial reports. Kaminski said that the Youth
Commission has had some delinquent accounts for the “Before and After School Program.” He would like to see the Commission
work on a few rules and they need organizational rules. Pelton said that they have drafted a letter to parents letting them know they
owe money. She said that if they are having financial concerns they can make payments. Kaminski said he would like to come up
with a hardship plan. Stiles agreed he too was greatly appreciative of the financial report that Stacey Kelsey presented to the board.
He said that it lets the board know how much money the commission has. Stiles said that he would like to see some kind of led ger
from the “Before and After School Program”. Teri said they are working on that. Stiles also said that they need to get with Gina to
see where they are financially. Pelton said that Kelsey is working on that as well. Pelton said that the financial report will be attached
to each Town Board meetings report. Stiles said he would like to know if the current fees are too high or too low. He feels they are
moving in the right direction. Kaminski said that he received a check for $37,000 and that $22,000 will be going into the checking
account for the Youth Commission. Pelton said that Jennifer Stiles cleaned up around the shed. They would like to paint the shed as
well. She said there is paint in the shed they could use, however they are not sure if it is still good. Member Stiles said to buy new
paint, as you never know if it’s good or not and he would hate to see them put all that work in and the paint is bad. Member
Denniston motioned to accept the Virgil Youth Commissions report. The motion was seconded Member G. Pelton Vote: Ayes-
Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
HOPE LAKE OPERATIONS REPORT: Wes Kryger reported that the DEC wanted to put a boat on the lake. Kryger said that the DEC said
that they received a permit from the town. Kryger said that they compromised. Government officials from Cortland County were
looking to have a picnic at Hope Lake Park. They felt they were entitled to use the pavilion for free because it is a Town owned park.
Kryger told them that they could not use it for free, as they park is contracted out to Greek Peak. Members Stiles agreed that Greek
Peak contracts out the operation of the park. Member Denniston motioned to accept the Hope Lake Operations Report. The motion
was seconded Member Stiles. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
HOPE LAKE PARK COMMITTEE REPORT: Committee Chair Gary Pelton said that there was not a written report this month. Pelton
said that the season is coming to the end. He said that the park received the picnic tables, they were delivered last Saturday. The Bid
specs to paint the bath house and pavilion are being worked on. Member Stiles said he is i n the process of working on them. Pelton
said that next year the committee is planning on looking at more items needs such as replacing the buoys. Pelton voiced concern
about the underutilization of the park. He was there on one of the hottest days of the year and there were only ten people there.
He was wondering if there was a way to make the community more aware of the park. Member Stiles said that there was an
announcement put on the bill board. Pelton said he may call one more meeting to talk about end of the season items. Pelton would
like the committee to come up with some event ideas that might draw people to the park. Kryger said that some events have a good
turn out and then others have one person. Pelton said he would like to discuss the potential of bringing back the July 4th fireworks
event. Stiles said that this is the time to work on ideas. Stiles said that an event like the 4th of July fireworks is a lot of work. Stiles
felt there is a way to do it, he said he’s happy to help with the planning. The event drew a good crowd.
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HIGHWAY SUPERINTENDENTS REPORT: Highway Superintendent John Morse was not present. He did submit a written report.
Demont Lang reported that Church Street was paved. He said they are now getting ready to oil and stone it. He said that it needs to
be sealed. However, Lang wasn’t completely sure of the plan. Member Stiles asked if they are going to oil and stone the whole road.
Supervisor Kaminski said that the town received a complaint that a tree was damaged on Holler road when road work was done.
Kaminski said that it’s in front of the Holler Farm. He went and looked at it and he said that it’s in the right of way which is 27 feet
from the center line so the town isn’t responsible. Member Stiles motioned to accept the Highway Supervisor report. The motion
was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None.
OLD BUSINESS
UPDATE ON TOWN HALL ADDITION: Supervisor Kaminski said that everything looks very good and that they are almost finished.
UPDATE ON CREEK RECLAMATION: Supervisor Kaminski said that everything is going smoothly. He said that the footers are poured
and that the project should be completed before the next board meeting.
NEW BUSINESS
RESOLUTION #16- 069 APPROVE BIDS ON DATA CABLING: There were two bids submitted for data cabling for the new addition to
the town Hall. Member Stiles opened the bids the first bid was from Richardson Brothers Inc. in the amount of $3500.00 per scope
of the bid. The second bid was submitted by Rahmon Daily Technology Consulting and Solutions in the amount of $6,550.00 Stile
said that Technology Consulting and Solutions is the same company that wants to install cameras. Based on the bids submitted
Member Stiles moved to approve the bid from Richardson Brothers in the amount of $3500.00 to install data cabling as per the bid
specs. The motion was seconded by Member Pelton. Vote: Ayes -Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-
None.
RESOLUTION #16- 070 APPROVE BIDS ON PAINTING OF THE COMPACTOR: There was only one bid submitted from Carpenter
Industries, in the amount of $12,972.00. Supervisor Kaminski asked the Highway crew if they knew if they performed competent
work. Demont Lang and Ricky Horner both said that they painted the two trucks and both trucks are holding up well. Kaminski said
that there is $88,313.00 in the Transfer Station reserve account. Member Snow asked where they plan on putting the compactor
once it is painted. Member Stiles said that he met with Highway Superintendent Morse last week and they are working on a plan.
Kaminski asked if they need to build a canopy over the compactor. Lang said that they plan on building a shoot for now and maybe
adding a canopy next year. Member Stiles made a motion to accept the bid from Carpenter Industries in the amount of $12,972.00.
The motion was seconded by Member Denniston. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None.
GET A PRICE ON NEW PHONES FOR ADDITION: Member Stiles said he had a call into All Mode Communications. The Virgil Town
Clerk said they have not called back. Stiles asked Town Clerk Van Donsel to call All Mode Communications to come out and look at
the job. Stiles said that they need to come out and give the board a price.
GET PRICES ON MISC. FURNITURE: Supervisor Kaminski said that that various tables, chairs and desks will need to be purchased for
the new addition. He said that some can be moved. Kaminski said that he bookkeeper needs a cupboard. He said that a list needs to
be worked on.
SET DATES FOR BUDGET WORKSHOPS: The budget workshop dates that he bookkeeper submitted are Sep tember 13th, 20th, 27th
October 4th, 18th and the 25th. They will start at 6:00 PM. Supervisor Kaminski said that this needs to be posted at the town hall as
well as in the Newspaper and the Fire Hall. Kaminski said that times need to be set up to have department heads come and go over
their budget lines. He said that perhaps the Water and Sewer Department can come on September 13th, the Highway
Superintendent on the September 20th, the Court Justice on Sept. 27th. Kaminski wanted folks to be aware that the tax cap is closer
to zero than 2% as it is 0.6%.
RESOLUTION #16-071 2017 SALES TAX RESOLUTION:
WHEREAS, New York Tax Law Section 1262 allows municipalities to apply a portion of their Sales Tax against the Property Taxes
levied upon real property in that municipality, AND
WHEREAS, the Town of Virgil requests that the Cortland County Legislature apply $65,000.00 [Sixty-five thousand dollars] of Sales
Tax to be utilized in the reduction of the County Tax levied against Real Property, with the amount requested in this resolu tion
divided by 4 and that $16,250.00 [Sixteen Thousand two hundred fifty dollars] amount be deducted from the County quarterly sales
tax distribution as per agreements with the County related to Sales Tax Distribution, with any remaining funds available in S ales Tax
payments paid to the Town of Virgil, AND
BE IT FURTHER RESOLVED, that pursuant to New York Tax Law Section 1262, this resolution shall be effective commencing with
calendar year 2017 AND BE IT FURTHER
RESOLVED, that the Virgil Town Clerk shall forward a Certified Copy of this Resolution to the Cortland County Treasure and the
Cortland County Real Property Office by Registered or Certified Mail before September 1st, 2016.”
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A motion was made by Member Stiles at approve the 1017 Sales Tax Resolution as presented by the Town of Virgil’s Bookkeeper
Gina Nourse. The Motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-
None.
REPORT ON TOWN BOARD AUDIT OF SUPERVISOR’S BOOKS: Supervisor Kaminski said that an audit was performed by the board by
two board member. The audit was done by Member Stiles and Member Pelton. They said that everything looked in order.
RESOLUTION #16-072 APPROVING SETTLEMENT OF GREEK PEAK TAX ASSESSMENT CASE_CORTLAND COUNTY SUPREME COURT
INDEX NO. 15-468:
WHERE AS four Greek Peak entities commence a legal proceeding against the Town of Virgil in 2015 to reduce the tax assessment on
140 parcels of real property, and
WHERE AS the Town of Virgil entered into a cooperative agreement with the County of Cortland and the Cortland Enlarged City
School District to share defense costs in the litigation, and
WHERE AS Richard James, Esq. and the Mackenzie Hughes Law Firm have been retained to defend in the litigation, and
WHERE AS Richard James has prepared a settlement agreement which all parties agree is a fair and reasonable resolution of the
litigation,
NOW IT IS HEREBY RESOLVED:
1. That the Town of Virgil approves the Stipulation of the settlement as prepared by Attorney Richard James, and
2. Richard James is authorized to sign the Stipulation of Settlement on behalf of the Town of Virgil,
Member Stiles motioned to accept the Resolution #16 -071 Approving the Greek Peak settlement and approving Attorney James to
sign the Stipulation of Settlement. The motion was seconded by Member Denniston. Vote: Ayes-Members Snow, Denniston, Stiles
and Kaminski. Nays- None.
RESOLUTION #16-073 NEW YORK STANDARD WORKDAY AND REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICALS:
Member Stiles made a motion to accept the Standard Work Day and Reporting Resolution for Elected and Appointed Officials form
RS 2417-A reporting for Town Clerk Alane Van Donsel, Town Justice R.Scott Elston, Highway Superinten dent John Morse,
Bookkeeper Gina Nourse, Justice Clerk Deborah Gallagher, Code Enforcement Craig Umbehauer, Town Councilperson Gary Pelton,
Town Council Person Jereme Stiles and Dog Control Officer Lindsay Anderson as presented. The motion was seconded by Member
Pelton. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None.
RESOLUTION #16-074 AUTHORIZE REQUEST TO REDUCE THE SPEED LIMIT ON CHURCH STREET IN THE TOWN OF VIRGIL: A letter
was submitted by Town resident Susan and Bree Byrnes they would like to petition the Town to pursue lowering the speed limit on
Church Street. A copy of the letter is on file in the Town Clerk’s office. Supervisor Kaminski said that there have been several
requests to lower the speed limit on Church Street. Member Stiles said he would like to make a motion to proceed with the lowering
of the speed limit on Church Street. Member Pelton asked what the speed limit is now. It was stated that it is not posted, wh ich
means it is 55 mph. Pelton wondered if lowing it to 35 mph was too excessive. Supervisor Kaminski said that what they would do a
study to determine the proper speed limit for the road. Member Stiles made a motion to authorize the request to lower the speed
limit and to proceed with the process of lowering the speed limit on Church Street in Virgil, NY. The motion was seconded by
Member Denniston. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
RESOLUTION #16-075 APPROVE THE CAPITAL PROJECT PAYMNET FOR THE CREEK RECLAMATION PROJECT PAYMENT No.1 TO
SETEVENS EXCAVATING, LLC: A payment Application was submitted by Stevens Excavating LLC with attachments AIA Application -
Certificate for Payment, Summary Reference sheet and Certified payroll. The payment application No. 1 was certi fied by Cedarwood
Engineering that all the work on this application has been completed up to this point. Supervisor Kaminski said that he will meet
with Bookkeeper Nouse on Tuesday to go over the payment and then apply for reimbursement from the State for the grant. The
town needs to keep track of all matching funding and in-kind services from the Town as well as Greek Peak. Wes Kryger said that
Greek Peak is keeping track. Supervisor Kaminski wanted to make it known that as part of this project bushes are being planted in
between the road and the sewage treatment plant to hide unsightly views. There have been concerns from the public in the past
regarding this concern. Member Stiles made a motion to pay Stevens Excavating, LLC as per Cedarwood’s verification in the amount
of $124,972.00. Payment will be made as per the Bookkeeper Nourse’s recommendation as to which account the money will come
from. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
With no further business to discuss, Member Denniston moved to adjourn the meeting at 8:27 P.M. Member Snow seconded the
Motion. Vote: Ayes-Members Snow, Denniston, Stiles and Kaminski. Nays: None.
Respectfully Submitted by,
Alane Van Donsel, Virgil Town Clerk
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