HomeMy WebLinkAbout08-10-2023 Approved Town Board Meeting MinutesVirgil Town Board Meeting August 10, 2023
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TOWN OF VIRGIL
PUBLIC HEARING AND
REGULAR TOWN BOARD MEETING
August 10, 2023
PRESENT: Supervisor John Kaminski, Board Members Jereme Stiles, Matt Denniston, Gary Pelton, Eric Snow, Town Clerk/Collector
Alane Van Donsel, Attorney for the Town Attorney Dan Ellis II, Demont Lang Virgil Deputy Highway Superintendent, Ken Scherrieble
Camden Group, Sandy Price County Legislator and ARP Committee, Wes Kryger Greek Peak, Mack & Sylvia Cook, Sue Connelly, Tim
Murphy, Jeffrey Hall, Carole Rehkugler, Clayton Moore ARP Committee, Susan Moore, Nicholas Kaminksi ARP Comminttee, Chelsea
Kaminski, Paul Slowey, Matt Slowey, Matt Sherman
6:30 PM PUBLIC HEARING TO CONSIDER COMMENTS ON THE RECOMMENDATIONS MADE BY THE AMERICAN RESCUE FUND’S
COMMITTEE: Virgil Town Clerk Alane Van Donsel Read the Legal Notice: PLEASE TAKE NOTICE that the Town Board of the Town of
Virgil will hold a public hearing to consider comments on the recommendations made by the American Rescue Fund’s Committee
regarding the use of the Federal Funds that the Town of Virgil received. The committee will provide a presentation at the Town Board
meeting to be held at the Virgil Town Hall, at 1176 Church St., Virgil, New York, on August 10th, 2023, at 6:30 pm. All interested
persons will be heard, and written comments may be submitted prior to or at the hearing. Copies of a written report will be available
from the Virgil Town Clerk’s office, or it can be viewed on the Town of Virgil's website www.virgilny.org. Chair of the ARF Committee,
Sandy Price, stated that the committee was commissioned by the town board. Members were Alane Van Donsel, Mack Cook, Sylvia
cook, Nick Kaminski, Dale Taylor, Clayton Moore, and Gary Wood. The Town Clerk was initially the chair, but due to time constraints
stepped down, Sandy Price volunteered to be the chair. The committee didn’t include costs in the recommendations because they
figured that the items would have to go out for bid. The Committee took out the priorities, because including the consenting properties
created a non-consensus report. Sandy Price Read the report: The ARP Special Committee was tasked by the Town Board to
prepare recommendations as to how the approximately $240,000 ARPA Fund would best be expended. The Committee
reminds the Board that the ARPA Funds must be allocated by December 31, 2024, and expended by December 31, 2026.
The Committee recognizes the many vital services the Town provides to residents. The recommendations below should
not be interpreted as an evaluation of those services. The Committee focused on recreation services, divided between
preserving existing recreation services currently available to community residents and expanding recreational
opportunities. The Committee recommends that the overreaching objective should be to expend the fund to promote the
health, safety, and welfare of the broadest demographic cross section of the community. The committee’s initial report
provided to the Town board for July 2023 ranked the projects in order of priority. Since that meeting, the committee has
agreed to provide the list without a priority ranking, due to a lack of consensus. After multiple meetings and constructive
dialogue, the Committee recommends the following projects:
• Construct a Town owned playground in a centrally accessible location owned by the Town. The playground would be
designed to promote the health and development of children from toddlers to adolescents.
• Expand the Town walking path situated entirely on Town property.
• Construction of a pavilion with a bathroom facility
• Construction of a pump bike track. The Committee also found the following projects to be meritorious but realized that
the amount of available funding would not be sufficient to implement these:
• Community Center
• Pickleball Court
• Splash Pad.
Sandy Price added that the Committed recommended that the board investigates a multi-year plan.
Nick Kaminski Town Resident and member of the ARP Committee: stated that he sent the town board a flyer regarding the pump
track. He feels that the pump track would be a positive thing for children and teenagers and residents of all ages. He Feels that the
best use of the money would be to use it for recreational purposes. He feels it would make the community healthier.
Calyton Moore Town Resident and member of the ARP Committee: spoke in favor of the pump track. He had three points to make.
1. Small towns all around the state are faced with having their local schools closed, and with the closing of the schools recreational
opportunities also went away. Moore feels that the children are the ones losing. He said that the apartments will generate revenue
for the Town and he feels that new revenue should be used for the children. Moore stated that Nick Kaminksi represents the young
families of the Town of Virgil. He was impressed at the show of leadership and participation in the governance of the community that
Nick has shown. Moore feels that a Pump Track would encourage young families to stay in Virgil. He feels that Nick is trying to create
some excitement for the young children of Virgil and that a Pump track reaches a broader age range than simply a playground. Moore
had never heard of a pump track before Nick introduced him to the concept. Moore feels that it will get the kids interested and excited.
Moore believes that Nick’s willingness deserves his idea is seriously considered. Many kids already own bikes, and there are few streets
in Virgil where kids can ride their bikes. A pump track will give the, a place for excitement. The apartments are for adults. Moore stated
that his neighbor moved from a town with a similar situation as Virgil and the moved the town made a deal with the new owners of
the school that the town would assume the liability as long as available to the public. Member Stiles stated that the Town can’t assume
liability if we don’t own it.
Jim Murphy Town Resident- stated that he has been a resident of Virgil for the last 50 years. Murphy said that they used to have the
playground full of kids and that it’s a sad fact that the school is closed. He said we can’t go back and cry about it, but we can try and
help the new kids that are coming through. He said that he appreciates Greek Peak and the focus on recreational programs that they
have for Virgil kids, like the ski program. He feels that the board should consider the possibility of something that would be focused
on kids. One of the ideas is the possibility of a pavilion, but the Virgil Fire Department has a perfectly good pavilion that isn’t used, and
they have bathrooms available. Murphy also said that there is a pavilion at Hope Lake that can be rented. He had a family reunion
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there and it was lovely. He said it was expensive, but it was nice. When he was the Town Supervisor and this Town board is mindful of
Money spending money, knowing it is someone’s tax dollars. An example is when the town saved $10,000 a year and the little house
next to the firehouse was used as the Town Hall until they had $150,000 saved to build the new town hall.
Matt Slowey Town Resident from Clute Road: Slowey stated that he was in favor of the Pump track. He felt that it logistically fit in
with the town is modeled after. He felt it would serve a lot of people. There are a lot of ties with the cycling community, as the
Hollenbeck Classic bike race just ran for the 30th year. He stated that the Pump Track would give the community another opportunity
to recreate. He stated that it would be a lower cost of entry for families as bikes are durable and not too expensive to buy and own.
Wes Kryger Town Resident and Manager of Greek Peak- Kryger felt that some of that money should be used to maintain what the
town already has.
Matt Sherman Town Resident- Sherman stated that a playground would be good for the age of his children now. He stated that the
town already has a playground, but he understands that the town doesn’t know what will happen to it. He said that when he does
take his children to a playground, they usually go to the Cortland playgrounds while they are out running errands. He never heard of
a pump track until Nick Kaminski brought it up.
Dale Taylor Virgil Town Resident and Member of the ARP Committee- Taylor stated that he was on the ARP committee as well as on
the Virgil Town Board for 20 years. He said they we do have this money to spend, and it is taxpayer’s money. The committee did not
come to a consensus on how to use the funds. He said that Nick has been very adamant on the Pump Track, and that he was persistent.
Taylor said that the town has been riding on the coat tails of the Cortland School District for the last 50 years when it comes to
recreation for children. The Town hasn’t spent a dime out of the town tax dollars on recreation. Taylor is not sure if the new owners
of the school will allow the town to use it and residents may not have a playground available in the town and one may need to be
built. He said that kids may use a pump track. He said that the town owns Hope Lake Park, and he is not set on the idea that we need
to build it in the center of town, perhaps something should be built at Hope Lake Park. He said that the Town has maintenance at
Hope Lake Park with Greek Peak managing it. The town wouldn’t have to maintain it. He recommended having something built at
Hope Lake Park. Taylor spoke to the Town’s insurance rep, and he stated that there would be a tiny increase in the town’s premium
for property damage. He reiterated again that the committee didn’t come to a consensus, but they did feel the board should prioritize
recreation. He would hate to see the town give up space in the center of town and not have anyone to use. He stated that the walking
trail does need help. He said that perhaps the town can cut a trail to the cemetery path and people can walk there. He also stated that
the town Already has liability insurance and name the new owner of the school as an additional insured.
Jeff Hall Virgil Town Resident- stated that many of the comments made are predicated on distrust and that is not appropriate. He
doesn’t feel is right to say that the new owners of the school won’t do what they say they will do. He says that it is wrong to talk about
spending money on the walking trail. A lot of the conversation with the committee was that money is a onetime opportunity. He
knows how the town can save money. Other Cortland County towns contract with a trash service to remove their trash. He is
concerned with the Virgil Transfer Station and that people dumping might not be residents. He believes that the town can save
$240,000 a year by closing the transfer station. Plus having to spend $170, 000 on a new compactor every ten years is not wise. Jeff
Hall also commented on Mr. Murphy’s statement about the Fire District pavilion, that it is run down.
Supervisor Kaminski asked three times if there were any further comments, as there were none Supervise Kaminski asked for a motion
to adjourn. Member Stiles motioned to adjourn the public hearing at 6:54 PM. Member Snow seconded the motion. Vote: Ayes-
Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
PUBLIC HEARING CLOSED:
6:54 PM THE REGULAR MEETING WAS CALLED TO ORDER: Supervisor Kaminski called the meeting to order and the pledge to the
flag was recited.
RESOLUTION #23-102 APPROVAL OF MINUTES
APPROVAL OF THE TOWN BOARD REGULAR MEETING MINUTES DATED JULY 13, 2023: Member Stiles moved to approve the Town
Board regular meeting minutes dated July 13, 2023. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays-None
RESOLUTION #23-103 AUTHORIZATION TO PAY BILLS
GENERAL FUND VOUCHERS INCLUDING PREPAYS DATED 08-10-2023 NUMBER 008: Member Denniston moved to approve the
prepayment of the General Fund’s audited vouchers numbered 205-237 Plus Voucher #1098 for the General fund portion of
Greater Tompkins County Municipal Health Insurance the in the amount of $ $22,690.97. Member Snow seconded the motion. Vote:
Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
HIGHWAY FUND VOUCHERS DATED 08-10-2023 NUMBER 008: Member Denniston moved to approve payment of the Highway Fund
audited vouchers numbered 1092-1100 in the amount of $ 25,668.87. Member Snow seconded the motion. Vote: Ayes-Members
Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
SEWER DISTRICT #1 FUND INCLUDING PREPAYS DATED 08-10-2023 NUMBER 008: Member Denniston moved to approve payment
of the Sewer District #1 audited vouchers numbered 2053-2060 in the amount of $8,566.06. Member Snow seconded the motion.
Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
WATER DISTRICT #1 FUND INCLUDING PREPAYS DATED 08-10-2023 NUMBER 008: Member Denniston moved to approve payment
of the Water District #1 audited vouchers 3025-3028 in the amount of $9,560.78. Member Snow seconded the motion. Vote: Ayes-
Members Pelton, Snow, Denniston and Kaminski. Nays-None
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CAPITAL FUND DATED 08-10-2023 NUMBER 008- Member Denniston moved to approve payment of the Capital Fund audited voucher
4002 in the amount of $8,250.00. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston and Kaminski.
Nays-None
MONTHLY REPORTS
SUPERVISOR’S MONTHLY REPORT: Member Stiles moved to accept the Town Supervisor’s monthly report as presented for June 2023.
Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
TOWN CLERK’S MONTHLY REPORT FOR JULY 2023: Member Stiles moved to accept the Town Clerk’s monthly report as presented for
July 2023. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
TAX COLLECTOR’S SEASON END SUMMARY REPORT 2023: Member Stiles moved to accept the Tax Collector’s Summary Report for
2023. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
SEWER DISTRICT’S OPERATIONS REPORT: Member Stiles motioned to accept the Sewer District’s Operations Report. Member Snow
seconded the motion. Member Pelton mentioned that there has been a lot going on for the sewer district. Scherrible stated that they
thought they had an awarded bid for the backup for the pump, but it is going to take 30 weeks to get the pump and they can’t wait
that long. They are working on getting more quotes. Hill will be going back to the same bidders for a more reasonable lead time. It
was stated that Cedarwood Engineering did not get the grant for the planning part for the sewer district. They will reapply next year.
Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
WATER DISTIRCT’S OPERATION REPORT: Member Stiles motioned to accept the water district operations report. Member Snow
seconded the motion. Cedarwood is supposed to send a bid sheet, but They haven’t seen anything yet. The plan is at the DOH for their
approval and as soon as it comes back. They are hoping it will come back in three weeks. They are hoping to get the bids in the paper
by September or October and to get the work done before the winter. Town Clerk Van Donsel stated that Cedarwood is looking for
the town Unique Identification number. Our account Colin is working on this. They used to use the DUNS number, but now they want
the UIN. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
ANIMAL CONTROL OFFICER’S REPORTS FOR JULY 2023: Member Stiles moved to accept the Animal Control Officer’s Reports for JULY
2023 as presented. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-
None
CODE ENFORCEMENT OFFICERS REPORTS: Member Stiles motioned to accept the code officers report as presented. Member Snow
seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
COUNTY TREASURER’S REPORT: Member Stiles motioned to accept the County Treasurer’s report as presented. Member Snow
seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
COUNTY LEGISLATOR’S REPORT: Member Stiles motioned to accept the County Legislator’s report as presented. Member Snow
seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
HOPE LAKE PARK ORAL REPORT: Wes Kryger reported that the swimming area is closed because of the clarity of the lake due to all
the rain. Supervisor Kaminski stated that Hope Lake Park needs a few items that need to be fixed. One item is the roof and some of
the siding at the bath house needs to be replaced. He is working on getting a price for painting the bridge and the entrance sign is
rotted and will need to be replaced.
HIGHWAY SUPERINTENDENT’S ORAL REPORT: There was no report submitted and the Highway Superintendent wasn’t there. Deputy
Highway Superintendent Demont Lang was present, but he didn’t have a report.
AMERICAN RESCUE FUNDS COMMITTEE REPORT: Supervisor Kaminski state that there were some good comments made earlier. He
stated that the town received $242,000 and has spent approximately $12,000 of that money. They may use some of that money to
replace the roof on the bathhouse at Hope Lake Park which would leave around $200,000 in available funds. He would like to see the
Town Board have directions by November. Member Stiles stated that he would like to have an approximate cost on some of these
items that the committee presented. He said a lot of good points have been made and he would like to see how many of these items
could be built. The Committee Chair stated that they didn’t provide costs because they weren’t consistent, and they would have to go
out to bid. But any one of the items mentioned would probably take most of the funds. The committee did get costs for a pavilion, a
walking path, playground, and the asphalt for the walking trail. Stiles stated that he would like to see the town board set aside money
at budget time for some of these projects. Plus, these items are going to need maintenance. Kaminski spoke specifically about the
pump track. He was wondering about the management of the facility, the design and size, and the level of difficulty for riders’ ability.
He was also wondering about the location. Stiles stated that these are all good points and he also mentioned that the town has good
points. We have a pavilion at Hope Lake Park. Town Clerk Van Donsel stated that the pavilion at Hope Lake Park isn’t free, and it might
be too costly for some folks. Stiles would like to see a maintenance budget line for Hope Lake Park. He is concerned that the Community
Development funds dwindle every year. They try to do a little every year. He also states that maybe the town could look at the fee of
the pavilion. It costs $300 to rent plus a $75 cleaning fee deposit. Greek Peak pays for Hotel Guests to use the Lake and residents are
free. Supervisor Kaminski was concerned about comments made about the pavilion at the Fire Station. He said that nothing was wrong
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with it. They can open the building at any time and it’s an excellent facility for the community. There was discussion back and forth
regarding Hope Lake, Wes Kryger stated that Greek Peal loses $30,000 a year managing the park. Slyvia Cook ask Kryger if he thought
a playground would be a good addition to their operation. Kryger stated that they don’t want to compete with the town, but Greek
Peak might build a playground. He also stated that playgrounds are not easy to maintain. Jim Murphy stated that he, Sandy Price and
Lynn New helped facilitate the walking path and playground at the school. Most of the items were donated. All the backstops at the
school were built by Dick Jenney. It was stated that the school still owns the building. The plan was approved by the town and the
school District, but it hasn’t been sold yet. Sandy Price stated that guests must pay at the door to use the walking path at Hope Lake
Park. It was stated that Town residents can go to Hope Lake Park by using their transfer station ID’s. Supervisor Kaminski would like
the town board to look at these options and Member Stiles stated that he would like to have a direction by next month.
OLD BUSINESS
DISCUSSION ON THE ROOF REPAIR/REPLACEMENT AT THE HOPE LAKE BATHHOUSE: Supervisor Kaminski stated that he would like
to find a contractor bid this and the bad siding and the pavilion.
DISCUSSION ON THE REPAIR TO THE DRIVEWAY OF HOPE LAKE PARK: This item is being taken care of by the Virgil Highway
Department in September.
DISCUSSION ON THE BID OF THE RESURFACING OF HOPE LAKE WALKING TRAIL: They got a price for this item, but the cost was
astronomical.
DISCUSSION ON THE BID REPAIR TO THE ENTRANCE SIGN AT HOPE LAKE PARK: This item needs to be replaced.
DISCUSSION ON THE REPAIRS TO THE SIDING AND SOFFITS ON THE WESTEND OF THE VIRGIL TOWN HALL: They are getting a bid on
this work. There was discussion on the bridge on the lower end of Hope Lake, it needs scraping and painting. Matthew Denniston
stated that Hope Lake Park has become more centrally used than the four corners of Virgil. He feels that the town could get a lot of
maintenance costs taken care of with the AFP funds. He would like to the board to talk to Greek Peak to look at the bigger picture.
Jereme Stiles said that the town isn’t putting away enough money to tackle these projects. Denniston didn’t feel the current
arrangement is advantageous to anyone. He’d like to take a step back and look at the big picture. It was stated that there are a lot of
grants for parks and recreation and the town needs to look for grant money. The lake also needs to be dredged. It was stated that
dredging the lake might cost between $250,000-$300,000. Gary Pelton would like to see the town get grants for the walking trail and
the dredging. The county is considering hiring someone to work specifically on grants. It’s an overall investment that brings in tax
dollars.
NEW BUSINESS
RESOLUTION #23-104 APPROVAL FOR THE CORE & MAIN BID FOR PUMP REPAIR & SOFTWARE SUPPORT: The Town board received
two proposals from Core and Main one was for software support in the amount of $2437.43 and the other is for the repair of a pump
in the amount of $1227.36. Member Stiles made a motion to approve the two quotes from Core and Main for a total amount of
$3664.79. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
RESOLUTION #23-105 APPROVAL TO FIX THE GATE AT THE SEWAGE TREATMENT PLANT: Member Stiles stated that the
gate at the sewage treatment plant needs to be fixed. Member Stiles made a moto to hire Whitmore Fencing to make an emergency
repair up to $1800. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-
None
RESOLUTION #23-106 PROPOSAL TO MAKE AN EMERGENCY REPAIR THE AIR-O-LATOR FROM POWER-FLO TECHNOLOGIES: Member
Stiles made a motion to make an emergency repair to the air-o-lator at the sewage treatment plant in the amount of $4180.00 from
Power-Flo Technologies. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski.
Nays-None
REVISED BID FOR SULZER ABS SUBMERSIBLE MOTOR: The Virgil Town Board decided to hold off on this item.
SET DATE FOR THE TOWN’S 2024 BUDGET WORKSHOPS: Supervisor Kaminski suggested that the Town of Virgil budget workshops be
held on September 26th, October 3rd, 10th, 17th, 24th and the 31st if needed.
RESOLUTION #23-107 SET A PUBLIC HEARING TO POSSIBLY EXCEED THE 2024 BUDGET TAX CAP: Member Stiles made a motion to
set a public hearing for the next town board meeting on September 14th, 2023, at 6:30PM for a proposed local law authorizing a
property tax levy for the 2024 tax season more than the limit established in General Municipal Law Section 3-c. The State tax cap law,
commonly referred to as a 2% cap. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and
Kaminski. Nays-None
RESOLUTION #23-108 APPROVAL TO ADOPT THE RETENTION AND DISPOSITION SCHEDULE FOR NEW YORK LOCAL GOVERNMENT
RECORDS (LGS-1): RESOLVED, By the Town Board of Town of Virgil that Reten�on and Disposition Schedule for New York Local
Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum
retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed
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therein. FURTHER RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in
Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention
periods described therein; (b)only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical
value to merit retention beyond established legal minimum periods. Member Jereme Stiles motioned to approve Reten�on and
Disposition Schedule for New York Local Government Records (LGS-1). Member Eric Snow seconded the motion. Vote: Ayes-Members
Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
DISCUSSION ON BANNING BATTERY BANKS FOR SOLAR FARMS: Supervisor Kaminski would like for the board to look at the Towns
Solar law and look at what it says about banks of batteries on the solar farms. He stated that there were banks of batteries that burned
up North and firefighters couldn’t put the fire out. He would like to propose that the town bans banks of batteries on Solar farms. This
would have to be done through a proposed local law. Dale Taylor, a member of the Virgil Planning Board, asked if the state allows a
local law to stand. He feels it might fall under an article ten citing. Kaminski stated that if a solar farm goes over 600 acres, then the
State can supersede the town’s laws. It was stated that a solar farm that produces over 25 megawatts supersedes the town’s laws.
DRAFT OF A PROPOSED LOCAL LAW BANNING SOLAR BATTERY BANKS IN THE TOWN OF VIRGIL: Member Stiles made a motion to
approve that the Town Attorney works on a proposed local law that would ban solar battery banks on solar farms in the Town of Virgil.
The new local law would be added to the town’s solar law. A draft of the local law would be made available at the next town board
meeting to be held on Sept. 14th, 2023. Member Eric Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles
and Kaminski. Nays-None
DISCUSSION ON NYS COURT BILL #139-B: Town Justice Mack Cook stated that the senate bill has been adopted and it requires that
the largest 100 town and village courts must have a practicing attorney as the judge. The only court affected in Cortland County is
Cortlandville, they have put this resolution before all the town and village boards. This does not affect Virgil. The resolution originated
from Cortland County. This is progressive action, and he feels the board should take the position of the conjugate and adopt the
resolution that rejects these bills.
RESOLUTION #12-109 RESOLUTION IN OPPOSITION TO NEW YORK STATE SENATE BILL S-00139B and ASSEMBLY BILL A- 1358B:
WHEREAS, New York Senate Bill number S-00139B has been passed which, if adopted by the NYS Assembly (A 1358-B) and signed by
the Governor, would require that all Judges presiding in the 100 largest Town and Village Courts to be licensed to practice law in the
State and to have been admitted to the NYS Bar for at least five years; and WHEREAS, The Town and Village Courts in Cortland County
are part of the nearly 1,200 Justice Courts in the State of New York that collectively handle close to 1 million cases each year; and
WHEREAS, The Town and Village Courts are known as the "Courts Closest to the People" and have broad jurisdiction, presiding over
civil and criminal matters, thereby performing a vital role in the New York State Unified Court System; and WHEREAS, The Virgil Town
Court of is a vital service to our residents and the Cortland County community as a whole; and WHEREAS, The Justices in Cortland
County's Town and Village Courts have pledged to be ever mindful of their neutrality and impartiality, and render equal justice to all,
while continually adhering to the Judicial Rules of Ethics and pronouncements of the New York State Commission on Judicial Conduct;
and WHEREAS, The Justices are required to be on-call 24 hours a day, 365 days a year to sign arrest and search warrants, perform
arraignments, and issue orders of protection; and WHEREAS, The Justices of Town and Village Courts ensure that the rights afforded
to defendants by the Constitutions of the United States and the State of New York are provided and protected; and WHEREAS, The
Justices of Town and Village Courts preside over trials involving misdemeanor and violation level offenses, thereby ensuring that the
victims of those offenses can be heard; and WHEREAS, The Town and Village Courts provide a venue for Citizens to pursue a low-cost
and efficient procedure for individuals to resolve civil disputes and landlord/tenant matters; and WHEREAS, The Justices preside
nightly and weekend and holiday mornings at the Cortland Coun1y Arraignment Part ('CAP') conducted in the County Jail, (CAP) that
ensures that arrested citizens are promptly afforded legal representation, the opportunity to plead to alleged charges, and be
processed for release, bail, or incarceration; and WHEREAS, The Justices continually strive to improve the administration of justice
through participation in mandatory education programs, seminars, meetings of the Cortland County Magistrate Associations and the
New York State Magistrate Association; and WHEREAS, The NYS Office of Court Administration must certify all as having successfully
completed mandatory training both following election and in each subsequent year; and WHEREAS, The New York State's Commission
on Judicial Conduct's most recent annual report(2023) identifies that only 13% of the complaints filed against the judiciary were against
town and village judges while the remaining complaints were against either "State-paid" judges, (constituting approximately 40% of
the judiciary)who accounted for approximately 67% of the complaints received, or against non-judicial entities (20%); and WHEREAS,
This Bill attempts to usurp the right of voters to elect those in their communities that they believe to be fair and impartial, and who
would best serve that community, whether they be attorney or non-attorney; and WHEREAS, This Bill implicitly suggests that members
of a community are incapable of making informed decisions about who should sit in judgment of matters from the straight-forward to
the highly complex as may arise in their local courts; and WHEREAS, this legislative body views the intention of this Bill is not to actually
improve the courts, but a blatant and unconscionable attempt by the New York State Bar Association, an organization that represents
only fifteen percent (15%) of the State's attorneys, to generate increased opportunities for its members, and to dictate who voters
choose to serve in our local governments; and THEREFORE, BE IT RESOLVED, That the Governing board of the Town of Virgil strongly,
and in unequivocal terms, calls on both the leadership in the Assembly and the Governor to reject this poorly conceived and hastily
fashioned seizure of voters' rights to determine, for themselves, who they would choose to sit as their judges as has been the case for
almost two hundred years. Member Eric Snow made a motion to approve the opposition to New York State’s senate bill s-00139b and
assembly bill a- 1358b. Member Gary Pelton seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski.
Nays-None Motion Carried. Adopted by unanimous consent this 10th day of August 2023.
Virgil Town Board Meeting August 10, 2023
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RESOLUTION #23-110 SET A PUBLIC HEARING FOR PROPOSED LOCAL LAW #7 OF 2023 A LOCAL LAW AMENDING THE TOWN OF
VIRGIL ZONING LAW TO MAKE THE AVERAGE MINIMUM LOT WIDTH OF NEW LOTS IN THE NR AND ARC ZONING DISTRICTS
CONSISTENT WITH THE MINIMUM LOT FRONTAGE REQUIREMENTS FOR SAID DISTRICTS: Member Stiles made a motion to set a
public hearing on proposed Local Law #7 of 2023 to amend Local Law #1 of 2007 amending the minimum lot width size from 350 ft.
to 250 ft. The Public hearing will take place at the next town board meeting on September 14th at 6:30 PM. PH JS, Member Eric Snow
seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
BID FOR NEW MONITOR FOR DEPUTY CLERK: Member Jereme Stiles stated that this item does not need to be approved by the Town
board.
RESOLUTION #23-111 TOWN COURT AUDIT DATE: Member Stiles made a motion to approve that the date of the Town Court Audit
took place on January 10th, 2023. Member Eric Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and
Kaminski. Nays-None
FURTHER DISCUSSION: Jereme Stiles said that people have been asking about benches to buy in memory of their loved ones. Sandy
Price said that they stopped doing that about ten years ago and that Arnie Price used to install them. Stiles said he’d like to carry on
the tradition. They need to find someone who wants to rejuvenate this. It was stated that the current benches are rotting. Price said
they were supposed to have a lifetime guarantee. Matt Sherman said there is a catalog that they looked through when they purchased
a picnic table in memory of his dad. Someone mentioned that the town puts memorials at Hope Lake Park. Maybe the town should
do something up there. Price said that there is a tree that was donated that has died and the owner would like it replaced. The person
will pay for it.
Hartley Road- Supervisor Kaminski stated that the Virgil Town Clerk received a call about Hartly Road. It is a small road that the Town
no longer owns. The state abandoned it. The Highway Superintendent Britt Morse plowed it for a year after the state superseded the
town and abandoned the road. Trish Vinson, who is there representing her mother said they are not upset with the highway. Her
mother is 80 years old and has the only house on the road. They are not sure if she owns the road or not. She was thinking it was her
driveway, as she was told it was abandoned 2 months are her dad passed away. The road is very hard for her to maintain. It needs
gravel and they can’t find people to plow it. When they had a lot of snow, she couldn’t get her out for three days. Her mother is scared,
and it costs 150 to plow each time and that is a lot for a single old lady. Trish said that the subject come up because Point Borad band
was cutting down trees on the road. Which she thought was her driveway. They had no names on the trucks. She is terrified when
people come up on her driveway. They have Pine trees planted in the front yard for years and three of them are dying and must come
down. They are hiring Gutchess to take them down. She told the Point Broadband people that the trees may come down on their lines.
The man threatened her and said they would sue her if they took down the lines on purpose and that she will be in trouble. She didn’t
know why they were putting their lines in her driveway. They told her it was because of money. They called the manager of the
company and they said that it’s still listed as Hartley Road. They are confused. Supervisor Kaminski stated that the state of NY
superseded the Town and abandoned the road. Trish said that it is still labeled Hartley Road. She is wondering if they can put a private
drive sign on the property or a gate. It was stated, yes. Kaminski wondered if Point Broad Band had a franchise agreement with the
town. If not, they are pirating. They must have a right of way to go to her property. Jereme Stiles said he will get in touch with them.
He thought they may be working for a broadband company. Kaminski said that if he had known they would have sent a letter to the
state, the state superseded us. Attorney Ellis looked up the property and he didn’t see a right of way on the tax map. He said he never
saw the letter of abandonment. Trish said they got a call from a nice guy from the Highway dept. Supervisor Kaminski stated that Britt
Morse got the letter from the stated that said the road was no longer a part of the CHIPS money. He will follow up with the state DOT.
CLUTE ROAD- Town resident Dale Taylor said that there are issues with Clute Road. He is concerned about the edge on Clute Road
that leads to the Pipeline Road. He said there was a dead animal in the road, and he almost dropped into a hole with his truck trying
to avoid the animal. He feels the town should prioritize Clute Road. He said the road past Stafford Road is beautiful.
With no further business to discuss, Member Stiles moved to adjourn the meeting at 8:00 PM. Member Snow seconded the Motion
Vote: Ayes-Members Pelton, Snow, Denniston and Kaminski. Nays-None
Respectfully Submitted by,
Alane Van Donsel
Alane Van Donsel
Virgil Town Clerk