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Town of Victory Town Board Meeting February 8, 2016 Council Members Present: Mike Wiggins-Supervisor RobinBartholomew Lester VanDyke Terrance McBride Leonard Hand Others present: Julia Iozzio-Clerk Bruce Applebee- Code Enforcement Debra Davis -Justice Victoria Davis- Deputy Clerk Lezli Parsons-Assessor Harvey Mills-Town Planning Steve Yonkers – Highway Supervisor Public Present: Carol Mills Meeting called to order at 7:00pm with the Pledge of Allegiance by supervisor Lester VanDyke asked to approve the vouchers that were scheduled to be paid. Mike Wiggins also gave the board the opportunity to look over the minutes from the previous meeting. Mike asked for a motion and Robin Bartholomew spoke up. Lester seconded the motion. All Ayes Supervisor’s report by Mike Wiggins as of 1/31/2016 General fund: $314,788.61 (There is a $69,592.00 increase in the checking mostly from the 4th quarter sales tax. The clerks fees was mostly from trash permits) Cash reserve, CD: $192,136.46 Petty cash: $50.00 Special reserve, Capital Project: $192,357.52 Money market Special reserve: $60,000.00 Total for General fund: $759,333.00 Highway funds: $178,193.00 Victory Street Lighting Dist.: Cash- Checking: $2975.84 ---PAGE BREAK--- Cash in time Deposits: $3194.00 Total: $6170.00 Westbury Street Lighting Dist.: Cash-Checking: $2263.00 Cash in time Deposits: $288.55 Total: $2552.00 Total for all funds: $946,248.00 Mike Wiggins stated that he had spoken to a few people after the last meeting, one of them being Cheryl Heary, republican commissioner for the board of elections, who had attended a county supervisors meeting and she was looking for possible people who would be willing to deliver the chip from the election booths after voting. The pay offered would be $75.00. There will also be 3 primaries this year and two will probably be held here at the town office. The office for the aging has some new pamphlets. Mike called them to ask if there was anyone from our area that received any of their meal services. They weren’t able to give names but did say that there was 7-8people on the “North route” who took advantage of the program. The meals are delivered out of Fairhaven and prepared at the American Legion Post then volunteers go around and deliver them. Mileage is available for the volunteers. If anyone is interested in helping or if you should know of anyone who could benefit from the program, which is 3 days a week, get in touch with M. Heary. Julia Iozzio delivered the clerks report: Clerk’s Report: (as of 1/31/2016) 2-Building permits =$70.00 25-Dog licenses =$196.00 173 Garbage Permits =$24,220.00 2-Records copies =$20.00 0-Marriage lics. =$00.00 0-Record copies =$00.00 0-Subdivision =$00.00 Taxes: Full payments=$433,992.06 First Installments =$68,190.05 The comparison from permits sold last year which was; 290, to this year’s; 271. It had been said that when someone stood outside checking for permits last year around this time, it encouraged may more people to purchase permits. When someone had come in this past week they stated that no one was checking for permits. The question was asked as to when the last day was for people to pay their taxes. For first installment payments, the deadline was 2/10. But if you wanted to pay your taxes in full you have until the end of March. Code enforcement: Bruce sold two permits totaling $70.00. Bruce stated that he would like to increase the number of inspections that he does as well as enforcing some of the property maintenance a little more than we have been. It was brought to mind that the accumulation of lawn mowers or any kind of clutter, does affect the surrounding properties. Whether neighbors as trying to sell their homes or just don’t appreciate the eyesore. Bruce brought up a seminar that ---PAGE BREAK--- he had attended, which was offered by an attorney who worked for the state in the department of codes. The attorney had stated that anything that was within a mile from your home does in fact affect the ability of what your house can be sold for. Just about anything can be taken into consideration, such as an out building. He stated that he had spoken about a local ordinance regarding houses, that were for example, were falling in. But nothing since has been done. Property maintenance laws can only goes so far. Fire codes and the seriousness of hazards due to these properties are a reality. The truth is that pursuing some of these avenues can propose quite a financial burden and that isn’t what our goal should be as much as it is to keep the community safe. Bruce then posed the question as to how the board would like him to pursue the issues and if they would object to doing a bit more in his pursuit. Lester then stated this is the very reason why towns have zoning laws. He also stated that if the laws are on the books we should do all we can to enforce them. Bruce then stated that he would work his way from the northwest part of town and work his way to the southeast part. In doing so he would question things such as, “why do you have (5 cars)…. And what are you going to do with them??” Terrance brought up the fact that some of the violator’s issues could raise concerns from the fire department. Bruce then stated that he in fact was the person that would be contacted regarding the hazards. Bruce said that the issue isn’t so much identifying the problem but having some sort of recourse once the issues were found. He then stated that the idea isn’t to fine them often enough to send them to superior court. He said it’s a fine line that you have to walk. The question might be one to pose to the town’s attorneys. Terrance again stated that if there was a burning building and there were a few old cars obstruction the firefighter’s ability to do their job as well as pose a hazard for them something needs to be done. Bruce agreed and questioned whether we wanted to pursue with the property and maintenance code or to put into ordinances which would go beyond some of the codes that already exist, which would apply to buildings that are literally falling in. Bruce was then asked by Mike if he had any suggestions as to what he might like to see added to help this process. Bruce then stated that the case law is something that you have to go through and that this is where the town’s attorney would come into play. It was then brought up that there are some places that have been down for so long that it isn’t hard to find some of the violations. It was then said that the class that Bruce had attended touched on such issues and how to find remedies as well as streamline some of the issues. Terrance questioned about what the surrounding town ordinances may be in order to get some idea of what issues we as a town may be looking at. He also suggested that those findings could be brought to the next meeting. Bruce had commented on the fact that the most that can be done on the town level would be fining residences that didn’t comply with codes. Once enough fines have been made only a superior court has the right to “make” a resident comply to fix, repair or remove said violation. Harvey stated that he was working on the zoning and that he too would look into some of the issues discussed regarding codes. Mike brought up the solar and that David Nelson was the person at the county planning that was to be contacted regarding the grants. Mr. Nelson said that he would be willing to come out to the planning board meeting to talk about possible project. Mr. Nelson also stated that as far as the grant was concerned that we were doing the adoption of the solar checklist because that one wasn’t as hard to do. The solar panels on the roof of a house are considered an accessory item. And according to him you don’t have to change your zoning law. It was also discussed regarding ---PAGE BREAK--- the solar charging stations for the vehicles and that it would be a little bit more. Harvey questioned the need for a second line from RG&E. Mike also questioned the need for a varying plug system as well as a type of set up that resembles something that is typically seen outside of a gas station. He then referred back to the fact that Mr. Nelson would be a good source of information. He then stated that Port Byron already has applied for and received the grant monies as well as adopted the checklist and that it didn’t seem to be very hard. Steve Yonkers spoke of truck six having an antifreeze leak that the crew has had a hard time finding. The leak has been an issue since last year. The crew replaced the line as well as having to replace a spinner motor on the same truck. Steve then recapped a few issues for the new board members. Last year there was a purchase of a 2015 Cat 938 end loader. The cost was 50,000.00 difference from the 2011 to the 2015 (on the trade). The previous loader was having issues with its transmission. It didn’t want to come out of first gear most of the time. It also had a broken blade in front as well as needing new tires. They figured that it was time to cut their losses. The flip side was that the NYS OGS contract that he had hoped would be around for a while was lost for this year. The hope was that the loader could be flipped every year so that there wouldn’t be a maintenance issue. The warrantee would be maintained in regards to tires etc. basically maintenance free flip for next to nothing….$2,000.00 - $3,000.00 dollars. Due to the loss of the OGS contract that offer no longer applies. The EPA took over it now exists as NJPA (National Joint Powers Alliance). It’s still a good deal but the savings aren’t as much as prior OGS contract, which he hasn’t ruled out possibly coming back. He received a price from the new company. Through CAT replacing the 15 to a 16, the price was an $8101.000 difference. Steve felt as though it wasn’t worth the money. The salesman informed Steve that the price would be the $8000.00 and that the following year would likely be between $4000.00 and $5000.00 each year after that. So taking into account the old loader, over 5 years it would be $25,000.00 dollars verses $50,000.00 dollars. His suggestion would be, in light of our loader having 118 hours on it, that we hold on to it and see if the old contract comes back. The other issue is that you only get a year warrantee on the loaders. He then left it up to the board. If it should go back to the old contract it would only cost the town $2000.00 per year. Mike then questioned if we’re turning in a one year old loader why are we still being charged $8000.00 dollars? Steve said the dealer said that due to the fact that such a savings is being given from the start as well as trying to discourage people from just continually trading in one year old loaders. The thought was that the market was getting flooded with brand new loaders. They aren’t making as much off each loader. So basically they’re saying, “It’s affecting our pocket”. The company is looking out for themselves. So Steve asked if he brings the loader to the auction which he knows he can get more than what he can buy the loader from them for, $156,854.00 for a brand new loader. Steve stated he knew he could get that from an auction. Steve then said he would then go to them and get the loader after that. To that the dealer said that he would only honor the contact every three years. So they’re trying to discourage that from being the norm. Steve then asked if he could buy a John Deere one year then a CAT the next then a Kubota. The dealer said he was free to do so but that he still would only honor the contract every 3 years. Steve feels their trying to make their profit. He also said he wasn’t thrilled with the conversation, but kept in mind that we did in fact lose the original contract. He then suggested that we hold on to the loader for the time being as well as keep up on its maintenance (2yrs.) and revisit it then. The next topic was the Rhino mower. The guess is that the mower is about 8 yrs. old but no original paperwork can be found for it. The fact is that there is 40 miles of road that is maintained and if you then double it ---PAGE BREAK--- (which counts for both sides) we in fact mow about 80 miles at a time. As of now the mower is down and needs repair. The blades are trying to come through the top of the deck. He could fix the mower but the pump went and there are metal shards through out. The mower would have to be torn down and completely, everything flushed, flushing the hydraulic tanks as well. Doing it would be a nightmare especially if not done right the first time. Parts would cost $2,500 -$3,000 dollars and to find a mechanic who specializes in Rhinos you’d have to go out of state. A place in Syracuse can get the parts but won’t touch it. Steve started to look into a new mower. He gave out materials regarding new mowers. First was a Diamond 75” hydraulic swing. The cutting span is 6 ft. 3 in. and costs 13,364.00 which include shipping. He’d spoken to Sterling and they stated that it was the best mower that they’d ever had. The other is an Alamo which is out of Syracuse. Alamo is the type of machine that the state uses. Steve stated he liked it due to the fact that it has a guide wheel which cuts down the strain on the hydraulics. It also gives the cut an even less bouncy glide. The cost is $18,625.00 The only down side to the Alamo is that it is 1in less than the Diamond and it costs at least $5,000.00 more than the Diamond. The fact that the Alamo was a local dealer is one of the things that appealed to him as well as the guide wheel alleviating some of the stress on the deck. Leonard questioned whether we were comparing apples to apples. Lester made the motion to purchase the Diamond mower. Mike questioned Judge Davis about using a bailiff due to the fact that surrounding towns are utilizing them. The reason is due in part to the recent workplace violence. He asked her opinion/thoughts. She said she didn’t feel the need for one at this time. Mike then said it would cost about $800.00 dollars more in insurance due to the liabilities of having someone having an armed guard on the premises. Lezli stated she has a new computer and printer and is having problems getting onto the state program for valuing. She might have to take it back to the county to look at it. Windows 10 is not compatible with the Real Properties Service Program. All her files are now relocated to the town office. Mike brought up the fact that Lucille Craine had seen some trash on Victory Road (tires and garbage bags). He asked if anybody had any suggestions for people throwing trash on the sides of the road. He wanted to let people know that some places are charging to now dispose of things if we as a town collect it from the side of the road. Julia then asked when the Waste Management Committee will be meeting. Lester said that the date for the meeting will be on March 10th at 7pm. He asked if we could put it in the Shopper. Lester then passed out paperwork regarding the budget and last years spending. He explained the findings. He offered the new board members a copy once he made them. He then asked to call an executive session at 7:58 pm. The motion was seconded by Mike. Board dismissed clerk. No records given on length of meeting, time it ended or decisions reached.