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Town of Victory Board Meeting 2/13/17 February minutes Council members present: Others in attendance: Mike Wiggins-Supervisor Deb Davis-Judge Leonard Hand Julia Iozzio-Clerk Lester VanDyke Vicki Davis-Deputy Clerk Terrance McBride Bob Day-Code Enforcer Robin Bartholomew Harvey Mills-Planning Board Joanna Bishop-Zoning Chair Chris Cramer-Zoning Board Meeting called to order. Pledge said at 7pm Mike stated there were no resolutions. Minutes were reviewed. Errors were noted and will be corrected. Lester motioned to accept with corrections made, Robin 2nd. All ayes. Supervisors report ending 2/28/17 was read: General fund: $355,996.21 Cash reserve, CD: $198,612.73 Petty cash: $50.00 Special reserve, Capital Project: $199,027.00 Money market Special reserve: $60,000.00 Total for General fund: $813,685.94 Highway funds: $301,071.02 Victory Street Lighting Dist.: Cash- Checking: $1,859.28 Cash in time Deposits: $3,196.61 Total: $5,055.89 Westbury Street Lighting Dist.: Cash-Checking: $1,738.91 Cash in time Deposits: $ 289.52 Total: $2,028.43 Total for all funds: $1,121,841.75 Aub report is done and a copy is available in the clerk's office. Notice has gone in the paper. Mike introduced the new code enforcer, Mr Bob Day. He will be available in the office on Mondays from 5pm - 7pm His contact info is on the town's website. ---PAGE BREAK--- Richard Knoll had been checking garbage permits for the town for a few weeks. The question was asked of the board if they still felt the need to have him check permits. The board’s suggestion was to have him wait a few weekends before asking him to check again. The thought was to wait until the weather was better when more people tended to do trash disposal and that time may be beneficial to check permits. Nick from the Hwy. Dept offered the department report. They had been shoveling and cleaning out the drain in the shop. Sanding and plowing when required. They’ve also been removing trees from the road that had fallen due to the recent windy weather. There is an emissions recall on the 2015 International. The truck will be taken for the upgrade when they get a good day. Scott Reddick from PESH (Public Employee Safety and Health bureau) was here to do and inspection. He did a walk through safety check in the garage. He then entered the rest of the bld. and looked around. He found only a couple of outlets that needed to be replaced and he said that the shop looked good. He also made mention if PESH comes out they won’t write up or fine someone initially. Opportunity is given to correct the offense. The clerk’s report was read: Clerk’s Report: (as of 01/31/2017) 42-Dog licenses =$315.00 180- Garbage Permits =$28,800.00 1- Records copies =$10.00 0-Subdivision 00.00 0-Variance =$00.00 2- Building permits =$118.68 0- Marriage Lic. =$00.00 Ads were placed in the local paper for the Planning Board Mtg. The issue of the dog licensing was brought up along with the renewal process. Letters were sent out for renewals and a few returns came in as being diseased/moved. Bob Day offered an update on a house he was inspecting on Victory Rd. He also looked at a house inspection that had an existing permit as well as a pending permit on Victory Rd. He received 2 complaints from Cayuga Co. Health Dept. on two structures. One structure was a trailer with an outhouse on Townline Rd. The other was on Timerson Rd. He also received a phone call from the engineers, NECCC group at Jones Rd. wanting to do their next phase. They are making a new master plan as to what their next phases will be. They will be presenting it to the board in the next couple of months. He also did a fire inspection on the town hall and also took care of an existing permit on Upton Rd. Mike stated he will pick up a carbon monoxide detector. Bob will be doing fire inspections for all of the occupancy assemblies in town ie., churches, the new NECCC. Making sure everything is up to par. These inspections are to be done each year. Apartments are to be done every 3yrs. Harvey issued a permit for the building of the Verizon cell tower. A letter with a check should be arriving shortly in the amount of $500.00 as well as a user permit that they have to fill out. The project is expected to start late fall. They still have to put thought ---PAGE BREAK--- the FAA. It’s projected to be in full swing one year from now. As for zoning a rough draft was brought before the board which they made some corrections and it was then sent back. There will be a special meeting on the 28th of March to go over more of the issues that they had not yet finished in the sub divisions. There should be a draft sent to the board by the next zoning mtg. Joanna stated that the zoning board will have a meeting on the tower on the 30th. The public hearing letter has gone out to all who are on the list. The Verizon people should be attending. Deb is still waiting to hear back from the office of administrators RE: the hiring of Vicki for court clerk/helper. Mike received a call from Patrick Barrata of Duck Lake Rd. about a gravel pit next door to his property. This has been mentioned before due to the issues that were brought up about the gravel mine on Sanford Rd. Mike inquired on the frequency of use and found it was being used for often than in the past. 3yrs. ago the property changed owners. The new owner had noticed that trees which once primarily served as a buffer between properties are now being affected. They are also starting to die and a good amount of the gravel was being removed from the area. Mike Spatifor said he’d send someone out to look at the site. He said he’d do a baseline study and then monitor the site to see if the amount of gravel that is being taken out exceeded the amount that warrants a permit. It was stated that you are allowed 700 cu. yd., which is approximately 50 truck loads of gravel per year. It now seems as though the DEC may need to get involved. The next step is to locate the owner and wait till the weather gets better so they can further investigate. Mike also stated that he would be following up on the progress regarding the completion of the well project where the salt barn is. The plan is to put up a hydrant with a pump. Chris Cramer wanted to know if they had a zoning permit to run a gravel mine. He claimed that according to his 3 mos. study of the zoning laws they needed one as well as assuring Mr. Day that it was in the laws. Mike said he wasn’t sure by definition, if we reach the quota the state allows. Chris said he would look into the definition that the town has set forth. The legality of the local law will be reviewed as to defining the site as well as finding out what the DEC has to say. Lester offered his February trash report. The total tonnage was 26.19 and was down from January. Last year January (2016) 23.5, February (2016) 30 ton. The difference may be due to the weather? ADT report unexpended fund balances 2016 compared to 2015. General fund went up approximately $100,000 ($679,000-$779,000). Hwy fund went from $180,000-$325,000. $90,000was put in from 2016 for equipment. We didn’t expend the money in 2016 so some of that now comes out unexpended, We will probably be purchasing a new truck next year. There will be money in the account to cover that. Special fund/Bld. fund went up about $7,000 because of the interest drawn. $252,000.-$259,000. Leonard looked up the mining issue online and offered- by right it is not permitted but the possibility of the property being “grandfathered in” is also something that needs to be taken into consideration. The topic of discussion was: if state law says that you can take out amount of gravel w/o a permit as to where it’s considered a mine, do we as a town wish to make it more restricted as well as what do we have to do in our local law or ---PAGE BREAK--- zoning law. What are we legally able to restrict or permit? Leonard confirmed that 1,000 tons or 750 cu. yds. per year which has been calculated to approximately equal about 50 good size truck loads per year. The property I question doesn’t come close to the limit as stated in the laws. The issue may still be the “grandfather” law. Previously the town had purchased gravel from the site from Dick Seeley(who has since passed away). Chris stated that yes, there may be some cases but non conforming uses should be documented as well as records kept. If the property has not been used for 1yr. it’s considered to be abandoned and the current law comes into play. Harvey stated he would look into the matter further. At 7:46 pm Mike motioned to go into executive session to discuss up dates on a workmen’s compensation case. Lester 2nd. All ayes. At 8:02 pm the board returned from executive session. No decision had been made on said matter, just updatings on the matter. Mike discussed offerings for the local play area in the town. He discussed options, whether it be painting or installation of equipment or possibly purchasing a piece of equipment. Reference was made to Mott Park. It was said that we already carry insurance for the park area. Things for consideration were a “bee” (spring base riding toy for toddlers); a volleyball court, with either sand or wood chips for filler. Harvey stated that sand was used, that in the winter you could smooth the sand out and cover the area with plastic and fill it with water, creating a kind of ice rink. Harvey said that he had experience with doing that. It is Mike’s goal to have a plan in place by the time the weather starts to get nicer. At 8:10 with no more business to discuss Lester motioned to adjourn, Leonard 2nd. All ayes.