regular meeting of the vestal town board november 9, 2016 2016 11 09.pdfregular meeting of the...

Regular Meeting of the Vestal Town Board November 9, 2016

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The Regular Meeting of the Town Board of the Town of Vestal, County of Broome and the State of New York was held at the Town Hall, 605 Vestal Parkway West, Vestal, NY on November 9, 2016. TOWN BOARD PRESENT: Supervisor Schaffer

Councilman Majewski Councilwoman Fitzgerald Councilwoman Messina Councilwoman Agneshwar

ALSO ATTENDING: Town Attorney David Berger, Town Clerk Emil Bielecki, 1st Deputy Town Clerk Kathie Young, Town Engineer Vern Myers, Water/Wastewater Superintendent Scott Groats, Comptroller Laura McKane, Deputy Comptroller Nick Angeline and 18 members of the general public. The Supervisor called the Regular Meeting to order at 6:00 PM, welcomed everyone and asked that all present join in the PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES On a motion of Councilwoman Messina, seconded by Councilman Majewski, the following resolution was ADOPTED Ayes 5 Majewski, Fitzgerald, Agneshwar, Messina, Schaffer Nays 0 Resolved the Minutes of the Regular Meeting on October 26, 2016 are approved. PUBLIC HEARINGS Public Hearing on 2017 Special District Budget Supervisor Schaffer provided the Proof of Posting and Affidavit of Publication and opened the Public Hearing regarding the 2017 Special District Budget to hear and consider any objections which might be made to said assessment rolls, including maintenance and bond charges related thereto.

(1) Consolidated Water District No. 1 (2) Central Light District (3) Drainage Districts (4) Consolidated Sewer District No. 1

Town Comptroller Laura McKane gave the following presentation:


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WATER DISTRICT TOTAL SPENDING PLAN $3,456,586

3.5% INCREASE TOTAL SPENDING AND YEAR OVER YEAR CHANGE

Administration and Operating Overhead $ 744,576 up 1.1% Source Supply, Power and Pumping $ 257,900 up 1.9% Water Purification $ 148,000 down 11.9% Water Transmission and Distribution $1,504,390 up 3.1% Debt Principal and Interest * $ 642,860 up 4.9% Retirement, Health and Other EE Benefits $ 574,480 up 1.5% Liability Insurance Contributions $ 33,000 unchanged

No Rate Increase Needed * Increase due to new Well Facility & Water Tank Projects

INFRASTRUCTURE IMPROVEMENTS Completed From 2005 - 2009: Improvements costing over $7 million Replaced Cherry Lane , Doris Ave., Foster Road and Ross Hill Tanks Purchased and Installed Emergency Power Equipment Locate Additional Water Supply – 3 Wells Current and Future Projects: Refurbish Tanks at Carnegie and West Hill $ 600,000 (2016 - 2017) Well 4-5 Treatment Facility for Water Supply $2,300,000 (2016 - 2017) Replace Rano Blvd. Tank $1,000,000 (2020) Replace Dodd Road Tank $2,400,000 (2020) Replace Powderhouse Tank $2,000,000 (2020)

Replace 4” Water Mains --- $100,000 in 2017 operating budget


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LIGHTING DISTRICT $18,000 Increase in Appropriations

No Change in the Tax Levy ~~~~

DRAINAGE DISTRICTS Appropriations and Tax Levy Increase by $45 over 18 Districts

SEWER DISTRICT OVERVIEW • Sewer Rate is comprised of costs associated with collection and treatment. • Treatment costs are set by either the Binghamton - Johnson City Joint Sewer

Board or the Village of Endicott and comprise 70% of the Sewer District spending.

Sewer District Budget - $3,793,480

Charges from Outside Sewer Plants $2,670,000 up 3.7% Vestal’s Collection System $ 623,933 up 3.5% Administration $ 258,450 up 1.2% Debt Service (Replace Sewer Lines) $ 67,097 up 64.5% Planned Additions to Capital Reserve $ 173,600 up 44.7%

Binghamton – Johnson City Joint Treatment Plant

• Bing-JC Plant project estimated to cost $250 million. • They’ve borrowed 30% to date, adding significantly to user costs. • Charges increasing 12.2% or $220,000 for 2017. • Anticipate future increases as project continues.

Additional Significant Factors

Flow Management Plan for all Joint Plant Users continues to impact both operating and capital costs.

Chesapeake Bay Watershed requirements will also affect the Endicott plant in future budgets.

Town is under a DEC Consent Order to Remove I & I (Inflow & Infiltration)

Financial Impact on Users This budget proposes raising sewer rents to correspond with increased

treatment costs.


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Increases quarterly capital fee from $5 to $7 per account to support needed reinvestment in infrastructure.

Recent significant refunds from BJC-JSTB will go to capital reserve to fund improvements and reduce borrowing.

Budget Reflects 7.5% Rate Increase

Minimum Charge for first 10,000 gallons from $53 to $57 per quarter. From $5.30 to $5.70 per 1,000 gallons thereafter. Increase for average residential customer using 13,000 gallons = $5.20

per quarter. Flat rate customers increase $4.95 per quarter.

RATE PERSPECTIVE

The New York State Comptroller’s Office sets the average estimated sewer cost applicable to a single family residence in a town special district. The rate is $798. A rate above this requires State approval.

The Town of Vestal proposed cost for a single family dwelling using 16,000 gallons of water a quarter is $365 per year in rents, a $42 maintenance assessment, a $5 bond charge and $28 in capital fees for an estimate of $440 annually.

OUTLOOK

Expect continued rate increases to fund compliance with Flow Management requirements and new B-JC plant.

Failure to fund improvements and compliance matters will: –restrict development potential, –minimize future funding opportunities, –allow infrastructure to age to a point requiring replacement in lieu of repair.

INFRASTRUCTURE IMPROVEMENTS

Complete or in Progress: Sewer System Hydraulic Model Engineering complete Video and Repair Sewer Trunk Lines – on going Emergency Power Equipment Replacing Sanitary Sewer Lines Flow Study Complete Point Repairing


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Supervisor Schaffer noted that the Binghamton Johnson City Sewage Treatment Plant will be increasing their rates and we must pass them on to the users. We are struggling to keep up with our infrastructure. A speaker asked what administration costs include. Comptroller McKane replied that it includes labor, insurance, software etc. A speaker asked about the debt in the Water District. Comptroller McKane estimated that the total Water debt at the end of 2016 will be approx. $6.5 million. A speaker feels that we should eliminate the minimum charge on water billing. A speaker asked if Binghamton University purchases water from the Town. Supervisor Schaffer replied that it does and pays the same rate as everyone else. A speaker asked why we need additional well capacity. Superintendent Groats replied that we need another well as insurance to avoid vulnerabilities. A speaker asked if the Town had any representation on the JSTP Board. Supervisor Schaffer replied that the JSTP has not allowed outside municipalities to have a seat on the Board. We are at their mercy. Public Hearing on the 2017 Preliminary Town Budget Supervisor Schaffer provided Proof of Posting and Affidavit of Publication and opened the Public Hearing regarding the 2017 Preliminary Budget of the Town of Vestal. Comptroller Laura McKane gave the following presentation:


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2017 Budget Overview Including Special Districts T. Spending Plan (Net of Interfund Activity) $25,983,133 Amount Funded by Property Taxes $10,462,315

or 41% of the Budget

Town of Vestal Tax Cap

Tax Levy Limit $10,536,413 Levy Per 2017 Preliminary Budget $10,462,315 Levy Limit vs Proposed Levy $ 74,098 Tax Levy per Preliminary Budget is under the levy limit.

Further reductions are being made.

Town-Wide Funds

Spending Down 1.1% $186,992 Tax Levy Down 1.5% $119,673 Difference = Decrease in Other Funding Sources $ 67,319

Tax Rate Down 2.15% Reduction per $100,000 of AV = $9.71

Town-Wide Spending Down 1.5%

Significant Spending Changes Since 2016:

Library Spending ($530,630) Wage Lines up 2% $149,822 Debt Service up 8% (Roads) $134,578 Health Ins. up 5% $140,090 Fuel ($ 25,750)

Staffing Filling positions vacant since 2010 – one in parks, one in highway. Replacing police vacancies due to attrition. Contractual wager increase to 4 union groups.


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GENERAL FUND SPENDING BY CATEGORY Personal Services $ 5,424,095 Capital Items $ 19,000 Contractual $ 1,429,847 Employee/Retiree Benefits and Workers Comp $ 3,712,100 Debt Service $ 506,106 Interfund Transfers $ 35,796

$11,126,944

WE ARE A SERVICE


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HIGHWAY FUND SPENDING BY CATEGORY Personal Services $ 1,658,786 Capital Items $ 479,090 Contractual $ 923,800 Employee/Retiree Benefits & Workers Comp $ 1,258,420 Debt Service $ 1,300,593

$ 5,620,689 The Town Board has committed to funding road improvements.

2017 Changes in Funding Sources Total Before Property Taxes down $67,000 Sales Tax $182,754 PILOTs $ 16,382 Franchise Fees ($ 5,000) Fines and Forfeited Bail ($ 5,000) Br. Co. DWI ($ 4,000) Interest Earnings $ 5,000 Library Revenue ($114,810) SAM Grant ($ 87,650) Fund Balance ($ 55,400)


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PRELIMINARY BUDGET TAX RATE Change per $1,000 of Assessment

General Fund ($ .2301) Highway Fund $ .1330

($ .0971) Tax decrease with an assessment of $100,000 would be: $9.71 annually


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YOUR TAX DOLLAR BREAKDOWN Vestal School $ .63 Broome County $ .21 Town of Vestal $ .13 Vestal Fire Department $ .02 Vestal Public Library $ .01 Total $1.00

Consistent ratio for last four years or more

Supervisor Schaffer thanked everyone for their hard work and contributions to arriving at this budget and opened the floor for comments. A speaker congratulated the Board on the budget but wondered what sacrifices we are making to make the numbers go down. Supervisor Schaffer noted that we did cut some programs and altered some operations. For example, we stopped the Front St. Days and are looking to close a few of the parks. We are leasing more equipment and are cutting back on shelf items. We eliminated a few positions through attrition. The cost of fuel is down. Councilman Majewski added that new


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employees contribute more toward benefits. We are taking small steps in negotiating more favorable labor contracts. A speaker asked if the Town is looking for ways to reduce the cost of maintaining the flood properties. Supervisor Schaffer stated that we are still looking at options. A speaker asked what impact the removal of the Library would have on the Town budget. Comptroller McKane replied that the separation of the Library would reduce the level of spending in the Town budget. The separation agreement is now being negotiated. A speaker asked if the business going into the former Ken Wilson property on the Parkway will be given favorable tax treatment. Supervisor Schaffer replied that they are not getting any PILOT agreement and will pay the full tax rate. A speaker asked what a fund balance is and what is the overall debt. Comptroller McKane replied that fund balance is what is left over after what has been used from the lines budgeted for the year. We have approx. $17 million dollars of debt. A speaker asked about the how the Town would go about closing a park. Supervisor Schaffer responded that the closing of a park requires a procedure which must be followed. One of the parks under consideration could be used for a retaining pond. Public Hearing on Local Law “F” of the Year 2016 - CANCELLED Supervisor Schaffer announced that the final 2017 Town Budget will not exceed the state mandated cap on the tax levy. Therefore, it is unnecessary to hold the Public Hearing regarding proposed Local Law “F” of the year 2016 entitled: “A Local Law to Override the Tax Levy Limit Established in General Municipal Law 3-c.” The Public Hearing is cancelled. PRIVILEGE OF THE FLOOR A speaker posed questions about the following items on this agenda and asked the Supervisor to comment: What is the document concerning the storm recovery process? Why are we appointing the same people to the volunteer boards? We should cancel our membership to the NYS Association of Towns. We get

nothing out of it. Why are we continuing to pay large sums on lawsuits?


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What is the equipment that we are purchasing under the budget transfer? Board members who miss more than 3 meetings a year should not be paid or

should resign.

Supervisor Schaffer replied to the questions above as follows: The storm recovery paperwork must be signed stating that we agree to follow

the rules in the administration of the grants. We appoint people to volunteer boards based on qualifications and willingness

to serve. Anyone can submit an application. Membership in the NYS Association of Towns provides us with various

services and training opportunities. The Town must defend itself against lawsuits. The purchased equipment is for our Highway trucks. RESOLUTIONS & MOTIONS Governor’s Office of Strom Recovery– Procurement Procedures and Policies R247-16 On a motion of Councilman Majewski, seconded by Councilwoman Messina, the following resolution was ADOPTED Ayes 5 Majewski, Fitzgerald, Agneshwar, Messina, Schaffer

Nays 0 Resolved to adopt the following: A RESOLUTION ADOPTING THE FOLLOWING PROCEDURES AND POLICIES FOR THE TOWN OF VESTAL FOR THE PROCUREMENT OF GOODS AND SERVICES NECESSARY FOR THE IMPLEMENTATION OF PROJECTS FUNDED BY THE GOVERNOR’S OFFICE OF STORM RECOVERY OF THE NEW YORK STATE HOUSING TRUST FUND CORPORATION WHEREAS, the Town of Vestal has entered into a subrecipient agreement with the Governor’s Office of Storm Recovery, an office of the New York State Housing Trust Fund Corporation, that provides funds for eligible Community Development Block Grant – Disaster Recovery (CDBG-DR) expenditures; and WHEREAS, the subrecipient agreement requires procurement activities funded in whole or in part with CDBG-DR funds to be conducted in compliance with applicable United States Department of Housing and Urban Development (HUD) procurement regulations as well as applicable state and local law; and


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WHEREAS, on December 26, 2013, the Office of Management and Budget (OMB) published (at 78 Federal Register 78608) the “2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” that superseded the HUD procurement provisions of 24 CFR Parts 84 and 85; and WHEREAS, HUD has issued new procurement standards as set forth in Notice: SD-2015-01: Transition to 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance and in Notice: CPD-16-04 Additional Transition and Implementation Guidance for Recipients of Community Planning and Development (CPD) Funds for 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; and WHEREAS, the Town of Vestal desires to revise and amend its procurement procedures to be consistent with the HUD Notices on 2 CFR Part 200; and WHEREAS, the Town of Vestal desires to apply the amended and revised procurement procedures to future CDBG-DR procurements. NOW, THEREFORE BE IT RESOLVED by the Vestal Town Board, on behalf of the Town of Vestal that for CDBG-DR procurement actions undertaken on or after January 1, 2017, the Town of Vestal shall comply with the procurement standards as set forth in 2 CFR Parts 200.317 through 200.326. In the event of a conflict between State or local laws and regulations and the procurement requirements of 2 CFR Part 200, the more stringent requirements will apply. NYSDOT (EBO) – Two Rivers Greenway Sign Project R248-16 On a motion of Councilman Majewski, seconded by Councilwoman Agneshwar, the following resolution was ADOPTED Ayes 5 Majewski, Fitzgerald, Agneshwar, Messina, Schaffer Nays 0 Resolved to adopt a resolution authorizing Town Engineer Vern Myers to sign and join the NYSDOT Equitable Business Opportunities (EBO) system for project reporting for the Two Rivers Greenway Sign Project (PIN 9753.89). Committee Appointments R249-16 On a motion of Councilman Majewski, seconded by Councilwoman Fitzgerald, the following resolution was


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ADOPTED Ayes 5 Majewski, Fitzgerald, Agneshwar, Messina, Schaffer Nays 0 Resolved to authorize the following appointments:

Re-appoint Stephen Appel and Philip Grayson to the Conservation Advisory Committee effective January 1, 2017. These terms are to expire December 31, 2018.

Appoint Kathleen M. Konen to the Conservation Advisory Committee effective January 1, 2017. This term is to expire December 31, 2018.

Re-appoint Margaret Hadsell to the Historic Preservation Commission effective January 1, 2017. This term is to expire December 31, 2020.

Re-appoint Sue Hoyt to the Recreation Commission effective January 1, 2017. This term is to expire on December 31, 2023.

CONSENT AGENDA

On a motion of Councilman Majewski, seconded by Councilwoman Agneshwar, the following resolution was ADOPTED Ayes 5 Majewski, Fitzgerald, Agneshwar, Messina, Schaffer Nays 0 Resolved the Consent Agenda is approved as follows: PUBLIC WORKS: Fitzgerald/Majewski Payment to Evans Mechanical R250-16 Authorization for payment of $7,480.00 to Evans Mechanical for specialty work performed at the new Campus Water Booster Station. Contract with Constellation Energy and Direct Energy R251-16 Authorization for Town Engineer Vern Myers to contract with Constellation Energy for electric service and Direct Energy for natural gas service to Town facilities at rates based on the MEGA Energy Consortium bidding. The Town is a member of the MEGA Energy Consortium. FINANCE: Agneshwar/Fitzgerald Receive and File: Warrant Reports: 2016- 43, 2016-43L, 2016-43E, 2016-44, 2016-44E Town Clerk Monthly Report: October 2016 – Total Local Shares Remitted:

$4,544.67


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Payment for Legal Services - Hick vs. Town of Vestal R252-16 Authorization to pay $349.85 to Accurate Court Reporting for Deposition in the Hicks vs. Town of Vestal case. R253-16 Authorization to pay $14,851.78 to Pappas, Cox, Kimpel, Dodd & Levine, PC for legal services incurred in the Hick vs. Town of Vestal case. Association of Towns of the State of New York Dues R254-16 Authorization to pay $1,650 to the Association of Towns of the State of New York for the annual membership dues. Billable Hours for Town Attorney R255-16 Authorization to pay $625.00 to Town Attorney David Berger for October 2016 billable hours. Renew Lifetime Benefit Solutions Agreement R256-16 Retro-active approval for Town Comptroller Laura McKane to sign a renewal agreement with Lifetime Benefit Solutions for dental claim administration services. A minimum fee of $175.00 per month will apply. Budget Transfers for the Highway Department R257-16 Authorization for the Business Office to perform the Budget Transfers for the Highway Department: $10,000 from line D5130-4230 to line D5130-2220 for new equipment purchase $13,000 from line D5142-4211 to line D5130-2200 for new equipment purchase $20,000 from line D5110-4318 to line D5130-2200 for new equipment purchase $8,000 from line D51421-1033 (snow overtime) to line D5110-1033 (leaf pickup

overtime) PUBLIC SAFETY: Fitzgerald/Messina Police to Purchase Weapons R258-16 Authorization for Police Chief John Butler to purchase seven 40 caliber handguns and six holsters from Atlantic Tactical for a total of $2,148.91. The funds will be taken from line A3120-2626R (asset forfeiture). Fred Singer Training Center Leases R259-16 Authorization for the Fire Department to accept the following payments for usage of the Fred Singer Training Center:


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A $100 payment from the Wysox Fire Company for one day usage on November 6, 2016.

A $600 payment from Plastisol Composites LLC for an annual lease. Fireman Breakfast at Station 2 R260-16 Approval for the Vestal Fire Department Station 2 Membership to hold the Fireman Breakfast at Station 2 on December 11, 2016, 7:30 AM until 11:30 AM. A sign in sheet will be used to track personnel at this event. RECEIVE AND FILE NYS Ag and Markets – Municipal Shelter Inspection Report 2016 10 28 US Army Corps of Engineers and NYDEC will hold Public Scoping Meetings

concerning the Upper Susquehanna River Basin Comprehensive Flood Damage Reduction Study. For time and place of the meetings go to http://www.nab.usace.army.miIlUSRB

END OF CONSENT AGENDA

SUPERVISOR’S ANNOUNCEMENTS A public meeting will be held by the Zoning Board of in the Clayton Avenue

Elementary School Auditorium, 209 Clayton Avenue, Vestal, New York at 6:00 pm Thursday, November 10, 2016 to consider requests for an interpretation and/or variance and/or special permit regarding 500 Plaza Drive, Vestal NY and 600 Country Club Road, Vestal, NY.

WINTER PARKING HOURS - 2:00 AM to 6:00 AM - December 1 – March 31.

Leaf pickup will continue weather permitting. No branches or yard waste. Congratulations to the Vestal Marching Band for placing first in the NYS

Field Band Conference Championship.

ADJOURNMENT On a motion of Councilman Majewski, seconded by Councilwoman Agneshwar, the meeting was adjourned at 7:23 PM. Carried unanimously. Approved by _______________________________________ Emil J. Bielecki, Town Clerk

regular meeting of the vestal town board november 9, 2016 2016 11 09.pdfregular meeting of the...

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