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HomeMy WebLinkAbout01-11-2018 Organizational Town Board Meeting Agenda Packet TOWN OF VIRGIL ORGANIZATIONAL MEETING JANUARY 11TH, 2018-6:30 P.M. 6:30 PM – Call to Order and Pledge of Allegiance to the Flag Legal Notice for Organizational and 1st Meeting of 2018 A.ORGANIZATIONAL MEETING 1.Meeting times: 2nd Thursday at 6:30 PM with a second meeting the 4th Thurday if needed 2.Official Depository: Prior years: First National Bank of Dryden for the Virgil General Fund, Highway Fund, Capital Fund, Town Clerk/Tax Collector Fund, and Town Justice Fund, for the Virgil Community Development Fund. 3.Pay Schedule for elected and appointed officials Position Pay Pay Schedule Supervisor $6,000.00 Quarterly Clerk/Tax Collector $27,400.00 Bi-weekly -Sewer/Water $4,840.00 Bi-weekly Town Board (4) $2,100.00 Quarterly Town Judge $12 ,750.00 Monthly Highway Super. $48,000.00 Bi-weekly -Transfer $5,000.00 Bi-weekly Animal Control $10,800.00 Monthly Bookkeeper $15,000.00 Bi-weekly -sewer/water $12,000.00 Bi-weekly Code Enforcer $24,000.00 Bi-weekly Court Clerk $11,250.00 Bi-weekly Custodian $6,200.00 Bi-weekly Deputy Clerk $12.00/hr Bi-weekly -sewer/water $12.00/hr Bi-weekly Historian $1,400.00 Quarterly Board of Appeals $125.00 Annually Planning Board $15.00/mtng Annually Zoning Board $15.00/mtng Annually Transfer Attendant $16.92/hr Bi-weekly -Assistant $14.00/hr Bi-weekly -Assistant $10.40 Bi-weekly 4.Rate of pay for highway Employees Rick Horner $21.05 an hour James Klingle $16.00 an hour Demont Lang $16.89 an hour Walt Nichols $18.00 an hour Dan Courtney $18.00 an hour Chad Bassett $16.50 an hour 5.Highway purchases authorization: The Highway Superintendent is authorized to purchase new equipment, tools and other implements not to exceed $_________($4500 Prior Years) and allow repairs up to $_________ ($3,000 Prior years) without board approval. 6.Highway Superintendent equipment purchase authorization The Highway Superintendent is authorized to purchase equipment through Cortland County and New York State bids. 7.Milage reimbursement: The mileage reimbursement rate will be the current IRS rate at any given time. 8.Official newspaper: The official news paper for the Town of Virgil shall be the _____________ ( Prior years Cortland Standard) 9.Appointment of Town Attorney: Prior Year Patrick M. Snyder Esq. 10. Appointment of Bookkeeper: Prior Year Gina Nourse 11. Bookkeeper authorization to pay bills: The Town’s bookkeeper shall be authorized to pay utility and contractual insurance bills prior to Board approval to avoid and late payment fees. 12. Town Board agreement to pay portion of Bookkeepers health insurance: The Town Board authorizes the Town to pay an agreed portion of the Bookkeeper’s health insurance in cooperation with the town of Willet. 13.Appointment of Deputy Clerk: Town Clerk appoints a deputy 14. Appointment of Registrar of Vital Records: 15.Appointment of Deputy Resistrar: Registrar of Vital Records appoints a deputy Registrar 16. Appointment of Records Management Officer: Town Clerk is generally the Records Office Manager 17.Appointment of Deputy Supervisor Supervisor Kaminski shall appoint _________________ as Deputy Town Supervisor. (Prior Year Jereme Stiles) 18.Appointment of Court Clerk: Town Justice Scott Elston shall appoint a Court Clerk (Prior Year Deb Gallagher) 19.Appointment of Deputy Highway Superintendent: Highway Superintendent appoints a Deputy Superintendent 20.Appointment of Animal Control Officer and Deputy Animal Control Officer: (Prior Year Lindsay Anderson of Country Acres Animal Shelter and the Deputy was Suzzie Nalley) 21.Appointment of Code Enforcement Officer: 22.Appointment of Planning Board Secretary: The Planning Board appoints their own secretary (Prior Year Joan Fitch) 23.Appointment of ZBA Member: (Steve Terwilliger’s and Linda Edwards Term Expired 12/2017) Current Members Term Expiration John Coulter 12/2019 Sheila Morse 12/2021 Linda Edwards 12/2017 (Resigned) Resignation from Linda Edwards- Jeannine Sprague 12/2018 Jeff Hall 12/2020 Steve Terwilliger(Alernate) 12/2017 24.Appointment of ZBA Secretary: the ZBA appoints there own secretary (Prior Year Joan Fitch) 25.Appoint Planning Board Memer: ( Jeff Breed and Dale Taylor's Term Ended 12/2017) Current Members Term Expiration Jeffrey Breed Request from Jeff Breed- Planning Board Anne Howe 12/2021 Carole Lathrop 12/2019 Dale Taylor Request from Dale Taylor- Planning Board Gary Wood 12/2018 Mark Baranello 12/2020 26.Board of Assessment Review Appointment: Current Members Term Expiration Sarah Dean 09/2018 James Murphy 09/2019 Steve Terwilliger 09/2021 Sheila Morse 09/2021 James Povero 09/2020 27. Town Hall Custodian Appointment: Prior Year John Lellig 28. Town Gardener Appointment: (Prior Year: The Town Board sets the salary for a Town Hall gardener at the hourly rate of $10.00 an hour not to exceed $500.00 a year. 29.Community Development Loan fund Membership: Prior Year Members Shelia Morse Ronald Denniston Howard Ford Terri Flatt Liaison Jereme Stiles 30.Hope Lake Park Advisory Committee: 2017 Committee Members Gary Pelton Alane Van Donsel Dayrl Dawson Hank Faber Jereme Stiles 31. Board of Ethics: Prior Year Members Kathy Jensen Chair Gary Hoyt Richard McMullin Dale Taylor Liason 32. Code of Ethics: A copy of the code of Ethics and note that each new member of all the Virgil Town Boards shall receive a copy of the Code of Ethics from the Town Clerk. A signed receipt shall be given to the clerk from each board member. 33. Sewer and Water District Operator: Prior Year Sewer District #1 Camden Group Water District #1 W2Operators 34.Water Quality Committee and Laboratory Testing: Prior Years the representative for the Water Quality Coordination Committee was Douglas Withey. The testing Laboratory for the Town of Virgil Water and Sewer Districts #1 was Microbac (Camden would like to use PACE) 35.Annual Report: Prior Year the Town Supervisor was authorized to publish the annual report in the newspaper brief, as opposed to the long form. 36.Auditor: Prior Year the Town board gave authorization to the Town Supervisor to hire an auditor, if deemed necessary. 37.Emergency awareness & HAZMAT information: The Town Clerk will make the appropriate name changes for the Emergency Awareness Information for HAZMAT 38. Seasonal Road Closings: The Town board shall authorize the Highway superintendent to advertize Seasonal Road closings in October. 39. Highway Funds: The board shall accept the Highway Funds Agreement as presented by the Highway SuperintendentSection 284 of Highway Law Highway Agreement for the expenditure of Hwy Moneys 40. Town Investment Policy : The Town board shall affirm the Town of Virgil’s Investment Policy 2018 Investment Policy- Review 41.Town’s Liability Insurance: The Town’s Liability Policy shall be reviewed at the Boards discretion. 42.Procurement Policy: The Town board shall affirm the Town of Virgil’s Procurement Policy Procurement_Policy for Review 1-11-18 43.Establish 2018 Water and Sewer Rates: Shall be decided in Local Law #1 of 2018 44.Reaffirm Town of Virgil Sexual Harassment Policy Sexual Harassment Policy Review 1-11-18-Org 45.Reaffirm Town of Virgil Workplace Violence Prevention Policy Statement WORKPLACE PREVENTION POLICY STATEMENT Review 1-11-18-Org 46.Water and Sewer Distircts #1 Policies Water Distirct Rules Review 1-11-18 SEWER RULES 2015- Review 1-11-18 47. Appoint Eric Snow as the representative for the Town of Virgil on the Greater Tompkins County Municipal Health Insurance Consortium 48. Appoint Dale Taylor as the Deputy representative for the Town of Virgil on the Greater Tompkins County Municipal Health Insurance Consortium ADJORN REORGANIZATIONAL MEETING 1 | Page Article 3 §§39 General Municipal ALLCONSOLIDATEDGENERAL MUNICIPALARTICLE 3 SECTION 39 § 39. Investment policies for local governments. 1. Each local government, which for purposes of this section shall include counties, cities, towns, villages, school districts including boards of cooperative educational services and district corporations, within the meaning of that term as set out in subdivision three of section sixty-six of the general construction law, or any other governmental subdivision of the state, shall by resolution adopt a comprehensive investment policy which details the local government's operative policy and instructions to officers and staff regarding the investing, monitoring and reporting of funds of the local government. The investment policy shall be annually reviewed by the local government. 2. Funds of the local government, for purposes of this section, shall consist of all moneys and other financial resources available for investment by the local government on its own behalf or on behalf of any other entity or individual. 3. The investment policy adopted by the local government shall include, but not be limited to, the following: (a) A list of the permitted types of investments of the local government, which shall be consistent with the appropriate provisions of law relating to the local government and any additional requirements pursuant to any contract with bondholders and noteholders or established by the local government. (b) Procedures and provisions to secure in a satisfactory manner the local government's financial interest in investments. (c) Standards for written agreements pursuant to which investments are made. Such standards shall be consistent with the appropriate provisions of law relating to the local government and any additional requirements pursuant to any contract with bondholders and noteholders or established by the local government. (d) Procedures for the monitoring, control, deposit and retention of investments and collateral. (e) Standards for security agreements and custodial agreements with banks or trust companies authorized to do business in the state of New York, pursuant to which obligations and collateral are held by such banks and trust companies for the local government. Such standards shall be consistent with the appropriate provisions of law relating to the local government and any additional requirements pursuant to any contract with bondholders and noteholders or established by the local government. (f) Standards for the diversification of investments, including diversification with respect to the permitted types of investments listed in accordance with paragraph (a) of this subdivision and to the firms with whom the local government transacts business. Such standards may also specify the maximum percentage of moneys available for temporary investment or the maximum dollar amount that the local government is authorized to invest in any one permitted type of investment or pursuant to transactions with any one firm. (g) Standards for the qualification of firms with whom the local government transacts business, such as criteria covering creditworthiness, experience, capitalization, size and any other factors that make a firm capable and qualified to transact business with the local government. (h) For purposes of this section, the term "firm" shall include, but not be limited to, a bank or trust company as defined in subdivision one of section ten of this chapter, the lead participant of a cooperative investment agreement as defined in subdivision one of section forty-nine-c of this chapter, and the seller of an obligation that is purchased pursuant to a repurchase agreement. 4. Each local government shall have the power to amend its investment policy from time to time in accordance with the provisions of this section TOWN OF VIRGIL INVESTMENT POLICY I. This investment policy applies to all moneys and other financial resources available for investment on its own behalf or on behalf of any other entity or individual. II. The primary objectives of the local government’s investment activities are, in order of priority:  to conform with all applicable federal, state and other legal requirements;  to adequately safeguard principal;  to provide sufficient liquidity to meet all operating requirements;  to obtain a reasonable rate of return. III. The governing board’s responsibility for administration of the investment program is delegated to the Town Supervisor, who shall establish written procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a data base or records incorporating description and amounts of investments, transaction dates and other relevant information, and regulate the activities of subordinate employees. IV. All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the Town of Virgil to govern effectively. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. V. It is the policy of the Town of Virgil to diversify its deposits and investments by financial institution, by investment instrument and by maturity scheduling. VI. It is the policy of the Town of Virgil for all moneys collected by any officer or employee of the government to transfer those funds to the Supervisor within __ days of deposit, or within the time period specified in law, whichever is shorter. The Supervisor is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investment are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management’s authorization and recorded properly, and are managed in compliance with applicable laws and regulations. VII. The banks and trust companies authorized for the deposit of monies up to the following maximum amounts are: ______________________________ _______________ ______________________________ _______________ ______________________________ _______________ ______________________________ _______________ VIII. In accordance with the provisions of General Municipal Law, Section 10, all deposits of the Town of Virgil, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by: A. A pledge of “eligible securities” with an aggregate “market value or as provided by General Municipal Law, Section 10, equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy. B. An eligible “irrevocable letter of credit” issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements. C. An eligible surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims-paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. IX. Eligible securities used for collateralizing deposits shall be held by the depositary (a third party) bank or trust company subject to security and custodial agreements. The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted, or released and the events which will enable the local government to exercise its rights against the pledged securities. In the event that the securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Town of Virgil or its custodial bank. The custodial agreement shall provide that securities held by the bank or trust company, or custodial agent, of and for the local government will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of them backing for any other deposit or other liabilities. The agreement should provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility. Such agreement shall include all provision necessary to provide the local government a perfected interest in the securities. X. As authorized by General Municipal Law, Section 11, the Town of Virgil authorizes the Town Supervisor to invest moneys not require for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments:  Special time deposit accounts;  Certificates of deposit;  Obligations of the United States of America;  Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America;  Obligations of the State of New York;  Obligations issued pursuant to Local Finance Law, Section 24.00 or 25.00 (with approval of the State Comptroller) by any municipality, school district or district corporation other than the Town of Virgil;  Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments;  Certificates of Participation (CDPs) issued pursuant to General Municipal Law, Section 109-b;  Obligations of this local government, but only with any moneys in a reserve fund established pursuant to General Municipal Law, Section 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m or 6-n. All investment obligations shall be payable or redeemable at the option of the Town of Virgil within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Town of Virgil within two years of the date of purchase. XI. The Town of Virgil shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Town of Virgil. Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank as primary dealer. The Town Supervisor is responsible for evaluating the financial position and maintaining a listing of proposed depositories, trading partners and custodians. Such listing shall be evaluated at least annually. XII. The Town Supervisor is authorized to contract for the purchase of investments: A. Directly, not including through a repurchase agreement, from an authorized trading partner. B. By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the governing board. C. By utilizing an ongoing investment program with an authorize tracking partner pursuant to a contract authorized by the governing board. All purchased obligations, unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Town of Virgil by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, Section 10. The custodial agreement shall provide that securities held by the bank or trust company, as custodial agent, of and for the local government will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities. XIII. Repurchase agreements are authorized for the Town of Virgil. Appendix A Schedule of Eligible Securities (i) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency there of or a United States government sponsored corporation. (ii) Obligations partially insured or guaranteed by any agency of the United States of America, at a proportion of the market value of the obligation that represents the amount of the insurance or guaranty. (iii) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district of district corporation of such State or obligations of any public benefit corporation which, under a specific State statute, may be accepted as security for deposit of public moneys. (iv) Obligations issued by states (other than the State of New York) of the United States of America rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. (v) Obligations of counties, cities and other governmental entities of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. 1 | P a g e RESOLUTION ADOPTING PROCUREMENT POLICY FOR THE TOWN OF VIRGIL, NEW YORK During a regular meeting of the Town Board of the Town of Virgil, Cortland County, State of New York, held at the Virgil Town Hall, 1176 Church Street, Cortland, NY , on September 11, 2014 the following resolution was duly made on the motion of Member Dale Taylor , and seconded by Member Christine Applegate , and the roll call vote was as follows: Ayes- 5, Nays- 0. WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt internal policies and procedures governing all procurement of goods and services which are not subject to the bidding requirements of the General Municipal Law Section 103 or any o ther law; and WHEREAS, comments have been solicited from those officers of the town involved with the procurement in and for the Town of Virgil; now, therefore BE IT RESOLVED, that the Town Board of the Town of Virgil does hereby adopt the following procurement policy which is intended to apply to all goods and services which are not required by law to be subject to the bidding requirements of General Municipal Law Section 103 or any other Law. Dated: The undersigned, Alane Van Donsel, Town Clerk of the Town of Virgil, hereby certifies that the foregoing resolution is a true and correct copy of the original RESOLUTION ADOPTING A PROCUREMENT POLICY FOR THE TOWN OF VIRGIL, NEW YORK , adopted by the Virgil Town Board as a meeting of said Board held at t he Virgil Town Hall on September 11, 2014, and that said resolution was duly adopted by the Virgil Town Board at a regular meeting duly called and held on September 11, 2014 . In witness whereof, I have hereunto set my hand and seal of the Town of Virgil this 15th day of September , 2014. Alane Van Donsel Virgil Town Clerk 2 | P a g e PROCUREMENT POLICY FOR THE TOWN OF VIRGIL SECTION I A. Every prospective purchase of goods or contract for service must be initially reviewed to determine whether it is a purchase or a public works contract. Once that determination is made, a good faith effort shall be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is or is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. B. The following are not subject to competitive bidding pursuant to the General Municipal Law (GML), but are subject to this procurement policy: (1) Purchase contracts under $20,000.00 (GML Section 103); (2) Public works contracts under $35,000.00 (GML Section 103); (3) Purchase on state contract through the Office of General Services (GML Section 104) (4) Purchase or work is required by virtue of a public emergency arising out of an accident or unforeseen occurrence (GML Section 103); (5) Purchase of surplus or second –hand supplies, materials or equipment from the federal government, the State of New York or any other political subdivision, district or public benefit corporation (GML Section 103); (6) Contracts for professional services or those requiring special or technical skill or expertise; (7) Where the subject of the contract is controlled by a sole source so that there is no possibility of competition; (8) Purchases made under county contract (GML Section103); and (9) True leases (GML Section 103). (10) Purchases which comply with the attached Piggybacking Policy C. The decision that a purchase or public works contract is not subject to competitive bidding must be documented in writing by the person making the purchase or contract for services (“purchaser”). This documentation may include Town Board resolutions, minutes or memoranda, written or verbal quotes from vendors, telephone logs (for verbal quotes), requests for proposals (RFP), written or verbal proposal from contractors, contracts (e.g. copies of State/County contracts), a copy of the contract or proposal indicating the source which makes the item or which will provide the service, checklists, flowcharts, a memo from the purchaser indication how the decision was arrived at, and /or detailing the circumstances which led to an emergency purchase, or any other written documentation this is appropriate. 3 | P a g e SECTION II All goods and services which are not subject to completive bidding or otherwise provided for in the policy will be secured by use of written Requests for Proposal (RFP), written quotations or any other method that assures goods and services will be procured at the lowest price and that favoritism will be avoided. SECTION III A. The following methods of procurement will be used when required by this procurement policy in order to achieve the highest savings: Estimated Amount of purchase contract Method Up to $300.00 discretion of purchaser $300.00 to $2,000.00 oral request for goods, oral quotes From at least two vendors $2,000.00 to $4,000.00 oral request for goods, written or fax Quotes from at least two vendors $4,000.00 to $20,000.00 written RFP, written or fax quotes From three or more vendors Estimated amount of public works contract Method Up to $600.00 discretion of purchaser $600.00 to $3,000.00 oral request, oral proposal from contactor $3,000.00 to $12,000.00 written RFP, written or fax proposals from at least two competitors 4 | P a g e $12,000.00 to $35,000.00 written RFP, written of fax proposals from three or more competitors B. A written RFP shall describe the desired good or services to be performed, including the quality and particulars of delivery or performance. The purchaser shall compile a list of all vendors from whom proposal/quotes have been requested and from whom proposals/quotes are received. C. A good faith effort shall be made to obtain the required number of proposals or quotation s. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made to obtain such proposals or quotations. In no event shall a failure or inability to obtain proposals or quotations be a bar to procurement. D. All information gathered in complying with the procedures of this policy shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract. SECTION IV The lowest responsible quote or proposal shall be awarded the purchase or public works contract unless the purchaser prepares a written justification providing reasons why it in the best interest of the Town and its taxpayers to make an award to other than the lowest bidder ot proposer. If a bidder ir proposer is not deemed responsible, facts supporting the judgment shall be documented and filed with the records supporting the procurement. SECTION V In accordance with the General Municipal Law Section 104-b(2)(f), the solicitation of alternative quotations or proposals will not be required but must be documented in writing where, in the best interest of the municipality, proper qualifications are not necessarily found in the individual or company that offers the lowest price, and the n ature of goods or services are such that they do not readily lend themselves to competitive procurement procedures, as in the following circumstance: A. Professional services or services requiring special or technical skill, training or expertise. Professional and technical services shall include, but not limited to the following: 1. Services of an attorney; 2. Services of a physician; 5 | P a g e 3. Technical services of an engineer or architect engaged to prepare plans, maps and estimates: 4. Securing insurance coverage and/or services of an insurance broker; 5. Services of a certified public accountant; 6. Investment management services; 7. Printing services involving extensive writing, editing or artwork; 8. Management of municipally owned property; and 9. Computer software or programming services for customized programs or services involved in substantial modifications and customizing or prepackaged software. B. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. In determining whether a service fits into this category, the Town Board shall take into consideration the following guidelines: 1. Whether the services are subject to state licensing or testing requirement; 2. Whether substantial formal education or training is a necessary prerequisite to the performance of the services; and 3. Whether the services require a personal relationship between the individual and municipal officials. SECTION VI Except when directed by the Town Board, no solicitation of written proposals or quotation as otherwise provided for in this policy shall be required under the following circumstances: A. Contracts for emergency purchase or services pursuant to General Municipal Law Section 104(4). Due to the nature of this exception, these goods or services must be purchased immediately and a 6 | P a g e delay in order to seek alternative proposals may threaten life, health, safety or welfare of the residents of the Town. This section does not preclude alter nate proposals it time permits. B. Procurements for which there is no possibility of competition (sole source items). C. Goods under $300.00 and public works contracts for less than $600.00. The time and documentation required to purchase through this procurement policy may be more costly than the item itself and therefore not be in the best interest of the taxpayers. In addition, it not likely that the awarding of such de minimis contracts would be based on favoritism. SECTION VII No portion of this policy shall be construed as preventing the competitive bidding of purchase contracts under $20,000.00 or public works contracts under $35,000.00 if so desired. SECTION VIII This policy shall be reviewed periodically by the Town Board SECTION IX TOWN OF VIRGIL PROCUREMENT POLICY TO ALLOW PIGGYBACKING Many local governments have been approached by vendors offering goods and services under other governmental contracts and, in some cases, vendors have asserted that the contract falls within the exception in GML §103. It is the responsibility of Virgil Town Board to review each proposed procurement to determine, on advice of the town’s counsel what’s appropriate and whether the procurements falls within the exception . The three prerequisites that must be met in order for a procurement of apparatus, materials, equipment and supplies, and related installation, repair and maintenance services , to fall within this exception: 7 | P a g e 1. The contract must have been let by the United States or any agency thereof, any state or any other political subdivision or district therein. Therefore, there must be an underlying contract let by one of the listed governmental entities. Contracts developed for use by local governments that are let by private parties (e.g., a private company, association or not-for-profit corporation is the party awarding the contract to the vendor), and not by the United States or any agency thereof, any state or any other political subdivision or district therein, would not fall within the exception. The phrase “any state or other political subdivision or district therein” clearly includes other states, and political subdivisions in other states. In our view, it also includes New York State political subdivisions. Therefore, in addition to the current competitive bidding exception for certain purchases through contracts of New York State counties (County Law § 408-a; GML § 103 [3]), local governments also may purchase through qualifying contracts let by other New York State political subdivisions under this exception. 2. The contract must have been made available for use by other governmental entities. Thi s means that the other governmental entity has taken steps to make its contract available for New York local governments. In general, this would occur by inclusion in the contract let by the other entity of a clause extending the terms and conditions of the contract to other governmental entities. Unilateral offers by vendors to extend contract pricing and other terms and conditions would not fall within the exception. 3. The contract must have been “let to the lowest responsible bidder or on the basis of be st value in a manner consistent with this section.” The term “consistent with this section” refers to General Municipal Law § 103 (and related case law) applicable to New York State political subdivisions. The purchasing local government would need to obtain background information on the procedures used to let the contract and, as necessary, consult with its counsel, to determine whether this prerequisite is met. Additional guidance on complying with this prerequisite follows. DETERMINING CONSISTENCY WITH GML § 103 In order for a non-New York contract to have been let to the lowest responsible bidder or on the basis of best value (competitive offering)3 in a manner “consistent” with GML § 103, the procedures used by that government need not be exactly the same as those under GML § 103. Rather, the procedures for letting the non-New York contract must be in harmony or general agreement with, and further the same principles as the competitive bidding or best value requirements of GML § 103.4 In this regard , the courts in this state have stated that the underlying purposes of GML § 103 are to guard against favoritism, improvidence, extravagance, fraud and corruption, and to foster honest competition in order that the local government may obtain the best goods and services at the lowest possible price to protect the public fiscally. Based on the provisions of GML § 103 as construed by the courts in this State, and the underlying purposes of GML § 103, we believe there are four fundamental elements that should be present in the procedures used by the non-New York entity in letting its contract in order for the process to have 8 | P a g e been let to the lowest responsible bidder or on the basis of best value consistent with GML § 103. These elements are: Public solicitation of bids or, in the case of best value, offers. A public solicitation is c onsistent with the statutory advertising requirement in GML § 103, and serves to ensure that the purposes of GML § 103 are furthered. Submission of sealed bids or offers, or analogous procedures to secure and preserve the integrity of the process and confidentiality of the bids or offers submitted. A secure competitive bidding or best value process is consistent with the sealed competitive bidding and competitive offering requirements of GML § 1037 and helps foster honest competition and guard against col lusion. Preparation of specifications or a similar documentation provides a common standard for bidders or proposers to compete fairly. Consistent with the purposes of GML § 103, the contracting entity, in advance of the submission of bids or offers, should convey the nature of the goods or services and other information necessary for prospective bidders or proposers to make an intelligent evaluation and bid or offer, without being unduly restrictive. In the case of a best value process, this generally s hould include a description of the manner in which the evaluation of the offers and award of the contract will be conducted and, as appropriate; identify the relative importance or weight of price and non -price factors. Award to the lowest bidder who materially or substantially meets the bid specifications and is determined to be a responsible bidder, or in the case of a best value process, an award to the responsive and responsible proposer which optimizes quality, cost and efficiency, reflecting objective and quantifiable analysis, whenever possible. A contract awarded through a negotiation process would not be consistent with the requirements and purposes of awarding to the lowest responsible bidder or on the basis of best value in a manner consistent with GML § 103. OTHER FACTORS TO CONSIDER; INTERNAL CONTROLS Contractual Relationship: By placing an order with the contract vendor, the Purchasing local government generally will be entering into a contractual relationship with that vendor in accordance with the terms and conditions of the contract. Accordingly, local officials, in consultation with the attorney for the local government as necessary, should carefully review those terms and conditions before making the purchase. In some cases, the contract may have been let in a manner consistent with GML § 103, but the terms and conditions of the contract may conflict with other New York State laws or regulations. This could result in the local government being unable to use the contract. Audit of Claims: The payment to the contract vendor will be subject to standard procedures for claims processing, including audit of claims procedures. Cost Savings Justification: Unlike recent amendments to GML §§ 103 and 104 9 | P a g e pertaining to county and certain federal contracts (e.g. L 2003, ch 62; L 2011, ch 97), GML § 103 does not expressly require local governments to consider whether the contract will result in cos t savings. Nonetheless, local officials should perform a cost-benefit analysis before utilizing this exception. This will help ensure that the local government is furthering the underlying purposes of the new law, and that the procurement is consistent with the purposes of GML § 103. The analysis should be used to demonstrate whether “piggybacking” is cost effective and should consider all pertinent cost factors, including any potential savings on the administrative expense that would be incurred if the loc al government initiated its own competitive bidding or best value process. Documentation: Local governments should maintain appropriate documentation to allow for a thorough review of the decision to use this exception to competitive bidding by local government officials, external auditors and taxpayers. This documentation may include such items as copies of the contract, analysis of the contract to ensure it meets the three prerequisites stated above, and cost savings analysis including consideration of other procurement methods. PROCUREMENTS BELOW THE BIDDING MONETARY THRESHOLD; POLICIES AND PROCEDURES As noted, GML § 103 provides an exception to the requirements of subdivision one of that section. However, procurements that are below the monetary thresholds set forth in Section 103 (1)13 (or otherwise fall within another exception, such as emergency purchases)14 already are exempt from the requirements of GML § 103. Those procurements, instead, are subject to the local government’s own procurement policies and procedures adopted pursuant to GML § 104 -b. Therefore, whether a local government may make purchases that are below the statutory thresholds by “piggybacking” on contracts let by governmental entities listed in GML § 103 (16) will be governed by the local government’s own procurement policies. SECTION X Town of Virgil procurement policy concerning NJPA. The Town of Virgil recognizes the National Joint Powers Alliance® as a national public service agency committed to serving its Members nationally and locally through a variety of valued programs. As a public agency, they are committed to providing cooperative solutions that assist Government and Education entities as they strive for efficient public service. The town of Virgil’s Member number is 94417. Per. N.Y. GEN. MUN. §103 [Expires and deemed repealed Aug. 1, 2017, pursuant to L.2012, c. 308, § 2.] Notwithstanding the provisions of subdivisions one, two and three of this section, and section one hundred four of this 10 | P a g e article, any officer, board or agency of a county, political subdivision or of any district therein authorized to make purchases of apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, may make such purchases, or may contract for such services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, as may be required by such county, political subdivision or district therein through the use of a contract let by the United States of America or any agency thereof, any state or any other county or political subdivision or district therein if such contract was let in a manner that constitutes competitive bidding consistent with state law and made available for use by other governmental entities. The authority provided to counties, political subdivisions and districts therein pursuant to this subdivision shall not relieve any obligation of such county, political subdivision or district therein to comply with any applicable minority and women-owned business enterprise program mandates and the preferred source requirements of section one hundred sixty-two of the state finance law. It is the responsibility of Virgil Town Board to review each proposed procurement to determine on advice of the town’s counsel what’s appropriate and whether the procurements falls within the exception . 11 | P a g e TOWN OF VIRGIL SEXUAL HARASSMENT POLICY Policy Statement - While it prohibits all forms of harassment, the Town of Virgil explicitly prohibits sexual harassment of its employees and non-employees in the workplace, at job sites, at social functions sponsored by the Town of Virgil, both on and off Town premises and on business-related travel. Specifically, sexual harassment means unwelcome sexual advances, requests for sexual favors and/or other verbal or physical conduct of a sexual nature when any of the following conditions exist: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive working environment. The Town of Virgil has a responsibility to maintain a workplace free from any form of sexual harassment. The Town does not tolerate actions by heads of staff that threatens or insinuate, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect any condition of employment or career development. The responsibility for maintaining a workplace free of any form of sexual harassment is not limited to Department Heads. All employees, vendors, suppliers, visitors and customers of the Town are prohibited from engaging in conduct including, but not limited to: 1. Sexual flirtations, touching, advances or propositions; 2. Verbal abuse of a sexual nature (e.g. swearing, jokes or comments of a sexual nature); 3. Graphic or suggestive comments about an individual's dress or body; 4. Using sexually degrading words to describe an individual; and/or 5. Displaying sexually suggestive objects or pictures including, but not limited to, photographs, calendars, electronic communications and posters in the workplace. Sexual Harassment of Non-Employees – Employees of the Town of Virgil are prohibited from sexually harassing vendors, suppliers, visitors, customers or any other non-employee on Town premises, at job sites or at any other work location or while representing the Town. Notice of Policy Violations - An employee who believes that the actions or words of a Department Head, co- worker, vendor, supplier, visitor, customer or any other non-employee constitutes unwelcome sexual harassment has a responsibility to report the behavior to the Town immediately. If the employee is unable to discuss this matter with the Town, the complaint should be directed to the Department Head. Employees who work before or after normal business hours can file a complaint with the Town Supervisor or Department Head at home. The Town will make an immediate and discreet investigation into all complaints received from employees and non- employees. An employee shall not suffer adverse job consequences as a result of filing a complaint related to sexual harassment. Disciplinary Action - Any employee or Department Head who, after investigation, is found to have engaged in sexual harassment of an employee or non-employee will be subject to disciplinary action, up to and including dismissal. Any vendor, supplier, visitor, customer or other non-employee who, after investigation, is found to have sexually harassed a Town of Virgil employee will be subject to appropriate remedial action, as determined by the Department Head and/or Town Board. RESOLUTION # 16-051 TOWN OF VIRGIL SEXUAL HARASSMENT POLICY: Member Stiles motioned to approve the Town of Virgil’s Sexual Harassment Policy. The motion was seconded by Member Snow. Attorney Snyder said he looked at it and it all looked fine to him. Vote: Ayes-Members Snow, Denniston, Stiles, Pelton and Kaminski. Nays- None. Re-Adopted By the Virgil Town Board Jan. 11th 2018 Alane Van Donsel Virgil Town Clerk TOWN OF VIRGIL WORKPLACE VIOLANCE PREVENTION POLICY STATEMENT Approved by the Virgil Town Board on May 12th, 2016 Resolution #16-052 The Town of Virgil is committed to the safety and security of our employees. Workplace violence presents a serious occupational safety hazard to our agency, staff and clients. Workplace Violence is defined as any physical assault or act of aggressive behavior occurring where a public employee performs any work-related duty in the course of his or her employment including but not limited to an attempt or threat, whether verbal or physical, to inflict physical injury upon an employee; any intentional display of force which would give an employee reason to fear or expect bodily harm; intentional and wrongful physical contact with a person without his or her consent that entails some injury; or stalking an employee with the intent of causing fear of material harm to the physical safety and health of such employee when such stalking has arisen through and in the course of employment. Acts of violence against any of our employees where any work related duty is performed will be thoroughly investigated and appropriate action will be taken, including involving law enforcement authorities when warranted. All employees are responsible for helping to create and environment of mutual respect for each other as well as clients and visitors, following all policies, procedures and practices, and for assisting in maintaining a safe and secure work environment. This policy is designed to meet requirements of New York State Labor Law Act 2 §27-b and highlights some of the elements that are found within our Workplace evaluation that is designed to ide ntify the risks of workplace violence to which our employees could be exposed. Authorized Employee Representative(s) will, at a minimum, be involved in: • Evaluating the physical environment • Developing the Workplace Prevention Program; and • Reviewing workplace violence incident reports at least annually to identify trends in the types of incidents reported, if any, and reviewing he effectiveness of the mitigation actions taken. All employees will participate in the annual Workplace Prevention Training Program. The goal of this policy is to promote the safety and well-being of all people in our workplace. All incidents of violence or threatening behavior will be responded to immediately upon notification. All personnel are responsible for notifying the contact person designated below of any violent incidents, threatening behavior, including threats they have witnessed, received, or have been told that another person has witnessed or received. Designated Contact Person: Town of Virgil Supervisor John Kaminski Phone: Home 607-835-6174, Cell 607-423-2565 E-mail: Kaminski@frontiernet.net RESOLUTION # 16-052 TOWN OF VIRGIL WORKPLACE PREVENTION POLICY: Member Stiles motioned to approve the Town of Virgil’s Workplace Prevention Policy. The motion was seconded by Member Denniston. Again Attorney Snyder said he looked over the Workplace Prevention Policy and it looked good to him. Vote: Ayes-Members Snow, Denniston, Stiles, Pelton and Kaminski. Nays- None. Re-Adopted By the Virgil Town Board on Jan. 11, 2018 Alane Van Donsel Virgil Town Clerk 1 Rules and Regulations Of the Virgil Water District #1 Governing the Supply and Use of Water I. Rules, Part of Contract The following rules and regulations are adopted by the Town Board of Virgil, NY and shall be a part of the contract with any person who is supplied with water or whose property is supplied with water by the Virgil Water District #1 and every such person taking water or whose property is supplied with water shall be bound thereby. II. Applications and Permits 1. Any person desiring the introduction of a service or supply pipe into their premises or additional pipes or fixtures or the discontinuance of any particular use of water or the alteration of any pipes and fixtures other than repairing of a leak or the replacing of a fixture with another one to be used for the same purpose, except beyond a point where the water passes through a meter must make application at the office of the Town Cleck on a blank form for that purpose stating fully the fixtures or alteration wanted and for the purpose they are to be used and the reason for wishing a service or supply pipe and the necessity thereof. 2. Each application must state the name of the person selected to do the work and be signed by the owner of the premises or a duly authorized agent. In the event of the service being laid by the Virgil Town Board preparatory to paving, the Supervisor may sign application. 3. Attached to every permit issued to owners of property by the Town Board will be a blank form which must state the name of the person selected to do the work and be signed by the same person who signed the application for it. The above mentioned blank form must be delivered to the plumber whose name is stated thereon and he must present it at the office of the Town Clerk and secure permit to do the work. 4. When application is duly made as designated above and if it is the opinion of the Town Board that the service is needed and should be laid, a permit will be issued upon payment by applicant of any fees or charges for tapping and any material for laying said service that the Town Board may wish to furnish. 5. When application is duly made as designated above, a permit will be issued for the placing of fixtures or the alteration or discontinuance of any pipes or fixtures in an unoccupied house or building. 2 6. When application is duly made as designated above for the introduction or addition or al teration of any pipes or fixtures in an occupied house, a permit will be issued when payment is made for the use of water for the purpose desired, until the next regular date of collection. 7. When application is duly made as designated above, a permit will be issued to set a meter upon payment of the price of the meter providing it is to cover all fixtures or outlets on service pipe except fire protection. 8. When application is duly made as designated above, a permit will be issued for the discontinuance of any fixture or particular use of water. III. Services 1. The introduction of service pipes into premises must be at owner’s expense and they will be required to extend said service at right angles with main pipe its entire length, placing a curb cock and curb box of such material and pattern as the Virgil Water District may require, as such place as designated by the Virgil Water District at grade where it must be maintained at all times in perfect order and repair. 2. A separate tap is required for each building supplied with water. The Virgil Water District representative will determine the size of the tap to be inserted in any water main and the material, form and size of curb box to be used under any application and permit. 3. In the opening of a street or public grounds for the introduction of any water service pipe or connection under authority of a permit from the Virgil Water District representative, the owner will be held responsible for the trench opened and any liability resulting from the open trench. 4. Whenever any street or public ground is opened for making a connection with or laying any water pipe, or fixtures, public safety or convenience shall be duly regarded and conserved by the construction of such bridges across open trenches as may be required to accommodate business and to insure safety to the public. Signal lights and all such other means of protection against accident must be provided, as required by the town board.. 5. Service pipes will be required to be laid not less than four feet below the surface of the earth at any point to the inside of the foundation wall of the building into which the water service is introduced; and in case the final grade of the street or sidewalk has been officially determined and established, then the said service pipe shall be laid at a depth of not less than four feet below said established grade at all points, so that when the street and walk are graded, there shall be not less than four feet covering of earth over it at any point and in no case will a service pipe be permitted to be laid in the same trench or within six feet of a sewer, gas, steam, electrical, or other conduit, any part of the distance from main pipe to building. Service pipes must not be laid any deeper than approved by the Virgil Water District representative. 6. In case a private line is desired along a street or highway to supply the residents thereof with water, the same and the services therefore must be laid according to the rules and regulations of the Virgil Water District representative and be of such size and material and so located as the Town Board may designate. 3 7. No service pipe except such as shall be approved by the Virgil Town Codes Officer, shall be laid in any trench, nor under any cellar floor, nor be covered by earth, except b eyond the point where the water passes through a meter. 8. The owner of property into which water is introduced by a service pipe will be required to maintain in perfect order, at his own expense, the said service pipe from the main to his premises, including all fixtures therein provided for delivering or supplying water for any purpose, and in case such service and fixtures are not so kept in repair, the Virgil Water District may shut off the supply of water. And if curb box is not at grade or curb stop does not work freely or needs repairing or any part of the service from said curb stop to main needs repairing, such placing at grade or repairing may be done or any part replaced with new by the Virgil Water District representative and charged to the owner of the premises and treated the same as a charge for water. 9. Owners of premises must assume all liability of damage from leakage of service pipe. IV. General Conditions and Restrictions 1. No person except a regular employee of the Virgil Water District representative shall make any attachment to or connection with the pipes of the Virgil Water District or make any addition to, or alteration of any tap, pipe cock or other fixture connected with pipes supplying water to consumers from said Virgil Water District, unless they have a permit from the town board. 2. No person shall be allowed to open any trench in the streets or public grounds in Virgil Water District #1 for the purpose of laying any service connection with the Water District of the Town of Virgil, neither make any attachment to, nor alteration in any water service pipe, without first obtaining a permit in writing from the Virgil Water District representative. 3. Any injury to service pipes, street mains, hydrants, valves, valve boxes or other fixtures, and any damage that may be caused by leakage or flow of water occasioned by such injury, caused by putting in any sewer, drain or other pipe, or by any excavation, embankment, track laying, paving or other construction shall be paid by the contractor doing the work, or by the owner of the premises, or the person or corporation for whom such work is being done. 4. In all premises where water from the Virgil Water District mains is now supplied by a system of pipes and fixtures for water service, and where the service pipes and fixtures are not of the standard or pattern prescribed in the rules and regulations of the Virgil Water District #1, or where such fixtures and devices for the prevention of damage to the service or of waste of water, as are prescribed in said rules and regulations, are lacking from said system, the owner or owners of said premises shall at any time when so required, by order of the Virgil Town Board, make such changes in addition to said system of fixtures for said water service as shall be required by the Town Board, and at their own expense. Upon the refusal of any person to comply with this rule, the water shall be shut off from the premises. 4 5. Water must not be allowed to run to prevent freezing in the service pipes or their attachment, or for the purpose of flushing soil pipes or sewers, or for cooling purposes or for any other purpose on the premises than those paid for or indicated in the application or permit for the same, and which are allowed by the rules of the Virgil Water District #1, unless the supply shall be through a meter. Any Person violating the provisions of this rule will be required to use a meter, otherwise the water shall be shut off. 6. The Virgil Town Board reserves the right to limit the amount of water furnished to any consumer should circumstances seem to warrant such action, although no limit may be stated in the application or permit for use; or said Virgil Town Board may entirely shut off the water supply used for any manufacturing purpose, or for furnishing power, or for lawn sprinkling, at any time by giving reasonable notice to the consumer of such intended action. 7. And in case of making or constructing new work or in making repairs, the right is reserved to shut off the water from any customer, without notice, for as long a period as may be necessary. 8. It is understood and agreed that the Town of Virgil shall not be liable for any damage which may result to any person or premises or property from the shutting off of the water fr om any main or service for any purpose whatever, even in cases where no notice is given. 9. The Town of Virgil shall not be liable for any damage or loss of any name or kind to property or persons, which may arise from or be caused by any change in or increase of water pressure from any cause whatsoever. 10. The Town of Virgil shall not be liable for any damage resulting from sudden shutting off of the supply of water from any customer deriving its supply from the Virgil Water District #1; but it is intended that suitable notice of such shutting off shall be given to the consumer when practicable. 11. No owner or tenant will be allowed to supply water in any manner or through any fixture or device whatsoever to the occupants of neighboring premises of any description, and if found doing so, said owner will be charged and shall at once pay to the Virgil Water District #1 the scheduled rates for the water so furnished. Upon the refusal of any person to comply with this rule, the water will be shut off from the premises. 12. The owner of any premises which are supplied with water shall be charged for expenses for the repair of service, meters, fixtures and all other appliances connected with such water services, and for damages to the same, and for penalties imposed for violation of any rule of the Virgil Water District #1 by such owner or tenant, and if said sums for any reason cannot be collected from said owner, and the water shall have been turned off on account of such non-payment, no application for water service 5 for such premises shall be granted by the Virgil Water District #1 (notwithstanding the said premises may have changed ownership) until such charges shall have been paid in full to the Virgil Town Clerk. 13. In case a private structure, in which there is no water fixture, is supplied with water, a schedule of rates will be established by resolution of the town board. 14. Any other use of water from a fixture will be charged in addition to the charge for which fixture was placed and if more than one family have access to any fixture or fixtures, a charge will be made to each family the same as the first. 15. A family is herein understood as meaning a single distinct household consisting of one or more persons who live apart from the other occupants of the same building or tenement. 16. Water will not be supplied to any service when the owner thereof is indebted to the Town, unless specally approved by the town board. 17. By authorized agent, in any of the rules and regulations of the Water Board, is meant a person or firm designated by the owner to act for them and such authorization must be given on a blank form furnished by the Virgil Town Board for that purpose. 18. All of the parts of the water service inside the building and the fixtures and appurtenances connected therewith, shall be of such form, character and workmanship as is herein described, or as may be approved by the Virgil Water District representative. 19. The Virgil Water District #1 will supply water through a meter only, to persons where part of the fixtures are supplied with water and other plumbing fixtures on the same premises are supplied from a tank or other independent supply, unless all the plumbing fixtures and uses of water on the premises are paid for. 20. No permit will be issued for the introduction of yard hydrants, lawn boxes or hopper closets unless the service is metered or a permit is issued at the same time for placing of a meter on said service. 21. The Virgil Water District #1 may refuse to supply water to premises where the plumbing has not been done in a proper manner. 22. The Virgil Water District representative, and any persons delegated by him for that purpose, must upon reasonable advanced notice have access to all parts of any premises supplied with water, or having water pipes therein, to examine pipes and fixtures, the quantity of water used and the manner of use. 6 23. No person shall use Virgil Water District #1 unless metered, for flushing sewers, settling earth in ditches, or purposes of a like nature, without a permit from the Town Board and paying for the same in advance. 24. Whenever it is specified in these rules and regulations that notice is to be given regarding anything whatsoever, it must be in writing addressed to the Virgil Town Board. V. Meters 1. The Virgil Water District #1 representative reserves the right to order a meter to be placed on any service pipe at the expense of the owner of premises whenever it is deemed expedient so to do or to place it at the expense of the Virgil Water District #1 if deemed advisable, and thereafter to charge meter rates for water used. All Water passing through a meter will be charged for whether used or wasted. 2. A consumer may purchase a meter and have it placed on his service pipe at his own expense. A meter can only be obtained at the office of the Virgil Water District. Where a meter is used, it shall be placed to cover all the fixtures and must be in a position where it can be conveniently read. Meter must be set level and within one foot of stop and waste cock placed inside the building between the wall and the meter and a stop of such size as designated by the Virgil Water District representative within one foot of outlet meter. 3. In case of a service which is or has been metered, no permission will be given for the use of water except through a meter. 4. Any damage which a meter may sustain, resulting from the carelessness of the owner, his agent or tenant, of from neglect of either of them to properly secure and protect the same, including any damage that may result from allowing said meter to beco me frozen, or to be injured by hot water or steam setting back from a boiler, shall be paid to the Virgil Water District #1 by the owner of the premises, whether the meter is owned by him or by the Virgil Water District #1 and in case such payment is not made, the water may be shut off from said premises without notice and will not be turned on again until all charges are paid. 5. The Virgil Water District representative will keep all meters in repair and working order and within 3% accuracy and charge the expense thereof to owner of premises when meters are not owned by the Virgil Water District representative and in case such payment is not made, water may be shut off from said premises without notice and not turned on again until all charges are paid. 6. When a meter is out for repair or fails to register accurately and during the time it is out for test or repair, the consumer will be charged an estimate in accordance with the amount used in a corresponding period of the previous year, unless more fixtures have been added or it is know n that more water is used, and in such case an amount will be added for such extra use. 7 7. The owner and tenant shall provide ready and convenient access to the meter so that it may frequently be read and examined by the employees of the Virgil Water District #1. 8. Charge will be made for automatic fire sprinkler and fire hydrants or any hose attachments to be used in case of fire when meters are placed on the service, the same as if not metered. 9. No meter shall be set or removed or disturbed by any person without a permit, except an employee of the Virgil Water District #1 VI. Bills and Payment 1. All bills will be mailed to the owner of property and in no event to a tenant and are payable at the office of the Virgil Town Clerk and the failure of anyone to receive a bill will not be considered sufficient reason for not paying within the time given. 2. Bills for metered water will be due and payable quarterly on the first days of January, April, July and October of each year. 3. Any service when bills are not paid in full on or before the 15th day of the abovementioned month in which they are due payable, will have the supply of water discontinued and not turned on again until payment is made in full. A fee will be assessed to the customer’s bill for turning the water off. A fee will be charged for turning the water back on together with any expenses that may be incurred or repairing, raising to grade or placing of a new curb cock and box on service in order to turn it off. 4. Where the water is turned on at the curb, the use from all fixtures connected with the pipes must be paid for, whether they are in actual service or not. In case any particular fixture is not desired for use, yet such fixtures must be paid for until the same is disconnected from the service by the Virgil Town Water District representative and his report is filed at their office. 5. Meter readings will only be entered on the books of the Virgil Water District #1 on the first days of January, April, July and October each year and must be paid by the person owning the premises on such dates from the time of last reading regardless of who may have used the water. VII. Hydrants and Valves 1. All street hydrants are under control of the Virgil Water District #1. No person except an employee of the Virgil Water District #1, or the Fire Department, or a person permitted by the Virgil Town Board in writing, to take water there from, shall disturb any hydrant, or any part thereof, or take any water there from under any circumstances what-so-ever. 8 2. Any person placing any obstruction that would prevent free access to any fire hydrant shall be subject to a penalty, to be established by town board resolution. 3. No person shall use a wrench for opening hydrants except a wrench furnished by the Virgil Water District #1 for the purpose 4. No person except an employee of the Virgil Water District #1 shall open, close or in any way, interfere with any valve or gate in any water main, conduit or street pipe 5. Any person who has disturbed or displaced a valve box so that the valve stem cannot be reached by a key, or who has covered a valve box or a manhole cover of a valve chamber with dirt, paving , wood or other material shall immediately replace the valve box and remove the obstruction. VIII. Fees and Penalties 1. Any person found to be guilty of violating of any provision of these rules and regulations shall be guilty of an offense. The Penalty for such an offense shall be no more than $250 per violation. 2. Application fees, fees to commence or terminate water service, inspection fees, and all other fees will be set from time to time by resolution of the Virgil Town Board. Approved by the Virgil Town Board on _____December 11th, 2014___________________ Resolution #_14-096_ Alane Van Donsel Date: RESOLUTON #14-096 WATER DISTRICT POLICY: Supervisor Kaminski said that the Water District Policy has been edited by attorney Snyder. Member Stiles Motioned to accept the Water District #1 Policy as p resented. The motion was seconded by member Snow. Vote: Ayes-Members Taylor, Snow, Stiles, Applegate and Kaminski. Nays- None Dated: Dec. 11th 2014 Virgil Town Clerk SEWER RULES, REGULATIONSAND STANDARDS TOWN OF VIRGIL SEWER DISTRICT #1 Virgil, New York Cortland County Town of Virgil 1176 Church Street Virgil, New York 10345 (607)835-6174 Adopted by the Virgil Town Board on January14th 2016 TABLE OF CONTENTS I. Rules, Part of Contract II. APPICATIONS AND PERMITS FOR SEWER SERVICE III. SERVICES IV. GENERAL CONDITIONS AND RESTRICTIONS V. METERS VI. BILLS AND PAYMNETS V. FEES AND PENALTIES I. Rules, Part of Contract The following rules and regulations are adopted by the Town Board of Virgil, NY and shall be a part of the contract with any person who’s property is using Sewage District #1 or whose property is supplied with sewage pipes by the Virgil Sewer District #1 and every such person putting sewage into the sewage treatment plant shall be bound thereby. II. Applications and Permits 1. Any person desiring the introduction of a service or drainage pipe into their premises or additional pipes or fixtures or the discontinuance of any particular use of sewage pipes or the alteration of any pipes and fixtures other than repairing of a leak or the replacing of a fixture with another one to be used for the same purpose, except beyond a point where the sewage passes through a meter must make application at the office of the Town Clerk on a blank form for that purpose stating fully the fixtures or alteration wanted and for the purpose they are to be used and the reason for wishing a service or drainage pipe and the necessity thereof. 2. Each application must state the name of the person selected to do the work and be signed by the owner of the premises or a duly authorized agent. In the event of the service being laid by the Virgil Town Board preparatory to paving, the Supervisor may sign application. 3. Attached to every permit issued to owners of property by the Town Board will be a blank form which must state the name of the person selected to do the work and be signed by the same person who signed the application for it. The above mentioned blank form must be delivered to the plumber and or engineer whose name is stated thereon and he must present it at the office of the Town Clerk and secure permit to do the work. 4. When application is duly made as designated above and if it is the opinion of the Town Board that the service is needed and should be laid, a permit will be issued upon payment by applicant of any fees or charges for tapping into the sewage system and any material for laying said service that the Town Board may wish to furnish. 5. When application is duly made as designated above, a permit will be issued for the placing of fixtures or the alteration or discontinuance of any pipes or fixtures in an unoccupied house or building by the towns code and zoning Officer. 6. When the application is duly made as designated above for the introduction or addition or alteration of any pipes or fixtures in an occupied house, a permit will be issued when payment is made for the use of the sewage system for the purpose desired, until the next regular date of collection. 7. When the application is duly made as designated above, a permit will be issued to set a meter upon payment of the price of the meter providing it is to cover all fixtures or outlets on service pipe excep t fire protection. 8. When the application is duly made as designated above, a permit will be issued for the discontinuance of any fixture or particular use of sewage. III. Services 1. The introduction of service pipes into premises must be at owner’s expense and they will be required to extend said service at right angles with main pipe its entire length, placing a curb cock and curb box of such material and pattern as the Virgil Sewer District may require, as such place as designated by the Virgil Sewer District at grade where it must be maintained at all times in perfect order and repair. 2. A separate drainage pipe is required for each building supplied with sewage service. The Virgil Sewer District representative will determine the size of the pipe to be installed in any sewer main and the material, form and size of curb box to be used under any application and permit. 3. In the opening of a street or public grounds for the introduction of any sewage service pipe or connection under authority of a permit from the Virgil Sewer District representative, the owner will be held responsible for the trench opened and any liability resulting from the open trench. 4. Whenever any street or public ground is opened for making a connection with or laying any sewage pipe, or fixtures, public safety or convenience shall be duly regarded and conserved by the construction of such bridges across open trenches as may be required to accommodate business and to insure safety to the public. Signal lights and all such other means of protection against accident must be provided, as required by the town board.. 5. Service pipes will be required to be laid not less than four feet below the surface of the earth at any point to the inside of the foundation wall of the building into which the water service is introduced; and in case the final grade of the street or sidewalk has been officially determined and established, then the said service pipe shall be laid at a depth of not less than four feet below said established grade at all points, so that when the street and walk are graded, there shall be not less than four feet covering of earth over it at any point and in no case will a service pipe be permitted to be laid in the same trench or within six feet of a water, gas, steam, electrical, or other conduit, any part of the distance from main pipe to building. Service pipes must not be laid any deeper than approved by the Virgil Sewer District representative. 6. In case a private line is desired along a street or highway to supply the residents thereof with sewer service, the same and the services therefore must be laid according to the rules and regulations of the Virgil Sewer District representative and be of such size and material and so located as the Town Board may designate. 7. No service pipe except such as shall be approved by the Virgil Town Codes Officer, shall be laid in any trench, nor under any cellar floor, nor be covered by earth, except beyond the point where t he water passes through a meter. 8. The owner of property into which sewage service is introduced by a service pipe will be required to maintain in perfect order, at his own expense, the said service pipe from the main to his premises, including all fixtures therein provided for disposing water and sewage for any purpose, and in case such service and fixtures are not so kept in repair, the Virgil Sewer District may shut off the supply of water in order to control the amount of sewage that is generated. And if curb box is not at grade or curb stop does not work freely or needs repairing or any part of the service from said curb stop to main needs repairing, such placing at grade or repairing may be done or any part replaced with new by the Virgil Sewer District representative and charged to the owner of the premises and treated the same as a charge for water. 9. Owners of premises must assume all liability of damage from leakage of service pipe. IV. General Conditions and Restrictions 1. No person except a regular employee of the Virgil Sewer District representative shall make any attachment to or connection with the pipes of the Virgil Sewer District or make any addition to, or alteration of any pipe cock or other fixture connected with pipes supplying water to consumers from said Virgil Sewer District, unless they have a permit from the town board. 2. No person shall be allowed to open any trench in the streets or public grounds in Virgil Sewer District #1 for the purpose of laying any service connection with the Sewer District of the Town of Virgil, neither make any attachment to, nor alteration in any sewer service pipe, without first obtaining a permit in writing from the Virgil Sewer District representative. 3. Any injury to service pipes, street mains, hydrants, valves, valve boxes or other fixtures, and any damage that may be caused by leakage or flow of water occasioned by such injury, caused by putting in any sewer, drain or other pipe, or by any excavation, embankment, track laying, paving or other construction shall be paid by the contractor doing the work, or by the owner of the premises, or the person or corporation for whom such work is being done. 4. In all premises where sewage to the Virgil Sewer District mains is now sent by a system of pipes and fixtures for sewer service, and where the service pipes and fixtures are not of the standard or pattern prescribed in the rules and regulations of the Virgil Sewer District #1, or where such fixtures and devices for the prevention of damage to the service or of waste of water, as are prescribed in said rules and regulations, are lacking from said system, the owner or owners of said premises shall at any time when so required, by order of the Virgil Town Board, make such changes in addition to said system of fixtures for said water service as shall be required by the Town Board, and at their own expense. Upon the refusal of any person to comply with this rule, the water shall be shut off from the premises in order to control the flow of sewage. 5. Water must not be allowed to run to prevent freezing in the service pipes or their attachment, or for the purpose of flushing soil pipes or sewers, or for cooling purposes or for any other purpose on the premises than those paid for or indicated in the application or permit for the same, and which are allowed by the rules of the Virgil Sewer District #1, unless the supply shall be through a meter. Any Person violating the provisions of this rule will be required to use a meter, otherwise the water shall be shut off. 6. The Virgil Town Board reserves the right to limit the amount of water furnished to any consumer should circumstances seem to warrant such action, although no limit may be stated in the application or permit for use; or said Virgil Town Board may entirely shut off the water supply used for any manufacturing purpose, or for furnishing power, or for lawn sprinkling, at any time by giving reasonable notice to the consumer of such intended action. 7. And in case of making or constructing new work or in making repairs, the right is reserved to shut off the water from any customer, without notice, for as long a period as may be necessary. 8. It is understood and agreed that the Town of Virgil shall not be liable for any damage which may result to any person or premises or property from the shutting off of the water from any main or service for any purpose whatever, even in cases where no notice is given. 9. The Town of Virgil shall not be liable for any d amage or loss of any name or kind to property or persons, which may arise from or be caused by any change in or increase of water pressure from any cause whatsoever. 10. The Town of Virgil shall not be liable for any damage resulting from sudden shutting off of the supply of water from any customer deriving its supply from the Virgil Water District #1; but it is intended that suitable notice of such shutting off shall be given to the consumer when practicable. 11. No owner or tenant will be allowed to supply water in any manner or through any fixture or device whatsoever to the occupants of neighboring premises of any description, and if found doing so, said owner will be charged and shall at once pay to the Virgil Water District #1 the scheduled rates for the water so furnished. Upon the refusal of any person to comply with this rule, the water will be shut off from the premises. 12. The owner of any premises which are supplied with sewer services shall be charged for expenses for the repair of service, meters, fixtures and all other appliances connected with such water and sewer services, and for damages to the same, and for penalties imposed for violation of any rule of the Virgil Sewer District #1 by such owner or tenant, and if said sums for any reason cannot be collected from said owner, and the water shall have been turned off on account of such non-payment, no application for water service for such premises shall be granted by the Virgil Sewer District #1 (notwithstanding the said premises may have changed ownership) until such charges shall have been paid in full to the Virgil Town Clerk. 13. A family is herein understood as meaning a single distinct household consisting of one or more persons who live apart from the other occupants of the same building or tenement. 14. Water and Sewer services will not be supplied to any service when the owner thereof is indebted to the Town, unless specially approved by the town board. 15. By authorized agent, in any of the rules and regulations of the Town Board, is meant a person or firm designated by the owner to act for them and such authorization must be given on a blank form furnished by the Virgil Town Board for that purpose. 16. All of the parts of the sewer service inside the building and the fixtures and appurtenances connected therewith, shall be of such form, character and workmanship as is herein described, or as may be approved by the Virgil Sewer District representative. 17. The Virgil Sewer District #1 will supply Sewer service through a meter only, to persons where part of the fixtures are supplied with plumbing fixtures on the same premises are supplied from a tank or other independent supply, unless all the plumbing fixtures and uses of water on the premises are paid for. 18. The Virgil Sewer District #1 may refuse to supply sewer services to premises where the plumbing has not been done in a proper manner. 19. The Virgil Sewer District representative, and any persons delegated by him for that purpose, must upon reasonable advanced notice have access to all parts of any premises supplied with sewer services, or having sewer pipes therein, to examine pipes and fixtures, the quantity of water used and the manner of use. 20. No person shall use Virgil Sewer District #1 unless metered, for flushing sewers, settling earth in ditches, or purposes of a like nature, without a permit from the Town Board and paying for the same in advance. 21. Whenever it is specified in these rules and regulations that notice is to be given regarding anything whatsoever, it must be in writing addressed to the Virgil Town Board. V. Meters 1. The Virgil Sewer District #1 representative reserves the right to order a meter to be placed on any service pipe at the expense of the owner of premises whenever it is deemed expedient so to do or to place it at the expense of the Virgil Sewer District #1 if deemed advisable, and thereafter to charge meter rates for sewer services used. All sewage passing through a meter will be charged for. 2. A consumer may purchase a meter and have it placed on his service pipe at his own expense. A meter can only be obtained at the office of the Virgil Water and Sewer District. Where a meter is used, it shall be placed to cover all the fixtures and must be in a position where it can be conveniently read. Meter must be set level and within one foot of stop and waste cock placed inside the building between the wall and the meter and a stop of such size as designated by the Virgil Sewer District representative within one foot of outlet meter. 3. In case of a service which is or has been metered, no permission will be given for the use of sewer except through a meter. 4. Any damage which a meter may sustain, resulting from the carelessness of the owner, his agent or tenant, of from neglect of either of them to properly secure and protect the same, including any damage that may result from allowing said meter to become frozen, or to be injured by hot water or steam setting back from a boiler, shall be paid to the Virgil Sewer District #1 by the owner of the premises, whether the meter is owned by him or by the Virgil Sewer District #1 and in case such payment is not made, the water may be shut off from said premises without notice and will not be turned on again until all charges are paid. 5. The Virgil Sewer District representative will keep all meters in repair and working order and within 3% accuracy and charge the expense thereof to owner of premises when meters are not owned by the Virgil Sewer District representative and in case such payment is not made, water may be shut off from said premises without notice and not turned on again until all charges are paid. 6. When a meter is out for repair or fails to register accurately and during the time it is out for test or repair, the consumer will be charged an estimate in accordance with the amount used in a corresponding period of the previous year, unless more fixtures have been added or it is known that more water is used, and in such case an amount will be added for such extra use. 7. The owner and tenant shall provide ready and convenient access to the meter so that it may frequently be read and examined by the employees of the Virgil Sewer District #1. 8. Charge will be made for automatic fire sprinkler and fire hydrants or any hose attachments to be used in case of fire when meters are placed on the service, the same as if not metered. 9. No meter shall be set or removed or disturbed by any person without a permit, except an employee of the Virgil Sewer District #1 VI. Bills and Payment 1. All bills will be mailed to the owner of property and in no event to a tenant and are payable at the office of the Virgil Town Clerk and the failure of anyone to receive a bill will not be considered sufficient reason for not paying within the time given. 2. Bills for metered water will be due and payable quarterly on the first days of January, April, July and October of each year. 3. Any service when bills are not paid in full on or before the 15th day of the abovementioned month in which they are due payable, will have the supply of water discontinued and not turned on again until payment is made in full. A fee will be assessed to the customer’s bill for turning the water off. A fee will be charged for turning the water back on together with any expenses that may be incurred or repairing, raising to grade or placing of a new curb cock and box on service in order to turn it off. 4. Where the water is turned on at the curb, the use from all fixtures connected with the pipes must be paid for, whether they are in actual service or not. In case any particular fixture is not desired for use, yet such fixtures must be paid for until the same is disconnected from the service by the Virgil Town Sewer District representative and his report is filed at their office. 5. Meter readings will only be entered on the books of the Virgil Water and Sewer District #1 on the first days of January, April, July and October each year and must be paid by the person owning the premises on such dates from the time of last reading regardless of who may have used the water. VII. Fees and Penalties 1. Any person found to be guilty of violating of any provision of these rules and regulations shall be guilty of an offense. The Penalty for such an offense shall be no more than $250 per violation. 2. Application fees, fees to commence or terminate water and sewer service, inspection fees, and all other fees will be set from time to time by resolution of the Virgil Town Board. Approved by the Virgil Town Board on January 14th 2016 Resolution #16-017 Alane Van Donsel Date: Virgil Town Clerk