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Home My WebLink About08-09-2018 Town Board Meeting Agenda PacketTOWN OF VIRGIL REGULAR TOWN BOARD MEETING August 09, 2018 6:30 PM 6:15 PM Public Hearing regarding Local Law #4 of 2018 Amending the Town’s Zoning Law Legal Notice for Public Hearing Local Law #4 of 2018 6:30 PM CALL TOWN BOARD REGULAR MEETING TO ORDER A.APPROVE MINUTES 1.Draft of Town Board Meeting Minutes July, 12, 2018 Draft Town Board Minutes July 12th 2018 2.Draft of Town Board special meeting minutes dated July 23rd, 2018 Draft Town Board Special Meeting Minutes July 23rd 2018 B.AUTHORIZATION TO PAY BILLS 1.General fund Abstract of Audited General Fund Vouchers Aug. 2018 2.Highway Fund Abstract of Audited Highway Fund Vouchers Aug. 2018 3.Sewer District #1 Abstract of Audited Sewer District Vouchers Aug. 2018 4.Water District #1 Abstract of Audited Water District Vouchers Aug. 2018 C.MONTHLY REPORTS 1. Town Supervisor’s Monthly Report Supervisor's Monthly Report July 2018 Reserve Fund Report Bookkeepers Monthly Check Report- 7-18 2.Town Clerk’s Monthly Report- July 2018 Town Clerk's Monthly Report for July 2018 3.Tax Collectors Report Tax Collector's Final Report for Aug. 2018 4.Sewer District’s Operations Report Camden Virgil Monthly 7.18 Camden VirgilMOR Camden dmrSubmission 5.Water District’s Operations Report W2Operator's Water Report August 18 6.Animal Control Officer’s Report 7.Code Enforcement Officer’s Report Codes Officer July 2018 Daily report for Virgil Codes Officer July 2018 Virgil monthly report 8.County Legislator’s Report Legislator's Report- Aug 2018 9.Virgil Youth Commission Report 10.Hope Lake Operations Report 11.Highway Superintendent Report Highway Superintendents's Monthly Report July 2018 Highway Gas Report- July 2018 Highway Diesel Report- July 2018 12.Historians Annual Report Historian's Yearly Report D.OLD BUSINESS 1.Bid Results on the Roller Bid Results on the 2002 Newer American AC110 Vibratory Roller 2.Update on Hope Lake Park Dredging DEC Public Notice for Hope Lake Dredging 3.Update on YAWS Law Suite YAWS Ltr to Judge Keene 4.Update on Worker’s Compensation Local Law 9 of 2016 Amending Local Law 1 2008 Which Est a Plan of Mutual... E.NEW BUSINESS 1.Approve Local Law #4 of 2018- Amending the Town’s Zoning Law Propoed Local Law #4 of 2018 2.Closing of the Transfer Station for Repairs 3.Set the Dates for Budget Workshops 4.Virgil Yard Sales Aug. 11th 9:00-2:00 5.Oil and Stone Town Hall Parking lot and Hope Lake Park 6.Sales Tax Report Sales Tax Report 7.Budget Amendments Budget Amendments C.ADJOURN REGULAR TOWN BOARD MEETING TOWN OF VIRGIL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Virgil Town Board will hold a Public Hearing regarding proposed amendments to the town’s zoning law. The amendments would reduce the minimum road frontage for certain lots from 350 to 250 feet, and it would allow certain additional uses subject to a special permit. The public hearing will be held on August 9, 2018 at 6:15 PM at the Virgil Town Hall, 1176 Church Street, Virgil NY 13045. Copies of the proposed local law may be obtained at the Virgil town hall, and may be viewed on the town website, www.virgilny.org. Alane Van Donsel Virgil Town Clerk Virgil Town Board Meeting July 12th, 2018 1 | P a g e TOWN OF VIRGIL REGULAR MEETING July 12th, 2018 PRESENT: Supervisor John Kaminski, Board Members Jereme Stiles, Eric Snow, Matt Denniston, Gary Pelton, Attorney for the Town Pat Snyder, Town Clerk/Collector Alane Van Donsel, David Coish Camden Group, Doug Withey W2Operators, Highway Superintendent Britt Morse, Sandy Price County Legislator, Wes Kryger Greek Peak, Teri Pelton, Peggy Ivie, C. Anne Hulburt, Carol Rehkugler. 6:30 PM –THE REGULAR MEETING WAS CALLED TO ORDER Supervisor Kaminski called the meeting to order, followed by the salute to the flag. RESOLUTION #18-073 APPROVAL OF MINUTES Draft of the Regular Board Meeting Minutes dated June 14th, 2018: Member Stiles moved to approve the minutes for June 14th, 2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None Resolution CDC- Stacy Bradley- RESOLUTION# 18-074 AUTHORIZATION TO PAY BILLS GENERAL FUND FOR JUNE 2018 NUMBER 07: Member Denniston moved to approve payment of the General Fund’s audited vouchers numbered 192-218 in the amount of $19,072.94. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None. HIGHWAY FUND FOR JUNE 2018 NUMBER 07: Member Denniston moved to approve payment of the Highway Fund audited vouchers numbered 1136-1156 with voucher number 1157 in the amount of $8111.12 approving the amended amount of $81412.51. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None VIRGIL WALKING TRAIL FUND JUNE 2018 07: Member Denniston moved to approve payment of the Virgil Walking Trail Project audited vouchers numbered 4001 in the amount of $800.00. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None SEWER DISTRICT #1 FUND FOR JUNE 2018 NUMBER 07: Member Denniston moved to approve payment of the Sewer District #1 audited voucher’s numbered 2061-2065, in the amended amount of $5,035.94 as voucher # 3036 in the amount of $73.88 should have been paid from the sewer district fund. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None They questioned WATER DISTRICT #1 FUND FOR JUNE 2018 NUMBER 07: Member Denniston moved to approve payment of the Water District #1 audited vouchers 3033-3037 in the amended amount of $3,291.10, as voucher #3036 was moved to the sewer districts account. Member Stiles seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None One goes to waste water. MONTHLY REPORTS SUPERVISOR’S MONTHLY REPORT FOR JUNE 2018 LONG FORM: Member Stiles moved to accept the Supervisor’s Monthly Report in long form for June 2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays –None SUPERVISOR’S MONTHLY REPORT FOR MAY 2018 LONG FORM: Member Stiles moved to accept the Supervisor’s Monthly Report in long form for May 2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays –None TOWN CLERK’S MONTHLY REPORT FOR JUNE 2018: Member Stiles moved to accept the Town Clerks Monthly Report for June 2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None TAX COLLECTORS CLOSING REPORT FOR 2018: Member Stiles moved to accept the Tax Collector’s closing Report of 2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None Virgil Town Board Meeting July 12th, 2018 2 | P a g e SEWER DISTRICT OPERATIONS REPORT: Dave Coish was present from the Camden Group. Supervisor John Kaminski said that they needed to talk about the tank next to the road. He said that the town will need to go out to bid on that and he is wondering if Camden has written up the specs. Coish said that Ken Scherrieble is in the process of working with the company engineer. It was asked of Coish if he had a ballpark figure. He wasn’t exactly sure, but he is thinking around $60,000 to $80,000.00. Kaminski said that the board would have to bond for that. There were more questions asked of Coish, like what the tank will be made of etc. Coish said that an all concrete tank would cost a lot less. He said it would be Cast special. Member Pelton asked if they have to take the old tank. It was stated yes and it was state that the Highway Department can take it out. It was stated that only the residents in the sewer district have to pay for the tank. Member Stiles moved to accept the Sewer Districts Report. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None WATER DISTRICT OPERATIONS REPORT: Doug Withey reported that there is a concern on a lot on Kypriotis Drive. He said that someone bought the property and there is no water or any record of water and they want it. It was stated that it is going to have to be at the property owners expense to install it. Withey said that the end of the line is up the road. He said that the main line is there, but not across to the property. He said that there is no sewer line there either. He said that the water line is on the same side of the road. Withey said that they started mowing the ditch lines and they are going around fire hydrants. It was stated that they need to set a date to open the pump house pump bids. Withy said that the cost of a new pump is probably in the 40,000’s. Member Stiles moved to accept the Water Districts Report. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None ANIMAL CONTROL OFFICER’S REPORT: Town Clerk Van Donsel said there were two dog bite cases in the town of Virgil last month. She redacted the names on the report, because there may be legal action taken. Member Stiles moved to accept the Animal Control Officer’s Report. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None CODE ENFORCEMENT AND ZONING OFFICERS REPORT: A written report was submitted by Code and Zoning Officer Kevin McMahon. Deputy Supervisor Stiles said that the code officer has been very busy and that the town has taken in a lot of money. Member Stiles motioned to accept the Code and Zoning Officers report. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None COUNTY LEGISLATOR’S REPORT: County Legislator Sandy Price submitted a written report. Price reported that on July 23rd from 9:30- 12:00 that a Veterans Officer will be available at the Town Hall to work with Veterans. She asked that the word please get passed. She said it will be so much easier to come here than to go to the county office building. Price is looking for nominations for a Good Neighbor award. Member Stiles asked about the property that was donated to the county for the jail project. He is wondering if that got put back on the tax roll. Price said not yet. Kaminski said that the sales tax distribution has been settled. He feels that the town is safe as they budgeted enough to cover the deficit. Stiles asked about the county administrative position, he had heard that folks are saying there is no money in the budget. He said there must have been money in the budget for the treasurer’s position. Price said that he was only getting paid $32,000.00. Stiles feels that the money could at least offset the cost of an administrator. Price did say there wasn’t money budgeted for that position. Price said that it was advertised, but she doesn’t know if any applications came in. Stiles said that he wished that they had looked at the job description. Price said that she is hoping the description is looked at as well. She said that the position has been posted for a few weeks, but nothing has been reported. Teri Pelton asked if the county ever has a shredding day? Price said no, but they do hire a company to shred documents. Someone mentioned that years ago there was a community shredding day. It was stated that Tompkins County does it through the bank. Town Clerk Van Donsel mentioned that perhaps the Town can look at it for residents. Member Stiles motioned to accept the County Legislators report. The motion was seconded by Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None VIRGIL YOUTH COMMISSION REPORT: Stacy Bradley submitted a final financial report. It was stated that there were some outstanding bills from the Before and After School program. Stiles said that Kaminski will take care that. Teri Pelton said that she is out and Corena Morse is in. Pelton said that there are no meetings scheduled for the summer. She said that the CDC is planning on coming in in the fall to run the Before and After School Program. Member Stiles motioned to accept the Virgil Youth Commissions report. The motion was seconded Member Snow. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None Virgil Town Board Meeting July 12th, 2018 3 | P a g e HOPE LAKE OPERATIONS REPORT: Wes Kryger reported that there is a phone number set up for Hope Lake Park with an answering machine now. Member Pelton said that he is glad that the pavilion is getting used more, but he is concerned with people parking on the lawn. Member Stiles said that he is getting prices on more sand. Town Clerk Van Donsel asked Kryger if he could give her the phone number for the Lake. Member Pelton motioned to accept the Hope Lake Operations oral report. Member Snow seconded the motion. Vote: Ayes-Members Snow, Denniston, Stiles and Kaminski. Nays: None. HIGHWAY DEPT. SUPERINTENDENTS REPORT: Highway Superintendent Britt Morse was present and submitted a written report. Morse reported that a bill came in last minute for the 07 truck. Kaminski said that they assigned a voucher number to it. Morse said that the oil and stone will be all wrapped up soon. Kaminski said that the Wall by the compactor is leaning and it may fall. Morse said that its going to be addressed. Morse said that they are going to move the compactor on Thursday and take care of it. Morse also said that he is getting prices on Town Hall and Greek Peak parking lots. Member Stiles motioned to accept the Highway Supervisor report. Member Snow seconded the motion. Vote: Ayes-Members Snow, Denniston, Stiles and Kaminski. Nays: None. OLD BUSINESS BID RESULTS ON ROLLER: The bid results weren’t in, so this item was tabled. RESOLUTION #18-075 APPOINT DENISE SCHULTZE AS ALTERNATE FOR PLANNING BOARD: Denise Schultze is Interested in a Planning board position. She was interviewed earlier. Stiles made it clear to her that the training needs to happen. He wants to make it clear to members if they don’t get the training they will be removed. Member Stiles motioned to approve the appointment of the Highway Supervisor report. Member Snow seconded the motion. Vote: Ayes-Members Snow, Denniston, Stiles and Kaminski. Nays: None. M JS PB 2nd Es. 5 ayes. Made it clear that training needs to happen. JS made it clear if they don’t have the training they will be removed. ZBA ALTERNATE CANDIDATE DAVID GOWER: Town Clerk Van Donsel said that Gower was unable to attend the interview, as he was up North, but he is still interested. Stiles said to find out what time he is available on Monday. DISCUSS CLOSING OF THE VIRGIL ELEMENTARY SCHOOL: Supervisor Kaminski said that the board went and toured the school. He said that they are waiting on some FOILED documents from the district. He said that the school has 30 days to produce the documents and they are approaching 30 days. He is going to fight to keep the school open. He is hoping to change the position of the School Board. If he fails with keeping the school open, the question then becomes does the town want to take over the maintenance or allow someone to buy it. However, the town will oversee the use of it. Still fighting. He is hoping to get thoughts or ideas from the community. DISCUSSION ON THE FUNDING OF HOPE LAKE DREDGING: Kaminski said that there is 45,000-60,000 in a reserve fund. He said that all paperwork has been approved by the DEC. He is hoping to start after Labor Day. He is hoping to drain the lake and dig down 6-8 feet, put in a silt barrier, and on the East end use an excavator and dump the silt. On the North end he is hoping to build a shelf up six feet. He said they don’t need to haul anything away. He is hoping to riprap the rest of the lake to prevent erosion. NEW BUSINESS DISCUSSION ON LOCAL LAW #4 OF 2018 AND SET A PUBLIC HEARING FOR ZONING LAW AMENDMENTS: Supervisor Kaminski said that the board needs to set a public hearing for the zoning law amendments. He said that they want to make it easier to allow folks to run a business out of their house and they are looking to change the road frontage requirements. Stiles said that zoning board member John Coulter resigned from the board. He has Served for many years. He had many concerns with the five acre and 350’ of road frontage requirement. He feels that is unreasonable. He feels that it discourages people who want to move here. There has been a lot of frustration over this. Stiles is hoping that the board can make it more reasonable. There was some discussion on the size of the road frontage. It was decided that 250’ seemed reasonable. Attorney Snyder was asked to make the changes to the proposed law. Snyder said that they haven’t addressed the event center. There are some folks who want to hold weddings at a barn. There was discussion back and forth on requirements. Member Denniston said that part A is still subject to a special permit granted by the Planning Board. Snyder recommended that the board puts it out there for comment from the community. Virgil Town Board Meeting July 12th, 2018 4 | P a g e RESOLUTION #18-076 SET PUBLIC HEARING ON LOCAL LAW#4 OF 2018: Member Stiles made a motion to set the Public Hearing for the amended Local Law#4 of 2018 draft on August 9th 2018 at 6:15 PM. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None RESOLUTION #18-077 APPOINT MAKENZIE MORGAN DEPUTY REGISTRAR: Member Stiles made a motion to appoint Makenzie Morgan as Deputy Registrar. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None RESOLUTION #18-078 SET SPECIAL MEETING DATE TO OPEN BIDS FOR PUMPHOUSE PUMP: Member Stiles made a motion to set a special meeting date of July 23rd 2018 at 5:00 PM at the Virgil Town Hall to open bids for the Pumphouse pump, Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None RESOLUTION #18-079 ACCEPT JOHN COULTER’S RESIGNATION FROM THE ZBA: Member Stiles made a motion to accept John Coulter’s resignation from the Zoning Board of appeals with regret. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None RESOLUTION #18-080 APPOINT ALTERNATE SARAH DEAN AS FULL-TIME ZBA MEMBER: Member Stiles made a motion to approve Sarah Dean as a fulltime Zoning Board of appeals member. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None FURTHER DISCUSSION: Member Stiles said that he would like to see the board go out to bid on upgrading the speakers for the sound system in the board room. He said that right now, unless someone is sitting in front of the speaker, they can’t hear anything. There was an issue with the mixer, that was replaced. The person who fixed that made some recommendations on the speakers. He suggested to put a few speakers out front. He gave the town an estimate, but they will need to go out to bid, as it’s over the procurement policy. Member Stiles made a motion to write up bid specs and go out to bid to upgrade the sound system in the board room. Member Snow Seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None RESOLUTION #18-081 APPROVE BID ON BAS SOFTWARE FOR THE CODE OFFICE: Member stiles said the Code officer would like to use BAS software. It was state that this was special software and they are a single supplier soul source Member Stiles made a motion to purchase the BAS software for $2100.00. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None RESOLUTION #18-082 APPROVE TEMPORARY DEPUTY TOWN CLERK DIANE MICHARD: Member Stiles made a motion to approve Diane Michard as temporary Town Clerk for Alane Van Donsel from July 23-31 to be paid $12.00 an hour on a voucher Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None RESOLUTION #18-083 APPROVE PATRICK SNYDER ESQ> TO HANDLE THE YAWS LAWSUIT: Attorney Snyder said that the Lama Law firm has resurrected the lawsuit. Member Stiles made a motion to approve Patrick Snyder Esq. to handle the case with YAWS. The venue has been moved to Cortland County. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None With no further business to discuss, Member Stiles moved to adjourn the meeting at 7:18 PM. Member Snow seconded the Motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None. Respectfully Submitted by, Alane Van Donsel, Virgil Town Clerk Virgil Town Board Special Meeting July 23, 2018 1 | P a g e TOWN OF VIRGIL SPECIAL MEETING July 23, 2018 PRESENT: Supervisor John Kaminski, Town Council Members Eric Snow, Matthew Denniston and Gary Pelton, Town Clerk Alane Van Donsel 5:00 PM – SUPERVISOR KAMINSKI CALLED THE SPECIAL MEETING TO ORDER LEGAL NOTICES: Legal Notices were posted in the Cortland Standard on July 13 th, 2018 and the notices were Posted at the Virgil Town Hall regarding the special meeting and the opening and awarding the bids for a Pumphouse pump: NOTICE OF SPECIAL MEETING OF THE VIRGIL TOWN BOARD: PLEASE TAKE NOTICE: The Virgil Town Board will hold a special board meeting on Monday June 23rd, 2018 at 5:00 PM at the Virgil Town Hall, 1176 Church Street, Virgil NY 13045 to open bids and to award the bid to the lowest bidder that meets specifications, on a Pumphouse pump for the Virgil Water District #1. The Virgil Town Board reserves the right to reject any or all bids. By Order of the Virgil Town Board, by Resolution dated July 12th, 2018. NOTICE TO BIDDERS: Legal Notice for the Town of Virgil, The Virgil Town Board will hold a special board meeting on Monday June 23rd, 2018 at 5:00 PM at the Virgil Town Hall, 1176 Church Street, Virgil NY 13045 to open bids and to award the bid to the lowest bidder that meets specifications, on a Pumphouse pump for the Virgil Water District #1. The Virgil Town Board reserves the right to reject any or all bids. By Order of the Virgil Town Board, by Resolution dated July 12th, 2018. OPENING OF BIDS: W2Operator Training Group: Member Denniston opened a bid from W2Operators’s the bid was in the amount of $7475.00. It was stated that the price was at prevailing wage. Doug Withy said that the price Included a 6” strainer. Doug Withey said that everything was included in the bid. VACRI CONSTRUCTION CORPORATION: Member Denniston opened a bid from Vacri Construction Corp. The bid was in the amount of $13,900.00 and included Labor and Materials. DISCUSSION: Supervisor Kaminski stated that all the bids will be turned over to the Virgil Town Clerk. He said that the money to pay for the project will come out of water repairs reserve. RESOLUTION#18-058 AWARD THE BID TO ONLY TO W2OPERATORS TRAINING GROUP: Member Denniston made a motion to accept and award the bid from the lowest responsible bidder W2Operator’s Training Group in the amount of $7475.00. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston and Kaminski. Nays: None. With no further business to discuss, Supervisor Kaminski asked for a motion to adjourn. Member Denniston moved to adjourn the meeting at 7:05PM P.M. Member Snow seconded the Motion. Vote: Ayes-Members Pelton, Snow, Denniston and Kaminski. Nays: None. Respectfully Submitted by, Alane Van Donsel Virgil Town Clerk TOWN OF VIRGIL, NEW YORK JULY, 2018 and payment of which are otherwise provided for by Law:by me in connection with my office during the month stated above, excepting only such fees and moneys the application Pursuant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received TO THE SUPERVISOR: TOWN CLERK'S MONTHLY REPORT PAGE 1 A1255 4 DECALS 2.49 2.49TOTAL TOWN CLERK FEES A1270 76 PHOTO ID FEE 577.00 27 HOPE LAKE ID 32.00 609.00TOTAL A1270 A1550 1 DOG IMPOUNDS/ADOPTIONS 50.00 50.00TOTAL A1550 A1670 81 POSTAGE 50.00 50.00TOTAL A1670 A2110 1 ZONING BOOKS 275.00 275.00TOTAL A2110 A2544 43 DOG LICENSES 441.00 441.00TOTAL A2544 A2590 10 BUILDING PERMITS 1,415.00 1,415.00TOTAL A2590 A2655 5 PHOTOCOPIES 7.00 7.00TOTAL A2655 JULY, 2018 TOWN CLERK'S MONTHLY REPORT page 2 DISBURSEMENTS 2,849.49PAID TO SUPERVISOR FOR GENERAL FUND 42.51PAID TO NYS DEC FOR DECALS 57.00PAID TO AG & MARKETS FOR DOG LICENSES 2,949.00TOTAL DISBURSEMENTS AUGUST 3, 2018 STATE OF NEW YORK, COUNTY OF CORTLAND, TOWN OF VIRGIL I, Alane Van Donsel , being duly sworn, says that I am the Clerk of the TOWN OF VIRGIL that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Town Clerk , SUPERVISOR JOHN P. KAMINSKI TOWN OF Virgil Roll Sec. 5 & 6 taxes that County Treasurer collects (if any) $ 246,709.87 State Lands that County Treasurer collects (if any) $ 27,739.70 SUMMARY OF HOW WE WILL SETTLE IN JUNE Amount on Warrant $ 3,495,333.30 Plus Increase in Warrant (if any) $ 0.00 Minus Decrease in Warrant (if any) $ 0.00 Minus total paid to Supervisor (if any) $ 915,938.02 Minus total paid to Treasurer prior to June appointment (if any) $ 2,140,000.00 Minus amount Roll Sec. 5 & 6 paid to Treasurer (if any) $ 245,114.80 Minus amount of State Lands paid to Treasurer (if any) $ 27,739.70 Minus the total amount of returned taxes (base tax only) $ 134,498.88 Minus Collector’s mailing fee for Second Notice letters $ 180.00 Minus amount paid to Treasurer at appointment in June (if any) $ 31,616.34 Minus unpaid Time Warner taxes paid to Treas. at Appt. in June (if any) $ 0.00 Minus Interest paid on Corning Natural Gas $ 245.56 BALANCE (using this formula it should always be zero) $ 0.00 Monies collected for letters sent out in May (Total) $ 86.00 Interest from Bank $ 59.79 Money Collected in Late Fees $ 8,550.62 Payment to Supervisor in July $ 8,696.41 Amount Left in Tax Collectors Account -1.00 to keep acct. open $ 192.57 Mailing fees for second notices $ -180.00 Over payments under $ 5.00 $ -12.57 Payment to Supervisor in Aug. $ 192.57 9008 State Rte. 13 Phone 315-245- 4444 Camden, NY 13316 Fax: 888-907- 3020 info@camdengroupusa.com July 5, 2018 Town of Virgil, Wastewater Treatment Plant Operations for June 2018 Wastewater Treatment Facility Average daily flow (Million Gallons / day) .018493 Sampling BOD influent 396 BOD effluent N/D Permit limit 15 TSS influent 3940 TSS effluent 4.0 Permit limit 15 NH3 influent N/A NH3 effluent .12 Permit limit 2.0 Chlorine Residual N/A C12 effluent .29 Permit limit .35 Fecal N/A Fecal effluent 71.7 Permit limit 200/400 Ø #1 Aerator is still in shop being repaired. Pump company is a little behind. When arrives it will be installed asap. Then number 2 will go out. Ø Facility wasted approximately 43,500 gallons of sludge. No sludge sent out this month. Ø Camden Group is still working on Quote for new sludge tank. We do believe concrete would be more cost effective. Ø Cleaned Oxidation Ditch walls throughout the month. Ø Performed PM on all equipment as required. Ø Performed housekeeping. Ø The facility is performing well within summer permit. Ø All lawn maintenance is done. Mowing and trimming facility weekly. Ø System looks great. DMR Copy of Record Permit Permit #:NY0027197 Permittee:VIRGIL (T) SD#1 Facility:VIRGIL (T) SD#1 WWTP Major:No Permittee Address:1176 CHURCH STREET CORTLAND, NY 13045 Facility Location:2000 ST RTE 392 VIRGIL, NY 13045 Permitted Feature:001 Receiving Water (Ambient) Discharge: 001-M Town of Virgil Sewer District #1 WWTP Report Dates & Status Monitoring Period:From 06/01/18 to 06/30/18 DMR Due Date:07/28/18 Status:NetDMR Validated Considerations for Form Completion Principal Executive Officer First Name:Kenneth Title:President Telephone:315-245-4444 Last Name:Scherrieble No Data Indicator (NODI) Form NODI:-- Parameter Monitoring Location Season #Param. NODI Quantity or Loading Quality or Concentration # of Ex.Frequency of Analysis Sample Type Code Name Qualifier 1 Value 1 Qualifier 2 Value 2 Units Qualifier 1 Value 1 Qualifier 2 Value 2 Qualifier 3 Value 3 Units 00010 Temperature, water deg. centigrade 1 - Effluent Gross 0 -- Sample =22 04 - deg C 0 01/01 - Daily GR - GRAB Permit Req. Req Mon DAILY MX 04 - deg C 01/01 - Daily GR - GRAB Value NODI 00056 Flow rate 1 - Effluent Gross 0 -- Sample =18493 07 - gal/d 0 99/99 - Continuous MT - METER Permit Req.<=80000 MO AVG 07 - gal/d 99/99 - Continuous MT - METER Value NODI 00300 Oxygen, dissolved [DO]1 - Effluent Gross 1 -- Sample =7 19 - mg/L 0 01/30 - Monthly GR - GRAB Permit Req. >=7 MINIMUM 19 - mg/L 01/30 - Monthly GR - GRAB Value NODI 00310 BOD, 5-day, 20 deg. C 1 - Effluent Gross 1 -- Sample =0 19 - mg/L 0 01/30 - Monthly 06 - COMP-6 Permit Req. <=5 MO AVG 19 - mg/L 01/30 - Monthly 06 - COMP-6 Value NODI 00310 BOD, 5-day, 20 deg. C G - Raw Sewage Influent 0 -- Sample =396 19 - mg/L 0 01/30 - Monthly 06 - COMP-6 Permit Req. Req Mon MO AVG 19 - mg/L 01/30 - Monthly 06 - COMP-6 Value NODI 00400 pH 1 - Effluent Gross 0 -- Sample =7.1 =8.3 12 - SU 0 01/01 - Daily GR - GRAB Permit Req. >=6 MINIMUM <=9 MAXIMUM 12 - SU 01/01 - Daily GR - GRAB Value NODI 00530 Solids, total suspended 1 - Effluent Gross 1 -- Sample =4 19 - mg/L 0 01/30 - Monthly 06 - COMP-6 Permit Req. <=10 MO AVG 19 - mg/L 01/30 - Monthly 06 - COMP-6 Value NODI 00530 Solids, total suspended G - Raw Sewage Influent 0 -- Sample =3940 19 - mg/L 0 01/30 - Monthly 06 - COMP-6 Permit Req. Req Mon MO AVG 19 - mg/L 01/30 - Monthly 06 - COMP-6 Value NODI 00545 Solids, settleable 1 - Effluent Gross 1 -- Sample <0.1 25 - mL/L 0 01/01 - Daily GR - GRAB Permit Req. <=.1 DAILY MX 25 - mL/L 01/01 - Daily GR - GRAB Value NODI 34726 Nitrogen, ammonia, total [as NH3]1 - Effluent Gross 0 -- Sample =0.12 19 - mg/L 0 01/30 - Monthly GR - GRAB Permit Req. <=2 MO AVG 19 - mg/L 01/30 - Monthly GR - GRAB Value NODI 50060 Chlorine, total residual 1 - Effluent Gross 0 -- Sample =0.29 19 - mg/L 0 01/01 - Daily GR - GRAB Permit Req. <=.35 DAILY MX 19 - mg/L 01/01 - Daily GR - GRAB Value NODI 74055 Coliform, fecal general 1 - Effluent Gross 0 -- Sample =72 =72 4Y - #/100L 0 Permit Req. <=200 30DAVGEO <=400 7 DA GEO 4Y - #/100L Value NODI 81010 BOD, 5-day, percent removal K - Percent Removal 0 -- Sample =100 23 - % 0 01/30 - Monthly CA - CALCTD Permit Req. >=85 MO AV MN 23 - %01/30 - Monthly CA - CALCTD Value NODI 81011 Solids, suspended percent removal K - Percent Removal 0 -- Sample =99 23 - % 0 01/30 - Monthly CA - CALCTD Permit Req. >=85 MO AV MN 23 - %01/30 - Monthly CA - CALCTD Value NODI Submission Note If a parameter row does not contain any values for the Sample nor Effluent Trading, then none of the following fields will be submitted for that row: Units, Number of Excursions, Frequency of Analysis, and Sample Type. Edit Check Errors No errors. Comments Attachments Name Type Size VirgilMOR.pdf pdf 2637105 Report Last Saved By VIRGIL (T) SD#1 User:admin@camdengroupusa.com Name:Cindy Cameron E-Mail:admin@camdengroupusa.com Date/Time:2018-07-18 21:34 (Time Zone: -04:00) Report Last Signed By User:info@camdengroupusa.com Name:Kenneth Scherrieble E-Mail:info@camdengroupusa.com Date/Time:2018-07-18 21:37 (Time Zone: -04:00) 131 Port Watson Street, Cortland New York, 13045 Office: 607-753-1477 Fax: 607-753-1479 www.w2oJenae@outlook.com August 1, 2018 Mr. John Kaminski Town of Virgil Supervisor 1176 Church Street Cortland, NY 13045 Re: July Operations Report for the Town Water System Mr. Kaminski and Virgil Town Board Members, All samples for this month came back normal. We mowed inside the well pen and the driveway up to the water tank. We shut off 4 water services due to non-payment and replaced a water meter in unit 22G that had frozen and broke. Sincerely, Jenae Withey Town of Virgil Code Enforcement Office/ Building Dept. Date:Daily Report July 2018 Miles 2-Jul 2727 S Cortland Virgil Rd-site visit-pole garage w new drainage being installed / S Cortland Virgil Rd, W State Rd-site visits / 812 W State Rd-framing inspection-trusses set / Curtis Rd, Church St, Rte 215-site visits / discussions of shared services w TwnClrk, TwnSpr-meeting to setup for clarification of duties etc / returned call for Foggy Goggle for Zoning, vacant, reclassifying use, missing septic plans etc-interested buyer / changed CofO for 1101 Church St and emailed updated one to owner/ bad storm, trees down / 10.9 3-Jul emailed TwnAtty-ques on vacant property vs bldg inspections for buyers vs local law and liabilities / did review and emails for Harford draftplan w Virgil/ 7/6/2018 foundation inspection-1813 Bleck Rd-CMU frost walls / foundation inspection 1807 Odell Rd-poured w backfill and damproofing installation / Vandonsel Rd, Odell Rd, Bleck Rd- site visits / Rte 392, Kypriotis Dr, Clute Rd-site visits / 2193 Kypriotis Dr-foundation inspection- repairs for chimney base- no permit needed/ 1200 Church St-framing inspection, demo inspection, plan review and ques on Temp CofO per requirements / lft msg w trailer park owner-needing info to process replacement trailer permit / returned calls, emails and updates to pool permit reviews / 18.2 7/9/2018 2670 Rte 11-site visit-started excavation on bank for garage / called BAS for IPS program info-quote to be emailed in a day or so / 2670 Route 11-issued bldgprmt #1179-pole garage-pd $90 and pd $275 for ZBA hearing and application fee / follow up to Complaint on Rte 11-need to research house number /Rte 11, Rte 392, W River Rd-site visits / 2003 W River Rd- foundation inspection -addition poured wall forms / turned in mileage voucher for June / office visit w TwnSprs for Virgil and Harford and TwnAtty and TwnClrk-shared services discussion / office visit -issued bldgprmtpkt-indoor pool-2796 S Cortland Virgil Rd / 17.2 7/11/2018 Virgil Creek Rd, Palmer Rd, Gee Hill Rd-site visits / Code Office training in Dryden-4 CEU's-masonry units / 2123 Budzinski Rd-final inspection-pole barn-need to issue CofO / Nye Rd, Sherman Rd, S Cortland Virgil Rd-site visits / 9.3 7/11/2018 site visit-1529 Tower Rd-pulling sgl wide out of bldg-need to ck on permit status / 1634 Tower Rd-need to ck on permit status- renovations and shtg on dblwide-site visit / 2080 Tower Rd- final inspection-barn / site visit-2622 Clute Rd-framing inspection, insulation inspection, drywall installation / 2001 Thermopylae-final inspection-need to issue CofC for shed / 2078 Kypriotis Dr-framing inspection-modular being set / Beta Dr, Alpha Dr, Arcadia Dr-site visits / Rte 392, Parker Rd- site visits / 1691 Parker Rd-preslab inspection-carport base / 7/11/2018 office visit and plan review-issued bldgprmt #1180-2796 S Cortland Virgil Rd-pd $350 for inground indoor pool / month end reports completed, emailed to TwnClrk for June and hard copies / 1837 Rte 11-spoke w trailer pk owner-need to ck on vacant trailer to get demo done / 20.2 7/13/2018 2760 Webb Rd-final inspection-demo old farmhouse-need to issue CofC / 812 W State Rd-framing inspection-roofing installation-new home / 1807 Odell Rd-foundation inspection- backfilling almost complete / 1813 Bleck Rd-foundation inspection-frost walls w some backfill / Hauck Hill Rd, Babcock Hollow Rd, Rte 392-site visits / 2169 Rte 11-bldgprmtpkt, office visit and plan review-new house plans-need to ck on flood plain issues / 215 and Holler Rd-call fr owner for combining strip of land for access to property / 2199 Rte 215- grass out of control-need to issue NofV -site visit / 16.5 7/16/2018 Rte 11, Rte 392-site visits / lot 28-Riverside Trailer Park-site visit -need to condemn and send NofV to owner for trailer removal / Lot 33- foundation inspection-replacement sglwide permit issued / 1691 Parker St-foundation inspection-slab ready for prefab carport / Clute Rd, Kypriotis Dr-site visits / framing inspection- modular 2078 Kypriotis Dr-deck broke, attachments not complete / 781Rte 392-office visit and plan review -reroof, no permit needed / 2553 Holler Rd-returned call to realtor-existing garage permit ques-no info available / office visit and plan review-porches for 2162 Rte 11-issued bldgprmt #1181-pd $100 / emailed atty-horses in residential district vs zoning allowance / issued pool permit #1182 and deck-925 Rte 392-pd $80-to mail out / returned call 275 Simms Hill Rd-pool permit info needed-no ans, no vm / W State Rd, S Cortland Virgil Rd-site visits / 17.1 7/18/2018 2306 Page Green Rd-framing inspection-garage-siding almost complete / Vandonsel Rd, Bleck Rd-site visits / 1813 Bleck Rd-foundation inspection-block frost walls / Daisy Hollow Rd, W Meeting House Rd, Rte 392-site visits / Curtis Rd, W State Rd, Church St-site visits / 953 Church St-demo framing inspection-garage / 1701 ODell Rd-office visit and plan review-issued bldgprmt #1183 pd $150-cabin extension off grid-make sure to print out email w bldg specs / more plan review-Douglas Rd for RMM-need to finish review and email owner w items missing / 14.1 7/19/2018 daily log, permit status report updates / emails, return calls, plan reviews / 7/20/2018 Tower Rd, Lash Rd, Page Green Rd-site visits / Vandonsel Rd, O'dell Rd, Rte 392 site visits / 1813 Odell Rd-foundation inspection-porch wall forms in place / 1701 Odell Rd-posthole inspection-camp extension / 1200 W State Rd-site visit-issued Violation Notice to owner-pool without permit-kit pool / Holler Rd-office visit and site plan review-issued minor subdivision application packet for addition of right of way / office visit and emailed TwnAtty-NYS Auto Dealer license transfer-needs conditional permit / returned call for 1602, 1654 Rte 11-junk Complaints-aquired info to process NofV's to send out / 2760 Webb Rd-issued CofC-mailed to owner-house demo/ 275 Simms Hill Rd-plan review-inground pool-rec'd bldgprmtpkt / 2910 Douglas Rd-plan review, returned call to owner-needs sprinkler plan and ck on occupancy ratings / 13.7 7/23/2018 Tower Rd, Rte 11, West River Rd-site visits / Snyder Hill Rd, Carson Hill Rd, Rte 392 site visits / site visit 1654 Rte 11, confirmation of junk and junk vehicles / 1602 Rte 11, not so much / 2003 W River Rd-foundation inspection, insulation inspection, under slab plumbing inspection / 1764 Rte 392- site visit-grass Complaint-bush hog work done / 1658 Rte 392-site visit-junk car Complaint-only one sighted / 2359 Page Green Rd-office visit and plan review-storage shed- issued bldgprmt #1184-owner pd $75 / 275 Simms Hill Rd- issued bldgprmt #1185-inground pool-owner pd $150-mailed out / issued bldgprmt #1186-repl sglwide 1990 model-lot 33 at 1837 Rte 11-pd $150 / 23.9 7/24/2018 Owego Hill Rd, W Meeting House Rd, Khone Rd-site visits / Edsall Rd, Gee Hill Rd, Rte 13 site visits / 2945 Webb Rd-site visit-follow up to Notice sent for vehicles-one left out front w license plate/ West State Rd, Sherman Rd, S Cortland Virgil Rd-site visits / 9.1 7/25/2018 Tower Rd, Lash Rd, Page Green Rd-site visits / Vandonsel Rd, O'dell Rd, Baldwin Rd- site visits / 1813 Odell Rd- foundation inspection, framing inspection-sill plates down carrying beam install / 1701 Odell Rd-framing inspection- camp extension / issued bldgprmt #1187-2360 Carson Rd- prebuilt shed-owner pd $75-mailing to owner / 1529 Tower Rd- issued Stop Work Order-mailing regular and certified mail / 1634 Tower Rd-issued 2nd expired permit notice-mailed one regular and one certified / office visit-Complaint-building northwest of Snow Rd to research for permit on file /14.4 7/27/2018 site visit-2169 Rte 11-research for bldgprmt and flood plain location and follow up to Complaint filed for new construction, and emailed CCEHD for septic permit info / Rte 11, Rte 392, Kypriotis Dr, South Hill Rd-site visits / 2078 Kypriotis Dr- framing inspection-modular home-spoke w site super-framing concerns to address / 275 Simms Hill Rd-returned call and texted pic of bldgprmt for pool order to owner / 1882 Daisy Hollow Rd-returned call to owner-researched GIS for flood zone areas-not in the flood zone / 1529 Tower Rd-returned call from owner-response to Stop Work Order-researched permits, too old to find-texted to bring in more plans/ 2199 Rte 215-returned call to FannieMae inquiry of NofV's on file-need to email when completed / 16.5 7/30/2018 S Cortland Virgil Rd, W State Rd-site visits / 812 W State Rd- framing inspection / Khone Rd, W Meeting house Rd, Owego Hill Rd-site visits / Holler Rd, Congdon Lane, Rte 215 site visits / 1779 Traverse Rd-call fr atty, subdivision questions vs lot line adjustment-emailed to TwnAtty / issued building permit #1189-1529 Tower Rd- five years old permit did as renewal for permit# 0871 after plan review from office visit- pd $200 / issued bldgprmt #1188 for 1634 Tower Rd-repl for bldgprmt #1056 expired dblwide-pd $100 / Holler Rd-turned in application for lot line adjustment -need to get to County for review / 17.3 7/31/2018 Bleck Rd, Houck Hill Rd, Babcock Hollow Rd-site visits / 1715 Babcock Hollow Rd-site visit-new shed garage on site-no permit on file-need to send notice / Rte 392, Page Green Rd, Lash Rd-site visits / 2359 Page Green Rd-post hole inspection-pole garage / 14.5 Total mileage for July 232.9 Submitted By: Kevin J. McMahon Kevin J. McMahon Phone 607-835-6174 NYS Code Certified Cell 607-745-0004 Current Month Year to Date Building Permits Issues 9 38 Building Permit Renewals 2 3 Expired Building Permit Notices 1 2 Building Permit Inquiries 3 10 Flood Plain Permits/Special Use Permit Demo Permit Issues 3 Fireworks Permits Certificates of Occupancy Issued 1 27 Certificates of Compliance Issued 1 10 Temporary C of O Issued 1 Plan Reviews for permits 6 40 Complaints/ Notice of Violations 4 20 Stop Work Order Issued 1 1 Closed out Permits Permits, Certificates, Notices-Total 28 155 Fees Collected $1,520.00 $5,895.00 Construction Cost $169,000.00 $1,236,155.00 Inspections: Site-Driveway/ visit-inspections 43 201 Foundations/Footers/Post Holes 13 40 Framing / Structural inspections 12 83 Plumbing, heating, vent inspections 1 11 Insulation inspection 2 5 Final, pre-final Inspection 2 35 Fire / Safety inspection Chimney / wood burning devices Swimming Pool inspections 3 TOTAL INSPECTIONS 73 378 Training Classes (24 hrs min.annual)4 22 Town of Virgil Code Enforcement / Building Monthly Activity Report July 2018 LEGISLATORS REPORT FOR AUGUST 2018 The county was successful in receiving a state micro enterprise grant. The purpose of the grant is to provide training and financial assistance to entrepreneurs, startup businesses, and existing businesses that will create jobs for low to moderate income persons. To find out more please call Rich Cunningham (753-1433) of Thoma Consultant that is administering the grants. Good luck! Movement is under way to address the county's fiscal needs. Two part time temporary positions at a cost not to exceed $20,000 were created to catch up on financials and help prepare the 2019 county budget. Related to that applications are coming in for the County Administrator. Hopefully the job description can be adjusted to prevent problems like we've had in the past. Unless there are substantial changes I will NOT support it when it comes up for a vote. More next month.... A part time DMV clerk was authorized at a cost to the county of $5,739.91. This position will generate revenue which may cover that cost. In any rate customers will have shorter wait time while doing business there. Craig Umbehauer was reappointed to a four-year term to the County Planning Board. Thanks Craig for serving. A memorandum of understanding with the Vera Institute of Justice was approved for the to do a six-month study to study and recommend ways to reduce the jail population. There is no cost to the county. Instead of the annual amnesty week, each municipality would get a $1,950 credit allowing it to dispose of its waste at the county landfill throughout the year. Like amnesty week that works out to a 30-ton limit. A resolution was passed on how the county will use the $1.5 million it plans to take off the top of total sales tax revenue collected each year for the next 10 years under the recently approved agreement. The distribution will be $1 million for the jail reserve, $200,000 for emergency communications and $300,000 for debt reduction. Second quarter Sales tax distribution was approved. For Harford- $77,647.59, Virgil- $214,298.87. I had a great response from my request for nominations for my Legislators Award for Good Neighbors. What a great place we live in to have so many good neighbors. Congratulations to the 21: Nick Marsh, Joyce and Garret Vandeweert, Jimmy Wise, Barb Ackley, Yvonne Fish-Kalland, Teri Pelton, the Browns, the Corls, Chris Applegate, Marge Hubbert, Roger Wheeler, Donna Timmerman, Lois Cross, Alane Van Donsel, the Caskeys, Riley Sabin, Sharon and Dave Canfield, Judy Totman, Pastor Steph Brown, Rachel and Courtney, Marsha Powell. Certificates will be given to all. I’m finding my work as your legislator rewarding. I like doing things with and for people. The people I work with are all good people. We don't always agree but I do respect them all. In return everyone is very good to me. Thank you for this opportunity. I am blessed in so many ways. Is there anything I should be aware of or doing! Thought for the month: One tree can start a forest; One smile can begin a friendship; One word can frame a goal; One candle can wipe out darkness; One laugh can conquer gloom; One hope can raise our spirits; One touch can show you care; One life can make a difference; Be that one today. - BJ Gallagher from "Positive Outlooks" Enjoy the rest of the summer, Sandy Price Town Highway Superintendents Monthly Report July came and went quickly but everything at the highway department seems to be on schedule. We have finished all of the oil and stoning for the roads for the year and they seem to be holding up nicely. We had a lot of shared services again this month with all the towns in Cortland county either surface treating or paving but all went well and now we are on to finishing up our projects in town. The parking lot at the town hall and the hope lake entrance and parking area will be oil and stoned in September. We have started ditching and after next weeks job at the transfer station is finished we will be working on grading the seasonal roads. Also we had a small breakdown with the mowing tractor but the mechanic at Cortlandville Highway helped us out and we are back in action and will do our best to catch up on the mowing. Britt Morse Town of Virgil Highway Supt. Gasoline Highway Department Fire Department TOTAL Recorded Used 347.7 gallons 98.5 gallons 446.2 gallons Actual odometer reading 347.8 gallons 98.5 gallons 446.3 gallons Difference of -0.1 gallons -0.0 gallons -0.1 gallons Starting Odometer On 7/11/2018- 34,924.7 On 7/11/2018- 1,344.1 Ending Odometer On 8/7/2018- 35,272.5 On 8/7/2018- 1,442.6 DIESEL Highway Department Fire Department TOTAL Recorded Used 1,266.8 gallons 78.8 gallons 1,345.6 gallons Actual odometer reading 1,265.3 gallons 79.1 gallons 1,344.4 gallons Difference of +1.5 gallons -0.3 gallons +1.2 gallons Starting Odometer On 7/11/2018- 107,843.9 On 7/11/2017- 2,915.1 Ending Odometer On 8/7/2018- 109,109.2 On 8/7/2018- 2,994.2 ON MOTION OF GEORGE WAGNER RESOLUTION NO. 266-16 Adopt Local Law 9 of 2016, Amending Law No. 1 for the Year 2008 Which Established a Plan of Mutual Self-Insurance For, Worker’s Compensation; Amend Rules And Regulations and Apportionment WHEREAS, Local Law No. 1 of 2008 Established the Rules and Regulations and Apportionment for the County's Plan of Mutual Self-Insurance for Worker's Compensation, AND WHEREAS, in some instances municipalities have exceeded the annual assessment, thus causing excessive costs to be covered by the County, AND WHEREAS, The Budget & Finance Committee recommends amending the Local Law to allow all participating municipalities to share in any costs that exceed the established assessments, AND WHEREAS, changes have been made to the requirements for reporting of incidents and the addition of penalties added for late compliance, AND WHEREAS, the proposed local law has been on Legislators desks for the required seven days, and a Public Hearing was held June 23, 2016, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts Local Law 9 of 2016 as follows: WHEREAS, Cortland County adopted Local Law No. 1 of 1956 establishing a plan of self insurance as provided for under Article 5 of the New York State Workers’ Compensation Law, AND WHEREAS, the Cortland County Legislature wishes to codify prior changes and provide for a limit on the overall obligations of any one participating municipality based upon their ability to tax, NOW THEREFORE, BE IT ENACTED, by the County Legislature of the County of Cortland, as follows: Section 1. Created. The plan of self-insurance previously created by Cortland County as provided for in Article 5 of the Workmen’s Compensation Law is hereby continued as prescribed herein and shall be known from this point forward by the name of “Cortland County Self-Insured Workmen’s Compensation Plan.” Section 2. Administered. The plan of self-insurance hereby established shall be administered by the County Attorney and overseen by the applicable jurisdictional Legislative Committee. The County reserves the right to RFP and select the Third Party Administrator (TPA) for the Worker’s Compensation Plan. Section 3. Participation in Plan. The County of Cortland, City of Cortland, the Towns of Cortland County, and the Villages within Cortland County may participate in the plan hereby established, and are hereby continued as participating members in such plan. A. The benefits and protection of this plan shall be and are hereby extended beyond those defined in Article I of the New York State Workers’ Compensation Law to include all employees, officers and volunteers of Cortland County, elected or appointive not otherwise defined in Article I. 1. The extension of coverage and protection shall include said employees and officers of those participating municipal agencies which, by resolution of the municipal body, elect to cover and include said employees and officers of said agency under the provisions of the Workers’ Compensation Law. B. In accordance with Section 3 of the New York State Workers’ Compensation Law, Cortland County hereby extends the coverage of the plan to Civilian Defense volunteers who are duly enrolled and registered in the office of Fire and Emergency Management of Cortland County for disabilities incurred by Civilian Defense volunteers during authorized training and practice periods or periods of Declared Emergency. 1. The extension of coverage and protection shall include said Civilian Defense volunteers of those participating municipal agencies which, by resolution of the municipal body, elect to cover and include said Civilian Defense volunteers of said agency under the provisions of the Workers’ Compensation Law. C. Annual participant worker’s compensation payments must be paid to the County as follows: City of Cortland and Towns must pay no later than April 30th of the respective budget year, and Villages must pay no later than June 30th of the respective budget year. Failure to submit annual worker’s compensation payments by July 31st of the respective budget year, will be considered an election to withdrawn from the plan and the rules that apply under Section 4 “Withdrawal from Plan ” will be deemed to be in effect. D. If any participant has withdrawn from the plan by election or default, in either event, the cost share for remaining participants will be allocated among remaining participants by using the same formula based upon the combined total claims and assessment percentage. The updated allocation plan will be reflected in the letter of September 1st, as noted under Section 6, Apportionment. Section 4. Withdrawal from Plan. Any participant in the plan may withdraw therefrom at the beginning of the next ensuing calendar year by filing with the, Clerk of the County Legislature on or before the 31st day of July of any year, a certified copy of a resolution of its governing body electing to withdraw from the plan, upon condition that such participant shall pay, in a lump sum, its estimated share of the outstanding liabilities of the plan as of the date of withdrawal. The Director of Budget & Finance, with the approval of the County Legislature may permit said payment to be made in installments. Installment plans may not exceed two years from date of withdrawal. Any participant who opts out of the plan may not be allowed to re-enter the plan as a participant for a term of five (5) years from the opt out date. The experience claim value of any participant who has withdrawn from the plan and then wishes to re-enter the plan after five years, will utilize the County's last known claims value. Section 5. Plan Rules and Regulations. Participants in the self-insurance plan hereby established shall be subject to the following standards, conditions, rules and regulations: A. Participants shall cooperate fully with the County Attorney's in the administration of the plan, and shall prepare and file with the County Attorney such reports and information as may, from time to time, be requested. B. Reports of accidents shall be filed within Twenty-Four (24) Hours from the time of the accident, or from the time notice thereof has come to the attention of a responsible official or supervisory employee of the participant with the County in a manner determined by the County. [The County is currently using on line forms with a link that directly sends out the forms to person who need them to meet filing requirements and open claims.] Any penalties or fees incurred due to late filings shall be the responsibility of the respective municipality. C. Participants shall promptly furnish all pertinent information relative to any claim, and shall aid in the investigation of any claim as may be required by the county, any insurer, administrator or tribunal. D. If required by the County Attorney who shall confer with the County Director of Personnel, every new employee of a participant shall undergo a physical examination before undertaking any of the duties of his employment, except in the case of an emergency, in which event the participant employer shall arrange for such physical examination at the earliest possible time after the employee undertakes such duties. The expense of such physical examination shall be an expense of the plan and paid from the funds thereof. E. Participants shall not knowingly employ any person having a permanent physical impairment, as defined by Section 15, Subdivision 8, of the Workmen’s Compensation Law, without first requiring such person to furnish a medical report stating the nature and extent of such permanent physical impairment which report shall be filed with the County Attorney’s office. F. Fines and penalties imposed on the plan for late filing of reports and forms shall be assessed against and paid by the participant if, in the opinion of the Director of Budget and Finance, the delay is occasioned by the failure or fault of the participant. G. Participants shall take part in and enforce safety and accident prevention programs established by the County Legislature. H. Violation of any of the foregoing provisions of this section by any participant shall be punishable in the discretion of the Director of Budget and Finance, by the imposition of a penalty, which shall not exceed $500.00 for each violation, or by a majority vote of the County Legislature, expulsion from the plan. Section 6. Apportionment. Apportionment of costs shall be determined by taking the total amount to be assessed and applying the following formula: A. Forty percent (40%) of the total revenue for the plan shall be generated based upon assessed valuation. Each participant’s share shall be calculated by determining the participant’s percentage of full value assessment within the plan and multiplying that percentage of full value assessment by the total amount of revenue to be generated. The County’s percentage of full value assessment shall include the full value assessment contained within municipalities not participating in this self-insurance plan. 1. When calculating the full value assessment of the towns of Cortlandville, Homer and Marathon, the village assessment within these towns shall be excluded. B. Sixty percent (60%) of the total revenue for the plan shall be generated based upon claims history. Each participant’s share shall be calculated by determining the participant’s percentage of the average claims paid for the preceding three (3) years, which average claims paid shall be known as the “experience factor”, and multiplying that percentage by the total amount of revenue to be generated. The Director of Budget and Finance shall notify each participant in writing, not later than September 1st, of the amount of such assessment and each participant shall pay the County Treasurer the amount so specified in such notice with payment dates as follows: City of Cortland and Towns must pay no later than April 30th of the respective budget year, and Villages must pay no later than June 30th of the respective budget year. Section 7. Limits on Apportionment. For the purposes of limiting the exposure to a participant for any extraordinary costs that may arise in a given year, participant’s assessments shall be limited in accordance with the following schedule which is designed to limit the taxable impact of catastrophic claims on the participant. A participant shall be categorized by the municipality’s taxable value. The participant’s annual assessment shall be limited to the maximum established assessment for each category plus a portion of any and all assessments exceeding the maximum assessment which shall be distributed based on the combined percentage of total claims and assessment prior to distribution among all participants. The maximum assessment and taxable value categories reflect the rates established for base year 2018 and the Total Taxable Value and Maximum Assessment amount will increase by the amount of the CPI annually in a positive fashion, but at no time will these numbers be impacted by a negative CPI. During negative CPI years, the matrix will remain unchanged from the prior year. The CPI index will be based on the United States Department of Labor, Bureau of Labor Statistics annual percentage rate change for the New York region. This calculation matrix may be amended from time to time by the County Legislature by Resolution. The maximum assessment does not apply to Cortland County. Total Taxable Value Maximum Assessment $0 to $ 25,000,000 $ 12,500 $ 25,000,001 to $ 35,000,000 $ 17,500 $ 35,000,001 to $ 45,000,000 $ 22,500 $ 45,000,001 to $ 60,000,000 $ 30,000 $ 60,000,001 to $ 90,000,000 $ 45,000 $ 90,000,001 to $150,000,000 $ 70,000 $150,000,001 to $250,000,000 $112,500 $250,000,001 to $400,000,000 $187,500 $400,000,001 and above $225,000 Section 8. Reserve Established. A self-insurance contributed reserve is hereby established for the Cortland County Self Insured Worker’s Compensation Plan. The maximum which may be contributed to such reserve shall be Two Million ($2,000,000) Dollars. A separate line item is hereby established in the Worker’s Compensation Fund operating budget for purposes of funding the reserve account until such time as the reserve fund totals Two Million ($2,000,000) Dollars, the maximum allowed by this Law. Section 9. Administrative, Stop Loss and Service Required Fees The Director of Budget and Finance, subject to appropriation by the County Legislature, may purchase excess or catastrophe insurance, the cost of which shall be chargeable as an expense of the plan. Administrative Fees from the Third Party Administrator, required services mandated per the NYS Worker’s Compensation Board, such as Unified Employee Assessment and Medicaid verification services, shall be treated the same as Stop Loss Insurance, the cost of which shall be chargeable as an expense of the plan on the same percentage basis of the final apportionment percentage calculated in total from Section 6 by all participating members of the plan. Stop Loss fees will be applied 100% for distribution. Administrative Fees will be implemented on a 25% increase basis over four years distribution, i.e. 2018 will be 25%, 2019 will be 50%, 2020 will be 75% and 2021 will be 100%. Section 10. Conflicts with Previous Laws; Severability of Provisions; Effective Date. In the event of a conflict or inconsistency between this local law and any previous local laws or resolutions of the County Legislature, this local law shall govern. If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree, or order shall no affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. This local law shall take effect immediately. STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned, Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 23rd day of June, 2016 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand and the official seal of the CORTLAND COUNTY LEGISLATURE, this 23rd day of June, 2016. TOWN OF VIRGIL PROPOSED LOCAL LAW #4 FOR THE YEAR 2018 Section I The Town of Virgil Zoning Law, Local Law No. 1 of 2007, as amended, is hereby further amended as set forth below: Section II Virgil Zoning Law Section 105, entitled Definitions is amended to add the following definitions: Event Center: A building, structure, or location with the primary purpose of hosting events such as weddings. Small Service Contractor: A construction or service contractor employing fewer than four (4) people not owners or residents of the property engaged in construction, plumbing, heating, electrical, landscaping, refrigeration or similar trades or occupations. Section III Section 525, entitled “Uses Permitted With A Conditional Use Permit From the Planning Board” is amended to add ”K. Event Center,” and “L. Small Service Contractor.” Section IV The minimum road frontage for new lots without public water and public sewer in the Neighborhood Residential (NR) and Agricultural Residential Conservation (ARC) Districts is hereby reduced from 350 feet to 250 feet. Section V A new Section 628 is hereby added to Article VI as follows: Section 628 Event Center A. Where an event center is allowed by conditional use permit in the ARC district the minimum lot size shall be 20 acres. B. The minimum set back of an event center building from the property line shall be 650 feet. C. The hours of operation shall be limited to 8 a.m. to 10 p.m. Section VI This Local Law shall take effect immediately upon being filed by the Secretary of State.