HomeMy WebLinkAbout10-11-2018 Town Board Meeting Agenda PacketTOWN OF VIRGIL
REGULAR TOWN BOARD MEETING
OCTOBER 11th, 2018 6:30 PM
6:30 PM CALL TOWN BOARD REGULAR MEETING TO ORDER
A.APPROVE MINUTES
1.Draft of September 13th, 2018 Town Board Minutes
09-13-2018 Draft of Town Board Minutes
2.Draft of October 2nd 2018 Special Town Board Meeting Minutes
10-02-2018 Draft of Special Town Board Meeting Minutes
B.AUTHORIZATION TO PAY BILLS
1.General fund Abstract of Audited Vochers 09-18 General Fund
2.Highway Fund Abstract of Audited Vochers 09-18 Highway Fund
3.Recreational Fund Abstract of Audited Vochers 09-18 Recreational Fund
4.Sewer District #1 Abstract of Audited Vochers 09-18 Sewer Fund
5.Water District #1 Abstract of Audited Vochers 09-18 Water Fund
C.MONTHLY REPORTS
1.Town Supervisor’s Monthly Report
Supervisor's Monthly Report 09-18 Long Form
Reserve Report As of 10-02-2018
Bookkeepers Check Report Spet. 2018
2.Town Clerk’s Monthly Report- Apr. 2018
Town Clerk Monthly Report 09-2018
3.Sewer District’s Operations Report
Camden Virgil Monthly 10.18Mixer quote- From Camden SQ86144-1, J#131133, Town of Virgil
dmrSubmissionVirgilMOR
4.Water District’s Operations Report
W2Operators Sept. 2018 Report
5.Animal Control Officer’s Report
Animal Control Officers Report 9-18
6.Code Enforcement Officer’s Report
Code Officers Monthly Report 09-18
7.County Legislator’s Report
Legislator's Report 10-18
8.Virgil Youth Commission Report
VYC Minutes October 2018
9.Hope Lake Operations Report
Hope Lake Year end Report
10.Highway Superintendent Report
Highway Superintendent's Monthly Report 09-18
Highway Gas Report 09-18 Highway Diesel Report 9-18
D.OLD BUSINESS
1.Update on Hope Lake Park Dredging
2.Auctions International Tractor Sale Tractor on Auctions International
3.Appoint the committee for the school & Define a Mission
4.Discussion on Francis Road Bridge
E.NEW BUSINESS
1.Dryden Ambulance Contract
Dryden Ambulance Contract
2.Cortland-Virgil Snow Plowing Agreement 18-19
2018-2019 Cortland-Virgil Snow Plow Aggreement
3.Discussion on items from the Budget Workshops
4.Extend Sewer and Water Operators Contracts
Camden Contract 2016 W2O Contract 2016
5.Set a Public Hearing Date for a Local Law to raise Sewer Rates
6.Set a Public Hearing Date on the 2019 Town Budget
7.Discussiopn on the County Solar Pilot Law
Cortland County Solar Pilot Law Letter From County Attorney
8.County Power Line Map
Electric Power Transmission Lines Map- from Cortland County
9.2019 Tax Re-Levy Delinquest Sewer & Water Bills
Request to put 2018 Sewer & Water Delinquest Bills on the 2019
10.Surplus 2018 and 2012 Highway Pickup trucks
11.Approval to go out to bid for a New Pickup Truck for the Highway Dept.
F.ADJOURN REGULAR TOWN BOARD MEETING
Virgil Town Board Meeting September 13th, 2018
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TOWN OF VIRGIL REGULAR MEETING
September 13th, 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, Sandy Price County Legislator, Ken Scherrible Camden Group, Jenae Withey
W2Operators, Highway Superintendent Britt Morse, Sue Connolly & Corena Morse Virgil Youth Commission, Wes Kryger Greek Peak,
David Gower, Mack and Sylvia Cook, Peter Peroulakis, Robert & Chris Applegate, Peggy Ivie, Cynthia Bush, Teri Pelton, Lori Megivern,
Sara Sirois, Matt Hollenbeck, Patty DePerno, George & Judy Brechbiel, James & Sharon Sanford.
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 #18-100 APPROVAL OF MINUTES
Draft of the Regular Board Meeting Minutes dated Aug. 9th, 2018: Member Stiles moved to approve the minutes for Aug.9th, 2018.
Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays-None
RESOLUTION #18-101 AUTHORIZATION TO PAY BILLS
GENERAL FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the General Fund’s audited vouchers
numbered 243-294 in the amount of $36,251.36. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays- None.
HIGHWAY FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the Highway Fund audited vouchers
numbered 1177-1187 in the amount of $7,435.51. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays- None
RECREATIONAL AREA CAPITAL PROJECT FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the
Recreational Area Capital Project Fund audited voucher number 4002 in the amount of $2,437.50. Member Snow seconded the
motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
SEWER DISTRICT #1 FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the Sewer District #1
audited voucher’s numbered 2080-2094, in the amount of $8,855.35. Member Snow seconded the motion. Vote: Ayes-Members
Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None They questioned
WATER DISTRICT #1 FUND FOR AUG 2018 NUMBER 09: Member Denniston moved to approve payment of the Water District #1
audited vouchers 3043-3050 in the amount of $5,329.82. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays-None
MONTHLY REPORTS
SUPERVISOR’S MONTHLY REPORT FOR AUG 2018 LONG FORM: Member Stiles moved to accept the Supervisor’s Monthly Report in
long form for August 2018. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski.
Nays –None
TOWN CLERK’S MONTHLY REPORT FOR JULY 2018: Member Stiles moved to accept the Town Clerks Monthly Report for August 2018.
Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
SEWER DISTRICT OPERATIONS REPORT: Ken Scherrible was present from the Camden Group. Supervisor Kaminski said that the sludge
tank was ordered and cost $12,000. Scherrible said that was just for the tank. He said that they priced out a stainless steel one for
$66,000 so he was happy with the $12,000 price. He says with labor the town is looking at a total cost of $20,000 to $25,000. Supervisor
Kaminski asked Scherrible to get the bid specs together. 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: Janes Withey reported that all has been quiet. She reported that they have finished the
installation of the cells. She said that the town has purchased new laptop to replace old computer. Member Stiles moved to accept
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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: 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.
Member Stiles motioned to accept the Code and Zoning Officers report. The motion was seconded 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 she wanted to take a
few minutes to talk about the Virgil Good Neighbor award winners. She said that there were 21 nominations and all received an award
certificate. The winners were: Barb Ackley who is a helper to many in large and small ways. Yvonne Fish-Kalland who developed and
maintains public flower beds. Teri Pelton who also helped develop and maintains public flower beds. The Browns who have the most
improved yard. The Corl’s who are persistent despite mother nature. Chris Applegate for her continued effort in organizing the Virgil
Farmers Market. Marge Hubbert who performs many kind gestures often times anonymously. Donna Timmerman who continues to
keep her yard decorated beautifully. Alane Van Donsel for her untiring support for the Virgil School, it’s students and the community.
Rylie Sabin who is a helper to many. Pastor Steph Brown, who has a generous heart of gold and who is unselfishly giving in many ways.
Marsha Powell who has been a group leader for many years of the maintenance of the gazebo flower garden. Jimmy Wise who is a
quiet and generous assistant in many ways. Rachel and Courtney who have one of the most improved flower beds. Price said that at
a time where there is so much negativity, it was good to see all the good that is in our community. Price asked if there were any
questions from the board. Member Stiles asked Price what was happening with the flow control at the land fill, as he is concerned
about it. Price said she is concerned as well. Stiles said that if they pick up a little bit of garbage outside the county they can’t bring
the whole load in. Stiles was inquiring about the County Attorney position. He was wondering what the term limit is on that position
and if it was an appointed position. Price said that it is a 2-year term and the current term will be up in January. Stiles was wondering
if the county could look for someone with experience. Stiles is frustrated with what the current attorney has done. Price said she is
also frustrated with the landfill and the solar law. Stiles said that the loophole should have been caught. Price said that in county
attorney’s defense, the legislator had hired an attorney to write the law. Stiles asked about the land on route 281 that was donated
to the county for the jail complex. He wondered with no plan to build a new jail, will that land be put back on the tax roll? Price said
that there are some people that still have hopes in building the complex. Stiles said that there are many people who would like their
land off of the tax roll. Stiles wanted to know how Mr. Canfield and another gentleman were chosen. Price said that there was a
contractual agreement for the two people for a short period of time. Stiles felt that the county was opening up themselves for a
lawsuit. Stiles wanted to know why the county highway superintendent resigned. Price said that Mr. Krey’s term was up and another
person resigned on a personal matter that can’t be discussed. Price said that there should be an another one appointed at the end of
the month. She said that there will also be another Veterans Officer and maybe a county administrator as well. She said that there are
suggested qualifications. Stiles wanted to know if they pay everyone a high amount of money to everyone that comes in. Price said
that the management compensation package is based on a number of years of experience. Kaminski said that people hired at the
county level should be hired not appointed. Price said that there is highway committee of 7 people and she is on it. She said that the
full legislator makes the final decision. She said there is no money budgeted for the county administrator and it is unknown when they
would start. Member Stiles motioned to accept the County Legislators report. The motion was seconded Member Snow Vote: Ayes-
Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays- None
VIRGIL YOUTH COMMISSION REPORT: Corena Morse of the Virgil Youth Commission submitted a written report and reported that
there is money in the checking, but they do not have a saving account. Kaminski said that they will set a savings account with two
names on it to approve transactions. There are some events planned for the next few months. There will be a trick or treat event in
October. The dish to pass gathering will be postponed until February or March. In December the ski club will begin. Morse said she
has to get in touch with the school district, because last year they were charged for busing. She is concerned because she knows they
are short on buses this year. Stiles said that he has heard concerns about the future of the Virgil ski club, due to the closing of the Virgil
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Elementary School. Wes Kryger said that they will continue to honor that program for Virgil residents. Morse asked if Greek Peak
would be able to honor the club for Virgil homeschooled students on a different day. Morse said that they would like to attend with
other home schoolers. Wes said they can look into that. 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
HOPE LAKE OPERATIONS REPORT: Wes Kryger reported that the summer operations are closed for the season. He said that there are
two events planned for the fall one is a wedding and the other is a reunion. Kryger said that they started lowering the level of the lake
to start the dredging work. Kaminski asked if they could open the valve a little more, as they are only down 2.5 feet and they need to
be down 4 feet. Kryger agreed.
HIGHWAY DEPT. SUPERINTENDENTS REPORT: Deputy Highway Superintendent Britt Morse was present and submitted a written
report. Board Member Pelton congratulated Morse on the work his crew did at the park and the transfer station. Supervisor Kaminski
said that the truck that hauls the trash compactor keeps breaking down. Morse said that it quit 13 times the other day. Morse said
that he contacted Ryder, where they bought it, and they said that they don’t buy anything. They did send a list of other vehicles that
could replace it. Kaminski said that they should start looking for a truck, they need to set a price range. Kaminski said that they need
to surplus the old one first and then pull the old bid specs. In the meantime, they are borrowing a truck from Dryden. Member Stiles
motioned to accept the Highway Supervisor report. Member Snow seconded the motion. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays: None.
RESOLUTION #18-102 APPROVAL TO SURPLUS A 2013 TRACTOR TRUCK ON AUCTIONS INTERNATIONAL: Member Stiles made a
motion to surplus the 2013 International tractor truck on Auctions International. Member Snow seconded the motion. Vote: Ayes-
Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None.
OLD BUSINESS
UPDATE ON HOPE LAKE PARK DREDGING: Kaminski said that they are scheduled to begin dredging on Monday He said that they plan
on working five days on the east end by Clute rd. They plan on fixing the pipe, stabilizing it and Rip Raping the bank. Kaminski was
wondering about purchasing the Rip Rap. Morse said that the company will deliver it anytime, but it is expensive. He said that he price
is on state bid. Kaminski said that once they stabilize the bank they will start dredging the lake.
UPDATE DATES FOR BUDGET WORKSHOPS: Kaminski said they will start working on the towns budget next Tuesday and the fire
district will begin on Monday.
NEW BUSINESS
PROPOSED LOCAL LAW #4 OF 2018- AMENDING THE TOWN’S ZONING LAW: Attorney Snyder said that the board needs to approve
the SEQR and they need to determine if there is anything that they need to declare as an environmental impact. If not, they can declare
a negative declaration if there are no issues and then they need to approve it. This Law, when approved will become Local Law #3 of
2018, as the previous Local Law #3 was never adopted.
RESOLUTION #18-103 APPROVE THE FULL ENVIRONMNETAL ASSESSMENT FORM FOR THE TOWN OF VIRGIL ZONING AMENDMENTS:
Member Stiles made a motion to approve the Full Environmental Assessment form declaring no environmental impact. Member Snow
seconded the motion. Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None.
RESOLUTION #18-104 APPROVE LOCAL LAW #3 OF 2018- AMENDING THE TOWN’S ZONING LAW: Member Stiles motioned to approve
Local Law #3 of 2018 amending the Town’s Zoning law. The motion was seconded Member Snow. Vote: Ayes-Members Pelton, Snow,
Denniston, Stiles and Kaminski. Nays- None
SEWER AND WATER CERTIFICATION FORMS: Supervisor Kaminski said that they found this form on file and they didn’t recognize it.
One form is for the Virgil Water district #1 and the other the sewer. Jenae Withey said that they recently saw it for the first time when
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a new water hookup was requested on Kypriotis Dr. She said that they have it filled out on their desk. It is stated that there is a $600.00
hook up fee. Kaminski said that they are going to suspend the form until they can figure out if they need it. Stiles suggested asking
Dale Taylor about it, as he was on the Town board for many years. Withey said that this is the first new water hook up for a brand-
new service that they have had since they have operated the Water District.
APPOINT A COMMITTEE FOR THE SCHOOL AND DEFINE THE MISSION: Supervisor Kaminski said that there is a signup sheet for those
wishing to serve on a committee that will help figure out options for the Virgil School building. Kaminski said that he has the numbers
from past heating and electric bills, as well as estimates on insurance and maintenance. He said that its going to cost the taxpayers of
Virgil approximately $57,000.00 a year in taxes to keep the building going. He said that it works out to be about .34 cents per thousand
dollars of assessed value on a property. He would like to see the committee come up with ways of generating income from the property
to offset the cost to the tax payers. He would like to see a business or something similar like to use the building. He would like to work
on the plan from now until spring. He said that in the spring the town would go out for a public referendum to see if tax payers and
residents wish to take over the building. He said that tax payers need to be aware of the costs, because the town will probably have
to exceed the tax cap. He said that the building will remain open for one year and then it will have to sit idle for another year, so it
wouldn’t be for more 2 years that the town would potentially take it over. He said that if anyone like to be on the committee, please
sign up. He said that he would like to have 2 board members on the committee. Bob Applegate wanted to know if the town will be
able to get the building from the school district cost free. Kaminski said that it’s not going to be a lot. Kaminski said that the town
wants the playground and the walking path and all the fields, but what we are talking about now is the building, a strip of land and the
front parking lot. He said that he’s been to the school twice to check it out. He said that he is not sure what the district is going to
leave as far as content. Kaminski said that there are brand new boilers and new insulated windows. He said that it would be cheaper
to build a new building than it would be to rebuild it. He said that the school puts a value of $500,000 on the building and the assessor
said it is worth around $750,000. Kaminski said that the town controls what happens with the building because of the zoning laws that
are in place. He said that if residents vote no, the school will have to continue to maintain the building. It was asked of an audience
member if there is a guarantee that the Town of Virgil will get the playground and walking trail. Kaminski said that there was state
money given for the walking trail, although there is no guarantee at this point. Patty DePerno said that her brother requested
information through a F.O.I.L. request. She said that they F.O.I.Led the minutes from the Virgil school broard from 1963-1964 and they
found out that Virgil was going to merge with Dryden. Kaminski said that the Town F.O.I.Led the minutes as well and that Virgil was so
big that they wanted to build on to the school, but the state said no and forced the Virgil Central School to merge. In the minutes there
was a clear concern for the Virgil students. The residents of Virgil voted to go to the Cortland City School District, and after that the
minutes changed direction. The Cortland City School District would do the final agreement and planning. Then two months later the
merge occuered. DePerno looked at the1964 voter sheets and said that there are 5 or 6 people on the list that are still alive. She also
noticed that the minutes became vague at one point. Kaminski said that his mother remembers that local representatives came to the
house with petitions and they said there was a guarantee that the school would never be closed. Lori Megivern asked about an Email
from a former Virgil principal that said there was a merger document spelling out the agreement. Kaminski said that a former principal
said there was a document, but they looked for it and couldn’t find it. He said that it’s the principal’s word against the school district’s
word. Megivern asked if the district ever gave a reason for removing the safe? Kaminski asked if it would it make a difference. There
is no answer on why the safe was moved. Kaminski said that some of the board members had a tour of the building and the principal
refused to give the business official the combination of the safe. Kaminski said he wanted the agreement. Attorney Snyder said that if
the document existed, it was never referred to in the minutes. Snyder thinks that it would have showed up in minutes. DePerno said
that another attempt to close the school was made and Marsha Carlson was very instrumental in stopping that. Marsha Kept
everything and she was wondering if she might have had the document. Maybe it’s at the college. Ray Stevens name was mentioned
as a person that was on the board in 1965 having been elected after the merger took place. Kaminski said that at this point they need
to form a committee. There is a signup sheet for people interested and there is a tally of the costs available on the website. Legislator
Sandy Price said that Senator Seward is very interested in what happens to the school and the walking trail. Supervisor Kaminski said
that the school answered the F.O.I.L. request, they can’t find the document they were looking for. It was asked if anyone has
approached the school board regarding the town taking over the school? Someone said they were approached by other entities,
however the Superintendent said that it was a rumor. Kaminski feels that they really want to pass it on to the Town. It was stated that
If they sell the building for $500,000 they lose state aid. Bob Applegate asked if the town should try to get all the properties in Virgil
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reassessed because of the school closing. Kaminski said that people have started selling their homes and they are selling in five to
seven days. Sandy Price feels that there will be an economic impact. Lori Megivern said that there are a lot of people moving out of
state.
WORKER’S COMPENSATION: The town received a bill from the county for workers compensation. Member Matthew Denniston who
sits on worker’s compensation committee said that the bill doesn’t match what the town budgeted for workers compensation.
Supervisor Kaminski said that they will have to look at it at budget time.
AUCTIONS INTERNATIONAL RESULTS: Supervisor Kaminski said that they received the check for the roller for $18,000.00. Member
Stiles asked the Town clerk if they had already approved this, she said yes.
FURTHER DISCUSSION
DISCUSSION ON A LETTER FROM NEW YORK STATE REGARDING CIVIL SERVICE LAW: The town received a letter from New York State
regarding potential disciplinary actions against civil service employees. Kaminski said that according to this letter action cannot be
taken against a civil service employee until they have a formal hearing.
RENOVOUS LETTER- Supervisor Kaminski said that the company Renovous is looking into installing a solar farm on Page Green Road
on the Lynch farm. This project is much smaller than the one that was previously proposed by Distributed Sun. It will only encompass
one acre., however it will still be considered to be a commercial project.
FRANCIS ROAD BRIDGE: There is a bridge on Francis Rd. that has been flagged by the state. The town couldn’t fix it without the services
of an engineer. The town found a company that specializing in this type of work, however the job will need to go out for a request for
proposal, as per the towns procurement policy. Kaminski would like to hold a special meeting to open the RFP’s. The Town Board will
review and award the proposals at that meeting, so they can get the project underway. Kaminski is concerned that if they don’t move
ahead, they will have to wait another year before work can commence. Kaminski said that he would write up the engineering proposal
and get it posted. He would like to have the bids back by September 27th. Attorney Snyder said that the town will have to advertise
the request for proposal in the paper.
RESOLUTION #18-105 SET A SPECIAL MEETING TO OPEN AND AWARD PROPOSALS: Member Stiles made a motion to set the special
meeting date on September. 25th 6:00 PM. RFP’s need to be submitted by September. 21st. Member Pelton seconded the motion.
Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None. (It was later discovered that this time frame would
not work, so the date of the special meeting was posted as: PLEASE TAKE NOTICE: The Virgil Town Board will hold a special board
meeting on Oct. 2nd, 2018 at 6:00 PM at the Virgil Town Hall, 1176 Church Street, Virgil NY 13045 to review Requests for Professional
Services for an Engineer to perform a site visit inspection on a bridge in the Town of Virgil on Francis Road.
COUNTY SOLAR ENERGY LOCAL LAW- Sandy Price said that he County has passed a Local Law regarding the taxing of commercial solar
projects. Price said that presently commercial solar arrays are not taxable. Price said that if towns want to tax solar farms they will
have to pass their own local law.
RESOLUTION #18-106 BOARD OF ASSESSMENT REVIEW APPOINTMENT: Member Stiles made a motion to approve Sarah Dean to the
Board of Assessment Review. Member Snow seconded the motion. Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays:
None.
WIDENING OF VAN DONSEL ROAD: Town resident Robert Applegate commended the Virgil Highway Department for the work they
performed on Van Donsel Road. He said they did a great job on widening the road and that leaving the bridge narrow is a good
deterrent for speeders. Highway Superintendent Britt Morse thanked Applegate.
With no further business to discuss, Member Stiles moved to adjourn the meeting at 7:30 PM. Member Snow seconded the Motion.
Vote: Ayes-Members Pelton, Snow, Denniston, Stiles and Kaminski. Nays: None
Virgil Town Board Meeting September 13th, 2018
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Respectfully Submitted by,
Alane Van Donsel, Virgil Town Clerk
Virgil Town Board Special Meeting October 02, 2018
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TOWN OF VIRGIL SPECIAL MEETING
October 02nd, 2018
PRESENT: Supervisor John Kaminski, Deputy Supervisor Jereme Stiles, Town Council Members Eric Snow, Matthew Denniston and Gary Pelton,
Town Clerk Alane Van Donsel
6:00 PM – SUPERVISOR KAMINSKI CALLED THE SPECIAL MEETING TO ORDER
LEGAL NOTICES: Legal Notices were posted in the Cortland Standard on September 21st, 2018 and the notices were Posted at the Virgil Town Hall
regarding the special meeting and the opening and awarding the request for proposals for Engineering Services for the Francis Road bridge:
NOTICE OF SPECIAL MEETING OF THE VIRGIL TOWN BOARD:
PLEASE TAKE NOTICE: The Virgil Town Board will hold a special board meeting on Oct. 2nd, 2018 at 6:00 PM at the Virgil Town Hall, 1176
Church Street, Virgil NY 13045 to review Requests for Professional Services for an Engineer to perform a site visit inspection on a bridge in
the Town of Virgil on Francis Road.
REQUESTS FOR PROPOSALS:
The Town of Virgil is seeking a request for professional services (bridge engineer, must have a current license in New York State) for a site
visit inspection of Francis Road Bridge, Virgil, NY 13045. Inspections may entail both drilling, probing of wooden beams and performing a
thorough visual inspection of all glue-laminated beams, steel connections and planking. Inspection includes performing an engineering
analysis on the framing components. All pertinent measurements will be verified in the field and minimum live load of 36 tons will be the
applied basis. Field report and budgetary numbers will be issued upon completion as well as a formal proposal to perform any necessary
repairs or code upgrades; all repairs must be approved by New York State Department of Transportation bridge engineer.
Proposals should be presented to the Virgil Town Clerk by mail, in person, by fax or by Email at Virgil Town Hall 1176 Church Street, Cortland
NY 13045, Fax 607-835-6668 E-Mail virgilhall@frontiernet.net. Proposals should be received by September 28th 2018 at 2:30 PM. The
Proposals shall be opened, reviewed and awarded at a Special meeting of the Virgil Town Board to be held on October 2nd at 6:00 PM. The
Town of Virgil reserves the right to reject any and all bids.
DISSCUSSION: Supervisor Kaminski said that the board did not receive any proposals from local engineers. The proposal that the town did get was
from Pennsylvania firm that is not licensed in New York State. Deputy Supervisor Stiles wondered what they should do. Kaminski said that the thinks
they should contact the company that built the bridge.
With no further business to discuss, Supervisor Kaminski asked for a motion to adjourn. Member Stiles moved to adjourn the meeting at 6:05 P.M.
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
TOWN OF VIRGIL
2019 CONSOLIDATED RESERVES BREAKDOWN
DATE ACTION
Building Fund &
Repair Rserve
Transfer
Station Reserve
Equipment
Reserve
Sewer Repair
Reserve
Water Repair
Reserve
Unemployment
Reserve
General Fund
Retirement
Reserve
Highway Fund
Retirement
Reserve Total
196,548.05$ 66,654.69$ 20,952.37$ 44,205.65$ 244,781.63$ 6,685.40$ 18,170.12$ 16,933.06$ 614,930.97$
8/1/18 Interest 33.38$ 11.32$ 3.56$ 7.51$ 41.57$ 1.14$ 3.09$ 2.88$ 104.45$
8/3/18 ID fees 495.00$ 495.00$
196,581.43$ 67,161.01$ 20,955.93$ 44,213.16$ 244,823.20$ 6,686.54$ 18,173.21$ 16,935.94$ 615,530.42$
9/1/18 Interest 33.38$ 11.40$ 3.56$ 7.51$ 41.58$ 1.14$ 3.09$ 2.88$ 104.54$
9/4/18 ID fees 342.00$ 342.00$
196,614.81$ 67,514.41$ 20,959.49$ 44,220.67$ 244,864.78$ 6,687.68$ 18,176.30$ 16,938.82$ 615,976.96$
TOWN OF VIRGIL, NEW YORK SEPTEMBER, 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
13 DECALS 62.60
62.60TOTAL TOWN CLERK FEES
A1270
46 PHOTO ID FEE 406.00
406.00TOTAL A1270
A1670
3 POSTAGE 24.60
24.60TOTAL A1670
A2115
1 MINOR/MAJOR SUBDIVISION 175.00
175.00TOTAL A2115
A2544
44 DOG LICENSES 414.00
414.00TOTAL A2544
A2590
4 BUILDING PERMITS 300.00
300.00TOTAL A2590
A2655
40 PHOTOCOPIES 10.00
10.00TOTAL A2655
SEPTEMBER, 2018
TOWN CLERK'S MONTHLY REPORT
page 2
DISBURSEMENTS
1,392.20PAID TO SUPERVISOR FOR GENERAL FUND
1,072.40PAID TO NYS DEC FOR DECALS
50.00PAID TO AG & MARKETS FOR DOG LICENSES
2,514.60TOTAL DISBURSEMENTS
OCTOBER 2, 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
9008 State Rte. 13 Phone 315-245-
4444
Camden, NY 13316 Fax: 888-907-
3020
info@camdengroupusa.com
October 9, 2018
Town of Virgil, Wastewater Treatment Plant Operations for September 2018
Wastewater Treatment
Facility
Average daily flow (Million Gallons / day) .029553
Sampling
BOD influent 1700 BOD effluent 2 Permit limit 15
TSS influent 216 TSS effluent 4 Permit limit 15
NH3 influent NH3 effluent 0.15 Permit limit 2.0
Chlorine
Residual
N/A C12 effluent 0.11 Permit limit .35
Fecal N/A Fecal effluent <1 Permit limit 200/400
Ø Facility wasted approximately 49,000 gallons of sludge. We sent out 8,000 gals of
stabilized sludge to City of Ithaca.
Ø Camden Group received #1 Air-o-Lator back, installed and it has been running
okay. Motor Amps are still higher then recommended by manufacture which are
max 27 amps. Per motor rebuild company all good to run at 30 amps.
Ø #2 Air-o-Lator has been sent out and diagnosed with a lot of damage. This was
caused by two issues #1- it took 3 months to receive #1 motor back. This enabled
us to remove and have #2 serviced at proper intervals. #2- when nose cone broke
over winter and had to have impeller realigned this was not done on a machine but
in the field which we believe did not get 100% straightened and ruined the
fairwater end of motor. Please see attached quotes for motor rebuild or replace.
Ø Camden Group has provided estimates to the Board for the sludge holding tank.
Please let us know if you need further assistance before moving forward.
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. Looks great
Ø System looks good.
AIR-O-LATOR CORPORATION QUOTATION No. 218132
4401 E. 140th Street PLEASE INDICATE THE ABOVE NUMBER WHEN ORDERING
GRANDVIEW, MISSOURI 64030
(816) 363-4242 800-821-3177 FAX: (816)363-2322
TO: Town of Virgil
QUOTATION DATE: 10/09/2018
1176 Church St.
SALESPERSON: Roy Watkins
Cortland, NY 13045
JOB: Town of Dryden, Dryden, NY
ESTIMATED SHIPPING DATE SHIPPED VIA F.O.B. TERMS
6 to 8 weeks 2% 10 Days
After receipt of order Best Way Grandview MO. Net 30 Days
QTY DESCRIPTION PRICE AMOUNT
Per your request we are pleased to provide the following quotation.
1 90EIIMA102303 Enterprise II Mixer Motor Assembly, 10 horsepower, 9,270.00 $9,270.00
230-volt, 3 phase, with fairwater and 30’ of power cable.
NOTES:
1.) Quotation does not include freight charges.
2.) Quotation does not include start-up, installation or any other items not
not specifically described herein.
WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL
RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR 60 DAYS . THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE.
BY________________________________________________________ ACCEPTED______________________________________DATE_________________
October 2, 2018 Volland Electric Proposal # SQ86144-1
Camden Group
Attention: Dave
Reference: 10HP Submersible Motor with Impeller
Proposed Scope of Recondition
-Disassemble, test and inspect the motor & create a digital photographic record.
-Steam-clean/oven-dry and bead blast all components as required.
-Resin-treat the stator windings.
-Shorten and re-pot power cord in cable cap, we will eliminate the control cord.
-Dynamically balance the rotor and impeller to a precision standard.
-Furnish and install replacement mechanical seals.
-Furnish and install replacement bearings.
-Reassemble the motor and perform final electrical testing.
-Test run the motor at rated speed and voltage.
-Perform vibration analysis.
-Paint the motor, perform quality control inspection and prepare for shipment.
***One Year Warranty on Volland Electric Workmanship and Materials***
Estimated Price
$ 2,450.00
Approximately 2-3 weeks from receipt of order. We could expedite as required
Adder to re-pot power cord
$ 380.00
Adder to furnish and install new lower Air-O-Lator Fairwater assembly
$2,703.00
Thank you for the opportunity to submit this proposal, we look forward to working with
you.
Regards,
Kirk Graham
Kirk Graham
Vice President
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 08/01/18 to 08/31/18 DMR Due Date:09/28/18 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 =24 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 =27794 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 =200 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 =8 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 =6 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 =1800 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 =0.42 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 =0.19 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 =33 =33 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 =100 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
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VirgilMOR.pdf pdf 804655
Report Last Saved By
VIRGIL (T) SD#1
User:admin@camdengroupusa.com
Name:Cindy Cameron
E-Mail:admin@camdengroupusa.com
Date/Time:2018-09-20 09:19 (Time Zone: -04:00)
Report Last Signed By
User:info@camdengroupusa.com
Name:Kenneth Scherrieble
E-Mail:info@camdengroupusa.com
Date/Time:2018-09-26 15:28 (Time Zone: -04:00)
131 Port Watson Street, Cortland New York, 13045
Office: 607-753-1477 Fax: 607-753-1479 www.w2oJenae@outlook.com
October 2, 2018
Mr. John Kaminski
Town of Virgil Supervisor
1176 Church Street
Cortland, NY 13045
Re: September Operations Report for the Town Water System
Mr. Kaminski and Virgil Town Board Members,
All samples for this month came back normal.
We read water meters for the third quarter.
The pressure release valve for the pump house has been installed and is working perfectly.
Sincerely,
Jenae Withey
LEGISLATORS REPORT FOR OCTOBER 2018
On Wednesday October 17th there will be a 34th anniversary celebration at the Creamery Hills Senior Center. Dinner is
at 5:00 pm. John Storie will provide musical entertainment afterwards. Call Joyce Van Deweert 844-3808 for
reservations.
The local law regulating flow control for solid waste was amended to tighten up "loop holes". It appears that it is a work
in progress as we experience this new and different way of managing the landfill. Jim Doss from Harford was present
and suggested that the word "will" be replaced with "must". His great suggestion was incorporated and it passed
unanimously.
Highway news:
Total county road mileage- 247.72 miles
FYI: Total town mileage for Harford -24.87 miles, for Virgil -58.23 miles Charles Sudbrink was appointed Cortland County
Highway Superintendent.
In the recent past three department heads presented the need to hire above base. They explained the need, the
experience the candidate possessed, and the benefits of hiring an experienced person. I listened with an open mind and
supported each one. With the highway superintendent all that information wasn't initially available. Thus I did not
support it. When that information was presented - the need, the experience, the benefits - I could justify changing my
decision. I supported, along with all other Legislators except for two who voted no and two who were excused, Charles
Sudbrink as Highway Superintendent. I voted yes not because l like him, not because he is a fellow legislator, not
because he is chair of the Legislature but because of his experience, our need and the benefits we will realize with him in
that position. The appointment is until October 1, 2022 with an annual salary of $83,814.
Arthur Timmons was appointed Veterans Service Officer. He is a veteran and has been working in that office for some
time. He's replacing Carl Bullock who recently retired after years of excellent service to our veterans and their families.
Welcome Art; thank you Carl.
New York State has mandated a salary increase for the District Attorney. His salary will now be $197,600. This is just
another way that the state controls our budget.
The Shared Services Plan was accepted. This is the result of many months of combined efforts of municipal leaders. I
enjoyed being a part of that venture. Kudos to all those who contributed.
Is there anything I should be aware of or doing?
Sandy Price
1189 Church Street
Cortland, NY 13045
Thought for the month:
Ships don't sink because of the water around them; ships sink because of the water that gets in them. Don't let what's
happening around you get inside you and weigh you down.
Youth Commission Minutes
October 2, 2018
Attendance: Sue Connelly, Jen Stiles, Amanda Peck, Jackie Carr,
Cassondra Morse, Corena Morse
Called to order at 7:00
Treasurer's Report:
Checking account balance: 25, 839.33
We decided to move 25,000.00 into a money market account. This is to
be used possibly towards the playground when we find out for sure what
will happen with it. Also we may need money in the future to bus children
from the “Sister” schools to greek peak if we are going to continue the ski
program for Virgil Youth, grades 3-6.
Old Business
1.Before and After School Program: we still have 5 families with
outstanding balances. The outstanding total is around $800-900.
2.Youth Commission Budget: we will still have a $200.00 budget from
the “Town” to work with this year.
3.Ski Club: Amanda shared the packet that will be going home with the
students at Virgil Elementary and available to community at the
Town Hall.
●New this year is free helmets for students when skiing
●The district will due their best to have a bus available to take
the school students to Greek Peak after school on ski nights.
However, right now there is a driver shortage so they can not
commit. They did however agree to NOT charge if they are able
to bus the students.
●Corena will call Cortland Transit to see if they would be
available IF we need a back-up and how much that would cost
us. Greek Peak can not help with their shuttle buses.
●Corena also still needs to call Kim Thayer about the Home
School Children.
4. October Party - Trick or Treat-
●This will be on October 20th from 6-7pm
●It will be a Costume parade and contest
●Prizes will be given out at different age groups and we are
going to add a family category
●We will have some law enforcement officers coming to do a
short Halloween safety presentation
●Refreshment will be Hollenbeck’s - cider and donuts
5. Community Dish to Pass Dinner:
●After much discussion it was decided that due to Health Dept
regulations the dish to pass was not going to work
●We are going to ask Linda if she would like to have an ice cream
social instead. The Youth Commission would provide the ice
cream for this.
●We looked at the PTO events schedule and decided that
January was a not too busy month.
●Two different dates in January are being considered for this
even January 11 or 25.
New Business
1.Christmas Caroling-
●December 19th
●Jen Stiles will organize this event
2. PTO- Bingo and Baskets
●March 15 - we talked about Youth Commission joining the PTO
for this event. They would advertise that profits would got to
the Youth Commission to help provide further programs for the
Virgil youth.
●We can get an idea of how this is run so that we can continue
offering it even when the school closes.
3. Early Morning DayCare?:
●Sue Connelly was approached by parents asking if the Youth
Commission would provide day care from 6am-7am. The new
program does not start until 7am.
●NO we will not provide daycare we are out of the Daycare
business
4. Fireworks:
●We were asked for $5,000.00 so that the Hope Lake fireworks can
begin.
●It was discussed at length and decided we would give a one
time donation of $500.00 but we are Not giving $5,000.00
●Youth Commission has not run programs to raise money. We
realize we have the money in our savings now.
●However, if we give to one person asking then we would feel the
need to give to others who ask.
●During our discussion it was decided we would like to save the
funds for something more permanent for the community.
Meeting adjourned at 7:15
Next meeting will be November 6th at 6:00 at the Town Hall
Town Highway Superintendents Monthly Report
September was a busy wet month we spent a couple weeks working up at Hope
lake dredging out the lake and then have been working on ditching and patching getting
ready for winter. We are still waiting on a date for oil and stone everything has been
pushed back because of the weather hopefully we will be scheduled soon. Also currently
we are hauling grindings from RT 11 we will use them to pug mill Curtis rd next year and
hopefully other roads if we have enough. Oil and stone is going to change a little bit in
the next few years the state no longer wants us to use oil and stone on CHIPS funding so
they have extended the requirement on how long it has to last. With the new
requirement we will be doing more road reconstruction and less oil and stone every
year. Surface treating will probably be cut from 10-12 miles a year to 6-8 miles per year
but you will see more roads being re-stabilized and more large culverts being replaced.
Britt Morse
Town of Virgil Highway Supt.
Gasoline
Highway Department Fire Department TOTAL
Recorded Used 317.3 gallons 38.1 gallons 355.4 gallons
Actual odometer reading 318.1 gallons 55.9 gallons 374.0 gallons
Difference of -0.8 gallons -17.8gallons -18.6 gallons
Starting Odometer On 9/10/2018- 35,597.0 On 9/10/2018- 1,517.0
Ending Odometer On 10/9/2018- 35,915.1 On 10/9/2018- 1,572.9
DIESEL
Highway Department Fire Department TOTAL
Recorded Used 1,707.7 gallons 134.8 gallons 1,842.5 gallons
Actual odometer reading 1,709.0 gallons 134.9 gallons 1,843.9 gallons
Difference of -1.3 gallons -0.1 gallons -1.4 gallons
Starting Odometer On 9/10/2018- 110,316.0 On 9/10/2018- 2,994.2
Ending Odometer On 10/9/2018- 112,025.0 On 10/9/2018- 3,129.1
CORTLAND ENLARGED CITY SCHOOL DISTRCIT/ TOWN OF VIRGIL
2018/2019 SNOW PLOWING AGREEMENT
This Agreement entered into this ____ day of ________________ 2018 between the CORTLAND ENLARGED CITY
SCHOOL DISTRICT, 1 Valley View Drive, Cortland, NY 13045 and the TOWN OF VIRGIL, in the County of Cortland, State of
New York, is for the plowing of snow in certain areas around the Virgil Elementary School, for a period of one year,
being the 2018-2019 school year.
SCOPE OF WORK:
Plowing of snow and sanding as necessary from the areas around said school building known as the parking lot,
bus area and the roadway to the cafeteria. This contract excludes the small parking lot in the front of the
building off Church Street.
For the satisfactory performance of the above service, the CORTLAND ENLARGED CITY SCHOOL DISTRICT agrees to pay
the sum of:
Four Thousand Two Hundred and Fifty Dollars ($4,250.00) for the 2018-2019 school year- plowing
Two Thousand Two Hundred and Fifty Dollars ($2,250.00) for the 2018-2019 school year- sanding
before the end of said school year (June 30, 2019) to the TOWN OF VIRGIL after the submission of the attached claim
form by the TOWN OF VIRGIL.
In the event of extraordinary weather conditions resulting in plowing and sanding beyond what is usual, regular or
customary, the CORTLAND ENLARGED CITY SCHOOL DISTRCIT agrees to pay in addition to the sum above:
10% times the total District cost in excess of $17,650.00 for Snowplowing/Removal/Sanding paid to all
contractors during the 2018-2019 school year. (The figure $17,650.00 representing the District’s usual, regular
or customary cost for Snowplowing/Removal/Sanding.)
before the end of said school year (June 30, 2019) to the TOWN OF VIRGIL. District calculation and notification of any
additional payment due to the Town will be made in June of 2019.
The bill for such service shall be payable when rendered on the claim form provided by the CORTLAND ENLARGED CITY
SCHOOL DISTRICT.
The District additionally agrees to reimburse the Town of Virgil at the rate of sixty-five dollars ($65.00) per hour for the
plowing of the Virgil Elementary School Parking Lot North. All Bills are to be submitted by the Town monthly.
This Agreement, when signed by agents of both parties thereto, shall be in force from the date specified above, until
June 30, 2019.
CORTLAND ENLARGED CITY SCHOOL DISTRICT TOWN OF VIRGIL
______________________________________ ____________________________
Director of Business Services Town Supervisor
1
AGREEMENT FOR OPERATION AND MAINTENANCE OF
THE TOWN OF VIRGIL WATER DISTRICT NO. 1
MADE this 14th day of December, 2016 by and between the Town of Virgil on behalf of
the Town of Virgil Water District No.1, 1176 Church Street, Cortland, New York 13045 (herein
referred to as "the District") and W2 Operator Training Group, LLC, having a business address of
131 Port Watson Street, Cortland, New York 13045 (herein referred to as "the Contractor").
WHEREAS, the Town of Virgil has formed Town of Virgil Water District No.1, and
WHEREAS, formation of the District was based upon a map, plan and report prepared
by Resource Associates dated December 2, 1997, last revised July 27, 1998 which map, plan and
report are incorporated herein by reference, and
WHEREAS, the District owns the water production, transmission, storage and
distribution facilities, such facilities being herein referred to as "the water system", and
WHEREAS, the operation of the water system is a technical and scientific operation and
requires personnel with proper training, experience and licensing, and
WHEREAS, the Contractor has experience in operating water systems including the
employment of personnel who are currently trained and licensed, or possess the required
certificates to operate the water system, and
WHEREAS, the District has investigated the qualifications of the Contractor and its
personnel including their professional credentials, qualifications, licenses and certificates and is
satisfied that the Contractor and its personnel possess the qualifications, training, experience,
licenses and certificates to properly operate the water system, and
WHEREAS, a Request for Proposals was published in the town’s official newspaper on
September 16, 17, 19, 20 and 21, 2016 and the Contractor has submitted a proposal in
accordance with the RFP,
2
NOW, THEREFORE, the District and the Contractor hereby agree as follows:
1. Operation of Water System. The Contractor shall operate the District's water system
for the term herein expressed and for the payment herein provided and according to the
provisions of this agreement. The Contractor shall furnish all vehicles and equipment required to
perform this agreement.
2. Term. The term begins January 1, 2017 and ends on December 31, 2018. Thereafter
this agreement will be renewed for one two (2) year term unless either party shall first notify the
other in writing at least 90 days prior that they choose not to renew this contractual agreement.
3. Payments to the Contractor. The District will pay the contractor a monthly payment
of $3,000.00 for the year 2017, and a monthly payment of $3041.66 for the year 2018. If the
contract is extended, the monthly payments will be $3,083.33 for the year 2019 and $3,125 for
the year 2020, which amount shall cover all of the services of the contractor under this
agreement. The Contractor shall submit a monthly voucher to the Town of Virgil for the
contract fee and reimbursable expenses, if any. The Contractor must comply with the Town
Procurement Policy prior to being reimbursed for any expenses.
4. System operation. (a) Contractor shall operate the District's water system in
accordance with all applicable Town, County, State and United States permits, statutes, laws,
codes, rules, regulations, directions, orders and according to accepted standards for such
operation. A minimum of two licensed Grade C operator must be on staff and at least one present
on site every day during the contract period. The contractor must have a minimum of two Grade
D operators on staff for water main maintenance and repairs. The contractor must have
appropriate personnel on call 24 hours a day, 7 days a week.
The Contractor will be responsible for payment of any and all citations/fines caused by
operator error as determined by the Department of Health or in the absence of a determination by
the Department of Health, as determined by an engineer selected by agreement between the
parties, with the cost for such engineer to be shared by the parties.
The contractor must own and operate appropriate equipment to perform all operation and
maintenance of the facilities. This will include a backhoe, ditching equipment, air compressor
3
and a dump trailer or dump truck. The contractor must also be Dig Safe New York Excavator
qualified.
(b) The Contractor shall be responsible for all sampling, testing and laboratory analysis.
Any laboratory analysis to be submitted to any regulatory agency, body, commission or the like
having jurisdiction over the operation of the water system shall be performed by a properly
certified laboratory. The District approves the use of Microbac Laboratories, so long as they
maintain their status as a certified laboratory. The District shall reimburse the contractor for
required laboratory expenses and all those required by DOH.
(c) Contractor shall maintain accurate and complete daily records of all operations
involving the water system and District equipment. The District may require the Contractor to
submit to it reports or copies of such records at such frequency as it shall determine. The reports
shall be in such form and in such detail as the District may reasonably require. Such reports may
be in addition to any other required reports, inspections or records which are required to be
submitted or filed by any regulatory agency, body, commission or the like having jurisdiction
over the operation of the water system. Copies of all specified records will be placed on file with
the Town Clerk.
(d) The contractor shall be responsible at its own cost for all routine maintenance and
minor repair to the District's facilities, structures, piping and grounds, including snow removal,
cleaning, mowing, landscaping, painting and minor repairs to electrical, plumbing, heating and
cooling systems.
(e) The Contractor shall be responsible for all routine and preventative maintenance of
the District's pumping, treatment, storage and transmission facilities (the water system) and
related equipment, tools and appurtenances in accordance with the equipment manufacturer's
recommended maintenance and replacement schedules.
(f) The Contractor shall be responsible for trash, garbage, refuse and debris disposal to
the town's dumpster.
(g) The Contractor shall annually inspect and flush the water mains. The Contractor shall
submit a report documenting such inspections and flushing to the Town Clerk.
(h) All electricity, natural gas, propane and other utilities including alarm system
expenses will be billed directly to the District unless the District shall specifically authorize
otherwise, in writing.
(i) All materials, supplies, equipment, tools, chemicals, inventory of spare parts, records
4
and record keeping materials shall be the property of the District. The Contractor shall keep an
up-to-date inventory of all of the same and shall, at least semi-annually, submit a current
inventory of the same to the District, and to the Town Clerk.
(j) All purchases made by the Contractor shall be made on behalf of and in the name of
the District and shall be by vouchers to the Town of Virgil for payment. The Contractor shall at
all times comply with the Town of Virgil Procurement Policy and the provisions of Article 5-A
of the New York General Municipal Law. For the purposes of this sub-paragraph the Contractor
shall be deemed to be the agent of the Town, acting on behalf of the District.
(k) The Contractor shall assign its personnel for 10 hours per week for water system
operation and maintenance of the water treatment facility. In addition to the minimum hours
required hereunder, the Contractor shall assign such personnel as are necessary to operate the
water system according to all permits and requirements of any agency, body, commission or the
like having jurisdiction over the operation of the water system and to perform Contractor's
obligations hereunder. All personnel shall be qualified to perform the tasks assigned to them, and
if required, shall hold necessary qualifications, licenses, permits or certificates to operate the
water system or equipment. Copies of current licenses, permits or certificates of any such
personnel assigned by the Contractor to operate or maintain the water system or equipment shall
be filed with the Town Clerk of the Town of Virgil.
(1) The Contractor shall be responsible for meter reading, repair and calibration, if
necessary. The District will be responsible for all billing. The contractor shall not accept any
payments from any district customer.
(m) In August of each year the Contractor will assist the District in preparing a budget for
the next calendar year. The budget shall be based upon past expenses incurred by or on behalf of
the District and shall include anticipated or scheduled replacement and upgrades to the water
system. The budget shall also project an estimate of revenue for the next calendar year.
(n) The Contractor shall be exempt from “Right of Way” permits as it relates to the
performance of services on the Town's behalf.
5. Unanticipated Services. This Agreement contemplates that for the payment herein
provided to the Contractor, that the Contractor will repair minor leaks or damage to the water
system, perform repair or calibration of water meters. In the event of a major leak or major
damage to the system which, in the opinion of the Contractor, is not within the scope of the
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services called for herein, the Contractor shall immediately notify the Town Supervisor of the
Town of Virgil. The Contractor shall advise the Town Supervisor of the nature of the problem
and the estimated cost to repair the same. Except in the case of an emergency, the Contractor
shall not be required to proceed to repair a major leak or major damage without the prior
approval of the Town Supervisor. In the event of an emergency, the Contractor is authorized to
take such action as is reasonably necessary under the circumstances to protect the water system
and any property from unnecessary damage. "Major" for the terms of this Agreement shall mean
a repair or damage, the cost of which to repair will reasonably exceed $100. “Minor” for the
terms of this agreement shall mean any repairs costing less than $100.
6. Wages, Workers Compensation Insurance. The Contractor shall be responsible for
the determination of the amount of, and payment of, wages to its personnel and shall comply
with all applicable Town, County, State and United States Statutes, laws, codes, rules,
regulations, directives and orders pertaining to employment, including those of the Occupational,
Safety and Health Administration and the New York State Department of Labor. The Contractor
shall furnish the proof of compliance with the provisions of the New York Worker's
Compensation Law to the Town Clerk of the Town of Virgil. In no event or circumstances shall
the Contractor or its personnel be considered employees of the Town of Virgil or the District.
The relationship shall be that of principal and independent contractor.
7. Indemnification. The Contractor shall defend, indemnify and hold harmless the
District, the Town of Virgil and its officers from any and all claims, demands and causes of
action and suits, in law or in equity, arising out of the Contractor's or its employees performance,
or failure to perform, its obligations under this Agreement.
8. Insurance. The Contractor shall provide and maintain at its own expense a policy of
Commercial General Liability Insurance in at least the minimum amounts of $1,000,000 per
occurrence with $2,000,000 aggregate, with no umbrella coverage. Such policy shall be issued
by an insurer authorized to do business in New York State. The insurer, policy and any
endorsements thereto are to be in a form satisfactory to the District. The District, the Town of
Virgil and its officers shall be named as additional insureds. Proof of such policy shall be
delivered to the Town Clerk of the Town of Virgil. Such policy shall contain a provision that the
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insurer will not cancel or refuse to renew the policy without at least 15 days prior written notice
to the District.
9. Notices. Notices given pursuant to the provisions of this agreement, or necessary to
carry out its provisions, shall be in writing, and delivered personally to the party to whom the
notice is to be given, or mailed postage prepaid, addressed to such person. The District's address
for this purpose shall be 1176 Church Street, Cortland, NY 13045 or such other address as the
District may in writing designate to the Contractor. The Contractor's address for this purpose
shall be W2 Operator Training Group, LLC, 131 Port Watson Street, Cortland, New York 13045.
10. Entire Agreement. It is understood and agreed that all understandings and
agreements heretofore made between the parties hereto are merged in this Agreement which
alone fully and completely expresses the agreement between the parties hereto and that this
Agreement has been entered into after full investigation, neither party relying upon any statement
or representation which is not herein contained.
11. Amendments to be in writing. This Agreement may be modified or amended only
by a writing duly authorized and executed by both the District and Contractor. It may not be
amended or modified by oral agreements or understandings between the parties unless the same
shall be reduced to writing duly authorized and executed by both the District and Contractor.
12. Headings. The headings used herein are for convenience and shall not be resorted to
for purposes of interpretation or construction of this Agreement.
13. Waiver of Provision. The District's waiver of breach of one covenant or condition of
this Agreement is not a waiver of breach of others, or of subsequent breach of the one waived.
14. Governing Law. This Agreement shall be construed and interpreted according to the
laws of the State of New York.
15. No Assignment. The Contractor shall not assign its obligations under this
Agreement.
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IN WITNESS WHEREOF this Agreement has been executed as set forth below:
THE TOWN SUPERVISOR, ON BEHALF OF TOWN OF VIRGIL WATER DISTRICT NO. 1
________________________ ____________________
John Kaminski, Supervisor Date
W2 OPERATOR TRAINING GROUP, LLC
BY:
___________________________ ____________________
Douglas E. Withey Date