Document Cayugacounty_doc_e95ad65f43

207 MINUTES CAYUGA COUNTY LEGISLATURE August 26, 2014 at 5:30PM WELCOME: In case of an emergency, please exit to the rear of the chambers. You will have to take the stairs down to the basement, turn right and exit through the rear door. Please note; the elevators will not function. If anyone is unable to use the stairway, please go to caucus room No. 2 located behind the chambers and emergency personnel will be notified. Restrooms are located in the main hallway and handicapped restroom is located behind the chambers. CALL TO ORDER: Hon. Michael Chapman, Chairman ROLL CALL: Sheila Smith, Clerk of the Legislature, all Legislator’s present except excused Mahunik. PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: DEATHS: Our sincere condolences to the families and friends of: Bernita Paxhia, beloved mother of Cayuga County Employee Diane Paxhia of the Youth Bureau Department. Linda Yocovelli, beloved sister of Dr. De Cinque Interim President of Cayuga Commu- nity College. PUBLIC HEARING: 5:30PM To adopt Local Law for the year 2014, a Local Law establishing and creating the position of Director of Community Services: establishing and creating a position of Cayuga County Public Health Director; and repealing Local Law No. 3 for the year 1997 and to repeal Local Law 2 for the year 2008. Resolution authorizing the approval and adaption of the 2014 Cayuga County Agricul- ture & Farmland Protection Plan. PROCLAMATIONS: Heights celebrates 40 years of service (1974-2014) Histiocyosis Awareness Month EMERGENCY AUTHORIZATION TO CREATE A TEMPORARY LEAVE BANK FOR A CAYUGA COUNTY SHERIFF’S OFFICE EMPLOYEE Reason for emergency creating of temporary leave bank: An employee of the Cayuga County Sheriff’s Office had a medical condition that re- quired surgery necessitating an extended leave from work for treatment and recovery. Tuesday, August 26, 2014 ---PAGE BREAK--- 208 This employee has worked for Cayuga County since October 23, 2006 and due to this surgery has exhausted all leave time accruals that will result in loss of income beginning the pay period of July 16, 2014. Discussion has occurred over this issue with represen- tatives of the County and SEACC and both parties have agreed to allow for the creation of a temporary leave bank on a retroactive basis. The Cayuga County Chairman hereby approves this temporary leave bank (with approval of the SEACC officials) and autho- rizes and directs all the steps required to undertake this temporary leave bank in accor- dance with the following conditions: All other leave shall have been exhausted by the employee. All County employees may be permitted to donate personal, vacation or compensation time in no less than half-day increments, at any amount up to a grand total of ninety-five work days All leave donations shall be in writing on a standardized leave bank form, Leave time shall be used by the employee in accordance with the SEACC contract, using one full day from each donation before additional days are utilized from donors making multiple day donations. Signed by Farrell, Batman, Chapman, Runkle, Pecher and Sinclair, approved 8-13-14. EMPLOYEES 1stAWARDEES: Rosalyn Fagan from the Health Department. PUBLIC BE HEARD: If you wish to speak notify your Legislator, who will grant you privilege of the floor. You will be allowed to speak for 3 to 5 minutes. You must state your name and address. Public to be heard: Foley introduces Meg Vanek & Judy Wright from the Cayuga County Office of Tourism to speak on proposed resolution LEG-1 regarding the funding amount of $7,500.00 for the Bassmasters Elite Tournament in Union Springs- see attached. Batman introduces James Orman- Resident of Aurora on the Bassmasters Elite Tournament in Union Springs. Pinkney introduces James Iaconis- Resident of concerning the water quality of Owasco Lake- see attached. MINUTES: For Approval: 7/22/14, Motion by Bennett, 2nd by Didio, all in favor. CCC REPORT: Dr. DeCinque- DeCinque says classes will start on September 2nd. He says the enrollment num- bers at this point are trending down. All thirty Community Colleges in New York State are reporting a decline in enrollment. He says they have put together a contingency budget that was reviewed by the Finance Committee last week. If we do not make our goal then we do have an emergency budget in place to make adjustments sooner rather than later. DeCinque says there are members from the Administrative & Professional group, Board of Trustees, and the HR Director present tonight seeking your approval later this evening for the recently agreed Tuesday, August 26, 2014 ---PAGE BREAK--- 209 upon budget between the College and the Administrative group . He says he would encourage your support in this agreement. He feels it’s a fair settlement for all involved especially in these trying difficult times. COMMITTEE REPORTS & INDIVIDUAL LEGISLATORS’ REPORTS: Didio says recently Cayuga County sponsored the Inter-county Association meeting at Springside Inn. He says that Ray Bazzari was the guest speaker and comments what an amazing job he did. Didio thanks Sheila Smith, Amanda Morgan, Meg Vanek and others who have sponsored or supported Cayuga County in having this meeting. OASIS and the Alcohol & Substance Abuse Services Community Service Program continues to work on Heroin Addiction Education. He says they are going to elementary and high schools to educate the youth on this problem. He says the Heroin Hotline is up a running. Didio says the Owasco Lake Watershed is testing the waters of Owasco Lake. This morning he met with Andrew Snow and they are beginning to investigate the space in between the body of water on the Emerson Lake side and the channel. He believes that they are looking at possible clogged pipes. He says they will be meeting with the DEC to get information. Foley says the Tourism board met on August 5th and at that time they were really hard on the Bass Master’s event. He thanks them for all their hard work and says that did a great job with this event. Farrell says at the most recent meeting of the Cayuga County Water and Sewer Authority there was a resolution approved supporting the concept of continually looking into the authority leasing of Auburn’s water and sewer. Right now they are still fact finding and gathering information. They have held some meetings with City officials, County Legislature, Planning and CEDA. He says at this point it’s just stating that we would like to continue to looking into it. Runkle mentions that the college is undertaking a Conservation of Energy Project. He says there is an energy service company that we are hiring to look at all aspects energy use at the college. They are especially looking into in the Technological Building where they have boilers that are going on 65 years old. He says this going to cost roughly a million and a half dollars to go through these and replace. He says at this time it will be no cost to the tax payer because they are going with 3rd party financing. Batman thanks Meg Vanek, the major of Union Springs Ed Trufant, the Springport Board, the volunteers and the Chamber for all the hard work making the Bassmaster Elite Tournament such a success. COUNTY ADMINISTRATOR’S REPORT: Suzanne Sinclair Sinclair says the year to date budget to actual report has been uploaded to the Box. She says revenue collections are at about 64% for the year and expenditures are at 51%. In Shared Services we are looking at the civil service issue with the city to see what the next steps are. She has been approached by some Legislatures to give Tuesday, August 26, 2014 ---PAGE BREAK--- 210 her thoughts on a finance department. She explains having a centralized finance department would give us the opportunity to spot weakness and inconsistencies easier. An example of this would be data that goes to the Treasurer’s office for payroll processing. Most of the departments in the County Office Building have time sheets done by supervisors and others send in summary information. She says in a decentralized system inconsistencies can develop over time. She says the idea of having central accounting department for most of our functions would help us develop collection of consistent data, cross training would be easier if you have people in one spot, building backups for procedures, and it also allows for separation of duties which smaller departments have a tougher time with. Sinclair says one of the big advantages would be that it would give us a centralized place for collecting data to analyzing how we are spending money. She says power bills are a great example. Right now they have been going to various departments and each one is paying them, however no one is looking at what our power bills are like. Also, budget control would become easier with identifying cash receipts and cash expenditures that may be miscoded. Sinclair explains what obstacles we may run into converting to a centralized finance department. She says that current staff would be in one location and that we need to recognize that in most departments these staff may have other functions within the department. Also bringing staff to one location maybe ideal but may not be possible right away. She says they were asks some disadvantages and they had a hard time thinking of any. Most busi- nesses have this kind of finance department for these various reasons. Sinclair says we will continue to look into this for the future. She adds that she was asked to find out what the balance of the Contingent account is and sits at $215,000.00 as of today. CHAIRMAN’S REPORT: Michael Chapman Chapman mentions he was happy to deliver a thank you card to Gary Duckett and his staff at Emerson from one of his summer time lake neighbors and a couple from New Jersey. He says that these people participate in many events around the country including the Boston Marathon, and they were extremely impressed on how smoothly and how well the Great Race was handled. Chapman adds when the Governor’s Office was at Emerson Park recently Duckett was asked by them if there was anything that they could do for our County. He says Duckett did a great job explaining to them about a grant they put in for and asked if they could follow up on it for us. Now we have received word that we will be getting an additional $75,000.00. Chapman thanks Duckett for the great report and being there that day even though it was his day off. He also thanks Ray Bizzari for his outstanding presentation at the Inter-County meeting. He says he spoke to several people that attended that meeting that day and they spoke of what a wonderful job he did. Lattimore says the National Association of Counties and the Voice of American Counties sent a letter to Pinkney, and as president is my pleasure to confirm his nomination as a member of the Finance Pension and Inter Government Affairs Committee for the 2014-2015 term. They are excited to have him on the team and he looks forward to his representation. Tuesday, August 26, 2014 ---PAGE BREAK--- 211 Motion by Didio to waive the reading of appointments, 2nd by Whitman, all in favor. APPOINTMENTS AND RE-APPOINTMENTS: Community Services Board, Service Provider Term Laurie A. Piccolo, 33 S. Hunter Ave. Auburn 13021 1/1/14 – 12/31/17 C. C. Soil & Water conservation District Board of Directors Mr. Roger Conner, 918 Bartnick Road, Genoa, NY 13071, term 7-1-2014 to 12-31-2017 (replaces Charlie Roberts) Motion by Didio to waive the reading of communications, 2nd by Pinkney. COMMUNICATIONS AND ANNOUNCEMENTS: 1. Letter received from Don Thompson resigning from the Ethics Committee effective August 31, 2014. 2. Letter requesting County support for upcoming Bass Elite Fishing Tourna- ment from Mayor Ed Trufant, Village of Union Springs. Public Hearing closed at 6:35PM. Motion by Didio to go into executive session at 6:35 PM, 2nd by Pinkney, all in favor. EXECUTIVE SESSION: re: Collective negotiations pursuant to article fourteen of the civil service law between Cayuga Community College and Cayuga Community College Administrative and Professional Group Motion by Runkle to come out of executive session at 6:48PM, 2nd by Whitman, all in favor. CAYUGA COUNTY LEGISLATURE RESOLUTIONS 8-26-14 RESOLUTION NO. 263-14 (8/26/14) SHR EMERGENCY AUTHORIZATION TO CREATE A TEMPORARY LEAVE BANK FOR A CAYUGA COUNTY SHERIFF’S OFFICE EMPLOYEE Reason for emergency creating of temporary leave bank: An employee of the Cayuga County Sheriff’s Office had a medical condition that required surgery necessitating an extended leave from work for treatment and recovery. This employee has worked for Cayuga County since October 23, 2006 and due to this surgery has exhausted all leave time accruals that will result in loss of income beginning the pay period of July 16, 2014. Discussion has occurred over this issue with represen- tatives of the County and SEACC and both parties have agreed to allow for the creation Tuesday, August 26, 2014 ---PAGE BREAK--- 212 of a temporary leave bank on a retroactive basis. The Cayuga County Chairman hereby approves this temporary leave bank (with approval of the SEACC officials) and autho- rizes and directs all the steps required to undertake this temporary leave bank in accor- dance with the following conditions: All other leave shall have been exhausted by the employee. All County employees may be permitted to donate personal, vacation or compensa- tion time in no less than half-day increments, at any amount up to a grand total of ninety- five work days All leave donations shall be in writing on a standardized leave bank form, Leave time shall be used by the employee in accordance with the SEACC contract, using one full day from each donation before additional days are utilized from donors making multiple day donations. Signed by: Farrell, Chapman, Batman, Runkle, Pecher, and Sinclair, all in favor. RESOLUTION NO. 264-14 08/26/14 AP Audit August 2014 AUTHORIZING THE COUNTY TREASURER TO PAY JULY 8-28, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on August 26, 2014, audit claims against the County of Cayuga in the aggregate sum of $1,336,046.98, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and di- rected to pay the several claims so audited and charge the amounts to the several appro- priations made therefore in the County Budget finalized on December 12, 2013. Signed by: Runkle, Didio, Farrell, Mahunik, Pecher and Whitman, all in favor RESOLUTION NO. 265-14 08/26/14 AP Audit August 2014 AUTHORIZING THE COUNTY TREASURER TO PAY JULY 29-AUGUST 11, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on August 26, 2014, audit claims against the County of Cayuga in the aggregate sum of $1,959,738.46, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and di- rected to pay the several claims so audited and charge the amounts to the several appro- priations made therefore in the County Budget finalized on December 12, 2013. Signed by: Runkle, Didio, Farrell, Mahunik, Pecher and Whitman, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 213 RESOLUTION NO. 266-14 (8.26.14) CCC Administrative and Professional Group 12 – 16 rev APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CAYUGA COMMUNITY COLLEGE ADMINISTRATIVE AND PROFESSIONAL GROUP AND THE CAYUGA COMMUNITY COLLEGE FOR THE PERIOD SEPTEMBER 1, 2012 THROUGH AUGUST 31, 2016 BY: Hon. Joseph Runkle, Chairman, Ways and Means. WHEREAS, the Cayuga Community College and the Cayuga Community College Administrative and Professional Group are parties to a Collective Bargaining Agreement governing terms and conditions of employment for certain employees of the Community College; and WHEREAS, Cayuga Community College Administrative and Professional Group submitted terms for a successor agreement to its membership for consideration; and WHEREAS, the membership of Cayuga Community College Administrative and Professional Group approved and ratified the terms for a successor agreement on July 21, 2014; and WHEREAS, Cayuga Community College submitted terms for a successor agree- ment to its Board of Trustees for consideration; and WHEREAS, the Cayuga Community College Board of Trustees approved and rati- fied the terms for a successor agreement on August 20, 2014; and WHEREAS, both the Cayuga Community College Administrative and Professional Group and the Cayuga Community College Board of Trustees recommend that the Ca- yuga County Legislature approve the terms for a successor agreement, a copy of the Tentative Agreement between the parties is attached; NOWTHEREFORE, in consider- ation of the mutual agreements reached between Cayuga Community College Administra- tive and Professional Group and the Cayuga Community College, the Legislature of Cayuga County hereby RESOLVES, that the Cayuga County Legislature hereby approves the terms and conditions of the Tentative Agreement by and between Cayuga Community College Administrative and Professional Group and the Cayuga Community College Board of Trustees dated July 7, 2014; and be it further RESOLVES, that the Cayuga County Legislature, authorized and directed to take any and all appropriate actions to approve and implement said agreement for the period September 1, 2012 through August 31, 2016 by providing the necessary funding there- fore; be it further RESOLVED, that this resolution shall take effect immediately. Signed by: Runkle, Didio, Pinkney, and Pecher, all in favor, except Bennett abstained. RESOLUTION NO. 267-14 08/26/2014 TRE extend Heritage Contract ADOPTING RESOLUTION TO EXTEND CONTRACT WITH HERITAGE ABSTRACT TO PROVIDE IN REM TAX FORECLOSURE SEARCHES FOR AN ADDITIONAL YEAR BY: Mr. Joseph Runkle, Chairman Ways and Means Committee WHEREAS, resolution 119-11 authorized Cayuga County to enter into a contract with Heritage Abstract for In Rem Tax Foreclosure Searches; and WHEREAS, the term of the contract was set to terminate March 31, 2012, with an option to extend annually for an addition period of four years; and Tuesday, August 26, 2014 ---PAGE BREAK--- 214 WHEREAS, the Cayuga County Treasurer would like to extend the contract to March 31, 2015; now, therefore, be it RESOLVED, that the County Legislature approve the annual extension of the con- tract with Heritage Abstract to provide services through March 31, 2015 for In Rem Tax Foreclosure Searches. Signed by: Runkle, Didio, Farrell, Mahunik, Whitman and Pecher, all in favor. RESOLUTION NO. 268-14 8.26.15 HR HAB SafeTrainGrant rev AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND HUMAN RESOURCES ADMINISTRATOR TO RECEIVE GRANT FUNDS FOR THE PURPOSE OF CONDUCTING SAFETY TRAINING FOR COUNTY EMPLOYEES AND TO EXECUTE AGREEMENTS BY: Hon. Joseph Runkle, Chairman, Ways and Means. WHEREAS, AECC, the county’s contracted compliance officer, has applied for and received a Hazard Abatement Board (HAB) safety grant for 2014-2015 that would pay for required safety training for highway, building and grounds and parks and trails em- ployees as well as other county employees, and WHEREAS, this HAB grant will cover all of the instructional cost of the training; and WHEREAS, the safety training is critical to assure safe work practices in the work- place, WHEARAS, the Human Resources Department has accounted for the funds in their budget; Now therefore be it: RESOLVED, authorize the Human Resources Administrator to apply for and to receive the HAB grant money on behalf of the County to provide the training necessary to maintain a safe work environment and to meet regulatory compliance; and be it further RESOLVED, that the Chairman of the Cayuga County Legislature is hereby autho- rized and directed to execute and all documents required to implement the intent of this resolution. Signed by: Runkle, Didio, Farrell, Mahunik, Whitman and Pecher, all in favor. RESOLUTION #269-14 (August 26, 2014) HD Allyn Foundation AUTHORIZING THE INTERIM DIRECTOR OF HEALTH & HUMAN SERVICES TO ACCEPT A ONE-TIME $3,822 DONATION FROM THE ALLYN FOUNDATION AS FUNDING FOR NURSE-FAMILY PARTNERSHIP PROGRAM NURSES TO ATTEND TRAINING AND BECOME CERTIFIED LACTATION CONSULTANTS. BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, Allyn Foundation has committed $3,822 of funds to cover the Health Department’s costs of training two Nurse Family Partnership nurses to become certified lactation consultants; and WHEREAS, The Certified Lactation Consultants will serve and provide education to any woman in our County requesting assistance with breastfeeding and provide staff training that compliments the goals of our Community Health Improvement Plan (CHIP); and Tuesday, August 26, 2014 ---PAGE BREAK--- 215 WHEREAS, the funds will be made available to cover costs associated with this training; NOW, THEREFORE, BE IT RESOLVED, that the Interim Director of Health and Human Services accept the donation of the Allyn Foundation in the amount of $3,822 to cover training costs for the Nurse Family Partnership Program; and be it further RESOLVED, that the Cayuga County Treasurer be authorized and directed to amend the Health Department’s 2014 Budget in the following manner: Increase Expenditure Account #40104 54231 $3,822 Increase Revenue Account #40100 41638 $3,822 Signed by: Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 270-14 (8/26/14) HD Abolish F/T Public Health Nurse & Create /Family Nurse Partnership Supervisor AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE INTERIM DIRECTOR OF HEALTH & HUMAN SERVICES TO ABOLISH F/T PUBLIC HEALTH NURSE POSITION AND CREATE/FILL A P/T FAMILY NURSE PARTNERSHIP SUPERVISOR. BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, due to retirement of a Health Department’s Public Health Nurse, effec- tive August 31, 2014; and WHEREAS, with the Public Health Nurse position being vacated, the Department submitted a duties statement to the Civil Service Commission requesting the creation of a P/T Family Nurse Partnership Supervisor; and WHEREAS, this position was approved at the August Civil Service Commission as P/T Family Nurse Partnership Supervisor with the jurisdictional class allocation being Competitive and will add the position to the position control file for the Public Health Department when the Legislature adopts this resolution; and WHEREAS, the F/T Public Health Nurse is a grade 19, and the P/T Family Nurse Partnership Supervisor is a grade 23, Part-time and without benefits, this will represent a cost savings for the County; and WHEREAS, the Department desires to create and fill a P/T Family Nurse Partner- ship Supervisor position in the Community Health Services unit, and abolish the F/T Public Health Nurse; and WHEREAS, the Civil Service Commission recently reviewed the duties of the P/T Family Nurse Partnership Supervisor NOW, THEREFORE, BE IT RESOLVED, that the P/T Family Nurse Partnership Supervisor position be funded by transferring the funding from the vacated Public Health Nurse position (Control #02053); that the newly funded P/T Family Nurse Partnership Supervisor fill behind the vacated F/T Public Health Nurse position; and that upon the successful completion of the P/T Family Nurse Partnership Supervisor’s probationary period, the Public Health Nurse position be abolished. RESOLVED, that the Interim Director of Health & Human Services be authorized and directed to fill the P/T Family Nurse Partnership Supervisor position in accordance with Civil Service Rules and Regulations and the policies of the County of Cayuga. Tuesday, August 26, 2014 ---PAGE BREAK--- 216 Signed by: Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 271-14 (8/26/14) Request to Fill Full Time Public Health Nurse or Full Time Registered Nurse AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE INTERIM DIRECTOR OF HEALTH & HUMAN SERVICES TO FILL FULL TIME PUBLIC HEALTH NURSE OR FULL TIME REGISTERED NURSE BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, due to the unanticipated vacancy of a Health Department’s Public Health Nurse position, effective August 8, 2014; And WHEREAS, with the Public Health Nurse position being vacated, the Department is requesting to fill the position with either a Public Health Nurse, Grade 19, or a Regis- tered Professional Nurse Grade 17 ; And WHEREAS, the Department desires to fill a Public Health Nurse position OR a create and fill a Registered Professional Nurse Position in the Community Health Ser- vices unit, NOW, THEREFORE, BE IT RESOLVED, that the Public Health Nurse position OR Registered Professional Nurse position be funded by transferring the funding from the vacated Public Health Nurse position (Control #02039); for the effective operation of Public Health services, And RESOLVED, that the Interim Director of Health & Human Services be authorized and directed to fill the Public Health Nurse OR Registered Professional Nurse position in accordance with Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by: Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 272-14 (August 26, 2014) HS Family Focus Adoption Services AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE INTERIM DIRECTOR OF HEALTH & HUMAN SERVICES TO ENTER INTO A CONTRACT WITH FAMILY FOCUS ADOPTION SERVICES TO PROVIDE SERVICES THROUGH THE RAD! PROGRAM BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, Family Focus Adoption Services is an agency which provides services through the “Relationships Are Decisions (RAD!)” program regarding the adoption of children and assistance with this process from the time the child first meets a potential adoptive family through the transition of the actual adoption; and WHEREAS, Cayuga County Human Services Department now has custody of a child in the adoption process; and WHEREAS, Cayuga County Human Services Department is desirous of entering into a contract with Family Focus Adoption Services to provide services through the RAD! Program to assist with the adoption process of said child; and Tuesday, August 26, 2014 ---PAGE BREAK--- 217 WHEREAS, funding for this contract is budgeted in the 2014 budget under account #A60704 54183, Adoption Services; and WHEREAS, it is our goal to move said child to adoption as quickly as possible; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Interim Director of Health & Human Services be authorized to enter into a contract with Family Focus Adoption Services for assistance with adoption for this and other subsequent children at a rate of $2,500.00 per month, billable by calendar month, and pro-rated the first and last month. Signed by: Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 273-14 (August 26, 2014) HS Fill Supervising Investigator AUTHORIZING THE INTERIM DIRECTOR OF HEALTH & HUMAN SERVICES TO FILL A SUPERVISING INVESTIGATOR VACANCY IN THE CASE INTEGRITY UNIT IN HUMAN SERVICES BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, there is a Supervising Social Services Investigator vacancy Grade 20, Position Control # 002260, in the Case Integrity Unit of Human Services due to a resignation effective July 13, 2014; and WHEREAS, funding for this position has been budgeted in the 2014 budget; and WHEREAS, this position supervises the Case Integrity Unit, which is responsible for fraud prevention and investigation for the Department of Human services, which results in County savings related to reduced local costs; NOW, THEREFORE, BE IT RESOLVED, that the Interim Director of Health & Human Services be authorized and directed to fill the Supervising Social Services Investigator position in the Case Integrity Unit of Human Services in a manner consistent with the rules and regulations of the Cayuga County Civil Service Commission and the policies of the County of Cayuga. Signed by: Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 274-14 Action: August 26, 201 MH MHANYS.2014 Rev1 AMENDING THE 2014 MENTAL HEALTH BUDGET FOR ADDITIONAL DESIGNATED FUNDING RECEIVED By: Mr. Patrick Mahunik,Chair, Health and Human Services Committee, and Mr. Joseph Runkle,Chair, Ways and Means Committee. WHEREAS, through the New York State Office of Mental Health, the County Mental Health Department was awarded three thousand dollars ($3,000) from the Men- tal Health Association of New York State (MHANYS) for suicide prevention activities; and WHEREAS, these funds were not anticipated nor reflected in the 2014 Mental Health Budget now, therefore, be it Tuesday, August 26, 2014 ---PAGE BREAK--- 218 RESOLVED, that the Cayuga County Treasurer be directed and authorized to make the necessary accounting entries to the 2013 Cayuga County Budget as follows: Increase State Grants, A43100-43508 by $3,000 Increase Grant Expenditures, A43104-52015 by $3,000 Signed by: Mahunik, Bennett, Lattimore, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 275-14 Action: 8/26/2014 MH Agreement Systems of Care AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO ENTER INTO AN AGREEMENT WITH DR. MANSOOR A.F. KAZI, OF THE NYS UNIVERSITY AT ALBANY AND BUFFALO BY: Patrick Mahunik, Chair, Health and Human Services Committee, and Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, Cayuga County is a designated Phase II community participating in the expansion of the Comprehensive Community Mental Health Services for Children and Their Families grant, also known as the Systems of Care Project, funded by the Substance Abuse and Mental Health Services Administration(SAMHSA); and WHEREAS, the project focuses on children and youth who meet the federal criteria for Serious Emotional Disturbance and are enrolled in the most intensive and costly mental health services; and WHEREAS, the project involves analysis of data already recorded; and WHEREAS, the Systems of Care consortium has selected Dr. Mansoor A.F. Kazi from the NYS University of Albany and Buffalo to lead the evaluation of data provided by the participants, making the best use of this data, to inform decisions regarding system performance and improvements; and WHEREAS, the Cayuga County Community Mental Health Center will make ser- vice data available to Dr. Kazi for his use to perform desired analyses for our department with the understanding that we receive such analyses at quarterly intervals. These analyses may include but are not limited to: engagement trends, identification of cultural groups, diagnostic groupings, and WHEREAS, the Cayuga County CMHC data will be de-identified when used in the databases for evaluation and/or when merged with other county data, assuring compli- ance with HIPAA and NYS MHL 33.13 confidentially laws; now, therefore, be it RESOLVED, that the Director of Community Services be authorized to enter into an agreement with Dr. Mansoor F.F. Kazi whereby Dr. Kazi will receive pertinent demo- graphic information, as well as the type of services provided, discharge status and any assessments used. Signed by: Mahunik, Baxter, Bennett, Lattimore, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 276-14 (8/26/14) NH Auburn Nursing Home Records Management rev AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO ENTER INTO A CONTRACT WITH AUBURN NURSING HOME FOR MANAGEMENT OF CAYUGA COUNTY NURSING HOME RECORDS. BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee Tuesday, August 26, 2014 ---PAGE BREAK--- 219 WHEREAS, the Cayuga County Nursing Home terminated its operations on 12/31/ 2013; and WHEREAS, the Cayuga County Nursing Home has a substantial amount of records related to operations and residents of the nursing home stored in the facility; and WHEREAS, the County is responsible for complying with records retention re- quirements as stated in New York State law; and WHEREAS, some records can be destroyed after several years and other records must be retained permanently, according to regulations; and WHEREAS, Cayuga County no longer employs staff familiar with these regulations and the staff at Auburn Nursing Home is familiar with the records retentions regulations; and WHEREAS, there are sufficient funds available in Account No. E45004 54059 Professional Services to pay for the contract; NOW, THEREFORE, BE IT RESOLVED, that Cayuga County enters into an agreement with Auburn Nursing Home to provide records management for the Cayuga County Nursing Home records stored at the facility, which will include reviewing the records to determine what records can be destroyed and what records must be retained, at the rate of $40 per hour, with a cap of $3,000. Signed by: Mahunik, Baxter, Bennett, Lattimore, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 277-14 DATE: 8/26/14 OFA Prin Acct Clerk Typist Aug14 AUTHORIZING THE DIRECTOR OF THE CAYUGA COUNTY OFFICE FOR THE AGING TO FILL THE PRINCIPAL ACCOUNT CLERK TYPIST POSITION. BY: Mr. Patrick Mahunik, Chair, Health & Human Services Committee, and Mr. Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, the current employee in the Principal Account Clerk Typist position in the Office for the Aging is retiring effective 9/27/14 and the position is critical for the continuity of services and programs for the senior citizens of Cayuga County; and WHEREAS, a candidate must be chosen from the open competitive eligible list established for the position; and WHEREAS, there is funding from the New York State Office for the Aging and the Older Americans Act in the Office for Aging 2014 Budget Line A67721 51001 (Salaries) for this position; now, therefore, be it RESOLVED, that the salary be paid at the appropriate CSEA salary rate within the Cayuga County Compensation Plan, Part I; and be it further RESOLVED, that the Director, Office for the Aging be hereby authorized to inter- view and appoint a new Principal Account Clerk Typist from the Civil Service Eligible List effective 9/22/14 to allow for a cross-training period for the current employee to train the new employee; and be it further RESOLVED, that the foregoing be accomplished in accordance with Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by: Mahunik, Baxter, Bennett, Lattimore, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 220 RESOLUTION NO. 278-14 DATE: 08/26/14 OFA amendbudgetAugust14 AMEND THE YEAR 2014 CAYUGA COUNTY OFFICE FOR THE AGING BUDGET AND AUTHORIZING THE ACCEPTANCE OF GRANTS. BY: Mr. Patrick Mahunik, Chair, Health & Human Services Committee, and Mr. Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, the Office for the Aging has received an additional allocation of $20,425 from the New York State Office for the Aging to provide Community Services for the Elderly in Cayuga County; and WHEREAS, the Office for the Aging has a subcontract with the Transportation Project for Cayuga County, Inc. to provide transportation services for seniors in Cayuga County; and WHEREAS, these changes in revenue and expenditures were not available to this Office when the year 2014 budget was prepared and Cayuga County Treasurer’s Office will need to amend the year 2014 Office for the Aging budget to reflect the increased revenue and expenditures; now, therefore, be it RESOLVED, that the Chairman of the Legislature and the Director of the Office for the Aging be authorized to amend the current contract with the Transportation Project for Cayuga County, Inc. to reflect an increase of $10,000 in funding; and RESOLVED, that the County Treasurer be and he is authorized and directed to amend the Year 2014 Cayuga County Office for the Aging budget in the following manner: Increase Revenue A67720 42772 OFA Programs $20,425 Increase Contractual A67724 54118 Contractual Agreements $10,000 And be it further RESOLVED, that the Cayuga County Treasurer be authorized and directed to make all necessary journal and accounting entries necessary to accomplish the same. Signed by: Mahunik, Baxter, Bennett, Lattimore, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 279-14 (8/26/14) Appoint Deputy Director for Social Services set salary rev SETTING THE SALARY FOR THE POSITION OF DEPUTY DIRECTOR FOR SOCIAL SERVICES BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Interim Deputy Director for Social Services has been serving in the interim position for over four years ; and WHEREAS, it has been decided that the Departments of Mental Health and the Department of Human Services will be directed by one Director; and WHEREAS, this new structure will result in additional supervisory duties for the Deputy Director for Social Services; and WHEREAS, it is appropriate to appoint a permanent Deputy Director for Social Services at this time and set the salary for the position at $72,237; NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services is authorized to fill the position of Deputy Director for Social Services in compliance with Civil Service regula- tions ;and be it further Tuesday, August 26, 2014 ---PAGE BREAK--- 221 RESOLVED, that the salary will be set at $72,237 and Part IV of the Compensation Plan will be adjusted to reflect this change. Signed by: Mahunik, Bennett, Lattimore, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 280-14 (8/26/14) Reset Salary for Deputy Director of Community Mental Health SETTING THE SALARY FOR THE POSITON OF DEPUTY DIRECTOR OF COMMUNITY MENTAL HEALTH BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Deputy Director of Community Mental Health Services has served in that position for four years; and WHEREAS, it has been decided that the Departments of Mental Health and the Department of Human Services will be directed by one Director; and WHEREAS, this new structure will result in additional supervisory duties for the Deputy Director of Community Mental Health Services; and WHEREAS, it is appropriate to adjust the salary of the Deputy Director of Com- munity Mental Health Services at this time to $68,574; NOW, THEREFORE, BE IT RESOLVED, that the salary for the Deputy Director of Community Mental Health Services will be set at $68,574 and Part IV of the Compensation Plan will be adjusted to reflect this change. Signed by: Mahunik, Bennett, Baxter, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 281-14 (8/26/14) Reset Salary for Budget Director SETTING THE SALARY FOR THE POSITION OF BUDGET DIRECTOR BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, it has been decided that the Departments of Mental Health and the Department of Human Services will be directed by one Director; and WHEREAS, the Budget Director will now supervise the finance functions for the Health Department, Mental Health Departments, Human Services Departments and any other departments as assigned; and WHEREAS, this new structure will result in additional supervisory duties for the Budget Director; and WHEREAS, it is appropriate to adjust the salary of the Budget Director at this time to $91,027 and continue the Budget Director’s stipend for additional hours; NOW, THERE- FORE, BE IT RESOLVED, that the salary for the Budget Director will be set at $91,027 and the Budget Director’s stipend for additional hours will continue as is and Part IV of the Compensation Plan will be adjusted to reflect this change. Signed by: Mahunik, Bennett, Baxter, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 222 RESOLUTION NO. 282-14 8.26.14 HHS appointing public health director set salary rev1 APPOINTING KATHLEEN CUDDY AS THE CAYUGA COUNTY PUBLIC HEALTH DIRECTOR AND SETTING SALARY. BY: Hon. Patrick Mahunik, Chair Public Works Committee Hon. Joseph Runkle, Chair Ways & Means Committee WHEREAS, Local Law No. for the Year 2014, A LOCAL LAW ESTABLISH- ING AND CREATING THE POSITION OF DIRECTOR OF COMMUNITY SER- VICES; ESTABLISHING AND CREATING THE POSITION OF CAYUGA COUNTY PUBLIC HEALTH DIRECTOR; AND REPEALING LOCAL LAW NO. 3 FOR THE YEAR 1997 AND TO REPEAL LOCAL LAW 2 FOR THE YEAR 2008, in part, repealed Local Law 3 for the year 1997 ; and WHEREAS, both the Health and Human Services Committee recommend that Kathleen Cuddy be appointed as the Cayuga County Public Health Director; now there- fore be it RESOLVED, that effective August 27, 2014, 12:00 a.m., Kathleen Cuddy be ap- pointed as the Cayuga County Public Health Director at an annual salary of $85,000.00, annualized from the date of the appointment; and be it further RESOLVED, that the Compensation Plan be amended accordingly; and be it further, Resolved, that the foregoing shall be accomplished in accordance with the Civil Service rules and procedures. Signed by: Mahunik, Bennett, Baxter, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 283-14 6.24.14 appointing director community services set salary APPOINTING RAYMOND BIZZARI AS THE DIRECTOR OF THE COMMUNITY SERVICES AND SETTING SALARY. BY: Hon. Patrick Mahunik, Chair Public Works Committee Hon. Joseph Runkle, Chair Ways & Means Committee WHEREAS, Local Law No. for the Year 2014, A LOCAL LAW ESTABLISH- ING AND CREATING THE POSITION OF DIRECTOR OF COMMUNITY SER- VICES; ESTABLISHING AND CREATING THE POSITION OF CAYUGA COUNTY PUBLIC HEALTH DIRECTOR; AND REPEALING LOCAL LAW NO. 3 FOR THE YEAR 1997 AND TO REPEAL LOCAL LAW 2 FOR THE YEAR 2008, in part, repealed Local Law 2 for the year 2008 ; and WHEREAS, the Health and Human Services Committee recommend that Raymond Bizzari be appointed as the Director of Community Services; now therefore be it Resolved, that effective August 27, 2014, Raymond Bizzari be appointed as the Director of Community Services at an annual salary of $127,211.00, annualized from the date of the appointment; and be it further RESOLVED, that Raymond Bizzari RESOLVED, that the Compensation Plan be amended accordingly; and be it further, RESOLVED, that the foregoing shall be accomplished in accordance with the Civil Service rules and procedures. Signed by: Mahunik, Bennett, Baxter, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 223 RESOLUTION NO. 284-13 8-26-14 COL standardworkdays STANDARD WORK DAY AND REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICIALS BY: Michael Didio, Chairman, Government Operations Committee WHEREAS, New York State adopted a new regulation 315.4 for additional report- ing requirements for elected or appointed officials that more clearly defines the process for reporting time worked for those officials who are members of the New York State Retirement System elected or appointed on or after August 12, 2009; and WHEREAS, a three month record of work activities was submitted to the Clerk of the Legislature by those officials that do not maintain a daily record of actual time worked; now therefore be it RESOLVED, on recommendation of the Government Operations Committee, that the Cayuga County Legislature hereby establishes the following as standard work days for elected officials and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of this body: see attached; and it is further RESOLVED, that the redacted copy of the resolution which does not show the employees last four digits of their social security number or registration number shall be posted on the Cayuga County website for a minimum of 30 days and that a certified copy of the resolution and affidavit of posting be filed with the Office of the State Comptroller within 45 days of adoption. Signed by: Didio, Batman, Baxter, Foley, Runkle and Vitale, all in favor. RESOLUTION NO. 285-14 8/26/14 ADM EmployeeIdeaProgram rev AUTHORIZING THE ESTABLISHMENT OF AN “EMPLOYEE BENEFICIAL SUGGESTIONS AND IDEAS PROGRAM.” BY: Michael Didio, Chairman, Government Operations Committee Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the Legislature wishes to reduce the cost of providing county services; and WHEREAS, the Legislature recognizes that county employees, through their direct observation of county business practices, have good opportunities to identify ways to reduce costs; and WHEREAS, the Legislature wishes to encourage county employees to bring for- ward useful suggestions for reducing county costs and acknowledge suggestions that produce verifiable savings; now therefore be it, RESOLVED, that the Legislature adopts the attached “Employee Beneficial Sugges- tions and Ideas Program.” Signed by: Runkle, Didio, Farrell, Mahunik, Pecher and Whitman, all in favor, except Bennett, Whitman and Pecher vote no. Tuesday, August 26, 2014 ---PAGE BREAK--- 224 RESOLUTION NO. 286-14 August 26, 2014 PB County Ag Plan Adoption v1 RESOLUTION AUTHORIZING THE APPROVAL AND ADOPTION OF THE 2014 CAYUGA COUNTY AGRICULTURE & FARMLAND PROTECTION PLAN BY: Mr. Paul Pinckney, Chair, Planning and Economic Development Committee Mr. Joseph Runkle, Chair, Ways and Means Committee WHEREAS, On September 21, 2012 Cayuga County received an Agricultural and Farmland Protection Planning Grant from the New York State Department of Agriculture & Markets in the sum of $50,000 to amend and replace the 1996 County Agriculture & Farmland Protection Plan with a new County Agriculture & Farmland Protection Plan; and WHEREAS, The Cayuga County Planning Department has worked with the Ca- yuga County Agriculture & Farmland Protection Board (“Board”) to research, develop and prepare the 2014 County Agriculture & Farmland Protection Plan (“Plan”) which provides a framework under which the Board will work with various agencies and insti- tutions to maintain viable and sustainable farms and agriculture-related businesses through- out the county; and WHEREAS, The Plan seeks to strengthen agriculture’s economic viability in the county through improved farm management and technology; increased access to quality agricultural education and training for farmers, farmworkers and the general public; en- hanced support of new and young farmers; increased awareness of agriculture as vital to our communities; implementation of sound environmental stewardship practices and encouragement of agriculture-friendly land use policies; and WHEREAS, The County Legislature received a resolution from the County Agricul- ture & Farmland Protection Board dated July 24, 2014 recommending that the County Legislature approve and adopt the Plan; and WHEREAS, The County Legislature held a Public Hearing on August 26, 2014 to receive comments from the public on the draft Plan; and WHEREAS, The County Legislature has concluded that the draft Plan is complete, supportive of agriculture and farming, and an encouraging plan for the future of agricul- ture in Cayuga County; Now, Therefore Be It RESOLVED, That the Cayuga County Legislature approves and adopts the 2014 Cayuga County Agriculture & Farmland Protection Plan; and be it further RESOLVED, That the 2014 Cayuga County Agriculture & Farmland Protection Plan shall replace in its entirety the 1996 County Agriculture & Farmland Protection Plan; and be it further RESOLVED, That the Plan shall be the responsibility of the Cayuga County Agri- culture & Farmland Protection Board to implement the actions in the Plan and update the Plan as necessary to keep the Plan current with acceptable agricultural trends and prac- tices; and be it further RESOLVED, That the Cayuga County Legislature directs the County Planning Department to submit the final and now approved and adopted copy of the Plan to the New York State Department of Agriculture and Markets for their review and approval, and take all other necessary steps to complete and close out the Grant Contract; and be it further RESOLVED, that this resolution take effect immediately. Tuesday, August 26, 2014 ---PAGE BREAK--- 225 Signed by: Pinkney, Batman, Baxter, Farrell, Foley, Lattimore, Runkle, Didio, Mahunik, Pecher and Whitman, all in favor. RESOLUTION NO. 287-14 (August 26, 2014) WM Petroleum Product Quality Program AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF WEIGHTS & MEASURES TO ACCEPT STATE FUNDING TO CONDUCT INSPECTIONS, SCREENING TESTS & SAMPLE FUEL STORED AT RETAIL FUEL OUTLETS BY: Tucker Whitman, Chairman of the Public Works Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, pursuant to 1 § 224.16, the New York State Department of Agriculture and Markets shall reimburse municipalities for certain costs associated with the implementation of the Petroleum Product Quality Program; and WHEREAS, the Weights & Measures Department has received a contract from the State for the period 4/1/14 – 3/31/19 in the amount of $25,970 to reimburse the Depart- ment for costs associated with the implementation of the Petroleum Product Quality Program; WHEREAS, the monies from this agreement are budgeted in the 2014 Weights & Measures Department budget; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature and the Director of Weights & Mea- sures be authorized to enter into a contract with the New York State Department of Agriculture & Markets and to accept funding in the amount of $25,970 for the period 4/ 1/14 through 3/31/19. Signed by: Whitman, Batman, Mahunik, Pecher, Runkle, Vitale, Didio and Farrell, all in favor. RESOLUTION NO. 288-14 Date: 8/26/14 PT Retain Fair Haven Parcel 8 14 AUTHORIZING THE RETENTION OF A PORTION OF PARCEL 12.05-1-9.121 THAT IS LOCATED ON THE NORTHEAST SIDE OF FAIR HAVEN ROAD UNTIL CAYUGA COUNTY PARKS AND TRAILS CAN DETERMINE IF IT WOULD BE USEFUL AS A TRAIL HEAD IN FAIR HAVEN. BY: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, the Cayuga County Trails system includes a trail know as the Cato/ Fair Haven Trail that is approximately 13 miles long; and WHEREAS, trail users must cross private property at the northern end of the trail in the Village of Fair Haven in order to access the streets in the village; and WHEREAS, the Cayuga County Tax foreclosure included a parcel of land identified as Tax map Parcel # 12.05-1-9.121; and WHEREAS, the portion of that parcel that is located on the Northeast side of Fair Haven Road brings us much closer to having the public access we need now, therefore be it RESOLVED, County Legislature hereby authorizes the retention of that parcel until Cayuga County Parks and Trails can determine if it would be useful as a trailhead in Fair Haven; and be it further Tuesday, August 26, 2014 ---PAGE BREAK--- 226 RESOLVED, that if it is determined that the parcel is not suitable as a trail head it will be made available at a future county tax foreclosure auction. Signed by: Whitman, Batman, Mahunik, Pecher, Runkle, Vitale, Didio and Farrell, all in favor. RESOLUTION NO. 289-14 August 26, 2014 HWY amend bdgt diesel AUTHORIZATION TO AMEND THE 2014 HIGHWAY BUDGET FOR DIESEL SALES AND DIESEL FUEL BY: Tucker Whitman, Chairman, Public Works Committee Joseph Runkle, Chairman, Ways and Means Committee WHEREAS, the Highway Department sells diesel fuel to various departments and other agencies within the County and added the City of Auburn as a customer in 2014; and WHEREAS, $599,500 was budgeted in expense Account DM51304 54031 – Fuel Oil for the purchase of diesel fuel for 2014; and WHEREAS, $224,000 was budgeted in revenue Account DM51300 42302 – Diesel Sales to receive revenue from the sale of diesel fuel; and WHEREAS, diesel fuel purchases and sales revenue are expected to exceed the budgeted amounts due to the increase in fuel sales; now therefore be it RESOLVED, that Revenue Account DM51300 42302– Diesel Sales be amended and increased by $100,000; and be it further RESOLVED, that Appropriations account DM51304 54031 – Fuel Oil be amended and increased by $100,000; and be it further RESOLVED, that the Cayuga County Treasurer is authorized and directed to make the necessary journal and accounting entries required to implement the intent of this resolution. Signed by: Whitman, Batman, Mahunik, Pecher, Runkle, Vitale, Didio and Farrell, all in favor. RESOLUTION NO. 290-14 August 26, 2014 HWY signagreempserv AUTHORIZE CHAIRMAN AND HIGHWAY SUPERINTENDENT TO SIGN FUEL PURCHASE/VEHICLE REPAIR AGREEMENT WITH VARIOUS AGEN- CIES FOR MOTOR POOL REPAIRS, GASOLINE AND DIESEL FUELS BY: Tucker Whitman, Chairman Public Works Committee Joseph Runkle, Chairman Ways and Means Committee WHEREAS, the Cayuga County Highway Department oversees the Cayuga County Motor Pool, which services vehicles and dispenses fuel for other agencies within Cayuga County; and WHEREAS, various Cayuga County departments, municipalities and not-for-profit agencies have contacted Cayuga County to perform preventive maintenance and vehicle repairs for its fleet of administrative and maintenance vehicles and provide gasoline and diesel fuel; and WHEREAS, an Agreement will be reviewed by the County Attorney before the Chairman of the Legislature and/or the Highway Superintendent signs; now therefore be it Tuesday, August 26, 2014 ---PAGE BREAK--- 227 RESOLVED, that the Chairman of the Cayuga County Legislature and the Cayuga County Highway Superintendent are hereby authorized to sign an Inter-municipal Agree- ment with various agencies to purchase gasoline, diesel fuel, and/or have their vehicles repaired by the Cayuga County Motor Pool. Signed by: Whitman, Batman, Mahunik, Pecher, Runkle, Vitale, Didio and Farrell, all in favor. RESOLUTION NO. 291-14 Date: August 26, 2014 HWY TVsnowcontract14-15 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND HIGHWAY SUPERINTENDENT TO ENTER INTO A ONE YEAR AGREEMENT FOR SNOW AND ICE REMOVAL WITH TOWNS AND VILLAGES OF CAYUGA COUNTY BY: Tucker Whitman Chairman, Public Works Committee Joseph Runkle, Chairman Ways and Means Committee WHEREAS, the towns and villages within Cayuga County provide snow and ice removal for the county; and WHEREAS, the current agreement was for one year and expires on June 30, 2014; and WHEREAS, the county and towns desire to continue this operating procedure; and WHEREAS, town and county officials met and discussed the contract, and agreed upon a flat 2% increase on all contract parts with no fuel and salt adjustment for the 2014-2015 season, and to negotiate annually the remaining seasons; now therefore be it RESOLVED, to authorize the Chairman of the Legislature and the Highway Super- intendent to enter into agreement with municipalities within the county to provide snow and ice removal for Cayuga County; be it further RESOLVED, a 2% raise over the 2013-2014 contract totaling $1,315,509 to be paid to the towns and villages for the 2014-2015 snow removal season; and be it further RESOLVED, the County Attorney is to review agreements before signing. Signed by: Whitman, Batman, Mahunik, Pecher, Runkle, Vitale, Didio and Farrell, all in favor. RESOLUTION NO. 292-14 Date: 8/26/14 BLD Budget Courthouse Carpet 8 14 Rev 1 AMENDING THE 2014 COUNTY BUDGET TO ALLOW THE CARPETS TO BE REPLACED IN THREE AREAS OF COUNTY COURTHOUSE AND ONE AREA OF THE HISTORIC POST OFFICE WITH THE COST TO BE REIMBURSED BY THE STATE OF NEW YORK BY: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, each year the court system requests certain improvements to the court facilities owned by Cayuga County; and WHEREAS, New York State reimburses Cayuga County for these “Tenant Work” improvements; and WHEREAS, for Cayuga County’s 2014 Budget the Court System has requested new carpeting in four areas including the Surrogate Office area on the third floor of the Courthouse ($10,150), the 3rd Floor Courtroom and Platforms in the Courthouse ($8,360), Tuesday, August 26, 2014 ---PAGE BREAK--- 228 the 1st Floor Hearing Room and Platforms in the Courthouse ($4,790) and the 2nd Floor Family Court Waiting Room in the Historic Post Office ($4,130), for a total cost of $27,430; and WHEREAS, in order to purchase the carpet the Building Maintenance Account #A16214-54012 for the Courthouse would need to be increased by $23,300 and the Building Maintenance Account #A16234-54012 for the Historic Post Office would need to be increased by $4,130 for a total of $27,430; and WHEREAS, to offset this increased cost the Court Reimbursement Revenue Line Account #A16230-43021 will also need to be increased by $27,430; now therefore be it RESOLVED, that the Cayuga County Budget Director and Cayuga County Trea- surer are hereby authorized and directed to increase the Building Maintenance Account #A16214-54012 for the Courthouse by $23,300, to increase the Building Maintenance Account A16234-54012 for the Historic Post Office by $4,130 for a total of $27,430 and to increase the Court Reimbursement Revenue Line Account #A16230-43021 by $27,430. Signed by: Whitman, Batman, Mahunik, Pecher, Runkle, Vitale, Didio and Farrell, all in favor. RESOLUTION NO. 293-14 8/26/2014 BLD Awarding Electrical Energy Bid 2014 AWARDING THE BID FOR ELECTRICAL ENERGY FOR VARIOUS COUNTY ACCOUNTS BY: Hon., Tucker M, Whitman, Chairman, Public Works Committee, and Hon. Joseph Runkle, Chairman, Ways & Means Committee. WHEREAS, The Cayuga County Purchasing Policy requires any purchase in excess of $9,999.99 to use New York State contract, County contract or Group Purchasing contract or to go out for Sealed Bid; and WHEREAS, there are 83 ESCO approve by the New York State Public Service Commission that could possibly bid, a bid list will be attached to this resolution; and WHREAS, since there is only a short window to accept the bid and that a special Legislature meeting does not have to convene to approve the Electrical Energy bid this Resolution proposes to give the authority to the Chairman of the Cayuga County Legis- lature to award the Electrical Energy Bid to the lowest responsible bidder or to reject the bids and go out for rebids until the natural gas bid is awarded; now therefore be it RESOLVED, that the Cayuga County Legislature hereby authorizes the Chairman of the Cayuga County Legislature to award the Electrical Energy Bid to the lowest responsible bidder or to reject the bids and go out for rebids until the natural gas bid is awarded; and be it further RESOLVED, that a list of all bidders and their bids will be attached to this resolu- tion; and be it further RESOLVED, that the Chairman of the Cayuga County Legislature may sign any and all Electrical Energy contracts, to implement the intent of this resolution; be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolution. Signed by: Whitman, Batman, Mahunik, Pecher, Runkle, Vitale, Didio and Farrell, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 229 RESOLUTION NO. 294-14 August 26, 2014 HWY establish Capital H 14-05 roof repair rev ESTABLISHING CAP H NO. 14-05 (HIGHWAY BUILDING ROOF) FOR THE HIGHWAY ROOF REPLACEMENT AND TRANSFERRING FUNDS FROM THE HIGHWAY BUDGET AWARDING DESIGN OF THE ROOF, AND REPEALLING RESOLUTION NO. 250-14 BY: Tucker Whitman, Chairman Public Works Committee Joseph Runkle, Chairman Ways and Means Committee WHEREAS, Resolution No. 250-14 awarded the design and construction manage- ment of the highway building roof at 91 York Street, Auburn, New York, to Tetra Tech of Ithaca and contained descriptive errors in the scope of the contract and the funding source of the project and requires correction; and WHEREAS, the County Administrator requested RFP’s for the design of the re- placement of the highway building roof at 91 York Street, Auburn, New York; and WHEREAS, the County received 13 responses for design and construction manage- ment, after reviewing the proposals using a selection process it has been determined that the design project should be awarded to Tetra Tech of Ithaca; and WHEREAS, Tetra Tech of Ithaca had the lowest responsible proposal with a the quote was for $6,237.00 for the design phase of the roof, and $6,023.00 for construction inspection; and WHEREAS, the Cayuga County Legislature determines that this action, the design and construction of a roof for the highway building located on 91 York Street, Auburn, New York is classified as a “Type II” action pursuant to 6 617.5( c) and the SEQR regulations and does not require any further SEQRA review; and WHEREAS, there are funds available in Appropriations Account D51424 54103 – Salt; now therefore be it RESOLVED, the Cayuga County Legislature determines that this action, the design and construction of a roof for the highway building located at 91 York Street, auburn, New York is classified as a “Type II” action pursuant to 6 617.5( c) and the SEQR regulations and does not require any further SEQRA review; and be it further RESOLVED, that Tetra Tech, Ithaca, NY be contracted for the design and construc- tion management of the replacement of the Highway roof at 91 York Street, Auburn, NY for a sum not to exceed $6,237.00; and be it further RESOLVED, Resolution No. 250-14 is repealed; and be it further RESOLVED, that the Cayuga County Legislature hereby establishes Capital H No. 14-05 (HIGHWAY BUILDING ROOF) in the amount of $6,237.00 for the design phase of the highway roof replacement at 91 York Street Auburn NY, the source of said funds for the design phase will be a transfer of $6,237.00 from Account D51424 54103; and be it further RESOLVED, that the Chairman of the Cayuga County Legislature sign all contracts, to implement the intent of this resolution; and be it further RESOLVED, that the Cayuga County Treasurer is authorized and directed to make the necessary journal and accounting entries required to implement the intent of this resolution. Signed by: Whitman, Mahunik, Runkle, Farrell and Pecher, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 230 RESOLUTION NO. 295-14 Date: 8/26/14 PT Water Leak Emerson Park 8 14 rev AUTHORIZING THE TRANSFER OF FUNDS OUT OF THE CONTINGENCY ACCOUNT # A10164-54000 INTO THE EMERSON PARK WATER SERVICE ACCOUNT A71104-54068 TO ALLOW THE BILLS FOR A MAJOR WATER LEAK TO BE PAID By: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, the Town of Fleming read the island water meter on the island on July 7, 2014; and WHEREAS, on July 9 they informed the park that we had used a tremendous amount of water; and WHEREAS, the Parks Department asked them to read the meter again and it was discovered that we had used 167,000 gallons in just two days; and WHEREAS, we quickly discovered there was a leak out on the seawall that was dumping water directly into the lake; and WHEREAS, we isolated the leak by installing a valve on the line serving the seawall to insure that this problem would never happen again; and WHEREAS, the total amount of water lost from the last week in April 2014 till July 9, 2014 was 6,299,500 gallons; and WHEREAS, The Town of Fleming agreed to charge the Park the same rate that they pay the Town of Owasco for the water resulting in a $12,990.88 water bill; and WHEREAS, the entire budget for water at Emerson Park Account Number A71104- 54068 is $5,000 which will be needed for service for the rest of the year; and WHEREAS, the Department was only able to find an additional $2,350; that could be used toward this bill; now, therefore be it RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to transfer $10,640.88 from the Contingency Fund Account # A10164-54000 into the Water Service Account for Emerson Park A71104-54068. Signed by: Whitman, Mahunik, Pecher, Runkle, Vitale, Didio and Farrell, all in favor. RESOLUTION NO. 296-14 Action Date 8.26.14 911 ft ESD filll rev AUTHORIZATION TO FILL A VACANT EMERGENCY SERVICES DISPATCHER POSITION DUE TO A VOLUNTARY RESIGNATION. BY: Mr. Mark Farrell, Chairperson, Judicial and Public Safety Committee Mr. Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, the Cayuga County 911 Center currently has one vacant Full-Time Emergency Services Dispatcher position due to a resignation; and WHEREAS, it is necessary to fill the Emergency Services Dispatcher positions for continuity of services; and WHEREAS, there is money in the 911 budget account A30201 51001 to fund positions; now therefore be it RESOLVED, that position (#004400) be filled, and that the 911 Administrator be hereby authorized to fill the vacant Emergency Services Dispatcher position from the existing Civil Service list; and be it further Tuesday, August 26, 2014 ---PAGE BREAK--- 231 RESOLVED, that the position be filled in accordance to the Cayuga County Civil Service Rules and Regulations and the Policies of the County of Cayuga. Signed by: Farrell, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik and Pecher, all in favor, except Bennett votes no. RESOLUTION NO. 297-14 (06/24/14) AC indigent lgal AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN CONTRACT WITH THE NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES AND AMEND BUDGET BY: MR. MARK FARRELL, Chairman, Judicial & Public Safety Committee MR. JOSEPH RUNKLE, Chairman, Ways & Means Committee WHEREAS, the New York State Office of Indigent Services has been authorized to distribute $179,720 in funding to Cayuga County; and WHEREAS, these monies will be utilized for the purpose of caseload reduction and improvements in the delivery of indigent defense services to eligible persons; now, there- fore, be it RESOLVED, that the Chairman of the Cayuga County Legislature is authorized to sign a contract with the New York State Office of Indigent Services, and be it further RESOLVED, that the 2014 budget be amended as follows: Account Increase A11704-54290 Grant Expenditures $59,907 A11700-43073 Upstate Quality Grant $59,907 And be it further RESOLVED, that the Treasurer is authorized to accept these grant funds annually for the duration of the grant period, and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries necessary to implement the intent of this resolution. Signed by: Farrell, Didio, Reginelli, Vitale, Whitman, Runkle, Farrell and Pecher, all in favor. RESOLUTION NO. 298-14 August 26, 2014 DA VictimWitnessGrant.2014 AUTHORIZING THE DISTRICT ATTORNEY TO ACCEPT A GRANT FROM THE NEW YORK STATE OFFICE OF VICTIM SERVICES, IN ORDER TO CONTINUE THE FULL-TIME POSITION OF “VICTIM/WITNESS COORDINATOR” IN THE DISTRICT ATTORNEY’S OFFICE TO COMPLY WITH LEGAL REQUIREMENTS AND CARRY OUT THE TERMS OF THE GRANT PROGRAM. BY: Hon. Mark D. Farrell, Chairman Judicial & Public Safety and Hon. Joseph L. Runkle, Chairman Ways & Means WHEREAS, the Cayuga County District Attorney’s Office has been awarded a “multi-year” Grant with annual award amounts of $29,143.95 (10/1/14-9/30/15); $31,693.95 (10/1/15-9/30/16); and $29,143.95 (10/1/16-9/30/17) from the New York State Office of Victim Services for contract period October 1, 2014 through September 30, 2017 to continue operation of a Victim/Witness Services Program out of the District Attorney’s Office, and Tuesday, August 26, 2014 ---PAGE BREAK--- 232 WHEREAS, the grant program requires the District Attorney to continue in his office the position of “Victim/Witness Coordinator,” and WHEREAS, the grant program requires the District Attorney to comply with legal requirements and to carry out the terms of the grant program, so as to provide the appropriations and revenues necessary to support the services associated with the grant, NOW, after due deliberation it is hereby RESOLVED, that the District Attorney is authorized to accept the said Grant, and it is further RESOLVED, that the full-time position of “Victim/Witness Program Coordinator” is continued in the District Attorney’s Office with an annual salary as set forth in the Cayuga County Compensation Plan, Part I, Union-Represented CSEA (Civil Service Employees Association) for the appropriated year, and it is further RESOLVED, that the Cayuga County Treasurer be authorized and directed to make the necessary journal and accounting entries to accomplish the foregoing. Signed by Farrell, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik aqnd Pecher, all in favor. RESOLUTION NO. 299-14 (August 26, 2014) DA AUTHORIZING THE DISTRICT ATTORNEY TO FILL FULL TIME ASSISTANT DISTRICT ATTORNEY POSITION/VACANCY IN THE DISTRICT ATTORNEY’S OFFICE BY: Hon. Mark D. Farrell, Chairman, Judicial & Public Safety; and Hon. Joseph L. Runkle, Chairman, Ways and Means WHEREAS, District Attorney Jon Budelmann has a vacancy in full-time Assistant District Attorney Position Control Nos. 001795 and 005252 (EFPP) within the District Attorney’s office (effective August 13, 2014) as a result of the resignation of a full-time Assistant District Attorney; and WHEREAS, the full-time Assistant District Attorney position is a critical position in the District Attorney’s office responsible for the prosecution of serious felony cases; and WHEREAS, the Legislature is desirous about continuing this important prosecutorial position in the District Attorney’s Office; and WHEREAS, this position has been budgeted for the entire year; now therefore be it RESOLVED, that the District Attorney is authorized to fill this vacancy immedi- ately, by either an outside applicant or by promotion from within the department; and be it further RESOLVED, that the District Attorney be hereby authorized to backfill any posi- tions created by upward promotion from within the department; and be it further RESOLVED, that the foregoing be accomplished in accordance with Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by: Farrell, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik and Pecher, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 233 RESOLUTION NO. 300-14 08/26/14 PRO Create & Fill I Part-Time Position for Probation Officer AUTHORIZATION TO CREATE & FILL ONE TEMPORARY PART-TIME PROBATION OFFICER POSITION IN THECAYUGA COUNTY PROBATION DEPT BY: Hon. Mark Farrell, Chairman, Judicial & Public Safety Committee Hon. Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the Cayuga County Legislature had allocated $4,500.00 to the 2014 adopted budget to create a position for a Temporary Part-Time Probation Officer; and WHEREAS, this position had not been created until this time; and WHEREAS, the need to create and fill this position is now necessary to continue expediting Presentence Investigations on jail defendants who will be sentenced to state prison; and WHEREAS, there is existing money in the A31401-51002 line of the Probation Department Budget to accommodate the wages of the Temporary Part-Time Probation Officer; now, therefore, be it RESOLVED, that a Temporary Part-Time Probation Officer position be created and filled in the Cayuga County Probation Department; and be it further RESOLVED, that the position be filled in accordance with the Civil Service Rules & Regulations and the Policies of the County of Cayuga. Signed by: Farrell, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik and Pecher, all in favor. RESOLUTION NO. 301-14 8/26/14 SHR AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE SHERIFF OF CAYUGA COUNTY TO RENEW THE AGREEMENT WITH THE NYS UNIFIED COURT SYSTEM TO INSURE ADEQUATE SECURITY SERVICES ARE AVAILABLE TO THE COURT SYSTEM IN CAYUGA COUNTY BY: MR. MARK FARRELL, Chairman, Judicial & Public Safety Committee MR. JOSEPH RUNKLE, Chairman, Ways & Means Committee WHEREAS, the Cayuga County Sheriff’s Office employs part-time individuals to serve as Special Patrol Officers (Court Security) and Court Attendants to provide secu- rity and ensure the smooth and efficient functioning for the New York State Unified Court System; and WHEREAS, the NYS Unified Court System reimburses 100% of the salary and fringe benefits associated with these positions and has submitted a renewal Agreement for the aforesaid security services and the County of Cayuga is desirous of renewing said Agreement; and WHEREAS, the Agreement shall cover a term of five years, commencing April 1, 2014 and terminating March 31, 2019, each year having its own maximum amount of monetary reimbursement and staffing schedule; and WHEREAS the initial period of the Agreement shall begin April 1, 2014 and shall end March 31, 2015, with one-year terms commencing on the first day of April and terminating on the last day of March for each succeeding year of the term of the Agree- ment; and Tuesday, August 26, 2014 ---PAGE BREAK--- 234 WHEREAS, the maximum reimbursable amount for the initial one-year term shall not exceed the amount of $555,531; now therefore be it RESOLVED, that the Chairman of the Legislature and the Sheriff are hereby autho- rized to execute the necessary documents to effect the renewal of this Agreement for the period of April 1, 2014 through March 31, 2019; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized to make the appropriate journal and accounting entries necessary to accomplish the intent of this Agreement. Signed by: Farrell, Didio, Whitman, Runkle, Mahunik, Pecher and Pinkney, all in favor. RESOLUTION NO. 302-14 (8/26/2014) EMO AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF EMERGENCY SERVICES TO ACCEPT A NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES FY2014 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) TO ENHANCE THE ALL HAZARDS PREPAREDNESS, MITIGATION, RESPONSE AND RECOVERY PROGRAMS AND CAPABILITIES OF CAYUGA COUNTY OFFICE OF EMERGENCY SERVICES, AND TO AUTHORIZE THE CAYUGA COUNTY TREASURER TO AMEND THE EMERGENCY MANAGEMENT 2014 BUDGET (A 3640) IN ORDER TO ACCEPT AND EXECUTE THE PURPOSES OF THE GRANT. BY: Mr. Mark D. Farrell, Chairman, Judicial & Public Safety Committee, and Mr. Joseph L. Runkle, Chairman, Ways & Means Committee. WHEREAS, the Cayuga County Office of Emergency Services and Cayuga County have been awarded a FY2014 Emergency Management Performance Grant (EMPG) for $35,201.00 by the United States Division of Homeland Security Federal Emergency Management Agency and the New York State Division of Homeland Security & Emer- gency Services to enhance all hazards preparedness, mitigation, response and recovery capabilities in Cayuga County by strengthening the County’s ability to prepare for, plan for, train for, respond to, and recover from all hazards emergencies and disasters, and; WHEREAS, the funds from this Grant, as outlined in the grant guidance, will be utilized to strengthen and enhance the County Office of Emergency Service’s capabilities through a comprehensive all hazards planning, preparedness, training, response, mitiga- tion and recovery approach; Now therefore, be it. RESOLVED, that the Chairman of the Cayuga County Legislature and the Director of Emergency Services are hereby authorized to accept this Grant and to sign any and all documents necessary for acceptance and execution of the Grant; and be it further RESOLVED, the Cayuga County Treasurer’s Office is hereby authorized and di- rected to amend the 2014 Emergency Management A3640 Budget to accommodate ac- ceptance of this grant in the following manor; Utilize Existing Federal Aid Revenue Account A36400 44305 and adjust the revenue line for the $35,201.00 grant. Signed by: Farrell, Didio, Whitman, Runkle, Mahunik, Pecher and Pinkney, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 235 RESOLUTION NO. 303-14 (08/26/2014) EMO AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF EMERGENCY SERVICES TO ACCEPT A NEW YORK STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT TO ENHANCE THE ALL HAZARDS PREPAREDNESS AND RESPONSE CAPABILITIES OF CAYUGA COUNTY, AND TO AUTHORIZE THE CAYUGA COUNTY TREASURER TO AMEND THE EMERGENCY MANAGEMENT 2014 BUDGET (A 3640) BY CREATING A REVENUE AND A CONTRACTUAL LINE IN ORDER TO ACCEPT AND EXECUTE THE PURPOSES OF THE GRANT. BY: Mr. Mark D. Farrell, Chairman, Judicial & Public Safety Committee, and Mr. Joseph L. Runkle, Chairman, Ways & Means Committee WHEREAS, the Cayuga County Office of Emergency Services applied for and the County was granted $116,250.00 for a State Homeland Security Grant to enhance all hazards preparedness and response capabilities of Cayuga County by strengthening the County’s ability to plan for, train for, respond to, and recover from all hazards emergen- cies and disasters. WHEREAS, the funds from this Grant will be utilized to strengthen and enhance the County’s capabilities through a comprehensive all hazards planning, training, response, mitigation and recovery approach, which will include advanced planning, backfill of first responders, while on training activities, and purchasing equipment to strengthen the all hazards response; Now therefore, be it. RESOLVED, that the Chairman of the Cayuga County Legislature and the Director of Emergency Services are hereby authorized to accept this Grant and to sign any and all documents necessary for acceptance and execu- tion of the Grant; and be it further RESOLVED, that the County Administrator is authorized to advertise for bids for equipment not listed on NYS OGS Contract; and be it further RESOLVED, that the Chairman of the Legislature be authorized to enter into con- tracts with vendors in order to accomplish the goals and objectives set forth in the Grant Contract without further Legislative Action; and be it also RESOLVED, the Cayuga County Treasurer’s Office is hereby authorized and di- rected to create and amend the 2014 Emergency Management A3640 Budget in the following manner: Create Revenue Account A36470 44333 FED AID - SHSP 14 $116,250.00 Create Contractual Account A36474 54525 FED AID - SHSP 14 $116,250.00 Signed by: Farrell, Didio, Whitman, Runkle, Mahunik, Pecher and Pinkney, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 236 RESOLUTION NO. 304-14 (8/26/2014) EMO AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF EMERGENCY SERVICES TO ACCEPT A NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES FY2014 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) TO ENHANCE THE ALL HAZARDS PREPAREDNESS, MITIGATION, RESPONSE AND RECOVERY PROGRAMS AND CAPABILITIES OF CAYUGA COUNTY OFFICE OF EMERGENCY SERVICES, AND TO AUTHORIZE THE CAYUGA COUNTY TREASURER TO AMEND THE EMERGENCY MANAGEMENT 2014 BUDGET (A 3640) IN ORDER TO ACCEPT AND EXECUTE THE PURPOSES OF THE GRANT. BY: Mr. Mark D. Farrell, Chairman, Judicial & Public Safety Committee, and Mr. Joseph L. Runkle, Chairman, Ways & Means Committee. WHEREAS, the Cayuga County Office of Emergency Services and Cayuga County have been awarded a FY2014 Emergency Management Performance Grant (EMPG) for $35,201.00 by the United States Division of Homeland Security Federal Emergency Management Agency and the New York State Division of Homeland Security & Emer- gency Services to enhance all hazards preparedness, mitigation, response and recovery capabilities in Cayuga County by strengthening the County’s ability to prepare for, plan for, train for, respond to, and recover from all hazards emergencies and disasters, and; WHEREAS, the funds from this Grant, as outlined in the grant guidance, will be utilized to strengthen and enhance the County Office of Emergency Service’s capabilities through a comprehensive all hazards planning, preparedness, training, response, mitiga- tion and recovery approach; Now therefore, be it. RESOLVED, that the Chairman of the Cayuga County Legislature and the Director of Emergency Services are hereby authorized to accept this Grant and to sign any and all documents necessary for acceptance and execution of the Grant; and be it further RESOLVED, the Cayuga County Treasurer’s Office is hereby authorized and di- rected to amend the 2014 Emergency Management A3640 Budget to accommodate ac- ceptance of this grant in the following manor; Utilize Existing Federal Aid Revenue Account A36400 44305 and adjust the revenue line for the $35,201.00 grant. Signed by: Farrell, Whitman, Runkle, Mahunik, Pecher and Pinkney, all in favor. RESOLUTION NO. 305-14 (8/26/14) COA LL estab director human services department & repeal LL 3 of 1997 and LL 2 of 2008 adopt rev 4 TO ADOPT LOCAL LAW FOR THE YEAR 2014, A LOCAL LAW ESTABLISHING AND CREATING THE POSITION OF DIRECTOR OF COMMUNITY SERVICES; ESTABLISHING AND CREATING THE POSITION OF CAYUGA COUNTY PUBLIC HEALTH DIRECTOR; AND, REPEALING LOCAL LAW NO. 3 FOR THE YEAR 1997 AND TO REPEAL LOCAL LAW 2 FOR THE YEAR 2008. BY: CAYUGA COUNTY LEGISLATURE WHEREAS, Local Law for the year 2014 A LOCAL LAW ESTABLISH- ING AND CREATING THE POSITION OF DIRECTOR OF COMMUNITY SER- VICES; ESTABLISHING AND CREATING THE POSITION OF CAYUGA COUNTY Tuesday, August 26, 2014 ---PAGE BREAK--- 237 PUBLIC HEALTH DIRECTOR; AND, REPEALING LOCAL LAW NO. 3 FOR THE YEAR 1997 AND TO REPEAL LOCAL LAW 2 FOR THE YEAR 2008, WAS CON- SIDERED was considered by the Cayuga County Legislature at its meeting held on July 22, 2014’ and WHEREAS, pursuant to law and after proper notice having been given, the County Legislature held a public hearing on said Local Law No. for the year 2014 on August 26, 2014 at 5:30 P.M.; now, therefore be it ENACTED, that the Cayuga County Legislature does hereby adopt Local Law No. for the year 2014, “LOCAL LAW NO.__5_ FOR THE YEAR 2014, A LOCAL LAW ESTABLISHING AND CREATING THE POSITION OF DIRECTOR OF COMMUNITY SER- VICES; ESTABLISHING AND CREATING THE POSITION OF PUBLIC HEALTH DIRECTOR; AND, REPEALING LOCAL LAW NO. 3 FOR THE YEAR 1997 AND TO REPEAL LOCAL LAW NO. 2 FOR THE YEAR 2008” ; and be it further RESOLVED, that the Clerk of the County Legislature publish notice of the adop- tion of the proposed said Local Law in the official newspapers of Cayuga County, one time per week for each of two weeks, the first publication to be within ten (10) days of its effective date. Signed by: Chapman, Whitman, Vitale, Farrell, Pinkney, Runkle, Batman, Pecher, Baxter, Bennett, Reginelli, Mahunik, Lattimore, Didio and Foley, all in favor. RESOLUTION NO. 306-14 8.26.14 LEG combine vital statistics registration district 0591rev SUPPORTING THE CITY OF AUBURN’S REQUEST TO CO-SPONSOR A RESOLUTION TO SEEK APPROVAL FROM THE CAYUGA COUNTY LEGISLATURE TO COMBINE THE VITAL STATISTICS REGISTRATION DISTRICT 0591-AUBURN CORRECTIONAL FACILITY AND VITAL STATISTICS REGISTRATION DISTRICT 0501- CITY OF AUBURN, NEW YORK. BY: Hon. Mark Farrell Hon. Michael Didio WHEREAS, the Registrar of the Vital Statistics of the City of Auburn (District 0501) and Auburn Correctional Facility (District 0591) have entered into an agreement to consolidate Auburn Correctional Facility with the City of Auburn into one primary registration district of the City of Auburn (District 0501) WHEREAS, there are several Vital Statistics Registration Districts in the state of New York charged, pursuant to New York State Public Health Law (Section 4120.2(a)), to maintain the registration of births and deaths within the district, subject to approval of the Cayuga County Legislature; and WHEREAS, based upon approval by the Cayuga County Legislature, the New York State Commissioner of Health by issue an order combining the two districts; WHEREAS, the state is downsizing and consolidating there are fewer people to assume the responsibilities of the Registrar of Vital Statistics; and WHEREAS, no one currently designated as Registrar at Auburn Correctional Facil- ity as his/her appointment has expired; and Tuesday, August 26, 2014 ---PAGE BREAK--- 238 WHEREAS, Jessica Corcoran, Registrar of Vital Statistics Registration District 0501- City of Auburn, New York, has by correspondences dated August 5, 2014 requested that the Cayuga County Legislature co-sponsor a resolution to seek approval to combine the Vital Statistics Registration District 0591-Auburn Correctional Facility and Vital Statis- tics Registration District 0501-City of Auburn, New York; NOW THEREFORE BE IT RESOLVED that upon the request of the Auburn Correctional Facility Primary Registration District and the City of Auburn Primary registration District, The Cayuga County Legislature does hereby approve the consolidation and combination of the Au- burn Correctional facility and the City of Auburn Primary Registration District; and it be further RESOLVED, that the Clerk of the Legislature, and the same, is hereby directed to send a certified copy of this resolution to the New York State Commissioner of Health, the City Clerk of the City of Auburn, the Auburn Correctional Facility, the Cayuga County District Attorney and the Cayuga County Public Health Director. Signed by: Chapman, Whitman, Vitale, Farrell, Pinkney, Runkle, Batman, Pecher, Baxter, Bennett, Reginelli, Mahunik, Lattimore, Didio and Foley, all in favor. RESOLUTION NO. 307-14 8/26/14 LEG LL A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT rev FIXING DAY AND NOTICE OF PUBLIC HEARING ON ADOPTING LOCAL LAW FOR THE YEAR 2014, A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c. (2/3) BY: CAYUGA COUNTY LEGISLATURE. WHEREAS, there has been duly presented and introduced at a meeting of this County Legislature held on August 26, 2014, a proposed local law entitled: “LOCAL LAW FOR THE YEAR 2014, A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c. “ Now, therefore, be it RESOLVED, that a public hearing shall be held concerning the proposed local law before the Cayuga County Legislature on September 23, 2014, at 6:30 P.M., at the Chambers of the Cayuga County Legislature, County Office Building, 160 Genesee Street, Auburn, New York, and the Clerk of the Cayuga County Legislature is hereby directed to give due legal notice of said public hearing as provided by statute. Signed by: Chapman, Tucker, Vitale, Runkle, Pecher, Baxter and Bennett. Approved by 2/3 vote, ayes- Whitman, Vitale, Farrell, Pinkney, Runkle, Batman, Baxter, Bennett, Reginelli, Lattimore, Didio, Foley and Chapman, noes- Pecher, excused- Mahunik, 218/ 17/14. RESOLUTION NO. 308-14 8.26.14 LEG BASS MASTER TOURNAMENT REV4 FINANCIALLY SUPPORTING THE EFFORTS OF THE UPCOMING BASS MASTER ELITE TOURNAMENT IN UNION SPRINGS, NEW YORK AND AMENDING THE 2014 BUDGET BY: Hon. Keith Batman Hon. Terrance Baxter WHEREAS, on August, 21 through the 24, 2014 the Bass Masters Elite Tournament will be held in the Village of Union Springs, New York and on Cayuga Lake; and Tuesday, August 26, 2014 ---PAGE BREAK--- 239 WHEREAS, the Bass Masters Elite Tournament will place Cayuga County in the spotlight as a tourist destination; and WHEREAS, the reputation of Cayuga County as an attractive tourist destination for anglers and others alike is at stake, and efforts have been made over the past decade to promote the tourist, hunting, fishing and recreation in and around Cayuga County; and WHEREAS, the Village of Union Springs and the Union Springs Chamber of Commerce have requested the assistance of Cayuga County with this undertaking; and WHEREAS, the Bass Master Elite Tournament is the most visible circuits of Pro Bass fishing and 100 of the best anglers in the country are going to be competing against each other for first place; and WHEREAS, contestants and spectators are expected from across the Country and media coverage is expected to cover the Tournament; and WHEREAS, the County anticipates realizing an increase in attendance at local ho- tels, restaurants and attractions within Cayuga and neighboring Counties and thereby an increase in County sales tax as a result of the increased activity generated by the event; and WHEREAS, monies have been identified in the insurance Account A10141 54131 to contribute to the tournament; now therefore be it RESOLVED, that the Cayuga County Legislature supports the community efforts to make the Bass Tournament on Cayuga Lake a success by allocating the sum of $7,500.00 from Account No. A10141 54131 to the tournament; and be it further RESOLVED, that the sum of $7,500.00 be transferred from Account A10141 54131 to Account No. A10104 54074, Department Expense; and be it further RESOLVED that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolu- tion. Signed by: Chapman, Farrell, Pinkney, Runkle, Pecher, Baxter, Bennett, Mahunik, Lattimore, Didio. Whitman requests for a roll call vote. Motion by Didio to table resolution to get more information, 2nd by Pecher, motion defeated by show of hands, Noes- Vitale, Farrell, Pinkney, Runkle, Batman, Baxter, Bennett, Reginelli, Lattimore and Foley. Ayes- Whitman, Pecher, Didio and Chapman, excused Mahunik. Motion by Batman to amend the resolution to say we will pay up to $7,500.00 after all the funds has been received and all expenses are identified. He says we will pay up to the $7,500.00 if a funding gap remains and if no funding gap remains there will be no need for our money. If $7,500.00 remains we will be liable for up to that amount but if more than that remains it will not be our responsibility, 2nd by Farrell discussion fol- lows, all in favor expect Pecher, Pinkney, Baxter and Vitale. Whitman reminds body of his request for a roll call vote. Roll call vote on Leg-4 as amended defeated by majority vote, Noes- Whitman, Vitale, Pinkney, Pecher, Baxter, Lattimore and Chapman. Ayes-Farrell, Runkle, Batman, Bennett, Reginelli, Didio and Foley, Mahunik excused 431/405/47. Motion by Lattimore to vote on the original resolu- tion, 2nd by Pinkney, motion passed by majority vote, Ayes- Farrell Pinkney, Runkle, Batman, Baxter, Bennett, Reginelli, Lattimore and Didio, Noes- Whitman, Vitale, Pecher, Foley and Chapman, Mahunik excused, 531/305/47. Tuesday, August 26, 2014 ---PAGE BREAK--- 240 RESOLUTION NO. 309-14 8.26.14 COL amend rules of order Authorizing the amendment of the RULES OF ORDER CAYUGA COUNTY LEGISLATURE, Article II-Meetings of the Legislature, Rule No. 11 EMERGENCY RESOLUTIONS. BY: Hon. Michael Didio, Chairman Government Operations Hon. Joseph Runkle, Chairman Ways & Means Committee WHEREAS, from time to time the Cayuga County Legislature reviews its Rules of Order-Cayuga County Legislature and thereafter considers making changes thereto; and WHEREAS, clarification has been requested to the Rules of Order relating to Emer- gency Resolutions; and WHEREAS, Government Operations Committee asks that the Rules of Order be amended to reflect this changes; now therefore be it RESOLVED, that the Rules of Order-Cayuga County Legislature shall be amended as follows: RULE NO. 11: EMERGENCY RESOLUTIONS – An emergency requiring the passage of a resolution by the Legislature shall be deemed to be passed by the Legislature upon the majority of the Chairperson of the Legislature, the Chairperson of Ways & Means, The Oversight Committee Chair, and the Minority Leaders. Signed by: Chapman, Whitman, Vitale, Farrell, Pinkney, Runkle, Batman, Pecher, Baxter, Bennett, Reginelli, Mahunik, Lattimore, Didio and Foley, all in favor. Motion by Chapman to amend the resolution to appropriate $3,000.00 instead of $5,000.00 to cover the upcoming NYSAC Conference fees, discussion, 2nd by Whitman, all in favor of amendment except Bennett, Farrell, Pecher and Vitale. RESOLUTION NO. 310-14 8/26/2014 COL NYSAC conf. Fall2 014 rev AUTHORIZATION TO INCREASE LINE A10104-54067 (LEGISLATURE SEMINARS & CONFERENCE FEES) $5,000.00 AND DECREASE ACCOUNT A10101-58003 (LEGISLATURE HEALTH INSURANCE) BY: Hon. Michael Didio, Chairman, Government Operations Committee, an Hon. Joseph Runkle, Chairman, Ways & Means Committee. WHEREAS, funding is not available in account A10104-54067 (Seminars & Confer- ence Fees) to cover the fall 2014 NYSAC Conference. WHEREAS, funding is available in account A10101-58003 due to lower than antici- pated health insurance costs being charged to the Legislative Board; now therefor be it Resolved, that the following budget transfer be made in order to fund the 2014 fall NYSAC Conference: Increase A10104-54067 Seminars & Conferences $5,000.00 Decrease A10101 58003 Health Insurance $5,000.00 ; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolution. Signed by: Didio, Batman, Baxter, Foley, Lattimore, Runkle, Vitale, Pinkney and Whitman, all in favor except Bennett, Farrell, Pecher and Vitale. Tuesday, August 26, 2014 ---PAGE BREAK--- 241 Discussion: Pecher asks how much has been expended in this category. Chapman says he doesn’t have the number that was expended in front of him. Pecher says since we don’t know what we are voting on the Motion No. 311-14 August 26, 2014 Motion by Chapman that we declare the discarded Nursing Home equipment surplus and then allow Loretto to remove that equipment and utilize those funds to purchase new equipment, 2nd by Didio, all in favor. Motion by Pinkney to adjourn, 2nd by Foley, all in favor. Tuesday, August 26, 2014 ---PAGE BREAK--- 242 MINUTES CAYUGA COUNTY LEGISLATURE SEPTEMBER 23, 2014 AT 6:30PM CALL TO ORDER: Hon. Joseph Bennett, Deputy Chairman ROLL CALL: Sheila Smith, Clerk of the Legislature, all present, except Chapman ex- cused. PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: DEATHS: Our sincere condolences to the families and friends of: David Daniel Didio, beloved Brother of Legislator Michael Didio. Elizabeth “Betty” Graney, beloved Grandmother of Legislator Patrick Mahunik PUBLIC HEARING: 6:30PM, opened at 6:34 PM TO ADOPT LOCAL LAW FOR THE YEAR 2014, A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c. (2/3) PROCLAMATIONS: Sheriff’s Week in Cayuga County Katherine Switzer Day in Cayuga County Freedom from Workplace Bullies Week RESOLUTION NO. 312-14 9-2-14 AUD EmgAuthAudit EMERGENCY AUTHORIZATION TO CORRECT REGULAR RESOLUTION NO.265-14, AUTHORIZING THE COUNTY TREASURER TO PAY JULY 29-AUGUST 11, 2014 AUDIT OF CLAIMS Reason for emergency: Resolution No. 265-14, Authorizing the County Treasurer to pay July 29-August 11, 2014 Audit of Claims, erroneously stated that the aggregate claims for the period July 29 – August 11, 2014 was $1,958,738.46. The Resolution was approved on August 26, 2014. Thereafter, it was discovered that the aggregate sum is $1,959,738.46 and not $1,958,738.46 as stated in Resolution No. 265-14. The checks are issued. The request is to amend the resolution to read AUTHORIZING THE COUNTY TREASURER TO PAY JULY 29-AUGUST 11, 2014 AUDIT OF CLAIMS AND REPEALING RESOLUTION NO. 265-14. BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on August 26, 2014, audit claims against the County of Cayuga in the aggregate sum of $1,959,738.46, therefore be it Tuesday, September 23, 2014 ---PAGE BREAK--- 243 RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and di- rected to pay the several claims so audited and charge the amounts to the several appro- priations made therefore in the County Budget finalized on December 12, 2013; and be it further RESOLVED, that Resolution No. 265-14 is hereby repealed. Signed by Runkle, Batman, Chapman, Pecher and Sinclair, approved 9-2-14 EMPLOYEES 1st AWARDEES: none PUBLIC BE HEARD: If you wish to speak notify your Legislator, who will grant you privilege of the floor. You will be allowed to speak for 3 to 5 minutes. You must state your name and address. MINUTES: For Approval: 8/26/14, Motion by Pinckney, 2nd by Runkle. COMMITTEE REPORTS & INDIVIDUAL LEGISLATORS’ REPORTS: Didio says the Inter County Association of Western New York they will be meeting tomorrow at the NYSAC conference for a brief update. The next meeting after that will be held in Livingston County next month. He says the Owasco Lake Watershed Association met today and they had an excellent presentation and a memorandum was passed out with the Watershed visions. This included discus- sions and a review of 26 goals. Batman says Didio and himself are putting together a public discussion on water and the manure issue. This meeting will be held on October 29th at 6:00PM at BOCES. He says on October 14th there will be a Solar Summit held at the Green Tree in Syracuse. Foley says the County Tourism board has been working on their budget and it should be finalized shortly. He says there were a few of us that attended NYSAC. It was well attended and there was lots of learning that went on and it was a good experience for all Legislatures involved. Lattimore says he met with the Governor today in a ground breaking at Solar City out in Buffalo. He says it created over 4,000 jobs for the area. He says it would be nice if we could pick some of that up on our end. Baxter says he attend the Canal conference in Geneva the last couple of days. He says they are spending a lot of money on refurbishing projects along the canal. One of them is right here in Port Byron where they are building a heritage park. He says tourism is really pushing hard along the canal. Towns and villages are building up. He says I don’t know the actual value of the project but believe I it’s quite huge. Baxter says he would like to see the Legislature to take a trip out there to take a tour. Tuesday, September 23, 2014 ---PAGE BREAK--- 244 Whitman said he attended a wedding last Friday at the Emerson pavilion. He said the park staff was great. Everyone was very helpful, the catering was great and over all a very pleasurable experience. CCC REPORT: Dr. DeCinque – DeCinque says he distributed his State of the College address to the Legislature that is his report for this month. He says the intent was not only to give the college community but also the entire community a report of where the college is at this particular point. He thinks it was a very positive report with enough cautions of what may lay ahead. He says there are 3 themes that we will be looking at hard this year. The first is retention. That means seeing that more of our students complete their goal of obtaining a degree. It is our mission to see student fulfill their goals, this also helps us keep from having enrollment issues. He says it is a lot easier to keep students rather than trying to recruit them. DeCinque says that the second focus will be on our middle state accreditation. He says there is nothing more important to a college than maintaining their accreditation. This year we will be writing what is called the “self-study” which is submitted in the fall, and then next April there will be a visit from an accreditation team that will be on the campus for about three days. They will follow up after that with a report giving us our status of our ongoing accreditation. The last item on the focus is to explore the concept of regionalization. He says he has spent a great deal of time on Friday walking through the steps that it would take to go in that direction. I realize that it is not just a decision for the college, it really starts with this body. He says he wants to make it clear that it is the Legislature’s call, and that the college is sponsored by Cayuga County. He says I will be attempting to lay out what I feel are the positives and why I would feel it would be in long term interest of the college, the county and the community at large. There will be a lot of discussion that will take place and a lot of information will be provided. He says I will be available to answer any questions and I know that some will need additional research. I do believe though after looking at this for the past nine months that regionalization is part of the solution for the future for Cayuga Community College. Lattimore says I was invited to Byrne Dairy the other day and OCC had brought some training money. He asks DeCinque if we have put in for anything of that sort. DeCinque says I am not quite sure what that source was but we do frequently apply for training money to support our local business and industries. We have received a Trade Adjustment Act about 2 or 3 years ago which is resulting in the opening the plastics on the Auburn campus and we have some students moving into that. Currier has donated and loaned us equipment so we are able to have the state of the art training. COUNTY ADMINISTRATOR’S REPORT: Suzanne Sinclair CHAIRMAN’S REPORT: Michael Chapman Bennett gives the Chairman’s report. He says that Chapman attended a legisla- tive breakfast, attended a celebration the Heights 40th anniversary, participate in Probation Officers interviews, attended the 911 Ceremony at City Hall, participate in a strategic planning session for CEDA, and took a tug boat ride Tuesday, September 23, 2014 ---PAGE BREAK--- 245 on the canal system at the invitation of Commissioner Brian Stratton. Bennett also shares information that Chapman noted about 9-14-LEG-1. He says a few weeks ago Chapman asked at NYSAC how many counties would exceed the tax cap and at that time there were six. He asked again on 9/19/14 and the number was twelve. He said last year’s number was twenty-three and NYSAC predicts that at least twenty will exceed the tax cap this year. APPOINTMENTS AND RE-APPOINTMENTS: Cayuga County Planning Board: Paul Nelson, 90 S. Main St., Moravia, NY 13118, Term – (serve until a new nomination is submitted by the municipality that they represent) This was approved at last month’s Planning Committee, but was not on Legislative agenda. Motion by Farrell, 2nd by Runkle, all in favor. COMMUNICATIONS AND ANNOUNCEMENTS: none RESOLUTIONS 9-23-14 RESOLUTION NO. 313-14 09/23/14 AP Audit September 23, 2014 AUTHORIZING THE COUNTY TREASURER TO PAY AUGUST 12-25, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on September 23, 2014, audit claims against the County of Cayuga in the aggregate sum of $527,391.63, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and directed to pay the several claims so audited and charge the amounts to the several appropriations made therefore in the County Budget finalized on December 12, 2013. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 314-14 09/23/14 AP Audit September 23, 2014 AUTHORIZING THE COUNTY TREASURER TO PAY AUGUST 26-SEPTEMBER 8, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on September 23, 2014, audit claims against the County of Cayuga in the aggregate sum of 758,894.12, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and directed to pay the several claims so audited and charge the amounts to the several appropriations made therefore in the County Budget finalized on December 12, 2013. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. Tuesday, September 23, 2014 ---PAGE BREAK--- 246 RESOLUTION NO. 315-14 09/23/2014 TRE auth Sale Real Property rev AUTHORIZATION TO SELL REAL PROPERTY TO SATISFY CLAIM DUE TO THE FORMER CAYUGA COUNTY NURSING HOME BY: Mr. Joseph Runkle, Chairman Ways and Means Committee WHEREAS, when the County sold the Nursing Home there was a term included that allowed the County to take possession of all accounts receivable due to the Nursing Home; and WHEREAS, one account receivable, in the amount of $111,725.90 has been pre- sented to the Estate of Myrta Streeter, 8580 State Route 34, Weedsport, NY 13166; and WHEREAS, the Cayuga County Treasurer was appointed as the Administrator CTA of the Estate of Myrta Streeter; and WHEREAS, the major asset of the Estate is the real property commonly known as 8580 State Route 34, Weedsport, NY 13166 which parcel is assessed at 129,400; and WHEREAS, the said property has been on the market over one and a half years with no offers due to the nature of the property; and WHEREAS, an offer has been received for $56,180, allowing a rare opportunity for the Estate of Myrta Streeter to sell real property and to settle the claims against the Estate of Mryta Streeter; and be it further associated with an account receivable; and WHEREAS, the anticipated net proceeds after expenses and taxes are satisfied is approximately $47,500; and WHEREAS, the Administrator of the Estate of Myrta Streeter seeks consent from the Cayuga County Legislature to settle the claim of the Cayuga County Nursing; now, therefore be it RESOLVED, that the County Legislature consents to the sale of the property commonly known as 8580 State Route 34, Weedsport, NY 13166for the sum of $56,180.00 and agrees to compromise and settle the debt owed by the Estate of Myrta Streeter to the Cayuga County Nursing Home and further agrees to compromise and settle the claim against the Estate of Myrta Streeter from the surplus monies remaining in the Estate after the payment of the necessary and approved expenses and fees of the Estate. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 316-14 (9/23/14) RP adopt equalization rates TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE 2015 COUNTY TAX LEVY By: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, it is recommended that the following equalization rates, which have been set by the NYS Board of Real Property Services for the City of Auburn and the several Towns, be adopted for the 2015 Cayuga County tax levy. City of Auburn 100.00 Town of Moravia 100.00 Town of Aurelius 99.00 Town of Niles 100.00 Town of Brutus 100.00 Town of Owasco 91.00 Town of Cato 99.00 Town of Scipio 87.00 Town of Conquest 100.00 Town of Sempronius 100.00 Town of Fleming 38.25 Town of Sennett 100.00 Town of Genoa 100.00 Town of Springport 88.00 Tuesday, September 23, 2014 ---PAGE BREAK--- 247 Town of Ira 100.00 Town of Sterling 100.00 Town of Ledyard 100.00 Town of Summerhill 100.00 Town of Locke 106.53 Town of Throop 100.00 Town of Mentz 99.00 Town of Venice 100.00 Town of Montezuma 89.00 Town of Victory 100.00 NOW, THEREFORE BE IT, RESOLVED, that the above equalization rates be fixed, determined, approved and adopted as the percentages on which the assessed value of the real property in the several tax districts of Cayuga County bear to the full value thereof, and that the equalization of the real property for the purpose of appropriating the amount to be levied and raised by taxes for County purposes for the year 2015 be obtained and made on the basis of such percentages. Signed by Runkle, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 317-14 9/23/14 W&M – Contract AECC AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE COUNTY ADMINISTRATOR TO ENTER INTO A CONTRACT WITH ASBESTOS AND ENVIRONMENTAL CONSULTING CORPORATION (AECC) FOR THE PROVISION OF ENVIRONMENTAL HEALTH & SAFETY COMPLIANCE SUPPORT SERVICES. BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, Cayuga County wishes to promote a healthy and safe working envi- ronment; and WHEREAS, Cayuga County wishes to remain in compliance with New York State and other government agencies with regard to safety standards; and WHEREAS, AECC has made a proposal to continue the program of safety compli- ance support services established; now therefore be it, RESOLVED, that the Chairman of the Legislature and the County Administrator be authorized to enter into an agreement with AECC to perform Tasks 1, 4, 5, and 7 for the period of twelve months, provided that the agreement shall state that AECC will obtain approval on an ongoing basis for work to be done, and be it further RESOLVED, that the funding for these services will come from account A16204 54059 in the annual operating budgets for 2014 and 2015. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 318-14 September 23, 2014 HD 4410 Contracts Cayuga AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO CONTRACT WITH MULTIPLE SERVICE AGENCIES AND INDIVIDUALS FOR THE PROVISION OF SERVICES FOR CHILDREN ELIGIBLE FOR 3-5 SERVICES (SED-4410 PRE-SCHOOL SPECIAL EDUCATION SERVICES) BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Cayuga County Health Department assumes fiscal responsibility for the provision of services to eligible children (SED-4410 pre-school special education services); and Tuesday, September 23, 2014 ---PAGE BREAK--- 248 WHEREAS the Health Department is required to insure that appropriate service providers are available for provision of services for those eligible children; and WHEREAS, the Health Department has successfully contracted with agencies and individuals to provide these services in the past; and WHEREAS, the rate schedule is established and set by State Education for those 4410 providers operating preschool programs; and WHEREAS, the Health Department has the responsibility to set the related service rates for the itinerant service providers (providers of services who treat eligible children in community settings) serving children in our 3-5 program; and WHEREAS, the Health Department’s Programs for Children with Special Needs Director surveyed related services rates in surrounding counties with Cayuga County rates lower than all responding; WHERAS, the rates have not been adjusted since January 1, 2007, and therefore the Department is setting the rates as follows: SED 4410 Related Services ½ Hour Rates Effective 11/1/2014 Office-Based $41 Group Sessions $38 per child Community-Based $54 with maximum group size of two County (Beyond 25 mi. Radius of Auburn) $63 When an IEP reads”45 minute session” add $15 to above base When an IEP reads”60 minute session,” add $30 to above base. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to amend current contracts for provision of SED-4410 pre-school special education related services rates as stated above for the effective 11/1/2014 for term to end 12/31/2016; AND BE IT ALSO RESOLVED, that payment for these services be charged to account #A-40454 54307 of the Health Department’s budget. Signed by Mahunik, Baxter, Bennett, Foley, Lattimore, Pecher, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 319-14 September 23, 2014 HD HRI Integrated Cancer Serv. 2014 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO RENEW THE CONTRACT WITH HRI TO PROVIDE CLINICAL SERVICES FOR THE INTEGRATED CANCER SERVICES PROGRAM BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Health Department’s Integrated Cancer Services Program is par- tially funded by federal funding through Health Research, Inc.; and WHEREAS, we have again been offered federal funding for this program through Health Research, Inc.; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to enter into a contract with Health Research, Inc. to accept federal funding for participation in the Integrated Cancer Services Program in the amount of $69,194 for the period of June 30, 2014 through June 29, 2015; and be it further Tuesday, September 23, 2014 ---PAGE BREAK--- 249 RESOLVED, that the Director of Public Health be authorized to enter into subcon- tracts with agencies/individuals for the provision of clinical services for the Integrated Cancer Services Program in order to accomplish the goals of this grant; and be it also RESOLVED, that the Cayuga County Treasurer be authorized and directed to amend the Health Department’s 2014 Budget in the following manner: Increase Appropriation Account #40234 54000 $69,194 Increase Revenue Account #40230 43423 $69,194 Signed by Mahunik, Baxter, Bennett, Foley, Lattimore, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 320-14 September 23, 2014 HD PHP Grant 2012 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ENTER INTO SUB CONTRACTS AND PURCHASE EQUIPMENT AND SUPPLIES FOR THE PUBLIC HEALTH PREPAREDNESS CONTRACT WITH HRI (WORKING IN COLLABORATION WITH NYSDOH) BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, HRI (Health Research, Inc.) working in collaboration with NYSDOH contracted with Cayuga County Health Department (Contract #1585-10) for the period of 7/1/2012 – 6/30/2017 in the amount of $410,205 for the purpose of continued devel- opment of public health preparedness in Cayuga County; and WHEREAS, Cayuga County Health Department needs to enter into subcontracts and purchase equipment and supplies as necessary to implement this grant. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to enter into subcontracts and purchase equipment and supplies for the purpose of continued development of public health preparedness in Cayuga County; and be it further RESOLVED, that upon notification from the Department, the Cayuga County Trea- surer be authorized and directed to make all necessary journal and accounting entries in each of the 2013, 2014, 2015, and 2016 budgets: And be it also RESOLVED, that Contract #1585-10 in all portions thereof, as heretofore and herein amended, shall remain in full force and effect in accordance with the terms thereof. Signed by Mahunik, Baxter, Bennett, Foley, Lattimore, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 321-14 (9/23/14) HHS Transitional Housing AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF COMMUNITY HEALTH TO ENTER INTO A CONTRACT FOR THE PROVISION OF TRANSITIONAL HOUSING ALTERNATIVE FOR HOMELESS CLIENTS BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee Tuesday, September 23, 2014 ---PAGE BREAK--- 250 WHEREAS, the Department of Human Services is required to provide emergency housing for individuals that are determined to be homeless; and WHEREAS, the Department has the option to provide transitional housing, with a case management component, to homeless individuals in order to move them to perma- nent housing faster; and WHEREAS, the cost per night in the transitional housing units will be lower than the cost per night at a hotel where no case management or onsite supervision is provided; and WHEREAS, the term of the contract with Chapel House will be for five years beginning when the transitional housing units are prepared to be occupied by clients; and WHEREAS, Chapel House is willing to provide transitional housing to our home- less clients at an annual cost of $82,000 plus minor repair charges; NOW, THEREFORE, BE IT RESOLVED, that the Department of Human Services and the Chairman of the Legislature are authorized to enter into a contract with Chapel House for the provision of transitional housing for homeless clients. Signed by Mahunik, Baxter, Bennett, Foley, Lattimore, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. RESOLUTION NO. 322-14 September 23, 2014 HS Liberty Resources MST 2014 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF COMMUNITY SERVICES TO ENTER INTO A CONTRACT WITH LIBERTY RESOURCES FOR THE PROVISION OF MULTI-SYSTEMIC THERAPY BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Human Services Division of Health & Human Services is respon- sible for providing preventive services to forestall foster care placement; and WHEREAS, such services are reimbursed by the State at 62% net of Federal; and WHEREAS, Liberty Resources has the ability to provide preventive services to families in Cayuga County, including Multi-Systemic Therapy; and WHEREAS, funding for this contract is in the 2014 budget; and WHEREAS, our Human Services Division desires to contract with Liberty Re- sources to provide these services; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Community Services be allowed to enter into a contract with Liberty Resources to provide the above services for the contract period of October 1, 2014, through December 31, 2015, at a cost of $112,361 with a one-time start-up cost of $3,000; and be it further RESOLVED, that these services be paid from Account #A60704 54184 of the Human Services Department’s 2014 Budget. Signed by Mahunik, Baxter, Bennett, Foley, Lattimore, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. Tuesday, September 23, 2014 ---PAGE BREAK--- 251 RESOLUTION NO. 323-14 9/23/2014 MH Contract Liberty Crisis 9.14 AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO CONTRACT WITH LIBERTY RESOURCES, INC. FOR THE PROVISION OF MOBILE CRISIS SERVICES BY: Patrick Mahunik, Chair, Health and Human Services Committee, and Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, there is a need for Mental Health Mobile Crisis Services in Cayuga County particularly during evenings and weekends when agencies are closed; and WHEREAS, State Aid funding is available for re-allocation within Cayuga County for these services; and WHEREAS, a Request for Proposals was sent to multiple service providers in our region with a pre-proposal conference held on July 8, 2014 which was attended by three service providers; and WHEREAS, two proposals were received and were evaluated by a committee com- prised of Community Services Board members and Mental Health Department/Local Government Unit representatives which determined that the proposal submitted by Liberty Resources Inc. would best meet the needs of the County; now, therefore, be it RESOLVED, that the Director of Community Services be authorized to enter into a contract with Liberty Resources for the provision of Mobile Crisis Services for a cost not to exceed $108,000 annually; and be it further RESOLVED, that the Cayuga County Treasurer be authorized to make the journal entries appropriate and necessary to implement this resolution. Signed by Mahunik, Baxter, Bennett, Foley, Lattimore, Pecher, Reginelli, Runkle, Didio, Farrell and Whitman, all in favor. Motion by Batman to table, 2nd by Foley, motion failed all voting no to table, with Foley, Batman and Vitale in favor to table. Original resolution passed my major- ity vote, Ayes- Whitman, Pinkney, Runkle, Baxter, Bennett, Mahunik, Lattimore and Didio, Noes- Vitale, Farrell, Batman, Reginelli, Foley, and excused Chapman. Vote count 521/287/75 RESOLUTION NO. 324-14 September 23, 2014 HS Fill Clerk SNAP AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO FILL A FULL-TIME CLERK VACANCY IN THE SNAP UNIT IN HUMAN SERVICES BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, there is an anticipated Clerk vacancy Grade 3, Position Control # 7387 in the SNAP Unit of Human Services due to a promotion; and WHEREAS, this position assists with SNAP application processing and tracking, issuing benefit cards and PIN numbers, as well as other clerical duties in support of the SNAP Unit; and WHEREAS, this position is reimbursed at 50% Federal; and WHEREAS, funding for this position is included within the 2014 Human Services budget; NOW, THEREFORE, BE IT Tuesday, September 23, 2014 ---PAGE BREAK--- 252 RESOLVED, that the Director of Community Services be authorized and directed to fill the Clerk position in the SNAP Unit of Human Services and any fill behind that may occur, in a manner consistent with the rules and regulations of the Cayuga County Civil Service Commission and the policies of the County of Cayuga. DISCUSSION: Batman says since the committee meetings, there was a presenta- tion of what the 2015 budget may look like and that budget is of great concern to me. He says we must consider that any position we create now will increase the 2015 budget. He says the issue in my mind is what we do today rolls over to 2015. Mahunik says he would like to point out that this position is 50% reimbursable and Social Services as well as all our departments are doing what they can not to fill positions they can hold off on. He says this department is already running pretty lean right now and this is the time of year that more people will be coming to seek assistance so I will support filling this position now. Whitman asks if the SNAP unit is a mandated program. Bizzari responds yes. Pecher says he believes that this position is essential and delaying filling this position will hurt the poor and the elderly. Mahunik says he concurs with Pecher. He says that Bizzari has went back and looked at the situation to see if there was any other way to do it and he came back with the recommendation that we definitely do need this. Runkle I am going to support the original resolution and I feel that our department heads showed us that they do understand that the County is in trouble. He says he feels confident in Bizzari and all our department heads. Lattimore says he agrees and that we should not micro-manage our department heads. He says they showed creativity in filling positions saving us money so when they show us that we should encourage them when they ask us for something. Whitman says that this far into this year our department heads have heard nothing but nit picking when they come to us with a position to fill. He says he thinks they have gotten the message loud and clear that only positions that are needed will be filled and I feel it is insulting for us to feel that they can do without positions they are coming to us for. RESOLUTION NO. 325-14 9/23/14 COA-ApptCoAttty2014 RE-APPOINTING CAYUGA COUNTY ATTORNEY FOR A TWO YEAR TERM BY: Michael Didio, Chair, Government Operations Joseph Runkle, Chair, Ways & Means Committee. WHEREAS, this Committee wishes to submit the name of Frederick R. Westphal for the appointment of Cayuga County Attorney for January 1, 2014 - December 31, 2015; now, therefore be it RESOLVED, that Frederick R. Westphal is hereby appointed Cayuga County At- torney for the years January 1, 2014 - December 31, 2015; and be it further RESOLVED, as per adopted Resolution No. 325-14, the County Attorney Salary will remain at its present status; and be it further RESOLVED, that this resolution shall take effect immediately; and be it further RESOLVED, that the Cayuga County Treasurer is hereby directed to make the necessary accounting and journal entries to carry out the same. Signed by Baxter, Lattimore, Runkle, Vitale, Didio, Farrell, Mahunik, Pecher and Whitman, all in favor. Tuesday, September 23, 2014 ---PAGE BREAK--- 253 RESOLUTION NO. 326-14 September 23, 2014 PB HHW14_contract_awardv2 AUTHORIZING SIGNING OF CONTRACT FOR HOUSEHOLD HAZARDOUS WASTE CLEANUP PROJECT BY: Mr. Paul Pinckney, Chair, Planning and Economic Development Committee Mr. Joseph Runkle, Chair, Ways and Means Committee WHEREAS, the County of Cayuga has for many years conducted collections of household hazardous waste in an effort to remove potentially hazardous and toxic sub- stances from the environment and by so doing protect the public health, remove potential threats to emergency workers who may respond to buildings where such materials are stored, and safeguard natural resources of Cayuga County; and WHEREAS, an amount of $36,000 has been properly budgeted for by the Cayuga County Planning and Economic Development Department (FY 2014 Special Programs Account A 80204-54164); and WHEREAS, the Cayuga County Planning and Economic Development Department is budgeted to receive $18,000 in grant funds from New York State Department of Environmental Conservation (2014 Budget Revenue Account A 80200-42118) for this project, which represents 50% reimbursement for holding such events; and WHEREAS, as authorized by Resolution #110-14 the County released a Request for Proposals to obtain the services of a hazardous waste service provider, which yielded the receipt of two proposals that were opened on September 3, 2014 and evaluated for responsiveness to the County’s needs, resulting in the proposal from Environmental Products and Services of Vermont, Syracuse New York Division, being found to be the best; now, therefore, be it RESOLVED, that the Chairman of the County Legislature is hereby authorized to sign the necessary contract with Environmental Products and Services of Vermont, Syracuse New York Division, to complete the required work in regard to said project in an amount not to exceed $36,000.00; and be it further RESOLVED, that the County Treasurer is hereby authorized to make the journal and accounting entries necessary to accomplish the same. Signed by Pinckney, Batman, Baxter, Farrell, Foley, Lattimore, Reginelli, Runkle, Didio, Mahunik, Pecher and Whitman, all in favor. RESOLUTION NO. 327-14 September 23, 2014 AUTHORIZATION FOR CONTRACT AMENDMENTS TO IMPLEMENT THE MERIDIAN ENVIRONMENTAL RESTORATION PROJECT BY: Mr. Paul Pinckney, Chair, Planning and Economic Development Committee Mr. Joseph Runkle, Chair, Ways and Means Committee WHEREAS, Cayuga County foreclosed on the site of a former gasoline service station in the Village of Meridian via a Treasurer’s Tax Deed dated April 14, 2000 and began an investigation and cleanup process; and WHEREAS, the Cayuga County Legislature has supported the Meridian Environ- mental Restoration Project since 2000 by way of Resolutions #230-01, #273-01, #223- 04, #253-04, #97-10, #444-10, #445-10 and #39-13; and WHEREAS, Cayuga County was awarded funding from the New York State for Clean Water/Clean Air Bond Act funding via an Environmental Restoration Program Grant for $135,000 in 2008 and received the contract for same in 2009; and Tuesday, September 23, 2014 ---PAGE BREAK--- 254 WHEREAS, site investigation and remediation activities in 2010 and 2011 removed roughly 90% of the petroleum contamination and 83% of the lead contamination with the available funding; and WHEREAS, the New York State Department of Environmental Conservation ap- proved a State Aid Contract Amendment increasing the Project budget from $135,000 to $197,222, which was accepted by the County Legislature by Resolution No. 39-13; and WHEREAS, the New York State Department of Environmental Conservation ex- tended the grant contract to December 31, 2015 in May of 2014, and approved our 2013 Work Plan on July 11, 2014; now therefore be it RESOLVED, the Chairman is authorized and directed to execute agreements needed to implement this project, subject to the review and approval of the County Attorney, including the necessary contract extensions with C&S Companies and OpTech Environ- mental Services Inc.; and be it further RESOLVED, that the additional and available state funds can be expended with up to $9,000 to OpTech Environmental Services Inc. for cleanup activities and up to $27,000 to C&S Companies to oversee the cleanup activities and complete the Environment Restoration Project requirements; and be it further RESOLVED, that the County Environmental Engineer is to remain the County’s project manager for technical details and administration so long as the project stays within the project budget; and be it further RESOLVED, the County Treasurer is authorized to make the journal and accounting entries necessary to accomplish the foregoing; and be it further RESOLVED, that this resolution shall take effect immediately. Signed by Pinckney, Batman, Baxter, Farrell, Foley, Lattimore, Reginelli, Runkle, Didio, Mahunik, Pecher and Whitman, all in favor. RESOLUTION NO. 328-14 September 23, 2014 PB WQMA Revised By-laws APPROVAL OF THE REVISED BY-LAWS OF THE CAYUGA COUNTY WATER QUALITY MANAGEMENT AGENCY (WQMA) BY: Mr. Paul Pinckney, Chair, Planning and Economic Development Committee Mr. Joseph Runkle, Chair, Ways and Means Committee WHEREAS, pursuant to Resolution No. 216-14, duly adopted on June 24, 2014, adopted Local Law No. 4 for the year 2014, a Local Law establishing and creating a Cayuga County Buildings and Grounds Department; establishing and creating the Posi- tion of Superintendent of Buildings and Grounds Department; and repealing Sections 2, 3 and 7 of Local Law No. 1 for the year 2005; and WHEREAS, Resolution No. 644-07 amended Resolutions No. 445-90 and 461-00 to amend the Cayuga County Water Quality Management Agency (“WQMA”) member- ship and provided, in part, that Director of Cayuga County Planning and Economic Development or his/her designee, Director of Cayuga County Environmental Health or his/her designee, Superintendent of Cayuga County Parks and Trails or his/her designee, Director of Cayuga County Soil and Water Conservation District or his/her designee, Cayuga County Solid Waste Management Program Administrator or his/her designee, Cayuga County Cooperative Extension Director or his/her designee (6 persons)”; and Tuesday, September 23, 2014 ---PAGE BREAK--- 255 WHEREAS, pursuant to Resolution No. 254-14, duly adopted on July 22, 2014, amended Resolutions No. 445-90, 461-00 and 644-07 to make a change in the member- ship of the Cayuga County Water Quality Management Agency to reflect the merger of the Cayuga County Parks and Trails Department into the Cayuga County Buildings and Grounds Department; and WHEREAS, pursuant to Resolution No. 254-14, amended Resolution No. 644-07 to change paragraph to reads as follows Director of Cayuga County Planning and Economic Development or his/her designee, Director of Cayuga County Environmental Health or his/her designee, Superintendent of Cayuga County Buildings and Grounds Department or his/her designee, Director of Cayuga County Soil and Water Conservation District or his/her designee, Cayuga County Solid Waste Management Program Admin- istrator or his/her designee, Cayuga County Cooperative Extension Director or his/her designee (6 persons); and WHEREAS, it was necessary for the Cayuga County Water Quality Management Agency to revise their by-laws to reflect this change in membership; and WHEREAS, the Cayuga County Water Quality Management Agency worked with the Cayuga County Attorney to revise their by-laws in an accurate and legally respon- sible manner; and WHEREAS, the Cayuga County Water Quality Management Agency at their Sep- tember 4, 2014 meeting voted unanimously to accept the newly revised by-laws and seek required Legislative approval; NOW, THEREFORE, BE IT RESOLVED, that the Cayuga County Legislature approve the revised Cayuga County Water Quality Management Agency By-Laws as approved by the Cayuga County Water Quality Management Agency on September 4, 2014. RESOLVED, that this resolution take effect immediately. Signed by Pinckney, Batman, Baxter, Farrell, Foley, Lattimore, Reginelli, Runkle, Didio, Mahunik, Pecher and Whitman, all in favor. RESOLUTION NO. 329-14 September 23, 2014 PB DESIGNATING THE CAYUGA COUNTY CONVENTION AND VISITORS BUREAU AS THE CAYUGA COUNTY TOURISM PROMOTION AGENCY (“CCTPA”) FOR NEW YORK STATE GRANT FUNDING FOR THE 2015 STATE PROGRAM YEAR AND DESIGNATING THE PROGRAM PROJECT DIRECTOR BY: Mr. Paul W. Pinckney, Chair, Planning and Economic Development WHEREAS, the Cayuga County Convention and Visitors Bureau is the not-for-profit corporation designated by the Cayuga County Legislature to develop and implement a comprehensive tourism promotion and marketing program for the County; and WHEREAS, an New York State requires that an agency must be designated by resolution of the Cayuga County Legislature as the “Cayuga County Tourism Promotion Agency” or “CCTPA” for the specific purpose of making application to and receiving grants from most New York State grant programs; NOW THEREFORE, BE IT Tuesday, September 23, 2014 ---PAGE BREAK--- 256 RESOLVED, by the Cayuga County Legislature, that the Cayuga County Conven- tion and Visitors Bureau is hereby designated as the Cayuga County Tourism Promotion Agency (“CCTPA”) and is authorized to make application to receive grants on behalf of Cayuga County pursuant to the New York State Tourism Act for the 2015 Program Year; and be it further RESOLVED, that Meg Vanek, Executive Director of the Cayuga County Conven- tion and Visitors Bureau is hereby designated as the CCTPA Program Project Director. Signed by Pinckney, Batman, Baxter, Farrell, Foley, Lattimore and Reginelli, all in favor. RESOLUTION NO. 330-14 (9/24/14) ET WIALocalPlan AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN THE LOCAL PLAN FOR PROGRAM YEAR 2014 FOR THE WORKFORCE INVESTMENT ACT TITLE I-B AND WAGNER PEYSER PROGRAMS BY: Paul Pinckney, Chairman, Planning & Economic Development Committee Joseph Runkle, Chairman, Ways and Means Committee WHEREAS, pursuant to the Workforce Investment Act of 1998 (20 USC 9201 et, Seq, Public Law 105-220, 112 Stat.936) a Local Plan is required to be submitted for the Cayuga Cortland Workforce Investment Area (WIA) for the Title I-B and Wagner Peyser programs; WHEREAS, said Local Plan must be signed by the Workforce Invest Board Chair- man and the Chief Elected Officials in Cayuga and Cortland Counties; and WHEREAS, said plan is due to be submitted to the New York State Department of Labor by September 30, 2014 and WHEREAS, this legislature has been informed that there are no local funds involved in the program; Now, Therefore Be It RESOLVED, that the Chairman of the Cayuga County Legislature is hereby autho- rized and directed to execute the Local Plan for WIA Title I-B and Wagner Peyser pro- grams and related documents upon review and approval of the County Attorney. Signed by Pinckney, Batman, Baxter, Farrell, Foley, Lattimore, Reginelli, Runkle, Didio, MHUNIK, Pecher and Whitman, all in favor. RESOLUTION NO. 331-14 (9/23/14) PT Boat Launch Grant Contract and Execution 9 14 rev 2 AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN THE CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF STATE RELATED TO THE BOAT LAUNCH GRANT AT EMERSON PARK C1000414 AND AUTHORIZING THE COUNTY ADMINISTRATOR TO SOLICIT BIDS FOR THE PROJECT BY: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, Legislative Resolution No. 82-14 authorized the acceptance of a matching grant in the amount of $102,876 and a county match of $107,584 and the establishment of Capital H No. 14-02 for the repair/improvement of the boat launch at Emerson Park; and Tuesday, September 23, 2014 ---PAGE BREAK--- 257 WHEREAS, in order for this project to move forward the New York State Depart- ment of State has sent a proposed contract to be signed by the Chairman of the Legisla- ture, and WHEREAS, we will be required to go out to bid for some components of the project; and WHEREAS, the Legislature supports this project, now therefore be it RESOLVED, that the Chairman of the Cayuga County Legislature is hereby autho- rized and directed to sign the contract and any document required to implement the intent of this resolution; and be it further RESOLVED, that the Cayuga County Legislature hereby authorizes the County administrator to solicit bids for various portions of the project as required by the county purchasing policy; and be it further RESOLVED, that all necessary county departments work with the Superintendent of Buildings and Grounds to carry out the intent of this resolution. Signed by Whitman, Batman, Bennett, Runkle, Farrell, Mahunik and Pecher, all in favor. RESOLUTION NO. 332-14 September 23, 2014 HWY statesnowagree2014-2015 AUTHORIZING THE COUNTY CHAIRMAN TO SIGN THE SNOW REMOVAL AGREEMENT WITH NYS DOT FOR THE 2014-2015 SEASON BY: Tucker Whitman, Chairman, Public Works Committee Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, The Public Works Committee has recommended that the County High- way Department continue to conduct snow removal operations on the State Highways; and WHEREAS, the present agreement (agreement No. D009816) expires on June 30, 2013; and WHEREAS, the State will compensate the County in the amount of $638,387 for snow removal service for the 2014-2015 season; now therefore be it RESOLVED, to authorize the Chairman of the Cayuga County Legislature to sign the Agreement to Extend Municipal Snow and Ice Control Agreement with the State of New York for the 2014-2015 season. Signed by Whitman, Batman, Bennett, Runkle, Farrell, Mahunik and Pecher, all in favor. RESOLUTION NO. 333-14 9-23-14 RPS County Owned Propert Policy ADOPTING THE POLICY ON THE SALE AND DISPOSITION OF REAL PROPERTY OWNED BY CAYUGA COUNTY By: Tucker Whitman, Chairman, Public Works Joseph Runkle, Chairman, Ways & Means WHEREAS, the County Legislature has adopted numerous policies and procedures for conducting County business and others which are mandated by Federal and State governments; and WHEREAS, the County wishes to adopt a policy on the Sale and Disposition of Real Property Owned by Cayuga County that has been acquired through means other than the current year tax foreclosure process, and NOW, THEREFORE BE IT, Tuesday, September 23, 2014 ---PAGE BREAK--- 258 RESOLVED, that the County Legislature does hereby adopt the attached Policy on the Sale and Disposition of Real Property Owned by Cayuga County, and be it further RESOLVED, that the Policy be numbered Section 78 in the County Policy Manual and distributed by the Clerk of the Legislature to all County Department Heads; and be it further RESOLVED, that this resolution will take effect immediately upon adoption. Signed by Whitman, Batman, Bennett, Runkle, Farrell, Mahunik and Pecher, all in favor. Motion by Whitman to add to resolution to have County Administrator advertise and go to bid for the roof construction, 2nd by Runkle, all in favor, except Pinckney, Farrell and Lattimore. Resolution as amended all in favor, except Pinckney, Farrell and Lattimore. RESOLUTION NO. 334-14 9/23/14 HWY Awarding Highway roof CM AWARDING THE CONSTRUCTION MANAGEMENT OF THE HIGHWAY ROOF REPLACEMENT BY: Hon., Tucker M, Whitman, Chairman, Public Works Committee, and Hon. Joseph Runkle, Chairman, Ways & Means Committee. WHEREAS, the County Administrator requested RFP’s for the design of the re- placement of the Highway roof; and WHEREAS, the County received 13 responses for design and construction manage- ment, after reviewing the proposals using a selection process it has been determined that the design and Construction Management project should be awarded to Tetra Tech of Ithaca; now therefore be it WHEREAS, Tetra Tech of Ithaca has completed the design portion of the Roof as per resolution #250-14 and now is ready to solicit bids for the roofing project; and WHEREAS, Tetra Tech has submitted a bid for $6,023 for the Construction Man- agement phase of this project, now therefore be it RESOLVED, that Tetra Tech, Ithaca, NY be contracted for the construction manage- ment of the replacement of the Highway roof at 91 York Street Auburn NY for a sum not to exceed $6,023.00; and be it further RESOLVED, that funding for this design will come out of Highway Account DM51304 54012, and be it further RESOLVED, that the Chairman of the Cayuga County Legislature sign all contracts, to implement the intent of this resolution; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolution. Discussion: Whitman explains that this resolution is awarding the management to a particular company but I would also like to go out and advertise for bids. Batman says I know we have got to this point but I didn’t think we had approved the project. Whitman says we haven’t awarded a bid for the project but we are award- ing someone to oversee the project which would be the engineer to be in charge but they are not doing the project. Batman says we have not even discussed how this project would be funded. Lattimore asks if we have specks already. Whitman responds yes and we are hoping to get it done before it snows. Vitale asks so what Tuesday, September 23, 2014 ---PAGE BREAK--- 259 is the estimate. Wethey responds around $665,000.00. Reginelli asks if this money is available. Whitman responds last he had heard it was. Pinckney says he has had a couple discussions with a few engineers and I have had a sour taste on putting this money into this roof project and I will not be supporting it. He says I know it is a necessity but I don’t feel we are looking at the big picture. Whitman says if we wait much longer employees will be wearing rain coats at work. We have been putting it off for many years now and it is to the point it needs to be done. Pecher says 4 years ago I toured the building for the first time and I was surprised at the terrible conditions. He says it is time to do something. Foley says since Sinclair is not here nobody knows where the money is coming from. Whitman says this is not to approve the project this is just so we can advertise. RESOLUTION NO. 335-14 (September 23, 2014) Hwy Fill PrAcClerk AUTHORIZING THE COUNTY LEGISLATURE TO FILL A PRINCIPAL ACCOUNT CLERK POSITION IN THE HIGHWAY DEPARTMENT DUE TO RESIGNATION BY: Tucker Whitman, Chairman of the Public Work Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, a Principal Account Clerk (position control #006769) in the Highway Department will be reassigned through transfer to another County position with a 35 hr work week on September 29,2014; and WHEREAS, this position is critical to the Highway Department for job cost ac- counting, Chips reimbursements, LAFAP reimbursement and with the budget; and WHEREAS, the current employee in this position will be authorized to serve no more than 40 hours during the transition period to fill in before the new hire and for training purposes; and WHEREAS, funding is available in the 2014 Highway Budget to support this posi- tion; NOW, THEREFORE, BE IT RESOLVED, that the Cayuga County Legislature fill one Principal Account Clerk position, and be it further RESOLVED, that the vacated Principal Clerk position (control #006769) be re- tained by the existing employee at 5 hours per week and the Highway Superintendent be authorized and directed to fill the Principal Account Clerk in accordance with Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Whitman, Bennett, Runkle, Farrell, Mahunik and Pinckney, all in favor, except Farrell, Vitale, Batman and Pecher voting no. RESOLUTION NO. 336-14 9.23.14 911 Software ESRI AUTHORIZING THE CHAIRPERSON OF THE LEGISLATURE TO RENEW A ONE YEAR CONTRACT WITH ESRI INC. TO PROVIDE MAINTENANCE ON ARC EDITOR SOFTWARE. BY: Mr. Mark Farrell, Chairperson, Judicial and Public Safety Committee Mr. Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, the Cayuga County 911 Center utilizes ARC editor software to maintain our CAD mapping; and Tuesday, September 23, 2014 ---PAGE BREAK--- 260 WHEREAS, it is critical that the mapping is current; and WHEREAS, the E-911 Center with help from the Cayuga County Planning depart- ment utilizes Arc Editor Software to provide the necessary services; and WHEREAS, Arc Editor has submitted a renewal invoice for a one-year contract; and WHEREAS, there is money in the 911 Communication System Budget Account Number A30204 54018 for this purpose; now therefore be it RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the contract renewal, with ESRI Inc. for the amount of $1480.00 for the period of 10/1/14 – 9/30/15; and be it further RESOLVED, that the Cayuga County Treasurer make all the necessary journal and accounting entries to accomplish the foregoing. Signed by Farrell, Bennett, Pinckney, Reginelli, Whitman and Runkle, all in favor, except Lattimore voting no. RESOLUTION NO. 337-14 9.23.14 911 Software priority disp AUTHORIZING THE CHAIRPERSON OF THE LEGISLATURE TO RENEW A ONE YEAR MAINTENANCE CONTRACT WITH PRIORITY DISPATCH TO PROVIDE EMERGENCY MEDICAL DISPATCH SOFTWARE AND UPDATES TO THE EMERGENCY MEDICAL DISPATCH CARDSETS. BY: Mr. Mark Farrell, Chairperson, Judicial and Public Safety Committee Mr. Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, the Cayuga County 911 Center utilizes Priority Dispatch software to provide emergency medical dispatch to our callers; and WHEREAS, Priority Dispatch has submitted a renewal invoice for a one-year con- tract at a cost of 3,462.00; and WHEREAS, there is money in the 911 Communication System Budget Account Number A30204 54019 for this purpose; now therefore be it RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the contract renewal, with Priority Dispatch for the amount of $3,642.00 for the period of October 1, 2014 through September 30, 2015; and be it further RESOLVED, that the Cayuga County Treasurer make all the necessary journal and accounting entries to accomplish the foregoing. Signed by Farrell, Bennett, Pinckney, Reginelli, Whitman and Runkle, all in favor, except Lattimore voting no. RESOLUTION NO. 338-14 9/23/14 SHR – K&ASvcAgmnt AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE SHERIFF OF CAYUGA COUNTY TO ENTER AN AGREEMENT WITH K&A RADIOLOGIC TECHNOLOGY SERVICES, INC. BY: MR. MARK FARRELL, Chairman, Judicial & Public Safety Committee MR. JOSEPH RUNKLE, Chairman, Ways & Means Committee WHEREAS, K&A Radiologic Technology Services, Inc. has the ability to furnish the Cayuga County Jail with portable services including x-ray, ultrasound, echocardiograms, EKG and Holter monitoring; and Tuesday, September 23, 2014 ---PAGE BREAK--- 261 WHEREAS, the Cayuga County Sheriff’s Office has contracted with K&A Radio- logic Technology Services, Inc. since 2007 (219-07) for the aforementioned services as it decreases the need to transport inmates out of the jail making it safer and less expensive for the County; and WHEREAS, K&A Radiologic Technology Services, Inc. has provided an updated Agreement that includes the addition of new services they offer; and WHEREAS, the Cayuga County Sheriff’s Office is satisfied with the services pro- vided from K&A Radiologic Technology Services, Inc. and is desirous to update said Agreement; and WHEREAS, sufficient funds have been appropriated in the Sheriff’s Custody Divi- sion Budget Line A31504 54036 designated “Doctors and Hospitals” to pay for these services when utilized; now therefore be it RESOLVED, that the Chairman of the Legislature and the Sheriff are hereby autho- rized to execute the necessary documents to effect an extension of this Agreement for a period of twelve months from the date thereof with automatic yearly renewals unless terminated or modified pursuant to the terms set forth in said Agreement; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make payment pursuant to the terms of the Agreement and to make the journal and accounting entries necessary to accomplish the same. Signed by Farrell, Bennett, Pinckney, Reginelli, Whitman and Runkle, all in favor, except Lattimore voting no. RESOLUTION NO. 339-14 Date: 9/23/14 SH Fill Jail Vacancy rev AUTHORIZE THE SHERIFF TO FILL ONE VACANT SHERIFF CUSTODY OFFICER POSITION IN THE CUSTODY DIVISION OF THE CAYUGA COUNTY SHERIFF’S OFFICE. BY: Mr. Mark Farrell, Chair, Judicial & Public Safety Committee Mr. Joseph Runkle, Chair, Ways & Means Committee WHEREAS, a vacancy in the Cayuga County Sheriff’s Office, Custody Division, has occurred due to the retirement of a Sheriff Custody Officer (Position Control No. 004730-SYS) effective August 29, 2014; and WHEREAS, it is mandated by the New York State Commission of Correction that the Cayuga County Sheriff’s Department Custody Division maintain a certain number of Custody Officer Positions to comply with the minimum staffing complement as the services provided by these positions are critical for maintaining the safe, smooth and efficient operation of the Sheriff’s Office Custody Division and due to this vacancy, reduces the minimum staffing to one below state mandates; and WHEREAS, this position is designated and accepted in the 2014 Cayuga County Sheriff’s Custody Salaries Operating Budget A31501 51001; now therefore be it RESOLVED, that the Sheriff be hereby authorized and directed to fill Sheriff Custody Officer Position Control No. 004730-SYS; and be it further RESOLVED, the employee hired will be placed at the appropriate step within the Sheriff’s Employee Association of Cayuga County (SEACC) Compensation Plan for 2007-2011; and be it further RESOLVED, that this position be filled in accordance with the Civil Service Rules and Regulations and the Policies of the County of Cayuga. Signed by Farrell, Bennett, Pinckney, Reginelli, Whitman and Runkle. Tuesday, September 23, 2014 ---PAGE BREAK--- 262 Discussion: Batman says the coverage is necessary no question but I am not sure we have look at alternatives. Whitman says I am sure there are other alternatives to look at probably the same we should have looked at last year when we did the budget however we have drop the ball doing our job. Here we are in budget season once again punishing people that are trying to do their job and we can’t do ours. Batman says maybe it is time to do our jobs. He says I was not here last year so I can’t speak of that. Resolution approved by show of hands, all voting in favor, except Batman and Reginelli voting no. DEFEATED DEFEATED DEFEATED Motion by Baxter to table, 2nd by Didio, defeated by roll call vote all voting no, except Chapman excused. Motion by Pinckney to amend 2nd resolved to read: RESOLVED, that the hiring restriction shall end in 3 months from the date of adoption, 2nd by Farrell, all in favor, except Baxter and Pecher opposed. Motion by Whitman to amend the 4th resolved to read; RESOLVED, that the purchase of any item with a cost in excess of $2,500.00 must be approved by the County Administrator for purchase or payment, 2nd by Runkle, all in favor, except Baxter, Pecher and Reginelli. Resolution as amended , defeated by roll call vote, Noes- Whitman, Runkle, Pecher, Baxter, Bennett, Reginelli, Mahunik, Vitale, Farrell, Pinckney, Batman, Lattimore, Didio, Foley, Chapman excused. Vote count 415/393/75 RESOLUTION NO. 9.23.2014 LEG hiring spending restriction HIRING and SPENDING RESTRICTIONS By: Keith Batman, 2nd by Mark Farrell WHEREAS, the Cayuga County Legislature is of the opinion that restrictions on the hiring of County personnel and the expenditure of County funds are in the best interests of the residents of Cayuga County; now, therefore, be it RESOLVED, that effective immediately with the passage of this resolution, there shall be a hiring restriction on the creation of new positions of County employment, restriction on the filling of any new or vacant positions of County employment, and restriction on the purchase of any item with a cost in excess of five hundred dollars and be it further RESOLVED, that the hiring restriction shall continue until repealed by an act of the Cayuga County Legislature by resolution; and be it further RESOLVED, that the above restrictions shall not apply to hiring or the filling of positions, when in the opinion of the Department Head, County Administrator and the Chair of the Oversight Committee one or both of the following conditions apply. The position generates more revenue than its total cost (salary and total benefits) and the alternatives available to provide the service and associated revenue will not result in the equivalent net revenue OR The service provided and/or work accomplished by the posi- tion cannot be covered by the transfer of duties of existing staff and maintaining the service provided by the position with overtime or other payments will cost more than the cost of salary and total benefits of a new position. Tuesday, September 23, 2014 ---PAGE BREAK--- 263 If one or both of the above conditions apply, then in that event, consideration of the creation or filling of the position will proceed through established Legislative processes for consideration. And be it further RESOLVED, that the purchase of any item with a cost in excess of $500.00 must be approved by the County Administrator for purchase or payment; and be it further RESOLVED, that this Resolution does not repeal any previously adopted resolu- tion of the Cayuga County Legislature which authorized the creation and filling of a position of County employment or that authorized the filling of a vacant position of County employment. Discussion: Batman introduces this resolution. He says this resolution provides some guidelines and says we will not fill positions unless under extreme condi- tions. The other part to this resolution is to put a 2nd step in place having the County Administrator review and approve any expenditure over $500.00. This will communicate to us, the employees and the public just how serious this matter is. Whitman this is creating more red tape for our employees and they won’t be able to get their jobs done in a timely fashion. He says this will end up costing us more money having to run around to find the County Administrator. I don’t believe this is a good idea, it is creating more headaches. Pecher says I believe most of these steps are already taken. We having been reviewing positions one at a time and basically don’t see the necessity of this. Runkle says in my opinion a statement like this is telling our department heads they don’t know how to do their job. He says this is a major step that I am not prepared to vote for. Farrell says I can go back and review an email that I received last January that we were going to diligently attack the budget this year and during the course of the year when things have come up to try to address the budget we have seem to do much different than what we have done in the past. He says I agree with Whitman that we have dropped the ball but at some point in time we have to pick up the ball. I don’t feel this is sending the message that people aren’t doing their jobs, it’s sending the message that we are recognizing we have a problem that we are looking to address. Farrell says I would have to love to look at the budget months ago to be reevaluating expenditures but we did not do that. We can do something at the midnight hour now or come November and December we are going to be looking how to come up with millions of dollars. Foley says this proposal came out of the budget meeting that we established as one of the ideas. It was our goal to come out of the meeting with some sort of proposal that we would be able to look toward the end of the year to see what we could do to put some limitations on spending and positions being filled. He says he feels that this should move forward and also if anyone else has any ideas they should bring them forward. Vitale says it’s now or never that we need to start doing something to take care of this budget. Mahunik says he agrees that we need to do something but not sure this is the most effective thing to do. He says I feel like it sends a terrible message. Public Hearing, closed at 7:38PM Tuesday, September 23, 2014 ---PAGE BREAK--- 264 RESOLUTION NO. 340-14 9/23/14 COA LL A LOCAL LAW OVERRIDE THE TAX LEVY LIMIT rev ADP TO ADOPT LOCAL LAW NO. 6 FOR THE YEAR 2014, A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c. (2/3) BY: CAYUGA COUNTY LEGISLATURE. WHEREAS, Local Law No. 6 for the year 2014, a Local Law to override the Tax Levy limit established in general municipal law §3-c. WHEREAS, pursuant to law and after proper notice having been given, the County Legislature held a public hearing on said Local Law No. 6 for the year 2014 on September 23, 2014 at 6:30 P.M.; now, therefore be it ENACTED, that the Cayuga County Legislature does hereby adopt Local Law No. 6 for 2014, “LOCAL LAW NO. 6 FOR THE YEAR 2014, A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW RESOLVED, that the Clerk of the County Legislature publish notice of the adop- tion of the proposed said Local Law in the official newspapers of Cayuga County, one time per week for each of two weeks, the first publication to be within ten (10) days of its effective date. STATE OF NEW YORK COUNTY OF CAYUGA LOCAL LAW NO. 6 FOR THE YEAR 2014 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c. BE IT ENACTED by the County Legislature of the County of Cayuga as follows: SECTION 1. LEGISLATIVE INTENT. The Cayuga County Legislature has determined it may be necessary to override the limit on the amount of real property taxes that may be levied by the County of Cayuga for the coming fiscal year 2015 pursuant to General Municipal Law §3-c. SECTION 2. OVERRIDE OF TAX LEVY LIMIT. Upon the adoption of this local law, the Cayuga County Legislature is hereby authorized to override the tax levy limit for the coming fiscal year 2014 to allow the County of Cayuga to adopt a budget for the fiscal year 2015 that may require a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c. SECTION 3. LEGAL AUTHORITY. The authority to override the tax levy limit is authorized by General Municipal Law § 3- c which expressly authorizes a local government, such as Cayuga County, to override the tax levy limit for the coming fiscal year 2015 by the adoption of a local law approved by vote of sixty percent (60%) of the total voting power of its governing body, the Cayuga County Legislature. SECTION 3. EFFECTIVE DATE. That this Local Law shall take effect immediately, in accordance with the provisions of the Municipal Home Rule of the State of New York. Signed by, Whitman, Vitale, Farrell, Pinckney, Runkle, Batman, Baxter, Bennett, Reginelli, Mahunik and Didio. Tuesday, September 23, 2014 ---PAGE BREAK--- 265 Discussion: Foley like have said in committee I don’t support overriding the tax cap this year. He says he feels it’s disastrous and it’s not fair to the tax payers. Runkle says there are two ways to balance a budget, increase revenue or cut costs. He says this does not say we are going to increase revenue but not passing this would severely limit us to that option. Mahunik says although I do not support this in theory I do support what Runkle just said it is giving us a tool kit not to have to go that route. He says I know I can’t just go to my boss if I can’t pay my bills and say I need an extra so I do think we need to make those tough decisions. He says I think we need to have tool possible. Pecher says I don’t think we have tried hard enough to get rid of some of the things we don’t have to do. He says we need to concentrate on the essentials. Our County roads are is horrible shape and sooner or later it is going to get us in serious trouble with horrible accidents that could be preventable by fixing the roads. Pecher says we have not been serious about any- thing here so I am voting no. Approved by 60% of the weighted vote: Ayes – Whitman, Vitale, Farrell, Pinckney, Runkle, Batman, Baxter, Bennett, Reginelli, Mahunik, and Didio. Noes – Pecher, Lattimore and Foley. Excused – Chapman. Vote – 648/160/75. Motion by Baxter to adjourn at 7:46PM, 2nd by Runkle, all in favor. Tuesday, September 23, 2014 ---PAGE BREAK--- 266 MINUTES CAYUGA COUNTY LEGISLATURE October 28, 2014 at (10:00AM) Student Government Day WELCOME: In case of an emergency, please exit to the rear of the chambers. You will have to take the stairs down to the basement, turn right and exit through the rear door. Please note; the elevators will not function. If anyone is unable to use the stairway, please go to caucus room No. 2 located behind the chambers and emergency personnel will be notified. Restrooms are located in the main hallway and handicapped restroom is located behind the chambers. CALL TO ORDER: Hon. Michael Chapman, Chairman AT 10:05 AM. ROLL CALL: Sheila Smith, Clerk of the Legislature, all Legislators present, except Reginelli excused. PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: DEATHS: Our sincere condolences to the families and friends of: Marian T. Bramble, she was the Ira Town Clerk from 1960-2003, a member of the Cayuga County Parks and Trails Commission and a board member of the Lang Memorial Library. STUDENTS ASSIGNED TO LEGISLATORS: Legislator Student School Michael Chapman, Chair, District 2 Kory Kline Cato-Meridian High School Whitman, Tucker, District 1 Lexus Carr Red Creek High School Ben Vitale, District 3 Maria Morganthaler Port Byron High School Mark Farrell, District 4 Andrew Rude Weedsport High School Paul Pinckney, District 5 Garrett Cunningham Union Springs High School Joseph Runkle, District 6 Karissa Colombo Union Springs High School Keith Batman, District 7 Dan Lukas Southern Cayuga High School Hans Pecher, District 8 Griffin Amos Moravia High School Terry Baxter, District 9 Taylor Yowan Moravia High School Joseph Bennett, District 10 Zach Rink Jordan Elbridge High School Frank Reginelli, District 11 (Excused) Patrick Mahunik, District 12 Jordan Middleton Auburn High School Timothy Lattimore, District 13 Amanda Dixon Auburn High School Michael Didio, District 14 Jack Burgmaster Auburn High School Ryan Foley, District 15 Elizabeth Sherman Auburn High School Sheila Smith, Clerk of Legislature Austin Bell Cato-Meridian High School Fred Westphal Co. Attorney Chelsey Kopp Jordan Elbridge High School Suzanne Sinclair, Co. Administrator Adrianne Torea Southern Cayuga High School PROCLAMATIONS: Domestic Violence Awareness Month in Cayuga County (October 2014) - presented on 10-15-14 Tuesday, October 28, 2014 ---PAGE BREAK--- 267 Cayuga County Office for the Aging celebrating 40 years of service (1974-2014) Samantha House Day in Cayuga County, October 28th, 2014 Cornell Cooperative Extension of Cayuga County 100th Anniversary Celebration, No- vember 20th, 2014 EMPLOYEES 1st AWARDEES: Ben Guzalak from 911 Julie Delaney from Public Health Sharon Blowers from Public Health Christopher Scholl from Public Health PUBLIC BE HEARD: If you wish to speak notify your Legislator, who will grant you privilege of the floor. You will be allowed to speak for 3 to 5 minutes. You must state your name and address. Pecher for Lance Robinson- Federation of Conservation Clubs Cayuga County- see attached MINUTES: For Approval: 9/23/14, Motion by Pecher, 2nd by Bennett, all in favor. CCC REPORT: Dr. DeCinque – no report COMMITTEE REPORTS & INDIVIDUAL LEGISLATORS’ REPORTS: Didio says October 29th at 6:00PM there will be a community forum at BOCES for open dialog concerning manure spreading on frozen ground. He says if you have any concerns on the quality of Owasco Lake it would be in your best interest to attend. Batman we are continuing to have conversations on solar issues. He says on a personal note he welcomed his first grandchild on October 8th. COUNTY ADMINISTRATOR’S REPORT: Suzanne Sinclair-Attached CHAIRMAN’S REPORT: Michael Chapman Chapman says we recently participated in the domestic violence rally that took place next door at the court house and thanks Sheriff Gould for being the M.C. for the event. He says it was especially moving hearing from victims of domestic violence and we hope in the future these acts will diminish and leave our commu- nity. Chapman says he would like to thank Legislator’s Mark Farrell and Patrick Mahunik for the proclamation on Samantha House. He says Samantha has been a long time reporter for the Citizen and we all have been observers that she reports fairly, she reports deep and that a very important message to get out. Chapman says I had the privilege to attend the Auburn Nursing Home’s 50th Anniversary and thanks Lattimore for also attending. He says last Friday night was the dinner to welcome the National Commander of the American Legion. He says to have a National Commander come here really says something about this Tuesday, October 28, 2014 ---PAGE BREAK--- 268 area. I have participated in many of these functions and this one had the highest number of those attending the dinner. The Commander also collected the largest amount of dollars from our district. He says this was truly a good event for Cayuga County. Motion by Farrell to approve the appointments, 2nd by Pinckney, all in favor. APPOINTMENTS AND RE-APPOINTMENTS: Cayuga County Convention and Visitors Bureau: Gino Alberici, 58 Adams St, Auburn NY 13021 ex-officio – term start 10-28-14 until another candidate is recommended. Motion by Didio to waive the reading of communication, 2nd by Pinckney, all in favor. COMMUNICATIONS AND ANNOUNCEMENTS: Chapman received a letter on October 16th, 2014 from New York State Division of Homeland Security and Emergency Services, announcing Cayuga County was awarded $89,550 in federal funding under the FY2014 Technical Rescue and Urban Search and Rescue (USAR) Grant Program. Chapman received a letter on October 16th, 2014 from New York State Division of Homeland Security and Emergency Services, announcing Cayuga County was awarded $168,619 under the New York State’s 2014-15 Public Safety Answering Points Opera- tions Grant Program (2014-15 PSAP Grant). Smith received an email from Mary Anderson, Pastor of the Weedsport Pres- byterian church, regarding Heroine Awareness encouraging the Legislature to actively address the issues of funding for drug treatment programs. RESOLUTIONS 10-28-14 RESOLUTION NO. 341-14 10/28/14 AP Audit October 28, 2014 AUTHORIZING THE COUNTY TREASURER TO PAY SEPTEMBER 9-29, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on October 28, 2014, audit claims against the County of Cayuga in the aggregate sum of 1,103,205.51, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and directed to pay the several claims so audited and charge the amounts to the several appropriations made therefore in the County Budget finalized on December 12, 2013. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney, and Whitman, all in favor. Tuesday, October 28, 2014 ---PAGE BREAK--- 269 RESOLUTION NO. 342-14 10/28/14 AP Audit October 28, 2014 AUTHORIZING THE COUNTY TREASURER TO PAY SEPTEMBER 30-OCTOBER 14, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on October 28, 2014, audit claims against the County of Cayuga in the aggregate sum of 1,424,122.07, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and directed to pay the several claims so audited and charge the amounts to the several appropriations made therefore in the County Budget finalized on December 12, 2013. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney, and Whitman, all in favor. RESOLUTION NO. 343-14 10/28/14 CCC maintenance custodial group 11 – 16 rev2 APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CAYUGA COMMUNITY COLLEGE MAINTENANCE/CUSTODIAL GROUP, ASCME LOCAL 932-C AND THE CAYUGA COMMUNITY COLLEGE FOR THE PERIOD SEPTEMBER 1, 2011 THROUGH AUGUST 31, 2016 BY: Hon. Joseph Runkle, Chairman, Ways and Means. WHEREAS, the Cayuga Community College and the Cayuga Community College Maintenance/Custodial Group (AFSCME Local 932-C)are parties to a Collective Bar- gaining Agreement governing terms and conditions of employment for certain employees of the Community College; and WHEREAS, Cayuga Community College Maintenance/ Custodial Group (AFSCME Local 932-C) submitted terms for a successor agreement to its membership for consideration; and WHEREAS, the membership of Cayuga Community College Maintenance/Custo- dial Group (AFSCME Local 932-C) approved and ratified the terms for a successor agreement on October 7, 2014; and WHEREAS, Cayuga Community College submitted terms for a successor agree- ment to its Board of Trustees for consideration; and WHEREAS, the Cayuga Community College Board of Trustees approved and rati- fied the terms for a successor agreement on October 15, 2014; and WHEREAS, both the Cayuga Community College Maintenance/Custodial Group (AFSCME Local 932-C) and the Cayuga Community College Board of Trustees recom- mend that the Cayuga County Legislature approve the terms for a successor agreement, a copy of the Tentative Agreement between the parties is attached; NOW THEREFORE, in consideration of the mutual agreements reached between Cayuga Community College Maintenance/Custodial Group (AFSCME Local 932-C) and the Cayuga Community College, the Legislature of Cayuga County hereby RESOLVES, that the Cayuga County Legislature hereby approves the terms and conditions of the Tentative Agreement by and between Cayuga Community College Maintenance/Custodial Group (AFSCME Local 932-C) and the Cayuga Community College Board of Trustees dated September 23, 2014 , copy attached; and be it further Tuesday, October 28, 2014 ---PAGE BREAK--- 270 RESOLVES, that the Cayuga County Legislature, authorized and directed to take any and all appropriate actions to approve and implement said agreement for the period September 1, 2011 through August 31, 2016 by providing the necessary funding therefore;be it further RESOLVED, that this resolution shall take effect immediately. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney, and Whitman, all in favor, except Bennett abstains. RESOLUTION NO. 344-14 10/28/14 RPS 2500 Correction of Error AUTHORIZING CORRECTIONS OF REAL PROPERTY TAXES IN THE AMOUNT OF $2,500 OR LESS BY THE COUNTY TREASURER BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, New York State Real Property Tax Law allows the County Legislature to delegate to the County Treasurer responsibility for making corrections and refunds of Real Property Taxes where the amount of the correction does not exceed $2,500; and WHEREAS, delegating that responsibility creates greater efficiency, saves taxpayer dollars by streamlining the process which takes less time of County personnel and ensures faster service to the effected property owners; now, therefore be it RESOLVED, that pursuant to Sections 554 and 556 of the New York State Real Property Tax Law, the Cayuga County Legislature hereby authorizes the County Trea- surer for the County of Cayuga to perform the duties of issuing refunds or corrections of taxes due as provided in said Real Property Tax Law Sections, where the recommended refund or correction is $2,500 or less; and be it further RESOLVED, that action by the County Treasurer is to be based on a sworn affidavit by the local assessing authority (Town Assessor) and the written report and recommen- dation of the Cayuga County Director of Real Property Tax Services; and be it further RESOLVED, that the Director of Real Property Services will submit a report for the precluding month to the Legislative Ways and Means Committee contain- ing the: township; parcel number; owner; reason for correction; and the dollar amount of the correction or refund; and be it further RESOLVED, that this resolution shall take effect immediately and is effective through the 2015 calendar year. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney, and Whitman, all in favor. RESOLUTION NO. 345-14 10/28/14 RPS Omitted Tax 2015 AUTHORIZING THE LEVY OF OMITTED TAXES BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, pursuant to Real Property Tax Law Section 520, an individual becomes liable for a pro rata tax when a property transfer takes place after the taxable status date, on formerly wholly or partially exempt property; now, therefore be it RESOLVED, the following omitted taxes in the amount of $28,214.45 shall be levied against the property owners in their respective municipalities who are liable for said tax; and be it further RESOLVED, that the levies shall be in accord with filed forms dealing with the Tuesday, October 28, 2014 ---PAGE BREAK--- 271 above-mentioned penalty tax, which have been approved by the respective Town Asses- sor. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney, and Whitman, all in favor. RESOLUTION NO. 346-14 10/28/14 RPS tax correction AUTHORIZING CORRECTION OF TAX ERRORS IN THE TOWN OF LEDYARD BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, petitions for corrections have been received by the Director of Real Property Tax, from the Town Assessors to correct clerical errors or an error in essential fact as specified below, as existed on the 2014 School Tax Roll, and; WHEREAS, the petitions for correction were received too late to make the neces- sary adjustments before the extension of taxes, and; WHEREAS, the Director of Real Property Tax Services has reviewed the petitions and found them to be correct; now therefore be it RESOLVED, that the Director of Real Property Tax Services under Real Property Tax Law 553-554 and 556A be authorized to make the change set forth hereafter; and be it further RESOLVED, that a corrected tax statement shall be prepared, or a refund of any overpayment of taxes be made, as is applicable; and be it further RESOLVED, that the 2014 School Tax Roll shall also be corrected as follows: Town of Ledyard: Tax Map # 193.05-1-2. This parcel applied for exempt status under Non-Profit – Educational purpose and qualified. The parcel should be placed in Roll Section 8 (Wholly Exempt) and the 2014 school tax bill should be deleted. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney, and Whitman, all in favor. Tuesday, October 28, 2014 Aurelius 1,490.74 Owasco 2,292.75 Cato 2,069.58 Scipio 201.46 Fleming 3,345.54 Sennett 6,404.49 Genoa 1,263.19 Springport 275.09 Ledyard 5,476.93 Sterling 715.78 Moravia 691.08 Summerhill 888.16 Niles 316.55 Throop 2,725.23 Venice 57.88 GRAND TOTAL 28,214.45 Municipality Omitted Tax Amt Municipality Omitted Tax Amt ---PAGE BREAK--- 272 RESOLUTION NO. 347-14 10/28/14 RPS Prorate Cost to Towns15 PRORATE COSTS OF SERVICES PROVIDED TO TOWNS BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the County Legislature did by adoption of Local Law No. 1 of 1968, as amended by Local Law No. 3 of the year 1991, initiate a program of Tax Installment Collection; and WHEREAS, the County of Cayuga does prepare the necessary forms to institute this installment collection service, as well as the preparation of new assessment rolls and extension of taxes on a yearly basis, and to cover computer expenses; and WHEREAS, tabulating expenses in preparing Town and School Assessment Rolls is a Town charge; now therefore be it RESOLVED, that the Office of Real Property Services is hereby authorized to prorate the cost back to the Towns on service performed by the County in the amount of $104,718.44. This total is computed on one-third salary plus fringes of the Department of Real Property staff. This cost is then prorated back to the towns by the number of parcels per town; and it is RESOLVED, that the Office of Real Property Services is hereby authorized to charge the cost back to the Towns for the annual licensing fee for users of the New York State Real Property System, in the amount of $21,850. This licensing fee has been established in accordance with Section 190-5.4(B) of the Rules for Real Property Tax Administration. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney, and Whitman, all in favor. RESOLUTION NO. 348-14 10/28/14 COL studentgovtsunset14 AUTHORIZING THE CLERK OF THE LEGISLATURE TO PAY THE SUNSET RESTAURANT FOR STUDENT GOVERNMENT DAY LUNCHES. BY: Joseph Runkle, Chairperson of Ways & Means WHEREAS, The Cayuga County Legislature will hold the annual Student Govern- ment Day on Tuesday October 28, 2014, with a luncheon to follow at the Sunset Restau- rant; and WHEREAS, selected students attending Cayuga County High Schools will attend and observe the County Legislature and County Departments in operation; and WHEREAS, funds have been appropriated in the adopted 2014 County Budget to pay for the lunches of the students and the School Chaperones attending Student Gov- ernment Day; and WHEREAS, the Sunset Restaurant requires payment at the conclusion of the lun- cheon on Student Government Day; and WHEREAS, the members of the Legislature, Department Heads and other members of the public attending the Student Government Day Luncheon will pay for their own luncheon and said funds collected will be deposited in the Cayuga County Treasurer’s Office; now therefore be it RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to pay the Sunset Restaurant for the Student Government Day Luncheon upon submission of an invoice out of account A10104-54071 (Student Government Day); and be it further Tuesday, October 28, 2014 ---PAGE BREAK--- 273 RESOLVED, that the County Treasurer make all necessary journal and accounting entries to accomplish same. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney, and Whitman, all in favor. RESOLUTION NO. 349-14 10/28/14 HD Amend Childhood Lead Grant 2013-2015 AMENDING RESOLUTION # 316-13 TO ACCEPT 2ND YEAR FUNDS FOR THE “CHILDHOOD LEAD POISONING PREVENTION PROGRAM” FROM THE NYS DEPARTMENT OF HEALTH TO CARRY OUT THE GOALS OF THE GRANT. BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, Resolution #316-13, authorized the Health Department to enter into a 2-year (October 1, 2013 through September 30, 2015) contract with NYS Department of Health for the “Childhood Lead Poisoning Prevention Program,” and to accept funds for the first year of the grant in the amount of $47,815 was approved on September 24, 2013; and WHEREAS, the Department has been awarded and would like to accept the funds in the amount of $47,815; for year two of the grant NOW THEREFORE BE IT RESOLVED, that the Department be allowed to accept $47,815 for the second year of the grant contract and enter into any subcontracts necessary to meet the goals of the grant program, as well as accept any COLA funds associated with the grant; and be it also RESOLVED, that the Cayuga County Treasurer be authorized and directed to amend the Health Department’s 2014 Budget in the following manner: Increase Appropriation Account #A40284 54000 $47,815 Increase Revenue Account #A40280 43428 $47,815 And be it also RESOLVED, that the Cayuga County Treasurer be authorized and directed to make the necessary journal and accounting entries to accomplish the same. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 350-14 10/28/14 HD F/T Health Programs Coordinator Position AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ABOLISH A P/T HEALTH PROGRAMS COORDINATOR POSITION AND A F/T PUBLIC HEALTH NURSE POSITION AND CREATE/FILL A F/T HEALTH PROGRAMS COORDINATOR POSITION. BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, due to the retirement of a Health Department’s full-time Public Health Nurse, effective August 2014; and WHEREAS, with the Public Health Nurse position (position # 004615) being va- cated, the Department submitted a new position duties statement to the Civil Service Commission requesting the creation of a F/T Health Programs Coordinator position; and Tuesday, October 28, 2014 ---PAGE BREAK--- 274 WHEREAS, this position will be approved at the Civil Service Commission as F/T Health Programs Coordinator with the jurisdictional class allocation being Competitive and will add the position to the position control file for the Public Health Department when the Legislature adopts this resolution; and WHEREAS, the Department desires to create and fill a F/T Health Programs Coor- dinator position in the Community Health Services unit, and abolish the P/T Health Programs Coordinator position and the F/T Public Health Nurse position; and WHEREAS, the newly created Health Programs Coordinator position is majority grant funded and will result in an overall savings to the Department; NOW THEREFORE BE IT; RESOLVED, the Legislature create a F/T Health Programs Coordinator position within the Health Department; and be it further; RESOLVED, the vacated positions of F/T Public Health Nurse and P/T Health Program Coordinator be abolished, and be it further; RESOLVED, the Director of Public Health be authorized and directed to fill the newly created F/T Health Program Coordinator position in accordance with Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 351-14 10/28/14 HD Create/Fill two Public Health Sanitarian Positions AUTHORIZING THE DIRECTOR OF PUBLIC HEALTH TO CREATE AND FILL TWO F/T PUBLIC HEALTH SANITARIAN POSITIONS AND ABOLISH TWO F/T SENIOR HEALTH TECHNICIAN POSITIONS AND A VACANT F/T PUBLIC HEALTH TECHNICIAN POSITION. BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, there currently exists two F/T Senior Public Health Technician posi- tions and one vacant F/T Public Health Technician position due to resignation in the Environmental Health Division of the Health Department; and WHEREAS, the Director of Public Health desires to abolish the existing two F/T Senior Public Health Technician positions and one vacant F/T Public Health Technician and create and fill two F/T Public Health Sanitarian positions within the Environmental Health Division of the Department of Health in order to appropriately redistribute work responsibilities and efficiently manage the Department; and WHEREAS, the Civil Service Commission recently reviewed and approved the duties of the F/T Public Health Sanitarian; and WHEREAS, these positions will be approved at the Civil Service Commission as F/ T Public Health Sanitarian with the jurisdictional class allocation being Competitive and will add the positions to the position control file for the Public Health Department when the Legislature adopts this resolution; and WHEREAS, that the two F/T Public Health Sanitarian positions be funded by transferring the funding from the vacated Public Health Technician position and the two vacated Senior Public Health Technician position resulting in a savings to the Depart- ment; NOW THEREFORE BE IT; Tuesday, October 28, 2014 ---PAGE BREAK--- 275 RESOLVED, the Director of Public Health be authorized and directed to fill the two F/T Public Health Sanitarian positions in accordance with Civil Service Rules and Regu- lations and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 352-14 10/28/14 HD Early Intervention Admin Grant 2013-2014 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ENTER INTO A CONTRACT WITH THE STATE TO ACCEPT FUNDS FOR THE EARLY INTERVENTION ADMINISTRATION GRANT BY: Patrick Mahunik, Chairman of Health & Human Services Committee Joseph Runkle, Chairman of Ways & Means Committee WHEREAS, the State of New York has made money available to county government for the purpose of meeting their administrative responsibilities in local oversight and implementation of the Early Intervention Program (a state-mandated program) for the period October 1, 2014 through September 30, 2015 in the amount of $35,996; NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to enter into a contract with the State to accept funding to offset our costs for administrative responsibilities in local oversight and implementation of the Early Intervention Program; and be it further RESOLVED, that the County Treasurer be authorized and directed to make the necessary journal and accounting entries in the 2014 Health Department Budget as fol- lows and to accept any additional COLA funds relative to this program: Increase Appropriation Account A40264 54000 $35,996 Increase Revenue Account A40260 43426 $35,996 and be it also RESOLVED, that the Director of Public Health be authorized to enter into contracts with other agencies/individuals in order to accomplish the goals of this grant without further legislative action. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 353-14 10/28/14 HD Bike/Pedestrian/Wheel Sport Safety 2014 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ENTER INTO A CONTRACT WITH NYS FOR THE BIKE/PEDESTRIAN/WHEEL SPORT SAFETY PROGRAM BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the State has offered the Cayuga County Health Department a grant of $12,574 for the period of October 1, 2014 through September 30, 2015 for the “Bike/ Pedestrian/Wheel sport Safety Program,” and WHEREAS, our goal is to reduce the number of crashes, injuries and deaths on New York’s roads; and WHEREAS, it is our desire to participate in this project; now, therefore, be it Tuesday, October 28, 2014 ---PAGE BREAK--- 276 RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to enter into a contract with New York State and accept funding in the amount of $12,574 for the “Bike/Pedestrian/Wheel sport Safety Program” and accept any COLA funds associated, and be it further RESOLVED, that the Director of Public Health be authorized to enter into a subcon- tract with the Cayuga County Council on Physical Fitness in order to accomplish the goals of this grant; and be it also RESOLVED, that the Cayuga County Treasurer be authorized and directed to amend the Health Department’s 2014 budget in the following manner: Increase Revenue Account #A40270 43427 $12,574 Increase Appropriation Account #A40274 54000 $12, 574 Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 354-14 10/28/14 HS DRW Home Inspections, LLC Contract AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF COMMUNITY SERVICES TO ENTER INTO A CONTRACT WITH DRW HOME INSPECTIONS, LLC FOR INSPECTION OF FOSTER HOMES BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Department of Social Services, by regulation, must ensure that new and existing foster homes are in substantial compliance with all applicable provisions of State and local law, ordinances, rules and regulations concerning health and safety; and WHEREAS, in order for these foster home inspections to be completed on an annual basis, it is necessary to contract with a company who provides this type of service; and WHEREAS, DRW Home Inspections, LLC, is a local company which can provide these services to Cayuga County; and WHEREAS, Cayuga County is desirous of entering into a 1-year contract with DRW Home Inspections, LLC, with the ability to renew the contract for up to four additional 1-year terms, so that new and existing foster homes in Cayuga County can be inspected as required; and WHEREAS, funding for this contract is provided in the 2014 Budget; and WHEREAS, The Department can get State and Federal reimbursement for our ex- penses; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized and directed to enter into a contract with DRW Home Inspections, LLC to secure the home inspection services as necessary for Cayuga County at the following rates: initial and annual foster home inspections $60.00; return visits to con- firm the correction of any problems identified $25.00; well water testing consisting of tests for total coliform and nitrates, additional $55.00; testing of lead in water, if neces- sary, additional $30.00. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. Tuesday, October 28, 2014 ---PAGE BREAK--- 277 RESOLUTION NO. 355-14 10/28/14 AUTHORIZE THE FILLING OF A VACANT STAFF SOCIAL WORKER (CMH) POSITION AT THE COMMUNITY MENTAL HEALTH CENTER AND ABOLISHING A SOCIAL WORK ASSISTANT (MH) POSITION BY: Mr.. Patrick Mahunik,Chair, Health and Human Services Committee, and Mr. Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, there will be a vacant Social Work Assistant (MH), position code 7490, effective October 10, 2014; and WHEREAS, there is a vacant full-time Staff Social Worker (CMH) position, code 2103, in the Community Mental Health Center of Cayuga County; and WHEREAS, this Staff Social Worker (CMH) is a position requiring a Master’s degree and NYS licensure offering direct patient care to individuals with serious and persistent mental illnesses and services that are a higher level of care than the Social Work Assistant; and WHEREAS, the Staff Social Worker position generates revenue exceeding the cost of the position; now; therefore, be it RESOLVED, that the position of Social Work Assistant (MH) , position code 7490, be abolished in the Mental Health Department; and be it further RESOLVED, that the Director of Community be authorized and is hereby directed to fill the position of one Staff Social Worker (CMH), position code 2103, in accordance with the Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 356-14 10/28/14 AUTHORIZE THE FILLING OF ONE VACANT PART-TIME MENTAL HEALTH THERAPY AIDE POSITION IN THE MENTAL HEALTH DEPARTMENT DUE TO A RESIGNATION BY: Mr. Patrick Mahunik, Chair, Health and Human Services Committee, and Mr. Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, there is a vacant part-time Mental Health Therapy Aide position, code 2131, in the Mental Health Department as the result of a resignation; and WHEREAS, the State of New York has established Health Homes in response to recommendations from the NYS Medicaid Redesign Team. A Health Home is a care management model intended to improve care coordination, service integration, control health care costs and improve health outcomes for Medicaid enrollees with high-cost and complex chronic conditions that often result in inpatient care; and WHEREAS, the Cayuga County Community Mental Health Center operates these care management services; and WHEREAS, there is one vacant part-time Mental Health Therapy Aide position in the 2014 Mental Health Department budget. This position (position code 2131) can provide care management services to individuals in need identified by the NYS Office of Mental Health and the Department of Health; and Tuesday, October 28, 2014 ---PAGE BREAK--- 278 WHEREAS, the position is reflected in the 2014 County Budget, line A43131- 51002, and is funded through state aid and revenues generated by the position; now, therefore, be it RESOLVED, that the Director of Community Services be authorized and is hereby directed to fill one part-time Mental Health Therapy Aide position in accordance with the Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO.357-14 10/28/14 MHBudAdjustOct2014 AMENDING THE MENTAL HEALTH 2014 BUDGET FOR HEALTH HOME FEES BY: Mr. Patrick Mahunik,Chairperson, Health and Human Services Committee Mr. Joseph Runkle, Chairperson, Ways and Means Committee. WHEREAS, the Cayuga County Community Mental Health Center budgets funds to pay required Health Home fees which are based on revenue received through Care Management Services; and WHEREAS, revenue generated and consequently fees to be paid in 2014 will exceed the budgeted amount; now, therefore, be it RESOLVED, that the 2014 budget be modified as follows: Increase line A43130-41624 MH ICM Revenue Revenue by $10,000 Increase line A43134-54059 Professional Services Expense by $10,000 and be it further RESOLVED, that the Cayuga County Treasurer be authorized to make the journal entries appropriate and necessary to implement this resolution. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 358-14 10/28/14 MHCounselingContract 10/14 AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES AND THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN A CONTRACT FOR MENTAL HEALTH COUNSELING SERVICES. WHEREAS, the Community Mental Health Center needs additional mental health counseling services to meet the needs of Cayuga County residents; and WHEREAS, Nicole dba Positively You LLC, has expressed a willing- ness to provide services to the County on a contractual basis at a rate of $65 per extended therapy visit defined by Medicaid regulations for a maximum of 21 hours per week; and WHEREAS, sufficient funds are available in budget line A43104-54059, Profes- sional Services; and WHEREAS, contracted services do not incur additional costs for fringe benefits, and time off resulting in lost revenue for the department, or legacy retirement costs; now, therefore, be it Tuesday, October 28, 2014 ---PAGE BREAK--- 279 RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized to enter into an agreement with Positively You LLC for the provision of mental health counseling services. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 359-14 OCT 28, 2014 MHHILLSIDEAGREEMENT2014.OCT AUTHORIZE THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF COMMUNITY SERVICES TO RENEW AN AGREEMENT WITH HILLSIDE CHILDREN’S CENTER, INC. TO PROVIDE CUSTOMIZED SERVICES BY: Patrick Mahunik, Chair, Health and Human Services Committee, and Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, the Community Mental Health Center of Cayuga County serves a number of high-risk individuals with specific individual needs; and WHEREAS, Hillside Children’s Center, Inc. has a specialized program to serve youth, known as Customized Skill Building Services; and WHEREAS, the Community Mental Health Center of Cayuga County has deter- mined the services to be beneficial, and continues to identify individuals in need of said services; and WHEREAS, the New York State Office of Mental Health provides 100% State dollars, identified as Service Enhancement Funds, to meet the unique needs of the inten- sive Case Management clients; now, therefore, be it RESOLVED, that the Chairman of the Cayuga County Legislature and Director of Community Services be authorized to renew an agreement with Hillside Children’s Cen- ter for Customized Skill Building Services at a cost of $55.08 per hour of direct care; and be it further RESOLVED, that the payment for these services will be charged to line A43164 54074, Mental Health Intensive Case Management, Service Enhancement Funds, De- partment Expense in the 2014 Cayuga County Budget. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. Motion by Mahunik, 2nd by Pinckney. Resolution passed by roll call vote, ayes: Vitale, Farrell, Pinckney, Batman, Baxter, Bennett, Mahunik, Lattimore, Didio, Foley, and Chapman, Noes: Whitman Runkle, and Pecher, and excused Reginelli. Vote Count 31/200/52. RESOLUTION NO. 360-14 10/28/14 COA LL PROHIBITDISPOSALFRACKINGWASTE- APPLICATIONFIXREV5 FIXING DAY AND NOTICE OF PUBLIC HEARING ON ADOPTING LOCAL LAW FOR THE YEAR 2014, PROHIBITING THE SALE, APPLICA- TION, AND DISPOSAL OF WASTE ASSOCIATED WITH OIL AND NATURAL GAS EXPLORATION, EXTRACTION AND STORAGE ACTIVITIES. BY: Patrick Mahunik, Chairperson, Health & Human Services Committee Joseph Runkle, Chairperson, Ways & Means Committee Tuesday, October 28, 2014 ---PAGE BREAK--- 280 WHEREAS, there has been duly presented and introduced at a meeting of this County Legislature held on October 28, 2014, a proposed local law entitled: “LOCAL LAW FOR THE YEAR 2014, PROHIBITING SPECIFIC USES OF WASTE ASSOCIATED WITH OIL AND NATURAL GAS, EXTRACTION ACTIVITIES. Now, therefore, be it RESOLVED, that a public hearing shall be held concerning the proposed local law before the Cayuga County Legislature on, November 25, 2014 at 6:30 P.M., at the Chambers of the Cayuga County Legislature, County Office Building, 160 Genesee Street, Auburn, New York, and the Clerk of the Cayuga County Legislature is hereby directed to give due legal notice of said public hearing as provided by statute. Discussion: Pecher says I was told that there was going to be amendments to the law and I haven’t seen any. He says until we see them I don’t feel we should precede. We need to know what is in it before we make a decision on it. Runkle says as I stated in the Way & Means meeting, I do not feel the law in its current form is ready to be brought to a public hearing. He says I feel there is one line in there that is potentially could mean that future drilling for natural gas and oil in Cayuga County would be prohibited. Mahunik says that is the purpose for having a public meeting to get anything that may need to be amended changed. Batman says I think our attorney could speak to the issue whether the existing production of gas in the County would be prohibited. I feel the law was written carefully so that is not the case. He says the fundamental issue is you take laws forward to the public to get input and right now we are not voting on the law, we are voting to set a public hearing. Lattimore says we are all concerned about the environment and this is a very emotional topic. He says we have about 280 wells that are already in the County. I would like to see the law before to make sure it is not going to impact any of our existing businesses. Mahunik says I would like to state for the record that this did pass Health and Human services committee and was tabled at Ways & Means. This did pass through the process so I would like to see it go to the next step and go before the public for input so these concerns can be brought forward and addressed. Lattimore asked Westphal, if the hearing is on that particular law in this form how much can we amend at that point or should we do our homework first before the public hearing. Westphal says the law can be amended at or after the public hearing. He says when the public comes forward and there are concerns it can be amended at that point. Pecher says if the law is not clear and could be misinterpreted, sometime in the future we could be subject to lawsuits and that why we should have a closer to a finish product in front of us before we make any decisions. Motion by Whitman to table, 2nd by Pecher, all in favor. Tuesday, October 28, 2014 ---PAGE BREAK--- 281 RESOLUTION NO. 361-14 10/28/14 IT ENTRÉ RENEWAL 15-16 REV AUTHORIZING THE CHAIRPERSON OF THE LEGISLATURE TO SIGN A ONE YEAR RENEWAL AGREEMENT WITH ENTRE COMPUTER SERVICES, INC. FOR INFORMATION TECHNOLOGY SERVICES BY: Hon. Michael Didio Chairman of the Government Operations Committee Hon. David Axton Chairman of the Ways and Means Committee WHEREAS, Cayuga County’s Information Technologies Department is staffed by Entre pursuant to contracts which commenced March 1, 2011; and WHEREAS, Resolution No. 42-11 authorized the County to entered into a Master Services Agreement with Entre Computer Services, Inc. for three years; and WHEREAS, the agreement is for a period of three years and may be extended for two additional one year terms by providing Entre with ninety (90) days’ notice; and WHEREAS, the Government Operations Committee and the Ways and Means Committee has recommended that the County enter into a one year extension of said contracts on the same terms and conditions as the 2011 contracts except as herein below set forth and recommended that amendments be made to the contract; now therefore be it RESOLVED, that the Entre Master Services Agreement be amended by changing section 10, para c to make adjustments to the future hiring clause to exclude the IT director presently assigned at the County; and be it further RESOLVED, that the Chairman of the Cayuga County Legislature is hereby autho- rized and directed to execute agreements with Entre for the provision of Information Technology services to the County of Cayuga on the same terms and conditions as the 2011 agreements for the period March 1, 2015- February 28, 2016. Signed by Batman, Foley, Lattimore, Vitale, Mahunik, Pinkney and Whitman, all in favor. RESOLUTION NO. 362-14 10/28/14 IT APPOINT INFORMATION OFFICER REV2 CREATING THE POSITION OF CAYUGA COUNTY CHIEF INFORMATION OFFICER, AUTHORIZING THE APPOINTMENT OF THE DIRECTOR OF TECHNOLOGY AND SETTING THE SALARY THEREFOR. BY: Hon. Michael Didio Chairman of the Government Operations Committee Hon. David Axton Chairman of the Ways and Means Committee WHEREAS, the Government Operations Committee and the Ways and Means Committee has recommended that the County create and fill the position of a Cayuga County Chief Information Officer; and WHEREAS, there are sufficient monies in the 2014 IT 2014 budget to cover the salary and fringes of said position; now therefore be it RESOLVED, that position of Cayuga County Chief Information Officer (position control number to be assigned by the Civil Service Department) is hereby created and that said position be created and filled in accordance with the provisions of the Civil Service Law , Rules Regulations and Policies; and be it further RESOLVED, that Steven Tobin is hereby appointed as the Cayuga County Chief Information Officer at an annualized salary of $85,000.00; and be it further Tuesday, October 28, 2014 ---PAGE BREAK--- 282 RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolution. Signed by Batman, Foley, Runkle, Mahunik, Pinckney, Lattimore and Whitman. RESOLUTION NO. 363-14 10/28/14 IT PHONESYSTEMMAINTAGREE AUTHORIZING TO ENTER INTO PHONE SYSTEM MAINTENANCE AGREEMENT WITH FRONTRUNNER NETWORK SYSTEMS CORP (ICS TELECOM). BY: Michael Didio, Chairman of the Government Operations Committee Joseph Runkle, Chairman of the Ways and Means Committee WHEREAS, Cayuga County’s telephone system operates on equipment that owned by the County; and WHEREAS, this equipment is highly technical and requires on-going maintenance in order to ensure that it is functioning properly; and WHEREAS, the most cost effective way to obtain this maintenance is through a maintenance service agreement; and WHEREAS, the County has selected Frontrunner Network Systems Corp. (ICS Telecom) to provide the necessary service required to maintain the phone system,, NOW THEREFORE BE IT; RESOLVED, that the Chairman of the Cayuga County Legislature is hereby autho- rized to enter into a support service agreement for $13,774.04 and a software assurance contract for $6,585.96 with Frontrunner Network Systems Corp. for the period of 11/27 2014 thru 11/26/2015; and be it further RESOLVED, that the Cayuga County Treasurer be authorized and directed to make the necessary journal and accounting entries to accomplish the same. RESOLUTION NO. 364-14 10/28/14 PB_OWASCO_WATERSHED_PLAN_9_EPA_ELEMENTS AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE TO EXECUTE AN AGREEMENT BETWEEN ECOLOGIC LLC AND CAYUGA COUNTY FOR THE INVENTORY AND ASSESSMENT REQUIRED TO INCORPORATE THE EPA’S NINE MINIMUM ELEMENTS INTO THE OWASCO LAKE WATERSHED MANAGEMENT AND WATERFRONT REVITALIZATION PLAN BY: Hon. Paul Pinckney, Chair, Planning and Economic Development Committee Hon. Joseph Runkle, Chair, Ways and Means Committee WHEREAS, the water quality of Owasco Lake is important to Cayuga County and its residents; and WHEREAS, Cayuga County received funding from the New York State Department of State’s Local Waterfront Revitalization Program to develop the Owasco Lake Water- shed Management and Waterfront Revitalization Plan (the “Plan”) and hired Ecologic LLC as our professional consultant for the development of the Plan; and WHEREAS, the Owasco Lake Watershed Management Council (OLWMC), which was incorporated to bring specific focus to strategic plans and actions to improve and protect the water quality of Owasco Lake, has requested that the “Nine EPA Minimum Tuesday, October 28, 2014 ---PAGE BREAK--- 283 Elements” that are included in Section 319 of the Clean Water Act be incorporated into the Plan; a recommendation also supported by the New York State Department of Envi- ronmental Conservation; and WHEREAS, the incorporation of the “Nine EPA Minimum Elements” would be beyond the scope of work initially established for the Plan and the County’s current contract with Ecologic LLC; and WHEREAS, County staff has requested, and Ecologic LLC has submitted, a pro- posal to conduct an inventory and assessment of the Owasco Lake Watershed necessary for the incorporation of the “Nine EPA Minimum Elements” into the Plan for a profes- sional services fee of $10,220; and WHEREAS, the County of Cayuga has received $49,920.00 in Finger Lakes-Lake Ontario Water Protection Alliance (“FLLOWPA”) funding from SFY13-14 with $10,220 of that budgeted within the FY2014 FL-LOWPA Budget item A87414 54000 specifically allocated to conduct the inventory and assessment of the Owasco Lake Watershed neces- sary for the incorporation of the “Nine EPA Minimum Elements” into the Owasco Lake Watershed Management and Waterfront Revitalization Plan; and WHEREAS, the context of the ongoing work conducted by Ecologic LLC in the development of the Plan positions Ecologic LLC as a unique resource for the data collec- tion and analysis needed to incorporate the “Nine EPA Elements” into the Plan, and therefore the professional services proposal procured from Ecologic LLC is considered a sole source procurement agreement for professional services; and WHEREAS, Cayuga County wishes to fund this extended watershed protection work with the use of FLLOWPA grant funds on the behalf of, and as its contribution to, the ongoing work of the Owasco Lake Watershed Management Council of which it is a member; NOW, THEREFORE BE IT RESOLVED, by the Cayuga County Legislature as follows: 1. The Chairman is authorized and directed to sign such documents as may be neces- sary to complete the scope of work procured by Ecologic LLC, so long as costs do not exceed the proposal cost of $10,220; and 2. That the County Treasurer is hereby authorized to make the journal and accounting entries necessary to accomplish the administration of the work; and 3. This resolution shall take effect immediately. Signed by Baxter, Foley, Reginelli, Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 365-14 10/28/14 ET Youth Program AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF THE CAYUGA COUNTY EMPLOYMENT & TRAINING DEPARTMENT TO ENTER INTO AN AGREEMENT WITH THE CAYUGA CORTLAND WORKFORCE INVESTMENT BOARD TO OPERATE A YEAR ROUND YOUTH PROGRAM BY: Paul Pinckney, Chairperson, Planning and Economic Development Committee Joseph Runkle, Chairperson, Ways and Means Committee WHEREAS, The Workforce Investment Act and the Cayuga Cortland Workforce Investment Board have made funds available to operate year round youth programs, AND Tuesday, October 28, 2014 ---PAGE BREAK--- 284 WHEREAS, $68,500 of funding was made available for youth programs and ser- vices in Cayuga County, AND WHEREAS, The Cayuga County Employment & Training Department was se- lected by the Cayuga Cortland Workforce Investment Board to operate and oversee the operation of youth programs in Cayuga County, NOW THEREFORE BE IT RESOLVED, That the Chairman of the Cayuga County Legislature and the Director of the Cayuga County Employment & Training Department, upon review of the County Attorney, be and hereby are authorized to enter into agreement with the Cayuga Cortland Workforce Investment Board to operate a year round youth program, AND BE IT FUR- THER RESOLVED, THE cost of said program will be paid from the Workforce Investment Act, which is 100% federally funded. Signed by Baxter, Foley, Reginelli, Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 366-14 10/28/14 PT SPDES Permit Termination AUTHORIZING THE CHAIRMAN TO EXECUTE NOTICE OF TERMINATION FOR STORM WATER DISCHARGES AUTHORIZED UNDER THE SPEDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITY PERMIT NUMBER NYR10U442 ISSUED FOR CONSTRUCTION DURING THE PAVILION PROJECT By: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, NYS DEC required and authorized a Strom Water Discharges permit under the SPDES General Permit for Construction Activity at the Emerson Park Pavilion, and WHEREAS, construction at the Emerson Pavilion has been completed and all dis- turbed areas have achieved final stabilization in accordance with the now there- fore be it RESOLVED, the Chairman of the Cayuga County Legislature is authorized and directed to execute the Notice of Termination for NYS DEC Storm Water Pollution Prevention Plan for construction at the Emerson Park Pavilion. Signed by Baxter, Foley, Reginelli, Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 367-14 10/28/14 BLD Budget Court Tenant Work 10 14 AMENDING THE 2014 COUNTY BUDGET TO ALLOW THE COURT “TENANT” WORK TO BE COMPLETED IN COUNTY COURTHOUSE AND THE HISTORIC POST OFFICE WITH THE COST TO BE REIMBURSED BY THE STATE OF NEW YORK BY: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, each year the court system requests certain improvements to the court facilities owned by Cayuga County; and WHEREAS, New York State reimburses Cayuga County for these “Tenant Work” improvements; and Tuesday, October 28, 2014 ---PAGE BREAK--- 285 WHEREAS, for 2014-2015 Court Tenant Requests include a total of $45,980 of improvements to the Historic Post Office and the Courthouse that must be completed before 3/31/15; and WHEREAS, the carpeting listed on the 2014-2015 Court Tenant Requests for a total of $17,280 were already incorporated into the budget per Resolution 292-14; and Whereas, the remaining funds required to complete the 2014-2015 Court Tenant Re- quests include a total of $28,700 with $13,700 for the Historic Post Office and $15,000 for the Courthouse; and WHEREAS, in order to allow these improvements to be made the Building Mainte- nance Account #A16234-54012 for the Historic Post Office would need to be increased by $13,700 and the Building Maintenance Account #A16214-54012 for the Courthouse would need to be increased by $15,000 for a total of $28,700; and WHEREAS, to offset this increased cost the Court Reimbursement Revenue Line Account #A16230-43021 will also need to be increased by $28,700; now therefore be it RESOLVED, that the Cayuga County Budget Director and Cayuga County Trea- surer are hereby authorized and directed to increase the Building Maintenance Account A16234-54012 for the Historic Post Office by $13,700 and to increase the Building Maintenance Account #A16214-54012 for the Courthouse by $15,000, for a total of $28,700 and to increase the Court Reimbursement Revenue Line Account #A16230- 43021 by $28,700; and be it further RESOLVED, that if these projects are not completed by the end of 2014 the remain- ing funds will be rolled into the 2015 budget. Signed by Whitman, Batman, Bennett, Pecher, Runkle, Vitale, Didio, Farrell, Mahunik, and Pinckney, all in favor. RESOLUTION NO. 368-14 10/28/14 BLD REPLACE BUILD MAINT SUPERVISOR 10 14 AUTHORIZATION TO HIRE A REPLACEMENT FOR A BUILDING MAINTENANCE SUPERVISOR WITHIN THE BUILDINGS AND GROUNDS DEPARTMENT. THE CURRENT BUILDING MAINTENANCE SUPERVISOR OVERSEEING THE PSB AND NURSING HOME IS SCHEDULED TO RETIRE BEFORE THE END OF THE YEAR. BY: Hon., Tucker M, Whitman, Chairman, Public Works Committee, and Hon. Joseph Runkle, Chairman, Ways & Means Committee. WHEREAS, the Buildings and Grounds Department currently has two Building Maintenance Supervisors one at the PSB/Nursing Home and one downtown for the balance of the county buildings maintained by the department; and WHEREAS, the Building Maintenance Supervisor at the PSB and Nursing Home is going to retire before the end of the year; and WHEREAS, the current Building Maintenance Supervisor has worked for the county for over ten years during which time he has acquired a wealth of knowledge about our buildings; and WHEREAS, this is a very important position that is responsible for insuring the buildings are able to meet the demands of the 24/7 operations that are operated out of each facility; and WHEREAS, the Superintendent of Buildings and Grounds would like to fill the position 6 weeks prior to the retirement of the current employee so the new person can learn as much as possible about the operation; and Tuesday, October 28, 2014 ---PAGE BREAK--- 286 WHEREAS, due to the resignation of the prior Superintendent of Buildings and Grounds there is funding in the Buildings and Grounds Salary Account A16201 to cover the cost of the replacement; now therefore be it RESOLVED, that the Superintendent of Buildings and Grounds be hereby autho- rized to fill the position of Building Maintenance Supervisor in accordance with the Civil Service Rules and Regulations and the policies of the County of Cayuga; and be it further RESOLVED, that the position may be filled up to six weeks prior to the retirement of the current candidate. Signed by Whitman, Batman, Bennett, Pecher, Runkle, Vitale, Runkle, Didio, Farrell, Mahunik, and Pinckney, all in favor. RESOLUTION NO. 369-14 10/28/14 HWY wintertemp2014 AUTHORIZATION TO HIRE SEASONAL LABORERS FOR 2014-2015 SNOW SEASON BY: Tucker Whitman, Chairman, Public Works Committee Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, during the past several winter seasons individuals have been hired to cover the phones and radios during weekends and holidays; and WHEREAS, it is more cost effective to staff the weekends and holidays with tem- porary personnel as compared to paying permanent personnel overtime; and WHEREAS, seasonal laborers required from mid-November to the middle to end of April for weekends and holidays; now therefore be it RESOLVED, that the County Highway Superintendent be authorized to hire sea- sonal Laborer employees for the mid-November to the end of April time frame, and be it further RESOLVED, that these personnel be paid at an hourly rate of $10.00 for 1st&2nd shift and not to exceed $10.50 per hour for 3rd shift, without benefits; from Accounts D51421 51005 & D51441 51005 (Seasonal Salaries); and be it further RESOLVED, that the foregoing be accomplished in accordance with Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Whitman, Batman, Bennett, Pecher, Runkle, Vitale, Runkle, Didio, Farrell, Mahunik, and Pinckney, all in favor. RESOLUTION NO. 370-14 10/28/14 COA Pondmitigation AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO EXECUTE ANY AND ALL DOCUMENTS REQUIRED TO CREATE A DEED RESTRICTION ON THE PROPERTY LOCATED ON COUNTY OUSE ROAD, COUNTY OF CAYUGA, KNOWN AS TAX MAP NO. 102.00-1-15.112, FOR THE WETLAND/WILDLIFE POND AND THE 50-FOOT BUFFER AROUND IT LOCATED ON THE PROPERTY TO GUARANTEE ITS PRESERVATION AS A WILDLIFE AND WETLAND RESOURCE. BY: Tucker Whitman, Chairman, Public Works Committee Joseph Runkle, Chairman Ways and Means Committee WHEREAS, the County wishes to create a deed restriction on and around the pond located on County House Road to preserve the area as a wildlife and wetland resource. Tuesday, October 28, 2014 ---PAGE BREAK--- 287 WHEREAS, it has been determined that there is a need for this deed restriction to comply with Army Corp of Engineers permit, dated October 2, 2006, that required said deed restriction be executed when the access road to the digester was built, and it hereby, RESOLVED, that the Chairman of the Legislature be authorized to execute a deed restriction for the purpose of preserving the pond and the 50 foot buffer around the pond as a permanent wildlife and wetland resource, located on the property of Cayuga County, on County House Road, known as Tax Map. No. 1-2.00-1-15.112 and it is RESOLVED, that the Term of this agreement will be continuous and to run with the land. Signed by Whitman, Batman, Bennett, Pecher, Runkle, Vitale, Runkle, Didio, Farrell, Mahunik, and Pinckney, all in favor. RESOLUTION NO. 371-14 10/28/14 HWY ROOFREPLACEMENT CALLING UPON THE PUBLIC WORKS COMMITTEE TO INVESTIGATE AND RETURN A RECOMMENDATION OF A PLAN FOR THE COUNTY HIGHWAY DEPARTMENT FACILITY NEEDS TO ENSURE A CAPITAL APPROACH WHICH MEETS THE NEEDS OF THE COUNTY IN THE INTERMEDIATE AND LONGER RANGE FUTURE. WHEREAS, the current roof on the Highway Department Building is in need of replacement and WHEREAS, the roof is but one of several building capital needs and WHEREAS, the building in its current form and condition does not meet all of the needs of a modern Highway Department and WHEREAS, there is concern that expending funds to repair or replace a roof on a building that has multiple additional needs and when complete may still not meet the County’s needs RESOLVED, that the Public Works Committee is charged to investigate a permanent solution to the Highway Department’s Building and facility needs, including the possible repair or replacement of the current facility and be it further RESOLVED, that such a recommendation and plan include outreach to the City of Auburn and Towns and Villages of Cayuga County to identify areas in which collabora- tion may be possible and be it further RESOLVED, that all initial discussions and considerations be completed and a rec- ommendation of how to proceed be made to the full Legislature at its April 30, 2015 meeting. Motion by Batman, 2nd by Whitman. Vitale motion to amend to change reporting date to April 30th, 2nd by Whitman, all in favor, except Baxter and Pecher. Amended resolution passed by roll call vote, ayes: Whitman, Vitale, Farrell, Pinckney, Runkle, Batman, Bennett, Mahunik, Lattimore, Didio, Foley and Chapman, noes: Pecher and Baxter, and excused Reginelli. Vote count 703/128/52. Discussion: Pecher says we have talked about this and it’s been an ongoing situ- ation for years. All this resolution does is stall. People that are opposed to doing this roof have had plenty of opportunity to bring this up before. He says we need to replace this roof now. We cannot afford the 10 million dollars or whatever it is Tuesday, October 28, 2014 ---PAGE BREAK--- 288 going to be in the future to put up a new building when we are already struggling with the budget. We cannot afford to put this off any longer. Farrell responds to Pecher stating, I think that because the fact the County is in this financial situa- tion, it calls us to look at resolutions. He says before we spend a half a million dollars I would like to be able to see the big picture. He says I am all for replacing this roof, but let’s not do a band aid approach to something that is going to take a lot more to repair. Baxter says I agree with Pecher, this roof has been leaking for several years and we need a safe place for our employees to work. It’s not a band aid fix, its fixing the roof that needs to be done. Whitman says whether or not we put a roof on now I would like to see this resolution go forward because it is putting a commitment on us to make some sort of decision by April 30th. Vitale says I agree with Whitman this forces us to come up with a plan before that date and to move forward on this. It will also allow us to know what are 2015 budget is so we can plan better. Foley asks Wethey, I keep hearing that this building is an unsafe environment, what are your feelings on that. Wethey responds a leaking building is not a good thing. We have put up canvas over their lockers to keep their stuff from getting wet and we have had to create some makeshift drains inside. He says at what point water will affect the electric I don’t know. Didio says I am not an expert but all one needs to do is take a look at what is inside and what is outside and note that it is dangerous for anyone who works in that area. Duckett says 2 people from our insurance carrier took a tour of the building yesterday and they were quite concerned about some things. He says they are concerned with the makeshift drain that is leaking through the roof and some of the leaks that are in the weld shop where they work with high voltage. Baxter says I think with Wethey and Duckett’s comments, if the building inspection was deemed unsafe due to the leaks I think this is obvious enough that this needs to be done. Pinckney says I am curious if this has been going on for 2 to 3 years, have we moved any employees out of that building or are we still work in that section and is there a way to move things. Wethey responds, in the welding shop there is a mezzanine and some items are put underneath it, once the water comes through the deck there will be a different areas it will be leaking on. He says the welder does move around so he is not working in a puddle. Batman says this discussion is all well and good but it is not directed to the resolution. He says Whitman is in favor of doing the roof now but we need to have a plan. The reason we are in this position is this body tends put off decisions and this resolution puts us in a position where we do have to make a decision. Pecher says what Batman is saying is exactly what we are doing we are putting off the decision on fixing the roof. He says let’s put that resolution back up as is , accept the contract and get on with fixing the roof and if that gets defeated then we should plan what to do in the future. Tuesday, October 28, 2014 ---PAGE BREAK--- 289 RESOLUTION NO. 372-14 10/28/14 HWY AWARD ROOF CONST REV AWARDING CONSTRUCTION OF THE HIGHWAY ROOF REPLACEMENT AND INCREASING CAPITAL H ACCT. 14-05 BY: Tucker Whitman, Chairman, Public Works Committee Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, Resolutions #294-14 awarded the design and #334-14 awarded the construction inspection to Tetra Tech of Ithaca, NY and authorized the bidding for the Cayuga County Highway garage roof replacement; and WHEREAS, Tetra Tech solicited and received bids as follows for the roof replace- ment; and WHEREAS, Titan Roofing had the lowest responsible bid with a cost of $528,970 to replace the Highway roof; and WHEREAS, there is CHIPs funding in the amount of $525,758.18 available to help offset the cost of the roof; and WHEREAS, Resolution No. 294-14, entitled ESTABLISHING CAP H NO. 14-05 (HIGHWAY BUILDING ROOF) FOR THE HIGHWAY ROOF REPLACEMENT AND TRANSFERRING FUNDS FROM THE HIGHWAY BUDGET AWARDING DESIGN OF THE ROOF, AND REPEALLING RESOLUTION NO. 250-14 , created the Capital project for the highway garage roof; now therefore be it RESOLVED, that Titan Roofing be contracted for the construction of the Cayuga County Highway garage roof for a sum not to exceed $528,970; and be it further RESOLVED, that AECC be contracted to provide project monitoring and inspection for the handling of the hazardous material abatement portion of the project for a sum not to exceed $6,000. RESOLVED, to increase Capital H Acct 14-05 in the amount of $534,970 the source of said funds will be CHIPs revenue of $525,758.18 and $9,212 from fund balance; and be it further RESOLVED, that the Chairman of the Cayuga County Legislature sign all contracts, to implement the intent of this resolution; and be it further RESOLVED, that the Cayuga County Treasurer is authorized and directed to make the necessary journal and accounting entries required to implement the intent of this resolution. Resolution passed by roll call vote, ayes: Whitman, Vitale, Runkle, Pecher, Baxter, Bennett, Lattimore Didio and Chapman, noes: Vitale, Farrell, Pinckney, Batman, Mahunik and Foley, and excused Reginelli. Vote count 487/344/52. Discussion: Batman says the new information in terms of the safety issues is troubling. I am wondering what harm will be done if we take this up at the budget meeting on November 6th so we can take a look at the safety reports. Whitman says in responds to what Batman said, the whole reason for us pushing so hard the last few months is so we could possible get aa roof on before winter. He says if we push this another month it is not going to happen until spring and I feel that the price we got was quite reasonable. Baxter says the point that Batman made about wait- ing till November 6th, our insurance carrier toured the building and says we have Tuesday, October 28, 2014 ---PAGE BREAK--- 290 an unsafe building due to the leaks, it doesn’t matter what we think when we review the reports. Batman says that is exactly my question, we have not seen the actual report yet. Farrell asks Sinclair, if we pass this resolution we are looking at about $500,000, so this is going to come out of CHIPS money. Sinclair responds that it can. Farrell asks when you proposed the budget for next year wasn’t there mention that $900,000 was going to be cut out of their budget and was that allo- cated towards road funding. Sinclair responds yes it was $947, 000 was directed toward paving. She says the thing that has not been mentioned here and I know there is a lot of concern here about the CHIPS fund but remember if we spend the $500,000 now it can be reimbursed in time for April or May of next year in time for the start of paving season. Batman asks do we lose the CHIPS money if it is not spent in this fiscal year. Sinclair says no we don’t. Batman asks isn’t CHIPS money an allocation from the state versus an open ended reimbursement. Wethey responds yes. Batman says so the point is this is not an additional $500,000. Sinclair says you can spend it in 2014 and then be reimbursed for it in 2015. Batman says if we spend this $500,000 on this roof we get it back next year but if we spend $500,000 on the road we get that back next year. He says with the amount of reduction we are looking at on road repairs based on these numbers is around 1.4 million dollars. Our roads cannot afford to take that. I know the roof is a problem but our roads are a problem also and taking this money out of CHIPS is a huge mistake. Pecher says I was an advocate for not using CHIPS money but at the present time we need to use that money to get this roof on now. He says the season for highway repairs is basically over for this year so let’s use this money get that roof on. Chapman asks if there a down side if we want to roll this money into bonds that we already have in progress or what would be the grand effect if we reached into the general fund. Sinclair says the grand effect is that if you spend it out of the general fund, you just spend it out of the general fund. I do not recommend bonding though because you will end up paying a lot more for that amount of money. Lattimore says if the roads need additional funding the fund balance is available. He says I feel the roof needs to go on and it will save the tax payers money in the long run. The fund balance is tax payer’s money and I know we don’t like to spend it but this is an emergency situation. Vitale says we don’t have extra money in the fund balance just to spend we need to worry about the money we have to pay the bills. He says if we get this fund balance too low we won’t have money to pay our bills one day. RESOLUTION NO. 373-14 10/28/14 911CHANGE ORDER NEC REV AUTHORIZATION TO AMMEND CONTRACT WITH NEC AND SIGN A CHANGE ORDER TO INSTALL A NEW MICROWAVE LINK FROM THE COUNTY OFFICE BUILDING TO THE OSBORNE SITE BY: Mr. Mark Farrell, Chairperson, Judicial and Public Safety Committee Mr. Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, Cayuga County has implemented a New Emergency Communications System; and Tuesday, October 28, 2014 ---PAGE BREAK--- 291 WHEREAS, through Round 3 of the Statewide Interoperability Emergency Com- munications Grant (SICG) Cayuga County has received funding to implement new con- soles at the backup center and a redundant prime site which will be located at the back up 911 center; and WHEREAS, Cayuga County 911 has been awarded a FY2014 Interoperable Com- munications Grant in the amount of $5,251,690.00, by the New York State Division of Homeland Security and Emergency Services (DHSES), and; WHEREAS, Resolution No. 94-14 established Capital Project No. 2014-03 ((INTEROPERABLE COMMUNICATIONS PROJECT); and WHEREAS, microwave connectivity is required for their functionality; and WHEREAS, NEC has submitted a change order for these projects in the amount of $285,763; and WHEREAS, these project will be 100% reimbursed through the SICG and is part of Capital Project No. 2014-03 (INTEROPERABLE COMMUNICATIONS PROJECT); now therefore be it RESOLVED, that the Chairman of the Cayuga County Legislature be authorized to sign a contract with NEC in the amount of $285,763 for these new projects; and be it further RESOLVED, that the Cayuga County Treasurer make all the necessary journal and accounting entries to accomplish the foregoing. Signed by Farrell, Bennett, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik, Pecher and Pinckney, all in favor. RESOLUTION NO. 374-14 10/28/14 911 CHANGE ORDER MOTO REV AUTHORIZATION TO AMEND CONTRACT WITH MOTOROLA AND SIGN A CHANGE ORDER TO INSTALL NEW CONSOLES AT THE BACK UP CENTER, INSTALL A REDUNDANT PRIME SITE LOCATED AT THE BACK UP CENTER, AND IMPLEMENT NON PROPRIETARY AND TO AMEND RESOLUTION NO.. 256-14 BY: Mr. Mark Farrell, Chairperson, Judicial and Public Safety Committee Mr. Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, Cayuga County has implemented a New Emergency Communications System; and WHEREAS, through Round 3 of the Statewide Interoperability Emergency Com- munications (SIEC) grant Cayuga County has received funding to implement new con- soles at the backup center, a new prime site which will be located at the back up 911 center, and non proprietary for our first responders; and WHEREAS, Cayuga County 911 has been awarded a FY2014 Interoperable Com- munications Grant in the amount of $5,251,690.00, by the New York State Division of Homeland Security and Emergency Services (DHSES), and; WHEREAS, Resolution No. 94-14 established Capital Project No. 2014-03 ((INTEROPERABLE COMMUNICATIONS PROJECT); and WHEREAS, Motorola has submitted a change order for these projects in the amount of $2,714,127.00; and Tuesday, October 28, 2014 ---PAGE BREAK--- 292 WHEREAS, these project will be 100% reimbursed through the SIEC grant and is part of Capital Project No. 2014-03 (INTEROPERABLE COMMUNICATIONS PROJECT); and WHEREAS, Resolution No. 256-14, AUTHORIZATION TO AMEND CON- TRACT WITH MOTOROLA AND SIGN A CHANGE ORDER TO INSTALL NEW CONSOLES AT THE BACK UP CENTER, INSTALL A REDUNDANT PRIME SITE LOCATED AT THE BACK UP CENTER, AND IMPLEMENT NON PROPRIETARY incorrectly made this project part of Capital Project No. 10-03 (EMERGENCY COMMUNICATIONS PROJECT); now therefore be it; RESOLVED, that the Chairman of the Cayuga County Legislature be authorized to sign a contract with Motorola in the amount of $2,714,127.00 for these new projects; and be it further RESOLVED, that Resolution No. 256-14 is hereby repealed by this resolution; and be it further RESOLVED, that the Cayuga County Treasurer make all the necessary journal and accounting entries to accomplish the foregoing. Signed by Farrell, Bennett, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik, Pecher and Pinckney, all in favor. RESOLUTION NO. 375-14 10/28/14 911 INTRADO TELEPHONE SYSTEM REV6 AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN A CONTRACT WITH INTRADO TO IMPLEMENT A NEW NEXT GEN 911 TELEPHONE SYSTEM IN THE CAYUGA COUNTY E-911 CENTER AND CREATING CAPITAL ACCOUNT NO. 14-03 EMERGENCY COMMUNICATION PROJECT AND REPEALING RESOLUTION NO 261-14. BY: Mark Farrell, Chairperson, Judicial & Public Safety Committee Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, Cayuga County is in the process of upgrading its emergency telephone system in the primary and back up 911 centers; and WHEREAS, through Round 3 of the Statewide Interoperability Emergency Com- munications Grant (SICG) Cayuga County has received funding to implement security cameras at each of the tower sites; and WHEREAS, Cayuga County 911 has been awarded a FY2014 Interoperable Com- munications Grant in the amount of $5,251,690.00, by the New York State Division of Homeland Security and Emergency Services (DHSES), and; WHEREAS, Resolution No. 94-14 established Capital Project No. 2014-03 ((INTEROPERABLE COMMUNICATIONS PROJECT); and WHEREAS, Cayuga County sent out requests for proposals and the responses have been received and reviewed; and WHEREAS, Intrado responded with the most acceptable offer which was also compliant with all bid specifications (see attached); WHEREAS, the project will be 100% funded through the Statewide Interoperable Communications Grant (SICG) which will be streamlined through Capital 14-03 (Interoperable Communications Project) for this purpose; and Tuesday, October 28, 2014 ---PAGE BREAK--- 293 WHEREAS, Resolution No. 261-14, AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN A CONTRACT WITH INTRADO TO IMPLEMENT A NEW NEXT GEN 911 TELEPHONE SYSTEM IN THE CA- YUGA COUNTY E-911 CENTER AND CREATING CAPITAL ACCOUNT NO. 14-04 (EMERGENCY COMMUNICATION PROJECT-TELEPHONE SYSTEM), in- correctly stated that the telephone system was to be part of Capital Project No. 2014-04; now therefore be it RESOLVED, that the Chairman of the Cayuga County Legislature be authorized to sign a contract with Intrado at a cost not to exceed $668,674.00, as authorized in the SICG award; and be it further RESOLVED, that the Chairman of the Cayuga County Legislature is authorized to sign all contracts, to implement the intent of this resolution; and be it further RESOLVED, that Resolution No. 261-14 is repealed; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make all the necessary journal and accounting entries required to accomplish the foregoing. Signed by Farrell, Bennett, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik, Pecher and Pinckney, all in favor. RESOLUTION NO. 376-14 10/28/14 EMO SPEC OPS DIVISION AUTHORIZING THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF EMERGENCY SERVICES TO ESTABLISH A SPECIAL OPERATIONS DIVISION AND APPLICABLE TEAMS WITHIN SPECIAL OPERATIONS, TO BE MANAGED UNDER THE OVERHEAD OF THE CAYUGA COUNTY OFFICE OF EMERGENCY SERVICES, TO STREAMLINE AND CONSOLIDATE THE EXISTING TEAMS, SHARE TEAM RESOURCES AND PROVIDE EFFECTIVE OVERHEAD LEADERSHIP, POLICIES, PROCEDURES AND GUIDANCE FOR SPECIAL OPERATIONS WHICH WILL ENHANCE THE ALL HAZARDS REPAREDNESS AND RESPONSE CAPABILITIES OF CAYUGA COUNTY EMERGENCY SERVICES. BY: Mr. Mark D. Farrell, Chairman, Judicial & Public Safety Committee WHEREAS, Cayuga County is authorized under New York State General Munici- pal Law §209-BB to establish, maintain and supervise municipal wide and inter-munici- pal specialized teams to enhance all hazards preparedness and response capabilities of Cayuga County there by strengthening the County’s ability to plan for, train for, respond to, and recover from all hazards emergencies and disasters; and WHEREAS, municipalities and organizations that insure volunteer firefighters, vol- unteer ambulance workers or municipal employees, as the term “employee” is defined under section eighteen of the public officers law, may extend such insurance coverage to members of a specialized County Team; and WHEREAS, for the purposes of this resolution “Special Operations Division / Team” shall mean any emergency team composed of volunteer firefighters, volunteer ambulance workers or municipal employees, who shall have attained the minimum level Tuesday, October 28, 2014 ---PAGE BREAK--- 294 of training established by Cayuga County and Cayuga County Emergency Services, New York State agencies, or the Federal Emergency Management Agency, and which is admin- istered by the Cayuga County Office of Emergency Services for the purpose of training for and / or responding to man-made or natural disasters by carrying out any activities which are within the relevant training and expertise of such municipal employees or are authorized pursuant to the volunteer firefighters’ benefit law or the volunteer ambulance workers’ benefit law but which are not normally provided by such entities; and WHEREAS, the Cayuga County Legislature has authorized “specialized teams” in the past, that will now be consolidated into this Special Operations Division; now therefore be it RESOLVED, that the Cayuga County Legislature authorizes the creation of the Special Operations Division and applicable team’s, established under the direction and control of the Director of Emergency Services; and be it further RESOLVED, that the Director of Emergency Services be authorized to establish appropriate Annex’s to the Comprehensive Emergency Management Plan and recruiting programs, training programs and response guidelines for the Special Operations Division; and be it further RESOLVED, that the Director of Emergency Services be authorized to affect the necessary consolidation of previously established “specialized teams” into the “Special Operations Division” without further Legislative action, resulting in a manageable pro- gram to ensure Cayuga County maintains an effective preparedness, training, mitigation, response and recovery program for natural and man-made disasters in and around Cayuga County; and be it further RESOLVED, that the Director of Emergency Services be authorized to accept mu- nicipal employees’ and volunteer fire and ambulance members in to the Special Opera- tions Division and applicable teams, upon acceptable authorization from a Chief or Director of an agency and by the Chief or Director of their agency providing proof of coverage and accepting that all applicable liability and workers compensation coverage shall be provided by the local agency, not the County, when functioning as a member of the Cayuga County Special Operations Division. Signed by Farrell, Bennett, Didio, Pinckney, Reginelli, Vitale and Whitman, all in favor. RESOLUTION NO. 377-14 10/28/14 911ftESDfillrev AUTHORIZATION TO FILL A VACANT EMERGENCY SERVICES DISPATCHER POSITION DUE TO A RETIREMENT. BY: Mr. Mark Farrell, Chairperson, Judicial and Public Safety Committee Mr. Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, the Cayuga County 911 Center currently has one vacant Full-Time Emergency Services Dispatcher position due to a retirement; and WHEREAS, it is necessary to fill the Emergency Services Dispatcher positions for continuity of services; and WHEREAS, there is money in the 911 budget account A30201 51001 to fund positions; now therefore be it Tuesday, October 28, 2014 ---PAGE BREAK--- 295 RESOLVED, that position (#01884) be filled, and that the 911 Administrator be hereby authorized to fill the vacant Emergency Services Dispatcher position from the existing Civil Service list; and be it further RESOLVED, that the position be filled in accordance to the Cayuga County Civil Service Rules and Regulations and the Policies of the County of Cayuga. Motion by Farrell, 2nd by Didio, all in favor, except Bennett. RESOLUTION NO. 378-14 10/28/14 911 cedar path rev AUTHORIZATION TO SIGN A CONTRACT WITH CEDAR PATH TO INSTALL SECURITY CAMERAS AT ALL CAYUGA COUNTY TOWER SITES AS PART OF THE NEW EMERGENCY COMMUNICATIONS SYSTEM. BY: Mr. Mark Farrell, Chairperson, Judicial and Public Safety Committee Mr. Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, Cayuga County has implemented a New Emergency Communications System; and WHEREAS, through Round 3 of the Statewide Interoperability Emergency Com- munications Grant (SICG) Cayuga County has received funding to implement security cameras at each of the tower sites; and WHEREAS, Cayuga County 911 has been awarded a FY2014 Interoperable Com- munications Grant in the amount of $5,251,690.00, by the New York State Division of Homeland Security and Emergency Services (DHSES), and; WHEREAS, Resolution No. 94-14 established Capital Project No. 2014-03 ((INTEROPERABLE COMMUNICATIONS PROJECT); and WHEREAS, Cedar Path is on NYS OGS contract has submitted a proposal in the amount of $159,590 for this purpose; and WHEREAS, this project will be 100% reim- bursed through the SICG and is part of Capital Project No. 2014-03 (INTEROPERABLE COMMUNICATIONS PROJECT); now therefore be it RESOLVED, that the Chairman of the Cayuga County Legislature be authorized to sign a contract with Cedar Path in the amount of $159,590 for his project; and be it further RESOLVED, that the Cayuga County Treasurer make all the necessary journal and accounting entries to accomplish the foregoing. Signed by Farrell, Didio, Whitman, Runkle, Pinckney and Mahunik, all in favor, except Whitman. Discussion: Whitman says this is grant money so of course it is free but my concern is long term. He says we will put these cameras up now and in 5 years the cameras will be outdate and we will have to replace them because they exist and no one will remember it was grant money. It will just become a permeant fixture expense for the county long term. Batman says I think Whitman is right. We accept all this grant money without thinking toward the future and what it may cost in the long run. Farrell says we are using grant money to install all these but Tuesday, October 28, 2014 ---PAGE BREAK--- 296 if we go back to the communications and announcements are Emergency Manage- ment office just received some homeland grants for $89,000 and $168,000 and they get these grants annually. He says we can stretch this funding into this area because this falls under homeland security. Although we are utilizing grant money here for the initial set up there would be grant funding in other area we would be able to use to maintain these cameras. Farrell says another thing to remember is that these towers do have alarms and when the alarms go off the Sheriff depart- ment or emergency responders have to go to these towers to see what is going on. So by adding these cameras it would allow us to check the camera to see if it was an emergency so they don’t have to run out there. Springler says one of the other things to remember is some of these grants are redeveloping how they work and are now looking more at sustainment. She says this will be one ways to take the cost away from the County. Chapman says I think the grant area can be like rolling the dice sometimes, but I certainly hope we don’t hesitate on applying and using some of these grants. I think we will get reaction from Albany and perhaps Washington in that if you don’t need money we would be happy to put it some- where else. He says I would like to see everybody apply for these grants and if at all possible we utilize them. RESOLUTION NO. 379-14 10/28/14 SHR-EXTENDTRINITYAGMNT AUTHORIZE THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE SHERIFF OF CAYUGA COUNTY TO EXTEND THE AGREEMENT WITH TRINITY SERVICES I, LLC TO PROVIDE FOOD SERVICES FOR THE INMATES HOUSED AT THE CAYUGA COUNTY JAIL. BY: MR. MARK FARRELL, Chairman, Judicial & Public Safety Committee MR. JOSEPH RUNKLE, Chairman, Ways & Means Committee WHEREAS, Cayuga County entered into an Agreement with Trinity Services I, LLC, pursuant to Resolution No. 329-12 to provide food services for the inmates housed at the Cayuga County Jail until December 31 , 2014; and WHEREAS, the Cayuga County Sheriff’s Office is satisfied with the services pro- vided from Trinity Services r, LLC, and together with Trinity Services I, LLC, is desir- ous to extend said Agreement until December 31, 2016; and WHEREAS, sufficient funds have been appropriated in the Sheriff’s Custody Division Budget Line A31504 54028 designated “Contract Food Services” to pay for these services; now therefore be it RESOLVED, that the Chairman of the Legislature and the Sheriff are hereby autho- rized to execute the necessary documents to effect an extension of this is Agreement for the period of January I , 2015 through December 31, 2016; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make payment pursuant to the terms of the Agreement and to make the journal and accounting entries necessary to accomplish the same. Signed BY Farrell Bennett, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik, Pecher and Pinckney, all in favor. Tuesday, October 28, 2014 ---PAGE BREAK--- 297 RESOLUTION NO. 380-14 10/28/14 SHR AUTHORIZING THE CAYUGA COUNTY SHERIFF TO FILL ONE VACANT REGISTERED PROFESSIONAL NURSE POSITION IN THE CUSTODY DIVISION OF THE CAYUGA COUNTY SHERIFF’S OFFICE BY: Mr. Mark Farrell, Chair, Judicial & Public Safety Committee Mr. Joseph Runkle, Chair, Ways & Means Committee WHEREAS, inmates that become ill while under the care and custody of the Sheriff of Cayuga County are treated onsite by one of two Registered Professional Nurses staffed by the Cayuga County Sheriff’s Office; and WHEREAS, a vacancy in the Cayuga County Sheriff’s Office, Custody Division, has occurred due to the resignation of one of the Registered Professional Nurses (Position Control No. 005493-SYS) effective October 11, 2014; and WHEREAS, this position is mandated by the NYS Department of Correction and is designated and accepted in the 2014 Cayuga County Sheriff’s Custody Salaries Operat- ing Budget A31501 51001; now therefore be it RESOLVED, that the Sheriff be hereby authorized and directed to fill a Registered Professional Nurse (Position Control No. 005493-SYS); and be it further RESOLVED, the employee hired will be placed at the appropriate step within the Sheriff’s Employee Association of Cayuga County (SEACC) Compensation Plan for 2007-2011; and be it further RESOLVED, that this position be filled in accordance with the Civil Service Rules and Regulations and the Policies of the County of Cayuga. Signed by Farrell, Bennett, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik, Pecher, and Pinckney, all in favor. RESOLUTION NO. 381-14 10/28/14 SHR LEAVEBANK AUTHORIZING THE CREATION OF A TEMPORARY LEAVE BANK FOR A CAYUGA COUNTY SHERIFF’S EMPLOYEE BY: MR. MARK FARRELL, Chairman, Judicial & Public Safety Committee MR. JOSEPH RUNKLE, Chairman, Ways & Means Committee WHEREAS, an employee of the Cayuga County Sheriff’s Office underwent vital surgery that will necessitate extended leave for treatment and recovery; and WHEREAS, this employee has worked for Cayuga County since January 23, 1995 and due to this surgery will have exhausted all leave time accruals as of October 8, 2014; and WHEREAS, discussion has occurred over this issue with representatives of the County and SEACC and both parties have agreed to allow for the creation of a temporary leave bank at the request of fellow employees to address the immediate loss of income for the employee; therefore be it RESOLVED, that the Cayuga County Legislature hereby approves this temporary leave bank (subject also has approval of the SEACC officials); and be it further Tuesday, October 28, 2014 ---PAGE BREAK--- 298 RESOLVED, that the Cayuga County Legislature authorizes and directs all those steps that may be required to undertake this temporary leave bank in accordance with the following conditions: All other leave shall have been exhausted by the employee. All County employees may be permitted to donate personal, vacation or compensation time in no less than half-day increments, at any amount up to a grand total of ninety-five work days All leave donations shall be in writing on a standardized leave bank form, Leave time shall be used by the employee in accordance with the SEACC contract, using one full day from each donation before additional days are utilized from donors making multiple day donations. Signed by Farrell, Bennett, Didio, Reginelli, Vitale, Whitman, Runkle, Mahunik, Pecher, and Pinckney, all in favor. RESOLUTION NO. 382-14 10/28/14 SHR AUTHORIZE THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE SHERIFF OF CAYUGA COUNTY TO ENTER AN AGREEMENT WITH GLOBAL TEL*LINK CORPORATION FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF THE INMATE TELEPHONE SYSTEM AT THE CAYUGA COUNTY JAIL BY: MR. MARK FARRELL, Chairman, Judicial & Public Safety Committee MR. JOSEPH RUNKLE, Chairman, Ways & Means Committee WHEREAS, Cayuga County formerly entered an Agreement with Global Tel*Link Corporation to install, manage, operate and maintain inmate telephones, enclosures and related equipment; and WHEREAS, the Cayuga County Sheriff’s Office is satisfied with the services pro- vided from Global Tel*Link Corporation and together with Global Tel*Link Corporation desires to extend said Agreement which is due to expire October 27, 2014; and WHEREAS, Global Tel*Link Corporation shall provide all management services necessary to implement the terms of the Agreement and shall be responsible for furnish- ing, installing, repairing and servicing the equipment at no cost to the County; now therefore be it RESOLVED, that the Chairman of the Legislature and the Cayuga County Sheriff are hereby authorized to execute the necessary documents to effect this Agreement which shall commence October 28, 2014 with one-year automatic renewals for a period of five years; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make payment pursuant to the terms of the Agreement and to make the journal and accounting entries necessary to accomplish the same. Signed by Farrell, Bennett, Didio, Whitman, Runkle, Mahunik, Pecher, and Pinckney, all in favor. Tuesday, October 28, 2014 ---PAGE BREAK--- 299 RESOLUTION NO. 383-14 10/28/14 PRO FILL PROBATION DIRECTOR II REV AUTHORIZATION TO FILL THE VACANCY FOR PROBATION DIRECTOR II AT THE CAYUGA COUNTY PROBATION DEPTMENT AND TO APPOINT A PROBATION DIRECTOR II AT THE CAYUGA COUNTY PROBATION DEPTMENT . BY: Hon. Mark Farrell, Chairman, Judicial & Public Safety Committee Hon. Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, a vacancy for this position has existed since the retirement of the Probation Director II on August 31, 2012; and WHEREAS, interviews were conducted to fill the position on a provisional basis; and WHEREAS, monies exist in the A31401-51001 line of the Probation Department Budget to fund the position; now, therefore, be it RESOLVED, that authority from the Legislature to fill the Probation Director II position on a provisional basis be granted and the Legislature hereby appoints Jay De Wispelaere as Cayuga County Probation Director II on a provisional basis; and be it further RESOLVED, that the position be filled in accordance with the Civil Service Rules & Regulations and the Policies of the County of Cayuga. Signed by Farrell, Bennett, Vitale, Whitman, Runkle, Mahunik, Pecher, all in favor. DEFEATED DEFEATED DEFEATED DEFEATED RESOLUTION NO. 384-14 11/28/14 DA CARP Grant 2014 rev2 AUTHORIZING THE DISTRICT ATTORNEY TO ACCEPT A $100,000 CRIMES AGAINST REVENUE PROGRAM GRANT FROM THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, ADMINISTERED THROUGH THE DIVISION OF CRIMINAL JUSTICE SERVICES, AS WELL AS TO ACCEPT A LEGISLATIVE MEMBER ITEM GRANT OF $35,000. BY: Hon. Mark D. Farrell, Chairman Judicial & Public Safety and Hon. Joseph L. Runkle, Chairman Ways & Means WHEREAS, the Cayuga County District Attorney’s Office has been awarded a renewable Grant with the first annual award amount of $100,000 (10/1/14-9/30/15); and WHEREAS, the Cayuga County District Attorney’s Office has been awarded a $35,000 Member Item through Senator Nozzolio to combat the Heroin Epidemic in Cayuga County; and WHEREAS, the grant program and the Member Item require the District Attorney to prosecute additional criminal cases involving crimes against revenue and heroin traf- ficking cases; and WHEREAS, the grant program and the Member Item require the District Attorney to comply with legal reporting requirements to carry out the terms of the grant program; now, therefor be it Tuesday, October 28, 2014 ---PAGE BREAK--- 300 RESOLVED, that the Cayuga County Legislature authorize the District Attorney to accept the said $100,000 CARP Grant, and it is further RESOLVED, that the Cayuga County Legislature authorize the District Attorney to accept the said $35,000 Member Item, and it is further RESOLVED, that the Cayuga County Treasurer be authorized and directed to make the necessary journal and accounting entries to accomplish the foregoing, and it is further RESOLVED, the Cayuga County Legislature hereby expresses its profound thanks to Senator Nozzolio for securing the funds and for presenting to the Cayuga County District Attorney’s Office to assist the our local community in combatting the heroin epidemic which exists in Cayuga County. Discussion: Farrell says we really have to have more conversation about this as it goes along. Farrell asks Westphal, what are we doing when we are accepting. I would like to have a clarification that when we are telling the state we are accept- ing this grant, are we saying that we are accepting the terms and will be carrying them out or where are we in that legality. Westphal responds when you tell the state you are accepting the grant you are agreeing to the terms including on how to report and the plan. Farrell says so if I read this it is saying we will be creating new positions that we said we were going to create. Westphal says he would like to add if these positions aren’t create cause that portion of the other resolution was taken out, then the District Attorney’s office could not draw those funds. He says my understanding of this is there are two different components to this, a $35,000 member item from Senator Nozzolio to be used for heroin addiction and the other piece is the CARP grant which creates new positions. Farrell says from speaking with DSS there is no draw down on this grant. It is us showing the state we have done so much work, brought in so much revenue dollars and because we done have that the will give us funds back up to $100,000. He says there is no $100,000 check out there for us when we accept this. Budelmann says it is the other way around. Then grant is in advance. They will give us the $100,000 and if we are able over the course of the grant period to bring in more than that in fines and restitution, then they would renew or possible enlarge the grant. Farrell asks Sinclair is that your interpretation of this grant. Sinclair responds typically a grant is reimbursable but member item grants are a little bit different where they are more subject to more flexibility. Farrell says this is why I would like to see a timeline because if we say yes now we are accepting the terms and creating the positions and if in fact we do not bring in enough revenue we can’t turn around to those people we gave jobs to and say we didn’t get the money from the state so we can’t pay you. Farrell says I would just like to have more clarification on this. He says I am fine with accepting the money if there is a back door where we can turn around and say we have reconsidered and we won’t be creating these positions because we don’t feel it is financially the way for us to go. Budelmann says this new proposal that is in front of this body would be agreeing to accept this grant and if we don’t create and fill these positions, then we can’t spend the money. Tuesday, October 28, 2014 ---PAGE BREAK--- 301 RESOLUTION NO. 385-14 10/28/14 LEG support coll taxes Ind rev4 CAYUGA COUNTY LEGISLATURE CALLS UPON FEDERAL REPRESENTATIVES TO PROPOSE AND SUPPORT LEGISLATION TO PERMIT COLLECTION OF LAWFULLY DUE TAXES ON INDIAN TRIBAL PROPERTIES WHEREAS, the United State Supreme Court affirmed in its decision in City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 that real property taxes imposed on property owned by Indian tribes but over which the tribe may not exercise sovereign control are justly and lawfully due and owing; and WHEREAS, this ruling has been held to be applicable in New York to both the Oneida Indian Tribe in the City of Sherrill decision and to the Cayuga tribe in Cayuga Indian Nation v. Village of Union Springs, 390 F.Supp2d 203; and WHEREAS, despite these rulings, the Second Circuit Court of Appeals has deter- mined that although these taxes are justly and lawfully due by the tribe, municipalities are prohibited from collecting such taxes by tribal sovereign immunity; and WHEREAS, these rulings have been held to be applicable to properties in Madison County owned by the Oneida Indian tribe in Oneida Indian Nation v. Madison County, 605 F3d 149 and to properties owned by the Cayuga Indian tribe in Cayuga County in Cayuga Indian Nation v. Seneca County, (decided July 31, 2014, Docket No. 12-3723); and WHEREAS, the injustice and incongruity of these decisions prompted Hon. José Cabrenas to comment in his concurring opinion in Oneida v. Madison Co.: “The holding in this case comes down to this: an Indian tribe can purchase land (including land that was never part of a reservation); refuse to pay lawfully-owed taxes; and suffer no conse- quences because the taxing authority cannot sue to collect the taxes owed. This rule of decision defies common sense. But absent action by our highest Court, or by Congress, it is the law.” (Id, at 163) (emphasis added); and WHEREAS, the decisions in City of Sherrill and the Madison County , Cayuga County, and Seneca County cases result in a right on the part of New York State munici- palities to impose real property taxes on no sovereign Indian tribal holdings while deny- ing any remedy upon the refusal of those tribes to pay the lawfully due tax; and WHEREAS, as stated by eminent jurist Hon. John Marshall, Chief Justice of the United State Supreme Court, “The Government of the United State has been emphati- cally termed a government of laws and not of men. It will certainly cease to deserve this high appellation if the laws furnish no remedy for the violation of a vested legal right” Marbury v. Madison, 5 U.S. 137 at 163;now therefore be it RESOLVED, the people of Cayuga County, through their duly elected representa- tives on the Cayuga County Legislature, call upon Senators Kirsten Gillibrand and Charles Schumer and Rep. Daniel B. Maffei to introduce and/or support Federal legislation designed to permit collection of lawfully due municipal taxes on Indian owned real property; and be it further Tuesday, October 28, 2014 ---PAGE BREAK--- 302 RESOLVED, that the Clerk of the Board is directed to forward a certified copy of this Resolution to the Legislature and Boards of Supervisors of each of New York State’s Counties, the New York State Association of Counties, Senator John DeFrancisco, Senator Michael Nozzolio, Senator James L. Seward, Gary Finch, and Robert Oaks. Signed by Runkle, Whitman, Farrell, Pinckney, Batman, Pecher, Baxter, Bennett, Mahunik, Lattimore Didio and Foley, all in favor. RESOLUTION NO. 386-14 10/28/14 LEG SUPPORTING WAYNECOUNTY REV3 SUPPORTING WAYNE COUNTY IN ITS EFFORTS TO DEFEND ITS ARTICLE 11 IN REM TAX FORECLOSURE BANKRUPTCY COURT AND AGREEING TO CONTRIBUTE THE SUM OF $2,000.00 TO WAYNE COUNTY FOR THE PURPOSE OF CONTINUING THE LITIGATION. (2/3) WHEREAS, Wayne County is currently involved in litigation that has the potential to seriously disrupt the In Rem Tax foreclosure procedure in that a challenge to Wayne County’s Article 11 of the Real Property Tax procedures is being heard in the Western District of New York Bankruptcy Court; and WHEREAS, the debtor, former real property owner, subsequent to all the above actions and within the 24 month window of title transfer, filed an Adversary Proceeding in Federal Bankruptcy Court claiming the transfer commenced through the in rem pro- ceeding is void and should be construed as a fraudulent transfer under Section 548 of the US Bankruptcy Code, essentially, arguing that under Section 548 of the US Bankruptcy Code a county’s transfer of real property through an Article 11 in rem tax foreclosure is voidable if it was conducted within two years of the filing of a bankruptcy petition and if that transfer receives “less than reasonably equivalent value”; and WHEREAS, the in rem tax foreclosure process is the only method counties have under New York State Law to ensure local property taxes are paid not just to counties but to all local governments; and WHEREAS, an adverse ruling against Wayne County threatens the in rem process, threatens to drive down auction bids and, threatens to disrupt a county’s ability to collect taxes for services provided by all local governments; and WHEREAS, Cayuga County supports Wayne County in its efforts to defend its actions and to prevent the disruption of the state Article 11, in rem tax foreclosure action; now therefore be it RESOLVED, that Cayuga County supports Wayne County in its efforts to defend its decision and to prevent the disruption of the state Article 11, in rem tax foreclosure action; and be it further RESOLVED, that the County of Cayuga pledges to support the defense undertaken by Wayne County in this matter by paying to them the sum of $2,000.00; and be it further Resolved, that the sum of $2,000.00 be transferred from Contingency Account No. A10164-54000 to Account No. A10104-54074, Department Expense; and be it further Tuesday, October 28, 2014 ---PAGE BREAK--- 303 RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolution. Signed by Runkle, Whitman, Farrell, Pinckney, Batman, Pecher, Baxter, Bennett, Mahunik, Lattimore Didio and Foley, all in favor. Motion by Pinckney to adjourn 11:55AM, 2nd by Didio, all in favor. Tuesday, October 28, 2014 ---PAGE BREAK--- 304 MINUTES SPECIAL LEGISLATURE MEETING THURSDAY, NOVEMBER 6, 2014, 6:00PM 160 GENESEE ST, 6th FLOOR, CHAMBERS, AUBURN, NY 13021 CALL TO ORDER: Hon. Michael Chapman, Chairman at 6:02PM ROLL CALL: Sheila Smith, Clerk of the Legislature, all Legislators present except Pinckney and Runkle. PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: PROCLAMATION: Samantha House Day in Cayuga Motion by Didio to go into executive session at 6:05 PM, 2nd by Bennett, all in favor. EXECUTIVE SESSION: collective negotiations pursuant to article fourteen of the civil service law. Motion by Didio to come out of executive session at 6:26 PM, 2nd by Bennett, all in favor. Motion to bring to the floor, Whitman, 2nd by Didio. RESOLUTION NO. 387-14 11-6-14 DA CARP Grant 2014 11-6-14 AUTHORIZING THE DISTRICT ATTORNEY TO ACCEPT A $100,000 CRIMES AGAINST REVENUE PROGRAM GRANT FROM THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, ADMINISTERED THROUGH THE DIVISION OF CRIMINAL JUSTICE SERVICES, AS WELL AS TO ACCEPT A LEGISLATIVE MEMBER ITEM GRANT OF $35,000. By: Hon. Mark D. Farrell, Chairman Judicial & Public Safety and Hon. Joseph L. Runkle, Chairman Ways & Means WHEREAS, the Cayuga County District Attorney’s Office has been awarded a renewable Grant with the first annual award amount of $100,000 (10/1/14-9/30/15); and WHEREAS, the Cayuga County District Attorney’s Office has been awarded a $35,000 Member Item through Senator Nozzolio to combat the Heroin Epidemic in Cayuga County; and WHEREAS, the grant program and the Member Item require the District Attorney to prosecute additional criminal cases involving crimes against revenue and heroin traf- ficking cases; and Thursday, November 6, 2014 ---PAGE BREAK--- 305 WHEREAS, the grant program and the Member Item require the District Attorney to comply with legal reporting requirements to carry out the terms of the grant program; now, therefor be it RESOLVED, that the Cayuga County Legislature authorize the District Attorney to accept the said $100,000 CARP Grant, and it is further RESOLVED, that the Cayuga County Legislature authorize the District Attorney to accept the said $35,000 Member Item, and it is further RESOLVED, that the Cayuga County Treasurer be authorized and directed to make the necessary journal and accounting entries to accomplish the foregoing, and it is further RESOLVED, the Cayuga County Legislature hereby expresses its profound thanks to Senator Nozzolio for securing the funds and for presenting to the Cayuga County District Attorney’s Office to assist the our local community in combatting the heroin epidemic which exists in Cayuga County. Discussion: Farrell says I don’t think there is anyone here that is against going after welfare fraud, workman’s compensation and so forth. In all fairness to the District Attorney’s office the 15 of us should have a discussion with information from DSS so we can learn the differ- ence between administrative hearing, disqualification agreements and prosecution. He says I do feel there are better options and in regards to this, I did read it over, I did go online and I spoke with DSS and they feel there may be better options than going this route. Our budget tonight shows our Assigned Council’s budget could be dropped by $25,000 so starting to take on more cases of prosecution just doesn’t make sense to me. Farrell says I have a lot of other things to discuss so I wish it would have gone back to committee so we could have talked about it there. He says I have heard here and in committee this is not going to cost the tax payers any money. I would say if a resolution is going to go forward were we are going to create positions, 2.5 in the District Attorney’s office, if it is not going to cost any money then I would like to see the resolution amended where the District Attorney’s budget self-sustains this. We don’t increase the revenue items for part time to full time salary. He says this would take my concern and others concerns that we may not get the revenue to get the $100,000 we are talking about. If the Probation office takes on more expenses they would be drawn down also. Farrell says I understand that some paper work has already been signed, have we already accepted this money. Chapman asks Budelmann, have we already submitted a plan to New York State. Budelmann responds yes we have. The reality is we can agree to accept the funds but unless we provided the services we cannot use the funds. Chapman says we have the opportunity to participate in this grant program. My greatest fear is, after going to Albany several times to ensure we are getting radio money and to talk to other agencies about securing money, we will end up on the wrong side of somebody’s list if we do not participate in this types of programs. He says there are several larger counties that are participating in these programs. Baxter says if we approve this resolution tonight that does not put us in 100%, it only allows us to accept the money. We need to accept it or it won’t go any further. He says I would like to see it approved and Mr. Budelmann can meet with us to discuss the hiring. If we don’t utilize it we can turn the money back in. Lattimore says I would like to hear from Sinclair if she feels this would be a good or bad thing to accept. Sinclair says I think we should take advantage of the funds. I know the concern is that we are not left having to pay out and not getting reimbursed so I feel we Thursday, November 6, 2014 ---PAGE BREAK--- 306 should have a plan going forward to see how this would work. Lattimore says to Sinclair, so our suggesting we accept it. Sinclair responds yes. Foley says what I am wondering is this resolution has already come up once and was defeated, why are these resolutions coming back 2 or 3 times. If it has already been defeated why bring it back again. I don’t think anyone has changed their mind from last week. Chapman says the rules allow any legislator to bring back resolutions that have been through committee. Didio says resolu- tions come back because sometimes we don’t fully understand the resolution, now we have a better idea what this resolution says and that’s why it is back. Batman says it is unclear to me, at the last meeting I thought that this resolution was going to go back through the Judicial and Public Safety committee for review so we could hear from Social Services and more from the District Attorney. He says I think there are still questions on this that needs to be answered. Baxter I believe we need to approve this now in order to accept the money. We can have Judicial to review it after we accept the money. He says we will miss the opportunity if we don’t act on this now. He says Budelmann is not going to hire someone tomorrow, he has to bring it through committee first for approval and at that point we can say yes or no. Batman says that was one of the questions if the money had to be accepted now. Chapman says all these grants are time sensitive and the clocks are already running on this grant. Vote, motion passed by majority vote, all voting aye except Farrell, Batman and Mahunik, and excused Pinckney and Runkle. TOPIC: Presentation of the 2015 Tentative Budget- attached Discussion: Foley asks if we stay at the $15.5, what was the amount out of the general fund. Sinclair responds that would be using $640,699 from what would become your fund balance. What we figure you are going to end up with for 2014 is $12,630,000.She says at the end of 2015, if everything operates perfectly, then you would just be adding $885.00. When we transfer the nursing home fund balance into the general fund will pump it up. Chapman says earlier on you mentioned reducing the work force by about 30 positions, 7 were vacant, so is it really 30 or is it 23. Sinclair responds that far as active employees it would be more like 23. Chapman says where are these employees and the reason I ask is do any of them generate revenue. Sinclair responds probably some of them do. I am trying not to identify departments because I am not sure what the legislature is going to do. They may decide to eliminate 30 positions or they may decide to eliminate zero and I don’t want to create panic where none is due. Chapman says I am not asking for you to create a panic but for future discussions we are going to need to know what positions you are talking about. Sinclair says we can supply that information to you. Farrell says as you went through the budget you could see the positions, the Sheriff came in with a recommenda- tion of million dollars on the inmate revenue fund, and I see that nickel and diming you took it up $350,000, how does the Sheriff feel about the $350,000. Gould responds that we will probably make close to $1.5 million this year. Lattimore asks Anderson what the rebate would be for tax payers on real estate taxes if we stayed in the tax cap. Anderson says the projection I did about a year ago the average tax payer would receive around $16.00. Vitale says I would like to thank you Suzanne for this excellent start. He asks, I know we operate on a very low contingency account amount here in the county, have you considered anything for a contingency in what you have prepared so far. Sinclair re- sponds there is a contingency account that is $123,000. We have based this on the idea Thursday, November 6, 2014 ---PAGE BREAK--- 307 that we have not had to dip into that now and it has been replenished by salary savings that won’t be much of an income next year. Vitale asks if there is a limit or a law on what Counties on what they can have in contingency. Sinclair responds I do not believe so. Baxter says we probably have more than 30 people work for the County that are at or beyond the retirement age, are there any incentives that we could offer for people to retire. Sinclair says Russell brought it to my attention that there have been smaller entities that have done a retirement incentive but I have not had time to investigate that yet but I can get back to you on this. Baxter says this would be a great avenue to pursue rather than laying people off. Lattimore asks if pension cost have gone down from last year. Sinclair says they have actually dropped just a little bit. Batman says regardless of what the rules are about changing the sales tax formula we absolutely cannot do anything with 2015. He says the towns are well past the point of being able to adjust their budgets. Foley says so we have the numbers on the table, what kind of funds we are looking at if we enact the mortgage tax or the vehicle tax. Sinclair responds for the mortgage tax we would anticipate something between $400, 000 and $500, 000, and the local motor vehicle tax the estimate was between $200,000- $300,000. She says they estimated that conservatively. Batman says I would like to plug the local libraries. He says the Aurora Library has been awarded the Daniel W. Casey Library Advocacy Award from the NYS Library Association. This was given in recognition of the work their preservation com- mittee did on the historic building that houses the library and Morgan Opera House. He says this just shows what a great job our local libraries are doing and he would like mention that we are the only county in this area that does not support our libraries. Batman says the other point he would like to point out is that libraries depend on a variety of funding sources as we do and when we do not contribute anything this puts pressure on them just like when the State cuts ur funding. He says this is something we should consider for the future. Motion by Bennett to adjourn at 7:25PM, 2nd by Didio, all in favor Thursday, November 6, 2014 ---PAGE BREAK--- 308 MINUTES SPECIAL MEETING Cayuga County Legislature Thursday, November 20, 2014 @ 6:00 PM Chambers, 6th Floor CCOB CALL TO ORDER: Hon. Michael Chapman, Chairman at 6:00PM ROLL CALL: Sheila Smith, Clerk of the Legislature, all Legislators present, except Patrick Mahunik, excused PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: TOPIC: Executive Session- The Employment History of a Particular Person Motion by Didio to go into Executive Session at 6:03PM, re: the medical, finan- cial, credit or employment history of a particular person or corporation, 2nd by Pinckney, all in favor. Motion by Didio to come out of Executive Session at 8:34PM, 2nd by Pinckney, all in favor. Motion by Didio to adjourn at 8:34PM, 2nd by Foley, All in favor. Thursday, November 20, 2014 ---PAGE BREAK--- 309 MINUTES CAYUGA COUNTY LEGISLATURE November 25, 2014 at 6:30PM CALL TO ORDER: Hon. Joseph Bennett, Vice Chairman called meeting to order at 6:30PM. ROLL CALL: Sheila Smith, Clerk of the Legislature all Legislator’s present except Chapman. PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: PUBLIC HEARING: Opened at 6:32 PM. To Adopt Local Law No. For the Year 2014, a Local Law Prohibiting the Sale, Application and Disposal of Waste Associated with Oil and Natural Gas Exploration, Extraction and Storage Activities. Robert Biltekoff, Amherst, NY- He spoke on proposed Local Law. -Attached Mary Menapace, Skaneateles, NY- She spoke on proposed Local Law. - Attached Michael Gorr, Niles, NY- He spoke on proposed Local Law.-Attached Robert Newman, Auburn, NY- He spoke on proposed Local Law. He says this issue is just common sense. He says we are at a crossroads when it comes to our environ- ment. Newman spoke of new technology he believes will eliminate fracking in the future. He says we have the ways to do away with using gas and go to wireless energy. Marilyn Dilo, Aurora, NY -She spoke on the proposed Local Law. She says this is time where we can make a Difference and it is time to find ways to use alternative energy. She says we need to understand everything we can on this topic so we can make informed decisions for the future. Dilo says she feels it is important to support this local law. Tom Costello, Fleming- He spoke the on proposed Local Law. He says he has been living in Fleming for 50 years and for the past 24 years he has had a gas well on his farm. We have never had any problems with it and it has been a blessing. He says the people around him have also has gas wells and have never heard any problems with them. Runkle says he is speaking on behalf of the manufacturer Owens Illinois. He says they have proposed several changes to this local law that I have distributed to everyone. He says we totally support this law with the spreading of brine on County roads but I ask that we consider these changes when and if we write the law. Tuesday, November 25, 2014 ---PAGE BREAK--- 310 DEATHS: Our sincere condolences to the families and friends of: Yolanda Marie Greco, beloved Aunt of Cayuga County Clerk Sue Dwyer. PROCLAMATIONS: National Philanthropy Day November 15, 2014 Employee Learning Week in Cayuga County December 1-5, 2014 International Fraud Awareness Week, November 16-22, 2014 The Salvation Army – Major Dennis Smullen will accept proclamation Donald “Donnie” Short Day in Cayuga County, November 25th, 2014 Robert “Rebel” Spalding Day in Cayuga County, November 25th, 2014 EMPLOYEES 1st AWARDEES: Ms. Deborah Wein WIC Department Ms. Kelly Murphy Probation Department Mr. Joe Taylor IT Department PUBLIC BE HEARD: If you wish to speak notify your Legislator, who will grant you privilege of the floor. You will be allowed to speak for 3 to 5 minutes. You must state your name and address. Legislator Terry Baxter for Bill Denman and Henry Barrett, Niles, NY- Attached- Spoke on the Cayuga County Highway department. -Attached Legislator Mark Farrell for John Stoecker, Oakland Rd, Weedsport, NY - Spoke on paving work done by the County. MINUTES: For Approval: 10/28/14, Motion by Didio, 2nd by Pinckney, all in favor. CCC REPORT: Dr. DeCinque – DeCinque says on the Ways & Means agenda we are asking for action on an Energy Performance contract. He says the Board of Trustees as well as the Building and Grounds crew have spent a lot of time on this project. He says this project is no cost to the County, it is simply asking for you authorization to allow us to move ahead with this. DeCinque says they will be replacing broilers from 1959 and allow us to bring our energy systems up to current standards. He says once we have repaid for the equipment, through the savings we will receive on energy there will be substantial boom to the college in terms of energy cost savings. He says the Board and the College have reengaged in discussions on the resident halls. He says they have put together a survey to access the demand for the halls and we have held two community meetings for the public to voice their concerns. He says we shared with the public also the plans on the location of a new athletic field and that was well received. DeCinque says they will be starting to work on next year’s budget soon. Tuesday, November 25, 2014 ---PAGE BREAK--- 311 COMMITTEE REPORTS & INDIVIDUAL LEGISLATORS’ REPORTS: Didio says the reports on the Alcohol and Substance Abuse Services. He says there was a table with information set up at CCC for students, faculty and parents. This is in reflection on the heroin epidemic and to enhance education in this area. He says they are moving forward with Owasco Lake inspection. Batman says they put together a forum of local farmers, lake property owners and others to discuss the issues of the water quality. He says a number of people spoke on this topic and I feel it was extremely productive. Bennett closed the Public Hearing at 7:34PM COUNTY ADMINISTRATOR’S REPORT: Suzanne Sinclair CHAIRMAN’S REPORT: Michael Chapman Bennett read the Chairman’s report. He says on November 8th he attended the flag raising for Marine Corp birthday, November 11th he attended the Veteran’s Day event at Memorial park. Chapman would like to thank Mr. Lattimore and Mr. Foley for attending this event and also thank the City of Auburn for planning this event. Motion by Pecher, 2nd by Pinckney, all in favor, except Farrell abstains. APPOINTMENTS AND RE-APPOINTMENTS: Cayuga County Water & Sewer Authority: Douglas Selby, 26, South St., Auburn, NY 13021, term 1-1-2015 to 12-31-2017 Mark Farrell, 8497 Ball Rd., Weedsport, NY 13166, term 1-1-2015 to 12-31-2017 Robert Bower, 13160 Great Gully Rd., Union Springs, NY 13160, term 1-1-2015 to 12- 31-2017 Ward O’Hara Agricultural Museum Board of Commissioners: Lee Nash, 42 Lexington Ave, Auburn, NY 13021, term 9-1-2014 to 9-1-2017 Motion by Lattimore to waive the reading of communication, 2nd by Pecher, all in favor. COMMUNICATIONS AND ANNOUNCEMENTS: Received a letter Town Board of the Town of Lansing will be holding Public Hearings on December 17th, 2014 at 6:05 PM and 6:07PM at the Lansing Town Hall Board Room 29 Auburn Road, Lansing, New York, Re: Amendments to Existing town of Lansing Land Use Ordinance. Received an email from Mr. Dr. Dolan, Corner, announcing his resigna- tion effective immediately. Chapman received an email from Chad Hayden, Village of Union Springs Attorney, calling upon Federal Representatives to propose and support Legisla- tion to permit collection of lawfully due taxes on Indian Tribal properties. Received a certified Resolution No. 370 from the Board of Supervisors of Fulton County supporting the repeal of the New York State “Scaffold Law”. Received Resolution No.14-37, Village of Aurora Board of Trustees, re: To Support the Cayuga County Emergency Management Office and Recommend Retaining the Administration Officer, Emergency Services Position. Tuesday, November 25, 2014 ---PAGE BREAK--- 312 Received Resolution No. 2 from the Aurora-Ledyard Fire District, re: To Support the Cayuga County Emergency Management Office and Recommend Retaining the Administration Officer, Emergency Services Position. Received an e-mail from G. A. Nettie, re: the relocation of the City and County Highway Department, opposition to the Alco site. CAYUGA COUNTY LEGISLATURE RESOLUTIONS 11-25-14 RESOLUTION NO. 388-14 11/25/14 AP Audit November, 2014 AUTHORIZING THE COUNTY TREASURER TO PAY OCTOBER 15-27, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on November 25, 2014, audit claims against the County of Cayuga in the aggregate sum of $465,283.15, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and directed to pay the several claims so audited and charge the amounts to the several appropriations made therefore in the County Budget finalized on December 12, 2013. Signed by: Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 389-14 11/25/14 AP Audit November 25, 2014 AUTHORIZING THE COUNTY TREASURER TO PAY OCTOBER 28-NOVEMBER 10, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on November 25, 2014, audit claims against the County of Cayuga in the aggregate sum of $998,541.55, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and directed to pay the several claims so audited and charge the amounts to the several appropriations made therefore in the County Budget finalized on December 12, 2013. Signed by: Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 390-14 11/25/14 TRE Springport Tax Collection RESOLUTION TO ACCEPT AGREEMENT TO COLLECT TAXES FOR THE TOWN OF SPRINGPORT FOR THE 2015 TAX YEAR BY: Mr. Joseph Runkle, Chairman Ways and Means Committee WHEREAS, the Town of Springport Town Board is interested in contracting with the County of Cayuga County Treasurer in order to collect the Town and County taxes for the 2015 Tax Year; and Tuesday, November 25, 2014 ---PAGE BREAK--- 313 WHEREAS, the Town tax collector has granted authority to the Town of Springport Town Board to contract with the Cayuga County Treasurer in order to collect taxes; and WHEREAS, the Cayuga County Treasurer wishes to enter into an agreement with the Springport Town Board to collect the Town and County Taxes for the Town of Springport for the 2015 Tax Year; and now be it RESOLVED, that the Cayuga County Legislature approves the Agreement between the Town of Springport and the County of Cayuga for the Cayuga County Treasurer to assume full responsibility for collection of the 2015 Town and County Taxes for the Town of Springport. Signed by: Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 391-14 11/25/14 RPS College Chargeback AUTHORIZE DIRECTOR OF REAL PROPERTY SERVICES TO APPORTION COMMUNITY COLLEGE COSTS FOR TAX PURPOSES By: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, The Cayuga County Treasurer’s has provided figures to be levied back against several municipalities; now therefore be it RESOLVED, that the Office of Real Property Services is hereby authorized to charge the several municipalities, on the 2015 county/town tax bills, the costs as certified by the County Treasurer for Community College purposes as follows: City of Auburn 148,909.70 Town of Moravia 59,867.64 Town of Aurelius 20,241.27 Town of Niles 8,400.37 Town of Brutus 39,990.67 Town of Owasco 28,842.83 Town of Cato 20,109.90 Town of Scipio 5,527.13 Town of Conquest 20,303.16 Town of Sempronius 18,194.39 Town of Fleming 14,402.73 Town of Sennett 46,353.05 Town of Genoa 26,830.64 Town of Springport 9,108.37 Town of Ira 12,359.13 Town of Sterling 27,471.10 Town of Ledyard 13,674.33 Town of Summerhill 24,524.10 Town of Locke 46,808.30 Town of Throop 10,817.71 Town of Mentz 17,856.29 Town of Venice 7,348.93 Town of Montezuma 9,830.20 Town of Victory 5,646.57 Total 643,418.51 Signed by Runkle, Farrell, Pecher, Whitman, Didio and Pinckney, all in favor. RESOLUTION NO. 392-14 11/25/2014 COL Set Public Hearing to Adopt Budget15 SETTING DATE FOR PUBLIC HEARING ON TENTATIVE COUNTY BUDGET. BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, a tentative County Budget for the year 2015 has been prepared and is hereby presented by the Budget Officer of the County of Cayuga; now, therefore, be it RESOLVED, that the tentative budget as amended or revised by Resolution No. 396-14, reflecting appropriations, revenues and resultant effects for the year 2014, shall be submitted to a public hearing as required by Section 359 of the County Law and that the Clerk of the Legislature is hereby authorized to prepare 100 copies of the budget pursuant to law; and be it further Tuesday, November 25, 2014 ---PAGE BREAK--- 314 RESOLVED, that the salaries for the Legislators shall be as follows Chairman $30,000 Vice Chairman $11,600 Legislators $10,100 Additional for Chairs of standing Committees $2,000 And be it further RESOLVED, that the salaries for the Official Elected and Appointed Officials (Part III) of the County Compensation Plan be set as outlined on the attached; and be it further RESOLVED, that a public hearing on the budget for the year 2014 is set for Decem- ber 11, 2014 at 6:00 PM, at the County Legislative Chambers and that the Legislature Clerk is hereby instructed to advertise same pursuant to law. Signed by: Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 393-14 11/25/14 CCC ENERGY SERVICES CONTRACT REV2 APPROVING A CONTRACT BETWEEN THE CAYUGA COMMUNITY COLLEGE AND SMART EDGE FOR AN ENERGY SERVICES CONTRACT BY: Hon. Joseph Runkle, Chair Ways and Means Committee WHEREAS, the Cayuga County Community College issued a Request For Pro- posal (attached) for the selection of an energy services company to assist Cayuga Com- munity College to become as energy efficient as possible through installation of energy conservation measures and implementation of optimal operation and maintenance proce- dures; and WHEREAS, several proposals were received and evaluated by the leadership of the Cayuga Community College and its Buildings and Grounds committee on July 25, 2014; and WHERREAS, the Cayuga Community College Board of Trustees on November 19, 2014 has elected determined that the proposal submitted by Smart Edge, see attached, is the most comprehensive and best suits the needs of the College; and WHEREAS, the Cayuga Community College Board of Trustees hereby requests that the Cayuga County Legislature, as the local sponsor, approves the contract between Smart edge and the Cayuga Community College to assist Cayuga Community College to become as energy efficient as possible through installation of energy conservation mea- sures and implementation of optimal operation and maintenance procedures; now there- fore be it RESOLVED, that the Cayuga County Legislature hereby authorizes and approves the contract between Smart edge and the Cayuga Community College to assist Cayuga Community College to become as energy efficient as possible through installation of energy conservation measures and implementation of optimal operation and maintenance procedures. Signed by: Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 315 RESOLUTION NO. 394-14 11/25/14 TRE MH AUDIT TESTONE 2014 REV AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN A ONE YEAR EXTENSION WITH TESTONE, MARSHALL & DISCENZA, LLP FOR THE CAYUGA COUNTY MENTAL HEALTH AUDITING AND ACCOUNTING SERVICES FOR THE FISCAL YEAR 2014. BY: Hon. Joseph Runkle, Chair Ways & Means Committee WHEREAS, Resolution No. 138-12 AWARDING THE CONTRACT FOR COUNTY AUDIT SERVICES TO TESTONE, MARSHALL & DISCENZA LLP AND AUTHORIZING THE CHAIRPERSON OF THE LEGISLATURE TO SIGN A CON- TRACT, awarded the firm a contract to audit the fiscal years, 2011, 2012, 2013 and 2014; and WHEREAS, Resolution No. 139-12, AWARD THE PROPOSAL FOR COUNTY MENTAL HEALTH AUDITING AND ACCOUNTING SERVICES AND AUTHO- RIZING EXECUTION OF AGREEMENT, awarded the firm of Testone, Marshall & Discenza, a contract to audit the fiscal affairs of the Cayuga County Mental Health Department for the years, 2011, 2012, 2013; and WHEREAS, RFP NO 2012-14, solicited audit proposals for the Mental Health Department audit for four and not three fiscal years, which was not correctly identified in Resolution No. 139-12; and WHEREAS, the firm of Testone, Marshall & Discenza,LLP, is prepared to audit the 2014 fiscal year for $4,200.00, which sum is the same compensation paid for the 2013 fiscal year; now therefore be it RESOLVED, that Testone, Marshall & Discenza, LLP be awarded the contract to perform auditing and accounting services for the Mental Health Department for the fiscal year 2014; and be it further RESOLVED, that the Chairman of the Legislature be authorized and directed to enter into a contract with Testone, Marshall & Discenza, LLP for the fiscal year 2014 at a cost of $4,200.00. Signed by: Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 395-14 11/25/2014 TREupdateinvestpolicy14 ADOPTING RESOLUTION FOR ANNUAL UPDATE TO CAYUGA COUNTY INVESTMENT POLICY BY: Mr. Joseph Runkle, Chairman Ways and Means Committee WHEREAS, pursuant to Section 212 of County Law and Section 10 of the General Municipal Law; the County needs to update its investment policy annually; and WHEREAS, the list of banks and the amount held on deposit, found in Section VII, Designation of Depositories, requires amendment; now, therefore, be it RESOLVED, that the attached CAYUGA COUNTY INVESTMENT POLICY, which includes the designation of banks, be updated and approved effective January 1st, 2015. Signed by: Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. Motion by Runkle to add $132,534 to the budget and have the monies come from the fund balance, 2nd by Farrell, vote on amendment, all in favor. Resolution as amended by Runkle, 2nd by Farrell, all in favor, except Foley opposed. Tuesday, November 25, 2014 ---PAGE BREAK--- 316 RESOLUTION NO. 396A-14 11/25/14 COL BudgetRecommend2015WM WAYS AND MEANS RECOMMENDATION ON 2015 BUDGET OFFICER’S TENTATIVE BUDGET. BY: Joseph Runkle, Chairman Ways and Means Committee WHEREAS, the Ways and Means Committee has reviewed the 2015 County Ten- tative Budget that was filed with the Clerk of the Cayuga County Legislature; and WHEREAS, the Ways and Means Committee has proposed certain changes, alter- ations or revisions in the tentative budget by identifying specific account lines that could be amended, added, or deleted; now, therefore be it RESOLVED, that the Ways & Means Committee hereby submits the attached, as its proposed changes, alterations or revisions to the Budget Officer’s 2015 Tentative Bud- get, to the County Legislature for its consideration. Signed by: Runkle, Didio, Farrell, Pecher, Pinckney and Whitman, all in favor. Discussion: Batman asks this will take us over the tax cap limit. Runkle responds we are taking it from the fund balance so we are not adding it to the tax cap. Lattimore asks if the County Administrator is in favor of this amendment. Sinclair responds yes I support the amendment. Farrell asks Sinclair, anything we do this evening it’s still a tentative budget, we can make amendments when we do the final bud- get. Sinclair responds that is correct you are moving through stages and will still have time to make changes. RESOLUTION NO. 397-14 11/25/14 HD CREATING HEALTHY PLACES EXTENSION AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ENTER INTO A CONTRACT WITH NYS DEPARTMENT OF HEALTH FOR THE CREATING HEALTHY PLACES TO LIVE, WORK & PLAY GRANT. BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the State has offered the Cayuga County Health Department a grant of $87,500 for the period of April 1, 2015 through September 30, 2015 for the “Creating Healthy Places Grant extension” (100% funded); NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to enter into a contract with New York State and accept funding in the amount of $87,500 for the “Creating Healthy Places Grant extension” and accept any COLA funds associated, and be it further RESOLVED, that the Director of Public Health be authorized to enter into any subcontracts necessary to accomplish the goals of this grant; and be it also RESOLVED, that the Cayuga County Treasurer be authorized and directed to amend the Health Department’s 2015 budget in the following manner: Increase Revenue Account A40240 43424 $87,500 Increase Appropriation Account A40244 54000 $87,500 and be directed to make the necessary journal & accounting entries to accomplish the same. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 317 RESOLUTION NO. 398-14 11/25/14 HD Amendment to Resolution #229-14 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO AMEND RESOLUTION #229-14 REGARDING THE WIC CONTRACT WITH NEW YORK STATE DEPARTMENT OF HEALTH BY: Patrick Mahunik, Chairman of Health & Human Services Committee Joseph Runkle, Chairman of Ways & Means Committee WHEREAS, Cayuga County Health Department operates the local Women, Infant and Children (WIC) program for eligible residents of Cayuga County; and WHEREAS, New York State Department of Health current five year contract for operating the WIC program expired on 9/30/2014; and WHEREAS, New York State Department of Health has requested a grant extension for one year for each of the WIC sites until a new RFA is issued and resolution #229-14 authorized this; NOW, THEREFORE BE IT RESOLVED, that the Department be authorized to enter into any subcontracts necessary to complete the goals of the WIC program; RESOLVED, that the Director of Public Health’s execution of a contract with One Call Now to provide text/callout services for participating WIC clients, is retroactively approved and authorized; RESOLVED, that the Cayuga County Treasurer be authorized and directed to amend the Health Department’s 2014 budget in the following manner: Increase Revenue Account A40820 43411 $5,457 Increase Appropriation Account A40824 54125 $5,457 and be directed to make the necessary journal & accounting entries to accomplish the same. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 399-14 11/25/14 HD 2014-2017 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ENTER INTO A CONTRACT WITH NEW YORK STATE DEPARTMENT OF HEALTH AND ACCEPT THESE 100% FUNDS. BY: Patrick Mahunik, Chairman of Health & Human Services Committee Joseph Runkle, Chairman of Ways & Means Committee WHEREAS, the New York State Health Department has awarded funding to the Cayuga County Health Department for the period of October 1, 2014- September 30, 2017 in the amount of $58,560 to continue our work in supporting, through information and referral, families who have children with special health care needs. The Cayuga County Health Department will receive $19,520 per year for the next three years; and WHEREAS, it is the Department’s desire to continue on with this initiative; NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to renew the Children with Special Health Care Needs Contract with New York State and accept funding in the amount of $19,520 per year for the next three years Tuesday, November 25, 2014 ---PAGE BREAK--- 318 for the period of October 1, 2014 through September 30, 2017, as well as enter into any subcontracts necessary to carry out grant initiatives; and be it further RESOLVED, that upon notification from the Department, the County Treasurer be authorized and directed to make the necessary journal and accounting entries in each of the 2014, 2015, and 2016 Health Department Budgets as follows, and to accept any additional COLA funds relative to this program: Increase Appropriation Account A40264 54000 $19,520 Increase Revenue Account A40260 43426 $19,520 Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 400-14 11/25/14 HD OBESITY PREVENTION INITIATIVE AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ENTER INTO A CONTRACT WITH EAST HILL FAMILY MEDICAL TO COMPLETE NUTRITION DEMONSTRATIONS IN THE OFFICE WAITING ROOM. BY: Patrick Mahunik, Chairman of Health & Human Services Committee Joseph Runkle, Chairman of Ways & Means Committee WHEREAS, East Hill Family Medical has asked the Cayuga County Health De- partment to partner with them in an initiative focused on addressing the issue of pediatric obesity. East Hill Family Medical will award the Health Department a stipend of $1,000 for the completion of the terms of the agreement; and WHEREAS, the Health Department will be responsible for providing a waiting room demonstration at Summit Pediatrics, East Hill’s Pediatric Office, one time per month for at least two hours in the mornings. Demonstrations shall be completed be- tween September 1, 2014 and March 31, 2015, with the specific dates and times being determined jointly by Health Department and Summit Pediatric staff in order to try and reach the largest number of children possible while working within staffing parameters; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to enter into a contract with East Hill Family Medical and accept the $1,000 stipend for completion of terms of the Agreement. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION # 401-14 11/25/14 HD WIC RENT AUTHORIZING THE DIRECTOR OF PUBLIC HEALTH TO RENEW THE LEASE AGREEMENT WITH CAYUGA COUNTY FOR SPACE AT THE HISTORIC POST OFFICE BUILDING TO HOUSE THE WIC OFFICE/CLINIC FROM OCTOBER 1, 2014-SEPTEMBER 30, 2015. BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, NYS Department of Health has contracted with the County Health Department to continue to operate the WIC Program for a one year extension (October 1, 2014 – September 30, 2015); and Tuesday, November 25, 2014 ---PAGE BREAK--- 319 WHEREAS, the Health Department’s WIC Program (office and clinic) has leased space in the Historic Post Office Building located at 157 Genesee Street, Auburn, NY from the County for many years, and currently occupies 2,404 square feet of space in the building at a rate of $13.00 per square foot at an annual rate of $31,252 which includes utilities; and WHEREAS, the Health Department wishes to continue leasing this space for our WIC Program; NOW THEREFORE, BE IT RESOLVED, the Director of Public Health be authorized to renew our lease with the County of Cayuga for space at the Historic Post office Building, 157 Genesee Street, Auburn, NY for the period October 1, 2014 – September 30, 2015 at an annual rate of $31, 252, unless changed or amended; and be it further RESOLVED, that the lease payment be made from Account #40824 54065 of the Health Department Budget Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 402-14 11/25/14 HS FFFS FUNDING 2014 AMENDING THE HUMAN SERVICES 2014 BUDGET TO ACCEPT 100% FEDERAL FUNDING FROM THE FLEXIBLE FUND FOR FAMILY SERVICES (FFFS) BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Human Services Department has received 100% Federal FFFS funding (Flexible Fund for Family Services) and of this funding $493,000 will be used to support employment related services and supportive services for TANF eligible appli- cants and recipients in order to assist them to stay off of public assistance or enable them to reduce the amount of assistance they are receiving; and WHEREAS, it is necessary to amend the 2014 Human Services Budget in order to accept this funding; NOW, THEREFORE BE IT RESOLVED, that the Cayuga County Treasurer be authorized and directed to amend the Human Services Department’s 2014 Budget in the following manner, and make the necessary journal and accounting entries to accept the new FFFS funds: Increase Acct. #A60604 54000 $493,000 Increase Acct. #A60600 44615 $493,000 and be it further RESOLVED, that the Chairman of the Legislature and the Director of Health and Human Services be authorized to enter into any subcontracts that are necessary to implement this grant. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 320 RESOLUTION NO.403-14 11/25/14 HS DA CONTRACT FOR SERVICES AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF COMMUNITY SERVICES TO ENTER INTO A CONTRACT WITH THE DISTRICT ATTORNEY FOR WELFARE FRAUD PROSECUTION SERVICES BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Cayuga County Department of Social Services desires to enter into a contract with the District Attorney’s Office for Welfare Fraud Prosecution Services; and WHEREAS, the Department will reimburse the District Attorney’s Office for pros- ecution services according to the following schedule: $ 300 Review of Investigative Report and/or Mailing of DCA Letter $1,500 Welfare Fraud Prosecution Fee WHEREAS, we have included these expenses and revenue in the 2014 Human Services’ Budget; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized and directed to enter into a contract with the District Attorney’s Office for the period of January 1, 2014 to December 31, 2014, to be renewed annually up to a total period of five years for provision of welfare fraud prosecution services; and be it further RESOLVED, that payment for these services will be from Account #A60104 54118 of the 2014 Human Services Budget. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 404-14 11/25/14 HS HILLSIDE R&R MAPPS FOSTER PARENTS 2015 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF COMMUNITY SERVICES TO ENTER INTO A CONTRACT WITH HILLSIDE CHILDREN’S CENTER FOR THE RECRUITMENT, TRAINING AND RETENTION OF FOSTER PARENTS BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Department of Social Services (DSS) currently collaborates with Hillside Children’s Center (HCC) in an effort to recruit, train and retain foster parents serving particular groups of children and youth; and WHEREAS, HCC leadership works with the DSS leadership to develop an overall approach to drawing on the mutual of HCC and DSS in the recruitment and training of foster parents; and WHEREAS, HCC participates in the planning, and then is responsible for, the delivery of community-outreach oriented recruitment activities and also is involved in the MAPPS (Model Approach to Partnership in Parenting) Program, which is recom- mended by the Office of Children and Family Services as a pre-certification training program for prospective foster parents; and Tuesday, November 25, 2014 ---PAGE BREAK--- 321 WHEREAS, HCC currently has embedded one Foster Family Specialist at the County’s DSS to provide home-finding services in conjunction with DSS staff; WHEREAS, the Department desire to embed an additional Foster Family Specialist, for a total of two Foster Family Specialists (2 full-time equivalent) at the County’s DSS to provide home-finding services in conjunction with DSS staff; NOW, THEREFORE, BE IT RESOLVED, that the Department be authorized to terminate the existing agreement with Hillside Children’s Center relating to the recruitment, training, and retention of foster parents effective December 31, 2014; and RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized to enter into a new agreement with Hillside Children’s Center for the recruitment, training and retention of foster parents for the period January1, 2015 to December 31, 2015 at the cost of $123,377.81; and be it further RESOLVED, that these expenses be paid from account #60104 54059 of the 2013 Human Services Budget. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 405-14 11/25/14 HS HEAP/CATHOLIC CHARITIES 2014 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF COMMUNITY SERVICES TO ENTER INTO A CONTRACT WITH CATHOLIC CHARITIES OF THE FINGERLAKES, INC., TO PERFORM ANY OUTREACH ACTIVITIES FOR THIS STATE MANDATED HEAP PROGRAM (100% FEDERALLY FUNDED), FOR THE PERIOD OF OCTOBER 30, 2014 THROUGH MARCH 31, 2015 BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the Low Income Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act) was signed into law to assist eligible households to meet the costs of home energy, said costs being 100% federally funded; and WHEREAS, the State of New York will oversee the Low Income Home Energy Assistance Act of 1981 in accordance with the requirements of Section 2605 of said Act; and WHEREAS, the Governor of the State of New York designated County Social Services Departments to carry out the purpose, functions and administration of the Low Income Energy Assistance Act of 1981 in the State of New York, which includes perform- ing outreach activities; and WHEREAS, in order to administer this program it is necessary to contract with outside agencies to assume responsibility for outreach activities in connection with HEAP (which includes providing and manning outreach and intake sites for regular and emer- gency assistance) consistent with the State Plan and regulations; and WHEREAS, in the past we have successfully contracted with Catholic Charities of the Fingerlakes, Inc., to provide these services; and WHEREAS, we will be receiving an administrative allocation to cover the total cost of the contract; NOW, THEREFORE, BE IT Tuesday, November 25, 2014 ---PAGE BREAK--- 322 RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized to enter into a contract (100% federally funded) with Catholic Charities of the Fingerlakes, Inc., in the amount of $63,680 for the period 10/30/14 – 3/ 31/15; and be it further RESOLVED, that the Cayuga County Treasurer be authorized and directed to amend the County’s Human Services 2014 Budget when the administrative allocation is received from the State; and make any necessary journal & accounting entries to reflect additional HEAP funding upon receipt of notification and documentation from the County’s Hu- man Services Department. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 406-14 11/25/14 HS OTDA STEP GRANT AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF COMMUNITY SERVICES TO ENTER INTO A CONTRACT WITH STATE OF NEW YORK TO ACCEPT 100% FUNDED STEP (SOLUTIONS TO END HOMELESSNESS PROGRAM) GRANT BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, in accordance with Social Services Regulations, local DSS is required to provide temporary shelter for eligible homeless families and individuals who are finan- cially eligible and have no housing resources available to them; and WHEREAS, the State of New York has made grant money available to county government for the purpose of reducing homelessness in the community through a grant from the Office of Temporary and Disability Assistance in the annual amount of $73,275.00; and WHEREAS, the STEP grant will provide rapid rehousing of single individuals placed in shelters and motels into permanent housing; and WHEREAS, the said STEP Grant has been awarded for a period of five years commencing December 1, 2014, through November 30, 2019; and WHEREAS, the STEP Grant is reimbursed at 100% state funding; NOW, THERE- FORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized to enter into a contact with the State of New York to accept funding for the STEP Grant from Office of Temporary and Disability Assistance in the annual amount of $73,275.00, and each year hereafter for a term of five years; and be it further RESOLVED, that the County Treasurer be authorized and directed to make the necessary journal and accounting entries in the 2014 Budget as follows: Increase Expenditures Account A60104 54263 $73,275.00 Increase Revenue Account A60100 43610 $73,275.00 and be it further RESOLVED, that the Director of Community Services be authorized to enter into contracts with other agencies/individuals in order to accomplish the goals of this grant without further legislative action. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 323 RESOLUTION NO. 407-14 11/25/14 HS FILL CASE SUPERVISOR GRADE B ADULT PROTECTIVE SERVICES AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO FILL A CASE SUPERVISOR, GRADE B VACANCY IN THE ADULT PROTECTIVE SERVICES UNIT BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, there is a Case Supervisor, Grade B vacancy in the Adult Protective Services Unit of Social Services due to retirement effective October 31, 2014; and WHEREAS, this position supervises a team of caseworkers in the Adult Protective Services Unit and this work is mandated by the State and reimbursed at minimum 75% state and federal; and WHEREAS, this is a funded position in the Social Services Department’s 2014 budget; NOW, THEREFORE BE IT RESOLVED, that the Director of Community Services be authorized and directed to fill the vacated Case Supervisor, Grade B position in the Adult Protective Services Unit, and any fill behind that may occur, in accordance with Civil Services Rules and Regula- tions and the policies of the County of Cayuga. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 408-14 11/25/2014 MH HH CARE MGT11.14 AUTHORIZING LIBERTY RESOURCES CARE MANAGEMENT SERVICES TO UTILIZE SPACE AT THE COMMUNITY MENTAL HEALTH CENTER. BY: Mr. Patrick Mahunik,Chair, Health and Human Services Committee, and Mr. Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, as a result of changes in the service system as directed by the NYS Medicaid Redesign Team, Care Management Services now are coordinated by Health Homes, three of which cover Cayuga County residents; and WHEREAS, resolution 203-14 allowed the Health Homes serving Cayuga County to utilize space at the Community Mental Health Center for Care Management Services, and WHEREAS, one of the Health Homes, Health Homes of Upstate New York, has subcontracted with Liberty Resources, Inc. for Care Management Services; now, there- fore, be it RESOLVED, that the Director of Community Services be authorized to allow the use of designated space at the Community Mental Health Center, 146 North Street site, by Liberty Resources, Inc. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 324 RESOLUTION NO. 409-14 11/25/2014 MH FILL SUP 2015 AUTHORIZE THE FILLING OF THE SUPERVISING STAFF POSITION AT THE COMMUNITY MENTAL HEALTH CENTER DUE TO A RETIREMENT BY: Patrick Mahunik, Chair, Health and Human Services Committee, and Joseph Runkle, Chair, Ways and Means Committee WHEREAS, the Mental Health Department is required to designate a medical direc- tor and has identified the Supervising Staff title to fulfill that function; and WHEREAS, the Supervising Staff position code 7513, provides over- sight of the medical staff as well as provides direct care to Cayuga County residents with severe mental illnesses; and WHEREAS, the incumbent has indicated that he will retire from the position in January 2015; now, therefore, be it RESOLVED, that the Director of Community Services be authorized and is hereby directed to fill the position of one Supervising Staff in accordance with the Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 410-14 11/25/2014 MH AUTHORIZE THE FILLING OF THE NURSE PRACTITIONER POSITION AT THE COMMUNITY MENTAL HEALTH CENTER DUE TO A RETIREMENT BY: Patrick Mahunik, Chair, Health and Human Services Committee, and Joseph Runkle, Chair, Ways and Means Committee WHEREAS, the incumbent has indicated that she will retire from the position of Nurse Practitioner, position code 7061, in January 2015; and WHEREAS, the position provides direct care to Cayuga County residents with severe mental illnesses and is necessary to meet the needs of the community; now, therefore, be it RESOLVED, that the Director of Community Services be authorized and is hereby directed to fill the position of one Nurse Practitioner in accordance with the Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 411-14 11/25/14 MH NP CONTRACT NOV 2014 AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES AND THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN A CONTRACT FOR NURSE PRACTITIONER SERVICES. WHEREAS, the Community Mental Health Center needs services to meet the needs of Cayuga County residents; and Tuesday, November 25, 2014 ---PAGE BREAK--- 325 WHEREAS, Sandra Zambello, NP has decided to retire but has expressed a willing- ness to provide part-time services to the County on a contractual basis at a rate of $75 per hour; and WHEREAS, sufficient funds are available in budget line A43104-54059, Profes- sional Services; and WHEREAS, contracted services do not incur additional costs for fringe benefits, and time off resulting in lost revenue for the department, now, therefore, be it RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized to enter into an agreement with Sandra Zambello, NP, PLLC for the provision of services. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 412-14 11/25/14 MH CONTRACT NOV2014 AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES AND THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN A CONTRACT FOR SERVICES WHEREAS, the Community Mental Health Center must provide ser- vices; and WHEREAS, it is extremely difficult to recruit licensed and often re- cruitment is a process which compromises continuity of patient care; and WHEREAS, W. Joseph Touchstone, MD, PLLC has decided to retire from full time employment but has expressed an interest in providing services to the County on a contractual basis at a rate of $105.00 per hour; and WHEREAS, funds are included in the Mental Health Department budget for profes- sional services, budget line A43104-54059; and WHEREAS, contracted services do not incur additional costs for fringe benefits or time off resulting in lost revenue for the department; now, therefore, be it RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized to enter into an agreement with W. Joseph Touchstone, MD, PLLC for the services of a licensed for the provision of services. Signed by: Mahunik, Baxter, Bennett, Foley, Lattimore, Didio, Pecher, Reginelli, Runkle, Farrell, Pinckney, and Whitman, all in favor. RESOLUTION NO. 413-14 11/25/14 COL annexfinalmeet14 DESIGNATING DECEMBER 16, 2014, AS THE DATE OF THE FINAL MEETING OF THE CAYUGA COUNTY LEGISLATURE FOR THE FISCAL YEAR 2014. BY: Michael Didio, Chairman, Government Operations WHEREAS, at the November 25, 2014 meeting of the Cayuga County Legislature, it was agreed that the final meeting of the year be held on, December 16, 2014; now, therefore, be it Tuesday, November 25, 2014 ---PAGE BREAK--- 326 RESOLVED, that it is hereby confirmed that this December 16, 2014 meeting is hereby designated to be the final meeting of the Cayuga County Legislature for the fiscal year 2014, subject to the right of the Chairman to call a special meeting, if necessary. Signed by: Didio, Batman, Baxter, Foley, Lattimore, Runkle and Vitale, all in favor. RESOLUTION NO. 414-14 11/25/2014 COL EXTEND DEPUTY CLERK 11-25-14 AUTHORIZATION TO EXTEND THE TEMPORARY DEPUTY CLERK POSITION IN THE CLERK OF THE LEGISLATURE OFFICE TO COVER A LEAVE OF ABSENCE. BY: Hon., Michael Didio, Chairman, Government Operations Committee WHEREAS,, the Deputy Clerk in the Clerk of the Legislator’s Office is taking family medical leave and will be out of work a minimum 12 weeks; and WHEREAS, the Deputy Clerk position was filled on a temporary basis, not to exceed 90 days, that time will expire on December 5, 2014; and WHEREAS, the Deputy Clerk has requested additional leave of absence with a return to work date of January 2, 2015. WHEREAS, this position is crucial for performing services in the Clerk of the Legislature Office including attending night Committee and Legislature meetings, minutes for Judicial, Public Works, Ways & Means and Legislature (list of responsibilities and duties is attached); and WHEREAS, funding for this position is budgeted in account A10401 51001 salaries. WHEREAS, an appropriate candidate is working in this position and has agreed to the additional work period; now therefore be it RESOLVED, that the Clerk of the Legislature be hereby authorized to extend the temporary position of Deputy Clerk in accordance with the Civil Service Rules and Regulations and the policies of the County of Cayuga, and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolution. Signed by: Didio, Batman, Baxter, Foley, Lattimore, Runkle and Vitale, all in favor. RESOLUTION NO. 415-14 11/25/2014 COL NightQuarantineDogs AUTHORIZING THE CONTINUATION OF THE NIGHT QUARANTINE ON DOGS IN CAYUGA COUNTY. BY: Hon. Michael Didio, Chair, Government Operations Committee. WHEREAS, the present night quarantine on dogs will soon expire, and WHEREAS, it is the desire of this committee and the Cayuga County Legislature to have the night quarantine on dogs continued; therefore be it RESOLVED, that this Legislature hereby orders that the night quarantine on dogs be continued until December 31, 2015 in accordance with Section 122 of the New York State Agriculture and Markets Law which defines “night” as between sunset and one hour after sunrise; and be it further RESOLVED, that a certified copy of this resolution be forwarded the Town Clerks of the twenty three Towns of the county and the City Clerk of the City of Auburn; and be it further, Tuesday, November 25, 2014 ---PAGE BREAK--- 327 RESOLVED, that the Clerk of the Legislature shall publish a copy of this resolution in our officially designated newspapers. Signed by: Didio, Batman, Baxter, Foley, Lattimore, Runkle and Vitale, all in favor, except Pecher opposed. RESOLUTION NO. 416-14 11/25/14 PT MGR Winter Performances rev AUTHORIZING THE MERRY-GO-ROUND (MGR) PLAYHOUSE TO HOLD WINTER PERFORMANCES AND TO ASSUME ALL EXPENSES ASSOCIATED WITH HOLDING OF SAID PERFORMANCES AND AUTHORIZING THE CHAIRMAN OF THE CAYUGACOUNTY LEGISLATURE TO EXECUTE DOCUMENTS BY: Mr. Tucker Whitman, Chairman, Public Works Mr. Joe Runkle, Chairman, Ways & Means Committee WHEREAS, the Merry-Go-Round Playhouse would like extend their season in 2015 to put on holiday performances; and WHEREAS, in order for performances to be held at the MGR Theatre during the winter months the concession bathroom would need to be insulated and a heating system installed, and snow removal must be provided; and WHEREAS, the MGR Playhouse has agreed to assume all costs and expenses associated with and resulting from the extended season, including installing heat and insulation in the concession bathroom, and the additional utility expenses including elec- tric, water and gas, and hiring a private contractor to plow and salt the parking lots and sidewalks; and WHEREAS, the Parks Commission is in support of the extended season with the condition that all expenses associated with the extension be paid for by the MGR; now, therefore, be it RESOLVED, that the MGR Playhouse is hereby authorized to extend their season beginning in 2015 to include holiday performances; and be it further RESOLVED, MGR Playhouse is authorized to seek a minimum of 3 quotes for the insulation and installation of heat in the concession stand bathrooms and copies of said quotes are to be provided to the Parks Department, the County Attorney and the County Code Enforcement Officer for his approval; and be it further RESOLVED, that MGR Playhouse will assume all costs and expenses associated with and resulting from the extended season, including installing heat and insulation in the concession bathroom, and the additional expenses of electric, water and heat, and hiring a private contractor for snow removal, and be it further RESOLVED, the county attorney is hereby authorized and directed to create any agreements he deems legally necessary and appropriate, and be it further RESOLVED, the Chairman of the Cayuga County Legislature is hereby authorized to sign any agreements required to carry out the intent of this resolution. Signed by: Whitman, Bennett, Pecher, Runkle, Vitale, Didio, Farrell, and Pinckney, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 328 RESOLUTION NO. 417-14 11/25/14 PT Abolish Vacant Positions 1125 14 AUTHORIZATION TO ABOLISH VACANT POSITIONS WITHIN CIVIL SERVICE POSITION CONTROL FILES FOR THE CAYUGA COUNTY PARKS AND TRAILS DEPARTMENT BY: Tucker M, Whitman, Chairman, Public Works Committee, and Joseph L, Runkle, Chairman, Ways & Means Committee. WHEREAS, the Civil Service Commission after reviewing the vacant position con- trol files for the Cayuga County Parks and Trails Department prepared a report with vacant positions; and WHEREAS, upon examination by the Superintendent of Buildings and Grounds and the Assistant Park Maintenance Supervisor it was determined that the attached listing of vacant positions could be abolished; therefore be it RESOLVED, that the attached listing of vacant positions are hereby abolished; and be it further RESOLVED, that the Civil Service Commission be authorized to abolish the posi- tions from the position control files for the Parks and Trails Department. Signed by: Whitman, Bennett, Pecher, Runkle, Vitale, Didio, Farrell, and Pinckney, all in favor. RESOLUTION NO. 418-14 11/25/14 BLD Direct Energy Last Year 11 14 AUTHORIZING THE TRANSFER OF FUNDS FROM THE CONTINGENCY ACCOUNT #A10164-54000 INTO THE ELECTRICAL SERVICE ACCOUNT A16204-54023 FOR THE COUNTY OFFICE BUILDING TO ALLOW THE ELECTRICITY BILLS FROM 2013 TO BE PAID TO DIRECT ENERGY By: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, Cayuga County received an invoice from Direct Energy on August 14, 2014 in the amount of $73,876.76 for electricity used by the county in the year 2013; and WHEREAS, the County Auditor investigated the invoice and found that the county had already paid for $7,634.99 of the electricity on the invoice leaving a balance due to the vendor of $66,241.77; and WHEREAS, Direct Energy agreed to allow the county to pay this bill in three equal payments of $22,080.59 over a three month period; and WHEREAS Buildings and Grounds Department does not have funds in the 2014 budget to cover these charges from 2013; now therefore be it RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to transfer $66,241.77 from the Contingency Fund Account # A10164-54000 into the Electric Service Account for the County Office Building Account # A16204-54023. Signed by: Whitman, Bennett, Pecher, Runkle, Vitale, Didio, Farrell, and Pinckney, all in favor, Tuesday, November 25, 2014 ---PAGE BREAK--- 329 Discussion: Lattimore says in the future with these contracts I would like to make sure the Power Authority has viewing of these contracts. He says I have been working with Sinclair in regards to possible bringing in Seneca County to in- crease our loads so we can get a better rate on our energy bills. 2/3 vote all in favor, except Lattimore voting no, Chapman is excused. RESOLUTION NO. 419-14 11/25/14 EMS MEDICAL DIRECTOR SALARY AUTHORIZING THE REDUCTION OF THE SALARY FOR THE EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR POSITION (PART TIME), POSITION NUMBER 004909, AND AUTHORIZING THE AMMENDMENT OF THE 2015 CAYUGA COUNTY COMPENSATION PLAN FOR THE POSITION OF EMS MEDICAL DIRECTOR IN NON-BARGANING PART II FOR 2015 TO A SALARY COMENSURATE WITH DUTIES AND RESPONSIBILITIES OF THE POSITION BY: Mr. Mark D. Farrell, Chairman, Judicial & Public Safety Committee, and Mr. Joseph L. Runkle, Chairman, Ways & Means Committee. WHEREAS, Cayuga County did, by Resolution number 56-01, on January 23rd, 2001, create the position of Cayuga County Medical Director, Part-Time, to meet the dynamic needs of emergency medical services education, and the requirements set forth by the New York State Department of Health relative to Medical Direction for Emer- gency Medical Services Course Sponsorship; and WHEREAS, the Cayuga County Emergency Medical Services Course Sponsorship has evolved from an Advanced Life Support Course Sponsorship to a Basic Life Support (BLS) Course Sponsorship, and the obligations of and responsibilities for this position have decreased; and WHEREAS, the Director of Emergency Services and Dr. Mary Lee DiRubbo, the present Emergency Medical Services Medical Director, have reviewed the duties and responsibilities of the position and the demand placed upon Dr. DiRubbo, and have determined collaboratively, that a salary adjustment / reduction is prudent and appropri- ate; now, therefore, be it RESOLVED, that the Cayuga County Legislature authorizes the reduction of the base salary for the position of Cayuga County Medical Director from $15,438.00 to $7,500.00; and be it further RESOLVED, that the Cayuga County Part II Non-Bargaining Compensation Plan be amended to reflect this action. Signed by: Farrell, Bennett, Didio, Pinckney, Reginelli, Vitale, Whitman, Runkle and Pecher, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 330 RESOLUTION NO. 420-14 11/25/14 EMO 2014 TRGP GRANT AUTHORIZING THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF EMERGENCY SERVICES TO ACCEPT A NEW YORK STATE HOMELAND SECURITY TECHNICAL RESCUE GRANT (TRGP) TO ENHANCE THE ALL HAZARDS TECHNICAL RESCUE PREPAREDNESS AND RESPONSE CAPABILITIES OF CAYUGA COUNTY, AND TO AUTHORIZE THE CAYUGA COUNTY TREASURER TO AMEND THE EMERGENCY MANAGEMENT 2014 BUDGET (A 3640) BY CREATING A REVENUE AND A CONTRACTUAL LINE IN ORDER TO ACCEPT AND EXECUTE THE PURPOSES OF THE GRANT. BY: Mr. Mark D. Farrell, Chairman, Judicial & Public Safety Committee, and Mr. Joseph L. Runkle, Chairman, Ways & Means Committee. WHEREAS, the Cayuga County Office of Emergency Services applied for and the County was granted $89,550.00 in State Homeland Security funding targeted for all hazards Technical Rescue to enhance preparedness and response capabilities of Cayuga County by strengthening the County’s ability to plan for, train for, respond to, and recover from Technical Rescue related hazards, emergencies and disasters. WHEREAS, the funds from this Grant will be utilized to strengthen and enhance the County’s Technical Rescue capabilities through a comprehensive all hazards planning, training, response, mitigation and recovery approach, which will include purchasing equipment to strengthen the Technical Rescue all hazards response; Now therefore, be it. RESOLVED, that the Chairman of the Cayuga County Legislature and the Director of Emergency Services are hereby authorized to accept this Grant and to sign any and all documents necessary for acceptance and execution of the Grant; and be it further RESOLVED, that the County Administrator is authorized to advertise for bids for equipment not listed on NYS OGS Contract; and be it further RESOLVED, that the Chairman of the Legislature be authorized to enter into con- tracts with vendors in order to accomplish the goals and objectives set forth in the Grant Contract without further Legislative Action; and be it also RESOLVED, the Cayuga County Treasurer’s Office is hereby authorized and directed to create and amend the 2014 Emergency Management A3640 Budget in the following manner: Create Revenue Account A36470 44334 Homeland Security Technical Rescue 14 $89,550.00 Create Contractual Account A36474 54533 Homeland Security Technical Rescue 14 $89,550.00 Signed by: Farrell, Bennett, Didio, Pinckney, Reginelli, Vitale, Whitman, Runkle and Pecher, all in favor. RESOLUTION NO. 421-14 11/25/14 SHR Accept Bullet Proof Grant AUTHORIZING THE CAYUGA COUNTY SHERIFF’S OFFICE TO ACCEPT FUNDING FROM THE 2014 BULLET PROOF VEST PARTNERSHIP GRANT FROM THE BUREAU OF JUSTICE ASSISTANCE (BJA). BY: Mr. Mark Farrell, Chairman, Judicial & Public Safety Committee Mr. Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the Cayuga County Sheriff’s Office applied for (Res. No. 151-14) and was chosen to receive monies through a Grant from the Bureau of Justice Assistance Tuesday, November 25, 2014 ---PAGE BREAK--- 331 (BJA) for the purpose of purchasing personal protective equipment, specifically body armor/ballistic vests; and WHEREAS, body armor/ballistic vests have been proven to be an absolute neces- sity to ensuring the safety of officers wearing these vests and many of the vests currently worn by Members of the Custody Division are outdated, unsafe and showing signs of deterioration; and WHEREAS, this Grant would provide 50% of the funding for authorized body armor/ballistic vests upon submission of receipts in an amount up to $23,042.25 to a maximum reimbursement of $11,521.12; now therefore be it RESOLVED, that the Cayuga County Sheriff’s Office be allowed to accept funding under the Bullet Proof Vest Partnership. Signed by: Farrell, Bennett, Didio, Pinckney, Reginelli, Vitale, Whitman, Runkle and Pecher, all in favor. RESOLUTION NO: 422-14 11/25/14 SHRFILLJAILVACANCY AUTHORIZE THE SHERIFF TO FILL ONE VACANT SHERIFF CUSTODY OFFICER POSITION IN THE CUSTODY DIVISION OF THE CAYUGA COUNTY SHERIFF’S OFFICE. BY: Mr. Mark Farrell, Chair, Judicial & Public Safety Committee Mr. Joseph Runkle, Chair, Ways & Means Committee WHEREAS, a vacancy in the Cayuga County Sheriff’s Office, Custody Division, has occurred due to the resignation of a Sheriff Custody Officer (Position Control No. SYS) effective August 29, 2014; and WHEREAS, it is mandated by the New York State Commission of Correction that the Cayuga County Sheriff’s Department Custody Division maintain a certain number of Custody Officer Positions to comply with the minimum staffing complement as the services provided by these positions are critical for maintaining the safe, smooth and efficient operation of the Sheriff’s Office Custody Division and due to this vacancy, reduces the minimum staffing to one below state mandates; and WHEREAS, this position is designated and accepted in the 2014 Cayuga County Sheriff’s Custody Salaries Operating Budget A31501 51001; now therefore be it RESOLVED, that the Sheriff be hereby authorized and directed to fill Sheriff Cus- tody Officer Position Control No. +-SYS; and be it further RESOLVED, the employee hired will be placed at the appropriate step within the Sheriff’s Employee Association of Cayuga County (SEACC) Compensation Plan for 2007-2011; and be it further RESOLVED, that this position be filled in accordance with the Civil Service Rules and Regulations and the Policies of the County of Cayuga. Signed by: Farrell, Bennett, Didio, Pinckney, Reginelli, Vitale, Whitman, Runkle and Pecher, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 332 RESOLUTION NO. 423-14 11/25/14 SHR-FIGHTALCOHOLSALEMINORS AUTHORIZING THE SHERIFF OF CAYUGA COUNTY TO ACCEPT FUNDING THROUGH THE ONONDAGA COUNCIL ON ALCOHOLISM/ADDICTIONS, INC. EARMARKED FOR OVERTIME TO COMBAT SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES TO MINORS BY: Mr. Mark Farrell, Chairman, Judicial & Public Safety Committee Mr. Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the Cayuga County Sheriff’s Office was contacted by the Council on Alcoholism/Addictions, Inc. to provide assistance in deterring sales of alcoholic bever- ages to minors and offered $1,965.82 to cover overtime and benefits associated with such aid; and WHEREAS, the Cayuga County Sheriff’s Office is in need of overtime funds en- abling it to increase its efforts to identify and inform County establishments that this practice is against the law and will enforce the laws; and WHEREAS, this funding would cover 100% of overtime and benefits up to $1,965.82; now therefore be it RESOLVED, that the Cayuga County Sheriff’s Department be allowed to accept such funding to cover wages and benefits used for the above purpose: and be it further RESOLVED, that the 2014 Cayuga County Sheriff’s Office budget be amended to increase Unclassified Revenue A31100 42720 by $1,965.82 and increase the following items: A31101 51003 Salaries-OT by $1,431.45, A31101 58002 Retirement by $424.86 and A31101 58001 Soc Sec by $109.51 to cover wages and benefits on this overtime; and be it further RESOLVED that the Cayuga County Treasurer is authorized to make the journal and accounting entries required to implement the intent of this resolution. Signed by: Farrell, Bennett, Didio, Pinckney, Reginelli, Vitale, Whitman, Runkle and Pecher, all in favor. RESOLUTION NO. 424-14 11/25/14 SHR AUTHORIZING THE CAYUGA COUNTY SHERIFF’S OFFICE TO APPLY AND ACCEPT FUNDING THROUGH THE 2014 SLETPP (STATE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM) GRANT FROM THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES TO SUPPORT PREVENTION AND PREPAREDNESS EFFORTS BY: Mr. Mark Farrell, Chairman, Judicial & Public Safety Committee Mr. Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the Sheriff’s Office applied for and received funding of $38,750 for a Grant from the Division of Homeland Security and Emergency Services to provide fund- ing for the law enforcement community to support their terrorism and preparedness efforts; and WHEREAS, all equipment and training through the Grant will require no match of funding by the County and will be 100% funded by the Department of Homeland Secu- rity; now therefore be it Tuesday, November 25, 2014 ---PAGE BREAK--- 333 RESOLVED, that the Cayuga County Sheriff’s Office is hereby permitted to apply for monies available through the Department of Homeland Security State Law Enforce- ment Prevention Program; and be it further RESOLVED, that the Chairman of the Legislature be authorized to sign the neces- sary documentation to accept the 2014 funding; and be it further RESOLVED, that the Cayuga County Sheriff’s Grant Budget be amended to in- crease A31130 44501 DHSES SLETPP 2013 by $38,750 and increase A31132 52100 EQUIPMENT TRACKABLE 2014 by $38,750: and be it further RESOLVED, that the Cayuga County Treasurer is authorized to make the journal and accounting entries required to implement the intent of this resolution. Signed by: Farrell, Bennett, Didio, Pinckney, Vitale, Whitman, Runkle and Pecher, all in favor. RESOLUTION NO. 424A-14 11/25/14 SHR-ApplyAntiDrugEffortGrant AUTHORIZING THE SHERIFF OF CAYUGA COUNTY PERMISSION TO APPLY FOR A LEGISLATIVE INITIATIVE GRANT EARMARKED FOR ANTI- DRUG/ANTI-VIOLENCE EFFORTS THROUGH THE DIVISION OF CRIMINAL JUSTICE BY: Mr. Mark Farrell, Chairman, Judicial & Public Safety Committee Mr. Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the Cayuga County Sheriff’s Office was contacted by State Senator Mike Nozzolio’s Office and offered a Legislative Initiative of $30,000.00 of funding to be earmarked for anti-drug/anti-violence efforts; and WHEREAS, the Cayuga County Sheriff’s Office is in need of overtime funds to pursue tips on the Heroin Hotline and this Grant would cover 100% of overtime and benefits in an amount up to $30,000.00 expended pursing tips received to the Heroin Hotline, as well as tips from the website; now therefore be it RESOLVED, that the Cayuga County Sheriff’s Office be allowed to apply for such funding to cover wages and benefits used for the above purpose; and be it further RESOLVED, that the Chairman of the Legislature be authorized to sign the neces- sary documentation to accept the funding; and be it further RESOLVED, that the 2014 Cayuga County Sheriff’s Office budget be amended to increase State Aid-DCJS 2014-2015 Revenue A31100 43022 of $30,000.00, increase DCJS 2014-2015 A31134 54583 by $30,000.00 to cover wages and benefits on this overtime; and be it further RESOLVED that the Cayuga County Treasurer is authorized to make the journal and accounting entries required to implement the intent of this resolution. Signed by: Farrell, Bennett, Didio, Pinckney, Vitale, Whitman, Runkle and Pecher, all in favor. Motion by Farrell to correct the amount from $82,222.49 to $92,498.49, 2nd by Didio, all in favor. Resolution as amended by Farrell, 2nd by Runkle, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 334 RESOLUTION NO. 425-14 11/25/14 911change order intrado rev2 AUTHORIZATION TO AMEND CONTRACT WITH INTRADO AND SIGN A CHANGE ORDER TO INCLUDE TEXT TO 911 INFRASTRUCTURE AND MAPFLEX SOFTWARE. THE CONTRACT IS PART OF PROJECT #14-03 INTEROPERABLE COMMUNICATIONS PROJECT AND AMENDING RESOLUTION NO. 375-14. BY: Mr. Mark Farrell, Chairperson, Judicial and Public Safety Committee Mr. Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, Cayuga County is in the process of implementing a new Intrado tele- phony system; and WHEREAS, through Round 3 of the Statewide Interoperability Emergency Com- munications Grant (SICG) Cayuga County has received funding to implement said sys- tem; and WHEREAS, Resolution No. 375-14 authorized the Chairman of the Cayuga County Legislature to sign a contract with Intrado at a cost not to exceed $668,674.00, as autho- rized in the SICG award; and WHEREAS, Intrado has submitted a change order for items for work which is part of the SICG award but which was inadvertently omitted from the Resolution No. 375- 14 in the amount of $82,222.49; and WHEREAS, this project will be 100% reimbursed through the SICG award; and WHEREAS, Capital H 14-03 Interoperable Communications Project was estab- lished with Resolution No., 94-14 for this purpose; now therefore be it RESOLVED, that the Chairman of the Cayuga County Legislature be authorized to sign a change order with Intrado in the amount of $82,222.49 for these new projects bringing the Intrado contract to $750,896.49; and be it further RESOLVED, that the Cayuga County Treasurer make all the necessary journal and accounting entries to accomplish the foregoing; and be it further RESOLVED, that Resolution No. 375-14 is amended in accordance with this resolu- tion. Signed by: Farrell, Bennett, Didio, Pinckney, Vitale, Whitman, Runkle and Pecher, all in favor. Motion by Baxter to refer local law to Health and Human Services committee on December 4th and to schedule a public hearing for December 16th, 2014, 2nd by Pecher, all in favor. RESOLUTION NO. 426-14 11/25/14 COA LL prohibitdisposalfrackingwaste-appADP TO ADOPT LOCAL LAW NO. FOR THE YEAR 2014, A LOCAL LAW PROHIBITING THE SALE, APPLICATION, AND DISPOSAL OF WASTE ASSOCIATED WITH OIL AND NATURAL GAS EXPLORATION, EXTRACTION AND STORAGE ACTIVITIES. BY: Cayuga County Legislature WHEREAS, Local Law for the year 2014, a Local Law Prohibiting the Sale, Application, and Disposal of Waste Associated with Oil and Natural Gas Explora- tion, Extraction and Storage Activities; and Tuesday, November 25, 2014 ---PAGE BREAK--- 335 WHEREAS, pursuant to law and after proper notice having been given, the County Legislature held a public hearing on said Local Law No. for the year 2014 on Novem- ber 25, 2014 at 6:30 P.M.; now, therefore be it ENACTED, that the Cayuga County Legislature does hereby adopt Local Law No. for 2014, A Local Law Prohibiting the Sale, Application, and Disposal of Waste Associated with Oil and Natural Gas Exploration, Extraction and Storage Activities; and be it further RESOLVED, that the Clerk of the County Legislature publish notice of the adop- tion of the proposed said Local Law in the official newspapers of Cayuga County, one time per week for each of two weeks, the first publication to be within ten (10) days of its effective date. NOT CERTIFIED Discussion: Pecher says I feel we need to make significant changes to this law. He says in its present form I cannot support it. Whitman says given all the discussions on this local law this evening I would personally like it see this go back through commit- tee. He says that way when it comes back to this body on December 16th it should be a much more solid piece. Lattimore says we need to look more into the import- ing of this waste into our county. Batman says I don’t have a problem with it going back through. He says he thinks it would be good based on what we have heard today so we can address some of these issues. He says I suggest amending this law then send the amended version back through committee so the committee is dis- cussing the revised version. Baxter says with this local law I think it doesn’t matter if it’s the last local law of 2014 or the first local law of 2015, I think it should go back through committee and we should have another public hearing. Mahunik say I agree we should have another public hearing so we have everything in place. He says we have been kicking this around for a few months now and we need to make a good informed decision on this issue. RESOLUTION NO. 427-14 11/25/14 TRE MCDC INITIATIVE A RESOLUTION AUTHORIZING THE COUNTY TREASURER OR HIS DESIGNEE TO SELF-REPORT AND ACCEPT SETTLEMENT TERMS UNDER THE SECURITIES AND EXCHANGE COMMISSION’S MUNICIPALITIES CONTINUING DISCLOSURE COOPERATION INITIATIVE (“MCDC”); AND PRESCRIBING OTHER MATTERS PERTAINING THERE TO. WHEREAS, on March 10, 20 14, the Securities and Exchange Commission (the “SEC”) announced its Municipalities Continuing Disclosure Cooperation Initiative (“MCDC”), which is designed to afford favorable treatment terms to municipal issuers (collectively “issuers”), such as the County of Cayuga, New York (the “County”), if applicable, as well as underwriters, with respect to any instances in the previous five years in which an issuer failed to comply, “in all material respects’’, with its continuing disclosure undertakings under SEC Rule 15c2-12; and WHEREAS, to participate in the MCDC program, an issuer must self-report pos- sible material misstatements or omissions relating to prior compliance with its continuing disclosure obligations no later than December 1, 2014; and Tuesday, November 25, 2014 ---PAGE BREAK--- 336 WHEREAS, if the SEC staff recommends an enforcement action against an issuer as a result of self-reporting, the issuer must, without admitting or denying the findings of the SEC, comply with certain recommended settlement terms, and must agree to accept a settlement pursuant to which the issuer consents to the institution of a cease and desist proceeding by the SEC against it that will be a matter of public record; and WHEREAS, as part of any settlement, the issuer must undertake to follow certain procedures, including (but not limited to) the following: establishing appropriate policies and procedures and training regarding continuing disclosure undertaki ngs; (ii) complying with existing continuing g disclosure undertakings, including updating past delinquent filings within 180 days; (iii) cooperating with any subsequent investigation by the SEC, including the roles of individuals municipal officials) or other parties involved in the offering; (iv) disclosing in a clear and conspicuous fashion the settlement terms in any official statement for an offering by the issuer within the next five years; and providing the SEC with a compliance certificate regarding the foregoing on the one year anniversary of the date of the institution of the proceedings; and WHEREAS, for issuers participating in MCDC there will be no civil penalties imposed by the SEC; and WHEREAS, the County may determine that it is in the best interest of the County to self-report certain statements, either because it is concerned the SEC may view them as· a material misstatement, because an underwriter has elected to self-report such state- ments, or because of other valid business considerations, and the County Treasurer or his designee needs to be authorized to self-report and in so doing to consent to the applicable settlement terms under MCDC; THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE COUNTY OF CAYUGA, NEW YORK, AS FOLLOWS: Section 1. The County Treasurer, or his designee, be, and hereby is, authorized and directed to self-report under MCDC, if applicable, and to accept the MCDC settlement terms (including a cease and desist proceeding), if applicable, all under terms and condi- tions acceptable to the Chairman or his designee, if it is determined to be in the best interests of the County. Section 2. If because of travel or other reasons the Chairman is unavailable to make any self-report authorized by this Resolution, the Vice Chairperson is hereby authorized to take all action the Chairman is authorized to take pursuant to this Resolution. Section 3.This resolution shall take effect immediately. Motion to by Farrell to adjourn at 8:23PM, 2nd by Mahunik, all in favor. Tuesday, November 25, 2014 ---PAGE BREAK--- 337 MINUTES SPECIAL MEETING Cayuga County Legislature Wednesday, December 3, 2014 @ 6:00 PM Chambers, 6th Floor CCOB CALL TO ORDER: Hon. Michael Chapman, Chairman at 6:07PM, all Legislators present. ROLL CALL: Sheila Smith, Clerk of the Legislature PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: TOPIC: Executive Session- The Employment History of a Particular Person Motion by Didio to go into Executive Session at 6:08PM, re: the employment history of a particular person, 2nd by Bennett, all in favor. Motion by Farrell to come out of Executive Session at 8:34PM, 2nd by Foley, all in favor. Motion by Vitale to move forward with all items, 2nd by Baxter, all in favor. Increase Sales Tax by 0.50% Eliminate $7,500 from the Contingency account Eliminate one Corner part-time investigator position Increase tax levy 2.29% Eliminate vacation buy out Eliminate part-time Fire Coordinator position and mileage associated with that position decrease unemployment by $196,000 Eliminate one road patrol position in the Sheriff Department Ask Sheriff’s Department to cut $50,000 from there budget Cut Sheriff’s Department, 3 cars and associated equipment $30,000 Increase $30,000 to Soil & Water Department Eliminate one part-time ADA position Office for the Aging, increase grant expenditures, $10,000 County Administrator is to find and additional $100,000, in positions or other county expenditures Sheriff is to cut an additional $12,000 in miscellanies expenditures Runkle states, put all 30 positions back in Motion by Lattimore to put all 30 positions back in, 2nd by Pinckney, all in favor. Wednesday, December 3, 2014 ---PAGE BREAK--- 338 MOTION NO. 428-14 12-3-14 Motion by Bennett to approve all changes listed, 2nd by Baxter, all in favor, except Pecher voting no. Motion approved LEGISLATIVE CHANGES PASSED BY WAYS & MEANS COMMITTEE TO AMEND THE 2015 PRELIMINARY BUDGET PAGE REVENUE EXPENSE NEW TOTAL Legislature Increase Sales Tax A10100-41110 11 216,750 44,000,250 Increase Distribution of Sales Tax 15 108,375 22,000,125 A10154-54000 Property Tax Increase A13525 -41001 47 521,462 38,327,451 Unemployment - Decrease A13251-58007 48 (196,000) 12,000 Contingent Account - Decrease Youth A10164-54000 16 (7,500) 0 Vacation Buy-Out - Decrease A10401-51008 123 (1,000) 0 A11651-51008 156 (14,238) 0 A11661-51008 159 (2,805) 0 A11681-51008 161 (2,471) 0 A31501-51008 198 (4,000) 0 A36401-51008 170 (3,000) 0 A40101-51008 257 (6,000) 0 A60101-51008 301 (10,000) 0 Sheriff’s Department Eliminate 3 cars A31102-52005 193 (96,000) 0 A31104-54009 193 (30,000) 0 Wednesday, December 3, 2014 ---PAGE BREAK--- 339 Soil and Water Conservation District A87304-54000 29 30,000 648,517 OFA - Increase Grant Expenditures A67724-54118 294 10,000 282,000 Emergency Management Office Decrease Mileage A36404-54112 171 (2,000) 7,500 Fund Positions DA -FT ADA A11651-51001 156 61,203 730,402 A11651-58001 156 3,452 56,132 A11651-58002 156 6,487 120,789 A11651-58005 156 1,502 24,438 Treasurer - PT position A13251-51002 47 29,810 594,130 A13251-58001 47 2,191 44,981 A13251-58005 47 954 19,584 Real Property- FT position A13551-51001 41 36,838 287,936 A13551-58001 41 2,707 21,275 A13551-58002 41 5,813 52,910 A13551-58003 41 5,347 60,313 A13551-58004 41 395 2,370 A13551-58005 41 1,179 9,263 County Clerk - PT position A14101-51002 106 16,182 36,935 A14101-58001 106 1,189 28,517 A14101-58002 106 1,715 71,639 A14101-58005 106 518 12,416 Motor Vehicle- FT position A14111-51001 108 39,733 329,411 A14111-58001 108 2,921 26,914 A14111-58002 108 6,270 62,528 A14111-58004 108 395 2,370 A14111-58005 108 1,272 11,718 County Attorney-2 FT positions A14201-51001 97 106,762 363,675 A14201-58001 97 7,847 30,493 Wednesday, December 3, 2014 ---PAGE BREAK--- 340 A14201-58002 97 20,477 66,913 A14201-58003 97 15,159 40,573 A14201-58004 97 789 2,764 A14201-58005 97 3,417 13,276 Human Resources- FT position A14301-51001 57 21,480 241,854 A14301-58001 57 1,578 20,205 A14301-58002 57 5,549 45,572 A14301-58003 57 5,941 21,322 A14301-58004 57 395 2,370 A14301-58005 57 687 8,797 Board of Elections - 2 PT positions A14501-51002 85 34,668 63,244 A14501-58001 85 2,548 10,992 A14501-58002 85 3,325 20,690 A14501-58005 85 1,110 4,786 IT- FT position A16101-51001 117 59,518 119,336 A16101-58001 117 4,375 9,102 A16101-58002 117 11,416 23,752 A16101-58003 117 5,347 16,636 A16101-58004 117 395 790 A16101-58005 117 1,905 3,963 Buildings - PT position A16201-51002 207 17,809 17,809 A16201-58001 207 1,309 29,151 A16201-58002 207 1,888 75,866 A16201-58005 207 569 12,691 Sheriff’s- 3 FT positions A31101-51001 192 171,832 2,365,936 A31101-58001 192 12,630 186,281 A31101-58002 192 43,444 636,943 A31101-58003 192 19,845 256,871 A31101-58004 192 1,185 15,007 A31101-58005 192 5,499 81,102 Probation- FT position A31401-51001 179 35,468 731,398 A31401-58001 179 2,609 58,049 A31401-58002 179 8,089 135,413 Wednesday, December 3, 2014 ---PAGE BREAK--- 341 A31401-58003 179 11,288 76,048 A31401-58004 179 395 5,134 A31401-58005 179 1,135 25,273 EMO- FT position A36401-51001 170 37,412 169,225 A36401-51002 170 (9,148) 36,818 A36401-58001 170 1,857 15,228 A36401-58002 170 7,176 38,310 A36401-58003 170 5,347 20,728 A36401-58004 170 395 1,580 A36401-58005 170 809 6,630 Parks- FT position A71101-51001 217 35,642 159,345 A71101-58001 217 2,620 22,579 A71101-58002 217 6,836 39,513 A71101-58003 217 5,347 20,505 A71101-58005 217 1,140 9,830 Planning - PT position A80201-51002 71 18,788 18,788 A80201-58001 71 1,381 38,753 A80201-58002 71 1,991 89,700 A80201-58005 71 601 16,872 Health- FT position A71101-51001 257 36,212 1,240,160 A71101-58001 257 2,221 98,920 A71101-58002 257 6,946 244,768 A71101-58005 257 967 43,067 TOTAL 738,212 815,656 Total Impact on A Fund Balance (77,444) D Fund Vacation Buy-Out - Decrease Decrease D51101-51008 239 (6,000) 0 Fund Positions Highway - 2 FT positions D51101-51001 237 76,001 1,872,422 D51101-58001 237 5,145 159,423 D51101-58002 237 8,665 404,965 Wednesday, December 3, 2014 ---PAGE BREAK--- 342 D51101-58003 237 10,694 290,200 D51101-58004 237 790 16,982 D51101-58005 237 2,240 69,409 TOTAL 0 97,535 Total Impact on DM Fund Balance (97,535) DM Fund Fund Positions Highway - FT position DM51301-51001 243 42,492 381,558 DM51301-58001 243 3,123 28,283 DM51301-58002 243 4,504 58,444 DM51301-58003 243 11,289 43,966 DM51301-58004 243 394 2,764 DM51301-58005 243 1,360 12,314 TOTAL 0 63,162 Total Impact on DM Fund Balance (63,162) Motion by Didio to adjourn at 8:40PM, 2nd by Pinckney, all in favor. Wednesday, December 3, 2014 ---PAGE BREAK--- 343 MINUTES SPECIAL LEGISLATURE MEETING THURSDAY, DECEMBER 11, 2013, 6:00PM 160 GENESEE ST, 6th FLOOR, CHAMBERS, AUBURN, NY 13021 CALL TO ORDER: Hon. Michael H. Chapman, Chairman, At 6:00PM ROLL CALL: Sheila Smith, Clerk of the Legislature, all Legislators present, Reginelli arriving at 6:08PM and excused Foley. PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: TOPIC: Public Hearing on the 2015 County Budget 6:00PM. Opened at 6:01PM Chapman, I would like to outline what we are going to do in regards to the agenda; I call on Ms. Sinclair to give us an update from our December 3rd meeting, so we are all on the same page as our recommendations from that meeting to not appear on this preliminary budget, please refer to page numbers when making changes. We will move on to speakers for the Public Hearing after that. Ms. Sinclair, my task from the Legislature was to bring in a budget that was balanced, in the sense not using any fund balance to balance the budget, it should be based on revenues and expenditures. I needed to fill a 1.6 million dollar gap and I did do that by proposing a list of possible position eliminations, because in the end that’s kind of what you are left with. That was considered with a 1.5% tax levy, which corresponds to the tax cap as presented and the 31 positions and it actually added a few hundred dollars to the fund balance, $885.00. At the Ways & Means meeting changes were made to the tentative budget and they were voted on and that did increase the expenditures and the revenues and increased the fund balance use by $132,534.00. At the December 3rd meeting the Legislature decided not to eliminate all the positions considered in the earlier budget, they felt that the estimate for sales tax revenue was low, so they did increase that. They considered a larger property tax increase and those changes came to increase revenue by $738,000 and they increased expenditures by 815,000, bringing the new use of fund balance to $209,093. Chapman, could you go over the changes we made on the 3rd of December? Sinclair, the Legislature considered increas- ing the sales tax by $216,750, a increase, that intern generated a distribution of sales tax, because the city and county share that so the expenses went up by $108,375. They considered a Property tax increase that would generate an additional $521,462, because they had decided to restore many of the positions the unemployment expense went down by $196,000. They moved an amount for the youth account, the fair, of $7,500. They eliminate a vacation buy out, about $35,000. The 3 cars the Sheriff intended to purchase were eliminated along with the accessories that go with that, $126,000. The Soil and Water conservation District was restored by $30,000. The Office for the Aging expenditures was increased by $10,000. The Emergency Management Office mileage was decreased by $2,000. There was a decision to fund positions in; the District Attorney’s Office, a FT ADA, Treasurer’s Office, a PT position, Real Property, a FT position, Thursday, December 11, 2014 ---PAGE BREAK--- 344 County Clerk’s Office, a PT position, DMV, a FT position, County Attorney’s Office, 2 FT positions, Human Resources, a FT position, Board of Elections, 2 PT Positions, Information Technology, a FT position, Buildings & Grounds, a PT position, Sheriff’s Office 3 FT positions, Probation, a FT position, Emergency Management Office, a FT position, Parks, a FT position, Planning, a PT position and Health, a FT position. The total of the changes increased the salary and wages expense by $815,656 and increased revenue by $738,212. Lattimore we have reduced the number of the employees of the county by how much? Chapman responds, over the last 4 years we have gone from 962 to 757, so in cooperation with Department Heads we have been looking at positions, if they become vacant, we ask them to hold them for 30 days for the salary sweep. We have done a pretty good job over the last four years. Sinclair, added these were not included in the changes, but the request was made for the Department Heads to come up with another $100,000 in additional cuts, as well as the Sheriff. The County Clerk, Planning, EMO, Human Resources, Probation and the Treasurer’s Office and they did generate another $47,737 and I would add to that a vacant Planning position and would generate with fringes and estimated $70,000, so this would be almost $100,000 after you make the adjustment. There are alternatives to that, the CEDA contract, the Legislature could decide to adjust that amount. Public Hearing Speakers: Payton Vangers, 3093 Black St., Scipio Ctr., NY, re: funding for Big 6, handout attached to original minutes. Katie Bower, 1455 Great Gully Rd., Union Springs, NY, re: funding for the Big 6, handout attached to original minutes. Heather Whitten, Black St., Scipio Ctr., NY, re: funding for Big 6, handout attached to original minutes. Bill Balyszak, 6039 South St. Rd., Auburn, NY, this is a Public Hearing on the County Budget, where is the public? My understanding of the sales tax is that it has increased, how much has it increased over budget? Orman responds, maybe 150/160 over budget, big push in November and December, maybe $250,000 to $300,000. Balyszak, so roughly ½ million increase over budget. Chapman, no that’s not right. Marinelli, I think we are right about on budget. The County is getting a double whammy here; by you people increasing the tax levy by 2.9% and going over the tax cap, now we the County tax payers wind up paying more taxes, plus the fact that we will not get one of these checks back, property tax freeze credit, because you blew it, you went over the tax cap. We pay the county more in taxes and not get a refund from the state. May I suggest that you look at your fund balance. How much is the fund balance now, Sinclair responds about 12.5 million. Balyszak, how much would you need to take out of there to get it down to the tax cap, Sinclair responds, it would be the amount that the increase would generate, which I believe is around 500,000. You whack us with 2.9% and you’re not getting anything from the state back. The County Administrator initially made a cut of 30 positions, then you had a meeting and from what I read in the paper, 26 were put back on the books, so basically you have negated what you hired this lady to do. She gave you her plan to balance the budget and you said nay what do you know; we want these positions back on. Where is the money coming from, we’ll raise your taxes. I don’t think that’s right, I think you should look at these numbers again and keep it below thee tax cap and don’t give us a double whammy. Thursday, December 11, 2014 ---PAGE BREAK--- 345 Didio, I would like to remind the Legislature and the public that this is not a question and answer period. David James, 2687 Bell St., Weedsport, NY, I am here this evening representing the Cayuga County Fire Advisory Board. There have been cuts made throughout your budget proposal and one of them is the position of Deputy Director of Fire out of the EMO Office. The Cayuga County Fire Advisory Board which is a board that exists as a liaison between the County Fire Service and the County Legislature. The Cayuga County Fire Advisory Board feels very strongly that the position of Deputy Director of Fire is a vital position to the successful operation of County Emergency Services in a variety of ways. One of the things that the Deputy Director of Fire does is; serves as the feet on the ground for the Emergency Management Office, he goes out to a variety of the emergency scenes to assist the local departments, he attends various meetings, so that the full time administrators of that office can do the jobs they have to do. I would like to ask, on behalf of the Fire Advisory Board that the Legislature reconsiders the termination or removal of that position. If you remove that position it leaves an open space that somehow needs to be filled, that position not only serves the local community, he also attends meetings at the regional level. The most tangible things that most tax payers get for their dollar is from the Emergency Services response, we get called day/night all weather for help and assistance, so I think being short with the leadership will be detrimental. Motion No. 429-14 Motion by Chapman to put the 2 Sheriff vehicles and their equipment back into the budget, page 171 of preliminary budget, 2nd by Whitman. Money to come from the Fund Balance. Discussion: Chapman, about 3 years ago at a Judicial & Public Safety meeting we were hearing from the Sheriff and staff about the condition of the fleet and at that time we started to talk of a 5 year plan that was to purchase 5 vehicles, get them in the fleet so it could diminish down time, enhance the safety of the officers, ability to respond to the public needs and it would also save us some money in the long run on maintenance. They would be newer and have a greater value even though they would be aged into a position where they would need to be replaced. Runkle, where is the money coming from, Chapman replied Fund Balance. Runkle, where are we with the draw? Sinclair, including the discussion on December 3rd, we are at $209,091 usage of Fund Balance. Marinelli, only included are those items that were passed on December 3. Sinclair, does not include any of the proposed cuts made by Department Heads on December 8, so that would reduce that by about $100,000.00. Batman, the number I see drawn from the fund balance is between $700,000 to $800,000, if we include what we draw from the highway fund, why would the Highway fund draw be excluded from the draw. Sinclair, good question, I did overlook that, but that is a transfer and that is included in the budget. Batman, the number I have on this e-mail is $944,000, why would we include only the Thursday, December 11, 2014 ---PAGE BREAK--- 346 draw from the fund balance, if we look at the fund balance as our savings account. If I had 2 or 3 savings accounts, those are my savings accounts, so the draw is another $944,000. Sinclair, true, but the Road Fund remains the Road Fund, the DM can be transferred back into the general fund. You are right as you are drawing for total Fund Balance. Batman, so approval of these additional cars will make our draw in excess of a million dollars; the problem with the draw from the fund balance is that it is equivalent to taking money from your savings account to pay for your lights. Everyone knows if you live of your savings sooner or later that savings goes away, that’s the danger we are facing today and we need to be aware of that. It sounds like a big number, 12 million dollars, the problem is revenues and expenditures do not line up. The critical need of the fund balance is money does not come in when we need it and if the county has to borrow short term it destroys our credit rating and our costs increase. Borrowing money for a week, a day, has a cost. We have to be very careful with the fund balance it is a dangerous time. I think it would be great to put the cars back, but I am opposed to going to the fund balance. We would need to find an expenditure or revenue to pay for them; otherwise we are living beyond our means. Chapman, suggest as to where to pay for the cars? Batman, take back to Sheriff, he has a 14 to 15 million dollar budget and say if these cars are a critical issue then you have to look at the 14 to 15 million and see where you can get the money. If the Sheriff can’t do it or doesn’t think it is a high enough priority then who am I to challenge it. Runkle, if we were to count all our savings accounts, what is the number? Sinclair, I’ll have to refer to Lynn. Marinelli, end of 2014 about a million Runkle, does it remain consistent. Marinelli, no, it goes up and down. Sinclair, I intend to focus on the A Fund because that will impact the Tax Levy. Runkle, last year at this time we needed 3.5 million to balance the budget. This year at the moment we are at a million, granted we are going to go over the ax cap, if we didn’t that would add a half a million more out of our A Fund, it is a good progression, we were able to go from3.5 million to a million or 1.5 million to balance the budget. Whitman, what is the total of the whole budget for the county? Sinclair, as of 12/3/14 it is; appropriations $141,643,162.00 Whitman, that’s a big number and out of that we are having a hard time finding enough money for these cars for the Sheriff, but saying his budget is a hug number and he should be able to find the money for these cars out of his own budget may or may not be possible. The Sheriff does a lot with his budget, that’s why it’s so large, that doesn’t mean the sheriff has a lot of fat to cut out of his budget. We asked all of our Department Heads to cut over the last few years and I think they did a great job. I’m not sure if the Sheriff could come up with the money, I’m all in favor of adding the cars back in. I’m not a fan of using the fund balance, but I think this should be budgeted on a yearly basis, it is an ongoing expense to replace vehicles, maintain vehicles, it’s not a one-time expense and using fund balance is going to drop it below where we want it eventually. Lattimore, I think our budget was $148,000,000 last year $140,000,000 this year, moving in the right direction, our employees are down, this is a safety issue, Cayuga County is 75 miles long, a lot of road miles for the deputy’s, accidents cost us, they need the best we can afford for safety. Thursday, December 11, 2014 ---PAGE BREAK--- 347 Didio, The Sheriff and staff put together a great program with vehicles and with the rise of Heroin Traffic we still don’t know exactly where that is going and I want to see the vehicle stay in for those reasons, this is a live matter. This has nothing to do with the budget we can find the money, I support 100%. Baxter, I support replacing these cars and I think the money should come from a slight increase in Tax Levy. WE need to replace cars every year and we should have a fund that is going to be there for that purpose. We have already exceeded the tax cap, if we do the budget right this year, we won’t have to exceed the tax cap next year, but if you steal from the fund this year you are going to be in the same position next year. Chapman, would you care to make an amendment. Baxter, I believe the cost is $64,000, and the increase would be about 3.2% to the tax levy. Sinclair, 2 cars so it would be about $84,000, 1% . I would suggest that the amendment could be reworded to just add the dollar amount to the tax levy. Chapman, Lynn could you give us an approximate number/ firm number. Marinelli, 3.1%. Mahunik, requests a roll call vote. Batman, I’m concerned about the 3% Pecher, we need to look at other expenditures. Motion by Baxter to amend motion and take the $84,000 to add 2 Sheriff vehicles and their equipment back into the budget, add that amount to the tax levy, bring- ing the tax levy to 3.1%, 2nd by Whitman. Motion to amend DEFEATED by roll call vote Noes, Vitale, Farrell, Pinckney, Runkle, Batman, Pecher, Bennett, Reginelli, Mahunik, Lattimore, Didio and Chapman, Ayes, Whitman and Baxter, Excused, Foley. Vote - 712,120, 51. Discussion: Batman, Mr. Dido suggested that the failure to purchase these cars, that there would be too fewer cars on road, that’s not the case, the cars won’t be retired leaving foot patrol. This is no different than if you have a car and you are looking at trading it in to get a new car and they’re saying maybe I should postpone for a year, these are hard economic times, no difference, that is what we are deciding here. Chapman, we have in the past postponed, put a band aid on, one way or the other we pay. We worked long and hard to get on a schedule and if you recall about 2 years ago we also worked with the Highway to get on a schedule. I feel we need to acknowledge the need this department has or we are just taking a step backwards. Lattimore, our Sheriff Patrol puts a lot of hard miles on the vehicles, because of the physical structure of our county 100,000 miles on a vehicle not good, vehicles get loose, I think we have 3 out on comp right now, costs us money. Motion by Didio to amend motion and put one Sheriff Vehicle back in budget and take the money from the fund balance, 2nd by Pinckney. Discussion: Didio, how many miles do we put on? Thursday, December 11, 2014 ---PAGE BREAK--- 348 Gould, at around 100,000 miles we start looking to replace the vehicle. Didio, so if we wait another year the mileage would be upwards of 180,000 miles or higher. Gould, when we started the budget last year for this year we had 5 cars in the budget, we voluntarily took 3 of those cars out, so now if it’s 1 or 2 we are still lacking 3 on our rotation. Baxter, I believe the 2 vehicles should be reinstated. Motion to amend DEFEATED by roll call vote, Noes, Vitale, Farrell, Batman, Pecher, Baxter, Bennett, Reginelli and Mahunik. Ayes, Whitman, Pinckney, Runkle, Lattimore, Didio and Chapman, excused Foley. Vote 460/372/51 Motion to amend by Pecher to take $84,000 out of the Soil & Water budget for the cost of the 2 Sheriff Vehicles and equipment, 2nd by Reginelli. Discussion: Baxter, Soil & Water has been beaten up, we have reduced them past 3 years, they’re our employees, we fund them, to reduce their budget by this much it’s a crippling effect. It reducing the money they can bring in on grants, find the money somewhere else. I’m against this. Whitman, what is the total we budget to Soil & Water? Marinelli, right now it is $648,000. Lattimore, with the formulas that the state has, sometimes we fund these organizations and they can double or triple their money with the state. Doug Ververs, Director Soil & Water, we use the County’s appropriations as leverage to acquire the grants. Lattimore, so this primes the pump so we can get more money for those projects, Didio, I support not taking funding from Soil & Water, search and find somewhere else to get the money. Baxter, every project in county to help keep our lakes clean and the watershed operating the way it’s supposed to, Soil and Water has something to do with that and just about every project like that. If you take wages away they can’t do grants, they can’t be paid wages by the grant, so they lose people, and we lose projects. Motion DEFEATED by roll call vote, Noes, Vitale, Farrell, Pinckney, Runkle, Batman, Baxter, Mahunik, Lattimore and Didio. Ayes, Whitman, Pecher, Bennett, Reginelli and Chapman. Excused Foley. Vote 542/290/51 Discussion: Pecher we have the Indian money coming in, we have $350,000 dedicated to CEDA and there is about $82,000 left over. Chapman, it’s $85,000. Pecher, just the number I was looking for, use that money. Motion by Pecher to take the $85,000, (Indian Money) not put it in the fund balance, but use it to fund the 2 Sheriff Vehicles and their equipment, 2nd by Whitman. Thursday, December 11, 2014 ---PAGE BREAK--- 349 Discussion: Lattimore, I would like to add the position for Planning. Chapman, we are talking about funding the police vehicles at this time. Batman, I believe the plan is to set that aside for Economic Development going forward, so a vote to do that sets that backward. A yes vote says that we do not fund Economic Development. Pecher, I believe we are already funding Economic Development $350,000. I think we should use the money we have for the purpose we need to. Vote on amendment, DEFEATED by roll call vote, Noes, Vitale, Farrell, Pinckney, Runkle, Batman, Baxter, Mahunik, Lattimore, Didio and Chapman. Ayes, Whitman, Pecher, Bennett, and Reginelli. Excused Foley. 617/215/51 Original Motion: Motion by Chapman to put the 2 Sheriff vehicles and their equipment back into the budget, page 171 of preliminary budget, 2nd by Whitman. Money to come from the Fund Balance. Discussion: Farrell, Mike you stated that we had set up a rotation with cars at Sheriff’s Department and the Highway Department. With this fund balance and what we are doing, we are kind of giving to one and taking from another. Nobody in this room wants a car that’s not safe, we want safe cars. I think the original intention of this was possibly reducing the fleet. How many cars are assigned to people at the Sheriff’s Office, about 37/38 vehicles. Gould, yes. Farrell, The point of the reduction wasn’t to address safety, we want safe cars on the road, the question was; can the county continue to afford to have this large of a fleet of cars, it’s not a question of putting people in an unsafe vehicle, but to look at what the county can afford, that was the intention of the reduction. Chapman, this goes hand and hand with enhancing and maintaining the public safety and I think that is what people expect, public safety, that is one of our core missions. I would like to see this rotation to continue at the highway department or we are going to go backwards and find ourselves paying a larger bill down the road. Vitale, the last time we met we put a couple of the Deputy’s back into the budget. It sounds like there is confusion, that you have to have a new car for public safety. Some of us are pushing to put the Deputy’s back on the road, but it’s really feet on the street and bodies in the cars and we can’t do everything this year. I think it is important to put the Deputy’s back into the budget, but we have to give up something and if hanging on to a couple of cars for a few more years, then that’s what we have to do. Whitman, saving money now is going to cost us in the future. The county decide to save money at the highway for years, not replace trucks, not do maintenance and that has cost us a lot of money over the past few years. We could put this off for a year and say we’ll figure it out next year and next year we’ll do the same thing and 5 years down the road we will have to replace the whole fleet and it is going to cost us a fortune. I don’t know what we’ll do then, go out and borrow the money; it’s still going to cost us money. It is smaller bites easier to manage a little at a time. Bennett, we do need our Sheriff’s Deputy’s out there on the forces, but maybe it’s time as the Legislature to look at the take home policy for vehicles, all departments, do they really need to take them home, I know one vehicle that just sits in a driveway. Thursday, December 11, 2014 ---PAGE BREAK--- 350 Vote on original Motion No. 429-14 - DEFEATED, Noes, Vitale, Farrell, Pinckney, Batman, Reginelli, Mahunik and Lattimore. Ayes, Whitman, Runkle, Baxter, Pecher, Bennett, Lattimore, Didio and Chapman. Excused Foley. 394/438/51 Discussion: Baxter, back in the beginning of this budget Mr. Ververs met with Suzanne and Depart- ment Heads were asked to cut the budget as much as possible and Mr. Ververs came in with a budget that went from $278,000 down to $263,000, that was his request. That was a reduction of about 5.5%, his budget was then cut from $263,000 to $237,000 for a total of 15%. I think that was more than was intended in the beginning and we were worrying over a 10% cut in the budget, it was a $41,000 cut. The Department’s come in with an austerity budget, reducing things on their own and they still get hit with a large cut as Co-op Extension did. I doubt if the Department Heads are going to want to keep cutting. Motion No. 430-14 Motion by Baxter to reinstate $10,000 of the $41,000 cut that was made to Co-op Extension, take it from the $350,000 that was given to CEDA, 2nd by Lattimore. Discussion: Lattimore, the formula from the state, every dollar we give them brings in 2 or 3 more dollars. Ververs, we have a matching formula, with a $50,000 cut we will lose the funding from the state Farrell, where’s the $10,000 coming from? Baxter, I would like to take it from the $350,000 we already give to CEDA. I would like to state that CEDA’s money was not cut 1% and some people might say they are no more a part of us than Co-op Extension is. If we are going to cut let’s cut everybody and do it fairly. Vote on motion, DEFEATED by roll call vote, Noes, Whitman, Farrell, Pinckney, Runkle, Batman, Pecher, Reginelli, Mahunik, Didio and Chapman. Ayes, Vitale, Baxter, Bennett and Lattimore. Excused Foley. Vote, 603/229/51. Pinckney proposes to take $47, 347 out of CEDA and putting it back into the Planning vacancy, 2nd by Didio. Discussion: Marinelli, you haven’t made a motion to adopt any of the changes yet by the Department Heads, so right now there’s no vacancy in Planning. Pinckney, so what was the $48,000, did somebody say we at accomplished the $48,000 of the $100,000 we were going after. Sinclair, that was simply to make note of the Department Head proposals. The Legisla- ture had as part of their discussion requested $100,000, but those are proposals right now, they have not been voted on or officially been put on the floor, so they are not in effect. Pinckney, I withdraw the proposal. Thursday, December 11, 2014 ---PAGE BREAK--- 351 Chapman, when would you like to bring that up? Sinclair, I’m not sure when the next consideration will be, there is a Ways & Means follow the hearing. Chapman, is that on your agenda Mr. Runkle? Runkle, it is not on my agenda. Chapman, we need to have those numbers for consideration on December 16th. Sinclair, ok. Chapman, because that effects everything we are looking at. Motion No. 431-14 Motion by Farrell to make adjustments to the budget per Department proposals to the County Administrator, 2nd by Pinckney. Discussion: Chapman, do we all have that list? Sinclair, it was e-mailed on December 9th to the Legislator’s and Lynn Marinelli. I can run through them very quickly: County clerk, $5,000 reduction in microfilming, $5,000 reduction in PT hours DMV, $4,032 savings Planner grade 3 to grade 1, and $12,153 savings by not filling the grade 1 position until April 1st. EMO proposed; $250. In gas & electric, $250. Office supplies, $500. Radio equipment, $500. Seminars, $500. department expense, $500. telephone, EMS, $500. Machinery repair, $500. Medical supplies, Human Resources, $500. adver- tising, $300 department expense $500. Mileage. Probation, $5,000 PT probation officer and $500. Office supplies. The benefit savings from this amounted to about $10,752 and that comes to $47,737 and I noted adding the total current Planner vacancy which is listed at 52, 643 and by taking back the $16,000 that had been discussed and adding the estimated fringe amount would come to about $100,000. Pinckney, is there a total. Marinelli, $48,737 with only ¼ of the Planner being cut, January February and March,1/ 4 is $22,468, so if you abolish it’s another savings of $67,000 or a total of $116,141, if you eliminate that position, if you don’t it’s only $48,737. Chapman, to Sinclair, is this your recommendation, history has shown us, 6 months from now things come up and we fund them, is this realistic and do you recommend it? Sinclair, I believe these are small enough, but the Planning position is different, I don’t know if I recommend that, but the request from the Legislature was for $100,000. Farrell, to Steve could you go ¼ position not being filled or what is the ramifica- tion if we go 12 months not filled? not being filled for 12 months means we will not be able to do the work. I put a note on all your desks, the CFA award for Weedsport was written by that vacant posi- tion, that’s the type of work that will not be done, this is an essential position. Farrell, the impact of filling it April 1st not January 1st. a test given for that position on December 6th and I don’t think we will have a certified list of those eligible until late January early February and we would have to take that list and interview candidates, so it’s a matter of logistics and procedure. Farrell, can we add $22,000 to the motion? Marinelli, that’s in the $48, 737 Thursday, December 11, 2014 ---PAGE BREAK--- 352 I did come back a second round and did give up $12,230 before the December 9th meeting. I came in with a very, very lean budget, I’ve given over $28,000. Sinclair, that is correct. Farrell, waive the roll call Whitman, this position in Planning, we cut a lot of money out of budget last year that was allotted for lobbying and grant writing with the thought that we could put some that burden on the Planning Department. I think they need all the help they can get; I think its money well spent. I don’t think it’s a good idea to make cuts where we are actually getting a return/revenue back into the county. Baxter, Planning is hard at work all over the County, they worked in Summerhill to do their comprehensive planning and in Moravia to help with their Main St. rehab., it’s an ongoing thing they have a lot of work to do, I would not cut their personnel. Sinclair, the Legislature had also in that meeting when they discussed the patrol cars and a Deputy position that they asked for $63,000 from the Sheriff’s budget, to be identified and that hasn’t been impacted yet either. The Sheriff opted to reduce his Road Patrol Overtime by $15,000, proposes to reduce his Jail Overtime by $18,000 and proposes to decrease his Doctor and Hospital expense line for the inmates by $30,000. We checked the history on the Doctor and Hospital line and we feel that would be a meaningless savings and we would in fact end up coming back to pay that. I would suggest to the Legislature that they consider the 2 overtime requests and not consider the $30,000 request. Farrell, do we need to vote on the motion we have now or can we amend for those. Chapman, we can amend. Motion by Farrell to amend; to accept the Sheriff’s recommendation to reduce his overtime by $15,000 in Road Patrol and $18,000 at the Jail, 2nd by Runkle, all in favor. Motion No. 431-14 as Amended, all in favor. Listed below DEPARTMENT HEADSUGGESTIONS TO AMEND THE 2015 PRELIMINARY BUDGET PAGE REVENUE EXPENSE NEW TOTAL County Clerk Motor Vehicle- FT position A14111-51002 108 (5,000) 31,064 A14111-58001 108 (332) 26,546 A14111-58002 108 (265) 62,263 A14111-58005 108 (160) 11,558 Micro film A14104-54152 107 (5,000) 10,000 Planning Planner - cut funding for 1/4 year A80201-51001 71 (16,185) 486,402 A80201-58001 71 (1,190) 37,563 A80201-58002 71 (3,140) 86,596 Thursday, December 11, 2014 ---PAGE BREAK--- 353 A80201-58003 71 (1,337) 63,399 A80201-58004 71 (98) 3,061 A80201-58005 71 (518) 16,354 EMO Cut Deputy County Fire Coordinator A36401-51002 170 (1,788) 35,030 A36401-58001 170 (131) 15,097 A36401-58005 170 (57) 6,573 A36404-54023 Electric 170 (250) 1,750 A36404-54049 Supplies 170 (250) 1,500 A36404-54063 Radio 171 (500) 2,000 A36404-54067 Conferences 171 (500) 2,000 A36404-54074 Dept Expense 171 (500) 4,000 A36404-54075 Telephone 171 (500) 1,000 EMS A40724-54047 Machine repairs 264 (500) 1,000 A40724-54052 Medical Supplies 264 (500) 1,000 Human Resources A14304-54061 Advertising 58 (500) 6,000 A14304-54074 Dept Expense 58 (3,000) 16,000 A14304-54112 Mileage 58 (500) 1,700 Probation A31401-51003 OT 179 (5,000) 35,000 A31404-54112 mileage 180 (500) 18,000 A31404-54049 Supplies 180 (500) 2,300 SUB -TOTAL 0 (48,701) Sheriff A31101-51003 OT 192 (15,000) 135,000 A31501-51003 OT 198 (18,000) 172,000 SUB -TOTAL 0 (33,000) TOTAL 0 (81,701) Total Impact on A Fund Balance 81,701 Discussion: Farrell, so with what we’ve just done, that’s an $80,000 reduction on fund balance draw? Marinelli, it gets you down to $127,000 from the $209,000. I just want to point out when you are talking about the Onieda and CEDA revenue, the revenue and Thursday, December 11, 2014 ---PAGE BREAK--- 354 expenditure are both still in the budget, so we will have to make a motion to amend the budget. Discussion: Batman, the Big 6 and if you remember the reason we decided to un-fund that is, we requested that the fair and the Big 6 get together and that just didn’t work out. I thought the testimony was compelling and I offer this amendment. Motion No. 432-14 Motion by Batman to add $4,000 to budget to help fund the Big 6, have Planning wait one additional month to fill position, so instead of filling April 1 they fill it May 1, I believe that would be about $4,000, 2nd by Lattimore. Discussion: Farrell, Mr. will this work. to keep the position, I would support it. Chapman, last year we talked to this folks and told them if you don’t get together, there’s no money. Motion by Chapman to amend, take the $4,000 and split it between the Big 6 and County Fair, $2,000 each, DEFEATED, no 2nd. Vote on original Motion No. 432-14, DEFEATED, Noes, Whitman, Pinckney, Runkle, Pecher, Bennett, Didio and Chapman. Ayes, Vitale, Farrell, Batman, Baxter, Reginelli, Mahunik and Lattimore. Excused Foley. Vote 434/398/51 Discussion: Bennett, a point of housekeeping, public to be heard is that still open. Chapman, yes, until we close. Discussion: Batman, Motion for EMO office take the $11,000 for the position and instead of elimi- nated the position as such, we turn it over to their office and look at the reimbursement for the deputy’s and have them recommend how to get there. Sinclair, Deputy Director Position that was original eliminated in the December 3rd, you’re proposing to take that amount and request the recommendation from the EMO Office. Batman, yes Sinclair, I can tell you that the director of EMO and his Deputy came to my office to request that rather than eliminate that position, which they deem critical to eliminate the other Deputy Fire Coordinator, that is what they requested, but I have not put that in writing to the Legislature. Batman, I withdraw motion. Discussion: Pinckney, on the Original $100,000 we asked Suzanne to get, do we get the Road Patrol Deputy back, did we fund half of that? Marinelli, $33,000, we were short $17,000. Thursday, December 11, 2014 ---PAGE BREAK--- 355 Motion No. 433-14 Motion by Pinckney to take $35,000 out of CEDA to fill that position, put EMO position back in and fund the Big 6 $4,000.00, 2nd by Lattimore. Discussion: Chapman, to put a Road Deputy back in service? Pinckney, yes we have $33,000 allocated. Marinelli, the Deputy is in. Motion by Didio to amend amount to $17,000 out of CEDA for Deputy position, 2nd by Pecher. DEFEATED by roll call vote. Noes, Vitale, Farrell, Pinckney, Runkle, Batman, Baxter, Reginelli, Lattimore and Chapman. Ayes, Whitman, Pecher, Bennett, Mahunik and Didio. Excused Foley. Vote 574/258/51 Discussion: Batman, I think we need to be careful with cutting back on our Economic Development and that’s what this would mean. To simply cut it because everyone else was cut, it’s a dangerous direction to go, that development is critically important to us, raises money now and into the future. Original Motion No. 433-14 - Motion by Pinckney to take $35,000 out of CEDA to fund Deputy position , put the EMO position back in and fund the Big 6 $4,000.00, 2nd by Lattimore. Motion No. 433-14 - DEFEATED by roll call vote, Noes, Farrell, Runkle, Batman, Pecher, Reginelli, Mahunik, Didio and Chapman. Ayes, Whitman, Vitale, Pinckney, Baxter, Bennett and Lattimore. Excused, Foley. Vote – 448/344/51 Discussion: Lattimore, I circulated an article on Met-Life, they are moving about 6,000 jobs out of the metro area down to Carolina and I was hoping our newly elected Mr. Katko was going to talk to some of the counties to stop some of that bleeding and get us in front of some of the representatives and maybe bring some of those jobs to upstate. Baxter, I would like to reintroduce a motion for the co-op Extension. I don’t know where the best place for the money to come. They do things throughout the whole county, they have over 200 classes/events, they hold many classes for the public, the whole county benefits from them, anything the community needs they participate in. Motion No. 434-14 Motion by Baxter to reinstate $10,000 to Co-op Extension from the contingency account, 2nd by Lattimore. Motion No. 434-14 - DEFEATED, by roll call vote, Noes, Whitman, Runkle, Batman, Pecher, Bennett, Reginelli, Mahunik, Didio and Chapman. Ayes, Vitale, Farrell, Pinckney, Baxter and Lattimore. Excused Foley. Vote-539/293/51 Discussion on Public Hearing: Bill Balyszak, I would like to get back to the sales tax, conflicting answers, doesn’t make me feel very comfortable. The Treasurer says we have maybe $350,000, Ms. Sinclair says we have about $150,000 or so, so we are close to about a half a million dollars. The Thursday, December 11, 2014 ---PAGE BREAK--- 356 property tax increase now is up by about $521,000 now, is that correct. Sinclair, right now it is a 2.9%. Didio, this is not a question and answer. Chapman, Mr. Balyszak do you have a statement you want to make? Balyszak, yes I want to make sure the sales tax gets resolved, because there are mushy answers, what is the real sales tax, I read in the paper that we were over collecting, over budget. If we have an increase in sales tax revenues we should give it back to the taxpayers. Heather Whitten, I do want to applaud those of you that want to get funding for the Big 6. I know that you are trying, we are talking about as small a matter as $4,000 and there are 4 kids over last year and this year that are going into college programs to come back to Cayuga County, as Cayuga County registered voters as well as Cayuga County em- ployed people and are going to be taking part in Agriculture Industries in middle to high level management positions. Where are the youth of Cayuga County, here you see two of them, they work very hard. I don’t take the $4,000 nor to I take the millions you have to take care of however I would say the return on your investment; four kids coming back to Cayuga County with higher level degrees and going into a manage- ment position in your number 1 agriculture industry certainly merits somehow coming up with $4,000. This is an industry that really needs them and the Big 6 is definitely an organization that is completely transparent, you can look at our budgets. We have teamed up with Parks & Trails, Ward O’Hara Museum, we know that we are going to have an event and where we are going to have it. If you’re going to back a horse back a winning horse. We have shown you growth, well developed youth, they spoke with you tonight and I urge you to find $4,000 in your budget to fund this. Mr. Runkle asks that Suzanne and Lynn get together so that the Legislature can get a summary of where we are at by Monday morning Chapman closes Public Hearing at 7:50PM Motion by Didio to adjourn at 7:51PM, 2nd by Runkle, all in favor. Thursday, December 11, 2014 ---PAGE BREAK--- 357 MINUTES CAYUGA COUNTY LEGISLATURE December 16, 2014 at 6:00PM CALL TO ORDER: Hon. Michael Chapman, Chairman at 6:06PM ROLL CALL: Sheila Smith, Clerk of the Legislature, all Legislators present. PLEDGE OF ALLEGIANCE: MOMENT OF PRAYER: PUBLIC HEARING: Opened at 6:07PM To Adopt Local Law No. for the Year 2014, a Local Law Prohibiting the Sale, Application and Disposal of Waste Associated with Oil and Natural Gas Exploration, Extraction and Storage Activities. Michael Gorr, Niles, NY – Speaks on proposed Local Law- attached Judith Gentleman, Moravia, NY- Speaks on proposed Local Law- attached Mary Alice Stetz, Locke, NY- Speaks on behalf of Paul Torrisi, President of Board of Directors, Skaneteles Lake Association, on proposed Local Law.- Attached Jim Beckwith, Auburn, NY – Speaks on proposed Local Law. He says he is hopeful that the Legislature will pass this bill tonight. He says Owasso Lake needs help not only for this subject but also on many other levels and it is important to pass this Local Law for our lake, our heritage and the future. Jim MacFarland, Bradford, PA- He says he is here to answer any questions on the proposed Local Law. Terry Cuddy, Auburn, NY – Speaks on proposed Local Law. He says he is in support on passing this Local Law. Bob Brower, Auburn, NY- Speaks on proposed Local Law. - Attached Legislature Hans Pecher for Francis Mitchell, King Ferry, NY- Speaks on the Cayuga County Seward District Attached DEATHS: Our sincere condolences to the families and friends of: Jean Wright, community volunteer, retired businesswomen, past president of the Cayuga County Women’s Republican Club and a friend to many in the community. Tuesday, December 16, 2014 ---PAGE BREAK--- 358 PROCLAMATIONS: Eagle Scouts: Kyle J. Wilmot and Matthew N. Johnson Marla Connelly Day in Cayuga County, December 16, 2014 EMPLOYEES 1st AWARDEES: Rita Hepworth - Department of Social Services Cate Richardson – Department of Social Services PUBLIC BE HEARD: If you wish to speak notify your Legislator, who will grant you privilege of the floor. You will be allowed to speak for 3 to 5 minutes. You must state your name and address. MINUTES: For Approval: 11-6-14, 11-20-14, 11-25-14 and 12-3-14, Motion by Didio, 2nd by Bennett, all in favor. CCC REPORT: Dr. DeCinque – no report Runkle says there will be a Board of trustees Meeting tomorrow night at 6:00PM at the college. He says college enrollment is on target for the fall. He says they recently went through a financial audit and received no substantial defaults in our accounting procedures. Runkle says the presidential search is continuing. He says Dr. DeCinque will be here for another year but we will be coming forth with some candidates in the next few months. He says the Fulton campus has had several improvements making it a much more user-friendly facility up there. COMMITTEE REPORTS & INDIVIDUAL LEGISLATORS’ REPORTS: Batman says he would like to draw attention to letter we had received from the Bass Master’s Tournament. He says they informed us that they do not need the money from Cayuga County. He says it is noteworthy that we extended our sup- port to them but in the end, they were able to raise enough money without our help. Didio says the Inter-County Association is presently discussing Plan 2014, which has to do with residents and businesses in the Lake Ontario area. He says the Alcohol and Substance Committee is continuing its discussions on the dangers of heroin use. Lattimore says tonight we are looking at a local law that will hopefully protect out waters. He says our surface waters are becoming more and more important and being Chairman of the Public Water Authority I just wanted to say I know the extraction of oil and gas from the ground has reduced our gasoline prices at the pump. I just want to make sure our body is in support of alternative energy sources such as solar. He says I know we have a lot of public land that could be used for solar projects. Tuesday, December 16, 2014 ---PAGE BREAK--- 359 Foley says the Tourism Board is on target for their budget for this year. He says there will be a report coming out soon and it will be shared with the Legislature. COUNTY ADMINISTRATOR’S REPORT: Suzanne Sinclair Sinclair says sales tax collections year to date are at $16,759,237.00 on an accrual basis. She says of which $1.5 million was collected in November. She says the contingency account is at $162,706.00and the federal inmate revenue is at $1,403,400.00, which is $156% of the budgeted amount for this year. Sinclair says Doug Selby and I are trying to establish a date for the proposed City/County joint meeting. She says we do not have a date yet but we are working on it. Sinclair says congratulations to Marla Connelly. She says Marla was a great help to me and was very welcoming when I first came to the County. I wish her the same warm wel- come when she arrives at her new position. CHAIRMAN’S REPORT: Michael Chapman Chapman mentions the blood drive that will be at ST. Mary’s on January 14, 2014 from 2-7PM. He says it is called battle of the badges and I hope it has great success. He says Cayuga County was fortune enough to be a recipient of 5.3 million dollars in grants from the Consolidating funding. We hope to see those dollars multiply and we will see additional jobs and businesses finding a home here. Chapman says I am still waiting for an announcement on the Harriett Tubman home becom- ing a national park. He says that have been contacted by the Federal authorities and the Governor this last week be sure we had our ducks in row. He says this will be a great thing to have and it will help people find us in the map for a long time to come. Motion by Farrell to approve all appointments, 2nd by Foley, all in favor. APPOINTMENTS AND RE-APPOINTMENTS: Cayuga County Planning Board: Term Appointment for Chair and Vice Chair position only Chairman, Keith Welch, 3149 Center Rd., Moravia, NY 13118 1-1-15 - 12-31-15 Vice Chair, Patricia Bianconi, PO Box 197, Aurora, NY 13026 1-1-15 - 12-31-15 Alcohol/Substance Abuse Subcommittee Michael Greene, 6948 Owasco Road, Auburn 13021 1/1/15 - 12/31-18 Michael Didio, 6 Clymer St, Auburn 13021(Chair of Committee 1/1/15 - 12/31/18 Mental Health Subcommittee Toni Turner, 7286 Sherman Road, Auburn 13021 1/1/15 - 12/31/18 Cayuga County Park Commission: Jim Young, 4549 State Rt. 34B, Union Springs, NY 13160 1/1/15 - 12/31/17 Gino Alberici, 58 Adams Ave, Auburn, NY 13021 1/1/15 - 12/31/17 Sam Giangreco, 81 N. Lewis St, Auburn, NY 13021 1/1/15 - 12/31/17 Amy Chirco, PO Box 720, Weedsport, NY 13116 1/1/15 - 12/31/16 Keith Batman, 3649 Keesee Rd, Moravia, NY 13118 1/1/15 - 12-31-16 Brian Soper, 1641 Old State Rd, Sterling. NY 13156 1/1/15 - 12/31/16 Connie Reilley, PO Box 7224, Auburn, NY 13022 1/1/15 - 12/31/16 Tuesday, December 16, 2014 ---PAGE BREAK--- 360 Fire Advisory Board: Baldwin, Daniel , 3331 Baldwin Rd, Cato, NY 13033 1/1/15 -12/31/15 Dahl, Brian , 26 Liberty Street, Auburn, NY 13021 1/1/15 - 12/31/15 Dygert, Jeff, 34 Madison Ave, Auburn, NY 13021 1/1/15 - 12/31/15 Dygert, Larry, 10484 Jordan Rd PO Box 279 Jordan, NY 13080 1/1/15 - 12/31/15 LaFave, Douglas, 1179 Genoa Locke Townline Rd, Locke, NY 13092 1/1/15 - 12/31/15 Lawton, Christopher, 35 Old State Rd., Auburn, NY 13021 1/1/15 - 12/31/15 Magill, Brandon, 8822 South Seneca St., Weedsport, NY 13166 1/1/15 - 12/31/15 Merical, Patrick, 1642 Route 38A, Skaneateles, NY 13152 1/1/15 - 12/31/15 Orchard, Steven, 6198 Lake Street, Auburn, NY 13021 1/1/15 - 12/31/15 Perkins, James, 2762 Center Road, Scipio Center, NY 13147 1/1/15 - 12/31/15 Rooker, Corey, 15 River Street, Port Byron, NY 13140 1/1/15 - 12/31/15 Strong, Mark, 2497 Rockefeller Rd, Moravia, NY 13118 1/1/15 - 12/31/15 Winslow, Tom, 2812 Marshall Street, Weedsport, NY 13166 1/1/15 - 12/31/15 Motion by Farrell to waive reading of communications, 2nd by Foley, all in favor. COMMUNICATIONS AND ANNOUNCEMENTS: 1. Received an e-mail from Joseph Leogrande, Auburn, NY , re: opposing cutting Sheriff Patrol positons. 2. Received a letter from Legislator Michael Didio in respect to his positon as Chair of the Owasco Lake Wateshed Management Council, re: the council urges the County Legislature to minimize any negative budgetary impact to the agencies and de- partments that are important to the protection of water quality within the county. 3. Received and e-mail from Tom Winslow, President, Cayuga County Asssociation of Emergency Services, re: strongly opposing any staff reduction to the Cayuga County Emergency Management Department. 4. Received an e-mail from James Cassasanta, re: opposing the vehicle use tax. 5. Received a letter from Libbie Messina, Lang Memorial Library Director, re- questing that the Cayuga County Public Libraries be included in the Cayuga County 2015 budget. 6. Received a letter fom James Perkins, Chair, Cayuga County Fire Advisory Board, re: opposing the reduction of the position of Deputy Director of Fire Services. 7. Received a thank you letter from the Board of Elections, thanking all Cayuga County employees who participated in the Cell Phones for Solders Campaign. 8. Received a letter from Andrew Rindfleisch, Union Springs Chamber of Com- merce President, re: Support of the Bass Master Tournament, they are happy to report they do not need the money from the County and they appreciate the offer and support that was given for this event. 9. Received a letter from Robert Biltekoff, Biltekoff Law Office, Amherst, NY, re: County Local Law Prohibiting the Sale, Application and Disposal of Waste associated with oil and natural gas exploration, extraction and storage activities. 10. Received a letter from Richard Nelson, re: re: County Local Law Prohibiting the Sale, Application and Disposal of Waste associated with oil and natural gas explo- ration, extraction and storage activities and raising Emerson Park fees. 11. Received a letter from Jon & Julie Patterson, Pattersons Farms, re: keep the funding for youth programs. Tuesday, December 16, 2014 ---PAGE BREAK--- 361 RESOLUTIONS 12-16-14 RESOLUTION NO. 435-14 12/16/14 AP Audit December 16, 2014 AUTHORIZING THE COUNTY TREASURER TO PAY NOVEMBER 11-24, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on December 16, 2014, audit claims against the County of Cayuga in the aggregate sum of $1,378,226.16, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and directed to pay the several claims so audited and charge the amounts to the several appropriations made therefore in the County Budget finalized on December 12, 2013. Signed by Runkle, Didio, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 436-14 12/16/14 AP Audit December 16, 2014 AUTHORIZING THE COUNTY TREASURER TO PAY NOVEMBER 25-DECEMBER 8, 2014 AUDIT OF CLAIMS BY: Hon. Joseph L. Runkle, Chairman, and Ways and Means Committee WHEREAS, The Legislature did at its regular meeting on December 16, 2014, audit claims against the County of Cayuga in the aggregate sum of $666,412.71, therefore be it RESOLVED, that the Clerk of this Legislature file a certified list of claims so audited with the County Treasurer, and be it further RESOLVED, that the County Treasurer be and he hereby is authorized and di- rected to pay the several claims so audited and charge the amounts to the several appro- priations made therefore in the County Budget finalized on December 12, 2013. Signed by Runkle, Didio, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 437-14 12/16/14 COL yearendadjW&M14 AUTHORIZING ACCOUNTS PAYABLE YEAR END ADJUSTMENTS –2014 OPERATING BUDGET BY: Joseph Runkle, Chairman Ways and Means Committee WHEREAS, provisions of the Federal Single Audit Act and regulations of the State Comptroller require Cayuga County to utilize modified accrual as the basis for govern- mental fund accounting; and WHEREAS, modified accrual accounting principles require that the County accrue accounts payable so expenditures are generally reflected in the period for which goods or services are received; and WHEREAS, application of this principle may result in the over-expenditure of certain individual line item expenditures and revenues particularly in areas where spend- ing is mandated by State and Federal laws and requirements; now, therefore be it Tuesday, December 16, 2014 ---PAGE BREAK--- 362 RESOLVED, that the Cayuga County Legislature hereby authorizes and directs the County Treasurer to make adjusting entries to provide sufficient appropriations to avoid individual line item deficits upon the accrual of year-end accounts payable, provided that said entries do not result in an increase in total appropriations approved by the County Legislature, for 2014; and, be it further RESOLVED, that said adjusting entries shall be subject to approval of the Chairman of the Legislature, Chairman of Ways and Means Committee and County Administrator who shall upon completion of the year-end closing, report the same to the County Legislature. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 438-14 12/16/14 COL AnnexTaxWarrant14 DESIGNATING DECEMBER 16, 2014, AS THE DATE TO ANNEX THE TAX WARRANT. BY: Joseph Runkle, Ways and Means Committee. WHEREAS, pursuant to section 904 of the Real Property Tax Law of the State of New York the county Legislative body shall annex to or, in the case of assessment rolls prepared in accordance with the provisions of article fifteen-C; now, therefore, be it RESOLVED, that December 16th, 2014 is the date when, pursuant to Section 904 of the Real Property Tax Law of the State of New York, this Legislature hereby orders that there shall be annexed to the Tax Rolls of the constituent towns and city of this County, the warrant described in Section 904 of the Real Property Tax Law, under the Seal of this Legislature signed by the Chairman of the Legislature and the Clerk of the Legislature, authorizing and directing the collecting officers of the city and towns to collect from the several persons, corporations and other entities named in said Tax Roll, the amounts listed opposite their respective names, together with any interest or penal- ties thereon prescribed by law, ON or BEFORE the first day of February, 2015. Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor RESOLUTION NO. 439-14 12/18/2014 RPS-Nov Mortgage Tax AUTHORIZE THE COUNTY TREASURER TO PAY MORTGAGE TAX BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, it appears from the final report of Sue Dwyer, as County Clerk of Cayuga County, that there has been paid to the County Treasurer the sum of $475,885.52, the same being the net amount collected from the taxation of mortgages for the period April 1, 2014, to September 30, 2014; and WHEREAS, there is in the County Treasurer’s Account No. T-58, the amount of $475,885.52 which should be distributed among the City of Auburn and the Towns and Villages of the County; now therefore be it RESOLVED, that the County Treasurer be directed and required to pay the sum of $475,885.52 to the City of Auburn and the several Towns and Villages of the County of Cayuga in the following amounts Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. Tuesday, December 16, 2014 ---PAGE BREAK--- 363 RESOLUTION NO. 440-14 (12/16/14) RPS Annual Budget 15 LEVY TAXES PROVIDED FOR IN THE ADOPTED ANNUAL BUDGETS OF THE TOWNS AND FIRE DISTRICTS OF CAYUGA COUNTY BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, New York State Real Property Tax Law (Section 900) and Town Law (Section 115) directs the County to levy taxes in the amounts specified in the annually adopted budgets of each town and fire district, and WHEREAS, a duly certified copy of the annual budget of each of the several Towns, Special Districts and Fire Districts of the County of Cayuga for the fiscal year beginning January 1, 2015 has been submitted to the County; now, therefore be it RESOLVED, that there shall be and hereby are taxes levied based upon the taxable value of real property situated in each of the Towns, in the amounts indicated and as specified in the budgets adopted in each of the respective Towns within the County (see attached list of budgets); and be it further Tuesday, December 16, 2014 City of Auburn 96,386.79 $ Montezuma 5,075.26 $ Aurelius 16,641.49 $ Moravia 7,106.53 $ Cayuga Vlg 1,250.97 $ Moravia Vlg 2,619.14 $ Brutus 14,289.04 $ Niles 17,425.70 $ Weedsport Vlg 7,466.43 $ Owasco 43,183.98 $ Cato 9,401.40 $ Scipio 10,637.67 $ Cato Vlg 327.08 $ Sempronius 4,531.43 $ Meridian Vlg 366.74 $ Sennett 39,850.28 $ Conquest 12,766.92 $ Springport 12,608.80 $ Fleming 21,582.15 $ Union Springs Vlg 4,443.96 $ Genoa 28,090.76 $ Sterling 20,137.13 $ Ira 10,802.81 $ Fair Haven Vlg 13,173.38 $ Cato Vlg 580.52 $ Summerhill 3,742.62 $ Ledyard 11,825.20 $ Throop 19,217.13 $ Aurora Vlg 2,302.62 $ Venice 6,568.09 $ Locke 4,583.43 $ Victory 18,959.06 $ Mentz 5,171.13 $ Port Byron Vlg 2,769.88 $ Grand Total 475,885.52 $ ---PAGE BREAK--- 364 RESOLVED, that there shall be and hereby is assessed and collected from the real property within the respective fire protection districts and other special districts in the amounts indicated for the purpose of such districts as specified in the respective adopted annual budget (see attached). Tuesday, December 16, 2014 Town Highway Outside General Outside Total Outside Highway Townwide General Fund Townwide Total Townwide Grand Total to Raise Aurelius - - - - 245,274 245,274 245,274 Brutus - - - 180,927 115,260 296,187 296,187 Cato - - - 117,941 414,435 532,376 532,376 Conquest - 89,738 38,846 128,584 128,584 Fleming - - - - - Genoa - 146,100 62,084 208,184 208,184 Ira - 278,614 182,402 461,016 461,016 Ledyard - - - 93,749 93,749 93,749 Locke - 293,765 142,291 436,056 436,056 Mentz - 47,000 47,000 - 224,540 224,540 271,540 Montezuma - 86,222 49,348 135,570 135,570 Moravia 2,386 26,137 28,523 121,994 222,739 344,733 373,256 Niles - 100,481 - 100,481 100,481 Owasco - 61,062 61,062 122,124 122,124 Scipio - 239,700 - 239,700 239,700 Sempronius - 202,730 23,025 225,755 225,755 Sennett - - - - - Springport - - - - 78,800 78,800 78,800 Sterling - - - 193,932 374,285 568,217 568,217 Summerhill - 343,457 28,348 371,805 371,805 Throop - 184,000 - 184,000 184,000 Venice - 314,000 168,000 482,000 482,000 Victory - 354,890 62,643 417,533 417,533 Totals 2,386 73,137 75,523 3,309,553 2,587,131 5,896,684 5,972,207 Annual Town Budgets for the 2015 Tax Year (amount to be raised by taxes as listed in town budgets) 12/4/2014 ---PAGE BREAK--- 365 Fire and Special District Levy’s District Code Town District Description Total Taxable Value Amount to Raise WD535 Sennett Water 6 ext non user O & M 23,691,017.00 20,764.00 WD536 Water 2 ext curr user Cap Cost 60,707,330.00 37,233.00 WD538 Water 6 Ext 2007 Cap Cost 3,648,400 17,000.00 WD539 WATER EQUIPMENT FEE PRE CALC 59,998.32 FD541 Springport Fire District, town 116,126,945.00 140,870.04 FD542 Fire District, village 57,179,713.00 69,362.96 SD541 (units) Sewer District 1 377.00 103,303.41 SD542 (units) Sewer District 1 ext 1 41.00 11,234.59 WD541 (units) Water District 1 377.00 95,438.72 WD542 (units) Water District 1 ext 1 41.00 10,379.28 WD543 (units) Water District 1 ext 2 16.00 10,014.10 WD544 (units) Water District # 2 309.00 192,773.24 WD546 (units) WD 2 Vac. Agricult 81.00 21,026.32 WD547 (units) WD 2 Vac. Residential 4.00 1,038.34 FP561 Sterling Fire Protection, Fair Haven #1 74,084,598.00 66,092.00 FP562 Fire Protection, Fair Haven #2 30,089,000.00 30,215.00 FP563 Fire Protection, Fair Haven #3 16,619,168.00 16,842.00 LD561 Light District, Sterling 3,618,171.00 2,000.00 LD562 Light District, Martville 4,267,062.00 2,000.00 SD561vlg County Sewer Phase 1A 78.85 15,770.00 SD561tov County Sewer Phase 1A 1.00 200.00 SD562 vlg County Sewer Phase 1B 257.20 51,440.00 SD563 vlg (units) County Sewer Phase 2 142.10 28,420.00 SD563 tov (units) County Sewer Phase 2 87.60 17,520.00 SD565tov (units) County Sewer Phase 4 11.50 2,300.00 SD565vlg (units) County Sewer Phase 4 178.80 35,760.00 SD567 vlg Co. Sew Phase 1c-1e 188.20 37,640.00 SD567tov Co. Sew Phase 1c-1e 9.00 1,800.00 FP581 Summerhill Fire Protection 67,192,174.00 28,082.00 FD601 Throop Fire District 125,324,822.00 155,424.00 WD601 Water District 39,640,932.00 118,200.00 FD621 Venice Fire District, SLV 71,035,879.00 59,407.86 FD622 Fire District, Genoa 17,409,229.00 26,569.34 FD623 Fire District, King Ferry 6,366,041.00 3,602.90 LD621 Light District, Poplar Ridge 6,516,699.00 180.00 FP641 Victory Fire Protection, Victory 55,430,645.00 72,797.00 FP642 Fire Protection, Cato 4,034,141.00 5,100.00 FP643 Fire Protection, Red Creek 13,732,400.00 17,482.00 LD641 (units) Light District, Victory 52.00 1,400.00 LD642 (units) Light District, Westbury 34.00 500.00 Fire and Special District Levy’s District Code Town District Description Total Taxable Value Amount to Raise FD201 Aurelius Fire District 210,991,375 277,519.00 LD201 Elmhurst Light 11,017,680 3,200.00 LD202 Mullen Drive Light 2,759,100 925.00 SD201 (units) Elmhurst Sewer 87.50 13,400.00 SD203 (units) Sewer District 2 211.50 10,320.00 SD205 (units) AURCAY15 SEWER CC 132 77,740.00 WD201 Water 1 18,694,691 47,653.00 WD202 Water 2 63,927,983 10,320.00 WD205 (units) AURCAY15 WATER CC 219 102,300.00 WD206 (with Fleming) Co Water District 3 Phase 1A 10,981,629 14,130.40 FP221 Brutus Fire Protection 121,647,319 99,718.00 LD221 (units) Shadybrook Light 1241800.00 3,500.00 WD221 (units) Eastern Brutus Water Dist 2 702.00 165,000.00 WD 223 (units) Water District 3 16.00 8570.00 WD 224 (units) Water District # 4 6.00 3644.00 WD226 (units) Water District # 6 4.00 425.00 WD227 (units) Water District # 7 47.04 9438.00 WD228 (units) Water District # 8 82.00 26076.00 WD229 (units) Water District # 9 48.00 22300.00 SD221 (units) Sewer District # 1 4.00 1100.00 FD241 Cato Fire Protection, Meridian 83,728,342 86,458.80 FD242 Fire Protection, Cato 19,528,719 24,681.43 FD243 Fire Protection, Weedsport 30,601,403 22,193.77 AM241 town & two vlgs Ambulance Service 126,306,467 30,226.00 FP261 Conquest Fire Protection 90,772,778 88,000.00 LD261 Conquest Light 2,739,922 1,500.00 Tuesday, December 16, 2014 ---PAGE BREAK--- 366 LD262 Spring Lake Light 2,182,000 1,300.00 FP281 Fleming Fire Protection 92,424,976.00 205,000.00 LD281 Lakeview Light 1,012,890.00 600.00 LD282 Lake Avenue Light 782,961.00 550.00 LD283 (units) Owasco Terrace Light 21.00 500.00 SD281 (units) General Sewer (special) 674.00 41,630.00 SD282 (units) Sewer O&M 669.00 177,000.00 WD281 (units) Water #1 (special) 963.75 102,563.00 WD282 (with Aurelius) Co Water District 3 Phase 1A 147,010.00 489.60 WD283 (units) Water O&M 945.75 120,000.00 WD286 units Water District # 6 57.40 31,326.41 DD281 units Forest Hill Drainage 14.00 500.00 SL281 Seymour Library 63,506,333.00 77,094.53 FD301 Genoa Fire District, King Ferry 102,621,971.00 58,079.61 FD302 Fire District, Genoa 70,962,670.00 108,300.66 LD301 King Ferry Light 7,648,400.00 3,800.00 LD302 Genoa Light 12,225,068.00 7,000.00 WD301 Genoa/King Ferry Water 26,745,839.00 30,200.00 FP321 Ira Fire Protection, Ira 64,418,215.00 87,300.00 FP322 Fire Protection, Cato 31,552,500.00 41,207.00 LD321 Light 1,096,849.00 2,900.00 Fire and Special District Levy’s District Code Town District Description Total Taxable Value Amount to Raise Ledyard Fire District, King Ferry 21,286,933.00 12,047.49 FD342 Fire District, SLV 45,252,780.00 37,845.26 FD343 (town) Fire District Aurora/Ledyard 78,759,355.00 102,898.30 FD344 (village) Fire District Aurora/Ledyard 46,909,438.00 61,286.70 AM341 (town) Southern Cay. Ambulance 62,842,632 20,896.00 FD361 Locke Fire District 81,961,717.00 142,682.00 LD361 Light 10,861,976.00 6,495.00 FP381 Mentz Fire Protection 48,884,963.00 83,598.00 FD401 Montezuma Fire District 52,266,925.00 97,700.00 FD422 Moravia Fire District, Joint (town) 96,054,739.00 111,598.78 FD423 Fire District, Joint (village) 53,397,226.00 62,038.22 FD441 Niles Fire District, Three Town 235,977,865.00 281,326.33 GR441 (units) Garbage & Refuse 795.25 127,500.00 FD461 Owasco Fire District 316,698,996.00 402,462.00 SD461 Sewer 1 OM 146,470,767.00 411,436.00 SD462 Sewer 1 CC separate 4,246,784.00 0.00 SD464 Sewer 1 CC 156,491,444.00 18,791.11 SD466 (units) Sewer 2 CC 243.00 49,703.61 SD467 Sewer 2 OM 55,721,974.00 15,300.00 SD469 (units) Sewer 2 Gindpu SPEC PRE CALC 5,288.34 SD470 (units) Sewer 2 GravLin SPEC PRE CALC 900.00 SD471 precalculated Sewer 2 Grind Pum OM PRE CALC 23,750.00 SD472 precalculated Sewer 1 M/H CC SPEC 1,000 30,132.70 SD473 (units) Sewer 1 Rehab CC #1 999.50 52,369.40 SD474 (units) Sewer 1 Rehab CC #2 243.00 12,732.13 SL461 Seymour Library 316,896,063.00 161,701.26 WD461 Water 1 OM 277,741,763.00 57,848.00 WD462 (units) Water 1 FL7 CC SPEC 10.50 3,970.92 WD463 (units) Water 1 FL9 CC SPEC 27.00 7,609.00 WD464 Water 1 CC 289,069,340.00 251,402.81 FD481 Scipio Fire District, SLV 118,048,499.00 113,476.88 FD501 Sempronius Fire District, Three Town 74,772,454.00 89,141.67 FD521 Sennett Fire District 328,265,571.00 364,214.00 LD521 Light District, Sennett 16,136,816.00 2,900.00 LD522 Light District, Butera Drive 7,227,056.00 1,100.00 SD522 UNITS Sewer O & M 318.50 316,881.00 SD525 Sewer Capital Project 35,466,623.00 22,498.00 SL521 Seymour Library 107,243,412.00 49,797.62 WD521 Water 1 39,650,014.00 4,054.00 WD522 Water 2 60,221,025.00 35,179.00 WD523 Water 3 service 28,907,337.00 32,497.00 WD526 Water 6 4,574,508.00 6,557.00 WD528 Water 6 ext 4,895,316.00 4,000.00 WD529 Water 1 Capital Project 43,924,876.00 22,150.00 WD530 Water 3 Capital Project 30,705,061.00 6,750.00 WD532 UNITS Water Debt Extension 18.00 9,500.00 WD533 Water 6 Ext curr user Cap Cost 8,600,500.00 2,835.00 WD534 Water 6 ext non user Cap Cost 21,679,117.00 52,375.00 Tuesday, December 16, 2014 ---PAGE BREAK--- 367 Fire and Special District Levy’s District Code Town District Description Total Taxable Value Amount to Raise WD535 Sennett Water 6 ext non user O & M 23,691,017.00 20,764.00 WD536 Water 2 ext curr user Cap Cost 60,707,330.00 37,233.00 WD538 Water 6 Ext 2007 Cap Cost 3,648,400 17,000.00 WD539 WATER EQUIPMENT FEE PRE CALC 59,998.32 FD541 Springport Fire District, town 116,126,945.00 140,870.04 FD542 Fire District, village 57,179,713.00 69,362.96 SD541 (units) Sewer District 1 377.00 103,303.41 SD542 (units) Sewer District 1 ext 1 41.00 11,234.59 WD541 (units) Water District 1 377.00 95,438.72 WD542 (units) Water District 1 ext 1 41.00 10,379.28 WD543 (units) Water District 1 ext 2 16.00 10,014.10 WD544 (units) Water District # 2 309.00 192,773.24 WD546 (units) WD 2 Vac. Agricult 81.00 21,026.32 WD547 (units) WD 2 Vac. Residential 4.00 1,038.34 FP561 Sterling Fire Protection, Fair Haven #1 74,084,598.00 66,092.00 FP562 Fire Protection, Fair Haven #2 30,089,000.00 30,215.00 FP563 Fire Protection, Fair Haven #3 16,619,168.00 16,842.00 LD561 Light District, Sterling 3,618,171.00 2,000.00 LD562 Light District, Martville 4,267,062.00 2,000.00 SD561vlg County Sewer Phase 1A 78.85 15,770.00 SD561tov County Sewer Phase 1A 1.00 200.00 SD562 vlg County Sewer Phase 1B 257.20 51,440.00 SD563 vlg (units) County Sewer Phase 2 142.10 28,420.00 SD563 tov (units) County Sewer Phase 2 87.60 17,520.00 SD565tov (units) County Sewer Phase 4 11.50 2,300.00 SD565vlg (units) County Sewer Phase 4 178.80 35,760.00 SD567 vlg Co. Sew Phase 1c-1e 188.20 37,640.00 SD567tov Co. Sew Phase 1c-1e 9.00 1,800.00 FP581 Summerhill Fire Protection 67,192,174.00 28,082.00 FD601 Throop Fire District 125,324,822.00 155,424.00 WD601 Water District 39,640,932.00 118,200.00 FD621 Venice Fire District, SLV 71,035,879.00 59,407.86 FD622 Fire District, Genoa 17,409,229.00 26,569.34 FD623 Fire District, King Ferry 6,366,041.00 3,602.90 LD621 Light District, Poplar Ridge 6,516,699.00 180.00 FP641 Victory Fire Protection, Victory 55,430,645.00 72,797.00 FP642 Fire Protection, Cato 4,034,141.00 5,100.00 FP643 Fire Protection, Red Creek 13,732,400.00 17,482.00 LD641 (units) Light District, Victory 52.00 1,400.00 LD642 (units) Light District, Westbury 34.00 500.00 Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 441-14 12/16/14) RPS relevy school 15-revised LEVY RETURNED SCHOOL TAX AND AUTHORIZE COUNTY TREASURER TO PAY SAME BY: Joseph Runkle, Chairman, Ways and Means Committee WHEREAS, Real Property Tax Law Article 13 §1330 provides for the collection of Delinquent School taxes by Cayuga County; and WHEREAS, various schools in Cayuga County have returned 2014 delinquent school taxes; and WHEREAS, Cayuga County has added a seven percent relevy penalty; and now therefore be it RESOLVED, that the claims from the various school districts in Cayuga County, including seven percent added by the Treasurer, be audited and the same be placed upon the County Tax Rolls by assessing the taxes due on the various parcels of land as filed with the County Treasurer’s Office by the various School Tax Collectors, and be it further Tuesday, December 16, 2014 ---PAGE BREAK--- 368 RESOLVED, that the County Treasurer be authorized and directed to pay the several districts the amounts returned as indicated. (See Attached) Summary of School Districts Returned Taxes 2015 Tax Year Town Total Aurelius 167,442.76 Brutus 288,657.19 Cato 267,643.58 Conquest 99,766.82 Fleming 82,485.91 Genoa 108,539.11 Ira 152,940.84 Ledyard 134,374.93 Locke 96,989.61 Mentz 144,406.45 Montezuma 72,859.30 Moravia 178,284.50 Niles 209,312.69 Owasco 31,583.81 Scipio 145,990.89 Sempronius 86,636.26 Sennett 265,411.50 Springport 151,888.53 Sterling 346,061.55 Summerhill 120,695.91 Throop 142,705.35 Venice 65,548.16 Victory 118,780.64 Grand Total 3,479,006.29 Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 442-14 (12/16/2014) RPS water sewer relevy 15 LEVY UNPAID WATER AND SEWER BILLS – SEVERAL TOWNS AND CAYUGA COUNTY SEWER AND WATER AUTHORITY BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, pursuant to Section 198 of Town Law, several Towns have turned in listings of delinquent water and sewer rents to be relevied on the County & Town tax bill; and WHEREAS, pursuant to Section 1199 of Public Authorities Law, the Cayuga County Sewer and Water Authority has submitted a listing of delinquent water bills to be relevied on the County & Town tax bill; now, therefore be it RESOLVED, that the following amounts in the respective districts representing unpaid water and sewer bills in the various Towns be levied against property owners in their respective Towns who are liable for service charges and unpaid water and sewer bills as claimed by the Water Department of the City of Auburn or their respective Town, pursuant to Section 198 of Town Law and Section 1199 of Public Authorities Law. Tuesday, December 16, 2014 ---PAGE BREAK--- 369 Unpaid Water and Sewer Charges Relevied onto County Tax Bill Municipality Town Water and/or Sewer Relevy CCWSA Water and/or Sewer Relevy Town Relevy Total Aurelius 12,421.15 1617.77 14,038.92 Brutus 3526.21 3,526.21 Fleming 31,607.30 31,607.30 Genoa 7,148.01 7,148.01 Locke 11,206.10 11,206.10 Mentz 603.96 1081.62 1,685.58 Montezuma 636.72 636.72 Owasco 86,840.23 86,840.23 Springport 29,911.61 29,911.61 Sennett 3,509.77 340 3,849.77 Throop 2,339.44 9037.39 11,376.83 Sterling 15549.9 15,549.90 Totals $186,224.29 $31,152.89 $217,377.18 Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 443-14 (12/16/14) RPS village tax relevy 2015 LEVY RETURNED VILLAGE TAXES & AUTHORIZE THE COUNTY TREASURER TO PAY SAME BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, Cayuga County Local Law #3 for 1987 provides for the collection of certain Delinquent Village Taxes by the County of Cayuga; now, therefore be it RESOLVED, that the following claims from the various Villages within Cayuga County, including 7 percent added by the County Treasurer, be audited and allowed and the same be placed upon the Tax Assessment Rolls, and added to the tax on the various parcels for the amounts shown on the Returned Village tax forms which are filed in the County Treasurer’s Office by the various Village Tax Collectors and Treasurers in the County of Cayuga, and be it further RESOLVED, that the County Treasurer be authorized and directed to pay the various Villages the amounts returned by each and to retain the 7 percent penalty as indicated: Tuesday, December 16, 2014 ---PAGE BREAK--- 370 Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 444-14 (12/16/14) RPS CCSWA tax levy 2015 AUTHORIZING THE LEVY OF TAXES FOR THE CCSWA IN COUNTY WATER DISTRICT 3 & SEWER DISTRICT 2 FOR SEVERAL TOWNS BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, New York State Finance Law requires the legislative body to annually approve the rates, ad valorem or unit based, for taxes to be levied in water and sewer districts; and WHEREAS, the Director of Operations of the Cayuga County Water and Sewer Authority presented rates and ad valorem taxes in Water District 3 and Unit based taxes in Sewer District 2; and now therefore be it RESOLVED, that the following amounts in the respective towns, represent- ing the capital cost outlay and operation and maintenance for the Cayuga County Water and Sewer Authority Water Districts 3, and Sewer District 2 be collected for the 2015 tax roll, are hereby approved: WATER DISTRICT 3 SEWER DISTRICT 2 Aurelius $14,130.40 Sterling $190,850.00 Fleming $489.60 Signed by Runkle, Didio, Farrell, Mahunik, Pecher, Pinkney and Whitman, all in favor. RESOLUTION NO. 445-14 (12/16/14) RPS extend levy 2015 rev AUTHORIZING THE DIRECTOR OF REAL PROPERTY TAX SERVICES TO EXTEND THE LEVY OF TAXES, ESTABLISH RATES FOR THE SAME AND RELEVY UNPAID ITEMS BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the Director of Real Property Tax Services has received from various municipal subdivisions of Cayuga County a report of delinquencies in the payment of village and school taxes, unpaid water and sewer services as provided by the various municipal subdivisions including the CCSWA; and WHEREAS, the Director of Real Property Tax Services has received adopted bud- gets for each of the Towns of Cayuga County including special districts establishing a real property tax levy for each; and now, therefore be it RESOLVED, that the Director of Real Property Tax Services is hereby authorized as follows: To relevy on the appropriate properties any delinquencies in the aforementioned catego- ries and additionally to relevy the appropriate amounts submitted by resolution of the towns and/or villages. To set the rates for town purposes, including special districts, and for County tax pur- poses, said amounts being based on Resolution No. 483-14 adopting the County budget for 2015, approved by the Cayuga County Legislature on December 16, 2014, and resolutions passed by the other 32 municipal subdivisions of the County, adopting their respective budgets for 2015; and be it further Tuesday, December 16, 2014 ---PAGE BREAK--- 371 RESOLVED, that the Director of Real Property Tax Services shall furnish, in a timely manner, to the County Legislature and various town supervisors a list of the tax rates for town, county and special districts. Signed by Runkle, Didio, Farrell, Mahunik, Pinckney and Whitman, all in favor. RESOLUTION NO. 446-14 12.16.14 HR fillhrassociate TO CREATE AND FILL A HUMAN RESOURCES ASSOCIAT BY: Hon. Joseph Runkle, Chairman, Ways and Means. WHEREAS, the Senior Human Resources Associate in the HR/Civil Service Depart- ment has been on an extended medical leave since April 17, 2014 and WHEREAS, said Sr. Human Resources Associate is anticipated to continue to be out for the foreseeable future; and WHEREAS, the redistribution of the Civil Service/HR workload has required the Senior Typist to assume a substantial portion of the duties currently assigned to the Sr. HR Associate which are in addition to her regular duties; and WHEREAS, in the learning of and performance of those duties, the Sr. Typist has gained the knowledge and skill to perform these tasks at a level equivalent to the expec- tations of a Human Resources Associate and, WHEREAS, Sr. Typist made improvements and efficiencies that have greatly im- proved the administrative processes; and WHEREAS, the Sr. Typist has assumed these duties outside her current title and will be compensated for the “out of title work” in accordance with the Collective Bargain- ing Agreement; and WHEREAS, the services provided by the HR/Civil Service department will be best provided by an HR Associate into the future; and WHEREAS, the Civil Service Commission has classified this position; WHEREAS, this change has been integrated into the 2015 budget; now therefore be it RESOLVED, that the Human Resources Administrator be authorized to create and fill a Human Resources Associate, and it be further RESOLVED that the vacated position in the HR/Civil Service Department be un- funded and be it further RESOLVED, that the Human Resources Associate position be filled in accordance with Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 447-14 (12/16/14) TRE FillPayrollPositions AUTHORIZATION TO FILL THE POSITIONS OF PAYROLL SYSTEMS SPECIALIST AND ASSISTANT PAYROLL SYSTEMS SPECIALIST IN THE COUNTY TREASURER’S OFFICE BY: Joe Runkle, Chairman, Ways & Means Committee WHEREAS, the current Payroll Systems Specialist has submitted a letter of resig- nation; and WHEREAS, the County Treasurer desires to promote the current Assistant Payroll Systems Specialist to Payroll Systems Specialist due to her exemplary service; and Tuesday, December 16, 2014 ---PAGE BREAK--- 372 WHEREAS, the current Assistant Payroll Systems Specialist is accessible under Civil Service Rules; and WHEREAS, these positions are critical to the function of processing payroll for the County; and WHEREAS, funding for these positions is included in the 2015 budget, A13251- 51000, under position control numbers 06352 and 06797; therefore be it RESOLVED, that the County Treasurer is hereby authorized fill a full time Payroll Systems Specialist position and a full time Assistant Payroll Systems Specialist immedi- ately upon the vacancy of each position; and be it further RESOLVED, that these position be filled in accordance with the Cayuga County Civil Service Rules and Regulations and the Policies of the County of Cayuga. Signed by Runkle,Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 448-14 (12/16/14) TRE AbolishCreatePositons ABOLISH COMPUTER OPERATOR AND SENIOR ACCOUNT CLERK PART TIME AND CREATE BENEFITS/TAX COLLECTOR ASSOCIATE IN THE COUNTY TREASURER’S OFFICE BY: Joe Runkle, Chairman, Ways & Means Committee WHEREAS, due to a resignation in the Payroll Department and planned subsequent promotion of existing staff the position of Computer Operator will soon be vacant; and WHEREAS, the County Treasurer has reviewed department responsibilities and workflow and recommends the upgrade of this position to create a position to perform the duties of the tax collection and benefits coordinator; and WHEREAS, this will allow the County Treasurer to abolish a Senior Account Clerk Part Time position; and WHEREAS, funding for this new position is available in the 2015 budget, A13251- 51000, under position control number 05128; and WHEREAS, this is a critical position that coordinates the administration of benefits to current and retired County employees; and WHEREAS, this position will also assist the tax collection unit to collect taxes; now, therefore be it RESOLVED, that the position of Computer Operator (Grade 10), position number 05128, and the position of Senior Account Clerk Part Time (Grade 10), position number 06267, be abolished and the position of Benefits/Tax Collector Associate (Grade 10) be created to perform these critical duties; and be it further RESOLVED, that the starting annual salary be set at $33,904 and be placed in the Cayuga County Compensation Plan for 2015; and be it further RESOLVED, that the County is hereby authorized to fill the position of Benefits/ Tax Collector Associate in accordance with the Civil Service Rules and Regulations and policies of Cayuga County. Signed by Runkle,Didio, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. Tuesday, December 16, 2014 ---PAGE BREAK--- 373 RESOLUTION NO. 449-14 (December 16, 2014) HD Fingerlakes Dog Protection 2015 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO RENEW THE CONTRACT BETWEEN FINGER LAKES DOG PROTECTION AGENCY, INC. AND THE COUNTY OF CAYUGA BY: Patrick Mahunik, Chairman of the Health & Human Services Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, Finger Lakes Dog Protection Agency, Inc. has a contract with Cayuga County, which will expire December 31, 2014, to provide rabies and other designated vector borne viruses or diseases affecting animals control services including responding to calls to capture potentially rabid animals; euthanizing, preparing, and shipping ani- mals for rabies or other designated vector borne viruses or diseases testing; confining stray, biting cats or dogs for observation; and collecting, preparing, and shipping mosqui- toes and other insects for testing; and WHEREAS, it is the desire of the Cayuga County Health Department to renew this contract for the period January 1, 2015 through December 31, 2015; NOW, THERE- FORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to renew the contract with Finger Lakes Dog Protection Agency, Inc. as follows: On-call rate from $25.63/day Hourly rate from $26.14/hr. Specimen preparation $25.63 (except for bird preparation, $12.80) Euthanasia from $16.65/prep Confinement of animals for 10-Day Confinement $10.24/day Mileage will be contingent on the IRS Standard Rate 100% reimbursement for costs involved in shipping specimens and be it further RESOLVED, that payment for these services be made from Account #A40104 54123, of the 2015 Health Department budget. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 450-14 (December 16, 2014) HD SPCA Contract 2015 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ENTER INTO A CONTRACT WITH THE FINGER LAKES SPCA OF CNY TO PROVIDE RABIES VACCINATION CLINICS (100% FUNDED) BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, in order to meet the local health department requirement under a re- cently revised NYS law, we are mandated to provide at least three, free to the public, rabies vaccination clinics per year for dogs, cats, and domesticated ferrets; and WHEREAS, in order to accomplish this, it is our desire to contract with the Finger Lakes SPCA of CNY to provide these clinics at a cost not to exceed $1200 with typical Tuesday, December 16, 2014 ---PAGE BREAK--- 374 spending $600-$900 per year plus the cost of vaccine and syringes; NOW, THERE- FORE BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to renew the contract with Finger Lakes SPCA of CNY for the period January 1, 2015 through December 31, 2015 to provide these mandated services (100% State funded); and be it further RESOLVED, that payment for these services will be from Account - - - - - - - - 40104 54123, of the 2015 Health Department Budget. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 451-14 (December 16, 2014) HD Thadine Collier Contract 2015 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO ENTER INTO A CONTRACT WITH THADINE COLLIER, RN BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, there exists in the Environmental Health Division of the Health De- partment a need to provide rabies exposure case management and education services; and WHEREAS, the Health Department relies on obtaining this service through profes- sional contractors; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Director of Public Health be authorized to enter into a contract with Thadine Collier, RN to provide these services for the period January 1, 2015 through December 31, 2015 at the rate of $21.86 per hour; and be it further RESOLVED, that the charges for these services be paid from Account #A40104 54123 of the 2015 Health Department Budget. Signed by Mahunik, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 452-14 12-16-14 HD Create-fillSupNutrition&Nutritionistposition AUTHORIZING THE CAYUGA COUNTY LEGISLATURE AND THE DIRECTOR OF PUBLIC HEALTH TO CREATE A SUPERVISING NUTRITIONIST AND A NUTRITIONIST POSITION AND FILL A SUPERVISING NUTRITIONIST OR NUTRITIONIST POSITION VACANCY IN THE HEALTH DEPARTMENT BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, the WIC Program Nutritionist position (Grade 17) was vacated on 7/ 25/14 and it is necessary to have someone who can fill the role of a Nutritionist; and WHEREAS, such a position is 100% funded; and WHEREAS, a Supervising Nutritionist or Nutritionist could work in various areas where a Nutritionist is needed and could assess nutritional needs of clients and provide education to individuals and populations; and Tuesday, December 16, 2014 ---PAGE BREAK--- 375 WHEREAS, this role will primarily work in the WIC (Women, Infants and Children) Program and assign a food package comparing dietary intake against standards for nutri- tion of normal individuals and provide nutrition counseling to clients and their families regarding foods available through the WIC program, nutrients provided by these foods, and additional foods required to assure satisfaction of complete nutritional needs; and WHEREAS, a Supervising Nutritionist or Nutritionist would determine nutritional needs and eligibility of individual for participation in the WIC Program and related tasks as assigned; and now, therefore, be it RESOLVED, that the positions of Supervising Nutritionist (Grade 19) and Nutri- tionist (Grade 17) be hereby created and the Public Health Director be authorized to fill the Supervising Nutritionist or the Nutritionist position, leaving the other position un- funded at the present time; and be it further RESOLVED, that the Compensation Plan be amended to reflect these changes; and be it further RESOLVED, that the positions be filled in accordance with Civil Service Rules and Regulations and the policies of the County of Cayuga Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 453-14 (December 16, 2014) HS Fill Caseworker Adult Protective Services AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO FILL A CASEWORKER VACANCY IN THE ADULT PROTECTIVE SERVICES UNIT BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, there is a Caseworker vacancy in the Adult Protective Services Unit of Social Services due to retirement effective December 31, 2014; and WHEREAS, the Department is required to be the safety net and provide adult protective services to those individuals unable to protect themselves; and WHEREAS, this position is critical to having enough staff in the unit to manage the open adult protective cases and handle incoming referrals; and WHEREAS, sufficient funding exists in the Social Services Department’s 2014 bud- get to support this position, and the position is reimbursed at 75% Federal and State; NOW, THEREFORE BE IT RESOLVED, that the Director of Community Services be authorized and directed to fill the vacated Caseworker position in the Adult Protective Services Unit, and any fill behind that may occur, in accordance with Civil Services Rules and Regulations and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 454-14 (December 16, 2014) HS Fill Principal Social Welfare Examiner AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO FILL A PRINCIPAL SOCIAL WELFARE EXAMINER POSITION IN THE EMPLOY- MENT UNIT OF THE DEPARTMENT OF SOCIAL SERVICES BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee Tuesday, December 16, 2014 ---PAGE BREAK--- 376 WHEREAS, there is a vacant Principal Social Welfare Examiner position in the Employment Unit of the Department of Social Services due to a retirement effective December 20, 2014; and WHEREAS, this administrative position involves responsibility for planning, coor- dinating, supervising and managing the performance and activities of a group of examiners and sr. examiners in the Employment Unit; and WHEREAS, this position is 75% state and federally funded; NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services be authorized and directed to fill the Principal Social Welfare Examiner position in the Employment Unit of the Depart- ment of Social Services and any fill behinds that may occur in a manner consistent with the rules and regulations of the Cayuga County Civil Service Commission and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor RESOLUTION NO. 455-14 (December 16, 2014) HS Fill Temp Transportation Aide AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO FILL A TEMPORARY TRANSPORTATION AIDE POSITION IN THE SERVICES UNIT OF SOCIAL SERVICES BEHIND A LEAVE OF ABSENCE BY: Patrick Mahunik, Chairman of the Health & Human Service Committee Joseph Runkle, Chairman of the Ways & Means Committee WHEREAS, there exists a Transportation Aide vacancy in the Services Unit of Social Services to be filled on a temporary basis behind a medical leave of absence that was effective November 7, 2014, for an undetermined length of time; and WHEREAS, the Transportation Aide in this unit supervises client visits, transports clients to critical appointments, transports foster children to related appointments; and WHEREAS, in the absence of the Transportation Aide, these duties fall to the caseworkers to do, when they already have full caseloads serving their clients; WHEREAS, this Transportation Aide position is 75% state and federally funded; NOW, THEREFORE, BE IT RESOLVED, that the Director of the Community Services be authorized and di- rected to fill this Transportation Aide position on a temporary basis behind a medical leave of absence for an undetermined length of time, in accordance with Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 456-14 December 16, 2014 MH Fill PN2 015 AUTHORIZE THE FILLING OF A PART-TIME LICENSED PRACTICAL NURSE (MH) POSITION AT THE COMMUNITY MENTAL HEALTH CENTER BY: Mr. Patrick Mahunik, Chair, Health and Human Services Committee, and Mr. Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, nursing services fill a vital and growing need in the Mental Health Department; and Tuesday, December 16, 2014 ---PAGE BREAK--- 377 WHEREAS, there will be a vacant part-time Licensed Practical Nurse (MH) posi- tion in the Community Mental Health Center of Cayuga County as the result of a resignation from position control number 7514; and WHEREAS, this position primarily provides a significant number of indirect nurs- ing functions thereby allowing the Registered Nurses more time for direct patient care to individuals with serious and persistent mental illness; and WHEREAS, the position (7514) is reflected in the 2015 County Budget, line A43101- 51002, as a 100% funded position through state aid and revenues generated by the department; now, therefore, be it RESOLVED, that the Director of Community Services be authorized and is hereby directed to fill the position of one part-time Licensed Practical Nurse (MH) in accordance with the Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 457-14 12/16/14 MH Contract LCSW2015 AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES AND THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN A CONTRACT FOR LICENSED CLINICAL SOCIAL WORK SERVICES. WHEREAS, the Community Mental Health Center needs additional licensed clini- cal social work services in order to meet the need in the County; and WHEREAS, Peggy Lattimore LCSW PLLC has expressed a willingness to provide services to the County on a contractual basis at the following rates: $65 per extended therapy visit as defined by Medicaid regulations $30 per extended therapy visit for individuals with private insurance $20 per hour spent in supervision; and WHEREAS, sufficient funds are available in budget line A43104-54059, Profes- sional Services; and WHEREAS, contracted services do not incur additional costs for fringe benefits, and time off resulting in lost revenue for the department, or legacy retirement costs; now, therefore, be it RESOLVED, that the Chairman of the Legislature and the Director of Community Services be authorized to enter into an agreement with Peggy Lattimore LCSW PLLC for the provision of licensed clinical social work services not to exceed 21 hours per week. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 458-14 12/16/14 MH Contract ChapelHouse12.14 AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO CONTRACT WITH CHAPEL HOUSE, INC. FOR THE PROVISION OF RESPITE SERVICES BY: Patrick Mahunik, Chair, Health and Human Services Committee, and Joseph Runkle, Chair, Ways and Means Committee. WHEREAS, there is a need for Mental Health Respite Services in Cayuga County; and Tuesday, December 16, 2014 ---PAGE BREAK--- 378 WHEREAS, State Aid funding is available for re-allocation within Cayuga County for these services; and WHEREAS, Chapel House, Inc. provides emergency housing, long-term support, and collaboration with other agencies to homeless individuals in the community and is willing to provide respite services to those determined to be in need of room, board, and supervision away from their usual residence; now, therefore, be it RESOLVED, that the Director of Community Services be authorized to enter into a contract with Chapel House for the provision of Respite Services for a cost not to exceed $13,000 annually; and be it further RESOLVED, that the Cayuga County Treasurer be authorized to make the journal entries appropriate and necessary to implement this resolution. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 459-14 12/16/14 MH agency contracts 12. 2014 AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES AND THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE TO SIGN CONTRACTS WITH VARIOUS HUMAN SERVICE AGENCIES FOR SERVICES TO INDIVIDUALS WITH DISABILITIES BY: Mr. Patrick Mahunik Chair, Health and Human Services Committee Mr. Joseph Runkle Chair, Ways and Means Committee. WHEREAS, the Cayuga County Community Mental Health Center receives 100 percent State Aid funding for programs to serve adults, children, and families with dis- abilities who reside in Cayuga County; and WHEREAS, appropriations are included in the Cayuga County Community Mental Health Center budget for the year 2015 for various programs; and now, therefore, be it RESOLVED, that the Director of Community Services and the Chairman of the Cayuga County Legislature be authorized to sign on behalf of the Local Governmental Unit various contracts for services to individuals with disabilities with the following agencies: AGENCY DISABILITY PROGRAM AMOUNT LINE ITEM Seneca Cayuga ARC OPWDD All Services 243,458 43514.54340 Cayuga Counseling MH CHILD RESP 39,344 43434.54302 MH PP 45,041 43434.54312 MH CCSI 35,020 43434.54314 Contact MH All Services 30,034 43484.54000 CHAD OASAS All Services 316,724 43504.54315 Unity House OASAS Halfway House 268,359 43504.54316 MH CSS 52,060 43464.54313 MH PROS 118,924 43464.54317 MH S HOUS 23,020 43464.54320 MH HOUS 46,050 43464.54321 MH RESPITE 23,676 43464.54322 Liberty Resources MH Crisis Services 95,828 43454.54000 Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. Tuesday, December 16, 2014 ---PAGE BREAK--- 379 RESOLUTION NO. 460-14 12/16/14 OFA Amend Meal Contract Dec14 AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE TO AMEND THE CONTRACT WITH ADVANCED INSTITUTIONAL SUPPORT SERVICES FOR PROVISION OF MEALS FOR THE CAYUGA COUNTY OFFICE FOR THE AGING SENIOR NUTRITION PROGRAM. BY: Mr. Patrick Mahunik, Chair, Health & Human Services Committee, and Mr. Joseph Runkle, Chair, Ways and Means Committee WHEREAS, the County and Advanced Institutional Support Services (the “Con- tractor”) previously entered into an agreement dated January 1, 2011 pursuant to which the Contractor agreed to provide certain food services to specific elderly populations of the County as described in the Agreement; and WHEREAS, the County and the Contractor previously amended the agreement on January 1, 2014 pursuant to its terms to keep in effect the cost of providing food during the period of January 1, 2014 through December 31, 2014 of Four Dollars and 47/100 ($4.47) per meal. Now therefore, be it RESOLVED, that the Chairman of the Legislative is authorized to amend the con- tract with Advanced Institutional Support Services to extend the contract period for one year, effective January 1, 2015 through December 31, 2015; and be it further RESOLVED, that during January 1, 2015 through December 31, 2015, County shall pay Four Dollars and 56/100 ($4.56) per meal unless it is mutually agreed upon by both parties to amend the price during this time period. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 461-14 December 16, 2014 AUTHORIZE THE FILLING OF A VACANT STAFF SOCIAL WORKER (CMH) POSITION AT THE COMMUNITY MENTAL HEALTH CENTER DUE TO A RETIREMENT By: Mr. Patrick Mahunik,Chair Health and Human Services Committee, and Mr. Joseph Runkle, Chair Ways and Means Committee. WHEREAS, there will be a vacant full-time Staff Social Worker (CMH) position in the Community Mental Health Center of Cayuga County as the result of a retirement from position control number 5145; and WHEREAS, this position provides direct patient care to individuals with serious and persistent mental illnesses; and WHEREAS, the position (5145) is reflected in the 2015 County Budget, line A43101- 51001, as a 100% funded position through state aid and revenues generated by that individual; now, therefore, be it RESOLVED, that the Director of Community be authorized and is hereby directed to fill the position of one Staff Social Worker (CMH) in accordance with the Cayuga County Civil Service Rules and Regulations and the policies of the County of Cayuga. Signed by Mahunik, Baxter, Bennett, Foley, Pecher, Reginelli, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. Tuesday, December 16, 2014 ---PAGE BREAK--- 380 RESOLUTION NO. 462-14 12/16/14 COL DesignateNewspapers15 DESIGNATING NEWSPAPERS TO PUBLISH COUNTY MATTERS FOR THE YEAR 2015 BY: Michael Didio, Chairman, Government Operations Committee. WHEREAS, Section 214, Subdivision 2, of the County Law directs that the Cayuga County Legislature shall annually designate at least two newspapers for publication of all local laws, notices and other matters required by law to be published during fiscal year 2015; now therefore be it RESOLVED, that the Cayuga County Legislature does hereby designate the follow- ing newspapers for that purpose: Republican Register, (Community Newspaper) Moravia, New York Wayuga, (Lake Shore News), Red Creek, New York The Citizen, Auburn, New York Signed by Didio, Batman, Baxter, Foley, Lattimore, Runkle and Vitale, all in favor. RESOLUTION NO. 463-14 12/16/14 COL organizeleg2014 TO FIX DATE, TIME AND PLACE OF THE MEETING TO ORGANIZE THE CAYUGA COUNTY LEGISLATURE FOR 2015. BY: Michael Didio, Government Operations Committee. WHEREAS, Section 151 of Article 4 of New York State County Law requires the Cayuga County Legislature, by resolution duly adopted during the month of December of each year, to fix the date, time and place to organize the Legislature; now, therefore be it RESOLVED, that the Cayuga County Legislature shall meet for the purpose of organizing the Legislature and choosing a Chairman on the Friday, January 2, 2015 at 6:00 P.M., in the Legislative Chambers on the Sixth Floor of the Cayuga County Office Building, 160 Genesee Street in the City of Auburn, New York. Signed by Didio, Batman, Baxter, Foley, Lattimore, Runkle and Vitale, all in favor. RESOLUTION NO. 464-14 12/16/14 COL ctytax2015 DIRECTING THE LEVY OF TAX AGAINST THE CITY OF AUBURN FOR COUNTY PURPOSES FOR 2015 BY: Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the total amount of taxes levied against the County of Cayuga for the year 2015, in accord with Section 360 of the County Law, and pursuant to the duly adopted County Budget for 2015 in which the City of Auburn participates is $ 38,327,451; and WHEREAS, apportionments of this amount to all municipalities have been made and determined by applying the equalization table as adopted by Resolution No. 316-14 on September 23, 2014; now therefore be it RESOLVED, that the City of Auburn’s share of County Taxes is computed to be $ 8,575,726 for 2015, which is directed to be levied against city properties; and be it further Tuesday, December 16, 2014 ---PAGE BREAK--- 381 RESOLVED, effective January 1, 2015, there is due and payable to the Cayuga County Treasurer by the City of Auburn residents for County Tax Purposes for 2015, the following amount A430 charges covering expenses related to the preparation and mailing of tax bills to city residents for county taxes, a total of $4,228.19 to be spread on the County tax bills going to city property owners; and be it further RESOLVED, that the proportionate share for the City of Auburn for the Commu- nity College charges per Resolution No. 391-14, duly adopted on November 25, 2014 is $ 148,909.70, due and payable to the County Treasurer to be itemized on the county tax bills going to city property owners; and be it further RESOLVED, that the Clerk of the Legislature be and is hereby directed to deliver and file with the City of Auburn, a certified copy of this resolution. Signed by Didio, Batman, Baxter, Foley, Lattimore, Runkle, Vitale, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 465-14 12/16/14 BOE NTSDATASRVSAGREE AUTHORIZING THE CHAIRMAN OF THE LEGISLATURE AND THE COMMISSIONERS OF THE CAYUGA COUNTY BOARD OF ELECTIONS TO SIGN NTS MAINTENANCE AND SUPPORT AGREEMENT FOR THE BOARD OF ELECTIONS BY: Mr. Michael Didio, Chair, Government Operations Committee, and Mr. Joseph Runkle, Chair, Ways & Means Committee WHEREAS, the Cayuga County Board of Elections has had a contract with NTS Data Services LLC for software used in the daily operations of the Board; and WHEREAS, this Agreement will continue use of the NTS software for the mainte- nance and support of Board Operations from January 1, 2015 through January 14, 2019; now therefore be it RESOLVED, that the Chairman of the Cayuga County Legislature and the Commis- sioners of the Cayuga County Board of Elections are hereby authorized to sign a Main- tenance and Support Agreement with the NTS Data Services, LLC. Signed by Didio, Batman, Baxter, Foley, Lattimore, Runkle, Vitale, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor RESOLUTION NO. 466-14 12/16/14 ADM officesupply AUTHORIZING CAYUGA COUNTY TO “PIGGYBACK” ON ONONDAGA COUNTY’S OFFICE SUPPLY CONTRACT WITH OFFICE MAX, INC. By: Hon. Michael Didio, Government Operations Committee Hon. Joseph Runkle, Ways & Means Committee WHEREAS, Cayuga County is presently receiving office supplies through the NYS Contract Vendor Staples, Inc.; and WHEREAS, Onondaga County has recently awarded a bid for office supplies to Office Max, Inc. at a substantial higher discount than we are currently receiving; and WHEREAS, Onondaga County and Office Max will allow Cayuga County to piggy- back on their contract that is in effect from August 1, 2014 through July 31, 2015, with an option to extend for two additional one year periods upon written consent of both parties; and Tuesday, December 16, 2014 ---PAGE BREAK--- 382 WHEREAS, the cost savings of 68.5% discount off of the list price of office sup- plies and a greater discount for commonly used office supplies; now there for be it RESOLVED, that Cayuga County be allowed to “piggyback” on the contract with Office Max, Inc. to receive the same discounts that Onondaga County receives. Signed by Didio, Batman, Baxter, Foley, Runkle, Farrell, Mahunik, Pecher, Pinckney and Whitman, all in favor. RESOLUTION NO. 467-14 12/16/2014 PB 3 YR ECDEV FUNDING rev 5 ESTABLISHING A CAYUGA COUNTY ECONOMIC DEVELOPMENT RESOURCE ASSIGNMENT OF MONIES FOR A THREE-YEAR PERIOD THROUGH ANNUAL ALLOCATIONS FROM THE ONEIDA GAMBLING DISTRIBUTION REVENUE BY: Mr. Paul Pinckney, Chair, Planning & Economic Development Committee Mr. Joseph Runkle, Chair, Ways & Means Committee WHEREAS, the Cayuga County Legislature wishes to create a Cayuga County Economic Development Resource assignment of the unrestricted , unappropriated fund balance, thereby establishing a long-term funding mechanism dedicated to supporting countywide economic development initiatives identified by the Cayuga County Legisla- ture, including but not limited to an annual economic development services contract between Cayuga County and the Cayuga Economic Development Agency (“CEDA”); identification and establishment of development-ready industrial and business sites; and the installation of support infrastructure for industrial and business development; and other economic development projects or initiatives; and WHEREAS, the Cayuga County Legislature has identified and discussed a number of alternative funding resources to support a Cayuga County ED Resource Assignment, including but not limited to utilizing a dedicated portion of the annual sales tax collected in Cayuga County; and WHEREAS, the consideration of, and mechanism for, utilizing a dedicated portion of annual sales tax as a viable long-term funding alternative for a Cayuga County ED Assignment Fund remains under discussion at this time; and WHEREAS, the Cayuga County Legislature has identified the annual New York State Oneida Gambling Distribution revenue as an available and viable funding resource which could be utilized for an interim period of three fiscal years to funds while the Cayuga County Legislature works to coordinate and finalize a suitable long-range funding mechanism for economic development; and WHEREAS, the Cayuga County Legislature believes it is in the County’s best interest to create a Cayuga County ED Assignment Fund within the unrestricted, unap- propriated fund balance utilizing this interim funding mechanism for fiscal years 2015, 2016 and 2017 in support of the County’s ongoing economic development efforts; NOW, THEREFORE BE IT RESOLVED, by the Cayuga County Legislature as follows: 1. That the County hereby authorizes the creation of a Cayuga County Economic Development Resource Assignment, to be created within the unrestricted, unappropri- ated fund balance under a Legislative Budget Account. This Assignment Account will be funded utilizing the New York State funding revenue distributed on a calendar basis to Tuesday, December 16, 2014 ---PAGE BREAK--- 383 Cayuga County from the Oneida Gambling Distribution (Account A13250-42721) and funded through this revenue for a three-year period under County Fiscal Years 2015, 2016 and 2017; and 2. That a portion of the Cayuga County Economic Development Resource Assign- ment, in an amount up to $350,000.00 per year, with the final amount determined annu- ally by the County Legislature and subject to the amount being appropriated by a legislative resolution of the body, be dedicated to funding an annual economic develop- ment services contract between Cayuga County and the CEDA,or/and may be used for, including but not limited to, identification and establishment of development-ready in- dustrial and business sites; and the installation of support infrastructure for industrial and business development; and other economic development projects or initiatives, with the final amount determined annually by the County Legislature and appropriated by a legislative resolution of the body, 3. That all of the annual revenue from the Oneida Gambling Distribution (currently approximately $435K per year) available to Cayuga County on a calendar basis, less any funds appropriated by the Legislature for an annual economic development services contract with CEDA, or for other economic development projects or initiatives, be retained and reserved in the Cayuga County Economic Development Resource Assign- ment to be allocated for future economic development purposes identified and approved by the Cayuga County Legislature from time-to-time via legislative resolution; and 4. The Cayuga County Treasurer is hereby authorized and directed to establish the legislative assignment accounts necessary to implement this resolution and to make the necessary journal and accounting entries required to implement he intent of this resolu- tion; and 5. That this Resolution shall take effect immediately. Signed by Farrell, all in favor. RESOLUTION NO. 468-14 12/16/2014 BLD Extending Natural Gas Agreement 2015 AMENDING AND EXTENDING THE AGREEMENT FOR NATURAL GAS FOR VARIOUS COUNTY OWNED BUILDINGS FOR 2015 BY: Hon., Tucker M, Whitman, Chairman, Public Works Committee, and Hon. Joseph L, Runkle, Chairman, Ways & Means Committee. WHEREAS, Cayuga County excepted a bid for natural gas from Superior Plus Energy Services and this bid had a extension clause; and WHEREAS, Resolution 144-14 authorized the agreement with Superior Plus En- ergy Services to be extended for the term May 1, 2014 to April 30, 2015 at a fixed price of 0.52350 per therm; and WHEREAS, Superior Plus Energy Services assigned the agreement to FTR Energy Services LLC, and WHEREAS, the purchasing agent for Cayuga County noticed that seven of the county’s fifteen (15) natural gas accounts were not put on the new fixed price and as a result we are paying a variable rate of 0.6515 per therm; and WHEREAS, FTR Energy Services LLC advised our purchasing agent that they would lower our fixed price to 0.392 per therm if we would consolidate all of our accounts with them; and Tuesday, December 16, 2014 ---PAGE BREAK--- 384 WHEREAS, that would result in a substantial savings to the county; now therefore be it resolved RESOLVED, that the Chairman of the Cayuga County Legislature is hereby autho- rized and directed to sign an agreement with FTR Energy Services LLC to take advantage of fixed rate pricing of 0.392 per therm for the period of January 1, 2015 through December 31, 2015; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolution. Signed by Whitman, Batman, Bennett, Mahunik, Pecher, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 469-14 12/16/14 BLD Replace PSB Energy Mgt System Upstate 12 14 AUTHORIZATION TO PURCHASE A REPLACEMENT ENERGY MANAGEMENT SYSTEM FOR THE PUBLIC SAFETY BUILDING BY: Hon., Tucker M. Whitman, Chairman, Public Works Committee, and Hon. Joseph Runkle, Chairman, Ways & Means Committee. WHEREAS, the current Johnson Controls Metasys NCM Energy Management System at the Public Safety Building operates on Windows XP; and WHEREAS, Windows XP is no longer supported by Microsoft; and WHEREAS, the Cayuga County’s IT Department advises we cannot allow equipment operating on Windows XP to be part of our system for security reasons; and WHEREAS, the Vendor and the IT Department recommends we upgrade to a Johnson Controls Facility Explorer FX60 Supervisory Class Controller; and WHEREAS, we can purchase the replacement controller at a cost of $11,303.00 including parts and labor; and WHEREAS, for some reason the cost of this upgrade falls on the buildings and grounds department and so will be charged to the County Office Building’s Professional Services Account #A16204-54059; now, therefore be it RESOLVED, that the Superintendent of Buildings and Grounds is authorized to generate a purchase order for this equipment. Signed by Whitman, Batman, Bennett, Mahunik, Pecher, Runkle, Didio, Farrell and Pinckney, all in favor. RESOLUTION NO. 470-14 12/16/14 PT Cato Brutus Trail Cap H 07-02 Res 12 14 rev AUTHORIZING THE TRANSFER OF YEAR END 2014 CATO-FAIR HAVEN TRAILS CONTRACTUAL BUDGET FUNDS IN AN AMOUNT NOT TO EXCEED $4,171.00 TO CAPITAL H FUND 07-02 TO BE USED AS MATCHING FUNDS FOR IMPROVEMENTS TO THE CATO-BRUTUS TRAIL AS REQUIRED BY THE TRANSPORTATION ENHANCEMENT PROGRAM (TEP) GRANT FOR THE PROJECT. By: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, in 2007 Cayuga County was selected to receive funding under the Transportation Enhancement Program (TEP) to be used to enhance the Cato-Brutus Trail; and Tuesday, December 16, 2014 ---PAGE BREAK--- 385 WHEREAS, Resolution 341-07 identifies the acceptance of the funding and the obligations of the County, and WHEREAS, as a recipient of the TEP funding, the County is committed to $79,750 in material, in-kind labor and cash, and WHEREAS, Resolution 341-07 authorized and directed the Cayuga County Trea- surer to establish Capital 07-02 entitled Cato- Brutus Trail Grant in an amount not to exceed $260,040.00; and WHEREAS, it is anticipated that the 2014 Cato-Fair Haven Contractual budget account A71154-54000 will have a balance of $4,171.00, now therefore be it RESOLVED, that the Cayuga County Treasurer is hereby directed to transfer into Capital 07-02, remaining funds not to exceed $4,171.00 from the 2014 Cato-Fair Haven Contractual budget account A71154-54000 to be used toward the County’s match- ing obligation as recipient of the TEP funding. Signed by Whitman, Batman, Bennett, Mahunik, Pecher, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 471-14 12/16/14 PT Pavilion Install VSD to HVAC 12 14 AUTHORIZING THE TRANSFER OF FUNDS OUT OF THE CAPITAL ACCURAL ACCOUNT A-18838 ESTABLISHED BY THE LIMITED LICENSE AGREEMENT FOR THE PAVILION INTO THE EMERSON PARK BUILDING MAINTENANCE ACCOUNT A71104-54012 TO ALLOW THE PARK TO ORDER AND INSTALL VARIABLE SPEED DRIVES ON THE PAVILION AIR HANDLING UNITS By: Tucker Whitman, Chairperson, Public Works Joseph Runkle, Chairperson, Ways & Means Committee WHEREAS, it has been determined that two variable speed drives (VSD) could be installed on the pavilion HVAC System for a cost not to exceed $4,800, and WHEREAS, the variable speed drives will result in less energy consumption and less strain on the HVAC System particularly at startup, and WHEREAS, NYSERDA will provide an incentive of $1,500 for each VSD for a total of $3,000, and WHEREAS, Resolution No. 503-10 authorized a Limited Use License Agreement with H and J Hospitality Inc. which establishes an “interest earning accrual managed by the County to be used for facility improvement, equipment replacement, new equipment and small wares” per Section C paragraph b; and WHEREAS, that Capital Reserve Account #A-18838 currently has funds that can be used to cover this cost; now, therefore be it RESOLVED, that the County Legislature hereby authorizes the Cayuga County Treasurer to transfer up to $4,800 from the interest earning accrual from Capital Reserve Account No. A-18838 for the pavilion at Emerson Park to the Building Maintenance Account for Emerson Park, Account # A71104-54012; and be it further RESOLVED, that the Parks and Trails Department is hereby directed to purchase and have the VSD’s installed at a cost not to exceed $4,800; and be it further RESOLVED, that the Parks and Trails Department is hereby directed to apply for the $3,000 incentive from NYSERDA; and be it further Tuesday, December 16, 2014 ---PAGE BREAK--- 386 RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries required to implement the intent of this resolution and to deposit the NYSERDA incentive funds back into the Capital Reserve Account A-18838 when received. Signed by Whitman, Batman, Bennett, Mahunik, Pecher, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 472-14 December 16, 2014 HWYbidauth2015 AUTHORIZING THE COUNTY ADMINISTRATOR’S OFFICE AND THE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE AND RECEIVE SEALED BIDS FOR THE PURCHASE OF MACHINERY, MATERIALS, TOOLS, EQUIPMENT, FUEL AND EQUIPMENT RENTALS. BY: Tucker Whitman, Chairman Public Works Committee Joseph Runkle, Chairman Way and Means Committee WHEREAS, certain supplies will have to be purchased during 2015 for the County Highway Department; and WHEREAS, the construction season is a short period of the year and items may be required to be bid to meet unusual maintenance needs that must be accomplished during the construction season; and WHEREAS, under Section 103 of the General Municipal Law all purchases of over $20,000 have to be by public advertising and sealed bids; And WHEREAS, the Cayuga County Highway Department is currently seeking to ad- vertise and receive sealed bids for Sign Materials, Sign Faces & Blanks, Hot in Place Pavement Recycling, Liquid Calcium, Stone, Sand, Bituminous Concrete, Diesel Fuel, Equipment Rental and any other bids necessary to accomplish the needs for the Highway Department; now therefore be it RESOLVED, that the Clerk of the Legislature and County Highway Superintendent, be and is hereby authorized and directed, as specified in Section 133 of the Highway Law and Section 103 of the Municipal Law, to advertise and receive sealed bids for machinery, tools, equipment, implements, materials and supplies not limited to the following items: Guide Rail Materials, Sign Materials, Pavement Markings, Road Base Stabilization, Sign Faces & Blanks, Striping, Hot in Place Pavement Recycling, Pipe and Pipe Arch, Liquid Calcium, Transit Concrete Mix, Stone, Sand, Liquid Asphalt, Bituminous Concrete, Gasoline, Diesel Fuel, and Equipment Rental Signed by Whitman, Batman, Bennett, Mahunik, Pecher, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 473-14 December 16, 2014 HWY bid ext 2015 RESOLUTION TO EXTEND CERTAIN 2014 BID ITEMS BY: Tucker Whitman, Chairman of Public Works Joseph Runkle, Chairman of Ways and Means WHEREAS, the bid packets for Highway Equipment and Materials allow for bid extensions if both parties are agreeable; and WHEREAS, these items were bid in 2014; and Tuesday, December 16, 2014 ---PAGE BREAK--- 387 WHEREAS, the successful bidders have been or will be contacted and must agree to the extension of their bid prices by providing a letter stating that they are willing to extend their bids; and WHEREAS, past experience has shown that the bid prices do not go down but generally up every time these items are bid; now therefore be it RESOLVED, to approve the extension of the following 2014 bids for Highway Equipment and Materials: Pipe and Pipe Arch Guiderail Base Stabilization Striping HIP Asphalt Recycling Equipment Rentals Liquid Bituminous Materials Gasoline Transit Mix Concrete And any other material bids the Superintendent deems cost effective to extend; and be it further RESOLVED, the Highway Superintendent is authorized to purchase off the bids using appropriated funds for road and bridge construction and maintenance activities. Signed by Whitman, Batman, Bennett, Mahunik, Pecher, Runkle, Didio, Farrell, Pinckney and Whitman, all in favor. RESOLUTION NO. 474-14 12/16/2014 BLD RehireBuildMaintSupervisor12-14rev THE CURRENT BUILDING MAINTENANCE SUPERVISOR OVERSEEING THE PSB AND NURSING HOME IS SCHEDULED TO RETIRE BEFORE THE END OF THE YEAR. THE SUPERINTENDENT OF BUILDINGS AND GROUNDS PROPOSES TO REHIRE THE RETIRING BUILDING MAINTENANCE SUPERVISOR FOR A PERIOD NOT TO EXCEED THREE WEEKS TO ALLOW FOR TRAINING OF THE REPLACEMENT. BY: Hon., Tucker M, Whitman, Chairman, Public Works Committee, and Hon. Joseph Runkle, Chairman, Ways & Means Committee. WHEREAS, Resolution 368-14 authorized the Superintendent of Buildings and Grounds to fill the position of Building Maintenance Supervisor to replace the Building Maintenance Supervisor that is retiring from the PSB and Nursing Home; and WHEREAS, Resolution 368-14 authorized the Superintendent of Buildings and Grounds to fill the position of Building Maintenance Supervisor 6 weeks prior to the retirement of the current employee so the new person can learn as much as possible about the operation; and WHEREAS, the current Building Maintenance Supervisor must retire by the end of the calendar year in order for his pension paperwork to be processed; and WHEREAS, the replacement Building Maintenance Supervisor must give notice at his current position before starting with the county; and WHEREAS, the current Building Maintenance Supervisor is willing to return for a period not to exceed three weeks to train the new employee; and WHEREAS, Resolution 368-14 authorized the Superintendent of Buildings and Grounds to fund the training from the 2014 Budget Salary Account A16201 for Buildings and Grounds Salary; now therefore be it Tuesday, December 16, 2014 ---PAGE BREAK--- 388 RESOLVED, that the Superintendent of Buildings and Grounds be hereby autho- rized to rehire the Building Maintenance Supervisor for a period not to exceed three weeks in accordance with the Civil Service Rules and Regulations and the policies of the County of Cayuga; and be it further RESOLVED, that the Cayuga county treasurer is authorized to carry over funds from the 2014 Salary Budget into the 2015 Salary Budget Accounts to cover the cost as follows: Salaries A16201-51001 $2,769.24 Social Security and Medicare A16201-58001 $211.85 Workers Comp $83.08 For a total not to exceed $3,064.17 Signed by Whitman, Batman, Pecher, Runkle, Didio, Pinckney and Whitman, all in favor. DEFEATED DEFEATED DEFEATED DEFEATED RESOLUTION NO. 475-14 12/16/14 PT EmersonParkFeesRev1 APPROVING NEW FEES FOR EMERSON PARK AND DIRECTING THE CAYUGA COUNTY TREASURER TO DEPOSIT ANY INCREASED REVENUE GENERATED BY THE INCREASED PARKING AND BOAT LAUNCH FEES (OVER $66,740) INTO THE CAPITAL RESERVE ACCOUNT FOR EMERSON PARK ACCOUNT A18835 STARTING IN THE YEAR 2015 AND CONTINUING FOR FUTURE YEARS BY: Tucker Whitman Chairperson, Public Works Joseph Runkle Chairperson, Ways & Means Committee WHEREAS, the fees at Emerson Park have not been changed for nearly three years; and WHEREAS, the legislature, recognizing that we would be facing a severe budget shortfall for 2015 approved Resolution 36-14 extending the season for charging parking and boat launch fees in order to boost revenue, and WHEREAS, Resolution 36-14 also allowed revenue received in excess of $66,740 for parking and boat launch fees be deposited in a Capital Reserve for Emerson Park, and WHEREAS, the Park Commission, recognizing the current budget shortfall facing the county, decided to reconsider the fees and determined that a change was warranted; and WHEREAS, the Park Commission recommends that the legislature approve the fees on the attached spreadsheet titled “Proposed Fee Changes, Impact Based on 2013 Data”; and WHEREAS, the Park Commission recommends the revenue from parking and boat launch fees in excess of $66,740 continue to be placed in the Capital Reserve for the park; now therefore be it RESOLVED, that the Cayuga County Legislature does hereby approve the new fee structure for Emerson Park; and be it further Tuesday, December 16, 2014 ---PAGE BREAK--- 389 RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to deposit any revenue over $66,740 into the Capital Reserve Account titled Emerson Park Improvements. DEFEATED by roll call vote, Noes, Farrell, Pinckney, Bennett, Reginelli, Mahunik, Lattimore, Didio, Foley and Chapman. Ayes, Whitman, Vitale, Runkle, Batman, Pecher, Baxter. Vote 483/400 Discussion: Mahunik says like I said in committee I will not be supporting these increase in fees. He says I think we need to do everything in our power to get people out to the park. I do agree we need to establish a capital reserve account but I believe there are other ways to do that. He says we also have a master plan that is being imple- mented in the next couple of years and we have the potential for additional monies coming into the County. Didio says, I support Mahunik’ s statements. Bennett says I cannot support this as we are taxing our senior citizens and the disabled people of the County. RESOLUTION NO. 476-14 12/16/14 ACReappointment APPOINTING ADMINISTRATOR INDIGENT DEFENDANTS, PART TIME, AND SETTING SALARIES FOR ADMINISTRATOR INDIGENT DEFENDANTS, PART TIME, AND DEPUTY ADMINISTRATOR INDIGENT DEFENDANTS, PART TIME BY: MR. MARK FARRELL, Chairman, Judicial & Public Safety Committee MR. JOSEPH RUNKLE, Chairman, Ways & Means Committee WHEREAS, the position of Administrator Indigent Defendants, Part Time is a one year fixed term appointment; and WHEREAS, Lloyd E. Hoskins has held the position as Administrator since January 1, 1994; and WHEREAS, the Judicial and Public Safety Committee is recommending the re- appointment of Lloyd E. Hoskins to fill this position; and WHEREAS, the position of Deputy Administrator Indigent Defendants, Part Time is a one year fixed term appointment; now, therefore, be it RESOLVED, that Lloyd E. Hoskins is hereby appointed as Director Indigent De- fendants, Part Time, to serve for one year term commencing January 1, 2015 and ending December 31, 2015, and be it further RESOLVED, that the salary for Director Indigent Defendants, Part Time, the 2015 calendar year thereafter shall be $13,625.00; and be it further RESOLVED, that the salary for Deputy Administrator Indigent Defendants, Part Time for the 2015 calendar year thereafter shall be $7,155.00; and be it further RESOLVED, that the Cayuga County Treasurer is hereby authorized and directed to make the journal and accounting entries necessary to implement the intent of this resolution. Signed by Farrell, Bennett, Didio, Pinckney, Reginelli, Whitman, Runkle, Farrell and Pecher, all in favor. Tuesday, December 16, 2014 ---PAGE BREAK--- 390 RESOLUTION NO. 477-14 12/16/14 SHR AMENDING RESOLUTION 381-14 TO REFLECT THE CORRECT COMMENCEMENT DATE AND LENGTH OF THE AGREEMENT BETWEEN THE CHAIRMAN OF THE CAYUGA COUNTY LEGISLATURE, THE SHERIFF OF CAYUGA COUNTY AND GLOBAL TEL*LINK CORPORATION BY: MR. MARK FARRELL, Chairman, Judicial & Public Safety Committee MR. JOSEPH RUNKLE, Chairman, Ways & Means Committee WHEREAS, it was approved by Resolution No. 381-14 to extend the Agreement between Cayuga County and Global Tel*Link Corporation that provides for the installa- tion, management, operation and maintenance of inmate telephones, enclosures and re- lated equipment; and WHEREAS, said Resolution incorrectly stated the commencement date and length of the Agreement; now therefore be it RESOLVED, that Resolution 381-14 is amended to correctly reflect that said Agree- ment shall be in effect for five years, commencing from the date of the full execution of the Agreement; and be it further RESOLVED, that said portions of the Resolution not herein modified shall remain as resolved in Resolution 381-14. Signed by Farrell, Bennett, Didio, Pinckney, Reginelli, Whitman, Runkle, Farrell and Pecher, all in favor. RESOLUTION NO. 478-14 Date: December 16, 2014 AC Indigent Defense rev RESOLUTION CALLING ON THE STATE TO DEVELOP A 100 PERCENT STATE FUNDED INDIGENT LEGAL DEFENSE SYSTEM AS A WAY TO PROVIDE MANDATE RELIEF AND LOWER PROPERTY TAXES BY: Mark Farrell, Chairman, Judicial & Public Safety Committee Joseph Runkle, Chairman, Ways & Means Committee WHEREAS, the United States Supreme Court held in Gideon v. Wainwright that the right to counsel for one charged with a crime is fundamental and that it is the state’s responsibility to supply lawyers for those unable to afford them; and WHEREAS, in 1965 the State of New York delegated this state responsibility to the counties; and WHEREAS, the decision to entrench responsibility at the county level in the State of New York has resulted in a system by which the County and local property taxpay- ers are burdened with the vast majority of the cost of this state responsibility; and WHEREAS, the shift of costs for this state mandated service has become so imbalanced that the counties of New York now cover more than 80% of the cost burden; and WHEREAS, implementation of the constitutional right to counsel under Gideon is a state, not county, obligation; and WHEREAS, in 2006 the Kaye Commission on the Future of Indigent Defense Services declared that the New York State System of County-Delivered Indigent Services is in crisis and urged the expeditious establishment of an Independent Public Defense Commission; and Tuesday, December 16, 2014 ---PAGE BREAK--- 391 WHEREAS, the State of New York and multiple counties are now defendants, and recently entered into a settlement, in the matter of Hurrell-Harring, et al. v. State of Nell’ York, a systemic lawsuit similar to many that have been successful across the country seeking to transform the indigent legal defense system; and WHEREAS, the settlement will have a profound fiscal impact on the state and each and every county therein; and WHEREAS, the state can both comply with its obligations under the settlement and significantly improve the public defense system by establishing a I 00 percent state funded indigent legal defense program ; and WHEREAS, such a state funded system would relieve the counties of this state of the burden imposed upon them since 1965. NOW, THEREFORE, BE IT RESOLVED that the Cayuga County Legislature calls upon the State of New York and Governor Cuomo to immediately create a 100 percent state funded indigent legal defense and relieve the counties of this state of the burden imposed upon them since 1965. RESOLVED, that the Clerk of the Board is directed to forward a certified copy of this Resolution to the Legislature and Boards of Supervisors of each of New York State’s Counties, the New York State Association of Counties, Senator John DeFrancisco, Sena- tor Michael Nozzolio, Senator James L. Seward, Gary Finch, and Assem- blyman Robert Oaks. Signed by Farrell, Bennett, Didio, Pinckney, Reginelli, Whitman, Runkle, Farrell and Pecher, all in favor. RESOLUTION NO. 479-14 12.16.14 SHR SEACC agmnt 12-15 rev 3 APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE SHERIFFS’S EMPLOYEES ASSOCIATION OF CAYUGA, INC. AND THE COUNTY OF CAYUGA. BY: Mark Farrell, Chairman Judicial & Public Safety Joseph Runkle, Chairman, Ways & Means Committee. WHEREAS, pursuant to Civil Service Law Section 204 the New York State Public Employment Relations Board certified the Sheriff’s Employees Association of Cayuga County, Inc. as the exclusive representative of certain non-law enforcement employees of the Sheriff’s Department on November 1, 2006; and WHEREAS, the County of Cayuga and the Sheriff’s Employees Association of Cayuga County, Inc., have agreed on a new four year Collective Bargaining Agreement (summary attached) for the period January 1, 2012- December 31, 2015 subject to approval by the Cayuga County Legislature; and WHEREAS, the above new four year Collective Bargaining Agreement was ratified and approved by the Association’s membership on December 10, 2014; now, therefore, be it RESOLVED, that the new four year Collective Bargaining Agreement, term January 1, 2012 – December 31, 2015, between the County of Cayuga and Sheriff’s Employees Association of Cayuga County, Inc., is hereby ratified and approved by the Cayuga County Legislature, and that the Chairman of the County Legislature and Chair- man of the Ways & Means Committee are hereby authorized and directed to sign said Agreement on behalf of the County of Cayuga; and be it further Tuesday, December 16, 2014 ---PAGE BREAK--- 392 RESOLVED, that the County Treasurer be and he is hereby authorized to imple- ment any necessary changes in his records and accounts in accordance with the said agreement when it is fully signed and delivered; and be it further RESOLVED, that the Treasurer make any transfers, journal and accounting entries necessary to carry out the same. Signed by Farrell, Bennett, Didio, Pinckney, Reginelli, Whitman, Runkle, Farrell and Pecher, all in favor. Motion by Whitman to amend resolution to a part-time Clerk (Grant Program Coordinator), 2nd by Baxter. Motion passed by a show of hands, all in favor. Motion by Bennett to change the salary of the part-time Grant Program Coordinator to $20,000, 2nd by Runkle, all in favor. Resolution as amended passed by a roll call vote, all in favor, except Farrell and Mahunik, 785/98. RESOLUTION NO. 480-14 12-16-14 DA CARP Grant 2014 rev 5 AUTHORIZATION TO CREATE AND FILL A FULL-TIME ASSISTANT DISTRICT ATTORNEY POSITION, FULL TIME CONFIDENTIAL INVESTIGATOR POSITION, AND AN ADMINISTRATIVE/SECRETARIAL SUPPORT POSITION WITHIN THE DISTRICT ATTORNEY’S OFFICE TO IMPLEMENT THE CARP GRANT AND ABOLISHING POSITIONS. By: Hon. Mark Farrell, Chairman Judicial & Public Safety and Hon. Joseph L. Runkle, Chairman Ways & Means WHEREAS, the Cayuga County District Attorney’s Office has been awarded a renewable Grant with the first annual award amount of $100,000 (10/1/14-9/30/15); and WHEREAS, the Cayuga County District Attorney’s Office has been awarded a $35,000 Member Item through Senator Nozzolio to combat the Heroin Epidemic; and WHEREAS, the Cayuga County Legislature, by Resolution No. 387-14 accepted the CARP Grant and the member item secured by Senator Nozzlio; and WHEREAS, the grant programs require the District Attorney to prosecute addi- tional criminal cases involving crimes against revenue and heroin trafficking cases; and WHEREAS, the District Attorney has demonstrated a need for additional legal assistance in handling the increased workload in the District Attorney’s Office; and WHEREAS, the Cayuga County Legislature is desirous of providing the District Attorney with adequate resources to prosecute various fraud related crimes in Cayuga County, including Heroin and Fraud Related offenses (public assistance fraud, Day Care Fraud, Medicaid Fraud, Welfare Fraud, Misuse of Food Stamps, Unemployment Insur- ance Fraud, Worker’s Compensation Fraud, Insurance Fraud, and various offenses under the Tax Law); and WHEREAS, the grant program requires the District Attorney to comply with legal reporting requirements to carry out the terms of the grant program; and WHEREAS, the District Attorney’s Office has a 2014 Budget Revenue Account A11690 State Aid – Crimes against Revenue Program (CARP)/Legislative Appropria- tions Heroin; and Tuesday, December 16, 2014 ---PAGE BREAK--- 393 WHEREAS, the District Attorney and the Judicial and Public Safety Committee recommend that the Cayuga County Legislature create and authorize the District Attor- ney to fill a full-time Assistant District Attorney Position, full time Confidential Inves- tigator Position, and an administrative/secretarial support position within the District Attorney’s Office to implement the CARP Grant; NOW, upon motion and due delibera- tion, it is hereby RESOLVED, that the Cayuga County Legislature authorizes the establishment and creation of a full-time Assistant District Attorney Position, full time Confidential Inves- tigator Position, and a Grant Program Coordinator support position within the District Attorney’s Office to implement the CARP Grant; and be it further RESOLVED, that the said positions be created and filled in accordance with the Civil Service rules and regulations; and be it further RESOLVED, that the following positions be abolished: part time investigator, position control number 07312 and part time Assistant District Attorney, position con- trol number 01788; and be it further; and it is further RESOLVED, that the salary for the newly created Assistant District Attorney be set at $72,000.00 plus benefits and shall be placed in Part IV of the Cayuga County Compensation Plan for 2014, and be it further RESOLVED, that the salary for the newly created full time Confidential Investiga- tor be set at $62,000.00 plus benefits and shall be placed in Part IV of the Cayuga County Compensation Plan for 2014, and be it further RESOLVED, that the salary for the newly created Grant Program Coordinator be set at $40,000.00 plus benefits and shall be placed in Part IV of the Cayuga County Compensation Plan for 2014, and be it further RESOLVED, that the Cayuga County Compensation Plan for 2014 be amended; and be it further RESOLVED, that the Cayuga County Treasurer be authorized and directed to make the necessary journal and accounting entries to accomplish the foregoing, and it is further RESOLVED, that upon classification under NYS Civil Service Law Section 22 Cer- tification for Positions the District Attorney is authorized to fill these vacancies immedi- ately, by either outside applicants or by promotion from within the Department accord- ing to the Civil Service Rules and Regulations; and be it further RESOLVED, that the District Attorney be hereby authorized to backfill any posi- tion vacancies created by upward promotion from within the department; and be it further RESOLVED, that upon discontinuance or substantial decrease in the Crimes Against Revenue Program monies, as determined by the Judicial and Public Safety Committee, set forth in the Grant Award Agreement between the NYS Division of Criminal Justice Services, New York State Department of Taxation and Finance the positions will be abolished; and be it further RESOLVED, that the Cayuga County District Attorney shall submit quarterly reports to the Judicial and Public Safety program detailing it implementation and billing of the CARP Grant Program. Tuesday, December 16, 2014 ---PAGE BREAK--- 394 Discussion: Sinclair says I have revised the numbers that were in the resolution so it is important to know that the salaries that were estimated in the resolution are not the current salaries that those positions are being paid. She says the personal cost will be at $178,091.56. She says I did these numbers out of curiosity to see if there was a way to make this work and I did not consult the DA’s office when I did this. She says with taking the anticipated revenue coming in this should leave the county with an estimated cost of $20.00. Mahunik asks, how much could the County be out potentially with this. Sinclair says, you are looking at possibly around $30,000 but it depends on the cases that will be prosecuted. Didio asks, that esti- mate of $30,000 could go lower correct. Sinclair says the results could always be better. Sinclair says I just want you to go into this with your eyes open that there could be a significant expense to the County but I think it is important to realize that the current rate of pay at the DA’s office, you could come out okay. Batman says it is my understanding that this resolution will hold quarterly reports and if it appears that the revenue does not equal the expenditures then the program will be discontinued. Chapman says I am not sure if it states quarterly reports or at the completion of the year. Batman says we did talk on several occasions about regular reports. Chapman says quarterly reports are mandated under the terms of the grant according to New York State. He says we could also mandate copies of those reports. Batman says it makes a difference whether we get regular reports to see where we stand opposed to yearly. He says I want us to be on the same page with what are expectations are. Whitman says I am favor for prosecuting crime in Cayuga County even if it is not a revenue line in our budget. Batman says this is not about wanting to prosecute crime or not, this about a specific program that promises to generate a specific amount of money to pay for itself. Foley asks do we know if amending this to part-time will we still be able to utilize the grant because there is no reason to make this part-time if he is saying I can only do this with three full-time people. Budelmann says in regards to the part-time position I was estimating doing it with a full-time position but we can try it with a part-time person to see what we can do. He says the other part is there is another round of CARP funding coming around this January thru December 31, 2015, so if we can get these positions rolling then we can possibly get additional funding then make it a full-time position. Chapman asks Budelmann, are you in agreement that we should move ahead on this. Budelmann say yes, the end of the first quarter of this grant is coming up in the next few weeks so if this is something that the County wants we need to move along. Batman says I think we are having difficulty with this is because we do not know all the terms of this grant. He says going forward if we are going to apply for these grants in the future we need to see the application first rather than having to refuse something that is being offered. Chapman says we do have a policy that grant applications need to be sent to the Clerk’s office and they will be published in the box. Close Public Hearing at 7:08PM Tuesday, December 16, 2014 ---PAGE BREAK--- 395 RESOLUTION NO. 481-14 12/16/2014 COA LL Motor Vehicle Use Tax rev2 FIXING DAY AND NOTICE OF PUBLIC HEARING ON ADOPTING LOCAL LAW FOR THE YEAR 2015, AUTHORIZING THE IMPOSITION OF A LOCAL USE TAX ON MOTOR VEHICLES. BY: CAYUGA COUNTY LEGISLATURE. WHEREAS, there has been duly presented and introduced at a meeting of this County Legislature held on December 16, 2014, a proposed local law entitled: “LOCAL LAW FOR THE YEAR 2015, AUTHORIZING THE IMPOSITION OF A LOCAL USE TAX ON MOTOR VEHICLES.” Now, therefore, be it RESOLVED, that a public hearing shall be held concerning the proposed local law before the Cayuga County Legislature on, January 27, 2015 at 6:30 P.M., at the Cham- bers of the Cayuga County Legislature, County Office Building, 160 Genesee Street, Auburn, New York, and the Clerk of the Cayuga County Legislature is hereby directed to give due legal notice of said public hearing as provided by statute. STATE OF New York CAYUGA OF COUNTY LOCAL LAW NO.____FOR THE YEAR 2015 A LOCAL LAW TO AUTHORIZE THE IMPOSITION OF MOTOR VEHICLE USE TAX IN CAYUGA COUNTY AND AUTHORIZING THE COLLECTION OF SAID FEE BY THE COMMISSIONER OF THE NEW YORK STATE DEPART- MENT OF MOTOR VEHICLES ON BEHALF OF CAYUGA COUNTY BE IT ENACTED by County Legislature of the County of Cayuga as follows: WHEREAS, the Cayuga County Legislature hereby determines that New York State Tax Law Sections 1202 and 120l(e) allow the Commissioner of the New York State Department of Motor Vehicles to collect a special Motor Vehicle Use Tax imposed by the County, exempting Farm and Agricultural plates, and WHEREAS, the Cayuga County Legislature determines that imposing a local fee on the registration of vehicles in Cayuga County will generate additional revenues for the County, NOW THEREFORE BE IT RESOLVED, that the Cayuga County Legislature impose a special Motor Vehicle Use Tax on motor vehicle registrations and authorize the collection of said fee by the New York State Department of Motor Vehicles. RESOLVED, that copies of this resolution be given to the County Clerk, County Treasurer and the New York State Commissioner of Motor Vehicles SECTION 1: DEFINITIONS “Passenger Motor Vehicle” any motor vehicle subject to the registration fee as provided for in Section 401 Subdivision six of the NYS Vehicle and Traffic Law, as amended. “Buses” the term buses shall have the same meaning as defined in Section 104 of the NYS Vehicle and Traffic Law, as amended. “Truck” the term truck shall have the same meaning as defined in Section 158 of the NYS Vehicle and Traffic Law, as amended. Tuesday, December 16, 2014 ---PAGE BREAK--- 396 SECTION 2: IMPOSITION OF TAX Pursuant to Section 401 of the NYS Vehicle and Traffic Law and Section 1202(c) of the Tax Law, a Motor Vehicle Use Tax is hereby imposed on motor vehicles registered within Cayuga County. Such tax shall be collected in accordance with the following schedule: A tax of five dollars ($5.00) per year for passenger motor vehicles of a type com- monly used for noncommercial purposes owned by residents of Cayuga County, and weighing thirty-five hundred pounds or less. . A tax of ten dollars ($10.00) per year for passenger motor vehicles of a type commonly used for non-commercial purposes owned by residents of Cayuga County, and weighing more than thirty-five hundred pounds. A tax of ten dollars ($10.00) per year for trucks, buses and other such commercial motor vehicles used principally in connection with business carried on within Cayuga County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof The tax shall be paid for all registrations and renewals of vehicles for which the registration fee is established in Section 401 of the NYS Vehicle and Traffic Law. The tax shall be applicable to an original or renewal registration transaction only and not to a re-registration transaction. If a fee for a registration transaction is not due, no County Motor Vehicle Use Tax shall be due on that transaction. The applicability of such fee shall be determined based upon the information on the application for registration, as well as any additional documentation required by the Commissioner of Motor Vehicles. The receipt for payment of such fee may be the registration certificate, whether or not it indicates the amount of the tax paid. SECTION 3: EXEMPTIONS A tax imposed by this resolution shall not be imposed upon any vehicle exempt from the registration fee pursuant to the NYS Vehicle and Traffic Law or upon any vehicle registered with Farm or Agricultural plates. The fee imposed by this resolution shall not be imposed upon not-for- profit, religious, charitable or educational organizations qualified for exemption with the New York State Department of Taxation and Finance. Application for exemption from the Vehicle Use Tax must be on form - UT-11 C and filed with the Cayuga County Clerk’s Office. SECTION 4: ADMINISTRATION AND COLLECTION OF FEE BY COMMIS- SIONER OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES As authorized under Tax Law Section 1202(c), the Motor Vehicle Use Tax Fee shall be administered and collected on behalf of Cayuga County by the Commis- sioner of the New York State Department of Motor Vehicles or his agent. Pursuant to Tax Law Section 1202(c) the NYS Commissioner of Motor Vehicles is authorized on behalf of Cayuga County, to make the payment of such fee a condition precedent to the registration or renewal of any vehicle subject to the fee imposed by this resolution. SECTION 5: AGREEMENT BETWEEN COUNTY TREASURER AND COMMIS- SIONER The County Treasurer of Cayuga County is hereby authorized and directed to negotiate and enter into an agreement with the Commissioner of the New York State Department Tuesday, December 16, 2014 ---PAGE BREAK--- 397 of Motor Vehicles for the implementation of this resolution, and such agreement shall provide for the exclusive method of collection, custody and remittal of the proceeds of any such fee and for the payment by the County of the reasonable expenses incurred by the New York State Department of Motor Vehicles in connection with the collection and administration of said tax. The said agreement shall set forth in detail, policies and procedures for collection for underpayment and for refunds. Also, such agreement shall set forth procedures for de- posit and retention of funds and indemnification. SECTION 6: RECOVERY OF FEE any person fails to pay the fee due hereunder, proceedings to recover such fees, as well as any applicable penalties and/or interest, shall be the responsibility of Cayuga County, as set forth in the agreement. A final penalty schedule shall be subject to the approval of the Cayuga County Legislature. SECTION 7: REFUND OF CERTAIN UNUSED REGISTRATIONS Whenever any fee or portion of a fee paid for the registration of a motor vehicle under the provisions of the NYS Vehicle and Traffic Law is refunded pursuant to the provisions of Subdivision 1 of Section 428 thereof, the amount of any tax paid pursuant to this resolution shall also be refunded by the Commissioner. SECTION 8: NOTIFICATION TO COUNTY ATTORNEY The Commissioner shall notify the County Attorney of any litigation insti- tuted against him or her which challenges the constitutionality or validity of any provi- sion of this resolution or which attempts to limit or question the applicability of such resolution, and such notification shall include a copy of the papers served upon him or her. SECTION 9: DISPOSITION OF REVENUES All revenues resulting from the imposition of the tax under this resolution shall be paid into the treasury of the County and shall be credited to and deposited in the Cayuga County Road Repair Reserve of the County. Such funds shall be used to offset costs associated with the repair of roads owned or maintained by the county of Cayuga.. SECTION 10: SEVERABILITY If any provision of this resolution or the application thereof to any person or circum- stances is held invalid, the remainder of this resolution and the application of such provi- sions to other persons and circumstances shall not be affected thereby. SECTION 11: EFFECTIVE DATE This resolution shall take effect March 1, 2015 for original registration transactions and March 1, 2016 for registration renewals. Signed by Pinckney, Runkle, Batman, Pecher, Baxter, Mahunik, Didio and Foley, ap- proved by show of hands, all in favor except for Whitman, Bennett and Lattimore op- posed. Motion by Pecher to amend resolution wording from located within to property owned or controlled by Cayuga County, 2nd by Didio. Foley requests a roll call vote. Amendment passed by majority vote, Ayes- Whitman, Vitale, Runkle, Pecher, Bennett, Lattimore, Didio and Chapman. Noes- Farrell, Pinckney, Batman, Baxter, Reginelli, Mahunik and Foley.485/398. Resolution as amended passed by a major- ity vote, all in favor, except Whitman votes no. 830/53 Tuesday, December 16, 2014 ---PAGE BREAK--- 398 RESOLUTION NO. 482-14 12-16-14 COA LL prohibitdisposalfrackingwaste-appADPrev TO ADOPT LOCAL LAW NO. 7 FOR THE YEAR 2014, A LOCAL LAW PROHIBITING THE SALE, APPLICATION, AND DISPOSAL OF WASTE ASSOCIATED WITH OIL AND NATURAL GAS EXPLORATION, EXTRACTION AND STORAGE ACTIVITIES. BY: Patrick Mahunik, Chairman Health & Human Services Committee WHEREAS, Local Law No. 7 for the year 2014, a Local Law Prohibiting the Sale, Application, and Disposal of Waste Associated with Oil and Natural Gas Exploration, Extraction and Storage Activities; and WHEREAS, pursuant to law and after proper notice having been given, the County Legislature held a public hearing on said Local Law No. 7 for the year 2014 on December 16, 2014 at 6:00 P.M.; now, therefore be it ENACTED, that the Cayuga County Legislature does hereby adopt Local Law No. 7 for 2014, A Local Law Prohibiting the Sale, Application, and Disposal of Waste Associated with Oil and Natural Gas Exploration, Extraction and Storage Activities; and be it further RESOLVED, that the Clerk of the County Legislature publish notice of the adop- tion of the proposed said Local Law in the official newspapers of Cayuga County, one time per week for each of two weeks, the first publication to be within ten (10) days of its effective date. STATE OF NEW YORK COUNTY OF CAYUGA AMENDED LOCAL LAW NO. 7 FOR THE YEAR 2014 A LOCAL LAW PROHIBITING SPECIFIC USES OF WASTE ASSOCIATED WITH OIL AND NATURAL GAS, EXTRACTION ACTIVITIES. BE IT ENACTED by the Cayuga County Legislature of the County of Cayuga, New York, as follows: Section 1. Intent: It is hereby intended to enact a local law to prohibit specific uses of waste associated with the exploration, development and production of oil and natural gas in the County of Cayuga. Section 2. Definitions: As used in this Local Law, the following terms shall have the meanings indicated: 1. As used in this Local Law the term “hydraulic fracturing” shall mean the fracturing of subsurface rock formations, including shale and non-shale formations, by manmade fluid driven techniques for the purpose , or intention of increasing the recovery , natural gas, or other hydrocarbon . 2. As used in this Local Law the term “natural gas extraction activities” or “oil extrac- tion activities” shall mean all activities related to the exploration, development and pro- duction of natural gas, or oil. 3. As used in this Local Law the term “application” shall mean the physical act of placing brine on one or more roads or one or more pieces of property owned or controlled by the County of Cayuga. Each physical act shall be deemed separate when the person committing the act stops for any reason the placement of the brine for any purpose, Tuesday, December 16, 2014 ---PAGE BREAK--- 399 including but not limited to stopping a vehicle used in the placement of the brine, stop- ping work for any reason, or loading or replacing any material or equipment necessary to apply the brine. 4. As used in this Local Law the term “brine” shall include any or all of the following: Produced brine, or water Flow back, or water Hydraulic fracturing fluid, and additives 5. As used in this Local Law the term “flowback” shall mean any fluid that is returned to the surface via the wellbore following any hydraulic fracturing or other type of well stimulation treatment. 6. As used in this Local Law the term “hydraulic fracturing fluid” shall mean any fluid used to hydraulic fracturing and oil or natural gas well, includes the primary carrier fluid and any other additives. 7. As used in this Local Law the term “municipality” shall mean the County of Cayuga. 8. As used in this Local Law the term “production brine” shall mean liquids separated from oil or natural gas during any phase of production. 9. As used in this Local Law the term “roads” shall mean public or private roads, streets, or bridges owned or controlled by the County of Cayuga. 10. As used in this Local Law the term “natural gas waste” and “oil waste” shall include: a. any liquid or solid waste, or its constituents, that is generated as a result of natural gas or oil extraction activities, which may consist of water, brine, chemicals, , naturally occurring radioactive materials (“NORMs”), heavy metals, or other contaminants; and b. leachate from solid wastes associated with natural gas, or oil extraction activities; and c. any waste that is generated as a result of, or in association with the underground storage of natural gas; and d. any waste that is generated as a result of, or in association with, liquefied petroleum gas well storage operations; and e. any products or byproducts resulting from the treatment, processing, or modifi- cation of any of the above wastes. Section 3. Prohibitions: 1. No brine, oil waste or natural gas waste shall be applied to or placed upon real property or roads owned or controlled by the County of Cayuga. 2. The application of brine, natural gas waste or oil waste, whether or not such waste has received a Beneficial Use Determination pursuant to 6 Part 60, on any road or real property owned or controlled by the County of Cayuga for any purpose is prohib- ited. 3. The introduction of brine, natural gas waste or oil waste into any wastewater treat- ment facility within the County of Cayuga which is municipally operated, privately operated or operated by the County of Cayuga is prohibited. 4. The introduction of brine, natural gas waste or oil waste into any solid waste manage- ment facility within or operated by the County of Cayuga is prohibited. 5. The Disposal of hydraulic fracturing fluids, produced or flowback, or natural gas, or oil waste within the County of Cayuga is prohibited. Tuesday, December 16, 2014 ---PAGE BREAK--- 400 Section 4. Bids: Provision to be included in bids and contracts related to the construction or maintenance of publicly owned and/or maintained roads or real property within Cayuga County 1. All bids and contracts related to the purchase or acquisition of materials to be used to construct or maintain any publicly owned and/or maintained road or real property within the Cayuga County shall include a provision stating that no materials containing natural gas waste or oil waste shall be provided to the County of Cayuga. 2. All bids and contracts related to the retention of services to construct or maintain any publicly owned and/or maintained road or real property within the County of Ca- yuga shall include a provision stating that no materials containing natural gas waste or oil waste shall be utilized in providing such a service. 3. In any bid for materials, services or equipment which relate to property mainte- nance or road improvements or road construction, the Municipality, in a bid specification or bid document describing the nature of the services or equipment sought, and any agency or division of the Municipality, shall expressly state in capitalized, bold font, the following statement: “THE PLACEMENT OF BRINE, OIL WASTE, OR NATURAL GAS WASTE ON ANY ROAD OR PROPERTY OF THE COUNTY OF CAYUGA IS UNLAWFUL. ANY BIDDER SHALL FILE A SWORN STATEMENT WITH THEIR BID THAT NO BRINE, OIL WASTE, OR NATURAL GAS WASTE IS DEFINED BY LOCAL LAW OF THE COUNTY WILL BE SOLD TO THE COUNTY AS PART OF THE BID, OR UTILIZED ON OR PLACED ON ANY PROPERTY OR ROAD OF THE COUNTY OF CAYUGA. BIDDERS ARE DIRECTED TO COUNTY OF CAYUGA LOCAL LAW NO. FOR THE YEAR 2014 FOR THE DEFINITION OF BRINE, OIL WASTE, OR NATURAL GAS WASTE.” 4. The following statement, which shall be a sworn statement under penalty of per- jury, shall be included in all bids related to the purchase or acquisition of materials to be used to construct or maintain any publicly owned and/or maintained road or real prop- erty-within the County of Cayuga and all bids related to the retention of services to construct or maintain any publicly owned and/or maintained road or real property within the County of Cayuga: “We, hereby submit a bid for materials, equipment and/or labor for the [County/City/Town/Village] of The bid is for bid documents titled We hereby certify under penalty of perjury that no natural gas waste or oil waste will be used by the undersigned bidder or any contractor, sub-contractor, agent, or vendor agent in connection with the bid; nor will the under- signed bidder or any sub-contractor, agent or vendor agent thereof apply any natural gas waste or oil waste to any road or real property within the County of Cayuga as a result of the submittal of this bid if selected.” Section 5. Duty of Employees to be familiar with this Local Law: The Chairperson of the Cayuga County Legislature and the Cayuga County Administra- tor at the option of the Cayuga County Legislature and the Cayuga County Administra- tor, any Department Head or Commissioner appointed by the Chairperson of the Ca- yuga County Legislature and the Cayuga County Administrator is authorized to develop Tuesday, December 16, 2014 ---PAGE BREAK--- 401 policies to ensure Cayuga County employees are familiar with the provisions of this Local Law and take such steps as are directed by the Chairperson of the Cayuga County Legislature, or the Cayuga County Administrator or such department head or Commis- sioner to ensure a diligent effort by the that materials supplied to the Cayuga County or used on roads or property within the County of Cayuga, comply with this law. This Section shall not excuse non-compliance by a contractor or vendor within of County of Cayuga or any municipal or City subdivision within the territorial limits of Cayuga County. Section 6. Penalties: This law shall apply to any and all actions occurring on or after the effective date of this law. Any violation of Section 4 of this Local Law shall be an unclassified misdemeanor punishable by a fine not to exceed $100,000.00 per violation and/or up to thirty days’ imprisonment. Each action shall constitute a separate and distinct violation. Section 7. Severability: If any clause, sentence, paragraph, subdivision, section or part of this Local Law or the application thereof to any person, individual, corporation, firm partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para- graph, subdivision, section or part of this law or in its application to the person, indi- vidual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 8. Effective: That this Local Law shall take effect sixty days after it is filed with the New York State Department of State, in accordance with the provisions of the Municipal Home Rule of the State of New York. Discussion: Baxter says we have been pushing this around for a while and I think this is where we want it. He says our goal is to protect the people of the County, not just the ones who live on County roads. We need to make a statement of what we want. He says I move that this motion does not pass and we move forward. Pecher says the proper place to make a statement against the state and its actions would be to pass a resolution saying we do not want the state to be spreading waste on our County roads. Didio says the way this is presented my concern if the State comes back to us we will be in trouble. He says I was not put in this seat to gamble with the taxpayer’s money, therefore I will support Pecher’s amendment. Batman says I do not understand the statements from some of the body who have always stood strongly on the protection of the quality of our water. Either we want to protect our water or we do not. Pecher I believe this amendment I am proposing would both protect our waters and protect us from the state. Whitman says I am not sure what the rush is to get this passed before we are fully satisfied with the wording. Foley calls the question. TO ADOPT THE COUNTY BUDGET FOR 2015 Motion to by Runkle to amend budget to withdraw $200,000 from our A fund to be put into the Highway funds, $100,000 to go into the D fund, and $100,000 into the DM fund, 2nd by Whitman, all in favor. Tuesday, December 16, 2014 ---PAGE BREAK--- 402 Motion by Farrell amend budget to not to eliminate the position in EMO but to still cut the funding of the proposed position and allow EMO to decide how they will formulate their budget to make it work and report their plan at January’s Judicial and Public Safety committee meeting, 2nd by Lattimore, all in favor. Motion by Baxter to transfer the $7,500 out of the fund balance that was not utilized in the Bass masters Tournament to Cornell Cooperative Extension bud- get, 2nd by Lattimore, motion passed by show of hands, all in favor, except Whitman, Pecher and Batman. Motion by Lattimore to put $38,000 back in the Soil & Water budget from the fund balance, 2nd by Didio, motion failed by a show of hands, Noes- Whitman, Pinckney, Runkle, Farrell, Mahunik, Foley, Pecher, Bennett, Vitale, Baxter, Batman, Reginelli and Chapman, Ayes- Didio and Lattimore. Motion by Runkle to approve the budget as amended, 2nd by Bennett. Resolution as amended passed by a roll call vote, Ayes- Whitman, Vitale, Runkle, Batman, Baxter, Bennett, Reginelli, Mahunik, Foley, Chapman. Noes- Farrell, Pinckney, Pecher, Lattimore and Didio. 613/270 RESOLUTION NO. 483-14 12/16/14 COL AdoptBudget2015 TO ADOPT THE COUNTY BUDGET FOR 2015 BY: Joseph Runkle, Chairman, Ways & Means Committee. WHEREAS, the Budget officer of the County of Cayuga in compliance with County Law, Section 354, has prepared and filed with the Clerk of the Cayuga County Legislature a tentative budget; and WHEREAS, pursuant to County Law, Section 357, the Ways & Means Committee of this County Legislature, being the committee designated to review the tentative bud- get, has examined the budget and recommended changes; and WHEREAS, the provisions of County Law, Section 358, have been complied with by the Cayuga County Legislature and pursuant to County Law, Section 359, a public hearing was held on December 11, 2014 after advertisement as required by law; now, therefore, be it RESOLVED, that the tentative budget, as heretofore amended, be and hereby is adopted by this Legislature as the budget for the year 2015. LEGISLATIVE CHANGES TO AMEND THE 2015 PRELIMINARY BUDGET NEW PAGE REVENUE EXPENSE TOTAL A99005-54601 296 200,000 7,000,000 A29804- 54000 Cooperative Extension 12 7,500 244,675 A87304-54000 Soil &Water Conservation 16 38,000 686,517 TOTAL 0 245,500 Tuesday, December 16, 2014 ---PAGE BREAK--- 403 Total Impact on A Fund Balance (245,500) D50100-45031 Transfer from A fund 213 200,000 7,000,000 D51104-54093 Machinery Rental 216 100,000 425,000 TOTAL 200,000 100,000 Total Impact on D Fund Balance 100,000 DM51300-42802 Highway Rental 219 100,000 0 1,110,000 TOTAL 100,000 0 Total Impact on DM Fund Balance 100,000 Approved by roll call vote, Ayes, Whitman, Vitale, Runkle, Batman, Baxter, Bennett, Reginelli, Mahunik, Foley and Chapman. Noes, Farrell, Pinckney, Pecher, Lattimore and Didio. 613/270 Motion by Didio to adjourn at 7:57, 2nd by Pinckney, all in favor. Tuesday, December 16, 2014