Document cortlandcountyny_gov_doc_3652b70a3f

1 Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session ~Minutes ~ http://www.cortland-co.org Thursday, January 22, 2015 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Cobb, Willcox Jr. (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Dec 18, 2014 6:00 PM Proclamations & Recognitions Privilege of the floor Mr. Greg Leach spoke in opposition of Agenda Item No. 6. Read a section on flow control from The EnSol Report, received by the County several years ago, which stated flow control would increase revenue, but that there would likely be legal challenges, and costs to haulers may simply be passed on to the public. Ms. Lari Cifaratta spoke in opposition of Agenda Item No. 6, saying that other alternatives to increase revenue should be evaluated first. She said flow control will increase traffic at the landfill which will result in a need for road improvements and repairs. She said the flow control law would increase operational costs due to additional tonnage, and enforcement will also increase personnel costs. Ms. Pam Jenkins spoke in opposition of the proposed solid waste regional partnership and provided a handout. Mr. Pat Leach spoke in opposition to Agenda Item No. 6. He said that Legislators were invited to visit Leach's Custom Trash for a tour and to discuss ways to work with the company to bring trash to the County landfill, which is currently going elsewhere. He said nobody has taken them RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- up on the opportunity. He added that flow control would negatively affect the business, and potentially the 10 employees on staff. Ms. Lesa Williams spoke in favor of Agenda Item No. 6, saying that the Legislature is not elected to represent the best interest of one or two business, rather to benefit all the taxpayers of Cortland County. She said the hauler in Mr. Sudbrink's town does not live in Cortland County or utilize the County landfill, but does bring recyclable material to the County Recycling Center. She said the contract for curbside collection in the City of Cortland mandates that trash shall be tipped at the County landfill, which is one manner of flow control that is already adopted. The County's contract does the same. Mr. John Gale reviewed Casella's 2014 Sustainability Report, which shows strategies already in place throughout the state that will help the County obtain the goals in the Solid Waste Management Plan. He said he would rather see the $10,000 allocated for drafting a Flow Control Law go towards improving waste diversion. He said there are a number of grants available that Cortland County does not even apply for. Presentation of Petitions, Communications, and Notice Receive and File Mr. John Gale distributed a copy of a 2014 Sustainability Report created by Casella. Mr. Troy made a motion to Receive File the report. Second by Mr. Denkenberger. All members voting in favor; none opposed. The motion was approved. Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Resolution Honoring New York State Association of Counties Upon Celebrating Its Ninetieth Anniversary ON MOTION OF BRIGGS RESOLUTION NO. 1-15 RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- Resolution Honoring New York State Association of Counties Upon Celebrating Its Ninetieth Anniversary WHEREAS, the New York State Association of Counties (NYSAC) was organized in 1925 dedicated to the improvement of all county governments in the Empire State, AND WHEREAS, NYSAC is the only statewide association representing the elected and appointed interests of New York State’s 62 counties, including the 5 boroughs of New York City, AND WHEREAS, NYSAC’s major objectives are to strengthen New York’s system of local government, and to make county government an efficient, economic and dynamic part of that system, AND WHEREAS, in order to achieve this aim, NYSAC represents New York counties before Federal, State, and Local officials on matters germane to county government; and informs its membership and the public at large on issues of importance to county government, AND WHEREAS, NYSAC further strives to educate, train and provide research on public policies affecting counties, AND WHEREAS, NYSAC has consistently represented the best interests of all of its members, rural, urban or suburban and their respective priorities, AND WHEREAS, 2015 will mark NYSAC’s ninetieth (90th) year as the counties’ official voice in Albany, AND WHEREAS, it is the intention of this Legislative Body to recognize NYSAC’s 90 years of continuous and dedicated service on behalf of the counties of the Empire State, and to applaud the organization’s expertise, spirit of cooperation and commitment to good government, NOW THEREFORE BE IT RESOLVED, that this Legislative Body pause in its deliberations to commemorate the Ninetieth Anniversary of the New York State Association of Counties, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby directed to transmit a copy of this resolution suitably engrossed, to New York State Association of Counties. Referred from Building & Grounds Committee AGENDA ITEM NO. 2 – Re-Appropriate Funds - Safety Office/Training Videos RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- ON MOTION OF WHEELOCK RESOLUTION NO. 2-15 Re-Appropriate Funds - Safety Office/Training Videos WHEREAS, the Safety Office is in need of new training videos, AND WHEREAS, certain funds were not expended in the 2014 2014 budget, NOWTHEREFORE BE IT RESOLVED, that the 2015 Budget be amended as follows: Decrease: Expense: Account A36205 A52015 Miscellaneous Equipment $917.80 Account A36205 54000 Telephone $391.70 Account A36205 54001 Copy services $ 50.00 Account A36205 54020 Postage $ 50.00 AccountA36205 54040 Dues/subscriptions $100.00 AccountA36205 54075 Equipment $100.00 AccountA36205 54078 Fuel $ 50.07 AccountA36205 54300 Vehicle repairs $697.59 Increase AccountA36205 54035 $2,357.16 AGENDA ITEM NO. 3 – Authorize Agreement Information Technology (All-Mode Communications, Inc.) ON MOTION OF WHEELOCK RESOLUTION NO. 3-15 Authorize Agreement Information Technology (All-Mode Communications, Inc.) WHEREAS, the Maintenance Agreement with All-Mode Communications, Inc. for the Voice over IP(VoIP) PBX and the primary PBX located in the County Office Building has expired on 12/31/2014, AND WHEREAS, the New phone system the County is installing will not be online until the 2nd or 3rd quarter of 2015, the current phone system needs to be kept operational until that time, AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc. for January 1st, 2015 thru December 31st, 2015 with a 30 day cancellation clause has been received in the amount not to exceed $10,320.00 to come out of account 1680 1610 5 4050, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign an agreement on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 4 – Amend Budget/Re-Appropriate Funds Doors/Windows & Auditorium Lighting Project Building & Grounds ON MOTION OF WHEELOCK RESOLUTION NO. 4-15 Amend Budget/Re-Appropriate Funds Doors/Windows & Auditorium Lighting Project Building & Grounds WHEREAS, the Buildings and Grounds Committee has approved and funded a Doors & Window Replacement project - Acc# A16205 52200 16224, and SmartWatt - Auditorium Lighting Retrofit - A16205 52320 2304, AND WHEREAS, those projects are not scheduled to be completed in the 2014 Budget cycle but there will be remaining balances in the accounts, NOW THEREFORE BE IT RESOLVED, that $32,270.36 in ACC# A16205 52200 16224 - Door & Window Project and $24,200.00 in ACC# A16205 52320 2304 - SmartWatt Auditorium Lighting Retrofit will have balances on December 31, 2014 that are to be transferred and re-appropriated into the 2015 Budget using the same account numbers. Referred from Highway Committee AGENDA ITEM NO. 5 – Award Highway Equipment Dump Trucks/Snow Plow Package Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 5-15 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- Award Highway Equipment Dump Trucks/Snow Plow Package Highway Department WHEREAS, the Highway Committee has approved the purchase of two 2016 Western Star 4700 Cab & Chassis with Dump Boxes & Snow Plow Equipment packages, AND WHEREAS, the Onondaga County Bid Reference #7823 for purchasing Western Star Cab and Chassis allows other municipalities within New York State to “piggyback” on the Onondaga County Bid, AND WHEREAS, the Cortland County Highway Department has determined that it is in the best interest of Cortland County to utilize the Onondaga County Bid, AND WHEREAS, the Highway Superintendent has recommended the purchase of two 2016 Western Star 4700 Cab and Chassis with Dump Boxes & Snow Plow Equipment packages as follows: Western Star Trucks VENDOR QUOTE Tracey Road Equipment, Inc. $195,007.70 each 6803 Manlius Center Road East Syracuse, NY 13057 , AND WHEREAS, the amount is not to exceed $390,016.00, AND WHEREAS, there will be a need to modify the 2015 budgeted amount of $376,000.00 to cover said purchase, NOW THEREFORE BE IT RESOLVED, that the 2015 Road Machinery Budget be amended as follows: Increase: Expense: Decrease: Expense: , AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account E51305.52035, Highway Equipment Account for the purchase of two 2016 Western Star 4700 Cab & Chassis equipped with Dump Boxes & Snowplow Equipment Packages to Tracey Road Equipment, Inc. Referred from Solid Waste Committee AGENDA ITEM NO. 6 – Amend Budget/Authorize Agreement - Germano & Cahill, P.C. (County Legislature) E51305.52035 Highway Equipment $15,000.00 E51305.54300 Vehicle Repairs $15,000.00 ---PAGE BREAK--- Mr. Sudbrink asked for a roll call vote. Mr. Boylan read the roll, and the motion was approved with a weighted vote of 31,673. ON MOTION OF HARTNETT RESOLUTION NO. 6-15 Amend Budget/Authorize Agreement - Germano & Cahill, P.C. (County Legislature) WHEREAS, Cortland County is interested in adopting a local law to implement "Flow Control," which would require waste generated in Cortland County to be taken to the Cortland County Landfill, AND WHEREAS, the firm of Germano & Cahill are experts in this field, and have provided the attached engagement letter, AND WHEREAS, there was remaining funds in the 2014 Contingency Account, which have been added to the unappropriated general fund balance, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to execute an agreement with Germano & Cahill, 4250 Veterans Memorial Highway, Holbrook, NY 11741, for legal services associated with drafting and implementing a flow control law, at a cost not to exceed $10,000, AND BE IT FURTHER RESOLVED, that the 2015 budget is here amended as follows: Increase: A1010 54055 Professional Services $10,000.00 Decrease: A359900 General Fund Balance $10,000.00 Referred from Health & Human Services Committee AGENDA ITEM NO. 7 – Amend Budget / Contract Mental Health Department Reduction in State Funding for J. M. Murray Center RESULT: ADOPTED [11 TO 5] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Briggs, Whitney, Price, Denkenberger NAYS: Jones, Wheelock, Steinhoff, Wagner, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 7-15 Amend Budget / Contract Mental Health Department Reduction in State Funding for J. M. Murray Center WHEREAS, the Cortland County Mental Health Clinic and J. M. Murray Center entered into contract #350-14 for the period December 31, 2014 through December 31, 2015 for $206,315.00 AND WHEREAS the New York State Office of Mental Health has reduced the amount of State Aid by $13,059 as part of a Sheltered Workshop transformation process, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Decrease: Revenue: A431043-43490-4216 NYS OMH Funding $13,059.00 Decrease: Expenses: A43105-54870-4216 JM Murray Center $13,059.00 , AND BE IT FURTHER RESOLVED, that contract #350-14 with J. M. Murray Center be amended to include the decrease in State Aid Funding. AGENDA ITEM NO. 8 – Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant ON MOTION OF PRICE RESOLUTION NO. 8-15 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $30,000 for the period of 4/1/15-3/31/16 to continue the Immunization Action Plan Program, AND WHEREAS, these funds will be used to improve immunization levels of people in Cortland County, AND WHEREAS, these funds are in the 2015 budget in accounts A40115.51005-51010 $20,000 (Personnel), and A40115.58020-58065 $10,000 (Fringe), NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 9 – Accept Funds Health Department/Immunization (Immunization Program) Cost of Living Adjustment (COLA) ON MOTION OF PRICE RESOLUTION NO. 9-15 Accept Funds Health Department/Immunization (Immunization Program) Cost of Living Adjustment (COLA) WHEREAS, Resolution # 361-14 gave the Cortland County Health Dept. permission to accept an additional $2,406 in the form of a Cost of Living Adjustment to the Immunization Program funded by the NYS Dept. Health for the period 4/1/14 through 3/31/15 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Immunization Program, AND WHEREAS, it is now desired to amend the resolution to add funds to the 2015 County Budget, previously requested to the 2014 County Budget, AND WHEREAS, the 2015 County Budget needs to be amended as follows: Increase: Revenue: A401143.43450.4032 Immunization Grant $2,406 Increase: Expenditures: A40115.52060 Computer Equipment $2,100 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- A40115.54004 Computer Software $306 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 10 – Authorize Amended Agreement Health Department/Children with Special Needs Program NYS Grant) ON MOTION OF PRICE RESOLUTION NO. 10-15 Authorize Amended Agreement Health Department/Children with Special Needs Program NYS Grant) WHEREAS, Resolution #335-14 gave the Cortland County Health Department permission to enter into an agreement with NYS Department of Health in the amount of $18,203 for the Children with Special Health Care Needs for the period 10/1/14-9/30/15, AND WHEREAS, it is now desired to amend those provisions of such contract, AND WHEREAS, it is mutually agreed by both parties that the Contract period, previously 10/1/14- 9/30/15, will be extended to a 3 year period of 10/1/14-9/30/17, AND WHEREAS, it is mutually agreed by both parties that the Total Contract Amount be increased from $18,203 to $54,609, for an annual amount of $18,203 for each contract year; $18,203 of these funds are already budgeted for in the 2014/2015 budget in Expenditure Accounts A40115.51005, $11,742 (Personnel), A40115.58020-58065, $6,461 (Fringe) and Revenue Account A405944.44451, $18,203 (EI Administration), NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign this amended agreement with the State of New York to accept these funds. AGENDA ITEM NO. 11 – Authorize Agreement/Accept Funds Health Department/Administration Integrated Cancer Services Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 11-15 Authorize Agreement/Accept Funds Health Department/Administration Integrated Cancer Services Program WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. a total of $110,000, for the contract term of 4/1/15-3/31/16 to continue to be the lead agency for the two county Cancer Services Program Breast, Cervical & Colorectal Cancer Partnerships which includes Tompkins County and provides screenings and education, AND WHEREAS, these funds are in the 2015 County Budget in Expenditure Accounts A40105.51005-51010 $61,284 (Personnel), A40105.58020-58065 $46,764 (Fringe), and $1,952 (Maintenance in Lieu of Rent), NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 12 – Amend 2015 Budget NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for Fiscal Years 2013-2014 NYS DOT Contract Number C003761 Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 12-15 Amend 2015 Budget NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for Fiscal Years 2013-2014 NYS DOT Contract Number C003761 Cortland County Planning Department WHEREAS, Resolution 359-12 approved accepting a grant by the New York State Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- of Transportation, pursuant to section 5311, Title 49, United States Code, for the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider under New York State Department of Transportation Contract Number C003761, Supplement Grant Agreement for fiscal year 2013-2014, AND WHEREAS, Resolution 280-14 authorized the amended agreement at the request of the New York State Department of Transportation for the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider under New York State Department of Transportation Contract Number C003761, Supplement Grant Agreement for fiscal year 2013-2014, AND WHEREAS, in order for Cortland County to continue with the grant agreement C003761, Supplement Grant Agreement #2 into fiscal year 2015, NOW THEREFORE BE IT RESOLVED, that the 2015 Budget be amended as follows: Increase: Expense: A56305.52030 Motor Vehicle $475,000. Increase: Revenue: A563044.44597 Section 5311 Capital -State/Federal $427,500. Revenue: A563042-42300 Section 5311 Capital - Local $ 47,500. AGENDA ITEM NO. 13 – Amend 2015 Budget NYS Dept. of Transportation Section 5316 – Job Access and Reverse Commute (JARC) Section 5317 – New Freedom (NF) – Contract C005633 Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 13-15 Amend 2015 Budget NYS Dept. of Transportation Section 5316 – Job Access and Reverse Commute (JARC) Section 5317 – New Freedom (NF) – Contract C005633 Cortland County Planning Department WHEREAS, the U.S. Department of Transportation is authorized to make grants available to States through the Federal Transit Administration (FTA) to support eligible projects under Section 5316 Job Access and Reverse Commute (JARC) (FTA C 90590.1) and Section 5317 New Freedom, AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designated to increase RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- access for recipients of public assistance and low income persons to employment and administer Section 5317 Federal formula reimbursement funds for new public transportation services and public transportation alternatives beyond those required by the American Disability Act of 1990 (ADA), that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services, both as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1, AND WHEREAS, the U.S. Department of Transportation is authorized to make grants available to States through the Federal Transit Administration (FTA) to support eligible projects under Section 5316 Job Access and Reverse Commute (JARC) (FTA C 90590.1) and Section 5317 New Freedom, AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designated to increase access for recipients of public assistance and low income persons to employment, as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1, AND WHEREAS, Seven Valleys Health Coalition serves as the project manager and is responsible for continuing the mobility management program to coordinate the transportation needs of the various human service agencies in Cortland County and continuing the Intelligent Transportation System (ITS) to integrate public and private transit through a broad range of communications, monitoring, scheduling and dispatching technologies, AND WHEREAS, Resolution 64-13, Job Access and Reverse Commute and Resolution 65-13, New Freedom authorized the grant agreement between Cortland County and the New York State Department of Transportation from 1/1/14 to 12/31/15, AND WHEREAS, in order to continue with Contract C005633 into fiscal year 2015, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget is hereby amended as follows to allow the continuation of the JARC and NF grant funding under Contract C005633. Section 5316 Increase Expense A80205-5055-8021 $250,859.23 Increase Revenue A802043-43594-8021 $200,687.38 Increase Revenue Local A802042-42189-8021 $ 50,171.85 Section 5317 Increase Expense A80205-5055-8022 $ 25,727.52 Increase Revenue A802043-43594-8022 $ 20,582.02 Increase Revenue Local A802042-42189-8022 $ 5,145.50 AGENDA ITEM NO. 14 – Amend 2015 Budget Authorize Chair to Sign Medicaid Transportation Enrollment Application New York State Department of Health Cortland County Planning Department ---PAGE BREAK--- ON MOTION OF TROY RESOLUTION NO. 14-15 Amend 2015 Budget Authorize Chair to Sign Medicaid Transportation Enrollment Application New York State Department of Health Cortland County Planning Department WHEREAS, as of December 1, 2014 the Medicaid program implemented a transportation management project in fifty five upstate counties and five counties encompassing New York City in which the Department of Health and the their transportation manager are purchasing direct services and must only use Medicaid enrolled transportation vendors who are currently enrolled in the NYS Medicaid program and have a valid eight-digit Medicaid identification number, AND WHEREAS, Cortland County is not a Medicaid enrolled transportation vendor, as Cortland County does not have a eight digit Medicaid identification number, AND WHEREAS, First Transit has enrolled as a NYS Medicaid transportation provider for Cortland County and has a valid eight digit Medicaid identification number, the New York State Department of Health has indicated that in order for First Transit to be a valid Medicaid Transportation provider in Cortland County, Cortland County must also be enrolled in the Medicaid transportation management program and have a valid eight digit Medicaid identification number, AND WHEREAS, the NYS Department of Health has sent an email to the Cortland County Planning Department indicating that Cortland County has not enrolled as a Medicaid transportation provider and failure to enroll in the Medicaid transportation program, Cortland County’s transportation provider will not be able to obtain Medicaid funded trips, bus pass purchases and associated revenue, AND WHEREAS, there are several counties in New York State that have enrolled in the Medicaid program in order to continue Medicaid transportation services and funding, AND WHEREAS, there is a $542 application fee associated with Cortland County enrolling as a Medicaid transportation provider, AND WHEREAS, Seven Valleys Health Coalition has stated that the 5316 Job Access and Reverse Commute and 5317 New Freedom grant under operating assistance can pay for the application fee however there is a required a 20% local match of $108.40 by Cortland County, AND WHEREAS, the County of Cortland has received money from the auction and sale of buses disposed of under the Cortland County public transportation system, AND WHEREAS, pursuant to New York State Equipment Disposition and Spare Vehicle Factor Policy For Section 5311 Funded Equipment, Section IV, C, the net income from the sale of used buses RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- shall be used to reduce the gross project cost of other capital transit projects, AND WHEREAS, the monies from the sale of buses has been deposited into reserve account A369110, AND WHEREAS, the $108.40 application fee is being used for transportation services and there is a balance of $938 in the reserve account, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature approves submittal of the application by the County to become a Medicaid Transportation as well, in order for First Transit to continue as a Medicaid Transportation provider for Cortland County, NOW THEREFORE BE IT FURTHER RESOLVED, that the 2015 County Budget be amended as follows: Decrease: A369110 Reserve Account $108.40 Increase: A802042-42189.8021 JARC Grant Local $ 54.20 A802042-42189-8022 NF Grant Local $ 54.20 AGENDA ITEM NO. 15 – Authorize 2015 Agreement Cortland County and Southern Tier East Regional Planning Development Board 2015 Planning Department ON MOTION OF TROY RESOLUTION NO. 15-15 Authorize 2015 Agreement Cortland County and Southern Tier East Regional Planning Development Board 2015 Planning Department WHEREAS, a proposed agreement between Cortland County and the Southern Tier East Regional Planning Development Board for 2015 in the amount of $10,000 have been received, AND WHEREAS, funds for this payment of $10,000 are included in the 2015 budget in account A80205.54040, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement for 2015 with the Southern Tier East Regional Planning Development Board. AGENDA ITEM NO. 16 – Authorize 2015 Agreement Cortland County and Central New York RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Donnell Boyden, Majority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- Regional Planning & Development Board 2015 Planning Department ON MOTION OF TROY RESOLUTION NO. 16-15 Authorize 2015 Agreement Cortland County and Central New York Regional Planning & Development Board 2015 Planning Department WHEREAS, resolution 576-00, dated November 29, 2000 authorized the membership of Cortland County on the Central New York Regional Planning & Development Board, AND WHEREAS, a proposed agreement between Cortland County and the Central New York Regional Planning & Development Board for 2015 in the amount of $16,254.00 has been received, AND WHEREAS, funds for this payment are included in the 2015 budget in A80205.54040, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement for 2015 with the Central New York Regional Planning and Development Board. AGENDA ITEM NO. 17 – Authorize 2015 Agreement Cartographic Associates, Inc. (DBA CAI Technologies) and Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 17-15 Authorize 2015 Agreement Cartographic Associates, Inc. (DBA CAI Technologies) and Cortland County Planning Department WHEREAS, Resolution 60-04 authorized a grant from the State Education Department, New York State Archives for a Local Government Records Management Improvement Fund (LGRMIF) RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- to assist the Planning Department in developing an e-Government style website based on geographic information systems records currently possessed by the department to make records and some departmental services more accessible to the public, including flood zones, zoning districts and census data, AND WHEREAS, an Internet Mapping Services (IMS) site was created as a result of this grant, AND WHEREAS, Cortland County contracted with James W. Sewall Company to provide Internet Mapping Services, but James W. Sewall Company is no longer able to provide Cortland County Planning Department with an Internet Mapping Service site, AND WHEREAS, Cortland County has contracted with CAI Technologies to host Query Manager Online (QMO) GIS services for the 2014, 2015 and 2016 time period which includes set up and hosting of an Internet Mapping Service site, AND WHEREAS, the contract with CAI Technologies established a hosting fee of $1,800 for 2014, $3,600 for 2015 and $3,600 for 2016, AND WHEREAS, the County paid CAI Technologies $1,800 for 2014 Query Manager Online annual hosting fee, AND WHEREAS, the County shall pay $3,600 annually for the 2015 and 2016 hosting service, AND WHEREAS, the funds for the 2015 payment of said agreement are included in the 2015 budget, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to sign an agreement with CAI Technologies. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 18 – Resolution Calling on Counties to Promote Organ Donation Registration and Calling on New York State Residents to Join the Donor Registry ON MOTION OF BUSHNELL RESOLUTION NO. 18-15 Resolution Calling on Counties to Promote Organ Donation Registration and Calling on New York State Residents to Join the Donor Registry WHEREAS, through their membership in the New York State Association of Counties RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- (NYSAC), New York’s counties have come together to collectively support several important causes, AND WHEREAS, New York State has the third lowest organ donation registry enrollment rate in the country, with just 22% (approximately 3 million) of all residents age 18 and older registered to be organ donors, compared to the national average of 42%, AND WHEREAS, in New York State there are more than 10,500 people waiting for an organ transplant and each year an estimated 500 individuals die because an anatomical gift did not arrive in time to save their life, AND WHEREAS, one organ donor can save up to 8 lives, AND WHEREAS, counties play a direct role in organ donation through our DMV offices, where people can register to be an organ donor when they apply for their driver’s license and non-driver identifications, AND WHEREAS, county leaders can play an indirect role in increasing rates of organ donations by passing resolutions and promoting organ donation on their websites and through county departments that interact with the public, AND WHEREAS, under the direction of NYSAC Past President Hon. Edward Diana of Orange County, a strong supporter of organ donation who himself has the personal experience of being placed on the organ transport list, counties are encouraging residents to register as organ donors, AND WHEREAS, becoming a registered organ donor in New York State is easy and can be done in many ways, such as, the New York Alliance for Donation website, NYS DMV website, any DMV office, New York State Department of Health website, the voter registration process or by completing a paper enrollment form, NOW THERFORE BE IT RESOLVED, that the County of Cortland does hereby promote programs that encourage residents to register as organ donors, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature send copies of this resolution to Governor Andrew Cuomo, the New York State Legislature, the New York State Association of Counties and all others deemed necessary and proper. AGENDA ITEM NO. 19 – Authorizing a Home Rule Request for Special Legislation to Provide for Implementation of an Additional Telephone Surcharge for Cortland County ON MOTION OF BUSHNELL RESOLUTION NO. 19-15 RESULT: ADOPTED [14 TO 2] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: Linda Jones, George Wagner ABSENT: Amy Cobb ---PAGE BREAK--- Authorizing a Home Rule Request for Special Legislation to Provide for Implementation of an Additional Telephone Surcharge for Cortland County WHEREAS, the FCC has mandated all VHF and UHF land mobile radio systems migrate to narrowband or 12.5 KHz channels, and in order to comply with this FCC mandate, most of Cortland County’s existing radio system equipment which lacks narrowband capability will require replacement, AND WHEREAS, Cortland County has begun implementation of a $14,000,000.00 interoperable emergency communications system to comply with the FCC mandate, which creates a substantial burden upon the county taxpayers, and a telephone user surcharge would assist in the funding of a new countywide interoperable emergency communications system, AND WHEREAS, New York State County Law §303 authorizes counties to impose a telephone surcharge of no more than $.35 per line per month for the payment of system costs associated with public safety communications networks, and this has not been increased since 2002, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to add a new section of law under New York State County Law Article 6- A to permit the implementation of an additional telephone surcharge for Cortland County in the amount of $.65 per line per month in addition to the surcharge under County Law §303, and that the County Attorney draft a proposed bill for presentation to State Senator Seward and Lifton. AGENDA ITEM NO. 20 – Authorizing a Home Rule Request for Special Legislation to Increase the Wireless Surcharge for Cortland County ON MOTION OF BUSHNELL RESOLUTION NO. 20-15 Authorizing a Home Rule Request for Special Legislation to Increase The Wireless Surcharge for Cortland County WHEREAS, the FCC has mandated all VHF and UHF land mobile radio systems migrate to narrowband or 12.5 KHz channels, and in order to comply with this FCC mandate, most of Cortland County’s existing radio system equipment which lacks narrowband capability will require replacement; and WHEREAS, Cortland County has begun implementation of a $14,000,000.00 interoperable emergency communications system to comply with the FCC mandate, which creates a substantial RESULT: ADOPTED [13 TO 3] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: Knolls, Linda Jones, George Wagner ABSENT: Amy Cobb ---PAGE BREAK--- burden upon the county taxpayers, and a wireless surcharge would assist in the funding of a new countywide interoperable emergency communications system, AND WHEREAS, New York State County Law §303 authorizes counties to impose a telephone surcharge of no more than $.35 per line per month for the payment of system costs associated with public safety communications networks, and this has not been increased since 2002, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to amend County Law §308-a in order to permit an increase in the wireless communication surcharge in Cortland County from $.30 to $1.00 per month, and that the County Attorney draft a proposed bill for presentation to State Senator Seward and Lifton. AGENDA ITEM NO. 21 – Amend 2014 / 2015 Budget Department of Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 21-15 Amend 2014 / 2015 Budget Department of Emergency Response & Communications WHEREAS, the County is re-locating it's Emergency Operations Center (EOC) in the County Office Building from the basement to the third floor, AND WHEREAS, previously funds were transferred into the Department of Emergency Response & Communications Professional Services line to cover this expense, AND WHEREAS, the funds need to be transferred from the 2014 Budget to the 2015 Budget, NOW THEREFORE BE IT RESOLVED, that the funds from 2014 are hereby transferred to the 2015 Budget as follows: A30205-54055 Professional Services $5,976.00 AGENDA ITEM NO. 22 – Amend 2015 Budget/ Sheriff's Department (NYS Division of Homeland Security and Emergency Services Grant) RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- ON MOTION OF BUSHNELL RESOLUTION NO. 22-15 Amend 2015 Budget/ Sheriff's Department (NYS Division of Homeland Security and Emergency Services Grant) WHEREAS, the Cortland Sheriff’s Department applied for and has received an award from the NYS Division of Homeland Security and Emergency Services Grant (DHSES E-Grants Notification for SH11-1065-E01; Contract number C970010; FY11 SHSP) for Technical Equipment for the period of September 01, 2014 through August 31, 2016, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget is hereby amended as follows: Increase: A311043-43306-3015 Revenue $15,000.00 Expenses: A31105-52014-3015 Technical Equipment $10,000.00 A31105-54085-3015 Clothing/Uniforms $ 5,000.00 AGENDA ITEM NO. 23 – Declare Surplus Property - 3913 Baker School House Road, Solon (Emergency Response & Communications) ON MOTION OF BUSHNELL RESOLUTION NO. 23-15 Declare Surplus Property - 3913 Baker School House Road, Solon (Emergency Response & Communications) WHEREAS, Cortland County owns vacant property at 3913 Baker School House Road, Solon, 100.00-01-18.000, AND WHEREAS, and the Cortland County Judiciary & Public Safety Committee recommends the RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- Legislature declare the property surplus and dispose of it at public auction or sealed bid, AND WHEREAS, County Law §215 provides that upon the determination that the county real property is no longer necessary for public use, a resolution may be adopted by the affirmative two- thirds vote of the total Legislature, authorizing the sale of the property, NOW THEREFORE BE RESOLVED, that the Cortland County Legislature hereby deems the property at 3913 Baker School House Road, Solon (100.00-01-18.000), is of no public use and that the property be sold at public auction. AGENDA ITEM NO. 24 – Amend 2015 Budget Sheriff's Department (New York State Division of Homeland Security and Emergency Services) Grant Duplicate item Referred from Budget & Finance Committee AGENDA ITEM NO. 25 – A Resolution Authorizing the Issuance Pursuant to the Local Finance Law of Refunding Bonds of the County of Cortland, New York, to be Designated Substantially “Public Improvement Refunding (Serial) Bonds”, and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby ON MOTION OF WHITNEY RESOLUTION NO. 24-15 A Resolution Authorizing the Issuance Pursuant to the Local Finance Law of Refunding Bonds of the County of Cortland, New York, to be Designated Substantially “Public Improvement Refunding (Serial) Bonds”, and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby WHEREAS, the County of Cortland, New York (hereinafter, the “County”) heretofore issued $500,000 Public Improvement (Serial) Bonds, 2004 pursuant to a bond resolution adopted on May 20, 2004 for various objects or purposes, and a bond determination certificate of the County Treasurer dated September 2, 2004 (hereinafter referred to as the “2004 Refunded Bond Certificate”), such Public Improvement (Serial) Bonds, 2004, now outstanding in the amount of $215,000, maturing on March 1st annually in each of the years 2015 to 2019, inclusive, as more fully described in the 2004 Refunded Bond Certificate (the “2004 Refunded Bonds”), and RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: PULLED ---PAGE BREAK--- WHEREAS, the County also heretofore issued $9,820,000 Public Improvement (Serial) Bonds, 2007, pursuant to various bond resolutions for various objects or purposes, and a bond determination certificate of the County Treasurer dated March 1, 2007 (hereinafter referred to as the “2007 Refunded Bond Certificate”), such Public Improvement (Serial) Bonds, 2007, now outstanding in the amount of $7,610,000, maturing on March 1st annually in each of the years 2015 to 2028, inclusive, as more fully described in the 2007 Refunded Bond Certificate (the “2007 Refunded Bonds”), and WHEREAS, the County also heretofore issued $11,310,000 Public Improvement (Serial) Bonds, 2008, pursuant to various bond resolutions for various objects or purposes, and a bond determination certificate of the County Treasurer dated August 7, 2008 (hereinafter referred to as the “2008 Refunded Bond Certificate”), such Public Improvement (Serial) Bonds, 2008, now outstanding in the amount of $9,610,000, maturing on May 15th annually in each of the years 2015 to 2032, inclusive, as more fully described in the 2008 Refunded Bond Certificate (the “2008 Refunded Bonds” and together with the 2004 Refunded Bonds and the 2007 Refunded Bonds, collectively referred to herein as the “Refunded Bonds”), and WHEREAS, it would be in the public interest to refund all, or one or more, or a portion of one or more, of the outstanding principal balance of the Refunded Bonds by the issuance of refunding bonds pursuant to the Local Finance Law, and WHEREAS, each such refunding will result in present value savings in debt service as so required by the Local Finance Law; BE IT RESOLVED, by the County Legislature of the County of Cortland, New York, (by favorable vote of not less than two thirds of said County Legislature) as follows: Section 1. The Refunding Resolution previously adopted by the County on October 23, 2014 is hereby rescinded. Section 2. For the object or purpose of refunding the outstanding aggregate principal balance of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, and (iv) the redemption premium to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $17,352,000 refunding serial bonds of the County pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the “Public Improvement Refunding Bonds” or the “Refunding Bonds”), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $16,260,000, as provided in Section 5 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The County Refunding Bonds shall each be designated substantially “PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND” together with such series designation and year as ---PAGE BREAK--- is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R- 15 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the County Treasurer pursuant to Section 5 hereof. It is hereby further determined that such Refunding Bonds may be issued in series, such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the limitation hereinafter described in Section 11 hereof relating to approval by the State Comptroller. Section 3. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the County Treasurer shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the County by lot in any customary manner of selection as determined by the County Treasurer. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non- certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York which will act as securities depository for the bonds in accordance with the Book-Entry-Only system of DTC. In the event that either DTC shall discontinue the Book-Entry-Only system or the County shall terminate its participation in such Book-Entry-Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non- certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book-Entry-Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (as hereinafter defined). In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the County maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the County Treasurer providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the County Treasurer as fiscal agent of the County for the Refunding Bonds in the event that said County Treasurer does not act as same pursuant to Section 70.00 of the Local Finance Law (collectively the “Fiscal Agent”). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. The County Treasurer, as chief fiscal officer of the County, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as she shall deem proper with the ---PAGE BREAK--- Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said County, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the County, regardless of whether the Refunding Bonds are initially issued in certificated or non-certificated form. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The County Treasurer is hereby further delegated all powers of this County Legislature with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the County by the manual or facsimile signature of the County Treasurer, and a facsimile of its corporate seal shall be imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law as applicable and the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 4. It is hereby determined that: the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds, for each of the objects or purposes for which such Refunded Bonds were issued is as provided in the Refunded Bond Certificate, which is hereby incorporated herein by reference; the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the objects or purposes for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 as applicable of the Local Finance Law; the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, if any, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 5 hereof. Section 5. The financial plans for the aggregate of the refunding authorized by this resolution (collectively, the “Refunding Financial Plan”), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit A attached hereto and hereby made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in two series, one in the principal amount of $8,045,000 to be sold at private sale to Roosevelt & Cross Incorporated and another in the principal amount of $8,215,000 to be sold to the New York State Environmental Facilities Corporation, to refund all of the Refunded Bonds, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in said Exhibit A. This County Legislature recognizes that the Refunding Bonds may be issued in one or more series, and for all of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the County will most probably be different from such assumptions and that the Refunding Financial Plan will also ---PAGE BREAK--- most probably be different from that attached hereto as Exhibit A. The County Treasurer is hereby authorized and directed to determine which of the Refunded Bonds will be refunded and at what time, the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the County Treasurer; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The County Treasurer shall file a copy of his certificates determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Clerk of the County Legislature not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 6. The County Treasurer is hereby authorized and directed to enter into an escrow contract or contracts (collectively the “Escrow Contract”) with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said County Treasurer shall designate (collectively the “Escrow Holder”) for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 7. The faith and credit of said County of Cortland, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall be annually levied on all the taxable real property in said County a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 8. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the County to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof. Section 9. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the County shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an ---PAGE BREAK--- “arbitrage bond” as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 10. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the County hereby elects to call in and redeem each of the Refunded Bonds which the County Treasurer shall determine to be refunded in accordance with the provisions of Section 5 hereof and with regard to which the right of early redemption exists. The sum to be paid therefor on such redemption date shall be the par value thereof, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Refunded Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 11. One series of the Refunding Bonds shall be sold at private sale to Roosevelt & Cross Incorporated (the “Underwriter”). Another series of the Refunding Bonds may be sold to the New York State Environmental Facilities Corporation. The County Treasurer is hereby authorized, at his/her sole discretion, to execute a project finance and loan agreement, and any other agreements with the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 2 hereof, or a portion thereof, by a bond, and/or note issue of the County in the event of the sale of same to the New York State Environmental Facilities. The Refunding Bonds shall be sold for purchase prices to be determined by the County Treasurer, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of such private sale by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the County Treasurer, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the County providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the County Treasurer to the Underwriter in accordance with said purchase contract upon the receipt by the County of said the purchase price, including accrued interest. Section 12. The County Treasurer and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 13. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the County Treasurer and all powers in connection thereof are hereby delegated to the County Treasurer. Section 14. The validity of the Refunding Bonds may be contested only if: a. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or ---PAGE BREAK--- b. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or c. Such obligations are authorized in violation of the provisions of the Constitution. Section 15. The law firm of Trespasz & Marquardt, LLP is appointed bond counsel for the County and this refunding. Roosevelt & Cross Incorporated is appointed Underwriter and Fiscal Advisors and Marketing is appointed as financial advisor to the County for the series of Refunding Bonds having an estimated par amount of $8,045,000, as more particularly identified in Exhibit A. Environmental Capital is appointed Financial Advisor for the series of Refunding Bonds having an estimated par amount of $8,215,000, as more particularly identified in Exhibit A. Section 16. A summary of this resolution, which takes effect immediately, shall be published in the official newspapers of said County, together with a notice of the County Clerk in substantially the form provided in Section 81.00 of the Local Finance Law, and move its adoption. AGENDA ITEM NO. 26 – A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2017 ON MOTION OF WHITNEY RESOLUTION NO. 25-15 A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2017 WHEREAS, New York State Tax Law §1210(i)(12) presently authorizes Cortland County to adopt and amend local laws, ordinances, or resolutions imposing taxes at a rate which is one percent additional to the three percent rate authorized for the county for a period beginning September 1, 1992 and ending November 30, 2013, AND WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such a loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to amend New York State Tax Law §1210(i)(12), extending the expiration date RESULT: ADOPTED [15 TO 1] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: George Wagner ABSENT: Amy Cobb ---PAGE BREAK--- from November 30, 2015 to November 30, 2017. AGENDA ITEM NO. 27 – A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2017 ON MOTION OF WHITNEY RESOLUTION NO. 26-15 A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2017 WHEREAS, New York State Tax Law §253-v presently authorizes Cortland County to adopt and amend local laws imposing a mortgage recording tax of twenty five cents for each one hundred dollars ($100.00) and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated in Cortland County and recorded on or after the date upon which such tax takes effect, (beginning September 30, 2007 and ending December 1, 2015), AND WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such a loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to amend New York State Tax Law §253-v, extending the expiration date from December 1, 2015 to December 1, 2017. AGENDA ITEM NO. 28 – Amend 2014 & 2015 Budget County Attorney Assigned Counsel / Professional Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: George Wagner, Legislative District 15 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [15 TO 1] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: George Wagner ABSENT: Amy Cobb ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 27-15 Amend 2014 & 2015 Budget County Attorney Assigned Counsel / Professional Services WHEREAS, the Cortland County Legislature has set forth funds in the 2014 County budget for the payment of legal fees submitted by attorneys that are appointed to represent indigent defendants, AND WHEREAS, the appropriated fund set forth in the Professional Services line of the County Attorney’s Office for 2014 has a remaining (unspent) balance amount of $57,362.30, AND WHEREAS, several Attorney Fees related to 2014 have yet to be submitted, it is necessary to shift the unspent portion of appropriated funds from the fiscal year 2014 to the 2015 fiscal year, NOW THEREFORE BE IT RESOLVED, that the 2014 & 2015 County Budget be amended as follows: Decrease 2014: A1420.54055 Professional Services $57,362.30 Increase 2015: A1420.54055 Professional Services $57,362.30 AGENDA ITEM NO. 29 – Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) ON MOTION OF WHITNEY RESOLUTION NO. 28-15 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) WHEREAS, the 2015 Adopted Budget appropriated the sum of $285,093to be paid to the Cortland County Soil and Water Conservation District for the expense of maintaining said district and assisting the district in carrying out the provisions of the Soil Conservations Districts Law, AND WHEREAS, Section 223 of the County Law authorizes such payments to be made upon adoption of a resolution directing the County Treasurer to make such payments upon certain terms and conditions, NOW THEREFORE BE IT RESOLVED, that pursuant to Section 223, Subdivision 1 of the County Law, the County Treasurer, upon audit approval, be and hereby is directed to pay the sum of $285,093.00 (Account Number RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- A87105 54850) on or after February 18, 2015 to the Cortland County Soil and Water Conservation District to be used for the maintenance of said conservation district in carrying out the provisions of the Soil Conservation Districts Law, AND BE IT FURTHER RESOLVED, that at any time during 2015, the Chair of the Legislature may request the directors of the Cortland County Soil and Water Conservation District to submit a report in writing of a detailed statement of its work and transactions for the preceding year and for any other period of time requested. AGENDA ITEM NO. 30 – Authorize Agreement - Real Property Tax Services (ESRI Inc.) ON MOTION OF WHITNEY RESOLUTION NO. 29-15 Authorize Agreement - Real Property Tax Services (ESRI Inc.) WHEREAS, Cortland County Real Property Tax Services is in need for ArcGIS software maintenance support for two licenses with Esri Inc., AND WHEREAS, an agreement has been received from Esri Inc. for software maintenance for our two tax mappers software as follows: Terms: February 1, 2015 - January 31, 2016 Payment: $1,480.00 per license Total Price: $2,960.00 to be paid out of account #A13555-54004 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the agreement of behalf of the Cortland County Real Property Tax Services Department, upon the approval of the County Attorney. AGENDA ITEM NO. 31 – Authorize Agreement Cortland County (Cornell Cooperative Extension) ON MOTION OF WHITNEY RESOLUTION NO. 30-15 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- Authorize Agreement Cortland County (Cornell Cooperative Extension) WHEREAS, the 2015 Adopted Budget appropriated funds in the amount of $294,000.00 for the operation of the Cornell Cooperative Extension of Cortland County programs, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement with Cornell Cooperative Extension of Cortland County, AND BE IT FURTHER RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the sum of $294,000 in quarterly payments to the above named agency, AND BE IT FURTHER RESOLVED, that pursuant to Section 224 of the County Law, said agency shall render to the County Legislature a certified account of disbursements with verified or certified figures attached, AND BE IT FURTHER RESOLVED, that any unused amounts of said sums shall be refunded to the County of Cortland. AGENDA ITEM NO. 32 – Authorize Agreement Lime Hollow Nature Center ON MOTION OF WHITNEY RESOLUTION NO. 31-15 Authorize Agreement Lime Hollow Nature Center RESOLVED, that the Chair of this Legislature, be and hereby is authorized and directed, on behalf of the County of Cortland, to enter into an agreement upon approval of the County Attorney, with the Lime Hollow Nature Center for the year 2015 whereby in consideration of the sum of $14,000.00 from surplus Occupancy Tax funds paid by the county, said nature center shall provide access to and promote, publicize and market, the public trains, programs, exhibits within Cortland County, AND BE IT FURTHER RESOLVED, that pursuant to § 224 of the County Law, the said nature center shall render to the County Legislature a verified account of disbursements and verified or certified figures therefore attached, AND BE IT FURTHER RESOLVED, that any unused amount of said sum shall be refunded to the County of Cortland. AGENDA ITEM NO. 33 – Authorize Agreement Cortland County (Federation of Sportsmen) RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 32-15 Authorize Agreement Cortland County (Federation of Sportsmen) WHEREAS, § 224 of County Law of the State of New York authorizes a County to contract with non-profit organizations including associations for the purpose of propagation of game, game birds, and fish, AND WHEREAS, it is the desire of Cortland County to contract with the Cortland County Federation of Sportsmen’s Club for the propagation of game, game birds and fish in order to improve and control wildlife population in Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute a contract with the Cortland County Federation of Sportsmen’s Club in the amount of $2,000 from surplus Occupancy Tax funds (Account Number A87205 54855) for the term of January 1, 2015 through December 31, 2015. AGENDA ITEM NO. 34 – Authorize Agreement Cortland County (1890 House) ON MOTION OF WHITNEY RESOLUTION NO. 33-15 Authorize Agreement Cortland County (1890 House) WHEREAS, the County of Cortland desires to promote cultural activities within the County that are beneficial to the citizens and visitors of the County, AND WHEREAS, the County Legislature has budgeted $12,500.00 from surplus Occupancy Tax funds in the 2015 Budget for the 1890 House, NOW THEREFORE BE IT RESOLVED, that the Chair of Legislature, upon review and approval of the County Attorney, be RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- and hereby is authorized to execute an agreement for the amount of $12,500.00 with the 1890 House Museum. AGENDA ITEM NO. 35 – Authorize Agreement Cortland County (CNY Living History Center) ON MOTION OF WHITNEY RESOLUTION NO. 34-15 Authorize Agreement Cortland County (CNY Living History Center) WHEREAS, the County of Cortland desires to promote historic and cultural activities within the County that are beneficial to the citizens and visitors of the County, AND WHEREAS, the County Legislature has budgeted $15,000.00 from surplus Occupancy Tax funds in the 2015 Budget in account A75205 54841, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to execute an agreement for the amount of $15,000 with the CNY Living History Center. AGENDA ITEM NO. 36 – Authorize Agreement Cortland County Cortland County Historical Society ON MOTION OF WHITNEY RESOLUTION NO. 35-15 Authorize Agreement Cortland County Cortland County Historical Society WHEREAS, the County of Cortland desires to promote cultural activities within the County that are beneficial to the citizens and visitors of the County, AND WHEREAS, the County Legislature has budgeted $22,500.00 from surplus Occupancy Tax funds in the 2015 Budget in account A75205 54826, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review and approval of the County RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- Attorney, be and hereby is authorized to execute an agreement with the Cortland County Historical Society for the purposes of collecting and preserving historical records of Cortland County. AGENDA ITEM NO. 37 – Authorize Agreement Cortland County Convention and Visitors Bureau for Provision of Public Benefits Services For Promotion and Publicity ON MOTION OF WHITNEY RESOLUTION NO. 36-15 Authorize Agreement Cortland County Convention and Visitors Bureau for Provision of Public Benefits Services For Promotion and Publicity WHEREAS, the County of Cortland desires to promote and publicize the advantages, benefits and attractions of Cortland County in order to attract visitors, businesses, and industry, AND WHEREAS, Section 224 of the County Law provides the County may contract with non- profit organizations, other corporations, associations and agencies within the County to provide such publicity services, upon certain terms and conditions, AND WHEREAS, Cortland County has impose a Hotel/Motel Occupancy Tax for the purpose of funding Tourism Promotion and has budgeted funds in the 2015 Adopted Budget, Account Number (A6410554822), NOW THEREFORE BE IT RESOLVED, that pursuant to Section 224 of County Law, the County shall enter into a contract with the Cortland County Convention and Visitors Bureau under the following terms and conditions: 1. The amounts to be paid from County funds shall not exceed Four Hundred Fifty-Eight Thousand and Three Hundred Dollars ($498,300) for term of this agreement. 2. The Bureau shall provide the County with its services and shall promote and publicize the advantages of Cortland County in such a mode and manner as it deems appropriate, including, but not limited to, all media, print, radio, television, direct contact, event publicity, contests, or other promotional devices. 3. Payment shall be made by the County Treasurer in the sum of $249,150 in advance, semiannually, upon receipt of a Memorandum of Receipt duly executed by the principal officer and disbursing officer of the Bureau in which they, on behalf of the Bureau agree to comply with the terms of this Resolution. 4. The term of this Agreement shall be one year from January 1, 2015 to December 31, 2015. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- 5. Within thirty (30) days of the termination of this Agreement, the Bureau shall provide and render to the County a verified account of the disbursements of such organization with verified or certified vouchers therefore attached. The County Auditor may request such verified accounting be rendered to the County each quarter during the term of this Agreement. 6. The Bureau shall refund to the County at the termination of this Agreement, any monies paid by the County remaining unused, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be and hereby is authorized and directed to enter into an agreement, upon review and approval by the County Attorney, for 2015 with the Cortland County Convention and Visitors Bureau for the sum of $498,300 in accordance with the terms of said contract. AGENDA ITEM NO. 38 – Authorize Agreement Finger Lakes Library Association ON MOTION OF WHITNEY RESOLUTION NO. 37-15 Authorize Agreement Finger Lakes Library Association RESOLVED, that the Chair of Legislature, upon review and approval of the County Attorney, be and hereby is authorized to and directed on behalf of the County of Cortland, to enter into an agreement with Finger Lakes Library Association for the year 2015, whereas in consideration of the sum of $3,500.00 from surplus Occupancy Tax funds (Account Number A74105 54830) paid by the County of Cortland, said Finger Lakes Library Association shall provide free library services to the residents of Cortland County, AND BE IT FURTHER RESOLVED, that pursuant to Section 224 of the County Law, the Finger Lakes Library Association shall render to the County Legislature a verified account of disbursements and verified or certified figures attached, AND BE IT FURTHER RESOLVED, that any unused amount of said sum shall be refunded to the County of Cortland. AGENDA ITEM NO. 39 – Authorize Agreement Cortland County SPCA RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 38-15 Authorize Agreement Cortland County SPCA WHEREAS, the Cortland County Legislature has appropriated funds for use by the Cortland County Society for the Prevention of Cruelty of Animals, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into a contract between the County of Cortland and the Cortland County Society for the Prevention of Cruelty to Animals, whereby in consideration of the sum of $48,000.00 paid by the county, beginning January 1, 2015, and ending December 31, 2015, the SPCA will provide during normal business hours Monday through Friday answering service to receive complaints regarding cruelty to animals, investigate all cases involving cruelty to animals and cooperate with appropriate law enforcement agencies in the prevention and prosecution of such cases, AND BE IT FURTHER RESOLVED, that the County Treasurer upon approval by the County Auditor, be and hereby is authorized and directed to pay said Society the sum of $48,000 (Account Number A35105 54820) in accordance with the terms of said contract. AGENDA ITEM NO. 40 – Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds ON MOTION OF WHITNEY RESOLUTION NO. 39-15 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds WHEREAS, Section 554 of the New York State Real Property Tax Law provides a mechanism for the correction of errors on Real Property Tax Rolls by the County Legislature based upon the recommendation of the Director of the County Real Property Tax Services Agency pursuant to an application by an entitled person in cases involving clerical errors, unlawful entries or certain errors RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- in essential fact, AND WHEREAS, Section 554 of the New York State Real Property Tax Law authorizes the County Legislature to delegate to the County Auditor, on an annual basis, the authority to approve such corrections in cases where the correction sought does not exceed twenty-five hundred dollars ($2,500), AND WHEREAS, Section 556 of the New York State Real Property Tax Law provides a mechanism for the refunding of certain real property taxes by the County Legislature based upon the recommendation of the Director of the County Real Property Tax Services Agency pursuant to an application by a taxpayer in cases involving clerical errors, unlawful entries upon the assessment rolls and certain errors in essential fact, AND WHEREAS, said Section 556 of the Real Property Tax Law was amended to authorize the County Legislature to delegate to the County Auditor, on an annual basis, the authority to approve such refunds in cases where the refund sought does not exceed twenty-five hundred dollars ($2,500), AND WHEREAS, both sections also provide that the County Auditor will report to the County Legislature, on a basis, those refund applications which have been approved during the previous month and further provides that all applications which have been denied by the Director, in whole or in part, shall be forwarded to the County Legislature for disposition, NOW THEREFORE BE IT RESOLVED, that pursuant to Sections 554 and 556 of the Real Property Tax Law, the County Legislature does hereby delegate to the County Auditor the authority to approve corrections to the Real Property Tax Rolls and approve certain refunds of real property taxes as outlined in said Sections 554 and 556 of the Real Property Tax Law, in cases where the refund sought does not exceed the amount of twenty-five hundred dollars ($2,500), AND BE IT FURTHER RESOLVED, that this delegation of authority shall remain in effect through December 31, 2015. AGENDA ITEM NO. 41 – Approve Contract, Phillip Lytle LLP Real Property in Rem Foreclosure Proceedings Treasurers Office ON MOTION OF WHITNEY RESOLUTION NO. 40-15 Approve Contract, Phillip Lytle, LLP - Real Property in Rem Foreclosure Proceedings Treasurer’s Office RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- WHEREAS, The Treasurer’s Office and the Budget and Finance Committee recommend that the County contract with Phillips Lytle, LLP, to process the 2014 Real Property In Rem Foreclosures to get these properties back on the tax rolls as soon as possible, AND WHEREAS, the cost of this service as outlined in the contract will be borne by the delinquent taxpayer(s) at a cost of $150 or up to a court approved $508 per redeemed parcel, with a minimal cost to the County, which is already appropriated the 2015 Adopted Budget, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized and directed to enter into contract with Phillips Lytle, LLP, 1400 First Plaza, Rochester, N.Y. 14614 for their representation, counsel and assistance in duly conducting the tax enforcement proceeding for the County of Cortland. AGENDA ITEM NO. 42 – Authorize Tax Collection System Support Agreement Treasurers Office ON MOTION OF WHITNEY RESOLUTION NO. 41-15 Authorize Tax Collection System Support Agreement Treasurer’s Office WHEREAS, The Cortland County Treasurer’s Office collects unpaid property and school taxes through the Systems East Tax Collection System, AND WHEREAS, it is important to have support and maintenance on the Tax Collection System, NOW THEREFORE BE IT RESOLVED, that the annual proposal from Systems East, Inc., 6 Locust Ave., Cortland, N.Y., be accepted at a cost of $14,255.00. These funds shall be taken from budgeted account A13255 54015, Maintenance Agreement and Repairs, and shall be made in two payments of $7,127.50, the first in January and the second in July 2015, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature of Cortland County be and hereby is authorized to sign the agreement of behalf of Cortland County, upon approval of the County Attorney. Agenda Item No. 43 and 44 were not on the agenda, and Mr. Boylan asked for a motion to suspend the Rules of Order to consider them. Mr. Troy made the motion. Second by Mr. Denkenberger. All members voting in favor; none opposed. AGENDA ITEM NO. 43 – Correction of Errors (Sec. 554, RPTL) to Remove Certain School Relevies from the Town & County Taxes for 2015, Which Had Been Paid in a Timely Manner. Mr. Deal said several school districts sent in relevies and he anticipates additional changes will RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- be received. ON MOTION OF BRIGGS RESOLUTION NO. 42-15 Correction of Errors (Sec. 554, RPTL) to Remove Certain School Relevies from the Town & County Taxes for 2015, Which Had Been Paid in a Timely Manner WHEREAS, Section 554 of the New York State Real Property Tax Law provides a mechanism for the correcting of certain real property taxes by the County Legislature based upon the recommendation of the Director of the County Real Property Tax Services Agency pursuant to an application by a taxpayer in cases involving clerical errors, unlawful entries upon the assessment rolls and certain errors in essential fact, AND WHEREAS, such applications were made by the owners of: Erroneous School Corrected Tax Bill Town Tax Roll Tax Map # Relevy to be Removed Totals to be Created Cortlandville 95.06-01-29.000 $5,537.53 $4,872.98 Preble 37.00-02-14.110 $1,815.36 $1,982.29 Cuyler 11.00-01-21.000 $7,236.65 $5,403.04 WHEREAS, these above referenced Tax Parcels had paid their school taxes in a timely manner, but due to a clerical error their school taxes were still placed on a relevy list submitted to the County which were then added to their respective Town & County tax bills, AND WHEREAS, the respective Tax Collectors for these bills are prohibited from collecting a portion of the original tax bills, it is important that these three corrections of errors be approved in order to allow the corrected bills to be issued and collected, NOW THEREFORE BE IT RESOLVED, that pursuant to Section 554 of the Real Property Tax Law, the County Legislature does hereby delegate to the respective Town Tax Collectors the authority to create the above corrections of real property taxes as outlined in said Section 554 of the Real Property Tax Law, and forward the corrected tax bills to their respective property owners. Upon receipt of these revised tax bills the taxpayers will have 8 days to pay them without interest or penalty. AGENDA ITEM NO. 44 – Create Special Committee to Recommend Candidate for Director of Budget & Finance Ms. Briggs said the County has not yet determine how to permanently handle the portions of the RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- County Administrator job title that are not included in the Director of Budget & Finance job, and that she hopes to get that addressed soon. ON MOTION OF BRIGGS RESOLUTION NO. 43-15 Create Special Committee to Recommend Candidate for Director of Budget & Finance WHEREAS, Cortland County Resolution 375-14 created the position of Director of Budget & Finance, AND WHEREAS, the position has been posted and applications have been received, AND WHEREAS, the Cortland County Legislature’s Rules of Order state that a Special Committee shall be established by resolution, specifying the powers and duties of the committee and the number of its members, who are to be appointed by the Chair, NOW THEREFORE BE IT RESOLVED, that an Special Committee is hereby established to recommend a candidate to the full Legislature to fill the position of Director of Budget & Finance, AND BE IT FURTHER RESOLVED, that this Special Committee, with assistance from the Personnel Director and other appropriate County Personnel, shall review applications, schedule and conduct interviews and recommend a candidate for appointment, AND BE IT FURTHER RESOLVED, that the Special Committee shall be comprised of the following Legislators: Susan Briggs Mary Ann Discenza Luke Snyder George Wagner Kevin Whitney Announcements Ms. Briggs said the Agriculture/Planning Committee did approve the transfer of County-owned property adjacent to Lime Hollow to the Town of Cortlandville, however the County Attorney's office is still working on the matter, so it will be acted upon at a future date. Ms. Price thanked everyone for their support during her recent absence. Mr. Troy thanked Senator Jim Seward for making his annual State of the County address. RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb ---PAGE BREAK--- Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, February 26, 2015 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Discenza (Excused), Price (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Jan 22, 2015 6:00 PM Proclamations & Recognitions Proclaiming Agriculture Day in Cortland County Mr. Boylan read the proclamation, and Legislator Don Boyden, who also serves on the Board of Directors for the Soil & Water Conservation District, presented it to Amanda Barber, Director of SWCD. Privilege of the floor Presentation of Petitions, Communications, and Notice State of the College Address - President Carl Haynes President Carl Haynes provided the State of the College Address. Receive and File County Clerk's 2014 Annual Report Mr. Troy made a motion to Receive & File the 2014 County Clerk's report. Seconded by Mr. RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- Wheelock. All members voting in favor; none opposed. The motion was approved. Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Referred from Building & Grounds Committee AGENDA ITEM NO. 1 – Authorize Agreement Information Technology (Finger Lakes Technologies Group, Inc.) ON MOTION OF WHEELOCK RESOLUTION NO. 44-15 Authorize Agreement Information Technology (Finger Lakes Technologies Group, Inc.) WHEREAS, more Departments have become reliant on the Internet for their day to day work, AND WHEREAS, the State and Federal Governments have also placed many applications that County Departments are required to use on the Internet, AND WHEREAS, many training classes that would normally require travel and lodging expense can now be done online saving the County money, AND WHEREAS, The Internet has transforming from a tool for communicating and gathering data to a must have available 24 x 7 x 365 it has been necessary to have a second redundant connection to the internet, AND WHEREAS, quotes have been received for this redundant Internet connection and Finger Lakes Technologies, Inc. (FLTG) was the least expensive at $830.00/month including a block of 13 IP addresses with a one-time installation charge of $500.00 for a term of 36 months from date of installation, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement on behalf of the Cortland County RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- Information Technology Department with payments to be made from Account A16105-54000 - Telephone Shared Service. AGENDA ITEM NO. 2 – Accept Proposal/Amend 2015 Budget Buildings and Grounds Parking Lot Renovations ON MOTION OF WHEELOCK RESOLUTION NO. 45-15 Accept Proposal/Amend 2015 Budget Buildings and Grounds Parking Lot Renovations WHEREAS, the Cortland County Buildings and Grounds and Highway Committees are desirous of renovating/reconstructing , repairing parking lots located at the County Office Building, Court House and 37 Church St., AND WHEREAS, the Cortland County Highway Department has solicited proposals from the Suite Kote in reference to the services required to complete the renovation/reconstruction and repairing of its parking lots and recommends “piggy-backing” with the NYS Office of General Services bids, AND WHEREAS, those proposals are summarized as; Court House/Sheriff parking lot $200,703.30 Greenbush & Central parking lot $ 14,715.00 37 Church St. parking lot $ 64,775.00 County Office Building parking lot $215,917.18 COB Courtyard parking lot $ 20,566.00 Elm St. parking lot $ 23,550.00 Total $540,226.48 , AND WHEREAS, these estimates include weekend and holiday cost estimates, AND WHEREAS, striping of the parking lots is estimated at $10.00 per parking space and there are an estimated 457 total parking spaces for a total of $4,570.00, AND WHEREAS, there may be a need for truing and leveling after milling is completed and addressing unknown issues during the project a 10% contingency ($24,023.00) and Highway Dept. engineering and construction fees ($99,796.00) have been included in the total cost of the project which will total RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- $698,615.48, AND WHEREAS the Buildings and Grounds Committee and Highway Department are desirous of completing this project in the 2015 Budget cycle, AND WHEREAS, the Buildings and Grounds and Highway Committee are recommending the project be funded from Appropriated Fund Balance - Account # A359900, NOW THEREFORE BE IT RESOLVED, that the Cortland Legislature accepts the proposals from Suite Kote Corporation, directs the Treasurer to create Account Number A16205 54076 2304 - Reconstruction County Parking Lots and amends the 2015 Budget to reflect those additions, AND BE IT FURTHER RESOLVED, that this repair/renovation project be committed to a bi-annual maintenance program to include crack sealing, surface sealing and re-striping that will commence with the 2017 Budget process at a cost to be determined by current pricing at the time. Referred from Health & Human Services Committee AGENDA ITEM NO. 3 – Accept Funds Health Department/Tobacco (Advancing Tobacco Free Communities) Cost of Living Adjustment (COLA) ON MOTION OF BRIGGS RESOLUTION NO. 46-15 Accept Funds Health Department/Tobacco (Advancing Tobacco Free Communities) Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $19,549 in the form of a Cost of Living Adjustment to the Advancing Tobacco Free Communities Program funded by the NYS Dept. Health for the period 7/1/14 through 3/31/15, AND WHEREAS, these funds will be used to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Advancing Tobacco Free Communities Program, AND WHEREAS, the subcontractors contracts under Resolution #190-14, will need to be amended for the amount of the COLA, AND WHEREAS, the 2015 County Budget needs to be amended as follows: Increase: RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- Revenue: A401043.43450.4002 Advancing Tobacco Free Communities $19,549 Increase: Expenditures: A40105.51005 Personal Service $5039 A40105.58020 Retirement $957 A40105.58030 FICA $385 A40105.58060 Health Insurance $1681 A40105.52005.4002 Office Furniture $4438 A40105.52015.4002 Technical Equipment $577 A40105.52060.4002 Computer Equipment $1210 A40105.54004.4002 Computer Software $1788 A40105.54055.4002 Professional Services $3254 A40105.54075.4002 Office Equipment $220 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with New York State Dept. of Health to accept these funds and to sign amendments to subcontracts as necessary. AGENDA ITEM NO. 4 – Authorize Agreements Health Department Public Health Emergency Response and Preparedness Plan ON MOTION OF BRIGGS RESOLUTION NO. 47-15 Authorize Agreements Health Department Public Health Emergency Response and Preparedness Plan WHEREAS, the Cortland County Health Department is involved in developing a Public Health Emergency Response and Preparedness Plan, AND WHEREAS, the Plan involves cooperation with many community agencies and other counties, AND WHEREAS, an agreement/agreements with involved agencies and counties is necessary to RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ensure their participation in the Plan, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement/agreements with the agencies and counties named in the Cortland County Public Health Emergency Response and Preparedness Plan. AGENDA ITEM NO. 5 – Amend Budget / Contract Mental Health Department Additional Funding from OASAS ON MOTION OF BRIGGS RESOLUTION NO. 48-15 Amend Budget - Contract Mental Health Department Additional Funding from OASAS WHEREAS, the Cortland County Mental Health Clinic and Catholic Charities entered into contract #399-14, AND WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved one time only funding for Catholic Charities, in the amount of $1,322.00 for the purchase of 2 stoves, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase: , AND BE IT FURTHER RESOLVED, that contract #399-14 with Catholic Charities whose terms began December 31, 2014 and ends December 31, 2015 be amended to include the additional funding from New York State Office of Alcoholism and Substance Abuse Services. AGENDA ITEM NO. 6 – Amend Budget / Contract Mental Health Department Contract with Franziska Racker Center RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price Increase: Revenues: A431043 43492 4224 $1,322.00 Expenses: A43105 54870 4224 $1,322.00 ---PAGE BREAK--- ON MOTION OF BRIGGS RESOLUTION NO. 49-15 Amend Budget / Contract Mental Health Department Contract with Franziska Racker Center WHEREAS the NYS Office of Mental Health appropriated an additional $129,541.00 to compensate Franziska Racker Center for the difference between the retroactive rate adjustment caused by the elimination of COPS (Comprehensive Outpatient Program Services) funding starting December 1, 2013 and the retroactive base rate increase in the Medicare reimbursement starting on the same date for day treatment services, AND WHEREAS the Cortland County Legislature approved a budget modification for 2014 with Resolution number 333-14, AND WHEREAS the NYS Office of Mental Health has decided to send the funding to Tompkins County, NOW THEREFORE BE IT RESOLVED, that the 2014 Mental Health budget be amended as follows: Decrease OMH Funding: AGENDA ITEM NO. 7 – Amend Budget / Contract Mental Health Department Upgrade and Additional Maintenance Costs ON MOTION OF BRIGGS RESOLUTION NO. 50-15 Amend Budget - Contract Mental Health Department Upgrade and Additional Maintenance Costs RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price Revenue A431043 43490 4219 $129,541 Expense A43105 54870 4219 $129,541 ---PAGE BREAK--- WHEREAS, the Cortland County Mental Health Clinic and DocuTrac entered into contract #398- 14 for the period December 31, 2014 through December 31, 2015 to cover the annual cost of maintenance of the clinics Electronic Health Record system, AND WHEREAS the Mental Health Clinic needs to upgrade the DocuTrac software to version in order to avoid a reduction in Medicare rates, the upgrade in turn will increase the annual maintenance costs, AND WHEREAS the cost of the upgrade is $2,495.00 and the increase in the cost of the annual maintenance is $252.56, AND WHEREAS additional funds are available from Federal Salary Sharing which will be used to cover the increase in cost, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase: Expenses: A43105-54004-4200 Computer Software $2,747.56 Increase: Revenues: A431044-44490-4200 Federal Salary Sharing - OMH $2,747.56 , AND BE IT FURTHER RESOLVED, that contract #398-14 with DocuTrac be amended to include the cost of the upgrade to version 8.1.0 and the associated increase in maintenance costs. AGENDA ITEM NO. 8 – Authorize Agreement - Area Agency on Aging (VNA Home Care Options) ON MOTION OF BRIGGS RESOLUTION NO. 51-15 Authorize Agreement - Area Agency on Aging (VNA Home Care Options) WHEREAS, the Cortland County Area Agency on Aging wishes to enter into a contract with VNA HomeCare Options for the provision of home delivered meals and other services to program clients, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute said agreement. AGENDA ITEM NO. 9 – Authorize Agreement - Area Agency on Aging (Carolyn H. Allen, RD) RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ON MOTION OF BRIGGS RESOLUTION NO. 52-15 Authorize Agreement - Area Agency on Aging (Carolyn H. Allen, RD) WHEREAS, the Cortland County Area Agency on Aging wishes to enter into a contract with Carolyn H. Allen, RD for the provision of dietitian services to program clients, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute said agreement. AGENDA ITEM NO. 10 – Create Temporary Mental Health Practitioner ON MOTION OF BRIGGS RESOLUTION NO. 53-15 Create Temporary Mental Health Practitioner WHEREAS, the needs of the County will be better served by creating one temporary part-time (up to 17 hours/week, as needed) position of Mental Health Practitioner, AND WHEREAS, the Health and Human Services Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one temporary part-time (up to 17 hours/week, as needed) position of Mental Health Practitioner in the Mental Health Department (Management Plan, $75.00/HR, competitive class) be created effective February 26, 2015 until May 31, 2015. Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 11 – Amend 2015 Budget\ Statewide Mass Transportation Operating Assistance RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- (STOA) SFY 2014-2015 Hold Harmless Provision Planning Department ON MOTION OF TROY RESOLUTION NO. 54-15 Amend 2015 Budget\ Statewide Mass Transportation Operating Assistance (STOA) SFY 2014- 2015 Hold Harmless Provision - Planning Department WHEREAS, Governor Andrew Cuomo, the New York State Department of Health (NYDOH) and the New York State Department of Transportation (NYDOT) have identified a series of actions targets to preserve critical access to necessary Non-Emergency Medical Transportation (NEMT) services through coordinated public transportation system in upstate New York, AND WHEREAS, $3 million in direct transitional assistance is being made available through NYDOH to support Demand Response and Route Deviation bus services in rural locations where regularly scheduled public transportation is unavailable, AND WHEREAS, NYSDOT will support these community based transportation services by employing the “hold harmless” provision authorized under Statewide Mass Transportation Operating Assistance (STOA), AND WHEREAS, Cortland County’s public transportation provider, First Transit, Inc., received $32,861.00 less revenue for the time period of October 2013 through September 2014 then it received from October 2012 through September 2013 as a result of NEMT trips being scheduled on other transportation providers that were previously scheduled on public transportation, NOW THEREFORE BE IT RESOLVED, that Cortland County has received a SFY 2014-15 “Hold Harmless” payment in the amount of $32,861.00 which will be paid to Cortland County’s public transportation provider, First Transit, Inc., AND BE IT FURTHER RESOLVED, that Cortland County 2015 budget is amended to show the Revenue/Appropriations as follows: Increase: Appropriations: A80225-54081 5311 STOA $32,861.00 Increase: Revenue A802243-43594 5311 STOA $32,861.00 AGENDA ITEM NO. 12 – Authorize Grant Application Federal Section 5311 Consolidated Grant RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- Application for the 2015-2016 Fiscal Year Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 55-15 Authorize Grant Application Federal Section 5311 Consolidated Grant Application for the 2015- 2016 Fiscal Year Cortland County Planning Department WHEREAS, the County of Cortland is submitting a request for consolidated grant funds to the New York State Department of Transportation, pursuant Federal Section 5311, Title 49 United States Code, for project(s) to provide public mass transportation service for fixed route and demand responsive service throughout the County, with limited service to contiguous counties by First Transit, Inc., Cortland County’s public transportation provider and the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider and the continuation of the Mobility Management for the 2015 and 2016 fiscal years, AND WHEREAS, the County of Cortland and the State of New York have entered into a continuing agreement for a six-year period of 1/1/2013- 12/31/2018 that authorizes the undertaking of the Project and payment of the Federal Share, identified as State Contract No. C005583, AND WHEREAS, there is no cost to the County of Cortland, as the local share required is provided by First Transit, Inc. and Seven Valleys Health Coalition as stipulated in their agreements with Cortland County, AND WHEREAS, applications are due by March 1, 2015, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review and approval by the County Attorney, is authorized to act on behalf of the County of Cortland to sign the application and progress and complete the above named project, AND BE IT FURTHER RESOLVED, the Chair of the Legislature, upon review and approval by the County Attorney, is authorized to act on behalf of the County of Cortland to sign the following, contingent upon the local share being received by First Transit, Inc. and Seven Valleys Health Coalition: 1) Any and all agreements between the County of Cortland and any third party subcontractors necessary to complete the above named project; and 2) Any and all Municipality/Vendor contracts for the purchase and/or installation of vehicles and/or equipment pursuant to the application and agreement which are necessary to complete the above named project. RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- AGENDA ITEM NO. 13 – Authorize Amended Agreement Cortland County and First Transit, Inc. Planning Department ON MOTION OF TROY RESOLUTION NO. 56-15 Authorize Amended Agreement Cortland County and First Transit, Inc. Planning Department WHEREAS, Resolution 410-92 authorized the County of Cortland to enter into an agreement with Progressive Transportation Services, Inc. to provide public transportation services within the County of Cortland, AND WHEREAS, Resolution 351-97 authorized an amendment to the agreement between Cortland County and Progressive Transportation Services, Inc. for language changes, AND WHEREAS, Resolution 319-03 authorized an agreement with Progressive Transportation Inc. to assign the existing agreement between Cortland County and Progressive Transportation, Inc. to First Transit Inc. as Progressive Transportation Inc. (Parent Company, Coach USA) was being purchased by First Transit, Inc., AND WHEREAS, Resolution 115-07 authorized a revision to the contract language for certain language and name changes, specifically changes to the name to First Transit, Inc. and providing wording that First Transit, Inc. would indemnify Cortland County regarding any inter municipal agreements, AND WHEREAS, Resolution 115-12 authorized to amend the agreement to revise contract language to include additional provisions to the wording of the contract, the revision of Exhibit A of the agreement to exclude the Salary Ranges and the inclusion of the Appendix A Standard Clause for New York State Contracts, AND WHEREAS, there are revisions to Exhibit A of the agreement, pertaining to addition/amending of bus routes and in increase in transit fares, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review by the County Attorney or his designee, be and hereby is authorized to execute an amended agreement with First Transit, Inc. AGENDA ITEM NO. 14 – Authorize Amended Agreement Between Cortland County and Tompkins County Allowing Transportation to Cornell University with Limited Transit Locations Within Tompkins County Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ON MOTION OF TROY RESOLUTION NO. 57-15 Authorize Amended Agreement Between Cortland County and Tompkins County Allowing Transportation to Cornell University with Limited Transit Locations Within Tompkins County Cortland County Planning Department WHEREAS, there are a large number of residents of Cortland County who are employed by Cornell University and therefore commute to the University on a daily basis, AND WHEREAS, Resolution No. 115-07 authorized an agreement with First Transit, Inc. to add language indemnifying Cortland County regarding any intermunicipal agreements, AND WHEREAS, Resolution No. 94 -12 authorized the agreement between Cortland County and Tompkins County to provide a commuter bus service to Cornell University located in Tompkins County, AND WHEREAS, Cortland County is requesting to provide expanded service between Cortland County and Tompkins County as described in Attachment A, to allow First Transit to provide limited transit services to riders in Tompkins County to Cortland County, as well as, provide limited transit services to riders in Cortland County to Tompkins County, AND WHEREAS, the amendment would be to include Attachment A to the original agreement between Tompkins County and Cortland County that is scheduled to expire on May 31, 2017, NOW THEREFORE BE IT RESOLVED, that the Chair of the Cortland County Legislator, upon review by the County Attorney, be and hereby authorize the inclusion of Attachment A to amend the agreement between Cortland County and Tompkins County to provide limited transit services to riders in Tompkins County to Cortland County, as well as, provide limited transit services to riders in Cortland County to Tompkins County. AGENDA ITEM NO. 15 – Declare Negative of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to Sign the 2015-2016 SEQR Form - Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ON MOTION OF TROY RESOLUTION NO. 58-15 Declare Negative of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to Sign the 2015-2016 SEQR Form - Planning Department WHEREAS, Article 27 of the New York State Parks, Recreation and Historic Preservation Law establishes a mechanism for allocating funds to local governmental sponsors for the development and maintenance of snowmobile trails designated as part of the State Snowmobile Trail System, AND WHEREAS, having reviewed the criteria contained in Section 617.7, Cortland County finds that there will be no significant adverse environmental impact resulting from the development and use of snowmobile trails throughout Cortland County, AND WHEREAS, it is the County’s intent to support the development and maintenance of snowmobile trails as an important economic and recreational resource for Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign a Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR), Article 8 of the New York State Environmental Conservation Law, stating that there will be no significant adverse environmental impact resulting from the development and use of snowmobile trails throughout Cortland County. AGENDA ITEM NO. 16 – Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2015-2016 Planning Department ON MOTION OF TROY RESOLUTION NO. 59-15 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2015-2016 Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- WHEREAS, Cortland County under Section 27.17 of the New York State Parks, Recreation and Historic Preservation Law is preparing a grant application for Snowmobile Trail Development and Maintenance for the period April 1, 2015 to March 31, 2016, AND WHEREAS, the County will retain an administration fee of the grant award to retain the actual cost for administration expenses for the period of April 1, 2015 to March 31, 2016, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, is hereby authorized to sign a grant application for funding of Cortland County Snowmobile Trail Development and Maintenance, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, is hereby authorized to sign summary sheets related to the Snowmobile Trail Grant-In-Aid close out for the 2015-2016. AGENDA ITEM NO. 17 – Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2015-2016 Planning Department ON MOTION OF TROY RESOLUTION NO. 60-15 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2015- 2016 Planning Department WHEREAS, Cortland County under Section 27.17 of the State Parks, Recreation and Historic Preservation Law will apply for a grant for Snowmobile Trail Development and Maintenance for the period of April 1, 2015 to March 31, 2016, AND WHEREAS, it is necessary to have agreements between Cortland County and certain Cortland County Snowmobile Clubs to ensure that the clubs perform trail maintenance and grooming of existing trails throughout Cortland County, to authorize the County as the local sponsor to transfer funds from the grant to the clubs for their work and to authorize the County to retain an administration fee to retain the actual cost for administration expenses for the period of April 1, 2015 to March 31, 2016, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to sign agreements with Cortland County Snowmobile clubs for 2015-2016. RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 18 – Adopt Cortland County Assigned Counsel (18-B) Plan ON MOTION OF BUSHNELL RESOLUTION NO. 61-15 Adopt Cortland County Assigned Counsel (18-B) Plan WHEREAS, by resolution of the Cortland county Legislature dated October 15, 1965, the office of the Cortland County Public Defender was established in accordance with Article 18-A of the County Law, AND WHEREAS, the Cortland County Public Defender is charged to accept assignments in criminal cases (pursuant to County Law §262 or 1120) and in Surrogate’s Court (pursuant to Surrogate’s Court Procedure Act §407), and other cases where required by law, AND WHEREAS, there is a demonstrated need in this county for a second method of providing assigned counsel to those litigants who qualify for representation by the Public Defender yet who cannot be represented by that office due to a conflict of interest or other reason, AND WHEREAS, the Judiciary & Public Safety Committee has worked with the County Bar Association to develop the attached Assigned Counsel Plan to provide quality representation to clients pursuant to this Plan, which includes maintaining lists of eligible, qualified attorneys, a framework for training and quality control, insuring equitable allocation of assignments among participating attorneys, and providing counsel to clients as early as possible in each case, AND WHEREAS, at a meeting of the Cortland County Bar Association held February 13, 2015, the attached Assigned Counsel Plan was presented to the membership for comment and evaluation and was subsequently approved, AND WHEREAS, the Judiciary & Public Safety Committee has also endorsed the plan at a meeting held February 26, 2015, NOW THEREFORE BE IT RESOLVED, that the following Assigned Counsel Plan, for providing assigned counsel in accordance with §722 of the County Law, superseding previous versions, be and hereby is adopted by the Cortland County Legislature and shall become effective immediately upon acceptance and approval by the NYS Office of Court Administration. AGENDA ITEM NO. 19 – Create Temporary County Police Officer (Deputy Sheriff) Sheriff's Department RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ON MOTION OF BUSHNELL RESOLUTION NO. 62-15 Create Temporary County Police Officer (Deputy Sheriff) Sheriff's Department WHEREAS, the needs of the County will be better served by creating one temporary full- time position with full benefits of County Police Officer (Deputy Sheriff), AND WHEREAS, the Judiciary & Public Safety Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one temporary full-time position with full benefits of County Police Officer (Deputy Sheriff) in the Sheriff’s Department (CPAC, $18.2535-28.6287/HR, competitive class) be created effective March 12, 2015 until July 1, 2015. AGENDA ITEM NO. 20 – DMV License Photo Requirement ON MOTION OF BUSHNELL RESOLUTION NO. 63-15 Support Requirement for Updated Driver’s License Photo WHEREAS, currently New York State laws and regulations require that all New York driver’s licenses are renewed and updated at a minimum of every eight years, AND WHEREAS, this requirement for updated license information is for safety precautions and the required updates include listing changes in height, residential address and listing eye examinations results, AND WHEREAS, under current state law and regulations there is the requirement to obtain an eye exam every eight years which can be achieved at county and state operated DMV’s, AND WHEREAS, New York and Nevada are the only two states in the country that lack the RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- requirements to update photos on driver’s licenses, AND WHEREAS, due to this inconsistency with all other states, many New York driver’s licenses are decades old, AND WHEREAS, the intent of requiring a photo on a driver’s license is to help verify identity and prevent fraud, identity theft and to increase safety, AND WHEREAS, allowing license holders to have photos and signatures that are decades old may work against the goals identified above, AND WHEREAS, the requirement to get an updated photo and signature on a driver’s license would not have to include an additional cost to the state resident license holder, AND WHEREAS, in New York and throughout the country a driver’s license is the leading document provided to safety officials, government workers, and private business when photo verification is needed, AND WHEREAS, and updated photo and signature is necessary to prevent fraud, provide accurate information to police officers in the field, and strengthen homeland security efforts, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature call upon Governor Andrew M Cuomo and members of the State Legislature to require an updated photo and signature on all driver’s licenses in keeping with 48 other states in our nation, AND BE IT FURTHER RESOLVED that the Clerk of the Legislature send copies of this resolution to Governor Andrew M Cuomo and our New York State Senate and Assembly representatives. AGENDA ITEM NO. 21 – DMV Retention Increase ON MOTION OF BUSHNELL RESOLUTION NO. 64-15 Increase in County DMV Retention WHEREAS, 51 of 62 New York Counties are mandated by the State to operate a local Department of Motor Vehicles Office, AND WHEREAS, local DMV offices process many no fee transactions on behalf of the state and provide numerous customer services, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- WHEREAS, under current law, the Cortland County Clerk pays 87.3% of all fees collected from the work performed by the county DMV, AND WHEREAS, the remaining 12.7% county share has not been increased since 1999, yet the amount of work required by the DMV office has increased in that same time period, AND WHEREAS, increasing the county DMV revenue sharing rate with the state will not result in any increased cost or fees to local residents or taxpayers and will provide counties with the needed revenue to continue to provided necessary local government services, AND WHEREAS, there is a clear inequity present when a county DMV provides all the services, including overhead and staffing to fulfill these DMV needs for state residents, yet the State is paid 87.3% of the revenue generated from said services, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature calls upon Governor Andrew M Cuomo and members of the State Legislature to require a substantial increase of the county DMV revenue with the State, AND BE IT FURTHER RESOLVED, that the Clerk of the Cortland County Legislature forward copies of this resolution to Governor Andrew M Cuomo and our representatives to the New York State Legislature. AGENDA ITEM NO. 22 – Amend Budget/Re-Appropriate Funds 2015 Stop DWI Sheriff's Department ON MOTION OF BUSHNELL RESOLUTION NO. 65-15 Amend Budget/Re-Appropriate Funds 2015 Stop DWI Sheriff's Department WHEREAS, NYS STOP-DWI Foundation awarded a grant of money to participate in New York State’s Highway Safety Program in which Cortland County STOP DWI has been accepted to participate in and to receive grant monies from the state, AND WHEREAS, monies from this Stop DWI Grant was not expended in the 2014 Budget for a total of $6,547.43, NOW THEREFORE BE IT RESOLVED, the Stop DWI 2015 budget is amended to reflect the acceptance of these funds with the following adjustments to the 2015 Stop DWI budget: Increase Revenue A331543-43389-3115 STOP DWI Program $6,547.43 Expense A33155 -54520-3115 STOP DWI/Law Enforcement $6,547.43 RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- AGENDA ITEM NO. 23 – Authorize 2015 Contract Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Center) ON MOTION OF BUSHNELL RESOLUTION NO. 66-15 Authorize 2015 Contract Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Center) WHEREAS, a Child Advocacy Center (“CAC”) has been created in Cortland County to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND WHEREAS, the said NYS grants will henceforth be received by Cortland County on behalf of the District Attorney of Cortland County by contract with OCFS assigning the DA as the lead agency with authority and responsibility to administer grant funds, which OCFS advises will total $127,320 for the OCFS fiscal year 2015, to pay the expenses of running the CAC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement for the time period of February 1, 2015 through January 31, 2016 with OCFS, and the DA be and hereby is authorized to administer funds received from OCFS for the CAC, in an amount not to exceed $127,320. AGENDA ITEM NO. 24 – Authorize Agreement Department of Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 67-15 Authorize Agreement Department of Emergency Response & Communications RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- WHEREAS, Cortland County Department of Emergency Response and Communications is desirous of contracting with United Radio for the removal of all radio and electronic equipment from the County’s old Solon Tower, AND WHEREAS, the funding of up to $1,728.00 is provided for through the Professional Services account A30205.54055, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of March 1, 2015 through May 31, 2015 with United Radio. AGENDA ITEM NO. 25 – Accept Grant Award 2013 PSAP / Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 68-15 Accept Grant Award 2013 PSAP / Emergency Response & Communications WHEREAS, Cortland County has been awarded a 2013 Public Safety Answering Point Grant (2013 PSAP) in the amount of $89,777 from the New York State Department Interoperable Communications and administered by the Department of Homeland Security and Emergency Services (DHSES), AND WHEREAS, the grant guidance requires that the funds be used for hardware and software to support the County’s new Computer Aided Dispatch System, NOW THEREFORE BE IT RESOLVED, that Cortland County Legislature accepts the grant funding and directs the Department of Emergency Response & Communications to expend the funds according to the grant guidance, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget is hereby amended to: Increase 2015 Revenue: H302043-43089-3215 - 2013 PSAP Grant $89,777.00 Increase 2015 Expense: H30205-52060-3215 - 2013 PSAP Grant $89,777.00 AGENDA ITEM NO. 26 – Authorize Agreement GLOBAL TEL LINK CORP. Sheriff's/Jail RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ON MOTION OF BUSHNELL RESOLUTION NO. 69-15 Authorize Agreement - Sheriff's Department/Jail - (GLOBAL TEL* LINK CORPORATION) WHEREAS, GLOBAL TEL*LINK CORPORATION., 2609 Cameron Street, Mobile, Alabama 36607, has agreed to enter into an agreement to furnish Cortland County Jail with a inmate collect call telephone system for inmates incarcerated in the Cortland County Jail. Remuneration shall be Forty-four (44%) of the gross revenue billed or prepaid for all phones covered by the agreement, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Sheriff of Cortland County, upon review and approval by the County Attorney, be and hereby are authorized to contract with GLOBAL TEL*LINK CORPORATION. This Agreement will be in effect for five years, commencing from the date of the full execution of said agreement. Referred from Personnel Committee AGENDA ITEM NO. 27 – Amend Budget Reappropriate Funds from 2014 to 2015 County Legislature ON MOTION OF SNYDER RESOLUTION NO. 70-15 Amend Budget Reappropriate Funds from 2014 to 2015 County Legislature WHEREAS, funds were allotted and not expended in the county budget for 2014, NOW THEREFORE BE IT RESOLVED, that the County Treasurer be authorized and directed to reappropriate the funds from the 2014 county budget to the 2015 county budget as follows: Increase Expense RESULT: ADOPTED [UNANIMOUS] MOVER: Luke Snyder, Legislative District 5 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- 2015 A10105 54035 Education and Training $ 1,170.00 Referred from Budget & Finance Committee AGENDA ITEM NO. 28 – Authorize Payment Tompkins Cortland Community College (Operating Budget 2014-2015) ON MOTION OF WHITNEY RESOLUTION NO. 71-15 Authorize Payment Tompkins Cortland Community College (Operating Budget 2014-2015) WHEREAS, the Cortland County Legislature by Resolution No. 179-14 approved the 2014-2015 Operating Budget for Tompkins Cortland Community College and appropriated the necessary funds in the 2015 Adopted Budget in Account No. A24955.54780 to pay the college, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer, be and hereby is authorized and directed pursuant to the provisions of the Education Law of the State of New York, and within the authorization provided by this Legislature, to pay the duly bonded Treasurer of Tompkins Cortland Community College, the Cortland County proportionate share of the Operating Budget of said college for the fiscal year 2014- 2015 on the following dates in the following manner: February 1, 2014 $421,717.25 April 1, 2014 $421,717.25 June 1, 2014 $421,717.25 August 1, 2014 $421,717.25 Total $1,686,869.00 , AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature be and hereby is directed to send certified copies of this resolution to the President of Tompkins Cortland Community College, the Tompkins County Legislature, and the Cortland County Treasurer. AGENDA ITEM NO. 29 – Correction of Errors (Sec. 554, RPTL) to Remove Certain School Relevies from the Town & County Taxes for 2015, Which Had Been Paid in a Timely Manner. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Donnell Boyden, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 72-15 Correction of Errors (Sec. 554, RPTL) to Remove Certain School Relevies from the Town & County Taxes for 2015, Which Had Been Paid in a Timely Manner WHEREAS, Section 554 of the New York State Real Property Tax Law provides a mechanism for the correcting of certain real property taxes by the County Legislature based upon the recommendation of the Director of the County Real Property Tax Services Agency pursuant to an application by a taxpayer in cases involving clerical errors, unlawful entries upon the assessment rolls and certain errors in essential fact, AND WHEREAS, such applications were made by the owners of: Erroneous School Corrected Tax Bill Town Tax Roll Tax Map # Relevy to be Removed Totals to be Created Homer 76.26-01-52.000 $3,461.28 $2,924.20 Truxton 40.00-08-16.000 $1,430.04 $1,335.33 Truxton 40.00-08- 20 000 $2,195.28 $2,656.30 , AND WHEREAS, these above referenced Tax Parcels had paid their school taxes in a timely manner, but due to a clerical error their school taxes were still placed on a relevy list submitted to the County which were then added to their respective Town & County tax bills, AND WHEREAS, the respective Tax Collectors for these bills are prohibited from collecting a portion of the original tax bills, it is important that these three corrections of errors be approved in order to allow the corrected bills to be issued and collected, NOW THEREFORE BE IT RESOLVED, that pursuant to Section 554 of the Real Property Tax Law, the County Legislature does hereby delegate to the respective Town Tax Collectors the authority to create the above corrections of real property taxes as outlined in said Section 554 of the Real Property Tax Law, and forward the corrected tax bills to their respective property owners. Upon receipt of these revised tax bills the taxpayers will have 8 days to pay them without interest or penalty. AGENDA ITEM NO. 30 – Abolish/Create Real Property Tax Services Real Property Tax Services Director I (Part Time)/Director of Real Property Tax Services I (Full Time) RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 73-15 Abolish/Create Real Property Tax Services Real Property Tax Services Director I (Part Time)/Director of Real Property Tax Services I (Full Time) WHEREAS, the needs of the agency will be better served by abolishing one part time position of Director of Real Property Tax Services I in the Real Property Tax Services Office, AND WHEREAS, the Budget and Finance Committee recommends the creation of one full time Director of Real Property Tax Services I, NOW THEREFORE BE IT RESOLVED, that one part time position of Director of Real Property Tax Services I (21 hrs/week, Grade 5, $35,145-42,759/YR, Management, non-competitive class) be and hereby is abolished effective February 26, 2015, AND BE IT FURTHER RESOLVED, that one full time position of Director of Real Property Tax Services I (Grade 5, $58,575- 71,265/YR, Management, non-competitive class) be created effective February 27, 2015, AND BE IT FURTHER RESOLVED, that the 2015 budget be amended as follows: Increase: A13555 51005 $ 30,310.49 Decrease: A13555 51010 $ 30,310.49 SUSPENSION OF RULES: Mr. Troy made a motion to Suspend the Rules of Order to consider a resolution not on the agenda. Second by Mr. Bushnell. All members voting in favor; none opposed. The motion was approved. AGENDA ITEM NO. 31 – Resolution Extending the Tenure of Acting County Administrator Ms. Briggs said this extension is required by the law that created the County Administrator position. Mr. Denkenberger said he would like to see the extension addressed in a timely manner, rather than the end of the year, which the resolution calls for. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- ON MOTION OF BRIGGS RESOLUTION NO. 74-15 Resolution Extending the Tenure of Acting County Administrator WHEREAS, Local Law No. 7 of 2002 established the office of County Administrator, AND WHEREAS, Local Law No. 7 of 2002 provides that the Chairman of the Legislature shall be the Acting County Administrator in the event of a vacancy in that office, and sets a term for an Acting County Administrator not to exceed 60 days, unless authorized by the Legislature, AND WHEREAS, the Cortland County Administrator position was vacated August 28, 2014, and Susan Briggs, Chair of the Legislature has been Acting County Administrator since that date, AND WHEREAS, the 60 (calendar) day tenure for Acting County Administrator set forth in Local Law No. 7 of 2002 is set to expire March 1, 2015, AND WHEREAS, it is the wish of the Cortland County Legislature that Susan Briggs continue as Acting County Administrator, NOW THEREFORE BE IT RESOLVED, that the tenure of Susan Briggs as Acting County Administrator is hereby extended until Dec. 31, 2015, or until the vacancy has been otherwise addressed. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Thursday, March 5, 2015 6:00 PM Board Room Salute to the Flag Roll Call RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Sandra Price ---PAGE BREAK--- PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Price (Excused) Privilege of the floor o Mr. Rick Nauseef spoke in opposition of the resolution and said that the Village of McGraw has been opposed to this project from the beginning, and has compiled scientific data that justifies their opposition. o Mr. Kevin Fitch spoke in favor of the resolution and praised the legislature for seeking programs that will help offset the costs of operating the landfill. o Ms. Kaitlyn O'Rourke and Ms. Chelsi Cowen spoke in opposition to the resolution, and said the actions taken by this Legislature will have negative environmental effects for many years to come. o Mr. Todd Miller spoke in opposition to the resolution. o Mr. Victor Siegle said that Legislators who have not read the FEIS in its entirety and can attest to its adequacy cannot vote to approve it, and could allow for a challenge in court. o Ms. Kim Harris spoke in opposition to the resolution, and continued comments drafted by Mr. Siegle. She said that the landfill is actually operating at a surplus once the debt service of the cell expansion and the recycling center are taken out. o Ms. Pam Jenkins spoke in opposition to the resolution. o Mr. Len Cohen spoke in opposition to the resolution, stating that the Onondaga County Legislature vowed 20 years ago not to import trash to the incinerator facility. o Ms. Kathie Arnold spoke in opposition to the resolution, saying that the FEIS is inadequate. She said the DEIS for the proposed wind farm several years ago had many errors and omissions, and the Legislature at that time denied the document twice until it thoroughly addressed all potential environmental effects. o Ms. Lesa Williams spoke in opposition to the resolution, continuing comments made by Mr. Miller. o Ms. Alison King spoke in opposition to the resolution, saying the FEIS does not address important health concerns, including exposure to dioxins. She said the DEC does not take positions on such projects, and does not test OCRRA's ash material. She added that the ash material, once it hardens, will crack and the resulting leachate needs to be more thoroughly studied for presence of dioxins and other harmful materials. Unfinished Business New Business AGENDA ITEM NO. 1 – Resolution Determining the Final Environmental Impact Statement (FEIS) to be Complete in Terms of Scope and Content and that it is Appropriate to Commence Preparation of Findings and a Decision Pursuant to the State Environmental Quality Review Act (SEQRA), and Authorizing the Publication, Circulation, Distribution, and Filing of the FEIS Documents - RESOLUTION 75A-15 Mr. Pat Reidy of the Soil & Water Conservation District spoke regarding the presence of dioxins in the OCRRA ash material. He said approximately three ounces of dioxins would per year would be deposited at the County landfill. Mr. Patrick Snyder said he believes the FEIS meets all legal requirements for adoption. Mr. Kevin Voorhees of Barton & Loguidice said that incinerators have been operating in NYS for more than 20 years, and throughout the state the concerns that are regularly expressed have "not come to bear," and the DEC has provided oversight to all the facilities. Ms. Briggs explained that the vote is not ---PAGE BREAK--- based on tentative financials of the partnership agreement, but rather the adequacy of the environmental document. ON MOTION OF HARTNETT RESOLUTION NO. 75-A-15 Resolution Determining the Final Environmental Impact Statement (FEIS) to be Complete in Terms of Scope and Content and that it is Appropriate to Commence Preparation of Findings and a Decision Pursuant to the State Environmental Quality Review Act (SEQRA), and Authorizing the Publication, Circulation, Distribution, and Filing of the FEIS Documents WHEREAS, by adoption of Resolution No. 128-14, this Cortland County Legislature authorized the County of Cortland to act as Co-Lead Agency for the Regional Solid Waste Partnership Project (the “Partnership”) pursuant to SEQRA, and approved various actions necessary to study the project under SEQRA, AND WHEREAS, the proposed Partnership seeks to achieve environmental and financial sustainability and increased efficiency through a regional partnership for solid waste management, AND WHEREAS, the Project is considered a Type I Action under SEQRA and the Co-Lead Agencies have considered the criteria listed in SEQRA and its implementing regulations in relation to the impacts that reasonably may be expected to result from the Partnership, and have determined that the Partnership may have a significant adverse impact on the environment, AND WHEREAS, the Co-Lead Agencies issued a Positive Declaration for the Project requiring the preparation of a Draft Environmental Impact Statement (DEIS), which was published in the Environmental Notice Bulletin (ENB) on May 14, 2014 and in a legal notice in The Cortland- Standard on December 31, 2014, AND WHEREAS, the Co-Lead Agencies completed formal scoping to provide an opportunity for public input regarding issues to be examined in the DEIS, AND WHEREAS, by Resolution No. 328-14, the DEIS was determined to be adequate in terms of its scope and content to commence public review pursuant to SEQRA, and a public hearing on the DEIS was scheduled, AND WHEREAS, upon notice being duly provided, a public hearing was held on January 5, 2015 in the legislative chambers and, during the public comment period which expired January 17, 2015, the Lead Agencies received letters, emails and oral statements to be addressed in the FEIS, AND WHEREAS, in order to address comments received during the public comment period the Co- Lead Agencies have determined that it is in the public interest to take time to prepare a FEIS, AND RESULT: ADOPTED [10 TO 6] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Boyden, Wheelock, Briggs, Whitney, Sudbrink NAYS: Snyder, Knolls, Jones, Steinhoff, Wagner, Denkenberger EXCUSED: Sandra Price ---PAGE BREAK--- WHEREAS, an FEIS has been duly prepared and presented to the Co-Lead Agencies for their consideration, NOW THEREFORE BE IT RESOLVED, that the County of Cortland, having been authorized to act as Co-Lead Agency with Onondaga County pursuant to SEQRA, hereby determines that the FEIS prepared by the Co-Lead Agencies and filed with this Legislature is satisfactory with respect to scope, content and adequacy and is therefore deemed complete, and is hereby accepted and adopted by the County, AND BE IT FURTHER RESOLVED, that this Legislature authorizes the preparation of proposed Findings pursuant to SEQRA, AND BE IT FURTHER RESOLVED, that upon acceptance by both lead agencies, this Cortland County Legislature shall cause copies of the FEIS to be posted on the County’s website, placed in the public repository at the Cortland Free Library, made available to any member of the public upon request, and be sent to all involved agencies identified in the environmental assessment form, AND BE IT FURTHER RESOLVED, that upon acceptance by both lead agencies, this Cortland County Legislature shall cause the Notice of Completion of the FEIS to be filed and published in the ENB and local newspaper, AND BE IT FURTHER RESOLVED, that upon acceptance by both lead agencies, the chairperson of this Legislature, or her designee, is authorized to take such action to comply with the requirements of SEQRA, including without limitation the execution of documents and filing of same, the publication and circulation of FEIS documents, and any other action to implement the intent of this resolution. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, March 26, 2015 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, ---PAGE BREAK--- Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink ABSENT: Wagner (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Feb 26, 2015 6:00 PM Privilege of the floor Mr. Tom Gobel of Cortland asked if the County had ever entertained the idea of selling the airport to a private entity. Ms. Briggs explained that this is not an option due to the millions of dollars in grant funds received from the FAA for improvements and operations of the airport, which carry with them various restrictions. Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Receive and File Probation 2014 Annual Report Ms. Price made a motion to receive and file the 2014 Annual Report from the Probation Department. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Endorsing State Legislation Amending County Law “In Relations to Wireless Communication Surcharges in the County of Cortland” (S3410 and A5374) RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner ---PAGE BREAK--- ON MOTION OF BRIGGS RESOLUTION NO. 75-15 Endorsing State Legislation Amending County Law “In Relations to Wireless Communication Surcharges in the County of Cortland” (S3410 and A5374) WHEREAS, Cortland County passed Resolution 20-15 requesting NYS Legislation for Special Legislation To Increase the Wireless Surcharge for Cortland County, AND WHEREAS, Cortland County has requested said Legislation be approved by the NYS Legislature for the last four years, AND WHEREAS, New York State County Law §308-a authorizes Cortland County to impose a wireless surcharge of no more than $.30 per month for the payment of system costs associated with public safety communications networks, and this has not been increased since 2002, AND WHEREAS, the cost of a new countywide interoperable emergency communications system is estimated to be in excess of $14,000,000 and relying solely on bonding, leasing or grants for this entire sum would create a substantial burden upon the county taxpayers, and an increase in the wireless surcharge would assist in the funding of a new interoperable emergency communications system, AND WHEREAS, Senator James Seward has introduced S3410, “An act to amend the County Law, In Relation to Wireless Communication Surcharges in the County of Cortland”, AND WHEREAS, Barbara Lifton has introduced corresponding Bill A5374, NOW THEREFORE BE IT RESOLVED, that this Legislature endorses and requests State approval of said legislation, and urges its elected representatives in the Senate and Assembly to support this legislation, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. AGENDA ITEM NO. 2 – Endorsing State Legislation Amending County Law “In Relation to Communication Service Surcharges Applied to the County of Cortland and Providing for the Repeal of Such Provisions Upon Expiration Thereof” (S3409 and A5375) RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner ---PAGE BREAK--- ON MOTION OF BRIGGS RESOLUTION NO. 76-15 Endorsing State Legislation Amending County Law “In Relation to Communication Service Surcharges Applied to the County of Cortland and Providing for the Repeal of Such Provisions Upon Expiration Thereof” (S3409 and A5375) WHEREAS, Cortland County passed Resolution 19-15, requesting “Special Legislation to Provide for Implementation of an Additional Telephone Surcharge for Cortland County”, AND WHEREAS Cortland County has requested said Legislation be approved by the NYS Legislature for the last four years, AND WHEREAS, New York State County Law §303 authorizes counties to impose a telephone surcharge of no more than $.35 per line per month for the payment of system costs associated with public safety communications networks, and this has not been increased since 2002, AND WHEREAS, the cost of a new countywide interoperable emergency communications system is estimated to be in excess of $14,000,000 and relying solely on bonding, leasing or grants for this entire sum would create a substantial burden upon the county taxpayers, and a telephone user surcharge would assist in the funding of a new countywide interoperable emergency communications system, AND WHEREAS, Senator Jim Seward has introduced S3409, “An act to amend the County law, In Relation to Communication Service Surcharges Applied to the County of Cortland and Providing for the Repeal of Such Provisions Upon Expiration Thereof”, AND WHEREAS, Barbara Lifton has introduced corresponding Bill A5375, NOW THEREFORE BE IT RESOLVED, that this Legislature endorses and requests State approval of said legislation, and urges its elected representatives in the Senate and Assembly to support this legislation, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. AGENDA ITEM NO. 3 – Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 Amending the Tax Law Relating to Authorizing the County of Cortland to Impose an Additional RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner ---PAGE BREAK--- Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions.” (S3412 and A5462) ON MOTION OF BRIGGS RESOLUTION NO. 77-15 Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 Amending the Tax Law Relating to Authorizing the County of Cortland to Impose an Additional Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions.” (S3412 and A5462) WHEREAS, the Cortland County Legislature approved Resolution No. 26-15, “A Home Rule Request For Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization For Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2017”, AND WHEREAS, New York State Tax Law §253-v presently authorizes Cortland County to adopt and amend local laws imposing a mortgage recording tax of twenty five cents for each one hundred dollars ($100.00) and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated in Cortland County and recorded on or after the date upon which such tax takes effect, (beginning September 30, 2007 and ending December 1, 2013), AND WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such a loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services, NOW THEREFORE BE IT RESOLVED, that this Legislature endorses and requests State approval of said legislation, and urges its elected representatives in the Senate and Assembly to support this legislation, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. AGENDA ITEM NO. 4 – A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2017 (S3413 and A5461) RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner ---PAGE BREAK--- ON MOTION OF BRIGGS RESOLUTION NO. 78-15 A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2017 (S3413 and A5461) WHEREAS, New York State Tax Law §1210(i)(12) presently authorizes Cortland County to adopt and amend local laws, ordinances, or resolutions imposing taxes at a rate which is one percent additional to the three percent rate authorized for the county for a period beginning September 1, 1992 and ending November 30, 2015, AND WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such a loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to amend New York State Tax Law §1210(i)(12), extending the expiration date from November 30, 2015 to November 30, 2017. Referred from Building & Grounds Committee AGENDA ITEM NO. 5 – Renew Agreement Hess Corporation (Various Locations) ON MOTION OF WHEELOCK RESOLUTION NO. 79-15 Renew Agreement Hess Corporation (Various Locations) WHEREAS, Resolution No. 44-11 authorized the Municipal Electric and Gas Alliance (MEGA) to represent Cortland County in a bid for natural gas, AND WHEREAS, MEGA determined Direct Energy, One Hess Plaza, Woodbridge, N.J., 07095 was RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner ---PAGE BREAK--- the lowest responsible bidder, and executed a program agreement with Direct Energy Corporation, AND WHEREAS, MEGA has extended that agreement with Direct Energy Corporation from July 1, 2015 through June 31, 2017, NOW THEREFORE BE IT RESOLVED, that Cortland County renew the agreement with Direct Energy Corporation for 112 River St., 159 Main St., 60 Central Ave, 49 Grant St., 54 Greenbush St., 7 Clayton Ave., 4267 Traction Drive, 999-B Tompkins St., 37 Church St., 922 State Route 222, 99 Main St., 137 Pendleton St., and 4267 Traction Drive # HB4, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby authorizes the Chairman of the Legislature, upon the approval of the County Attorney, to form, to renew an agreement with Direct Energy Corporation, One Hess Plaza, Woodbridge, N.J., 07095 for Natural Gas. AGENDA ITEM NO. 6 – Authorize Agreement – National Grid Utility Energy Service Agreement for Energy Saving Facility Improvements Buildings and Grounds ON MOTION OF WHEELOCK RESOLUTION NO. 80-15 Authorize Agreement – National Grid Utility Energy Service Agreement for Energy Saving Facility Improvements Buildings and Grounds WHEREAS, the Buildings & Grounds Committee is desirous of moving forward with a Utility Energy Service Contract, (USEC) for energy saving facility improvements, AND WHEREAS, National Grid shall provide comprehensive energy management and facility related capital improvement services to reduce utility and operating costs by sourcing the improvements to Smart Watt Energy, Inc. for the services, AND WHEREAS, Smart Watt Energy, Inc. shall furnish all labor, materials, and equipment and perform all work required for the completion of an Investment Grade Audit, (IGA), to identify energy saving measures and equipment replacement, AND WHEREAS, the cost of said services shall be covered by the savings generated the project completion, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes the Cortland County Legislative Chairman, to sign an agreement with National Grid, for provision of a Utility Energy Service Contract, (USEC), for energy saving facility improvements, upon approval of the County Attorney. Referred from Highway Committee RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner ---PAGE BREAK--- Mr. Troy made a motion to approve resolutions 7 through 13 as a consent agenda. Second by Mr. Denkenberger. All members voting in favor; none opposed. The motion was approved. Mr. Troy made a motion to approve the consent agenda, second by Mr. Whitney. All members voting in favor; none opposed. The motion was approved. AGENDA ITEM NO. 7 – Authorize Agreement/Highway Department Town of Cincinnatus (Snow & Ice - County and State Roads) ON MOTION OF BOYDEN RESOLUTION NO. 81-15 Authorize Agreement/Highway Department Town of Cincinnatus (Snow & Ice - County and State Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County and State Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the County of Cortland currently has a five year agreement with the Town of Cincinnatus for control of snow and ice that will expire on November 1, 2016, with the option to enter into a new five year agreement, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a new agreement with the Town of Cincinnatus to control snow and ice on 4.05 miles of County roads during the 2016-2017and thru the 2020-2021 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County continues on with a 2% increase per snow season, starting on November 1, 2016 with $3,752.77 per centerline mile, to be paid as follows each year: one fourth in November, one fourth in February and one half in April, AND WHEREAS, the Highway Committee has recommended that the County employ the Town of Cincinnatus Highway forces on a contract basis for Snow and Ice Control on State Roads, which the County maintains for Snow and Ice removal by separate time and material contract with the State of New York, AND WHEREAS, the Highway Committee of the Legislature has recommended that the agreement with the Town of Cincinnatus to control snow and ice on the county roads includes the 8.01 miles of State Roads during the 2016-2017 snow season and thru the 2020-2021-snow season for an amount not to exceed $40,000 per year. Payments will be paid upon receipt of actual costs submitted and approved by the RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner County Highway Superintendent, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300 for the County Roads and Account # D51105.54083.7301 for the State Roads, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Cincinnatus subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 8 – Authorize Agreement/Highway Department Town of Willet (Snow & Ice - County Roads) ON MOTION OF BOYDEN RESOLUTION NO. 82-15 Authorize Agreement/Highway Department Town of Willet (Snow & Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the County of Cortland currently has a five year agreement with the Town of Willet for control of snow and ice that will expire on November 1, 2016, with the option to enter into a new five year agreement, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a new agreement with the Town of Willet to control snow and ice on 8.95 miles of County roads during the 2016-2017and thru the 2020-2021 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County continues on with a 2% increase per snow season, starting on November 1, 2016 with $3,752.77 per centerline mile, to be paid as follows each year: one fourth in November, one fourth in February and one half in April, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Willet subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 9 – Authorize Agreement/Highway Department Town of Taylor (Snow & Ice - County Roads) ---PAGE BREAK--- ON MOTION OF BOYDEN RESOLUTION NO. 83-15 Authorize Agreement/Highway Department Town of Taylor (Snow & Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the County of Cortland currently has a five year agreement with the Town of Taylor for control of snow and ice that will expire on November 1, 2016, with the option to enter into a new five year agreement, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a new agreement with the Town of Taylor to control snow and ice on 20.39 miles of County roads during the 2016-2017and thru the 2020-2021 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County continues on with a 2% increase per snow season, starting on November 1, 2016 with $3,752.77 per centerline mile, to be paid as follows each year: one fourth in November, one fourth in February and one half in April, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Taylor subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 10 – Authorize Agreement/Highway Department Town of Solon (Snow & Ice - County Roads) RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink EXCUSED: Sandra Price, George Wagner ---PAGE BREAK--- ON MOTION OF BOYDEN RESOLUTION NO. 84-15 Authorize Agreement/Highway Department Town of Solon (Snow & Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the County of Cortland currently has a five year agreement with the Town of Solon for control of snow and ice that will expire on November 1, 2016, with the option to enter into a new five year agreement, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a new agreement with the Town of Solon to control snow and ice on 2.77 miles of County roads during the 2016-2017and thru the 2020-2021 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County continues on with a 2% increase per snow season, starting on November 1, 2016 with $3,752.77 per centerline mile, to be paid as follows each year: one fourth in November, one fourth in February and one half in April, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Solon subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 11 – Award Agreement/Highway Department Town of Marathon (Snow & Ice - County Roads) ON MOTION OF BOYDEN RESOLUTION NO. 85-15 Award Agreement/Highway Department Town of Marathon (Snow & Ice -County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the County of Cortland currently has a five year agreement with the Town of Marathon for control of snow and ice that will expire on November 1, 2016, with the option to enter into a new five year agreement, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a new agreement with the Town of Marathon to control snow and ice on 7.67 miles of County roads during the 2016-2017and thru the 2020-2021 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County continues on with a 2% increase per snow season, starting on November 1, 2016 with $3,752.77 per centerline mile, to be paid as follows each year: one fourth in November, one fourth in February and one half in April, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Marathon subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 12 – Authorize Agreement/Highway Department Town of Lapeer (Snow & Ice- County Roads) ON MOTION OF BOYDEN RESOLUTION NO. 86-15 Authorize Agreement/Highway Department - Town of Lapeer (Snow & Ice-County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the County of Cortland currently has a five year agreement with the Town of Lapeer for control of snow and ice that will expire on November 1, 2016, with the option to enter into a new five year agreement, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a new agreement with the Town of Lapeer to control snow and ice on 9.3 miles of County roads during the 2016-2017and thru the 2020-2021 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County continues on with a 2% increase per snow season, starting on November 1, 2016 with $3,752.77 per centerline mile, to be paid as follows each year: one fourth in November, one fourth in February and one half in April, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Lapeer subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 13 – Authorize Agreement/Highway Department Town of Homer (Snow and Ice- County Roads) ON MOTION OF BOYDEN RESOLUTION NO. 87-15 Authorize Agreement/Highway Department Town of Homer (Snow and Ice-County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the County of Cortland currently has a five year agreement with the Town of Homer for control of snow and ice that will expire on November 1, 2016, with the option to enter into a new five year agreement, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a new agreement with the Town of Homer to control snow and ice on 7.72 miles of County roads during the 2016-2017and thru the 2020-2021 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County continues on with a 2% increase per snow season, starting on November 1, 2016 with $3,752.77 per centerline mile, to be paid as follows each year: one fourth in November, one fourth in February and one half in April, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Homer subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 14 – Amend Budget Airport Land Acquisition Phase II Cortland County Airport RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- ON MOTION OF BOYDEN RESOLUTION NO. 88-15 Amend Budget Airport Land Acquisition Phase II Cortland County Airport WHEREAS, Resolution 71-10 authorized the Airport Land Acquisition Phase II Project, AND WHEREAS, the acquisition of certain land rights has caused the expenses for the land acquisition to surpass the original amount budgeted for the project, AND WHEREAS, the additional expense amount needed through completion of the project is estimated to be $80,000.00, AND WHEREAS, the funding for said additional amount needed will be available at participation levels of 95% Federal ($76,000.00), 2.5% State ($2,000.00) and 2.5% Local (County) funding ($2,000.00), AND WHEREAS, the Highway Committee of the Cortland County Legislature has recommended that the project budget be amended by the above listed amounts, AND WHEREAS, Resolution 71-10 approved funding levels for the project as follows: 95% Federal $760,000.00 2.5% State $20,000.00 2.5% Local $20,000.00 Total $800,000.00 , AND WHEREAS, the original local share of $20,000.00 listed in Resolution 71-10 has already been transferred to the project account in County FY 2010 from the 2010 Airport Budget, NOW THEREFORE BE IT RESOLVED, that Resolution No. 71-10 be and is hereby amended as follows: 1. The funding for said project shall be increased to the following funding participation levels: 95% Federal $836,000.00 2.5% State $ 22,000.00 2.5% Local $ 22,000.00 Total $880,000.00 2. The 2.5% Local (County) share ($2,000.00) of the necessary additional funding amount shall RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- be transferred to the project revenue account from Account No. A56105.52253 in the 2015 Airport Budget. , AND BE IT FURTHER RESOLVED, that the project account be amended as follows: Increase: Expense: H56105.52253.5616 Airport Land Acquisition Phase II $80,000.00 Increase , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute the necessary Federal and State Grant Agreements, Consultant Agreements, Land Purchase Contract Agreements, and all related necessary documents at the amended total cost not to exceed $880,000.00. AGENDA ITEM NO. 15 – Award Construction Agreement Little York Lake Dam Replacement Town of Homer Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 89-15 Award Construction Agreement Little York Lake Dam Replacement Town of Homer Highway Department WHEREAS, the Highway Superintendent advertised for bids for the Little York Lake Dam Replacement in the Town of Homer, AND WHEREAS, the bids received are as follows: BIDDERS BID Economy Paving Co., Inc. 1819 NYS Route 13 Cortland, NY 13045 $977,717.70 R. DeVincentis Construction, Inc. 1 Brick Avenue Binghamton, NY 13901 $1,129,000.00 RESULT: ADOPTED [15 TO 1] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger NAYS: Charles Sudbrink EXCUSED: George Wagner Revenue: H561055.44597.5616 Federal Revenue $76,000.00 H561043.43597.5616 State Revenue $2,000.00 H461042.45031.5616 Interfund Transfer Revenue $2,000.00 ---PAGE BREAK--- M.A. Bongiovanni, Inc. 1400 Jamesville Ave. P.O. Box 147 Colvin Station Syracuse, NY 13205 $1,284,479.00 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction agreement to the lowest bidder: Economy Paving Co., Inc. for the total amount bid of $977,717.70, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Economy Paving Co., Inc., 1819 NYS Route 13, Cortland, NY 13045, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said agreement from Account H87455.54077.2245 Materials and Supplies for the Little York Lake Dam Replacement Project in the Town of Homer. AGENDA ITEM NO. 16 – Award Bids Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 90-15 Award Bids Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for various materials and supplies used by the Highway Department in 2013 and 2014 with an option to extend existing bids for up to three years, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County will extend the existing 2013 and/or 2014 bid pricing to 2015 for the purchase of materials, supplies and services from the low bidders meeting specifications as follows: AWOS INSPECTION AND MAINTENANCE from Avionics, Inc., 102 Gardnertown Rd., Newburgh, NY 12550. BITUMINOUS CONCRETE from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. BITUMINOUS LIQUID from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. GUIDERAIL POST INSTALLATION from Silverline Construction, Inc., 4299 Newton Rd., Burdett, NY 14818. RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- PAINTING TRAFFIC LINES from Seneca Pavement Markings, 3526 Watkins Rd., Horseheads, NY 14845. PROCESSING OF HIGHWAY AGGREGATE from RMS Gravel, PO Box 455, Dryden, NY 13053. RECYLED ASPHALT PAVEMENT (COLD) AND PARTIAL DEPTH STABILIZATION from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. TREE AND STUMP REMOVAL SERVICE from Stub’s Tree Service, 4671 Syrian Hill Rd., McGraw, NY 13101. TRUCKING OF HIGHWAY AGGREGATE from Van Slyke Trucking, P.O. Box 15218, Syracuse, NY 15218. Referred from Health & Human Services Committee AGENDA ITEM NO. 17 – Amend Budget/Contract Federal Salary Sharing Funds to Purchase Additional EPrescribe License from DocuTraq ON MOTION OF PRICE RESOLUTION NO. 91-15 Amend Budget/Contract Federal Salary Sharing Funds to Purchase Additional EPrescribe License from DocuTraq WHEREAS, hiring a part-time Nurse Practitioner has been approved by the Legislature, AND WHEREAS, it is required by Medicaid and Medicare that the Nurse Practitioner prescribe medications electronically and to fulfill this requirement an additional ePrescribe license will need to be purchased from DocuTrac, Inc., at a cost of $531.00, AND WHEREAS, the Cortland County Mental Health Clinic received additional funding from Federal Salary Sharing, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase: Revenues: A431044 44490 4200 $531.00 Expenses: A43105 54004 4200 $531.00 , AND BE IT FURTHER RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- RESOLVED, that contract #398-14 with DocuTrac be amended to include the cost of the additional license. AGENDA ITEM NO. 18 – Amend Budget / Contract Mental Health Department Increase in State Aid Funding for Cortland Enlarged School District, Family Counseling Services and Catholic Charities ON MOTION OF PRICE RESOLUTION NO. 92-15 Amend Budget / Contract Mental Health Department Increase in State Aid Funding for Cortland Enlarged School District, Family Counseling Services and Catholic Charities WHEREAS, the Office of Alcoholism and Substance Abuse Services has increased the amount of funding for the Cortland Enlarged School District, Family Counseling Services and Catholic Charities for the provision of a two percent increase in annual salary and salary-related benefit costs for certain direct care staff in the amount of $13,860.00, AND WHEREAS, the Office of Alcoholism and Substance Abuse Services has increased the amount of funding for Catholic Charities to cover food stamp shortfalls in the amount of $8,764.00, AND WHEREAS Cortland County Mental Health Clinic and the Cortland Enlarged School District entered into contract #339-14 for the period December 31, 2014 through December 31, 2015 for $88,009.00, AND WHEREAS Cortland County Mental Health Clinic and the Family Counseling Services entered into contract #400-14 for the period December 31, 2014 through December 31, 2015 for $772,187.00, AND WHEREAS Cortland County Mental Health Clinic and Catholic Charities entered into contract #399-14 for the period December 31, 2014 through December 31, 2015 for $872,768.00, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase: Increase: Expenses: A43105-54870-4211 Cortland Enlarged School Dist. $ 1,174.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner Revenue: A431043-43492-4211 NYS OASAS Funding $ 1,174.00 A431043-43492-4208 NYS OASAS Funding $10,358.00 A431043-43492-4224 NYS OASAS Funding $11,092.00 ---PAGE BREAK--- A43105-57870-4208 Family Counseling Services $10,358.00 A43105-57870-4224 Catholic Charities $11,092.00 , AND BE IT FURTHER RESOLVED, that contracts with the Cortland Enlarged School District, Family Counseling Services and Catholic Charities be amended to include the increase in State Aid Funding. AGENDA ITEM NO. 19 – Authorize Agreement/Accept Funds Health Department/Emergency Preparedness (Ebola Preparedness and Response Activities) Mr. Denkenberger said that while the chance of Ebola coming to Cortland is very small, this prepares the County for an outbreak of other diseases as well. ON MOTION OF PRICE RESOLUTION NO. 93-15 Authorize Agreement/Accept Funds Health Department/Emergency Preparedness (Ebola Preparedness and Response Activities) WHEREAS, the Cortland County Health Department has been awarded $38,000 from the NYS Department of Health for Ebola preparedness and response activities for the period 04/01/15 - 09/30/16, AND WHEREAS, this funding will be used to cover Ebola related expenditures outside of the Public Health Emergency Preparedness Grant as approved by the state, AND WHEREAS, this funding was not budgeted for in the 2015 County Budget, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be amended as follows: Increase Revenue: A401044.44401.4010 PHEP Grant $38,000 Increase: Expenses: A40105.52060.4010 Computer Equipment $2,000 A40105.54004.4010 Computer Software $1,500 A40105.54005.4010 Office Supplies $5,000 A40105.54012.4010 PPE Supplies $10,000 A40105.54035.4010 Education & Training $9,500 A40105.54045.4010 Travel $5,000 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- A40105.54055.4010 Professional Services $5,000 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign this agreement with the NYS Department of Health to accept these funds. AGENDA ITEM NO. 20 – Amend Budget - Area Agency on Aging/RSVP ON MOTION OF PRICE RESOLUTION NO. 94-15 Amend Budget - Area Agency on Aging/RSVP WHEREAS, the Corporation for National Service has allocated additional funds in the amount of $1,200.00 for the RSVP Program for the period July 1, 2014 through June 30, 2015, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: Increase: Expenses: A76225 54035 4321 Training & Education +$150.00 A76225 54045 4321 Travel/Subsistence +$880.00 A76225 54065 4321 Car rental +$135.00 A76225 54078 4321 Fuel 35.00 Revenues: A762244 44772 4321 Federal Aid – RSVP +$1,200.00 AGENDA ITEM NO. 21 – Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU Upstate’s CARE Program-Golisano Children’s Hospital RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- ON MOTION OF BUSHNELL RESOLUTION NO. 95-15 Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU Upstate’s CARE Program-Golisano Children’s Hospital WHEREAS, a Child Advocacy Center (“CAC”) has been created in Cortland County to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), and which funds are administered by the District Attorney of Cortland County AND WHEREAS, the CAC, through the DA, wishes to enter into a memorandum of understanding with the CARE (Child Abuse Referral and Evaluation) Program-Golisano Children’s Hospital for the specialized treatment of children of suspected sexual or severe physical abuse and for their participation on the CAC’s multidisciplinary team, as these services do not currently exist in the Cortland community, for a total amount of $6,000, paid for through said NYS grant, as approved for the current fiscal year with no additional funds needed, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, be and hereby is authorized to sign such agreements as are necessary to enter into this memo of understanding and is hereby authorized to approve payment of such amount. AGENDA ITEM NO. 22 – Amend Budget - Area Agency on Aging (Community Services for the Elderly Program - Services) ON MOTION OF PRICE RESOLUTION NO. 96-15 Amend Budget - Area Agency on Aging (Community Services for the Elderly Program - Services) WHEREAS, the New York State Office for the Aging has allocated additional funds in the amount of $1,050.00 for services under the Community Services for the Elderly Program for the period April 1, 2015 through March 31, 2016, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-54055 4324 Professional Services - CSE +$1,050.00 Revenues: A677243-43772 4324 State Aid - CSE-Services +$1,050.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- AGENDA ITEM NO. 23 – Amend Budget - Area Agency on Aging (Health Insurance Information Counseling and Assistance Program - HIICAP) ON MOTION OF PRICE RESOLUTION NO. 97-15 Amend Budget - Area Agency on Aging (Health Insurance Information Counseling and Assistance Program - HIICAP) WHEREAS, the New York State Office for the Aging has allocated additional funds in the amount of $11,513.00 for services under the Health Insurance Information Counseling and Assistance Program for the period April 1, 2014 through March 31, 2015, AND WHEREAS, $10,613.00 of these funds are in the 2015 budget in Account A67725-51005 4330 (Title IIIB Personal Services), NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-54001 4338 Printing - HIICAP +$900.00 Revenues: A677243-43772 4338 State Aid - HIICAP +$900.00 AGENDA ITEM NO. 24 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies ON MOTION OF PRICE RESOLUTION NO. 98-15 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on February 20, 2015 for April 1, 2015 through June 30, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- for the purchase of paper goods and maintenance supplies in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest responsible bidder, AND WHEREAS, bids were received from the following: Eastern Maint & Supply/The Wescott Group, 107 Norris Dr, Suite G, Rochester, NY 14610 Maines Paper & Food Service, PO Box 450, 101 Broome Corp. Pkwy, Conklin, NY 13748 Oliver Packaging & Equip Co., 3235 Wilson Dr NW, Grand Rapids, MI 49534 Sanico, PO Box 2037, Binghamton, NY 13902 Smith Packing Co., Inc., 105-125 Washington St., PO Box 520, Utica, NY 13503 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that said departments have the right to award bids based on price and quality, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the lowest responsible bidders and best value for April 1, 2015 through June 30, 2015. AGENDA ITEM NO. 25 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods ON MOTION OF PRICE RESOLUTION NO. 99-15 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on February 20, 2015 for the period April 1, 2015 through June 30, 2015 for the purchase of miscellaneous groceries and frozen foods in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest responsible bidder, AND WHEREAS, bids were received from the following: RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- Ginsberg’s, PO Box 17, Route 66, Hudson, NY 12534 Maines Paper & Food Service, PO Box 450, 101 Broome Corp. Pkwy, Conklin, NY 13748 Smith Packing Co., PO Box 520, Utica, NY 13503-0520 US Foods, 755 Pierce Road, Clifton Park, NY 12065 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that said departments have the right to award bids based on price and quality, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the lowest responsible bidders and best value for the period April 1, 2015 through June 30, 2015. AGENDA ITEM NO. 26 – Authorize Agreement Health Department/Hospice (Cost Report) ON MOTION OF PRICE RESOLUTION NO. 100-15 Authorize Agreement Health Department/Hospice (Cost Report) WHEREAS, Caring Community Hospice of Cortland, a division of the Cortland County Health Department in 2014, is required to complete a comprehensive annual Medicare Cost Report, AND WHEREAS, Hospice will contract with Caryn C. Hughes, financial analyst specializing in Hospice Cost Report preparation to compile and analyze data to complete a cost report for a fee not to exceed $2000 maximum, AND WHEREAS, monies for the above service are budgeted in expenditure account A40105.54055.4000, AND WHEREAS, the term for this Cost Report is for the period January 1, 2014 through September 14, 2014, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement for provision of such service. Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 27 – Amend 2015 Budget Federal Section 5311 New York State Department of Transportation State Operating Assistance (STOA)Passenger/Miles Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- ON MOTION OF TROY RESOLUTION NO. 101-15 Amend 2015 Budget Federal Section 5311 New York State Department of Transportation State Operating Assistance (STOA)Passenger/Miles Planning Department WHEREAS, the Public Transportation Bureau has sent vouchers to the New York State Comptroller that distribute the SFY 2014-2015 Statewide Mass Transportation Operating Assistance (STOA) “clean up” payments to the upstate formula bus systems. These payments distribute the remaining SFY 2014-2015 STOA appropriation balances for the upstate formula bus systems, AND WHEREAS, the County of Cortland has received SFY 2014-15 STOA “clean up” payment from the New York State Department of Transportation under Federal Section 5311 for transit operating assistance, NOW THEREFORE BE IT RESOLVED, that to continue this program for the period of January 1, 2015 to December 31, 2015 the Cortland County 2015 Budget is hereby amended as follows: Increase: Appropriations A80225.54081 5311 STOA $111,854.71 Increase: Revenue: A802243.43594 5311 STOA $111,854.71 Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 28 – Authorize Agreement - Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 102-15 Authorize Agreement - Emergency Response & Communications WHEREAS, Cortland County Department of Emergency Response and Communications is desirous of contracting with United Radio for the removal of all legacy radio and electronic equipment from RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- the County’s Public Safety Building, AND WHEREAS, the funding of up to $3,840.00 is provided for through the Professional Services account A30205.54055, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of April 1, 2015 through July 31, 2015 with United Radio. AGENDA ITEM NO. 29 – County Clerk Abolish/Create Index Clerk (2 Positions)/Deputy County Clerk, Clerk ON MOTION OF BUSHNELL RESOLUTION NO. 103-15 County Clerk Abolish/Create Index Clerk (2 Positions)/Deputy County Clerk, Clerk WHEREAS, the needs of the County Clerk’s Office will be better served by abolishing two positions and creating two positions, AND WHEREAS, the Judiciary and Public Safety Committee recommends abolishing two positions and creating two positions to better reflect the needs of the department, NOW THEREFORE BE IT RESOLVED, that two full-time positions of Index Clerk (Grade 6, $13.9595- 17.3235/HR., CSEA contract, competitive class) be and hereby are abolished effective April 3, 2015, AND BE IT FURTHER RESOLVED, that one full-time position of Deputy County Clerk (Grade 11, $34,619- 42,118, Management Compensation Plan, exempt class) be created effective April 4, 2015, AND BE IT FURTHER RESOLVED, that one full-time position of Clerk (Grade 4, $12.8297-15.9214/HR., CSEA contract, competitive class) be created effective April 4, 2015. Referred from Personnel Committee AGENDA ITEM NO. 30 – Adopt Cortland County Whistle Blower Policy RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 104-15 Adopt Cortland County Whistle Blower Policy WHEREAS, The Cortland County Personnel Committee recommends the adoption of a Whistleblower Protection Policy to enable employees and others to raise concerns of inappropriate conduct without fear of retribution, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature, upon approval of the County Attorney, hereby adopts the attached Cortland County Whistleblower Protection Policy, AND BE IT FURTHER RESOLVED, that said policy shall be made available to all Cortland County employees. Referred from Budget & Finance Committee AGENDA ITEM NO. 31 – Appoint Director of Real Property Tax Services Real Property Ms. Briggs said that Karen Spafford, longtime County employee in the Real Property Tax Office will fill the position. ON MOTION OF WHITNEY RESOLUTION NO. 105-15 Appoint Director of Real Property Tax Services Real Property WHEREAS, the Cortland County Legislature has a vacant position of Director of Real Property Tax Services, AND WHEREAS, the duties and powers of the County Administrator as Chief Administrative Officer provide for the Administrator to monitor the department heads and provide general supervision to each department, AND WHEREAS, Local Law No. 7 of year 2002 reserves and prescribes the duty to the County RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- Administrator to make recommendations to the County Legislature for the appointment of each department head, AND WHEREAS, the County Administrator has offered a recommendation for this appointment, AND WHEREAS, a duly appointed interview committee has reviewed applications and offers the following candidate for appointment, AND WHEREAS, the County Legislature has received from the County Administrator the recommendation for appointment of Karen Spafford as Director of Real Property Tax Services, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Karen Spafford as Director of Real Property Tax Services from March 27, 2015 to September 30, 2019 at an annual salary of $58,575 (Non-competitive class, Management Compensation Plan, Grade 5, step 1, 35 hours/week) pursuant to the terms and conditions of the Management Confidential/Management Employment Policy. AGENDA ITEM NO. 32 – Resolution in Opposition to Governor Cuomo’s Proposal to Increase State Influence on Local IDA Decision Making ON MOTION OF WHITNEY RESOLUTION NO. 106-15 Resolution in Opposition to Governor Cuomo’s Proposal to Increase State Influence on Local IDA Decision Making WHEREAS, Industrial Development Agencies (IDA) are an important economic development tool to promote job creation and retention in our communities and are the main source of economic development subsidies at the local and county level, AND WHEREAS, Governor Cuomo’s proposed Revenue Bill - Part W, as indicated in the State of the State, is set to add an additional layer of redundant paperwork and delays to projects utilizing IDA assistance, AND WHEREAS, Local IDAs have been a driver of development in Cortland County, and much of Western New York, and we need to continue relying on them, AND WHEREAS, part of their success lies in the fact that they have the best knowledge of and interest in the areas that they serve, AND WHEREAS, allowing the State to have a larger role in approving IDA incentives will decrease the ability of local municipalities to decide how they plan to economically develop and replace RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- that with the decisions coming from downstate, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature continues to support our local IDAs and endorses their activities unburdened by additional State regulations and mandates, AND BE IT FURTHER RESOLVED, that this honorable body hereby joins the Local IDA in the County of Cortland in their opposition to Governor Cuomo’s proposal to add further paperwork to the IDA incentive processes, AND BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Governor Andrew Cuomo’s Office, and Cortland County’s Representatives for the New York State Assembly and Senate. AGENDA ITEM NO. 33 – Establish Reserve Account for County Vehicle Repair/Replacement ON MOTION OF WHITNEY RESOLUTION NO. 107-15 Establish Reserve Account for County Vehicle Repair/Replacement WHEREAS, the County has implemented a leasing/replacement program for its vehicle fleet, AND WHEREAS, the County leasing program has resulted in older vehicles being declared surplus and subsequently auctioned, AND WHEREAS, it has proven cost effective for the County not to carry collision insurance on its vehicles, NOW THEREFORE BE IT RESOLVED, that a Reserve Account (Account #A386300.VEH) for future vehicle-related costs is hereby established, AND BE IT FUTHER RESOLVED, that all proceeds from auctioned vehicles initially purchased through the General Fund, shall be deposited into this account, as well as any annual contributions provided by the County Legislature, AND BE IT FURTHER RESOLVED, that the County Treasurer make the necessary changes to the 2015 budget. AGENDA ITEM NO. 34 – Authorize Auctioneer for Sale of County Properties - Treasurers Office RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 108-15 Authorize Auctioneer for Sale of County Properties - Treasurers Office WHEREAS, The Treasurer's Office of Cortland County received one proposal for the auction of In Rem Foreclosures, Index 13-525, AND WHEREAS, the Treasurer's Office has received the proposal from the New York State licensed auctioneer Mel Manasse & Sons Auctioneer, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval of the County Attorney, is hereby authorized to execute a contract with Mel Manasse & Son Auctioneers, 12 Henry Street, PO Box 738, Whitney Point, N.Y. 13862 for the 2013 foreclosed properties. AGENDA ITEM NO. 35 – Transfer Funds - Treasurers Office 2015 General Obligation Bond ON MOTION OF WHITNEY RESOLUTION NO. 109-15 Transfer Funds - Treasurers Office 2015 General Obligation Bond WHEREAS, several invoices have been received in relation to the General Obligation (Serial) Bond 2015, AND WHEREAS, insufficient funds were budgeted in 2015 to cover these invoices, AND WHEREAS, there are no line items to transfer the money from, NOW THEREFORE BE IT RESOLVED, that $72,000.00 be transferred from A359900 Fund Balance to A97725.54055, Professional Services, to cover said invoices. AGENDA ITEM NO. 36 – Authorize Payment/Town of Lapeer Excess Sales Tax - Treasurer's Office RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: George Wagner ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 110-15 Authorize Payment/Town of Lapeer Excess Sales Tax - Treasurer's Office WHEREAS, the 2014 Budget allowed for sales tax payments to other municipalities based on projected sales tax receipts for 2014, AND WHEREAS, Lapeer agreed to apply all of their estimated Sales Tax to their County Levy, AND WHEREAS, there was more Sales Tax received than was estimated, NOW THEREFORE BE IT RESOLVED, that a check be written to the Town of Lapeer in the amount of $6,386.45, their share of the 2014 excess Sales Tax. Announcements Ms. Briggs announced that the interviews for the Director of Budget & Finance are progressing and the committee hopes to have a candidate to recommend soon. Ms. Briggs announced that negotiations with OCRRA for a solid waste partnership are ongoing. The next step to complete the SEQR process is to adopt a findings statement, which she does not intend to bring forward to a vote until after the terms of a contract are finalized. Adjourn RESULT: MOVER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kevin Whitney, Legislative District 13 Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink George Wagner ---PAGE BREAK--- • Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, April 23, 2015 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Price (Excused) EXECUTIVE SESSION Mr. Wheelock made a motion to Suspend the Rules of Order. Second by Mr. Sudbrink. Ms. Briggs asked the reason for the motion. Mr. Wheelock said he wishes to suspend the Rules of Order to consider the removal of the Chair. Ms. Briggs said the motion was "out of order" and would violate county local laws. She said she has taken an oath to protect the County and allowing this motion would put the County in peril, and she dismissed the motion. Mr. Whitney said Mr. Boyden made a motion to the Clerk to overrule the ruling of the chair in regards to the dismissal of the motion. Second by Mr. Sudbrink. Mr. Boylan read a roll call vote. All legislators voting in favor, except Mr. Snyder and Ms. Briggs. The motion was approved with a weighted vote of 40,411. Mr. Boylan then called for a vote on the original motion to suspend the Rules of Order. All members voting in favor, except Mr. Snyder and Ms. Briggs. The motion was approved with a weighted vote of 40,411. Mr. Boyden made a motion to go into Executive Session to discuss a personnel matter regarding the removal of the Chair of the Legislature. Second by Mr. Whitney. Mr. Boylan read the roll call vote. All members voting in favor except Mr. Snyder and Ms. Briggs. The motion was approved with a weighted vote of 40,411. AGENDA ITEM NO. 1 – Motion to Rescind Resolution 1-14 - Appoint Chair of the Legislature Upon entering Executive Session Ms. Briggs made a motion that her attorney, Mr. Scott Chatfield, be allowed to remain, pending pledge to honor the confidentiality terms of a Legislative Executive Session. Second by Mr. Snyder. Mr. Chatfield agree to adhere to the terms. The motion was approved. Mr. Boyden distributed copies of a resolution to rescind Resolution 1-14 and made a motion to approve it. Second by Mr. Steinhoff. After discussion, Mr. Bushnell made a motion to "call the question" and end debate. Second by Mr. Boyden. Mr. Boylan read a roll call vote. All legislators voting in favor to call the question, except Ms. Cobb, Mr. Snyder and Ms. Briggs. The motion was approved with a weighted of 37,604. ---PAGE BREAK--- The Clerk proceeded to call a roll call vote on the original motion to rescind Resolution 1-14. All legislators voting in favor, except Ms. Cobb, Mr. Snyder and Ms. Briggs. The motion was approved with a weighted of 37,604. Prior to leaving executive session Mr. Chatfield asked for permission to discuss the vote that was taken. Mr. Whitney made a motion to allow the actions taken to be discussed. Second by Mr. Snyder. All members voting in favor; none opposed. The motion was approved. Mr. Whitney made a motion to end the Executive Session. Second by Mr. Denkenberger. All members voting in favor; none opposed. The motion was approved. Following an Executive Session Mr. Boyden called for a five minute recess. ON MOTION OF BOYDEN RESOLUTION NO. 111-15 Motion to Rescind Resolution 1-14/Appoint Chair of the Legislature WHEREAS, County Law, Section 450 requires the Chair of the County Legislature to file an official undertaking in such an amount as may be required by the County Legislature, AND WHEREAS, Resolution 1-14 appointed Susan Briggs as Chair of the Cortland County Legislature, AND WHEREAS, the Cortland County Legislature has No Confidence in Ms. Briggs’ ability as Chair of the County Legislature, to act in the best interest of Cortland County, NOW THERFORE BE IT RESOLVED, that Resolution 1-14 is hereby rescinded. Following the Executive Session Ms. Briggs left the meeting. Following an Executive Session Mr. Boyden called for a five minute recess. Approval of Minutes Cortland County Legislature - Legislative Session - Mar 26, 2015 6:00 PM RESULT: ADOPTED [13 TO 3] MOVER: Donnell Boyden, Chair SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Hartnett, Bushnell, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink NAYS: Amy Cobb, Luke Snyder, Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- Privilege of the floor Proclamations & Recognitions Proclaiming Foster Parent Month Presentation of Petitions, Communications, and Notice Receive and File 2015 DSS Annual Report and Business Plan Mr. Troy made a motion to Receive & File the 2015 DSS Annual Report. Second by Mr. Denkenberger. All in favor; none opposed. Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Selecting Chair of the County Legislature and Setting Official Undertaking ON MOTION OF STEINHOFF RESOLUTION NO. 112-15 Selecting Chair of the County Legislature and Setting Official Undertaking WHEREAS, the Cortland County Legislature has rescinded the appointment of Susan Briggs as RESULT: ADOPTED [13 TO 2] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: George Wagner, Legislative District 15 AYES: Troy, Hartnett, Bushnell, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink NAYS: Amy Cobb, Luke Snyder ABSENT: Susan Briggs EXCUSED: Sandra Price RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Sandra Price ---PAGE BREAK--- Chair of the Legislature, AND WHEREAS, County Law, Section 450 requires the Chair of the County Legislature to file an official undertaking in such an amount as may be required by the County Legislature, AND WHEREAS, Cortland County presently has a policy covering employees for wrongful acts, NOW THEREFORE BE IT RESOLVED, that Donnell Boyden be and hereby is selected as Chair of the County Legislature to serve during the term of this Board, AND BE IT FURTHER RESOLVED, that the amount of the Chairman’s undertaking be zero. AGENDA ITEM NO. 2 – Resolution Rescinding Res. 74-15; Extending the Tenure of Acting County Administrator ON MOTION OF JOSEPH STEINHOFF RESOLUTION NO. 113-15 Resolution Rescinding Res. 74-15; Extending the Tenure of Acting County Administrator WHEREAS, Local Law No. 7 of 2002 established the office of County Administrator, AND WHEREAS, Local Law No. 7 of 2002 provides that the Chairman of the Legislature shall be the Acting County Administrator in the event of a vacancy in that office, and sets a term for an Acting County Administrator not to exceed 60 days, unless authorized by the Legislature, AND WHEREAS, the Cortland County Administrator position was vacated August 28, 2014, and Susan Briggs, Chair of the Legislature has been Acting County Administrator since that date, AND WHEREAS, Susan Briggs appointment as Chair of the Legislature has been rescinded by the County Legislature, AND WHEREAS, it is the wish of the Cortland County Legislature that Donnell Boyden continue as Acting County Administrator, NOW THEREFORE BE IT RESOLVED, that Donnell Boyden is hereby appointed as Acting County Administrator until Dec. 31, 2015, or until the vacancy has been otherwise addressed. AGENDA ITEM NO. 3 – Appoint Member Community Services Board RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 114-15 Appoint Member Community Services Board WHEREAS, the By-Laws of the Cortland County Community Services Board, Article 3 Section 1 states that membership of the organization shall consist of (15) fifteen members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Board shall be four years, AND WHEREAS, there are currently two vacancies due to the resignation of Elaine Lambert (term expires 12/31/2015) and Barry Kerner (term expires 12/31/2017), NOW THEREFORE BE IT RESOLVED, that the following appointment is to be made: NAME/ADDRESS TERM Jeff Beal Expiration December 31, 2017 407 Homer Gulf Rd Homer NY 13077 AGENDA ITEM NO. 4 – Appoint Member Developmental Disability (DD) Subcommittee ON MOTION OF PRICE RESOLUTION NO. 115-15 Appoint Member Developmental Disability (DD) Subcommittee WHEREAS, the By-Laws of the Cortland County DD Subcommittee, Article 7, Section 1 states that membership of the organization shall consist of nine members appointed by the Cortland County Legislature, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- WHEREAS, the term of each member of the Subcommittee shall be four years, AND WHEREAS, there are currently two vacancies on the DD Subcommittee; Barry Kerner and Kimberly McRae Friedman (terms expire 12/31/2017), NOW THEREFORE BE IT RESOLVED, that the following appointment be made: NAME/ADDRESS TERM EXPIRATION: Aaron Baier 12/31/2017 25 Lincoln Ave Cortland NY 13045 Referred from Highway Committee AGENDA ITEM NO. 5 – Award Construction and Construction Inspection Agreements T- Hangar Building Cortland County Airport/Chase Field Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 116-15 Award Construction and Construction Inspection Agreements T-Hangar Building Cortland County Airport/Chase Field Highway Department WHEREAS, the Cortland County Legislature approved the project to accept a New York State Aviation Grant and construct a T Hangar Building at Cortland County Airport under Resolution 185-14, AND WHEREAS, the Highway Department advertised a solicitation for bids for construction of the T Hangar Building, AND WHEREAS, bid proposals were received and opened for this project on April 6, 2015 and the following list constitute the results of said bid opening: BIDDER NAME MURNANE BUILDING CONTRACTORS, INC. AMOUNT OF BID $286,000.00 6728 MYERS RD. E. SYRACUSE, NY 13057 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- BOLAND'S EXCAVATING & TOPSOIL, INC. 1403 MILLBURN DR. CONKLIN, NY 13748 $350,800.00 EAGLE ASSOCIATES OF CAZENOVIA, LLC 3592 COBBLESTONE DR., P.O. BOX 322 CAZENOVIA, NY 13035 $386,829.00 CHRISANNTHA CONSTRUCTION CORP. 4661 DEWEY AVE. GORHAM, NY 14461 $425,000.00 , AND WHEREAS, the said New York State Aviation Grant includes approval and funding for contract engineering construction inspection services for the construction inspection tasks required by said grant for the building contract, AND WHEREAS, Resolution 162-12 approved McFarland Johnson Inc., 49 Court St., P.O. Box 1980, Binghamton, NY 13902 as the engineering firm to provide airport engineering services for a five-year term, and McFarland Johnson has submitted a task agreement for the construction inspection tasks for the building contract required by the grant at a cost not to exceed $15,000.00, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County Legislature hereby awards the construction contract for the construction of the T Hangar Building to Murnane Building Contractors, Inc., 6728 Myers Rd., E. Syracuse, NY13057 in the amount of $$286,000.00, AND BE IT FURTHER RESOLVED, that in accordance with the recommendations of the Highway Committee, the County Legislature hereby approves the agreement for the construction inspection of the T Hangar Building contract to McFarland Johnson Inc., 49 Court St., P.O. Box 1980, Binghamton, NY 13902 in an amount not to exceed $15,000.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney as to form, is hereby authorized to execute the necessary contract agreements for said contracts, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said contract agreements from Account H 56105.54077.5635. AGENDA ITEM NO. 6 – Award Construction Agreement Cheningo Road Over Cheningo Creek Tributary Large Culvert Replacement C.I.N. 600A-0835-213.25 Highway Department ---PAGE BREAK--- ON MOTION OF BOYDEN RESOLUTION NO. 117-15 Award Construction Agreement Cheningo Road Over Cheningo Creek Tributary Large Culvert Replacement C.I.N. 600A-0835-213.25 Highway Department WHEREAS, the Highway Superintendent advertised for bids for the Cheningo Road over Cheningo Creek Tributary Large Culvert Replacement C.I.N. 600A-0835-213.25 in the Town of Truxton, AND WHEREAS, the bids received are as follows: BIDDERS BID J. B. Excavations $218,630.00 1349 Otisco Valley Rd. Marietta, NY 13110 Silverline Construction, Inc. 4299 Newton Rd. Burdett, NY 14818 $227,424.00 All-Around Storage, LLC BDA All-Around Excavating 660 Riverside Drive Johnson City, NY 13790 $231,743.87 ZMK Construction, Inc. 3430 State Route 434 Apalachin, NY 13732 $235,254.00 Bothar Construction, Inc. 170 East Service Road Binghamton, NY 13901 $236,731.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- Economy Paving Co., Inc. 1819 NYS Rte 13 Cortland, NY 13045 $257,797.70 Gorick Construction Co., Inc. 27 Track Drive Binghamton, NY 13904 $257,805.00 R. DeVincentis Construction, Inc. 1 Brick Avenue Binghamton, NY 13901 $271,000.00 Suit Kote Corporation 1911 Lorings Crossing Rd. Cortland, NY 13045 $290,688.21 Rifenburg Construction, Inc. 159 Brick Church Road Troy, NY 12180 $299,342.00 Slate Hill Constructors 6573 Herman Road P.O. Box 275 Warners, NY 13164 $311,169.00 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction agreement to the lowest bidder: J. B. Excavations, 1349 Otisco Valley Rd., Marietta, NY,13110 for the total amount bid of $218,630.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with J. B. Excavations,1349 Otisco Valley Rd., Marietta, for the Cheningo Road over Cheningo Creek Tributary Large Culvert Replacement C.I.N. 600A-0835-213.25 in the Town of Truxton, NY, 13110, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said agreement from Account D51125.54077.7046 Materials and Supplies for the Cheningo Road over Cheningo Creek Tributary Large Culvert Replacement C.I.N. 600A-0835-213.25 in the Town of Truxton. AGENDA ITEM NO. 7 – Award Construction Agreement West Scott Road Over Vrooman Gulf ---PAGE BREAK--- Large Culvert Replacement C.I.N. 100-0761-152.00 Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 118-15 Award Construction Agreement West Scott Road Over Vrooman Gulf Large Culvert Replacement C.I.N. 100-0761-152.00 Highway Department WHEREAS, the Highway Superintendent advertised for bids for the West Scott Road over Vrooman Gulf Large Culvert Replacement C.I.N. 100-0761-152.00, Town of Scott, AND WHEREAS, the bids received are as follows: BIDDERS BID Silverline Construction, Inc. $333,384. 00 4299 Newton Rd. Burdett, NY 14818 J. B. Excavations $345,713.00 1349 Otisco Valley Rd. Marietta, NY 13110 Economy Paving Co., Inc. 1819 NYS Rte 13 Cortland, NY 13045 $346,266.00 Bothar Construction, Inc. 170 East Service Road Binghamton, NY 13901 $347,994.50 ZMK Construction, Inc. 3430 State Route 434 Apalachin, NY 13732 $361,000.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- R. DeVincentis Construction, Inc. 1 Brick Avenue Binghamton, NY 13901 $383,000.00 Suit Kote Corporation 1911 Lorings Crossing Rd. Cortland, NY 13045 $389,210.00 Rifenburg Construction, Inc. 159 Brick Church Road Troy, NY 12180 $397,998.00 All-Around Storage, LLC DBA All-Around Excavating 660 Riverside Drive Johnson City, NY 13790 $411,944.11 Gorick Construction Co., Inc. 27 Track Drive Binghamton, NY 13904 $442,410.00 Slate Hill Constructors 6573 Herman Road P.O. Box 275 Warners, NY 1316 $444,759.00 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction agreement to the lowest bidder: Silverline Construction, Inc., 4299 Newton Rd., Burdett, NY 14818 for the total amount bid of $333,384.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Silverline Construction, Inc., 4299 Newton Rd., Burdett, NY 14818, for the West Scott Road over Vrooman Gulf Large Culvert Replacement C.I.N. 100-0761-152.00, Town of Scott, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said agreement from Account D51125.54077.7050 Materials and Supplies for the West Scott Road over Vrooman Gulf Large Culvert Replacement C.I.N. 100- 0761-152.00, Town of Scott. AGENDA ITEM NO. 8 – Award 2015 Material and Service Bids Highway Department ---PAGE BREAK--- ON MOTION OF BOYDEN RESOLUTION NO. 119-15 Award 2015 Material and Service Bids Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for various materials and supplies used by the Highway Department, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County Highway Department may purchase materials, supplies and services from the low bidders meeting specifications as follows: ABRASIVES FOR SNOW & ICE from the low bidder where cost of hauling and availability will be a consideration. CORRUGATED POLYETHYLENE PIPE AND COUPLINGS from Advanced Drainage Systems, 4640 Trueman Blvd., Hilliard, OH 43026. CRUSHED STONE from the low bidder where cost of hauling and availability will be a consideration. DIESEL FUEL from Superior Plus Energy Services, Inc., DBA Griffith Energy, 1870 S. Winton Rd., Rochester, NY 14618. GRAVEL from the low bidder where cost of hauling and availability will be a consideration. HEAVY ROCK RIP-RAP from the low bidder where cost and availability will be a consideration. LIQUID CALCIUM CHLORIDE from the low bidder where cost of hauling and availability will be a consideration. OIL AND LUBRICANTS Superior Lubricants, 32 Wand Road, North Tonawanda, NY 14120. PAVEMENT CRACK FILLING from Suit-Kote Corporation, 1911 Lorings Crossing Rd., Cortland, NY 13045 RETREAD/RECAPPED TIRES from Tallmadge Tire, 119 Groton Ave., Cortland, NY 13045 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- STEEL SNOWPLOW AND GRADER BLADE EDGES Chemung Supply Corp. P.O. Box 527, Elmira, NY 14902. STONE FILLING MATERIALS from the low bidder where cost and availability will be a consideration. TIRES & TIRE RELATED SERVICES from Tallmadge Tire, 119 Groton Ave., Cortland, NY 13045 TRANSIT MIX CONCRETE/PRECAST CONCRETE BLOCKS from the low bidder meeting the material specifications and where cost and availability will be a consideration. UNLEADED FUEL from Superior Plus Energy Services, Inc.,DBA Griffith Energy, 1870 South Winton Rd., Rochester, NY 14618 100LL AVIATION GASOLINE from Ascent Aviation Group, Inc., One Mill St., Parish, NY 13131. AGENDA ITEM NO. 9 – Approve Construction & Inspection Little York Lake Dam Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 120-15 Approve Construction & Inspection Little York Lake Dam Highway Department WHEREAS, Resolution 325-14 approved the contract agreement with Barton and Loguidice, D.P.C., 290 Elwood Davis Rd., Box 3107, Liverpool, NY 13220 (B&L) for Professional Engineering Services to the Cortland County Highway Department and Solid Waste Division for a two year term beginning January 1, 2015 and ending December 31, 2016, AND WHEREAS, said Resolution approved that the various tasks under said agreement shall be as assigned by the County Highway Superintendent and paid from various Highway Department and Solid Waste Division accounts, or other accounts as approved by the Cortland County Legislature, AND WHEREAS, the Little York Dam replacement project requires full-time construction inspection by qualified engineering personnel, and B&L has submitted a task order quotation to the County Highway Superintendent in the amount of $70,000.00 to provide said construction inspection under said Professional Engineering Services contract, AND WHEREAS, the approved Little York Dam replacement project includes funding that covers the $70,000.00 cost for said construction inspection engineering services task order quote, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- WHEREAS, the Highway Committee recommends that charges for said task order with B&L for construction inspection engineering services for an amount not to exceed $70,000.00 be paid from the Little York Dam replacement project account H87455.54055.2245, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves that charges for said task order with B&L for construction inspection engineering services for an amount not to exceed $70,000.00 be paid from the Little York Dam replacement project account H87455.54055.2245. AGENDA ITEM NO. 10 – Supplementary Engineering Services Agreement Little York Lake Dam Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 121-15 Supplementary Engineering Services Agreement Little York Lake Dam Highway Department WHEREAS, the Cortland County Legislature approved an Engineering Agreement with Gomez & Sullivan Engineers, P.C. for the engineering in connection with the replacement of the Little York Lake Dam by Resolution 155-09, AND WHEREAS, the County Highway Superintendent has recommended entering into a Supplementary Agreement with Gomez & Sullivan Engineers, P.C., 288 Genesee Street, Utica, New York 13502 to provide engineering support during the construction of the Little York Lake Dam in conformance with the NYSDEC standards for a class Hazard Classified Dam Replacement Project, NOW THEREFORE BE IT RESOLVED, that all engineering fees associated with the completion of the construction of the replacement of the Little York Lake Dam shall not exceed $45,000.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized and directed to execute an agreement with Gomez & Sullivan Engineers, P.C., 288 Genesee Street, Utica, New York 13502 for Professional Engineering Services related to the Replacement of the Little York Lake Dam, with a cost not to exceed $45,000.00 to be paid out of Account H87455.54055.2245. AGENDA ITEM NO. 11 – Approve Engineering Agreement Truxton Tully Road Rehabilitation Project Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- ON MOTION OF BOYDEN RESOLUTION NO. 122-15 Approve Engineering Agreement Truxton Tully Road Rehabilitation Project Highway Department WHEREAS, Resolution 69-11 approved the funding for Truxton - Tully Rd. Rehabilitation Project (NYSDOT PIN 3755.45) with 80% Federal funds and 20% County funds, AND WHEREAS, a requirement of the federal funding for said project is that the County hires a qualified engineering firm to provide full-time construction inspection engineering services during construction of the project, AND WHEREAS, the Highway Committee recommends that Popli Design Group, 3502 James Street, Syracuse, NY 13206, be selected from the NYSDOT approved 2013-2016 LDSA Region 3 list of approved qualified engineering firms to provide said construction inspection engineering services on said project for an amount not to exceed $130,000.00, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute a contract with Popli Design Group, 3502 James Street, Syracuse, NY 13206, for construction inspection services on said project, at an estimated cost not to exceed $130,000.00, AND BE IT FURTHER RESOLVED, that the project costs be charged to Account No. H51125.54055.5126 for professional engineering services. Referred from Solid Waste Committee AGENDA ITEM NO. 12 – Authorize Amnesty Week 2015 Highway Department/Landfill ON MOTION OF HARTNETT RESOLUTION NO. 123-15 RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- Authorize Amnesty Week 2015 Highway Department/Landfill WHEREAS, the Solid Waste Committee of this Legislature has recommended that the Municipalities of Cortland County be granted one week in the spring of 2015 to dispose of wastes other than garbage at no charge, AND WHEREAS, the Solid Waste Committee has recommended that there be a 30 ton limit per Municipality, AND WHEREAS, the Cortland County Landfill no longer accepts tires at their facility, AND WHEREAS, the Superintendent of the Highway Department is authorized to set the dates of such Amnesty Week in the month of May 2015, AND WHEREAS, the Superintendent of the Highway Department is to be authorized to establish the guidelines for such disposal, NOW THEREFORE BE IT RESOLVED, that Superintendent of the Highway Department shall designate a week in the month of May 2015 as the time period allotted for the Municipalities of Cortland County to dispose of their wastes at the Cortland County Landfill up to a 30 ton limit at no charge, AND BE IT FURTHER RESOLVED, that the only vehicles exempt from the tipping fee payment during the aforementioned time period will be vehicles registered in advance, or with designated agents with a letter from the respective municipality’s Chief Executive Officer, AND BE IT FURTHER RESOLVED, that only metal objects (including white goods), construction and demolition waste, and tree wastes will be accepted and shall be separated by category at the landfill site by the municipality making delivery, AND BE IT FURTHER RESOLVED, that tires shall be excluded as an item that is accepted from the Municipalities during Amnesty Week, AND BE IT FURTHER RESOLVED, that the Superintendent of the Highway Department shall furnish the Legislature with an accounting of all wastes delivered to the landfill during Amnesty Week. Referred from Health & Human Services Committee AGENDA ITEM NO. 13 – Authorize Agreement/Accept Funds Health Department/Jacobus Center for Reproductive Health (State Grant) RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 124-15 Accept Funds Health Department/Jacobus Center for Reproductive Health (State Grant) WHEREAS, the Bureau of Women’s Health of the New York State Health Department has awarded the Jacobus Center for Reproductive Health $367,487 for their 2015 annual state grant, AND WHEREAS, $367,487 for the period of 01/01/2015-12/31/2015 funds are already reflected in the 2015 County Budget Expenditure Accounts A40355.51005-51025 $203,795 (Personal Services), A40355.58020-58065 $103,935 (Fringe) and A40355.54000-54500 $59,757 (Contractual), AND HEREAS, $367,487 for the period of 01/01/2015-12/31/2015, funds are already reflected in the 2015 County Budget Revenue Account A403543.43489 $367,487 (Family Planning State Aid Grant), NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with the State of New York to accept these funds. AGENDA ITEM NO. 14 – Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program ON MOTION OF PRICE RESOLUTION NO. 125-15 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $29,140 for the period of 4/1/15-3/31/16 to continue the Adolescent Tobacco Use Prevention Act (ATUPA) Program, AND WHEREAS, these funds will be used for tobacco enforcement activities as part of New York State’s continued efforts to stamp out smoking by youth and enhance Clean Indoor Air Act (CIAA) enforcement activities, AND WHEREAS, these funds are in the 2015 budget in Revenue Account A401243.43450.4023 $29,140 (ATUPA Grant), and in Expenditure Accounts A40125.51005- 51010 $15,183 (Personnel), A40125.58020-58065 $8,958 (Fringe), A40125.54005-54300.4023 $2,235 (Contractual), and $2,764 (Maintenance in Lieu of Rent), NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 15 – Authorize Agreement - Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 126-15 Authorize Agreement - Emergency Response & Communications WHEREAS, Cortland County Department of Emergency Response and Communications is desirous of contracting with Northeast Site & Tower for the removal of all legacy radio and legacy electronic equipment from the County’s Virgil Tower, AND WHEREAS, the funding of up to $5,960 is provided for through the Professional Services account A30205.54055, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of May 1, 2015 through August 31, 2015 with Northeast Site & Tower. AGENDA ITEM NO. 16 – Authorize Agreement - Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 127-15 Authorize Agreement - Emergency Response & Communications RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- WHEREAS, Cortland County Department of Emergency Response and Communications is desirous of contracting with United Radio for the removal of all legacy radio and legacy electronic equipment from the County’s Virgil Tower, AND WHEREAS, the funding of up to $1,920.00 is provided for through the Professional Services account A30205.54055, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of May 1, 2015 through August 31, 2015 with United Radio. Referred from Personnel Committee AGENDA ITEM NO. 17 – Create Part-Time Deputy Clerk of the Legislature The Clerk called upon Ms. Susan Morgan, who spoke in favor of the Resolution. ON MOTION OF PRICE RESOLUTION NO. 128-15 Create Part-Time Deputy Clerk of the Legislature WHEREAS, the needs of the County will be better served by the creation of a part-time (20 hours per week) Deputy Clerk of the Legislature position within the County Legislature budget, AND WHEREAS, the Secretary to County Administrator position is vacant and money remains within the 2015 budget to fund an administrative support staff position, AND WHEREAS, the Personnel Committee recommends the creation of a part-time Deputy Clerk of the Legislature, to be further evaluated during the development of the 2016 Budget, NOW THEREFORE BE IT RESOLVED, a part-time Deputy Clerk of the Legislature (Grade 11, $18.9485- 23.0530/HR., Management Compensation Plan) be and hereby is created effective April 23, 2015, AND BE IT FURTHER RESOLVED, that the 2015 Budget be amended as follows: Decrease RESULT: ADOPTED [UNANIMOUS] MOVER: Luke Snyder, Legislative District 5 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- A1010 51005 Deputy Clerk of the Legislature $13,409.96 A1010 58020 Retirement $ 2,547.00 A1010 58030 FICA $ 1,025.86 A1010 58040 Worker's Compensation $ 529.50 A1010 58060 Health Insurance $11,256.92 A1010 58062 Dental $ 49.85 A1010 58065 Vision Care $ 13.57 AGENDA ITEM NO. 18 – Amend Resolution 168-00 Personnel/Civil Service Department Civil Service Examination Fee ON MOTION OF PRICE RESOLUTION NO. 129-15 Amend Resolution 168-00 Personnel/Civil Service Department Civil Service Examination Fee WHEREAS, a non-refundable civil service examination fee of twelve dollars and fifty cents ($12.50) was instituted in 2000, AND WHEREAS, Civil Service Law Section 50.5(b) of 2008 states that exam fees shall be waived for candidates who certify that they are unemployed and primarily responsible for the support of a household or are receiving public assistance, AND WHEREAS, the Cortland County Personnel/Civil Service Department remits payment to the State Department of Civil Service for every exam scored, including exam fees that are waived, AND WHEREAS, approximately 20% of exam fees have been waived by candidates since the 2009, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Luke Snyder, Legislative District 5 SECONDER: Linda Jones, Legislative District 9 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price A1175 58065 Vision Care $ 13.57 A1175 51005 Secretary to County Admin. $13,409.96 A1175 58020 Retirement $ 2,547.00 A1175 58030 FICA $ 1,025.86 A1175 58040 Worker's Compensation $ 529.50 A1175 58060 Health Insurance $11,256.92 A11 8062 l $ 49 8 ---PAGE BREAK--- RESOLVED, that the Civil Service examination fee for all examinations (except entry level Police Officer and Correction Officer examinations) shall be increased to fifteen dollars ($15.00), AND BE IT FURTHER RESOLVED, that the Civil Service examination fee for all entry level Police Officer and Correction Officer examinations shall be increased from twenty-five dollars ($25.00) to thirty dollars ($30.00), AND BE IT FURTHER RESOLVED, that the increase in exam fees shall become effective for examinations held on or after September 1, 2015. Referred from Budget & Finance Committee AGENDA ITEM NO. 19 – Accept Funds/Amend Budget Cortland County Tobacco Asset Securitization Corp. (County Legislature) ON MOTION OF WHITNEY RESOLUTION NO. 130-15 Accept Funds/Amend Budget Cortland County Tobacco Asset Securitization Corp. (County Legislature) WHEREAS, Cortland County provides space, legal counsel and other administrative services to the Cortland County Tobacco Asset Securitization Corporation (TASC), AND WHEREAS, the Cortland County TASC has not provided payment for said services since 2012, NOW THEREFORE BE IT RESOLVED, that upon approval of the County Attorney, Cortland County hereby accepts payment for services rendered and amends the 2015 Budget as follows: Increase: Revenue: Account A101042 41289 Miscellaneous Revenue $29,651.12 Increase Expense: Account A10105 54055 Professional Services $29,651.12 AGENDA ITEM NO. 20 – Appoint Director of Budget and Finance Cortland County Legislature RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- Mr. Troy made a motion to suspend the Rules of Order to consider the resolution, as it had been approved by the Budget & Finance Committee earlier that day. Upon approval Mr. Boylan indicated that the position will be filled by Peggy Mousaw. Ms. Mousaw was introduced and thanked the Legislature for the appointment. ON MOTION OF WHITNEY RESOLUTION NO. 131-15 Appoint Director of Budget and Finance - Cortland County Legislature WHEREAS, Resolution No. 375-14 created the position of Director of Budget and Finance, AND WHEREAS, a Search Committee of the Cortland County Legislature has conducted interviews, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Peggy Mousaw to serve as Director of Budget and Finance subject to the terms and conditions of the Employment Agreement attached hereto, for a term to expire December 31, 2015, AND BE IT FURTHER RESOLVED, that Peggy Mousaw shall receive as Director of Budget and Finance an annual salary of ninety-five thousand one hundred and seventy-two dollars ($95,172) in accordance with the Management Compensation Plan Grade 1 Step 6, AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute on behalf of the County Legislature an employment agreement with Peggy Mousaw, AND BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the County Personnel Director, County Treasurer, County Clerk, and Peggy Mousaw, by the Clerk of the Legislature. Executive Session Mr. Bushnell made a motion to go into Executive Session to discuss contract negotiations. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Once in Executive Session, Mr. Whitney made a motion to suspend the Rules of Order to consider a resolution not on the agenda. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. AGENDA ITEM NO. 21 – Authorize Investigation Agreement - Cortland County Legislature RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- ON MOTION OF TROY RESOLUTION NO. 132-15 Authorize Investigation Agreement - Cortland County Legislature WHEREAS, the County is in need of outside counsel to investigate a complaint for which all appropriate personnel have a conflict of interest, NOW THEREFORE BE IT RESOLVED, that the County Attorney is hereby authorized to execute an agreement with outside counsel to perform an investigation and provide findings to the County Legislature, AND BE IT FURTHER RESOLVED, that said contract shall not exceed $10,000.00 and shall be paid out of Account No. A1430 54055. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, May 28, 2015 6:00 PM Board Room Public Hearings Local Law a of 2015 - a Local Law Allowing for Sale of Sparkling Devices Mr. Boylan opened the public hearing and read the legal notice. There was nobody present who wished to address Local Law A of 2015, so Mr. Boylan closed the public hearing. Local Law of 2015 - a Local Law Prohibiting Consumption of Drugs and Alcohol by Minors Mr. Boylan opened the public hearing. Ms. JoAnn Wickman spoke in favor of the Local Law, stating that the Cortland Area Communities That Care, as well as a variety of other community organizations, have worked hard to implement Social Host laws in the City of Cortland and the Village of Homer. She said underage drinking costs the community through law enforcement, legal costs and incarceration. RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Susan Briggs EXCUSED: Sandra Price ---PAGE BREAK--- Homer Police Chief Mark Helms spoke in favor of the Local Law, saying the law will give officers another tool that will not charge offenders with a misdemeanor that will haunt them for years. County Undersheriff Herb Barnhardt spoke in favor of the law. He said the County Attorney did a great job looking at all legal aspects of the law. He said parents who have alcohol on the premises will not be charged with an offense. Rather, it must be proven that an adult knowingly and intentionally provided alcohol to a minor. City Police Chief Michael Catalano spoke in favor of the local law. He said the City of Cortland has adopted a similar law and it has primarily come into effect during large, college parties. He said the number of college parties has been reduced since the adoption of the law. Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink Approval of Minutes Cortland County Legislature - Legislative Session - Apr 23, 2015 6:00 PM Privilege of the floor Ms. Mary Beilby, representing the League of Women Voters spoke in opposition to Agenda Item No. 33, Amending the Management Compensation Plan. She said the clause restricting County employees from speaking with the media, and only allowing that responsibility to Department Heads, is against the intent of the Freedom of Information Act, and that transparency is at the heart of good government. She asked that more County information be made available online. Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Lime Hollow Education Center Mr. Forrest Earl told the Legislature about Lime Hollow Nature Center's new Education Center. Of the 62 Counties in NYS only a few do not have a NYS Park. Cortland is one of those, but Lime Hollow fills that niche. There will be a grand opening of the new Education Center on Friday June 5 at 3 p.m. and all Legislators are invited. Receive and File Republican Election Commissioner Appointment RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Appoint Member - Cornell Cooperative Extension Board of Directors ON MOTION OF BOYDEN RESOLUTION NO. 133-15 Appoint Member - Cornell Cooperative Extension Board of Directors WHEREAS, Resolution 19-14 appointed Donnell Boyden to the Cornell Cooperative Extension Board of Directors, AND WHEREAS, due to his appointment as Chair of the Legislature, Mr. Boyden has resigned his seat on the CCE Board, thus creating a vacancy, NOW THEREFORE BE IT RESOLVED, that Legislator James Denkenberger be and hereby is appointed to the Cooperative Extension Board of Directors to complete Mr. Boyden's term, ending December 31, 2015. AGENDA ITEM NO. 2 – Appoint Liaison - Tompkins Cortland Community College ON MOTION OF BOYDEN RESOLUTION NO. 134-15 Appoint Liaison - Tompkins Cortland Community College WHEREAS, Resolution 15-14 appointed Kevin Whitney as Legislative Liaison to the Tompkins- Cortland Community College Board of Directors, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- WHEREAS, Kevin Whitney has resigned from this position, NOW THEREFORE BE IT RESOLVED, that John Troy, 29 Summit Street, Cortland, NY is hereby appointed to fill the vacant Legislative Liaison to the Tompkins Cortland Community College Board of Directors for a term to expire December 31, 2015. AGENDA ITEM NO. 3 – Appoint Republican Election Commissioner Ms. Briggs abstained from voting, stating legal reasons as a conflict. ON MOTION OF BOYDEN RESOLUTION NO. 135-15 Appoint Republican Election Commissioner WHEREAS, The term of Robert Howe, duly appointed Cortland County Republican Election Commissioner expires December 31, 2015, AND WHEREAS, The Cortland County Republican Committee has submitted a certification endorsing the re-appointment of Robert Howe as the Cortland County Republican Election Commissioner, NOW THEREFORE BE IT RESOLVED, that Robert Howe, 2188 E. River Road, is hereby appointed as the Cortland County Republican Election Commissioner for a term set to run Jan. 1, 2016 through Dec. 31, 2017. Referred from Building & Grounds Committee AGENDA ITEM NO. 4 – Accept Proposal/Authorize Agreement Participate in Smart Watt Program Buildings and Grounds Department ON MOTION OF WHEELOCK RESOLUTION NO. 136-15 Accept Proposal/Authorize Agreement Participate in Smart Watt Program Buildings and Grounds RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [16 TO 0] MOVER: Donnell Boyden, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSTAIN: Susan Briggs ---PAGE BREAK--- Department WHEREAS, the Buildings and Grounds Committee has received a proposal from Smart Watt regarding an exterior lighting retrofit project for the 112 River St. DMV/Elections, AND WHEREAS, the Buildings & Grounds Committee has reviewed that proposal and recommends participating in the Smart Watt program for an exterior lighting retrofit project for 112 River St, - DMV/Elections, AND WHEREAS, the cost of said project is $6,279.70 which will result in an annual savings of $693.61, with the County’s portion of the cost to be $4,845.08, AND WHEREAS, choosing the payment option for a one-time payment will result in a 15% reduction ($628.77) in the County’s cost, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter an agreement with Smart Watt to participate in an exterior lighting retrofit project funded from A16205.54076 B&G Expense. Referred from Highway Committee AGENDA ITEM NO. 5 – Transfer Position Highway Department to Building and Grounds Department Park Attendant (Part-Time) ON MOTION OF STEINHOFF RESOLUTION NO. 137-15 Transfer Position Highway Department to Building and Grounds Department Park Attendant (Part-Time) WHEREAS, the Cortland County Legislature adopted Resolution No. 216-14 that created a Park Attendant (Part-time) (24 hours week) in the Highway Department that was to assist Buildings and Grounds with mowing, AND WHEREAS, the county will be better served by transferring the part-time Park Attendant position to the Buildings and Grounds Department, NOW THEREFORE BE IT RESOLVED, that one position of Park Attendant (temporary, up to 24 hours per week, $10.2573/hour, non-competitive class, for a period not to exceed ninety (90) working days from the date the position is filled ) be transferred to the Buildings and Grounds Department effective May 29, 2015 at 12:01 a.m. AGENDA ITEM NO. 6 – Create Temporary Park Attendant Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- ON MOTION OF STEINHOFF RESOLUTION NO. 138-15 Create Temporary Park Attendant - Highway Department WHEREAS, the needs of the County will be better served by creating one temporary (40 hours/week up to 90 work days) position of Park Attendant, AND WHEREAS, the Highway Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one temporary (40 hours/week, up to 90 work days) position of Park Attendant in the Highway Department (CSEA, $10.2573/HR, non-competitive class) be created effective May 29, 2015 at 12:01 a.m. AGENDA ITEM NO. 7 – Award Construction Project Truxton Tully Road Highway Rehabilitation Project (P.I.N. 3755.45) Highway Department ON MOTION OF STEINHOFF RESOLUTION NO. 139-15 Award Construction Project Truxton Tully Road Highway Rehabilitation Project (P.I.N. 3755.45) Highway Department WHEREAS, the Truxton Tully Road Rehabilitation Project (PIN 3755.45) has been approved by the New York Department of Transportation and the project is to be funded with 80% Federal funds, AND WHEREAS, the said project is also eligible for reimbursement of 15% of the project costs through NYSDOT AID (Marcheselli aid), AND WHEREAS, the Truxton Tully Road Highway Rehabilitation Project (PIN 3755.45) was approved by Resolution # 69-11, for a total estimated cost of $3,355,000.00, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- WHEREAS, an amount of $2,299,512.00 for the construction and construction administration/inspection of said project has been approved by the NYSDOT, AND WHEREAS, the Highway Superintendent has advertised for and received bids for the Construction of the Truxton Tully Road Highway Rehabilitation Project (P.I.N. 3755.45), and they are as follows: BIDDERS BID Suit-Kote Corporation $2,112,927.43 1911 Lorings Crossing Rd. Cortland, NY 13045 , AND WHEREAS, the lowest responsible bid received for the Construction of the Truxton Tully Road Highway Rehabilitation Project (P.I.N. 3755.45) was received from Suit-Kote Corporation, 1911 Lorings Crossing Rd., Cortland, NY 13045, NOW THEREFORE BE IT RESOLVED, that contingent upon NYSDOT’s approval of award, the Chairman of the Legislature of Cortland County, upon review and approval by the County Attorney, is hereby authorized to execute an agreement for the Construction of said project with Suit-Kote Corporation, for an amount not to exceed $2,112,927.43, AND BE IT FURTHER RESOLVED, that the project costs be charged to the already established Account # H51125.54077.5126. AGENDA ITEM NO. 8 – Amend Budget Professional Services for Bridge and Culvert Design Highway Department ON MOTION OF STEINHOFF RESOLUTION NO. 140-15 Amend Budget Professional Services for Bridge and Culvert Design Highway Department WHEREAS, Resolution 325-14 approved the contract agreement with Barton and Loguidice, D.P.C., 290 Elwood Davis Rd., Box 3107, Liverpool, NY 13220 (B&L) for Professional Engineering Services to the Cortland County Highway Department and Solid Waste Division for a two year term beginning January 1, 2015 and ending December 31, 2016, AND WHEREAS, said Resolution approved that the various tasks under said agreement shall be as assigned by the County Highway Superintendent and paid from various Highway Department and Solid Waste Division accounts, or other accounts as approved by the Cortland County Legislature, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- WHEREAS, the County Highway Superintendent has approved three task orders with Barton & Loguidice, D.P.C. for the 2015 construction projects, AND WHEREAS, the funds for said task orders were appropriated in the 2015 County Road Fund Budget under Construction Materials and Supplies, NOW THEREFORE BE IT RESOLVED, that accounts for professional services be established and the 2015 County Road Fund Budget be amended as follows: Increase: D51125.54055.7041 $5,000.00 East Keeney Cross Rd. Bridge Prof. Services D51125.54055.7046 $26,000.00 Cheningo Rd. Culvert Prof. Services D51125.54055.7050 $35,000.00 West Scott Rd. Culvert Prof. Services Decrease: D51125.54077.7041 $5,000.00 East Keeney Cross Rd. Bridge Materials D51125.54077.7046 $26,000.00 Cheningo Rd. Culvert Materials D51125.54077.7050 $35,000.00 West Scott Rd. Culvert Materials AGENDA ITEM NO. 9 – Amend Budget Engineering Services McLean Road Highway Department ON MOTION OF STEINHOFF RESOLUTION NO. 141-15 Amend Budget Engineering Services McLean Road Highway Department WHEREAS, due to flooding, road closures and damage that have occurred on McLean Rd., County Road 120 in the Town of Cortlandville, Resolution No. 148-14 authorized an engineering study to be performed, including site hydrology, hydraulic capacity of the existing large culvert (CIN 120- 0204-141.50), and the hydraulic capacity of the area upstream and of said culvert, AND WHEREAS, the Highway Department requested that this study be performed using the existing Highway Department Engineering Services Agreement with Barton & Loguidice, AND WHEREAS, the fees for said study were to be paid from the 2014 County Road Fund Budget Professional Service account #D50205.54055, for an amount not to exceed $10,000.00, AND WHEREAS, an Invoice from Barton & Loguidice from November 14, 2014 was not received for processing at the Highway Department until April 14, 2015, AND WHEREAS, the balance of Account #D50205.54055 on December 31, 2014 of $5,318.50 is needed in the 2015 Budget to process said invoice, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- RESOLVED, that the 2015 County Road Fund Budget be amended as follows: Increase: Expense: D50205.54055 $5,318.50 Engineering Services Decrease: Fund Balance: D359900 $5,318.50 Appropriated Fund Balance AGENDA ITEM NO. 10 – Rental Contract Highway Department and Cortland County Agricultural Corporation ON MOTION OF STEINHOFF RESOLUTION NO. 142-15 Rental Contract Highway Department and Cortland County Agricultural Corporation WHEREAS, there is a need to store County Highway Construction Equipment for the winter season, AND WHEREAS, the Cortland County Fairgrounds currently has buildings with adequate space available, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature upon approval by the County Attorney, is hereby authorized and directed to execute a rental contract for the 2015-2016 winter season with the Cortland County Agricultural Corporation for a fee of $2,650.00, to be charged to account E51305.54015 - Building Maintenance/Contracts. AGENDA ITEM NO. 11 – Authorize Agreement Dwyer Park 2015 Celtic Festival Highway Department ON MOTION OF STEINHOFF RESOLUTION NO. 143-15 RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- Authorize Agreement Dwyer Park 2015 Celtic Festival Highway Department WHEREAS, the Cortland Celtic Cultural Association has requested the Dwyer Park at Little York Lake on August 22, 2015 & August 23, 2015 to be the location of the 2015 Cortland County Celtic Festival, AND WHEREAS, the Highway Committee approved the use of the Dwyer Park at Little York Lake to be the location of the 2015 Cortland County Celtic Festival, AND WHEREAS, the Highway Committee has directed the Superintendent of the Highway Department and the County Attorney to prepare an agreement for the said Festival, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with the Cortland Celtic Cultural Association dba Cortland Celtic Festival, PO Box 5725, Cortland, New York 13045. AGENDA ITEM NO. 12 – Authorize Issuance of a Theatrical Production and Custodial License Cortland Repertory Theatre Highway Department/Dwyer Park ON MOTION OF STEINHOFF RESOLUTION NO. 144-15 Authorize Issuance of a Theatrical Production and Custodial License Cortland Repertory Theatre Highway Department/Dwyer Park WHEREAS, NYS Law requires the issuance of a license to stage theatrical productions in the main Pavilion at Dwyer Memorial Park, AND WHEREAS, The Cortland Repertory Theatre has all necessary equipment, insurance and bonding in order to meet the requirements to operate theatrical productions and manage the pavilion, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter into a License Agreement with Cortland Repertory Theatre, P.O. Box 783, Cortland, New York 13045 for the term specified as May 1, 2015 to October 15, 2015 for the privilege of staging theatrical productions and maintaining the pavilion at Dwyer Memorial Park, and be it further RESOLVED, that the Cortland Repertory Theatre pay the sum of $500.00 for said License. AGENDA ITEM NO. 13 – Approval to Apply for New York Transportation Aviation Grant Program Funding Cortland County Airport Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- ON MOTION OF STEINHOFF RESOLUTION NO. 145-15 Approval to Apply for New York Transportation Aviation Grant Program Funding Cortland County Airport Highway Department WHEREAS, there currently exists needs for improvement to Airport equipment and facilities at the Cortland County Airport, Gen. Levi R. Chase Field, AND WHEREAS, the Highway Committee has recommended the following projects to address said needs: · Above-Ground Fuel Storage (10,000 gallons) and Fuel Metering Systems for Retail Sale of Jet A Fuel and a Ramp Security Camera and Recording System, AND WHEREAS, the Highway Committee recommended that the County of Cortland request grant funding under the New York Transportation Aviation Grant Program, State Fiscal Year 2015-2016 Budget, for said projects, AND WHEREAS, the New York State Department of Transportation requests that applications for said funding be accompanied by a resolution from the governing body of the County showing support of said applications, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby endorses the above listed projects at the Cortland County Airport for the purpose of making the projects eligible for State funding, AND BE IT FURTHER RESOLVED, that the County is hereby authorized to apply for said grant funding under the Rebuild and Renew New York Transportation Bond Act aviation program for the list of projects attached, AND BE IT FURTHER RESOLVED, that a Certified Copy of this Resolution be filed with the NYS Commissioner of Transportation. Referred from Solid Waste Committee AGENDA ITEM NO. 14 – Authorize Agreement - Environmental Products and Services Household Hazardous Waste Collection RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- ON MOTION OF HARTNETT RESOLUTION NO. 146-15 Authorize Agreement - Environmental Products and Services Household Hazardous Waste Collection WHEREAS, Cortland County holds one annual Household Hazardous Waste collection event for residents to dispose of such material, AND WHEREAS, it is the wish of the Solid Waste Committee and the Cortland County Legislature to give an additional outlet to dispose of this material, to improve the safety of residents and the quality of the waste stream, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into an agreement with Environmental Products and Services of Vermont., Inc., 532 State Fair Boulevard, Syracuse, NY, for the collection of Household Hazardous Waste Material at the Syracuse facility, for a term to expire December 31, 2015, AND BE IT FURTHER RESOLVED, that expenses for said services shall be paid from Account EL816 54625, and that expenses shall not exceed $2,000. Referred from Health & Human Services Committee AGENDA ITEM NO. 15 – Amend Budget / Contract Mental Health Department Increase in State Aid Funding for Catholic Charities, Cortland County Mental Health Clinic, Cortland Regional Medical Center and JM Murray Center Mr. Whitney asked about the mandatory 2% salary increase, as the County has traditionally only provided 1 to 1.5 percent increases. Ms. Discenza reported this increase is driven by the State. ON MOTION OF PRICE RESOLUTION NO. 147-15 RESULT: ADOPTED [16 TO 1] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink NAYS: James Denkenberger RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- Amend Budget / Contract Mental Health Department Increase in State Aid Funding for Catholic Charities, Cortland County Mental Health Clinic, Cortland Regional Medical Center and JM Murray Center WHEREAS, the Office of Mental Health has increased the amount of funding for the Catholic Charities, Cortland County Mental Health Clinic, Cortland Regional Medical Center, and JM Murray Center for the provision of a two percent increase in annual salary and salary- related benefit costs for certain direct care staff in the amount of $15,824.00, AND WHEREAS Cortland County Mental Health Clinic and Catholic Charities entered into contract #399-14 for the period December 31, 2014 through December 31, 2015 for $883,860.00, AND WHEREAS Cortland County Mental Health Clinic and the Cortland Regional Medical Center entered into contract #372-14 for the period December 31, 2014 through December 31, 2015 for $107,200.00, AND WHEREAS Cortland County Mental Health Clinic and the JM Murray Center entered into contract #038-15 for the period December 31, 2014 through December 31, 2015 for $193,256.00, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase: Revenue: A431043-43490-4213 NYS OMH Funding $ 3,420.00 A431043-43490-4204 NYS OMH Funding $ 3,316.00 A431043-43490-4222 NYS OMH Funding $ 5,312.00 A431043-43490-4216 NYS OMH Funding $ 3,776.00 Increase: Expenses: A43105-54870-4213 Catholic Charities $ 3,420.00 A43145-51010-4204 Mental Health Clinic $ 3,316.00 A43105-54870-4222 Cortland Regional Medical Center $ 5,312.00 A43105-54870-4225 JM Murray Center $ 3,776.00 , AND BE IT FURTHER RESOLVED, that contracts with Catholic Charities, Cortland Regional Medical Center and the JM Murray Center be amended to include the increase in State Aid Funding. AGENDA ITEM NO. 16 – Amend Budget / Contract Mental Health Department Increase in State Aid Funding for Catholic Charities, Cortland Enlarged School District, and Family Counseling Services ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 148-15 Amend Budget / Contract Mental Health Department Increase in State Aid Funding for Catholic Charities, Cortland Enlarged School District, and Family Counseling Services WHEREAS, the Office of Alcoholism and Substance Abuse Services has increased the amount of funding for Catholic Charities, Cortland Enlarged School District, and Family Counseling Services due to changes to the provision of a two percent increase in annual salary and salary related benefit costs in the amount of $4,872.00, AND WHEREAS, the Office of Alcoholism and Substance Abuse Services has increased State Aid for Catholic Charities to address anticipated losses due to changes in the Federal Supplemental Nutrition Assistance Program (SNAP) in the amount of $15,333.00, AND WHEREAS Cortland County Mental Health Clinic and Catholic Charities entered into contract #399-14 for the period December 31, 2014 through December 31, 2015 for $883,860.00, AND WHEREAS Cortland County Mental Health Clinic and Cortland Enlarged School District entered into contract #339-14 for the period December 31, 2014 through December 31, 2015 for $89,183, AND WHEREAS Cortland County Mental Health Clinic and Family Counseling Services entered into contract #400-14 for the period December 31, 2014 through December 31, 2015 for $782,545, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase: Increase: Expenses: A43105-54870-4224 Catholic Charities $15,637.00 A43105-54870-4211 Cortland Enlarged Schools $ 868.00 A43105-54870-4208 Family Counseling Services $ 3,700.00 , AND BE IT FURTHER RESOLVED, that contract Catholic Charities, Cortland Enlarged School District, and Family RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink Revenue: A431043-43492-4224 NYS OASAS Funding $15,637.00 A431043-43492-4211 NYS OASAS Funding $ 868.00 A431043-43492-4208 NYS OASAS Funding $ 3,700.00 ---PAGE BREAK--- Counseling Services be amended to include the increase in State Aid Funding. AGENDA ITEM NO. 17 – Award Contract/Authorize Agreement Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) ON MOTION OF PRICE RESOLUTION NO. 149-15 Award Contract/Authorize Agreement Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) WHEREAS, the County of Cortland is responsible for providing transportation for children with disabilities (ages birth through 5 years) for therapy and program participation, AND WHEREAS, the County issued a Request for Proposal (RFP) on April 15, 2015, for Transportation of Children with Disabilities for the school 2015-2017 contract years, AND WHEREAS, all proposals were solicited in accordance with County’s Policy, AND WHEREAS, one proposal was received and the contractor meets all of the County’s requirements; NOW THEREFORE BE IT RESOLVED, that the contract for Transportation of Children with Disabilities ( Acct.# A29605.54049) for the 2015-2017 contract years be awarded to First Transit Inc., 600 Vine Street, Suite 1400, Cincinnati, OH, 45202, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee, are hereby authorized to enter into an agreement with First Transit Inc., 600 Vine Street, Suite 1400, Cincinnati, OH, 45202 for the two-year period July 1, 2015 through June 30, 2017, with an optional one year extension, upon review and approval by the County Attorney. AGENDA ITEM NO. 18 – Amend DSS Budget for Behavioral Health Grant RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 150-15 Amend DSS Budget for Behavioral Health Grant WHEREAS, the NYS Office of Children and Family Services has allocated federal Child Abuse Prevention and Treatment Act (CAPTA) funds to Cortland County for an approved Child Protective Services and behavioral health partnership, AND WHEREAS, Family Counseling Services, Inc. (FCS) is an authorized provider of behavioral health services and has been the approved provider of services for this partnership, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of June 1, 2015 through April 30, 2017 with FCS in an amount not to exceed $80,374.00, AND BE IT FURTHER RESOLVED, that the 2015 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4695 Admin- Behavioral Health $26,000.00 Revenue: A601044.44689.4695 Fed-Administration $26,000.00 AGENDA ITEM NO. 19 – Health Department Abolish Full-Time Medical Services Clerk/Health Department ON MOTION OF PRICE RESOLUTION NO. 151-15 Health Department Abolish Full-Time Medical Services Clerk/Health Department WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Medical Services Clerk, AND WHEREAS, the Health and Human Services Committee recommends the abolition of this position, NOW THEREFORE BE IT RESOLVED, that one full-time position of Medical Services Clerk (CSEA grade 8, $14.8071-18.3754/HR., competitive class) be and hereby is abolished effective at the end of the day on May 29, 2015. AGENDA ITEM NO. 20 – Authorize Agreement Health Department (Nursing Division) MOMS RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- Program Provider Physicians ON MOTION OF PRICE RESOLUTION NO. 152-15 Authorize Agreement Health Department (Nursing Division) MOMS Program Provider Physicians WHEREAS, in accordance with Title 10, Section 85.40 Prenatal Care Assistance Program, in order to participate in the NYS Medicaid Program’s targeted obstetrical program known as MOMS (Medicaid Obstetrical and Maternal Services) and to access the enhanced MOMS billing rate, participating physicians, certified nurse-midwives, and nurse- practitioners must have an approved provider agreement with a New York State approved provider of MOMS Health Supportive Services, AND WHEREAS, the Cortland County Health Department is a New York State approved provider of MOMS Health Supportive Services, AND WHEREAS, this agreement is for referral services only and there is no cost to the County for this agreement, AND WHEREAS, the providers of these services are OB-GYN Associates, Dr. Rosemarie Hurley, and Cortland Regional Medical Practice, AND WHEREAS, the term of these agreements is April 1, 2015 through December 31, 2017, AND WHEREAS, these agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2018, if successor agreements are not executed by January 1, 2018, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to execute agreements for the provision of said services with OB-GYN Associates, Dr. Rosemarie Hurly, Cortland Regional Medical Practice, and other MOMS providers as needed. AGENDA ITEM NO. 21 – Authorize Agreement/Accept Funds Health Department/Administration (Healthy Neighborhoods Program Grant) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 153-15 Authorize Agreement/Accept Funds Health Department/Administration (Healthy Neighborhoods Program Grant) WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $127,791 for the period 4/1/15 – 3/31/16 for funding for the Healthy Neighborhoods Program Grant, AND WHEREAS, these funds will be used for implementation of specific activities related to reducing the burden of housing related illness and injury, AND WHEREAS, $127,791 is already reflected in the following 2015 County Budget Expenditure Accounts, A40105.51005-51020 $71,493 (Personnel), A40105.58020-58065 $38,681 (Fringe), A40105.52060-54078.4016 $17,617 (Contractual). And 2015 County Budget Revenue Account, A401043.43450.4016 $127,791 (Healthy Neighborhoods Grant), NOW THEREFORE BE IT, RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 22 – Accept Funds Health Department/ATUPA (Tobacco Enforcement Program) Cost of Living Adjustment (COLA) ON MOTION OF PRICE RESOLUTION NO. 154-15 Accept Funds Health Department/ATUPA (Tobacco Enforcement Program) Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $2,350 in the form of a Cost of Living Adjustment to the Tobacco Enforcement Program funded by the NYS Dept. Health for the period 4/1/14 through 3/31/15, AND WHEREAS, these funds will be used to promote the recruitment and retention of staff or RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- respond to other critical non-personal service costs for the Tobacco Enforcement Program, AND WHEREAS, the 2015 County Budget needs to be amended as follows: Increase: Revenue: A401243.43450.4023 ATUPA Grant $2,350 Increase: Expenditure: A40125.54035.4023 Education and Training $2,350 NOW THEREFORE BE IT, RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 23 – Declare Surplus Property – 17 Stewart Place, Cortland Department of Social Services ON MOTION OF PRICE RESOLUTION NO. 155-15 Declare Surplus Property – 17 Stewart Place, Cortland Department of Social Services WHEREAS, Cortland County owns vacant property at 17 Stewart Place, Cortland, #86.74-03-33.000 as a result of an executed Medicaid lien, AND WHEREAS, the Cortland County Health and Human Services Committee recommends the Legislature declare the property surplus and dispose of it at public auction or sealed bid, AND WHEREAS, County Law Section 215 provides that upon the determination that the county real property is not necessary for public use, a resolution may be adopted by the affirmative two-thirds vote of the total Legislature, authorizing the sale of the property, AND WHEREAS, Social Services Law Section 106 provides for the sale of such property at a public sale, AND WHEREAS, the Health and Human Services Committee recommends setting a minimum price of $4,600.00 for the sale of said property, NOW, THEREFORE BE RESOLVED, that the Cortland County Legislature hereby deems the property at 17 Stewart Place, Cortland (#86.74-03-33.000) is of no public use and that the property be sold at public auction. Referred from Agriculture/Planning/Environment Committee RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- AGENDA ITEM NO. 24 – Authorize Agreement with Leonard Bus Sales, Inc. NYS DOT Federal Section 5311 Consolidated Operating and Capital Grant for 2013-2014 Fiscal Years Contract No. C003761 Supplement #2 Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 156-15 Authorize Agreement with Leonard Bus Sales, Inc. NYS DOT Federal Section 5311 Consolidated Operating and Capital Grant for 2013-2014 Fiscal Years Contract No. C003761 Supplement #2 Cortland County Planning Department WHEREAS, Resolution 359-12 authorized Cortland County to sign a grant application, accept agreement and amend the budget for consolidated grant funds under Contract C003761 from the New York State Department of Transportation, pursuant to Federal Section 5311, Title 49 United States Code, for projects to provide public mass transportation service for fixed route and demand responsive service throughout the County, with limited service to contiguous counties by First Transit, Inc., Cortland County’s public transportation provider and the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider, for the 2013 and 2014 fiscal years AND WHEREAS, the NY State Department of Transportation resolution 280-14 indicated Cortland County’s acceptance of the Mass Transportation Capital Agreement under Contract C003761 for Supplemental Grant Agreement to include specific PIN Numbers 3793/17.302, 3793/18.302, 3794.19.302 and 3794.20.302 for the purchase of buses and related equipment, purchase shop equipment and purchase miscellaneous equipment for a total grant award of $475,000, AND WHEREAS, Pin 3793.17.302 is for the purchase of a bus and related equipment, AND WHEREAS, Leonard Bus Sales, Inc., 4 Leonard Way, Deposit, NY 13754 is the authorized vendor under the NY State Office of Government Services AND WHEREAS, Cortland County is requesting to enter into an agreement with Leonard Bus Sales, Inc. for the purchase of 28 passenger bus with 6 six wheelchair stations and related equipment in an amount not to exceed $200,000, AND WHEREAS, there is no cost to the County of Cortland, as the local share required is provided by First Transit, Inc., as stipulated in their agreement with Cortland County, NOW THEREFORE FOR BE IT RESOLVED, that the Chair of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign the agreement with Leonard Bus Sales, Inc., for the RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- purchase of a bus and related equipment, in the amount not to exceed of $200,000. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 25 – LOCAL LAW OF 2015 A Local Law Allowing for Common, Safe Items to be Excluded from the “Fireworks” and “Dangerous Fireworks” Definitions as Permitted by New York State Penal Law Section 405.00(5)(B) Mr. Troy asked Mr. Whitney to address safety concerns related to this law. Mr. Whitney said the Fire Chief's Association and the Fire Advisory Board have reviewed this law. The largest concern is storage of these materials, and neither agency was in opposition to the adoption of the law. Ms. Jones and Ms. Discenza voted in opposition. ON MOTION OF BUSHNELL RESOLUTION NO. 157-15 LOCAL LAW OF 2015 A Local Law Allowing for Common, Safe Items to be Excluded from the “Fireworks” and “Dangerous Fireworks” Definitions as Permitted by New York State Penal Law Section 405.00(5)(B) Be it enacted by the County Legislature of the County of Cortland as follows: Section 1 Legislative Intent The Cortland County Legislature hereby finds that the intent of this Local Law is to exercise the authority granted to Cortland County pursuant to New York State Penal Law Section 405.00 subdivision 5 to authorize the exemption of “sparkling device” from the definition of “fireworks” and “dangerous fireworks” contained in New York State Penal Law Section 207.00. Certain fireworks should not be labeled dangerous when they pose little or no danger to the public and labeling them as dangerous only serves to restrict business and personal enjoyment. The sale and/or use of “sparkling devices” as herein defined shall be lawful and permitted within Cortland County. Section 2. Definitions A. “Sparkling Devices” as used in this section, includes: Sparkling Devices which are ground-based or hand-held devices that produce a shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report (an audible crackling-type effect is not considered to be a report). Ground-based or hand-held devices that produce a cloud of RESULT: ADOPTED [15 TO 2] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Mary Ann Discenza, Linda Jones ---PAGE BREAK--- smoke as their sole pyrotechnic effect are also included in this category. Types of devices in this category include: Cylindrical fountain: cylindrical tube not more than 75 grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square, rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed 200 grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of at least ½ inch (12.7 millimeters), a maximum total weight of 500 grams of pyrotechnic composition shall be allowed. Cone fountain: cardboard or heavy paper cone containing not more than 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed 200 grams, as is outlined in this subparagraph. Wooden sparkler/dipped stick: these devices consist of a wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. Sparklers may contain up to 100 grams of pyrotechnic composition per item. Novelties which do not require approval from the United States Department of Transportation and are not regulated as explosives, provided that they are manufactured and packaged as described below: Party popper: small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than 16 milligrams (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of 72 devices. Snapper: small, paper-wrapped devices containing not more than 1 milligram of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed 50 devices each, and the inner packages must contain sawdust or similar, impact-absorbing material. Section 3. Permitted Sale and/or Use of Sparkling Devices The sale and/or use of sparkling devices as defined herein is permitted with the following restrictions: ---PAGE BREAK--- Pursuant to New York State General Business Law Section 392-j, and any amendments thereto, sales will only be permitted on or between the following dates: On or between June 1st and July 5th; or on or between December 26th and January 2nd each year. All distributors, manufacturers, wholesalers, and retailers of sparkling devices must be licensed through the New York State Office of Fire Prevention and Control or other agency so designated by New York State, and shall comply with Executive Law Section 156-h and any amendments thereto, as well as all other applicable New York State Laws and regulations regarding license and registration requirements. Only those persons eighteen (18) years of age or older may purchase said products. Section 4. Non-compliance The failure to comply with the provisions of this Local Law shall be deemed an offense as set forth in New York State Penal Law section 270.00 subdivision 2. Section 5. Severability If any provision of this local law or the application thereof to any person or circumstance is held to be invalid, the remainder of this local law and the application of such provision to other persons or circumstances shall not be affected thereby. Section 6. Effective Date This Local Law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. AGENDA ITEM NO. 26 – Adopt Cortland County Local Law No. 2 of 2015 A Local Law Prohibiting the Consumption of Illicit Drugs and Alcoholic Beverages and Products by Minors While Located on Private Property Mr. Wagner said he did not have enough time to review the law. Mr. Boylan said the law was distributed at the JPS meeting and that the law was on Legislator's desks for the required seven days. Mr. Denkenberger said this is lowering the potential criminal charges from a misdemeanor to a violation, however there is potential for abuse, such as a parent allowing a high school senior a sip of champagne or glass of wine which should not result in charges filed locally. He said a NYS law would be more appropriate. ---PAGE BREAK--- ON MOTION OF BUSHNELL RESOLUTION NO. 158-15 Adopt Cortland County Local Law No. 2 of 2015 A Local Law Prohibiting the Consumption of Illicit Drugs and Alcoholic Beverages and Products by Minors While Located on Private Property WHEREAS, the County of Cortland desires to protect the public interest, welfare, health and safety of all persons within the confines of the County of Cortland by prohibiting the service to and consumption of alcoholic beverages and products and illicit drugs by persons under the age of 21 years, AND WHEREAS, the Cortland County Legislature finds it appropriate to prohibit and make unlawful the occurrence of social gatherings on private property where alcoholic beverages and products and/or illicit drugs are served, given to or otherwise used by underage persons, AND WHEREAS the enactment of such prohibition necessitates the adoption of a local law, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the attached local law, which was properly advertised and has sat on Legislator's desks for a minimum of seven day, AND BE IT FURTHER RESOLVED, that the law shall be effective immediately upon the required filing with the NYS Secretary of State. AGENDA ITEM NO. 27 – Authorize Data Sharing Agreement ON MOTION OF BUSHNELL RESOLUTION NO. 159-15 Authorize Data Sharing Agreement WHEREAS, Cortland County has implemented a new computer aided dispatch and records management system, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [13 TO 4] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Sudbrink NAYS: Luke Snyder, Susan Briggs, George Wagner, James Denkenberger ---PAGE BREAK--- WHEREAS, Jefferson, Lewis, Seneca, St. Lawrence, and Tompkins Counties currently use the same computer aided dispatch and records management system, AND WHEREAS, Tompkins County host the computer server that brokers the data sharing and information exchange, AND WHEREAS, it is desirous to connect Cortland County to the other partner counties for the purpose of data sharing and information exchange, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for data sharing and information exchange agreement with Tompkins County the time period of two years from contract signing. AGENDA ITEM NO. 28 – Authorize Amended Agreement Health Department/Emergency Preparedness (Ebola Preparedness and Response Activities) ON MOTION OF PRICE RESOLUTION NO. 160- 15 Authorize Amended Agreement Health Department/Emergency Preparedness (Ebola Preparedness and Response Activities) WHEREAS, Resolution #93-15 gave the Cortland County Health Department permission to enter into an agreement with the NYS Department of Health in the amount of $38,000 for Ebola preparedness and response activities for the period 04/01/15 - 09/30/16, AND WHEREAS, this contract has been decreased to $19,000, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be amended as follows: Decrease Revenue: A401044.44401.4010 PHEP Grant $19,000 Decrease: Expenses: A40105.52060.4010 Computer Equipment $ 500 A40105.54004.4010 Computer Software $ 500 A40105.54005.4010 Office Supplies $4,000 A40105.54012.4010 PPE Supplies $7,500 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- A40105.54035.4010 Education & Training $2,000 A40105.54045.4010 Travel $1,500 A40105.54055.4010 Professional Services $3,000 AGENDA ITEM NO. 29 – Authorize Agreement Cortland County Probation Department AutoMon, LLC Agreement ON MOTION OF BUSHNELL RESOLUTION NO. 161-15 Authorize Agreement Cortland County Probation Department AutoMon, LLC Agreement WHEREAS, the Cortland County Probation Department installed Caseload Explorer, probation case management software, in 2011 to automate the department and increase productivity within the department, AND WHEREAS, Caseload Explorer software is licensed by AutoMon, LLC, located at 1455 North Scottsdale Road Suite 300, Scottsdale, Arizona 85254, AND WHEREAS, Caseload Explorer is a software program specifically designed for the automation of New York State Probation Departments, AND WHEREAS, AutoMon, LLC has agreed to providing professional services for a twelve month period at a base rate of $3,757 plus $184.33 for each of the 24 actual registered users, totaling $8,180.92 annually, AND WHEREAS, Cortland County Probation Department has contracted with AutoMon, LLC, since 2011, as authorized by Resolution 405-10 and Contract No. 68-11, said contract included installation and maintenance of the Caseload Explorer software, and said contract expired December 31, 2014, AND WHEREAS, AutoMon, LLC’s contract period runs July 1 through June 30, annually, AND WHEREAS, AutoMon, LLC, has made a proposal to Cortland County to provide “Technical Support Services,” which shall mean the providing of AutoMon’s technical expertise to assist Cortland County Probation in the on-going use of licensed software. Support services shall be provided based on the terms and conditions set forth within NY State contract No. PT62796, AND WHEREAS, funds were approved in the 2015 Fiscal Year County Budget in account A31405.54004, Computer Software, in the amount of $8,180.92, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: George Wagner, Legislative District 15 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, be and hereby is authorized to execute a four year agreement with AutoMon, LLC, 1455 North Scottsdale Road Suite 300, Scottsdale, Arizona 85254, for the term January 1, 2015 through June 30, 2016, for the maintenance of Caseload Explorer software in the Cortland County Probation Department. AGENDA ITEM NO. 30 – Authorize Agreement - Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 162-15 Authorize Agreement - Emergency Response & Communications WHEREAS, Cortland County Department of Emergency Response and Communications is desirous of contracting with the New York State Department of Homeland Security and Emergency Services Office (DHSES) for the temporary loan of communication resources, AND WHEREAS, the DHSES has acquired the hardware, software and user Mutualink Edge Subscription Service for Mutualink interoperability platforms and wishes to temporarily loan such equipment at no cost to New York State Counties for communications purposes, AND WHEREAS, this MOA establishes the responsibilities, guidelines and procedures for the deployment and use of the equipment, software and user subscriptions provided to the County by DHSES, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of one year from contract signing by the New York State Department of Homeland Security and Emergency Services. Referred from Personnel Committee AGENDA ITEM NO. 31 – Reallocate Clerk of Legislature/Amend Budget County Legislature Clerk of the Legislature Mr. Troy said this reallocation was long overdue. Ms. Briggs was opposed as this was an unallocated expense. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 163-15 Reallocate Clerk of Legislature/Amend Budget County Legislature Clerk of the Legislature WHEREAS, the Personnel/Civil Service Office has reviewed the salary grade for the position of Clerk of the Legislature, AND WHEREAS, it was recommended that the aforesaid position be reallocated from Management/Management Confidential Compensation Employment Policy Grade 10 to Grade 7, NOW THEREFORE BE IT RESOLVED, that the position of Clerk of the Legislature be and hereby is reallocated from Management/Management Confidential Compensation Employment Policy Grade 10 ($40,801- 49,641/YR.) to Grade 7 ($50,686-61,668/YR.) effective May 29, 2015, AND BE IT FURTHER RESOLVED, that the 2015 County Budget be amended as follows: Decrease A11755 51005 PERSONAL SERVICES $6,000 A11755 58020 RETIREMENT $1,140 A1175 58030 FICA $ 459 Increase A10105 51005 PERSONAL SERVICES $6,000 A10105 58020 RETIREMENT $1,140 A10105 58030 FICA $ 459 AGENDA ITEM NO. 32 – Agreement Between the County of Cortland and the CSEA, Local 1000, AFSCME, AFL-CIO-Unit 665003, Cortland County Deputy Sheriff/Correction Officers, Cortland County Local 812 Effective January 1, 2015 to December 31, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [16 TO 1] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Susan Briggs ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 164-15 Agreement Between the County of Cortland and the CSEA, Local 1000, AFSCME, AFL- CIO- Unit 665003, Cortland County Deputy Sheriff/Correction Officers, Cortland County Local 812 Effective January 1, 2015 to December 31, 2019 WHEREAS, Cortland County and CSEA negotiating committees have met to negotiate a new contract, AND WHEREAS, the negotiating committees have agreed on a new contract, AND WHEREAS, CSEA, Local 1000, AFSCME, AFL-CIO-Unit 665003,Cortland County Deputy Sheriff/Correction Officers, Cortland County Local 812, ratified the contract on May 21, 2015, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature approves the attached contract. AGENDA ITEM NO. 33 – Amend County of Cortland County Employment Policy Manual Mr. Troy called on Personnel Director Annette Barber to explain the policy. Mr. Barber said the plan only applies to Management employees, not any union employees. She said most departments with Union employees already have a written, or unwritten policy regarding dealing with the media. This is an effort to provide the most comprehensive and accurate information as possible, and having one person speak on behalf of the department allows for more accountability. Mr. Denkenberger agreed and said it should not be more difficult to get information due to this, it should be easier to get more accurate information. Ms. Briggs questioned the "Comp Time" and costs associated with implementation. Mr. Whitney said there is no cost associated, other than employee time, as there is no payout for the "Comp Time." He gave an example of an employee spending a full day over the weekend working on site for an emergency, with no compensation at all. Ms. Briggs said employees covered under the Management Compensation are already compensated for the job, and are hired with the knowledge that hours are not limited to 35 per week. Ms. Barber said that the County Administrator previously had the ability to provide time off or additional compensation for employees who go beyond the scope of their job. Ms. Briggs said that if an employee uses comp time for up to a week, the actual cost to the County is one-week's pay, because someone else will have to do that work. Ms. Jones and Ms. Briggs voted in opposition. ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 165-15 Amend County of Cortland County Employment Policy Manual WHEREAS, the County Legislature has adopted a County of Cortland Employment Policy Manual, AND WHEREAS, the County Legislature wishes to amend said policy manual, NOW THEREFORE BE IT RESOLVED, III Attendance and Leave Benefits will be amended and effective immediately to read as follows: 2. Base Work Day / Work Week A. Remove Department Heads and Management employees are responsible for performing the duties of their office. The work day is determined by the tasks to be performed. The work week shall be a minimum of 35 hours per week or 40 hours per week, depending on the position. Department Heads and Management employees are not eligible for overtime compensation or compensatory time except as provided by the County Administrator. Replace A. Department Heads and Management employees are not eligible for overtime compensation; however, they may accumulate one week of compensatory time on a rolling bank basis to be used during their employment. Compensatory time will be earned hour for hour. Compensatory time is to be earned only for time worked in the actual performance of the job. Examples of time worked include (but not limited to) required attendance at evening Legislative Sessions, community meetings on evenings and weekends, completion of special projects requiring a deadline (ie: grant writing) and responding after hours and /or on weekends for work issues that cannot wait until normal work days/ hours. Compensatory time is not intended to be earned for occasional work at home, reading reports, or material that will otherwise prepare you and make you successful at your job. Management employees shall receive prior approval to earn and use compensatory time from the Department Head. Earned and used compensatory time will be reported to Personnel like all other leave accruals. Department Heads are not required to obtain prior approval to earn compensatory time; however, in addition to reported, earned, and used compensatory time will be reported to RESULT: ADOPTED [15 TO 2] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Linda Jones, Susan Briggs ---PAGE BREAK--- Personnel like all other leave accruals. An e-mail will be sent to the Chairman of the Legislature recording the date, reason, and amount earned. Unused compensatory time will not be paid at time of separation from service. , AND BE IT FURTHER RESOLVED, Miscellaneous will be amended and effective immediately to read as follows: IX External News Media Employees covered by this policy are to interact with external new media (ie: broadcast, electronic print) as prescribed below to provide an effective and efficient framework to facilitate the timely, accurate, comprehensive, authoritative and relevant to all aspects of Cortland County. Refer all media inquiries to your respective department head. Please do not say you are not allowed to talk to the media. Instead, state that all media inquiries are to be directed to department heads. In some instances department heads may want to involve and/or refer to the County Attorney. A department head may designate a deputy or an employee covered by this policy to speak in their absence. A written designation letter shall be filed with Personnel, County Attorney and the Clerk of the Legislature. Said designation may be revoked at any time. X Question of Intent or Application of this Policy Referred from Budget & Finance Committee AGENDA ITEM NO. 34 – Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office ON MOTION OF WHITNEY RESOLUTION NO. 166-15 Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office RESOLVED, that the apportionment of the current mortgage tax monies between the towns of Cortlandville, Homer, and Marathon and the villages therein, as submitted by the Budget and finance committee, be approved, AND BE IT FURTHER RESOLVED, that the County Treasurer be and hereby is authorized to make apportioned mortgage tax payments to each of these tax districts within the County of Cortland as shown below: RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- October 1, 2014 - March 31, 2015 Cortlandville Village of McGraw $ 1,260.90 Village of Homer $ 195.69 Town of Cortlandville $ 54,865.31 $ 56,321.90 Homer Village of Homer $ 5,316.07 Town of Homer $ 19,616.52 $ 24,932.59 Marathon Village of Marathon $ 1,771.10 Town of Marathon $ 7,876.00 $ 9,647.10 Announcements Mr. Troy congratulated the SUNY Cortland Men's Baseball team for winning the Division III World Series, and the Women's Lacrosse Team for winning the Division III Championship. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, June 25, 2015 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Hartnett (Excused), Price (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - May 28, 2015 6:00 PM ---PAGE BREAK--- Privilege of the floor No one wished to address the Legislature. Proclamations & Recognitions Mr. Boylan read the following statement, recognizing County employees or representatives retiring this month. Jane Sharpe - started her career with the County in 1980. Over her 30 years of service to Cortland County she worked as a Stenographer, Secretary to the Legislature, Accounts Payable Specialist, and finally the County Auditor. Legislature wishes to thank Jane for her service. David Miller - Started serving on the County Planning Board in 1983 - Geography professor at SUNY Cortland, concentrating in Geographic Information Systems. In his 32 years on the Planning Board he always provided a fair and impartial review of hundreds of projects throughout the County. Duane “Duke” Robillard started his career as a Deputy Sheriff in 1985 - He spent many years on the Road Patrol ensuring the safety of County residents. Recently he has been stationed here in the County Office providing building security. Thank you Duke for your 30 years of service to Cortland County. Joanne Sheeley - Started as a typist with the Department of Social Services in 1966 and over the course of 33 years worked as an Account Clerk and a Social Welfare Examiner. She retired in 2002 and found that she missed the work and came back for another 13, making a total of 49 years of service to the County. Thank you Joanie. Tompkins Cortland Community College Presentation A presentation by TC3 was postponed until next month. Presentation of Petitions, Communications, and Notice Cornell Cooperative Extension Report Mr. David Rutherford, newly appointed Executive Director of Cornell Cooperative Extension, introduced himself and thanked the Legislature for their contributions to the agency. Receive and File Mr. Troy made a motion to Receive & File the 2015 State of the County Address and the 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- Annual Report for the Sheriff's Department. 2015 State of the County Address Mr. Boylan read the State of the County Address into the record. Mr. Troy made a motion to Receive & File the State of the County Address and the 2014 Sheriff's Dept. Annual report. Second by Mr. Denkenberger. All members voting in favor; none opposed. The motion was approved. Receive & File - County Sheriff 2014 Annual Report Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Appoint Cortland County Environmental Improvement Committee County Legislature ON MOTION OF BOYDEN RESOLUTION NO. 167-15 Appoint Cortland County Environmental Improvement Committee County Legislature WHEREAS, it is in the best interest for Cortland County and its residents to research and implement environmentally sound practices and policies, AND WHEREAS, it is the desire of the County Legislature to increase recycling, improve education RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- and outreach, reduce greenhouse gas emissions and establish more environmentally friendly programs, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby creates the “Cortland County Environmental Improvement Committee” - a Citizen’s Advisory Committee which shall act in an advisory role and provide at least quarterly updates to the County Solid Waste Committee, or other appropriate Committee, AND BE IT FURTHER RESOLVED, that the Cortland County Environmental Improvement Committee’s mission shall be to research and recommend environmentally sound programs and practices to the County Legislature. The Committee shall recommend strategies to implement and fund “green” programs included in the Cortland County Solid Waste Management Plan (SWMP), as well as other potential programs for environmentally-friendly initiatives, AND BE IT FURTHER RESOLVED that the following are hereby appointed to the Cortland County Environmental Improvement Committee: Amanda Barber - Cortland County Soil & Water Conservation District Kathie Arnold - Twin Oaks Dairy Phil Krey - Highway Superintendent Bob Haight - Chamber of Commerce Greg Leach - Leach’s Custom Trash John Gale - Casella Waste Systems and Recycling Frank Kelly - City of Cortland Representative Referred from Building & Grounds Committee AGENDA ITEM NO. 2 – Amend Proposal/Authorize Agreement/Transfer Funds Participate in Smart Watt Program Buildings and Grounds Department ON MOTION OF WHEELOCK RESOLUTION NO. 168-15 Amend Proposal/Authorize Agreement/Transfer Funds Participate in Smart Watt Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received a proposal from Smart Watt regarding a lighting retrofit project for the County Office Building - Auditorium, AND WHEREAS, the Buildings & Grounds Committee has reviewed that proposal and recommends participating in the Smart Watt program for a lighting retrofit project for the County Office Building - RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- Auditorium, AND, WHEREAS, the cost if said project is $24,121.97 which will result in an annual savings of $5,171.03, AND WHEREAS, there is a need to amend Resolution #355-14 and Contracts # 027-15 and #429-14 to cover the additional expense of renting a man lift to complete the project , which results in the savings of additional man hours, AND WHEREAS, the additional expense increases the original contract by $753.82, AND WHEREAS, there are insufficient funds to complete said project in Account No. A16205320 2034, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to approve the change order in the agreement with Smart Watt to participate in a lighting retrofit project, AND BE IT FURTHER RESOLVED, the County Treasurer is hereby authorized to transfer $753.82 from Account Number A16205 54100, Taxes to Project Account Number A16205.52320.2304 to cover said additional expenses for the lighting retrofit project for the Cortland County Auditorium. AGENDA ITEM NO. 3 – Award Phone System Lease (Information Technology) ON MOTION OF WHEELOCK RESOLUTION NO. 169-15 Award Phone System Lease (Information Technology) WHEREAS, the County’s current Phone Systems are out of date and in need of replacement, AND WHEREAS, the Information Technology Department solicited for written quotations for proposals to lease a New Phone System for five years to include maintenance for the entire system for one year and software and system support for five years (years 2 thru 5 support is the entire system excluding phones), Phone System Lease VENDOR QUOTE Rel Comm $5,171.39/month 250 Cumberland St. Suite 214 $283,890.00 Rochester, New York 14605 RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- All-Mode Communications, Inc. $4,634.02/month 1725 Dryden Road $236,792.14 Freeville, New York 13068 New Castle Communications $4,890.40/month 1201 Broadway, Suite 1010 $256,488. 24 New York, New York 10001 Black Box $6,372.51/month 6000 New Horizons Blvd $338,423. 24 Amityville, New York 11701 MACSource (MeridianIT) $4,666.12/month 509 Erie Blvd West $257,000.00 Syracuse, New York 13204 Finger Lakes Technology Group (FLTG) $8,845.59/month 7890 Lehigh Crossing $331,710.54 Victor, New York 14564 , AND WHEREAS, the lowest responsible proposal received for the Phone System Lease was from All-Mode Communications, 1725 Dryden Road, Freeville, New York 13068, based on NYS OGS Contract #PT65101 ShoreTel and #PT64250 All-Mode Communications, Inc., which consists of a current contractual obligation of $187,072 with the remaining $61,495 reflecting annual increments of the maintenance service for years 2-5 which will be reflected in their respective annual budgets, AND WHEREAS, Information Technology is still working with County Departments to finalize quantities and type of phones and requirements for phones and features is ever changing which may impact the final pricing for equipment and related maintenance, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to amend the 2015 budget and make payment in the amount not to exceed $ as follows: Make payment from account to purchase equipment with one year maintenance: A16105.52015 Misc Equipment $187,072 Budget Modification of: Increase: A16105.52015 Misc Equipment $ 104,572 Decrease: , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with All-Mode Communications, 1725 A16105.54050 Phone Repairs & Mtn $ 10,000 A19905.54775 General Contingency $ 94,572 ---PAGE BREAK--- Dryden Road, Freeville, New York 13068, with a contractual agreement for purchase and maintenance over five years not to exceed $248,567. AGENDA ITEM NO. 4 – Accept Proposal/Authorize Agreement ASTEC Re-Ply Roofing Systems Building & Grounds Department ON MOTION OF WHEELOCK RESOLUTION NO. 170- 15 Accept Proposal/Authorize Agreement ASTEC Re-Ply Roofing Systems Building & Grounds Department WHEREAS, the Buildings & Grounds Committee has received a proposal from ASTEC Re-Ply Roofing Systems, 27 Link Drive, Suite D, Binghamton, NY 13904 for repairing/replacing the roof on the building at 22 W. Court Street, Cortland, NY, AND WHEREAS, the Building & Grounds Committee has reviewed that proposal and recommends authorizing ASTEC to repair/replace said roof according to the proposal dated January 20, 2015, AND WHEREAS, the cost of said project is $10,660.00, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized, and directed to execute an agreement with ASTEC Re-Ply Roofing Systems, DBA Insulating Coatings Corporation, 27 Link Drive, Suite D, Binghamton, NY 13904 for the repair/replacement of the roof on the building at 22 W. Court Street, and that payment shall be made from Account A16205 54706 (B&G Expense). Referred from Highway Committee AGENDA ITEM NO. 5 – Resolution to Approve Grant Application, Accept Grants from FAA and NYSDOT, Approve Project Funding and Authorize Engineering Contracts for: Airport Master Plan Update Wildlife Hazard Assessment & Management Plan Pavement Management Assessment & Management Plan Cortland County Airport/Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- ON MOTION OF STEINHOFF RESOLUTION NO. 171-15 Resolution to Approve Grant Application, Accept Grants from FAA and NYSDOT, Approve Project Funding and Authorize Engineering Contracts for: Airport Master Plan Update Wildlife Hazard Assessment & Management Plan Pavement Management Assessment & Management Plan Cortland County Airport/Highway Department WHEREAS, the County of Cortland owns Cortland County Airport, General Levi R. Chase Field, and as owner, is eligible for federal and state grant monies for Airport Improvement Projects (AIP funding), and has agreed to all federal grant assurances promulgated by the United States Government, as administered by the FAA, AND WHEREAS, the FAA and NYSDOT now intend to offer Federal and State grant funding for the following projects at Cortland County Airport: Airport Master Plan Update Wildlife Hazard Assessment & Management Plan Pavement Management Assessment & Management Plan, , AND WHEREAS, the funding for said grants will be available at participation levels of up to 90% Federal ($319,500.00), 5% State ($17,750.00), and a 5% Local (County) funding ($17,750.00) for a total estimated project cost of $355,000.00, AND WHEREAS, the local (County) funding amount of $17,750.00 is already wholly appropriated as part of the amount in Account No. A56105.52253 in the 2015 Airport Budget, AND WHEREAS, Resolution 162-12 approved McFarland Johnson Inc., 49 Court St., P.O. Box 1980, Binghamton, NY 13902 as the engineering firm to provide airport engineering services for a five-year term, and McFarland Johnson has submitted task agreements for the above referenced projects required by the grant, and reimbursed by the grant, at a cost not to exceed $349,000.00, AND WHEREAS, an independent consultant fee estimate review is required by the FAA for engineering contracts, and the County has an existing Engineering Services Agreement in place with Barton & Loguidice, DPC, 290 Elwood Davis Rd., Syracuse, NY (B&L) for provision of as-needed engineering services, and B&L can provide said independent consultant fee estimate review as required by the FAA for a cost not to exceed $6,000, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby approves the following in conjunction with said project: · Filing of required grant application documents · Engineering Task Agreement with Barton & Loguidice, DPC, 290 Elwood Davis Rd., Syracuse, NY (B&L) for provision of independent consultant fee estimate review as required by the FAA for a cost not to exceed $6,000.00, AND BE IT FURTHER · RESOLVED, that the County Treasurer is hereby authorized and directed to amend the County Budget as follows to account for said project: Increase: A56105.54055.15AMP Highway Professional Services $ ---PAGE BREAK--- 6,000 Decrease: A56105.52253 A/P Capital $ 6,000 , AND BE IT FURTHER RESOLVED, that the County of Cortland approves the following in conjunctions with said project, once the grant has been officially awarded: Engineering Task Agreements with McFarland Johnson Inc., 49 Court St., P.O. Box 1980, Binghamton, NY 13902 for the following contracts at a cost not exceed $349,000.00: Airport Master Plan Update Wildlife Hazard Assessment & Management Plan Pavement Management Assessment & Management Plan · The Board authorizes the Chair to accept said grants for said federal and state grant funding levels, accepts said FAA and NYSDOT grants for said projects at Cortland County Airport at said funding levels, at a total project cost not to exceed $355,000.00 and allows the following budget modification: Increase: H56105.52253.15AMP Airport Master Plan Update $349,000 H561044.44597.15AMP Federal Revenue $319,500 H561043.43597.15AMP State Revenue $ 17,750 H561049.45031.15AMP General I/F Trf to Capital $ 11,750 A99505.59950.15AMP Transfer to Capital Project $ 11,750 Decrease: A56105.52253 A/P Capital $11,750 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute the necessary Federal and State Grant Applications, Federal and State Grant Agreements, Consultant Task Agreements, and all related and necessary documents at a total cost not to exceed $355,000.00, AND BE IT FURTHER RESOLVED, that this resolution is approved subject to a formal federal Grant Offer document being issued by the FAA to the County prior to October 1, 2015, and if such federal Grant Offer document is not issued by the FAA to the County by October 1, 2015, then all approvals shall be considered to have expired and be null and void of effect, except for the following: Filing of required grant application documents; Approval of Engineering Task Agreement with Barton & Loguidice, DPC, 290 Elwood Davis Rd., Syracuse, NY (B&L) for provision of independent consultant fee estimate review as required by the FAA for a cost not to exceed $6,000.00. AGENDA ITEM NO. 6 – Amend Budget / Realize Increase in CHIPS Revenue / Create ---PAGE BREAK--- Projects/Transfer Funds Highway Department ON MOTION OF STEINHOFF RESOLUTION NO. 172-15 Amend Budget / Realize Increase in CHIPS Revenue / Create Projects / Transfer Funds Highway Department WHEREAS, the NYSDOT has increased the amount of funding the County will receive in the 2015 budget year for the Consolidated Highway Improvement Program (CHIP's) by $184,998.62, AND WHEREAS, the Cortland County Highway Committee has recommended that said increased CHIPs revenue be utilized to complete additional Highway Department Capital projects in 2015, AND WHEREAS, the Cortland County Highway Committee has recommended that the County create the following capital projects in the 2015 Highway Department Budget: Health Camp Rd. Culvert Locust Ave. Rehabilitation , AND WHEREAS, the Cortland County Highway Committee has recommended the transfer of funds within the Highway Department Budget to cover the estimated costs associated with various Highway Department Capital Projects, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Department, the following funds shall be transferred, AND BE IT FURTHER RESOLVED, that the 2015 County Budget be amended as follows: INCREASE: Revenue D511243.43501 $184,999 CHIP's 2015 Extreme Winter Recovery DECREASE : Expense: D51125.54077.7021 $ 2,910 Freetown Crossroad Rehab - Materials D51125.54077.7023 $ 6,520 Parker St. Rehab - Materials D51125.54077.7034 $ 7,915 Landers Corners Rd. Rehab - Materials D51125.54077.7035 $ 17,230 East River Rd. Rehab - Materials D51125.54077.7036 $ 13,735 West State Rd. Rehab - Materials D51125.54077.7039 $ 1,520 Bloody Pond Rd. Rehab - Materials D51125.54077.7040 $ 90,000 Muckey Rd. Bridge - Materials RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- D51125.54077.7043 $ 6,000 Landers Corners Rd. Bridge - Materials D51125.54077.7044 $117,000 McGraw - Marathon Rd. Culvert - Mat. D51125.54077.7045 $ 34,000 Highland Rd. Culvert - Materials D51125.54077.7046 $ 25,000 Cheningo Rd. Culvert - Materials D51125.54077.7047 $ 10,000 Taylor Valley Rd. Culvert - Materials D51125.54077.7048 $ 13,850 Carter Slocum Rd. Culvert - Materials D51125.54077.7049 $ 18,000 E. Freetown-Texas Valley Rd. Culv. Mat D51125.54077.7050 $ 35,000 West Scott Rd. Culvert - Materials D51125.54065.7021 $ 6,860 Freetown Crossroad Rehab - Equipment D51125.54065.7023 $ 4,920 Parker St. Rehab - Equipment D51125.54065.7029 $ 19,500 Little York Crossing Rd. Bridge - Equip. D51125.54065.7034 $ 3,366 Landers Corners Rd. Rehab - Equipment D51125.54065.7035 $ 6,800 East River Rd. Rehab - Equipment D51125.54065.7036 $ 9,310 West State Rd. Rehab - Equipment D51125.54065.7037 $ 11,540 McGraw North Rd. Rehab - Equipment D51125.54065.7039 $ 9,920 Bloody Pond Rd. Rehab - Equipment D51125.54065.7040 $ 27,500 Muckey Rd. Bridge - Equipment D51125.54065.7044 $ 38,600 McGraw - Marathon Rd. Culv. Equip. D51125.54065.7046 $ 1,500 Cheningo Rd. Culvert - Equipment D51125.54065.7047 $ 10,000 Taylor Valley Rd. Culvert - Equipment D51125.54065.7049 $ 11,630 E. Freetown-Texas Valley Rd. Culv. Eq. D51125.54065.7050 $ 1,500 West Scott Rd. Culvert - Equipment TOTAL EXPENSE DECREASE: $561,626 TOTAL ADJUSTMENT = $746,625 INCREASE: Expense: D51125.54077.7029 $ 45,645 Little York Crossing Bridge - Materials D51125.54077.7037 $ 55,510 McGraw North Rd. Rehab - Materials D51125.54077.7038 $ 70,695 Gee Brook Rd. Rehab - Materials D51125.54077.7041 $ 60,000 Keeney Cross Rd. Bridge - Materials D51125.54077.7051 $ 15,000 Health Camp Rd. Culvert - Materials D51125.54077.7052 $314,355 Locust Ave. Rehab - Materials D51125.54065.7038 $ 41,340 Gee Brook Rd. Rehab - Equipment D51125.54065.7041 $ 75,730 Keeney Cross Rd. Bridge - Equipment D51125.54065.7042 $ 3,000 Lorings Crossing Rd. Bridge - Equipment D51125.54065.7045 $ 2,350 Highland Rd. Culvert - Equipment D51125.54065.7048 $ 3,000 Carter Slocum Rd. Culvert - Equipment D51125.54065.7051 $ 25,000 Health Camp Rd. Culvert - Equipment D51125.54065.7052 $ 35,000 Locust Ave. Rehab - Equipment ---PAGE BREAK--- TOTAL EXPENSE INCREASE: $746,625 AGENDA ITEM NO. 7 – Supplemental Engineering Services Agreement Little York Lake Dam Additional Right of Way Services Highway Department ON MOTION OF STEINHOFF RESOLUTION NO. 173-15 Supplemental Engineering Services Agreement Little York Lake Dam Additional Right of Way Services Highway Department WHEREAS, the Cortland County Legislature approved an Engineering Agreement with Gomez & Sullivan Engineers, P.C. for engineering in connection with the replacement of the Little York Lake Dam by Resolution 155-09, AND WHEREAS, the County Highway Superintendent has recommended entering into a Supplementary Agreement with Gomez & Sullivan Engineers, P.C., 288 Genesee Street, Utica, New York 13502 to provide additional right-of-way services due to unforeseen events that are outside of the scope of the original agreement, NOW THEREFORE BE IT RESOLVED, that all additional engineering fees associated with acquisition of permanent easements required for the replacement of the Little York Lake Dam shall not exceed $11,150.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized and directed to execute a contract with Gomez & Sullivan Engineers, P.C., 288 Genesee Street, Utica, New York 13502 for Professional Engineering Services related to the Replacement of the Little York Lake Dam, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said contract with Gomez and Sullivan for a cost not to exceed $11,500.00 from account # H87455.54055.2245. AGENDA ITEM NO. 8 – Award Construction Agreement Little York Crossing Bridge Rehabilitation B.I.N. 3312250 Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- ON MOTION OF STEINHOFF RESOLUTION NO. 174-15 Award Construction Agreement Little York Crossing Bridge Rehabilitation B.I.N. 3312250 Highway Department WHEREAS, the Highway Superintendent advertised for bids for the Little York Crossing Bridge Rehabilitation Project, B.I.N. 3312250, Town of Homer, AND WHEREAS, the bids received are as follows: BIDDERS BID Economy Paving $125,645.00 1819 NYS RT 13 Cortland, NY 13045 R. DeVincentis Construction, Inc. $157,000. 00 1 Brick Avenue Binghamton, NY 13901 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction agreement to the lowest bidder: Economy Paving, 1819 NYS RT 13, Cortland, NY 13045 for the total amount bid of $125,645.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Economy Paving, 1819 NYS RT 13, Cortland, NY 13045, for the Little York Crossing Bridge Rehabilitation Project, B.I.N. 3312250, Town of Homer, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said agreement from Account D51125.54077.7029 Materials and Supplies for the Little York Crossing Bridge Rehabilitation Project, B.I.N. 3312250, Town of Homer. AGENDA ITEM NO. 9 – Amend 2015 Budget Increase Expense Lines Extreme Winter Road Maintenance Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- ON MOTION OF STEINHOFF RESOLUTION NO. 175-15 Amend 2015 Budget Increase Expense Lines Extreme Winter Road Maintenance Highway Department WHEREAS, the costs for snow and ice removal on County and State Highways exceeded the amount estimated for the 2014-2015 winter season, AND WHEREAS, the increased damage to the Cortland County Roads due to the extreme winter conditions was significant and requires additional asphalt repairs, AND WHEREAS, additional salt purchases for the remainder of the 2015 winter season are needed and could exceed the amount budgeted in 2015, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Department that the following accounts be modified, AND BE IT FURTHER RESOLVED, that the 2015 County Budget be amended as follows: Increase: D 359900 Expense Appropriated Fund Balance $168,000 D51105.54077.7800 Salt $75,000 D51105.54083.7301 State Municipal Services $10,000 D51105.54077.07 Hot Patching $83,000 Referred from Health & Human Services Committee AGENDA ITEM NO. 10 – Authorize Agreement Department of Social Services (Cortland County Area Office for Aging) RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 176-15 Authorize Agreement Department of Social Services (Cortland County Area Office for Aging) WHEREAS, Cortland County Department of Social Services is desirous of contracting with the Cortland County Area Office for Aging to accept and process applications for the Home Energy Assistance Program (HEAP) for eligible Cortland County recipients, AND WHEREAS, the funding needed for this Agreement is provided through the HEAP program and will be paid from Account A60105.54083 titled Miscellaneous Supporting Services, and the revenue will be posted in Account A677243.43772.4327, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of August 1, 2015 through July 31, 2016 in an amount not to exceed $18,638.00 with the Cortland County Area Office for Aging. AGENDA ITEM NO. 11 – Authorize Agreements Health Department/Children with Special Needs Division (Centralized Management System EI and Pre-K) ON MOTION OF PRICE RESOLUTION NO. 177-15 Authorize Agreements Health Department/Children with Special Needs Division (Centralized Management System EI and Pre-K) WHEREAS, the Cortland County Health Department wishes to enter into three agreements with iClaim Systems Corp. d/b/a iCentral to provide a centralized management system for the Early Intervention and Pre-K Programs, AND WHEREAS, the three agreements with iCentral for said purpose consist of the Master Services Agreement, the HIPAA Business Associates Contract and the End User Agreement, AND WHEREAS, Cortland County Health Department desires to contract with iCentral on a month to month basis at an agreed to maintenance cost (currently $644 per month), the total not to exceed $11,000 per year, AND WHEREAS, these agreements shall commence on the effective date of approval and will automatically renew for successive renewal terms equal in duration to the Initial Term at iCentral’s then current fees, AND WHEREAS, this expense is budgeted in account: RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- A40595 54004 4055 Software $5,200.00 , NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to enter into three agreements with iClaim Systems Corp., d/b/a iCentral, 1806 Deep Run Road, Pipersville, PA 18947. AGENDA ITEM NO. 12 – Agreement with TransFirst ON MOTION OF PRICE RESOLUTION NO. 178-15 Agreement with TransFirst WHEREAS, the Cortland County Mental Health Clinic would like to contract with TransFirst so that the Mental Health Clinic can accept debit and credit card payments from clients, AND WHEREAS, TransFirst would supply the Mental Health Clinic with a processing terminal at a cost of $625.00, a Pin Pad at a cost of $125.00, and service at a cost of $39.00 per month for each month we collect up to $1,500 from clients using debit and credit cards for a total cost not to exceed $1,000 in 2015, AND WHEREAS, funds have been received from Federal Salary Sharing in 2015 to cover the costs associated with the contract, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, is hereby authorized to execute an agreement with TransFirst, AND BE IT FURTHER RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase Revenue: A431044-44490-4200 Federal Salary Sharing OMH $1,000.00 Increase Expense: AGENDA ITEM NO. 13 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price A43105-52015-4200 Technical Equipment $ 625.00 A43105-54075-4200 Office Equipment $ 125.00 A43105-54055-4200 Professional Fees $ 250.00 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 179-15 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on May 22, 2015 for the period July 1, 2015 through September 30, 2015 for the purchase of miscellaneous groceries and frozen foods in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, the Human Services Committee recommends that bids be awarded to the lowest responsible bidder, AND WHEREAS, bids were received from the following: Ginsberg’s, PO Box 17, Route 66, Hudson, NY 12534 Maines Paper & Food Service, PO Box 450, 101 Broome Corp. Pkwy, Conklin, NY 13748 Smith Packing Co., PO Box 520, Utica, NY 13503-0520 US Foods, 755 Pierce Road, Clifton Park, NY 12065 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that said departments have the right to award bids based on price and quality, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the lowest responsible bidders and best value for the period July 1, 2015 through September 30, 2015. AGENDA ITEM NO. 14 – Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Linda Jones, Legislative District 9 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 180-15 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on May 22, 2015 for July 1, 2015 through June 30, 2016 for the purchase of paper goods and maintenance supplies in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, the Human Services Committee recommends that bids be awarded to the lowest responsible bidder, AND WHEREAS, bids were received from the following: Maines Paper & Food Service, PO Box 450, 101 Broome Corp. Pkwy, Conklin, NY 13748 Hummel’s Office Products, PO Box 351, Herkimer, NY 13350 Oliver Packaging & Equip Co., 3235 Wilson Dr NW, Grand Rapids, MI 49534 Sanico, PO Box 2037, Binghamton, NY 13902 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that said departments have the right to award bids based on price and quality, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the lowest responsible bidders and best value for July 1, 2015 through June 30, 2016. AGENDA ITEM NO. 15 – Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Milk and Dairy Products RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 181-15 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Milk and Dairy Products WHEREAS, bids were received on May 22, 2015 for July 1, 2015 through June 30, 2016 for the purchase of milk and dairy products in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest responsible bidder, AND WHEREAS, bids were received from the following: Balford Farms, 4 Manhattan Ave., Burlington, NJ 08016 ($47,388.70) John R. Sears, DBA Bill Bros. Dairy, 219 Port Watson St., Cortland, NY 13045 ($34,922.79) Upstate Milk Cooperative, 25 Anderson Rd., Buffalo, NY 14225 ($40,188.19) , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on an overall basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the lowest responsible bidder and best value for July 1, 2015 through June 30, 2016. AGENDA ITEM NO. 16 – Office for Aging - NY Connects - Balancing Incentive Program Create Aging Services Coordinator/Amend 2015 Budget ON MOTION OF PRICE RESOLUTION NO. 182-15 Office for Aging - NY Connects - Balancing Incentive Program Create Aging Services Coordinator/Amend 2015 Budget WHEREAS, the needs of the County will be better served by the creation of a full time Aging Services Coordinator position within the Office for Aging, AND WHEREAS, the Office for Aging has received a grant for expansion and enhancement of NY Connects under the Balancing Incentive Program, AND WHEREAS, this position is dependent on the related grant and will be abolished with the termination of grant funding, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- WHEREAS, the Personnel Committee recommends the creation of a full time Aging Services Coordinator, NOW THEREFORE BE IT RESOLVED, a full time Aging Services Coordinator (Grade 17, $19.6257-24.3887/HR., competitive class, CSEA contract) be and hereby is created effective June 26, 2015, AND BE IT FURTHER RESOLVED, the 2015 budget is hereby amended as follows: Increase: A677243 43772 15BIP NY Connects $30,619 Increase: A67725 51005 15BIP Personnel Services $17,229 A67725 58020 15BIP Retirement $ 3,274 A67725 58030 15BIP FICA $ 1,318 A67725 58060 15BIP Health Insurance $ 8,293 A67725 58062 15BIP Dental Insurance $ 36 A67725 58065 15BIP Vision Insurance $ 10 A67725 58040 15BIP Workers Comp $ 459 AGENDA ITEM NO. 17 – Office for Aging/Nutrition - NY Connects Balancing Incentive Program (CFDA #93.778) Amend Budget ABOLISH Aging Services Specialist (15 Hours/Week)/Senior Citizen Center Manager (20 Hours/Week) CREATE Aging Services Specialist (Full Time)/Senior Citizen Center Manager (22 Hours/Week) ON MOTION OF PRICE RESOLUTION NO. 183-15 Office for Aging/Nutrition - NY Connects Balancing Incentive Program (CFDA #93.778) Amend Budget ABOLISH Aging Services Specialist (15 Hours/Week)/Senior Citizen Center Manager (20 Hours/Week) CREATE Aging Services Specialist (Full Time)/Senior Citizen Center Manager (22 Hours/Week) WHEREAS, the needs of the Office for Aging will be better served by abolishing one split position and creating two positions, AND WHEREAS, the Health and Human Services Committee recommends abolishing one split position and creating two positions to better reflect the needs of the department, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- RESOLVED, that one part time (15 hours/week) Aging Services Specialist (Grade 15, $18.3497-22.7717/HR., CSEA contract, competitive class) and one part time (20 hours/week) Senior Citizen Center Manager position (Grade 8, $14.6605-18.1935/HR., CSEA contract, non- competitive class) be and hereby are abolished effective July 12, 2015 at midnight, AND BE IT FURTHER RESOLVED, that one full-time position of Aging Services Specialist (Grade 15, $18.3497-22.7717/HR, CSEA contract, competitive class) be created effective July 13, 2015, AND BE IT FURTHER RESOLVED, that one part time (22 hours/week) position of Senior Citizen Center Manager (Grade 8, $14.6605-18.1935/HR., CSEA contract, non-competitive class) be created effective July 13, 2015, AND BE IT FURTHER, RESOLVED, that the 2015 budget is amended as follows: Increase: A677243 43772 15BIP NY Connects $23,244 Increase: A67725 51005 15BIP Personal Services $11,408 A67725 58020 15BIP Retirement $ 2,167 A67725 58030 15BIP FICA $ 873 A67725 58060 15BIP Health Insurance $ 8,292 A67725 58062 15BIP Dental Insurance $ 36 A67725 58065 15BIP Vision Insurance $ 10 A57725 58040 15BIP Workers Comp $ 458 AGENDA ITEM NO. 18 – Authorize Agreement/Accept Funds Health Department Drinking Water Program ON MOTION OF PRICE RESOLUTION NO. 184-15 Authorize Agreement/Accept Funds Health Department Drinking Water Program WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $97,241 for the period of 4/1/15-3/31/16 to continue the Drinking Water Program, NYS Contract # C- 030103, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- WHEREAS, these funds will be used to continue to provide drinking water supply protection services, AND WHEREAS, these funds are in the 2015 Budget in Accounts: Drinking Water Program DECREASE A40125.51005 PERS SERV Current $364,710 reduce $60,909 A40125.58020 RETIREMENT Current $ 73,123 reduce $11,573 A40125.58030 FICA Current $ 29,442 reduce $ 4,660 A40125.58040 WORK COMP Current $ 7,943 reduce $ 323 A40125.58060 HEALTH INS Current $ 71,725 reduce $19,663 A40125.58062 DENTAL INS Current $ 432 reduce $ 89 A40125.58065 VISION INS Current $ 59 reduce $ 24 A401243.43450.4021 DW REV Current - ($97,241) reduce $97,241 = $0 INCREASE A40125.51005.15DWP PERS SERV Current $0 increase $60,909 A40125.58020.15DWP RETIREMENT Current $ 0 increase $11,573 A40125.58030.15DWP FICA Current $ 0 increase $ 4,660 A40125.58040.15DWP WORK COMP Current $ 0 increase $ 323 A40125.58060.15DWP HEALTH INS Current $ 0 increase $19,663 A40125.58062.15DWP DENTAL INS Current $ 0 increase $ 89 A40125.58065.15DWP VISION INS Current $ 0 increase $ 24 A401243.43450.15DWP DW REV Current $ 0 increase 97,241 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 19 – Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program (EIP NYS Grant) ON MOTION OF PRICE RESOLUTION NO. 185-15 Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program (EIP NYS Grant) RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $97,241 for the period of 4/1/15-3/31/16 to continue the Drinking Water Program, NYS Contract # C- 030103, AND WHEREAS, these funds will be used to continue to provide drinking water supply protection services, AND WHEREAS, these funds are in the 2015 Budget in Accounts: Drinking Water Program DECREASE A40125.51005 PERS SERV Current $364,710 reduce $60,909 A40125.58020 RETIREMENT Current $ 73,123 reduce $11,573 A40125.58030 FICA Current $ 29,442 reduce $ 4,660 A40125.58040 WORK COMP Current $ 7,943 reduce $ 323 A40125.58060 HEALTH INS Current $ 71,725 reduce $19,663 A40125.58062 DENTAL INS Current $ 432 reduce $ 89 A40125.58065 VISION INS Current $ 59 reduce $ 24 A401243.43450.4021 DW REV Current - ($97,241) reduce $97,241 = $0 INCREASE A40125.51005.15DWP PERS SERV Current $0 increase $60,909 A40125.58020.15DWP RETIREMENT Current $ 0 increase $11,573 A40125.58030.15DWP FICA Current $ 0 increase $ 4,660 A40125.58040.15DWP WORK COMP Current $ 0 increase $ 323 A40125.58060.15DWP HEALTH INS Current $ 0 increase $19,663 A40125.58062.15DWP DENTAL INS Current $ 0 increase $ 89 A40125.58065.15DWP VISION INS Current $ 0 increase $ 24 A401243.43450.15DWP DW REV Current $ 0 increase 97,241 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 20 – Youth Bureau Allocation Ms. Discenza abstained from the vote to avoid a conflict, as she sits on the Board of Directors for Catholic Charities and CAPCO. ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 186-15 Youth Bureau Allocation WHEREAS, the NYS Office of Children and Family Services, through the Resource Allocation Plan, has made available the sum of $67,669 to Cortland County, through the Youth Bureau Revenue Account No. A731243.43820.4309, AND WHEREAS, the County Youth Bureau has designated the funds to the various county municipalities and agencies for the year 2015 and for which a copy is in the County Youth Bureau Office, AND WHEREAS, certain Contractors submitted vouchers in 2015 for services provided in 2014, creating a shortfall in the 2015 budget, AND WHEREAS, the County will require Contractors to voucher on a basis beginning July 31st, 2015, with all 2015 vouchers submitted to the County prior to December 31, 2015, AND WHEREAS, Contractors shall notify the County in the event that they will not voucher for all of the funding allocated to the program no later than October 31, 2015, thus allowing the Youth Board to re- allocate any unused money in the 2015 budget, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review by the County Attorney, be and hereby is authorized to execute the Resource Allocation Planning Agreement with the NY State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that in the event that the County does not receive the appropriate funds from the NY State Office of Children and Family Services, the County shall not be liable to pay any of its own funds to meet any deficiency under the terms of the contract, AND BE IT FURTHER RESOLVED that the 2015 Budget is hereby amended as follows: A731243.43820.4309 current (-$67,669) DECREASE +$67,669 new = $0 A731243.43820.15YB current $0 INCREASE -($67,669) new = -($67,669) A73125.54530.4310 current $57,340 DECREASE -$39,236 new = $18,104 A73125.54530.15YB current $0 INCREASE +$58,208 new = $58,208 A29605.54445 current $1,724,376 DECREASE -$18,972 new = $1,705,404 AND BE IT FURTHER RESOLVED that the County Treasurer is authorized and directed to release the following payments under account #A71325-54530-15YB: City of Cortland Youth Bureau $27,783 RESULT: ADOPTED [14 TO 0] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink ABSTAIN: Mary Ann Discenza EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- CAPCO Educational Support Program $6,000 Catholic Charities STEPS Program $7,725 Mental Health Adolescent and Child Respite $3,500 Cortland Regional Sports Council Youth Leadership $2,000 YWCA- Bridges For Kids $9,700 Family Counseling Center- Family Matters $1,500 Total = $58,208 Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 21 – Authorize Transportation Agreement Between Cortland County and Onondaga County Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 187-15 Authorize Transportation Agreement Between Cortland County and Onondaga County Cortland County Planning Department WHEREAS, as part of the expansion of public transportation service by First Transit to include the JM Murray Center routes as public transportation flex routes, there are now limited public transportation services on a daily basis which extend into Onondaga County, AND WHEREAS, a proposal has been presented by the Transportation Advisory Committee Route Change Subcommittee to provide limited daily bus service from Cortland County to Onondaga County, as specified in Appendix A of the Cortland County and Onondaga County agreement, AND WHEREAS, a proposal will be submitted to Onondaga County to allow for limited public transportation service to Onondaga County by First Transit, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement between Cortland County and Onondaga County to provide limited bus service between Cortland County and Onondaga County as specified in Appendix A of the Cortland County and Onondaga County agreement. AGENDA ITEM NO. 22 – Authorize Agreement, Amend 2015 Budget Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Jeanne Underwood’s Gladtime Farm in The Town of Preble) Mr. Denkenberger made a motion to amend the resolution to include a "Whereas" clause indicating that the County's acceptance of the easement is contingent upon that easement being transferred to the NY Agricultural Land Trust. Second by Mr. Steinhoff. All members voting in favor of RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- the amendment, none opposed. ON MOTION OF TROY RESOLUTION NO. 188-15 Authorize Agreement, Amend 2015 Budget Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Jeanne Underwood’s Gladtime Farm in The Town of Preble) WHEREAS, on July 24, 2014, Resolution 229-14 was passed by the Cortland County Legislature supporting an application for State Assistance Payments under the New York State Bond Act to Purchase Development Rights on the Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, AND WHEREAS, the Department of Agriculture and Markets of the State of New York has awarded Cortland County an Agricultural and Farmland Protection Implementation Grant for the purpose of acquiring conservation easements in relation to the farm owned by Jeanne Underwood in the Town of Preble, Cortland County, AND WHEREAS, the Department of Agriculture and Markets has provided written agreements describing the terms and conditions of the grants known in the amount not to exceed $936,260.00 for acquiring a conservation easement regarding Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, AND WHEREAS, the acquisition of conservation easements on Gary and Christine Slade’s Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County is subject to acceptance by and transfer of these conservation easements to the New York Agricultural Land Trust (NYALT) upon implementation and obtainment of the conservation easements by Cortland County on Gary and Christine Slade’s Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND WHEREAS, the County of Cortland is not being requested to provide any cash match contribution for this project, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute contracts and any other documents which may be required by the New York State Department of Agriculture and Markets to obtain or implement the grant and the purchase of the conversation easement for a Farmland Implementation Grant for Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, AND BE IT FURTHER RESOLVED, that the 2015 budget be amended as follows: Increase Expense RESULT: ADOPTED AS AMENDED [14 TO 1] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink NAYS: Linda Jones EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- A80235-54120 Underwood/Gladtime Farm $936,260.00 Revenue A802343-43989 State Aid - Ag & Markets $936,260.00 AGENDA ITEM NO. 23 – Authorize Agreement, Amend 2015 Budget Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Gary and Christine Slade’s Peaceful Valley Farm in The Towns of Homer and Scott) Mr. Denkenberger made a motion to amend the resolution to include a "Whereas" clause indicating that the County's acceptance of the easement is contingent upon that easement being transferred to the NY Agricultural Land Trust. Second by Ms. Discenza. All members voting in favor of the amendment, none opposed. ON MOTION OF TROY RESOLUTION NO. 189-15 Authorize Agreement, Amend 2015 Budget Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Gary and Christine Slade’s Peaceful Valley Farm in The Towns of Homer and Scott) WHEREAS, on July 24, 2014, Resolution 228-14 was passed by the Cortland County Legislature supporting an application for State Assistance Payments under the New York State Bond Act to Purchase Development Rights on the Gary and Christine Slade Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND WHEREAS, the Department of Agriculture and Markets of the State of New York has awarded Cortland County an Agricultural and Farmland Protection Implementation Grant for the purpose of acquiring conservation easements in relation to the farm owned by Gary and Christine Slade in the Towns of Homer and Scott, Cortland County, AND WHEREAS, the Department of Agriculture and Markets has provided written agreements describing the terms and conditions of the grants known in the amount not to exceed $2,000,000.00 for acquiring a conservation easement regarding the Gary and Christine Slade Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND WHEREAS, the County of Cortland is not being requested to provide any cash match contribution for this project, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute contracts and any other documents which may be required by the New York State Department of Agriculture and Markets to obtain or implement the grant and the RESULT: ADOPTED AS AMENDED [14 TO 1] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink NAYS: Linda Jones EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- purchase of the conversation easement for a Farmland Implementation Grant for Gary and Christine Slade Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND BE IT FURTHER RESOLVED, that the 2015 budget be amended as follows: Increase Expense A80235-54120 Slade/Peaceful Valley Farm $2,000,000.00 Revenue A802343-43989 State Aid - Ag & Markets $2,000.000.00 AGENDA ITEM NO. 24 – Endorsing Innovative Readiness Training (IRT) Program of the United States Department of Defense and Southern Tier East Regional Planning Development Board Cortland County Planning Department Mr. Wagner asked if this program will cost the County for insurance coverage. Mr. Denkenberger said yes, it could be as much as $10,000, but the benefits to Cortland County residents far outweigh the costs, and that the services provided would typically cost in the hundreds of thousands of dollars in medical benefits/costs. ON MOTION OF TROY RESOLUTION NO. 190-15 Endorsing Innovative Readiness Training (IRT) Program of the United States Department of Defense and Southern Tier East Regional Planning Development Board Cortland County Planning Department WHEREAS, the United States Department of Defense has assembled civil-military programs which simultaneously serve the training needs of the United States military, as well as the civil needs of underserved communities, AND WHEREAS, the Southern Tier East Regional Planning Development Board (STERPDB) has solicited interest of the Innovative Readiness Training (IRT) program to provide services to communities, AND WHEREAS, the IRT program specializes in functional areas of Engineering, Medical/Healthcare/Human Services, and Transportation, AND WHEREAS, there is an opportunity to host an IRT site in Cortland County in 2016, AND WHEREAS, the Cortland County IRT site would provide free medical screening, dental services, RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- optometry services, and veterinary services to all who are interested in participating regardless of income level or availability of insurance, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature endorses the proposal of the Southern Tier East Regional Planning Development Board for the execution of an Innovative Readiness Training site in Cortland County in 2016. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 25 – Amended Authorization - Cortland County Probation Department/ AutoMon, LLC Agreement Mr. Troy made a motion to amend the resolution to reflect a one-year term, with up to five one-year extension options. Second by Mr. Denkenberger. All members voting in favor of the amendment, none opposed. ON MOTION OF BUSHNELL RESOLUTION NO. 191-15 Amended Authorization - Cortland County Probation Department/ AutoMon, LLC Agreement WHEREAS, the Cortland County Legislature approved Resolution No. 161-15 on May 28, 2015 which authorized an Agreement between Cortland County Probation and AutoMon, LLC for providing "Technical Support Services", AND WHEREAS, the Cortland County Probation Department is in receipt of an invoice from AutoMon, LLC regarding "Technical Support Services" for the period of July 1, 2015 through June 30, 2016, AND WHEREAS, AutoMon, LLC has agreed to provide professional services for a twelve month period at a base rate of $3,847.47 plus $188.42 for each of the 24 actual registered users, totaling $8,369.55 annually, AND WHEREAS, Cortland County Probation Department has contracted with AutoMon, LLC, since 2011, as authorized by Resolution 405-10 and Contract No. 68-11, said contract included installation and maintenance of the Caseload Explorer software, and said contract expired December 31, 2014, AND WHEREAS, funds were approved in the 2015 Fiscal Year County Budget in account A31405.54004, Computer Software, in the amount of $8,369.55, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, be and hereby is authorized to execute an agreement with AutoMon, LLC, 1455 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- North Scottsdale Road Suite 300, Scottsdale, Arizona 85254, for a twelve month term commencing July 1, 2015 and concluding June 30, 2016 with the election of up to five additional one year terms on the mutual consent of the parties, for the maintenance of Caseload Explorer software in the Cortland County Probation Department. Referred from Personnel Committee AGENDA ITEM NO. 26 – Amend 2004 Travel Policy Cortland County Legislature ON MOTION OF PRICE RESOLUTION NO. 192-15 Amend 2004 Travel Policy Cortland County Legislature WHEREAS, Resolution 188-04 adopted a formal policy and procedure for authorization for travel by employees of Cortland County, AND WHEREAS, the County Personnel Committee recommends the policy and procedure be amended to allow for Department Head approval of budget, in-state travel, NOW THEREFORE BE IT RESOLVED, that the attached Policy and Procedure “Authorization to Travel” is hereby adopted. Referred from Budget & Finance Committee AGENDA ITEM NO. 27 – Authorize Agreement - Chamber of Commerce July 3 Fireworks ON MOTION OF WHITNEY RESOLUTION NO. 193-15 Authorize Agreement - Chamber of Commerce July 3 Fireworks WHEREAS, the Cortland County Chamber of Commerce offers a variety of quality of life programs and projects in the areas of tourism, gateway maintenance, community events, and sports RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price RESULT: ADOPTED [UNANIMOUS] MOVER: Luke Snyder, Legislative District 5 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- councils, AND WHEREAS, the County Legislature wishes to support the Cortland County Business community and the Cortland County Chamber of Commerce, AND WHEREAS, Cortland County provides personnel to staff the parking for the July 3 Fireworks show; as well as law enforcement personnel to ensure the public’s safety at said event, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature is hereby authorized and directed to execute a contract, upon review and approval by the County Attorney, with the Cortland County Chamber of Commerce in an amount of $5,000, to be taken from Occupancy Tax proceeds, for the calendar year of 2015 to be used for the July 3 Fireworks Show, AND BE IT FURTHER RESOLVED, that said agreement shall provide that the Chamber of Commerce utilize the proceeds of these funds to support various community events, programs and projects, including but not limited to: annual Fourth of July fireworks show, tourism programs, downtown management, downtown music, gateway maintenance and the sports council. AGENDA ITEM NO. 28 – County Audit/County Administrator Abolish County Auditor Abolish Audit/Accounts Payable Specialist Transfer Senior Account Clerk ON MOTION OF WHITNEY RESOLUTION NO. 194-15 County Audit/County Administrator Abolish County Auditor Abolish Audit/Accounts Payable Specialist Transfer Senior Account Clerk WHEREAS, the needs of the agency will be better served by abolishing one full-time position of County Auditor and one full time position of Audit/Accounts Payable Specialist, AND WHEREAS, the needs of the agency will be better served by transferring one Senior Account Clerk position from the County Audit Department under the direction of the Director of Budget and Finance in the County Administrator Budget, AND WHEREAS, the Director of Budget and Finance recommends the abolition and transfer of these positions, and as per County Law allows the County Audit function to return for review under the Budget & Finance Committee, NOW THEREFORE BE IT RESOLVED, that one full-time position of County Auditor (Management, grade 4, $62,968- 76,609/YR., exempt class) and one full-time position of Audit/Accounts Payable Specialist (Management confidential, grade 5, $19.9920-24.3235/HR., competitive class be and hereby are RESULT: ADOPTED [14 TO 1] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink NAYS: Linda Jones EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- abolished effective June 30, 2015, AND BE IT FURTHER RESOLVED, that one full time position of Senior Account Clerk (CSEA, grade 9, $15.1139- 18.7561/HR., competitive class) be transferred from the County Audit department under the direction of the Director of Budget and Finance effective June 30, 2015, AND BE IT FURTHER RESOLVED that the County Treasurer is authorized to amend the 2015 Budget as follows: DECREASE: A13205 51005 Pers Serv current $107,888 reduce $ 39,805 A13205 58020 Retirement current $20,498 reduce $ 10,979 A13205 58030 FICA current $8,253 reduce $ 3,045 A13205 58040 Work Comp current $2,118 reduce $ 2,118 A13205 58060 Health Ins current $32,520 reduce $ 16,260 A13205 58062 Dental Ins Current $144 reduce $ 72 A13205 58065 Vision Ins current $39 reduce $ 20 Total: $72,299 INCREASE: A11755 51005(E) Pers Serv current $307,583 increase $ 18,300 A11755 58020 Retirement current $ 48,942 increase $ 6,894 A11755 58030 FICA current $ 19,705 increase $ 1,400 A11755 58040 Work Comp current $ 4,765 increase $ 1,059 A11755 58060 Health Ins current $ 34,633 increase $ 8,130 A11755 58062 Dental Ins current $ 238 increase $ 36 A11755 58065 Vision Ins current $ 26 increase $ 10 A19905 54775 Contingency current $300,000 increase $36,470 Total $72,299 AGENDA ITEM NO. 29 – Adopt 2015-2016 Operating Budget Tompkins Cortland Community College (TC3) AGENDA ITEM NO. 30 – Approval of the Appropriation of Surplus Funds 2015-2016 Tompkins Cortland Community College (TC3) AGENDA ITEM NO. 31 – Amend Resolution 88-15 - Airport Land Acquistion RESULT: PULLED RESULT: FAILED [8 TO 7] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Discenza, Boyden, Wheelock, Briggs, Steinhoff NAYS: Snyder, Knolls, Jones, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- Mr. Troy made a motion to suspend the Rules of Order to consider this resolution, which was not included on the agenda. Second by Mr. Denkenberger. All members voting in favor; none opposed. The motion to Suspend the Rules of Order was approved. ON MOTION OF BOYDEN RESOLUTION NO. 195-15 Amend Resolution 88-15 - Airport Land Acquisition WHEREAS, Resolution 71-10 authorized the Airport Land Acquisition Phase II Project, AND WHEREAS, the acquisition of certain land rights has caused the expenses for the land acquisition to surpass the original amount budgeted for the project, AND WHEREAS, the additional expense amount needed through completion of the project is estimated to be $80,000.00, AND WHEREAS, the funding for said additional amount needed will be available at participation levels of 95% Federal ($76,000.00), 2.5% State ($2,000.00) and 2.5% Local (County) funding ($2,000.00), AND WHEREAS, the Highway Committee of the Cortland County Legislature has recommended that the project budget be amended by the above listed amounts, AND WHEREAS, Resolution 71-10 approved funding levels for the project as follows: 95% Federal $760,000.00 2.5% State $20,000.00 2.5% Local $20,000.00 Total $800,000.00 , AND WHEREAS, the original local share of $20,000.00 listed in Resolution 71-10 has already been transferred to the project account in County FY 2010 from the 2010 Airport Budget, NOW THEREFORE BE IT RESOLVED, that Resolution No. 71-10 be and is hereby amended as follows: 1. The funding for said project shall be increased to the following funding participation levels: 95% Federal $836,000.00 2.5% State $22,000.00 2.5% $22,000.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- Total $880,000.00 2. The 2.5% Local (County) share ($2,000.00) of the necessary additional funding amount shall be transferred to the project revenue account from Account No. A56105.52253 in the 2015 Airport Budget, AND BE IT FURTHER RESOLVED, that the project account be amended as follows: Increase: Increase: Revenue: H561055.44597.5616 Federal Revenue $76,000.00 H561043.43597.5616 State Revenue $2,000.00 H561049.45031.5616 Interfund Transfer Revenue $2,000.00 Decrease: Expense: A56105.52253 Airport Project Local Share $2,000.00 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute the necessary Federal and State Grant Agreements, Consultant Agreements, Land Purchase Contract Agreements, and all related necessary documents at the amended total cost not to exceed $880,000.00. Executive Session Mr. Wagner made a motion to hold an Executive Session for a personnel matter. Second by Mr. Steinhoff. All members voting in favor, except Ms. Briggs, who was opposed. EXECUTIVE SESSION MINUTES Mr. Steinhoff made a motion to release the attached statement to the public and media following Executive Session. Second by Mr. Bushnell. All members voting in favor, except Ms. Briggs, who was opposed. The motion was approved. Workplace Violence Statement – See appendix Expense: H56105.52253.5616 Airport Land Acquisition Phase II $80,000.00 A99505.59950.5616 Transfer to Capital Project $2,000.00 ---PAGE BREAK--- Announcements Adjourn RESULT: APPROVED [14 TO 1] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink NAYS: Susan Briggs EXCUSED: Thomas P. Hartnett, Sandra Price ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Thursday, July 9, 2015 6:00 PM Board Room Public Hearing Public Hearing - Tompkins Cortland Community College 2015-2016 Budget Chairman Boyden opened the public hearing. Mr. Boylan read the legal notice announcing the public hearing and asked if there was anyone present who wished to address the Legislature. As there was nobody present who wished to speak Mr. Boylan closed the public hearing. RESULT: COMPLETED Salute to the Flag Roll Call Attendee Name Title Status Arrived John R Troy Legislative District 1 Present Amy Cobb Legislative District 2 Present Thomas P. Hartnett Legislative District 3 Present Richard Bushnell Legislative District 4 Present Luke Snyder Legislative District 5 Excused Mary Ann Discenza Legislative District 6 Present Knolls Legislative District 7 Present Donnell Boyden Chair Present Linda Jones Legislative District 9 Excused Gordon Wheelock Legislative District 10 Present Susan Briggs Legislative District 11 Present Joseph Steinhoff Legislative District 12 Present Kevin Whitney Majority Leader Excused Sandra Price Minority Leader Excused George Wagner Legislative District 15 Excused James Denkenberger Legislative District 16 Present Charles Sudbrink Legislative District 17 Present ---PAGE BREAK--- Approval of Minutes Privilege of the floor Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Receive and File Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business AGENDA ITEM NO. 1 – Adopt 2015-2016 Operating Budget Tompkins Cortland Community College (TC3) Mr. Troy said that the last time this resolution was voted down and that the Legislature made an error in judgment. He said that TC3 makes a much more significant contribution to the community than the cost the County pays annually. Mr. Denkenberger said he respects all legislator's right to vote for or against any item. He said he would vote against this, not because TC3 isn't a valuable asset, but because the taxpayers of Cortland County simply can't afford yet another increase, that will then need to be maintained in perpetuity. RESULT: ADOPTED [11 TO 1] MOVER: Donnell Boyden, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Sudbrink NAYS: James Denkenberger EXCUSED: Snyder, Jones, Whitney, Price, Wagner ON MOTION OF WHITNEY RESOLUTION NO. 196-15 Adopt 2015-2016 Operating Budget Tompkins Cortland Community College (TC3) WHEREAS, a proposed operating budget for Tompkins Cortland Community College has presented to this Legislature for the college fiscal year September 1, 2015 through August 31, 2016 pursuant to County Law and Education Law section 6306, AND WHEREAS, the Cortland County Legislature has conducted a public hearing on said budget on July 9, 2015, pursuant to notice duly published, and all persons wishing to speak on this topic were heard, NOW, THEREFORE, BE IT RESOLVED, on the recommendation of the Budget and Finance Committee that said proposed operating budget in the amount of $39,359,321 be and hereby is approved and adopted, AND BE IT FURTHER RESOLVED that the Cortland County Legislature include in the Cortland County Budget for the year 2016 an amount to be determined pursuant to a plan for said College adopted by resolution No. 129, for the year 1966, as amended by Resolution No. 128 and 131 for the year 1971, totaling approximately $1,720,635, approximately two percent more than the 2014-2015 academic year amount, be and hereby is approved, AND BE IT FURTHER ---PAGE BREAK--- RESOLVED, that the Cortland County Legislature authorize the completion of a contract with Cortland County, upon review of the County Attorney and that the Cortland County Treasurer be and hereby is authorized and directed within the authorization provided by this Legislature to pay the duly bonded Treasurer of Tompkins Cortland Community College Cortland County’s proportionate share of the operating budget of said college for the fiscal year 2015-2016 on the following dates and in the following manner: February 1, 2016……….. $430,158.75 April 1, 2016…………… $430,158.75 June 1, 2016……………. $430,158.75 August 1, 2016…………. $430,158.75 RESOLVED, that this resolution shall become effective upon adoption of a concurrent resolution by the Tompkins County Legislature. AGENDA ITEM NO. 2 – Approval of the Appropriation of Surplus Funds 2015-2016 Tompkins Cortland Community College (TC3) RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Denkenberger, Sudbrink EXCUSED: Snyder, Jones, Whitney, Price, Wagner ON MOTION OF WHITNEY RESOLUTION NO. 197-15 Approval of the Appropriation of Surplus Funds 2015-2016 Tompkins Cortland Community College (TC3) WHEREAS, the operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2015 through August 31, 2016 was adopted by Resolution 196-15, AND WHEREAS, the College has available unrestricted fund balance of $1,376,302 as of August 31, 2014, of which $522,995 is allocable to Cortland County, AND WHEREAS, the operating budget for said College includes appropriated surplus in the amount of $91,183, of which approximately $33,738 is allocable to Cortland County, NOW, THEREFORE, BE IT RESOLVED, on the recommendation of the Budget and Finance Committee that surplus funds in the amount of $91,183, be appropriated as a part of the 2015-2016 operating budget for the College, of which approximately $33,738 is allocable to Cortland County, AND BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the Tompkins County Legislature and the Board of Trustees of Tompkins Cortland Community College. Announcements Adjourn ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, July 23, 2015 6:00 PM Board Room Salute to the Flag Roll Call Attendee Name Title Status Arrived John R Troy Legislative District 1 Present Amy Cobb Legislative District 2 Present Thomas P. Hartnett Legislative District 3 Present Richard Bushnell Legislative District 4 Present Luke Snyder Legislative District 5 Present Mary Ann Discenza Legislative District 6 Present Knolls Legislative District 7 Present Donnell Boyden Chair Present Linda Jones Legislative District 9 Present Gordon Wheelock Legislative District 10 Excused Susan Briggs Legislative District 11 Excused Joseph Steinhoff Legislative District 12 Present Kevin Whitney Majority Leader Excused Sandra Price Minority Leader Excused George Wagner Legislative District 15 Present James Denkenberger Legislative District 16 Present Charles Sudbrink Legislative District 17 Present Others in Attendance *Note - County Attorney Karen Howe served as Acting Clerk of the Legislature for this meeting in the excused absence of Mr. Boylan. Approval of Minutes Cortland County Legislature - Legislative Session - Jun 25, 2015 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price Privilege of the floor No one requested Privilege of the Floor. ---PAGE BREAK--- Proclamations & Recognitions 1. Proclamation Celebrating 25Th Anniversary of the ADA Ms. Howe read the proclamation. It was presented by Ms. Discenza to Fran Pizzola of Access to Independence. Presentation of Petitions, Communications, and Notice Receive and File Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Appoint Member Cortland County Jury Board Louis Folmer Supreme Court Law Library RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF BOYDEN RESOLUTION NO. 198-15 Appoint Member Cortland County Jury Board Louis Folmer Supreme Court Law Library WHEREAS, it is required pursuant to Article 16, Section 503a, 1 of Judiciary Law that one Legislator be appointed to the Cortland County Jury Board, AND WHEREAS, Resolution No. 17-14 appointed Richard Bushnell, 11 Owego Street, Cortland, NY to the Cortland County Jury Board, for a term to expire Dec. 31, 2014, and that appointment has expired, NOW THEREFORE BE IT RESOLVED, that Richard Bushnell (LD-5) is hereby appointed to the Cortland County Jury Board for a term commencing immediately and ending December 31, 2015, AND BE IT FURTHER RESOLVED, that Richard Bushnell is hereby appointed as the Legislative representative and sitting Trustee for the Louis H. Folmer Supreme Court Law Library. AGENDA ITEM NO. 2 – Appoint/Re-Appoint Members - Cortland County Planning Board ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF BOYDEN RESOLUTION NO. 199-15 Appoint/Re-Appoint Members - Cortland County Planning Board WHEREAS, there are four vacancies on the Cortland County Planning Board due to the expiration of terms held by Ann Swisher, Paul Dries and David Miller, as well as the resignation of Keith VanGorder, NOW THEREFORE BE IT RESOLVED, that the following are hereby appointed to the Cortland County Planning Board for the terms as provided below: Ann Swisher PO Box 1006 McGraw, NY 13101 Term exp. 6/30/2019 Paul Dries 1656 Lighthouse Hill Road Homer, NY 13077 Term exp. 6/30/2019 Emily Discenza 102 Maple Ave. Cortland, NY 10345 Term exp. 6/30/2019 Scott Evener 1965 Preble Road Preble, NY 13141 Term exp. 6/30/2016 (remainder of VanGorder term) Referred from Building & Grounds Committee AGENDA ITEM NO. 3 – Authorize Renewal Amendment (Lexis-Nexis) RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF WHEELOCK RESOLUTION NO. 200-15 Authorize Renewal Amendment (Lexis-Nexis) ---PAGE BREAK--- WHEREAS, Cortland County has a Subscription for services with Lexis-Nexis used in various County Departments which is due to expire on 7/31/2015, AND WHEREAS, a Subscription Plan Amendment has been received from Lexis-Nexis for Cortland County Offices as follows: Terms: 36 months Payments: 8/1/2015 thru 7/31/2018based on the following schedule: 8/1/2015 thru 7/31/2016 @ $1029.00/month 8/1/2016 thru 7/31/2018 @ $1,049.58/month Total Contract Price: $37,537.92 to be paid out of account #A16805-54040. , NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the amendment on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Referred from Highway Committee AGENDA ITEM NO. 4 – Authorize Memorandum of Understanding Cortland County Soil & Water Conservation District Willow Plantation RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF STEINHOFF RESOLUTION NO. 201-15 Authorize Memorandum of Understanding Cortland County Soil & Water Conservation District Willow Plantation WHEREAS, the Cortland County Soil and Water Conservation District has secured grant funding for the establishment of a small willow plantation at Cortland County's Dwyer Park in Little York, AND WHEREAS, the Cortland County Soil and Water Conservation District will use the willows for various projects including stream bank stabilization and re-vegetation, riparian buffer re vegetation and living snow fences, AND WHEREAS, Cortland County would like to participate in this conservation effort, as the roots of willows planted in a stream bank help to stabilize the bank and allow for other vegetation to grow, reducing erosion and helping to improve the water quality of streams, and the planned planting location at Dwyer Park will serve as a buffer between the adjacent farm and the park, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature upon approval by the County Attorney, is hereby authorized and directed to execute a Memorandum of Understanding with the Cortland County ---PAGE BREAK--- Soil and Water Conservation District for the establishment and use of a willow plantation at Dwyer Park. AGENDA ITEM NO. 5 – Award Metal Object Removal Agreement Highway Department/Solid Waste RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: George Wagner, Legislative District 15 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF STEINHOFF RESOLUTION NO. 202-15 Award Metal Object Removal Agreement Highway Department/Solid Waste WHEREAS, the Highway Committee advertised for bids for Metal Object Removal at the Highway Department and the Landfill Facilities, AND WHEREAS, The County Highway Department received bids for Metal Object Removal as follows: Metal Object Removal BIDDER BID Upstate Shredding $160.72 Net Ton 1 Recycle Drive Owego, NY 13827 Empire Recycling $108.00 Gross Ton = 64 N. Genesee St. $ 96.43 Net Ton Utica, NY 13501 , AND WHEREAS, the highest responsible bid received for the sale of Metal Object Removal was from Upstate Shredding, 1 Recycle Drive, Owego, NY 13827 , NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to sign a contract with Upstate Shredding, 1 Recycle Drive, Owego, NY 13827 for Metal Object Removal at the Highway Department and Landfill Facilities, AND BE IT FURTHER RESOLVED, that the revenue received from the Metal Object removal shall be deposited in account # E513042.42650 for the Highway Department and Account # EL816042.42650 for the Landfill. AGENDA ITEM NO. 6 – Abolish/Create Cortland County Highway Account Clerk/Principal Account Clerk ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF STEINHOFF RESOLUTION NO. 203-15 Abolish/Create Cortland County Highway Account Clerk/Principal Account Clerk WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Account Clerk and creating one full-time position of Principal Account Clerk, AND WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Principal Account Clerk, AND WHEREAS, the Highway Committee recommends the abolition and creation of these positions WHICH ARE PAID OUT OF ACCOUNT D50105 51005, NOW THEREFORE BE IT RESOLVED, that one full-time position of Account Clerk (CSEA, Grade 7, $14.3752- 17.8394/hr., competitive class) be and hereby is abolished effective August 4, 2015 at midnight, AND BE IT FURTHER RESOLVED, that one position of full-time Principal Account Clerk (CSEA Grade 13, $ 17.3333- 21.5104/hr., competitive class) be created effective July 24, 2015 at 12:01. Referred from Solid Waste Committee AGENDA ITEM NO. 7 – Award the Handling, Transportation and Safe Disposal of Household Hazardous Waste Agreement Highway Department/Landfill RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF HARTNETT RESOLUTION NO. 204-15 Award the Handling, Transportation and Safe Disposal of Household Hazardous Waste Agreement Highway Department/Landfill WHEREAS, the Cortland County Highway Department advertised for bids for the Handling, Transportation and Safe Disposal of Household Hazardous Waste, AND WHEREAS, the Cortland County Highway Department has received the following base bids for the Handling, Transportation and Safe Disposal of Household Hazardous Waste: Household Hazardous Waste BIDDERS BASE BID ---PAGE BREAK--- Care Environmental Corp. $42.00 per car 429 East Blackwell St. $4,500.00 Minimum Dover, NJ 07801 Clean Venture, Inc. $45.00 per car 201 South First St. $9,300.00 Minimum Elizabeth, New Jersey 07206 MXI Environmental Services, LLC $49.99 per car 26319 Old Trail Rd. $7,500.00 Minimum Abingdon, VA 24210 The Environmental $84.00 per car Service Group (NY), Inc. $4,200.00 Minimum 177 Wales Avenue Tonawanda, NY 14150 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Solid Waste Committee, the County hereby awards the agreement for The Handling, Transportation and Safe Disposal of Household Hazardous Waste bid to the lowest bidder, Care Environmental Corp., 429 East Blackwell St. Dover, NJ 07801 for the bid prices listed above, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account EL81605.54625 for the Handling, Transportation and Safe Disposal of Household Hazardous Waste to the lowest bidder, Care Environmental Corp., 429 East Blackwell St. Dover, NJ 07801 for a cost not to exceed $9,800.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Care Environmental Corp., 429 East Blackwell St. Dover, NJ 07801. Referred from Health & Human Services Committee AGENDA ITEM NO. 8 – Amend Budget/Contract Mental Health Department Decrease in State Aid Funding for Catholic Charities, Cortland County Mental Health Clinic, Cortland Regional Medical Center and JM Murray Center Ms. Discenza abstained from the vote with a conflict, as she sits on the Board of Directors for Catholic Charities. RESULT: ADOPTED [12 TO 0] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink ABSTAIN: Mary Ann Discenza EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 205-15 ---PAGE BREAK--- Amend Budget/Contract Mental Health Department Decrease in State Aid Funding for Catholic Charities, Cortland County Mental Health Clinic, Cortland Regional Medical Center and JM Murray Center WHEREAS, the Office of Mental Health has reduced the amount of funding for Catholic Charities, Cortland County Mental Health Clinic, Cortland Regional Medical Center, and JM Murray Center for the provision of a two percent increase in annual salary and salary-related benefit costs for certain direct care staff in the amount of $2,805.00, AND WHEREAS Cortland County Mental Health Clinic and Catholic Charities entered into contract #399-14 for the period December 31, 2014 through December 31, 2015 for $904,239.00, AND WHEREAS Cortland County Mental Health Clinic and the Cortland Regional Medical Center entered into contract #372-14 for the period December 31, 2014 through December 31, 2015 for $112,512.00, AND WHEREAS Cortland County Mental Health Clinic and the JM Murray Center entered into contract #038-15 for the period December 31, 2014 through December 31, 2015 for $197,032.00, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Decrease: Revenue: A431043-43490-4213 NYS OMH Funding $ 576.00 A431043-43490-4204 NYS OMH Funding $ 424.00 A431043-43490-4222 NYS OMH Funding $ 1,328.00 A431043-43490-4216 NYS OMH Funding $ 477.00 TOTAL $ 2,805.00 Decrease: Expenses: A43105-54870-4213 Catholic Charities $ 576.00 A43145-51010-4204 Mental Health Clinic $ 424.00 A43105-54870-4222 Cortland Regional Medical Center $ 1,328.00 A43105-54870-4216 JM Murray Center $ 477.00 TOTAL $ 2,805.00 AND BE IT RESOLVED, that contracts with Catholic Charities, Cortland Regional Medical Center and the JM Murray Center be amended to include the decrease in State Aid Funding as reflected on the added exhibit D addendum to the contract. AGENDA ITEM NO. 9 – Amend Budget and Contract Authority Department of Social Services TANF Domestic Violence Funds RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 206-15 ---PAGE BREAK--- Amend Budget and Contract Authority Department of Social Services TANF Domestic Violence Funds WHEREAS, the NYS Office of Children and Family Services has allocated TANF funds for Non-Residential Domestic Violence Services, AND WHEREAS, the Young Women’s Christian Association (YWCA) Aid to Victims of Violence (AVV) program is an authorized provider of such services, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of July 1, 2015 through June 30, 2016 with the YWCA in an amount not to exceed $24,999.00, AND BE IT FURTHER RESOLVED, that the County Treasurer is authorized to amend the 2015 Budget as follows: INCREASE: Program Expense Non-Res DV: A60105.54800.4693 current $20,499 INCREASE +$3,292.20 new = $23,791.20 INCREASE Fed-Administration Revenue: A601044.44689.4693 current $20,499 INCREASE +$3,292.20 new = $23,791.20 AGENDA ITEM NO. 10 – Create Three Temporary Case Aides, One Temporary Senior Case Aide and One Temporary Social Services Program Specialist Department of Social Services RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 207-15 Create Three Temporary Case Aides, One Temporary Senior Case Aide and One Temporary Social Services Program Specialist Department of Social Services WHEREAS, Cornell Cooperative Extension provided notification that it is terminating contract services provided to the Department of Social Services for Family Education and coaching Partnership effective September 2, 2015, AND WHEREAS, the Department of Social Services must provide such parent aide/parent training services under the federal rules governing receipt of Title XX of the Social Security Act money, AND WHEREAS, the needs of the County will be better served by creating five temporary full-time positions, three Case Aides, one Senior Case Aide and one Social Services Program Specialist, AND WHEREAS, the Health & Human Services Committee recommends the creation of these positions, NOW THEREFORE, BE IT RESOLVED, that five temporary full-time positions of three Case Aides (CSEA contract, Grade 7, $14.3752-17.8394/hr., 35 hrs, competitive class), one Senior Case Aide (CSEA contract, Grade 9, $15.2650-18.9437/hr., 35 hrs, competitive class) and one Social Services Program Specialist (CSEA contract, Grade 11, $16.2509-20.1671/hr., 35 hrs, competitive class), be created effective September 01, 2015 until December 31, 2015, AND BE IT FURTHER ---PAGE BREAK--- RESOLVED, that the County Treasurer is authorized to amend the 2015 Budget as follows: DECREASE: Regular Payroll A60105.51005 current $4,902,358 DECREASE ($56,061) new = $4,846,297 INCREASE: Temporary Payroll A60105.51015 current $43,600 INCREASE +$56,061 new = $99,661 Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 11 – Create Plan Administrator Create Secretary to the Plan Administrator Abolish/Create County Attorney (Part Time, 17 HRS/WK)/County Attorney (Part Time, 25 HRS/WK) RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 208-15 Create Plan Administrator Create Secretary to the Plan Administrator Abolish/Create County Attorney (Part Time, 17 HRS/WK)/County Attorney (Part Time, 25 HRS/WK) WHEREAS, the Cortland County Legislature adopted the Cortland County Assigned Counsel (18-B) Plan on February 26, 2015 by Resolution 61-15, AND WHEREAS, the United Court System has approved the Cortland County Bar Association Assigned Counsel Plan, AND WHEREAS, Cortland County needs to create the positions outlined in the assigned counsel plan, AND WHEREAS, that upon the filling of the Plan Administrator Position the County Attorney will no longer be acting as the Plan Administrator working an additional eight hours per week, AND WHEREAS, given the demands of the job, the Cortland County Legislature would like to increase the County Attorney hours on a permanent basis, AND WHEREAS, the Judiciary/Public Safety, Personnel and Budget and Finance Committees recommend the creation of the aforesaid positions, NOW THEREFORE BE IT RESOLVED, that one position of Plan Administrator (Grade 4, $31,484-38,304.50/year, Management Compensation Plan, exempt class, (PJC), 17 hours/week) be created effective September 1, 2015 at 12:01 AM, AND BE IT FURTHER RESOLVED, that one position of Secretary to the Plan Administrator (Grade 1, $16.4287- 19.9880/hour, Management Confidential, exempt class, (PJC), full time) be and hereby are created effective September 1, 2015 at 12:01 AM, AND BE IT FURTHER ---PAGE BREAK--- RESOLVED, that one part time position of County Attorney (Grade 1, $58,668-71,379/YR, Management Compensation Plan, exempt class, 17 HRS/WK) be and hereby is abolished effective upon the filling of the Plan Administrator, AND BE IT FURTHER RESOLVED, that one part time position of County Attorney (Grade 1, $76,480.03-93,268.56, Management Compensation Plan, exempt class, 25 HRS/WK) be and hereby is created upon the filling of the Plan Administrator, AND BE IT FURTHER RESOLVED, that the current incumbent will continue in the position, AND BE IT FURTHER RESOLVED, that the 2015 Budget be amended as follows: Decrease: A14205.54055 Professional Services $40,058 Increase: A11755.51005 ASCN Secretary to the Plan Administrator $4,600 A11755.51010 ASCN Plan Administrator $10,500 A11755.58030 ASCN FICA $1,156 A11755.58040 ASCN Workers Comp $530 A11755.58020 ASCN Retirement $2,869 A11755.58065 ASCN Vision Insurance $14 A11755.58062 ASCN Dental Insurance $48 A11755.58060 ASCN Health Insurance $10,840 A14505.51010 County Attorney Personal Services $7,502 A14505.58030 FICA $574 A14205.58020 Retirement $1425 AGENDA ITEM NO. 12 – Authorize Agreement - Law Enforcement Mutual Aid RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 209-15 Authorize Agreement - Law Enforcement Mutual Aid WHEREAS, the Cortland County Sheriff's Department, the City of Cortland Police Department and the Village of Homer Police Department all have law enforcement jurisdiction within their respective municipalities, AND WHEREAS, from time to time law enforcement demands exceed the resources of a particular law enforcement agency so that mutual assistance and cooperation from other law enforcement agencies is necessary to properly respond to the situation, AND WHEREAS, the parties above desire to enter into a mutual aid agreement providing for supplementary or specialized law enforcement assistance in times of need, NOW THEREFORE BE IT ---PAGE BREAK--- RESOLVED, that the Chair of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to execute the attached agreement between the County of Cortland, City of Cortland and Village of Homer, AND BE IT FURTHER RESOLVED that this agreement shall remain in effect until terminated by all parties thereto upon written notice setting for the date of such termination. AGENDA ITEM NO. 13 – Authorize Agreement - Joint Tactical Response Unit Team Sheriff's Department RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: George Wagner, Legislative District 15 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 210-15 Authorize Agreement - Joint Tactical Response Unit Team Sheriff's Department WHEREAS, General Municipal Law (§119-0) permits Cortland County to enter into agreements for inter-municipal or cooperative services, AND WHEREAS, Criminal Procedure Law authorizes Law Enforcement Officer to exercise certain police powers outside their geographic area of employment when a request for assistance is forthcoming from another law enforcement agency, AND WHEREAS, the residents of the city and county of Cortland will be better served through the response of a Joint Tactical Response Unit Team, AND WHEREAS, the City of Cortland Police Department and the County Sheriff’s Department have agreed to the terms set forth in the attached Inter-municipal Agreement for a Joint Tactical Response Unit Team that will be available to either participating entity in the event of an emergency, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to execute the attached agreement with the City of Cortland to participate in a Joint Tactical Response Unit Team for a term to expire December 31, 2015, AND BE IT FURTHER RESOLVED that the terms of this agreement shall continue beyond December 31, 2015 until both municipal bodies have held their annual organizational meetings, at which this agreement shall be renewed. Referred from Budget & Finance Committee AGENDA ITEM NO. 14 – Adopt Post-Issuance Bond Compliance Policy County Treasurer RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Steinhoff, Wagner, Denkenberger, Sudbrink EXCUSED: Gordon Wheelock, Susan Briggs, Kevin Whitney, Sandra Price ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 211-15 Adopt Post-Issuance Bond Compliance Policy County Treasurer WHEREAS, Cortland County is authorized to issue bonds for various capital projects/expenses, AND WHEREAS, the County Treasurer has a significant number of responsibilities following the issuance of municipal bonds, AND WHEREAS, there is a need to formally designate a compliance officer for the annual review process, record keeping and various financial compliance for bond-related projects, AND WHEREAS, the County Treasurer is the Chief Fiscal Officer for the County of Cortland, NOW THEREFORE BE IT RESOLVED that the Cortland County Legislature hereby adopts the attached Post Issuance Compliance Procedures and Guidelines, thus designating the County Treasurer as the Compliance Officer for post-issuance responsibilities. Announcements Mr. Denkenberger thanked Karen Spafford, Real Property Tax Director, for her quick efforts in assisting a fellow attendee at a recent conference when in need of emergency services. Mr. Troy said that he, Mr. Boyden, Ms. Discenza and Mr. Bushnell met with Congressman Hannah at the County Airport to discuss local aviation issues. Adjourn ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, August 27, 2015 6:00 PM Board Room 1 Salute to the Flag Roll Call Attendee Name Title Status Arrived John R Troy Legislative District 1 Present Amy Cobb Legislative District 2 Present Thomas P. Hartnett Legislative District 3 Present Richard Bushnell Legislative District 4 Present Luke Snyder Legislative District 5 Present Mary Ann Discenza Legislative District 6 Present Knolls Legislative District 7 Present Donnell Boyden Chair Present Linda Jones Legislative District 9 Present Gordon Wheelock Legislative District 10 Present Susan Briggs Legislative District 11 Present Joseph Steinhoff Legislative District 12 Excused Kevin Whitney Majority Leader Present Sandra Price Minority Leader Present George Wagner Legislative District 15 Present James Denkenberger Legislative District 16 Present Charles Sudbrink Legislative District 17 Present Approval of Minutes Cortland County Legislature - Legislative Session - Jul 23, 2015 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: George Wagner, Legislative District 15 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff Privilege of the floor Ms. Methchild Nagel spoke regarding Agenda Item No. 22. She said that the Legislature should consider a variety of medical and mental health treatment options for inmates and addicts rather than building a new jail. She said programs like the existing Alternatives To Incarceration do an admirable job of keeping people out of jail and prison and should be expanded. She added that poorer residents are more likely to spend time in jail as they can not afford bail established by the courts. Capt. Budd Rigg spoke in favor of Agenda Item No. 22. He said he agreed with Ms. Nagel that alternatives should always be an option, but that with the aging infrastructure of the current jail facility and the costs of housing inmates in other Counties a new jail is a necessity. He welcomed ---PAGE BREAK--- Legislators and the public to tour the facility, and said he will be meeting with town boards at upcoming meetings to further explain the process and reasons for moving forward. Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Receive and File Occupancy Tax 2014 Audit Report RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff 2014 Highway and Solid Waste Annual Report Cortland County Space Occupancy Cost Analysis and Cost Allocation Plan - 2014 RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Re-Appoint Member - Cortland County Board of Ethics RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF BOYDEN RESOLUTION NO. 212-15 Re-Appoint Member - Cortland County Board of Ethics WHEREAS, On August 28, 2008, the Cortland County Legislature adopted Local Law 2 of 2008 “Adopting a County Code of Ethics and Requiring Financial Disclosure by Certain County Officials and Employees,” AND ---PAGE BREAK--- WHEREAS, Local Law 2 of 2008 establishes a five-member County Board of Ethics, charged with the general responsibility for ensuring full compliance with the Code of Ethics and disclosure and which shall serve at the pleasure of the Cortland County Legislature, AND WHEREAS, the term of Lou Ann Randall, 6984 East Keeney Road, Cuyler, NY 13158, (Res. 156-10), expired 12/31/2014, NOW THEREFORE BE IT RESOLVED, that Lou Anne Randall is hereby appointed to the Board of Ethics for a term to expire 12/31/2019. AGENDA ITEM NO. 2 – Appoint County Airport Citizen's Advisory Committee Mr. Troy suggested that a legislator from the Highway Committee act as a liaison to this committee, and said he will bring that up at the next Highway meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF BOYDEN RESOLUTION NO. 213-15 Appoint County Airport Citizen's Advisory Committee WHEREAS, The County owns and operates the Cortland County Airport at Chase Field, AND WHEREAS, the County will be better served by the creation of an Airport Advisory Committee, comprised of County residents and airport users, NOW, THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby creates the Cortland County Airport Citizen's Advisory Committee, AND BE IT FURTHER RESOLVED, that the Committee shall provide advisory opinions to the Highway Committee and Legislature on airport operations and improvements, and goals for future development and financial security of the Cortland County Airport AND BE IT FURTHER RESOLVED, that the following are hereby appointed to the Cortland County Airport Citizen's Advisory Committee for a term to begin immediately and expire Dec. 31, 2015: Patrick M. Snyder Robert Buerkle 70 Port Watson Street 4056 Carr Hill Road Cortland, NY 13045 Cortland, NY 13045 David Keck Daniel McNeil 4297 Sholtz Rd. 4457 Cosmos Hill Road Oneida, NY 13421 Cortland, NY 13045 Roger Zilliox James Spallor 1691 Parker Street 851 Route 222 Cortland, NY 13045 Cortland, NY 13045 William Cobb 2891 Cincinnatus Road Cincinnatus, NY 13040 ---PAGE BREAK--- AGENDA ITEM NO. 3 – Appoint Member of Community Services Board and Mental Health Subcommittee RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF PRICE RESOLUTION NO. 214-15 Appoint Member of Community Services Board and Mental Health Subcommittee WHEREAS, the By-Laws of the Cortland County Community Services Board (CSB), Article 3, Section 1 states that the membership of the organization shall consist of fifteen (15) members, AND Article 7, Section 1 which states that membership of the Mental Health (MH) Subcommittee shall consist of nine members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Board or Subcommittee shall be four years, AND WHEREAS, there is currently one vacancy on the CSB due to the resignation of Elaine Lambert and one vacancy on the MH Subcommittee due to the resignation of Trish Hansen, NOW THEREFORE BE IT RESOLVED that the following appointments be made: NAME/ADDRESS COMMITTEE TERM EXPIRATION Tadeus Kowalski, MD CSB December 31, 2015 134 Homer Avenue Cortland NY 13045 Loreen Geiger MH Subcommittee December 31, 2016 Van Donsel Rd Cortland NY 13045 Referred from Building & Grounds Committee AGENDA ITEM NO. 4 – Accept Proposal/Authorize Agreement buildings and Grounds Utility Trac Plus RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF WHEELOCK RESOLUTION NO. 215-15 Accept Proposal/Authorize Agreement buildings and Grounds Utility Trac Plus WHEREAS, the Cortland County Buildings and Grounds Committee has received and reviewed a proposal from Facility Dude, 11000 Regency Parkway #200, Cary, North Carolina, 27518 to supply an additional module to the Facility Dude Buildings and Grounds Work Order System, named Utility Trac Plus that is cloud based, AND ---PAGE BREAK--- WHEREAS, the purpose of the Utility Trac Plus software is to track, analyze, and report on utility consumption, allowing the County to immediately identify utility problem areas throughout the facilities owned and operated by the County, as well as provide necessary summary information by utility class as required by the NYS Comptroller in the Annual Update Document (AUD), and allow for comparative analysis of operations of the Smart Watt program to assure applicable savings are generated, AND WHEREAS, the initial investment expense is $3,930 which includes $2,240 for the one time software expense, $600 for prior year data conversion and $1,090 for Utility Bill Automation and Support. Annual Support and Utility Bill automation agreement for the second year is $2,180/year ($1,290- Utility Trac License, $890 - Utility Bill Automation), NOW THEREFORE BE IT RESOLVED, that the Cortland Legislature accepts Facility Dude’s proposal and authorizes the Chairman of said Legislature to enter in an agreement with Facility Dude at a cost of $3,930.00 for the first year and $2,180.00 for subsequent year renewal for Utility Trac Plus, upon approval of the County Attorney, AND BE IT, FURTHER RESOLVED, that the County Treasurer is allowed to deduct funds for the first year of this expenditure from: A16205. 54004 B & G Software $ 3,930 AGENDA ITEM NO. 5 – Renew Agreement Constellation Energy Services of New York, Inc. (Various Locations) RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF WHEELOCK RESOLUTION NO. 216-15 Renew Agreement Constellation Energy Services of New York, Inc. (Various Locations) WHEREAS, Resolution No. 44-11 authorized the Municipal Electric and Gas Alliance (MEGA) to represent Cortland County in a bid for Electricity, AND WHEREAS, MEGA determined Constellation Energy Services of New York, Inc. 3556 Lake Shore Road, Suite 420, Buffalo, N.Y. 14219, was the lowest responsible bidder, AND WHEREAS, MEGA has extended that agreement with Constellation Energy Services of New York, Inc. from December 2, 2016 through October 27, 2018, NOW THEREFORE BE IT RESOLVED, that Cortland County renew the agreement with Constellation Energy Services of New York, Inc. Corporation for 112 River St., 159 Main St., 60 Central Ave, 49 Grant St., 54 Greenbush St., 7 Clayton Ave., 4267 Traction Drive, 37 Church St., 137 Pendleton St., and 4267 Traction Drive # HB4, 6347 Little York Lake, 922 State Route 222, 4708 Townline Rd., 46 Greenbush St., 86 Central Ave. Exterior Lighting, 1914 Tower Road, 1767 Fritts Hill Rd., 5113 Knickerbocker Road, 3297 Zelsnack Road,4563 Potter Hill Road, N. Tower Road, Richmond Hill Spur Road, Monroe Road, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby authorizes the Chairman of the Legislature, upon the approval of the County Attorney, to form, to renew an agreement with Constellation Energy Services of New York, Inc. for electricity. ---PAGE BREAK--- AGENDA ITEM NO. 6 – Authorize Agreement Folder/Sealer Machine Information Technology RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF WHEELOCK RESOLUTION NO. 217-15 Authorize Agreement Folder/Sealer Machine Information Technology WHEREAS, the Maintenance Agreement with Pitney Bowes on the County folding/sealing machine has expired on March 31st, 2015 AND WHEREAS, a Pitney Bowes Maintenance Agreement for April 1st, 2015 thru March 31st, 2016 has been received in the amount of $4,073.00 NOW, THEREFORE, BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to amend the 2015 budget and make payment in the amount not to exceed $$4,073 as follows, Make payment from account to purchase equipment with one year maintenance: A16705.54050 EQUIP MAINT/REPAIR $4,073 Budget Modification of: Increase: A16705.54050 EQUIP MAINT/REPAIR $4,073 Decrease: A16705.54065 EQUIP RENT/LEASE $4,073 , AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign an agreement on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Referred from Highway Committee AGENDA ITEM NO. 7 – Resolution to Approve Contract for Engineering Services Blodgett Mills Road Bridge (BIN 3312520) Over Tioghnioga River (NYSDOT P.I.N. 3756.04) Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF STEINHOFF RESOLUTION NO. 218-15 Resolution to Approve Contract for Engineering Services Blodgett Mills Road Bridge (BIN 3312520) Over Tioghnioga River (NYSDOT P.I.N. 3756.04) Highway Department ---PAGE BREAK--- WHEREAS, Blodgett Mills Road Bridge (BIN 3312520) over Tioughnioga River (NYSDOT P.I.N. 3756.04) was approved by Resolution #356-14, AND WHEREAS, the design phase of the Blodgett Mills Road Bridge (BIN 3312520) over Tioughnioga River (NYSDOT P.I.N. 3756.04.121, NYSDOT # D034824) has been approved by the New York State Department of Transportation for an amount of $175,000.00, AND WHEREAS, the said project is eligible for funding under the Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal Funds and 20% non-Federal Funds, AND WHEREAS, the said project is eligible for reimbursement of 15% of the project costs through the NYSDOT AID (Marchiselli Aid), thereby requiring a 5% local county share, AND WHEREAS, McFarland Johnson Inc., has been selected to perform the design and engineering services on said project, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute a contract with McFarland Johnson Inc., 49 Court Street, PO Box 1980, Binghamton NY 13021, for design and engineering services on the project, at an estimated cost not to exceed $175,00.00, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to establish the following appropriation and revenue accounts for the Local, State and Federal Shares: Increase: Expense: H51225.54055.2811 $175,000 Professional Services A99505.59950 $ 8,750 Transfer to Capital Project A359900 $ 8,750 Appropriated Fund Balance Revenue: H512243.43597.2811 $ 26,250 State Revenue H512244.44597.2811 $140,000 Federal Revenue H512248.45031.2811 $ 8,750 Interfund Transfer Revenue AGENDA ITEM NO. 8 – Amend Resolution 215-13 SRE Building Construction Cortland County Airport RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF STEINHOFF RESOLUTION NO. 219-15 Amend Resolution 215-13 SRE Building Construction Cortland County Airport WHEREAS, Resolution 215-13 approved the project to construct a Snow Removal Equipment Building at Cortland County Airport, AND WHEREAS, under said Resolution 215-13, an engineering contract was approved with McFarland Johnson, Inc., 49 Court St., P.O. Box 1980, Binghamton, NY 13902 for provision of ---PAGE BREAK--- construction administration and construction inspection, for a total amount not to exceed $65,000.00, AND WHEREAS, the scope of said engineering contract was exceeded during actual construction due to the following circumstances: - the on-site inspection for the electrical work required additional site visits and coordination due to unanticipated changes to the electrical service pole made by National Grid; - the building heating system was re-designed at the request of the County in order to provide lower material procurement and installation costs - the General Contractor’s project work operations required more site visits than anticipated due both to delays in FAA approval of a portion of the project work, and extreme winter weather that affected the building contractor’s productivity rates and overall work schedule, AND WHEREAS, due to said actual project conditions, there was an increase of $6,140.24 over said original contract amount, NOW THEREFORE BE IT RESOLVED, that contingent upon FAA approval of a change order for said additional work, the approved contract for provision of construction administration and construction inspection with McFarland Johnson, Inc., 49 Court St., P.O. Box 1980, Binghamton, NY 13902,is hereby amended by $6,140.24 for a total cost not to exceed $71,140.24, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to transfer the funds in the following expense lines Increase: Expense: H56105.54055.5625 $6,141 SRE Building Prof Services Decrease: Expense: H56105.52253.5625 $6,141 SRE Building Construction Referred from Solid Waste Committee AGENDA ITEM NO. 9 – Authorize Amnesty at County Landfill - SWCD 2015 River Cleanup RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF HARTNETT RESOLUTION NO. 220-15 Authorize Amnesty at County Landfill - SWCD 2015 River Cleanup WHEREAS, the Cortland County Soil and Water Conservation District is coordinating the Cortland County River Clean-Up for September 26, 2015, as part of the ongoing commitment to water quality improvement and conservation education, AND WHEREAS, the Cortland County Soil and Water Conservation District has requested an exemption from the tipping fees at the Cortland County Landfill for trash and debris collected during the Cortland County River Clean-Up event, AND ---PAGE BREAK--- WHEREAS, the Solid Waste Committee has approved this request for amnesty, NOW THEREFORE BE IT RESOLVED, that the Division of Solid Waste is hereby authorized and directed to grant amnesty for the tipping fees for the trash and debris delivered to the landfill as a result of the Cortland County River Clean-Up from September 26, 2015. AGENDA ITEM NO. 10 – Waive Landfill Tipping Fee - JAG Environmental Corp. Solid Waste/Landfill Mr. Troy made a motion to amend the resolution to waive only late fees and penalties associated with the account (rather than the full request of $28,529), as long as payment is made in full within 30 days. Second by Mr. Wagner. At Ms. Briggs' suggestion Mr. Troy amended his resolution to 45 days, and that any business conducted by the company prior to payment in full be paid in cash on delivery. Ms. Briggs seconded the motion, as amended. All members voting in favor of the amendment; none opposed. Chairman Boyden then called the vote on the resolution, as amended. Mr. Sudbrink was opposed. RESULT: ADOPTED AS AMENDED [15 TO 1] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger NAYS: Charles Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF HARTNETT RESOLUTION NO. 221-15 Waive Landfill Tipping Fee - JAG Environmental Corp. Solid Waste/Landfill WHEREAS, JAG Environmental LLC., 6189 E Taft Rd, Syracuse, NY, contracted with SUNY Cortland for the demolition and removal of tennis courts on Pashley Drive in the City of Cortland, AND WHEREAS, JAG Environmental drastically underestimated the scope and associated tonnage of the project to be tipped at the County landfill, amassing a total bill of $228,529, for nearly 3,800 tons of material, thus creating a "unexpected financial hardship," on the company, AND WHEREAS, contingent upon clearing of payment in the amount of $200,000, the Solid Waste Committee recommends the County Legislature provide a waiver of the tipping fee on approximately 475.5 tons of waste received, (approximate remaining balance of $28,529, as well as $9,232.58 in associated interest for past due payment for June, July), NOW, THEREFORE BE IT RESOLVED, that the Cortland County Legislature amends the Solid Waste Committee’s recommendations and that the Division of Solid Waste is hereby authorized and directed to allow a one- time waiver of the interest and late fees accrued ($9,232.58), contingent upon payment made in full on the account within 45 days ($28,529), AND BE IT FURTHER RESOLVED, that any deliveries to the landfill made by JAG Environmental shall be Cash on Delivery until the account is paid in full. Referred from Health & Human Services Committee AGENDA ITEM NO. 11 – Authorize Agreement/Amend Budget Health Department/Advancing Tobacco Free Communities Grant (American Lung Association of the Northeast) ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF PRICE RESOLUTION NO. 222-15 Authorize Agreement/Amend Budget Health Department/Advancing Tobacco Free Communities Grant (American Lung Association of the Northeast) WHEREAS, the Advancing Tobacco Free Communities Grant, Contract #C-029671 from the New York State Department of Health requires the Cortland County Health Department contribute 10% ($32,500) of their grant budget to a statewide media project (“ATFC Media Project”), AND WHEREAS, the American Lung Association of the Northeast (“ALANE”) administers the ATFC Media Project, on behalf of NYSDOH, AND WHEREAS, through a signed MOU, ALANE will bill the Cortland County Health Department $32,500 for their contribution to the ATFC Media Project in quarterly invoices using the following schedule: August 1st, October 1st, January 1st, and April 1st, AND WHEREAS, Cortland County Health Department will agree to the terms to pay all invoices received from ALANE within the standard 21 day payment terms, to be reimbursed through the Advancing Tobacco Free Communities Grant Expenditure Account A40105.54060.4002 (Legal Advertising), AND WHEREAS, there are not enough funds in the 2015 County Budget to cover this cost, AND WHEREAS, the 2015 County Budget shall be amended as follows: Increase: A40105.54060.4002 Legal Advertising Current: $50,200 Increase: $32,500 Decrease: A40105.54055.4002 Professional Services Current: $80,054 Decrease:-$32,500 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign a Memorandum of Understanding with American Lung Association of the Northeast and authorizes the Cortland County Treasurers office to release funds accordingly. AGENDA ITEM NO. 12 – Authorize Agreement Rental of JM McDonald Center by Cortland County Employment and Training RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 223-15 Authorize Agreement Rental of JM McDonald Center by Cortland County Employment and Training WHEREAS, the Cortland County Employment and Training Department is desirous of contracting with the J. M. McDonald Center for the rental of their facility on October 22, 2015. The facility will be used to host the 2015 Job Fair that benefits job seekers and businesses of Cortland County and other contiguous counties, AND WHEREAS, the $350.00 funding needed for this Agreement is provided in the Workforce Innovation and Opportunity Act (WIOA) 2015-2016 budget and will be paid through Account # D1451504, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby authorized to sign an Agreement for the time period beginning and ending on October 22, 2015. AGENDA ITEM NO. 13 – Amend Budget - Area Agency on Aging (Balancing Incentive Program - BIP) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF PRICE RESOLUTION NO. 224-15 Amend Budget - Area Agency on Aging (Balancing Incentive Program - BIP) WHEREAS, the New York State Office for the Aging has made available the sum of $28,439 under the Balancing Incentive Program, CFDA No. 93.778, for the expansion and enhancement of the NY Connects program for the period April 1, 2014 through December 31, 2016, through Area Agency on Aging Revenue Account No. A677243-43772 15BIP, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: A677243-43772 15BIP current $53,863 INCREASE + $28,439 new = $82,302 A67725-52005 15BIP current $0 INCREASE + $ 1,500 new = $1,500 A67725-52010 15BIP current $0 INCREASE + $ 4,450 new = $4,450 A67725-52060 15BIP current $0 INCREASE +$10,650 new = $10,650 A67725-54000 15BIP current $0 INCREASE +$800 new = $800 A67725-54003 15BIP current $0 INCREASE + $2,174 new = $2,174 A67725-54004 15BIP current $0 INCREASE +$4,400 new = $4,400 A67725-54005 15BIP current $0 INCREASE +$3,540 new = $3,540 A67725-54050 15BIP current $0 INCREASE +$300 new = $300 A67725-54060 15BIP current $0 INCREASE +$625 new = $625 AGENDA ITEM NO. 14 – Amend Budget - Area Agency on Aging (Community Services for the Elderly Program) ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF PRICE RESOLUTION NO. 225-15 Amend Budget - Area Agency on Aging (Community Services for the Elderly Program) WHEREAS, the New York State Office for the Aging has made available the sum of $5,438 under the Community Services for the Elderly Program, for the period April 1, 2015 through March 31, 2016, through Area Agency on Aging Revenue Account No. A677243-43772 4324, AND WHEREAS, a portion of these funds will be utilized to fill a Secretary I vacancy for the Area Agency on Aging office before paid leave accruals have been exhausted, in order to fully train the new person before the commencement of the 2015 Medicare Part D annual enrollment period and HEAP program, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: A677243-43772 4324 current $59,525 INCREASE +$5,438 new = $64,963 A67725-51005 4324 current $63,798 INCREASE +$4,476 new = $68,274 A67725-54003 4324 current $0 INCREASE +$762 new = $762 A67725-54076 4324 current $0 INCREASE +$200 new = $200 AGENDA ITEM NO. 15 – Amend Budget - Area Agency on Aging (Medicare Improvements for Patients and Providers Act – MIPPA) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF PRICE RESOLUTION NO. 226-15 Amend Budget - Area Agency on Aging (Medicare Improvements for Patients and Providers Act – MIPPA) WHEREAS, the New York State Office for the Aging has made available the sum of $10,209 under the Medicare Improvements for Patients and Providers Act (MIPPA), CFDA No. 93.071, for the period September 30, 2014 through September 29, 2015, through Area Agency on Aging Revenue Account No. A677243-43772 4338, AND WHEREAS, these funds will be utilized to fill an Aging Services Specialist vacancy for the Health Insurance Information, Counseling and Assistance Program (HIICAP) responsibilities in the NY Connects office before paid leave accruals have been exhausted, in order to fully train the new person before the commencement of the 2015 Medicare Part D annual enrollment period, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: ---PAGE BREAK--- A67725-51005 4338 current $28,170 INCREASE + $10,209 new = $38,379 A677243-43772 4338 current $33,170 INCREASE + $10,209 new = $43,379 AGENDA ITEM NO. 16 – Amend 2015 Budget Health Department/Early Intervention (EI Escrow) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF PRICE RESOLUTION NO. 227-15 Amend 2015 Budget Health Department/Early Intervention (EI Escrow) WHEREAS, Resolution No. 84-13 allowed Cortland County Health Department to enter into an agreement with New York State Department of Health, Bureau of Intervention requiring payment of Early Intervention claims through a State approved fiscal agent, pursuant to amendments made to Section 2557 by Chapter 56 of the Laws of 2012, AND WHEREAS, the number of services delivered and billed has exceeded the projected budgeted amount, AND WHEREAS, this is a mandated expense for the County, NOW THEREFORE BE IT RESOLVED, that the 2015 Budget is hereby amended as follows: Increase: A40595.54500.4052 Medical Fees Current $79,444 Increase $50,000 A405944.44451 EI Admin Revenue Current – ($274,356) Increase - $24,500 $25,500 Decrease: A29605.54445 PreK Tuition Current $1,705,404 Reduce - $50,000 A296043.43277 PreK Revenue Current – ($1,277,075) Reduce $24,500 - $25,500 Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 17 – Accept Funds/ Amend 2015 Budget Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Gary and Christine Slade’s Peaceful Valley Farm in The Towns of Homer and Scott) Contract Number C800814 Mr. Denkenberger made a motion to approve this and the next three resolutions as a consent agenda. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Mr. Whitney made a motion to approve the consent agenda. Second by Mr. Bushnell. All members voting in favor; none opposed. The four resolutions were approved. ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF TROY RESOLUTION NO. 228-15 Accept Funds/ Amend 2015 Budget Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Gary and Christine Slade’s Peaceful Valley Farm in The Towns of Homer and Scott) Contract Number C800814 WHEREAS, on July 24, 2014, Resolution 228-14 was passed by the Cortland County Legislature supporting an application for State Assistance Payments under the New York State Bond Act to Purchase Development Rights on the Gary and Christine Slade Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND WHEREAS, the Department of Agriculture and Markets of the State of New York has awarded Cortland County an Agricultural and Farmland Protection Implementation Grant for the purpose of acquiring conservation easements in relation to the farm owned by Gary and Christine Slade in the Towns of Homer and Scott, Cortland County, AND WHEREAS, the Department of Agriculture and Markets has provided written agreements describing the terms and conditions of the grants known in the amount not to exceed $2,000,000.00 for acquiring conservation easements regarding the Gary and Christine Slade Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND WHEREAS, while Cortland County has no executed contract with New York State Department of Agriculture and Markets at this time, an advance payment was received for the following services: title report; 50% of cost of project partners’ staff time and 50% of cost for Grantee legal fees for the purchase of the conversation easement for a Farmland Implementation Grant for Gary and Christine Slade’s Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County in the amount of $9,000.00, AND WHEREAS, any remaining funds available from this advance payment will be automatically rolled to the 2016 Budget, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature upon review and approval of the Director of Budget and Finance is hereby authorized to accept, record and modify the budget for the advance payment from New York State Department Agriculture and Markets for the following services in the amount of $9,000: title report; 50% cost of projects partner’s staff time and 50% of cost of Grantee legal fees for the purchase of the conversation easement for a Farmland Protection Implementation Grant for Gary and Christine Slade’s Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, to budget account A802343-43989-15SPV, to note that any unspent funds must be carried forward in future year budgets until all allowed provided and allowable funds have been expensed, AND BE IT FURTHER RESOLVED, that the 2015 budget be amended as follows: INCREASE Appropriations A87555-54120-15SPV State Aid - Ag & Markets $9,000.00 Slade/Peaceful Valley Farm INCREASE Revenue A875543-43989-15SPV State Aid - Ag & Markets $9,000.00 ---PAGE BREAK--- Slade/Peaceful Valley Farm AGENDA ITEM NO. 18 – Accept Funds/ Amend 2015 Budget Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Jeanne Underwood’s Gladtime Farm in The Town of Preble) Contract Number C800815 RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF TROY RESOLUTION NO. 229-15 Accept Funds/ Amend 2015 Budget Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Jeanne Underwood’s Gladtime Farm in The Town of Preble) Contract Number C800815 WHEREAS, on July 24, 2014, Resolution 229-14 was passed by the Cortland County Legislature supporting an application for State Assistance Payments under the New York State Bond Act to Purchase Development Rights on Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, AND WHEREAS, the Department of Agriculture and Markets of the State of New York has awarded Cortland County an Agricultural and Farmland Protection Implementation Grant for the purpose of acquiring conservation easements in relation to the farm owned by Jeanne Underwood in the Town of Preble, Cortland County, AND WHEREAS, the Department of Agriculture and Markets has provided written agreements describing the terms and conditions of the grants known in the amount not to exceed $936,260.00 for acquiring a conservation easement regarding Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, AND WHEREAS, while Cortland County has no executed contract with New York State Department of Agriculture and Markets at this time, an advance payment was received for the following services: title report; 50% of cost of project partner’s staff time and 50% of cost of Grantee legal fees for the purchase of the conservation easement for a Farmland Protection Implementation Grant for Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County in the amount of $9,650, AND WHEREAS, any remaining funds available from this advance payment will be automatically rolled to the 2016 Budget, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature upon review and approval of the Director of Budget and Finance is hereby authorized to accept, record and modify the budget for the advance payment from New York State Department Agriculture and Markets for the following services in the amount of $9,650: title report; 50% cost of projects partner’s staff time and 50% of cost of Grantee legal fees for the purchase of the conversation easement for a Farmland Protection Implementation Grant for Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, to budget account A875543-43989-15UGF, to note that any unspent funds must be carried forward in future year budgets until all allowed provided and allowable funds have been expensed, AND BE IT FURTHER RESOLVED, that the 2015 budget be amended as follows: INCREASE Appropriations A87555-54120-15UGF State Aid - Ag & Markets $9,650.00 ---PAGE BREAK--- Underwood/Gladtime Farm INCREASE Revenue A875543-43989-15UGF State Aid - Ag & Markets $9,650.00 Underwood/Gladtime Farm AGENDA ITEM NO. 19 – Amend Resolution 189-15 Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Gary and Christine Slade’s Peaceful Valley Farm in The Towns of Homer and Scott) Contract Number C800814 Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF TROY RESOLUTION NO. 230-15 Amend Resolution 189-15 Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Gary and Christine Slade’s Peaceful Valley Farm in The Towns of Homer and Scott) Contract Number C800814 Cortland County Planning Department WHEREAS, on July 24, 2014, Resolution 228-14 was passed by the Cortland County Legislature supporting an application for State Assistance Payments under the New York State Bond Act to Purchase Development Rights on the Gary and Christine Slade Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND WHEREAS, on June 25, 2015, Resolution 189-15 was passed by the Cortland County Legislature to authorize an agreement between Cortland County and the New York State Department of Agriculture and Markets and to Amend 2015 Budget to establish expense and revenue accounts for obtaining conservation easements by Cortland County on Gary and Christine Slade’s Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND WHEREAS, Resolution 189-15 did not include that the acquisition of conservation easements on Gary and Christine Slade’s Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County is subject to acceptance by and transfer of these conservation easements to the New York Agricultural Land Trust (NYALT) upon implementation and obtainment of the conservation easements by Cortland County on Gary and Christine Slade’s Peaceful Valley Farm in the Towns of Homer and Scott, Cortland County, AND WHEREAS, Resolution 189-15 indicates an amendment to the 2015 Budget to include funding from the New York State Department of Agriculture and Markets to acquire a conservation easement on the Gary and Christine Slade Peaceful Valley Farm, AND WHEREAS, the fiscal account codes and balances for the Slade/Peaceful Valley Farm expense and reserve accounts as noted in the fiscal information were incorrect, NOW THEREFORE BE IT RESOLVED, that Resolution 189-15 be amended to include that the acquisition of conversation easements on Gary and Christine Slade’s Peaceful Valley Farm in the Town of Homer and Scott, Cortland County is subject to acceptance by and transfer of these conservation easements to the New York Agricultural Land Trust (NYALT) upon implementation and obtainment of the conservation easements by Cortland County on Gary and Christine Slade’s Peaceful Valley Farm in the Towns of ---PAGE BREAK--- Homer and Scott, Cortland County, and where these funds must be carried forward into the future budgets if not expensed prior to year-end 2015, AND BE IT FURTHER RESOLVED, that the County Treasurer be allowed to amend the 2015 budget as follows: Increase A87555-54120-15SPV Slade/Peaceful Valley Farm $2,000,000 Increase A875543-43989-15SPV A&M/Slade Peaceful Valley Farm $2,000,000 Decrease A80235-54120 Slade/Peaceful Valley Farm $2,000,000 Decrease A802343-43989 State Aid-Ag & Markets $2,000,000 AGENDA ITEM NO. 20 – Amend Resolution 188-15 Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Jeanne Underwood’s Gladtime Farm in The Town of Preble) Contract Number C800815 Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF TROY RESOLUTION NO. 231-15 Amend Resolution 188-15 Cortland County and New York State Department of Agriculture and Markets (Acquiring a Conservation Easement on Jeanne Underwood’s Gladtime Farm in The Town of Preble) Contract Number C800815 Cortland County Planning Department WHEREAS, on July 24, 2014, Resolution 229-14 was passed by the Cortland County Legislature supporting an application for State Assistance Payments under the New York State Bond Act to Purchase Development Rights on Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, AND WHEREAS, on June 25, 2015, Resolution 188-15 was passed by the Cortland County Legislature to authorize an agreement between Cortland County and New York State Department of Agriculture and Markets and to Amend 2015 Budget to establish expense and revenue accounts for obtaining conservation easements by Cortland County on Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, AND WHEREAS, Resolution 188-15 did not include that the acquisition of conservation easements on Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, is subject to acceptance by and transfer of these conservation easements to the New York Agricultural Land Trust (NYALT) upon implementation and obtainment of the conservation easements by Cortland County on Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, AND WHEREAS, Resolution 188-15 indicates an amendment to the 2015 Budget to include funding from the New York State Department of Agriculture and Markets to acquire a conservation easement on Jeanne Underwood's Gladtime Farm, AND WHEREAS the fiscal account codes and balances for the Underwood/Gladtime Farm expense and reserve accounts as noted in the fiscal information were incorrect, NOW THEREFORE BE IT RESOLVED, that Resolution 188-15 is amended to include that the acquisition of conversation easements on Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County is subject to acceptance by and transfer of these conservation easements to the New York Agricultural Land Trust (NYALT) upon implementation and obtainment of the conservation easements by Cortland County on ---PAGE BREAK--- Jeanne Underwood’s Gladtime Farm in the Town of Preble, Cortland County, and where these funds must be carried forward into future budgets if not expensed prior to year end 2015, AND BE IT FURTHER RESOLVED, that the County Treasurer be allowed to amend the 2015 budget as follows: Increase A87555-54120-15UGF Underwood Gladetime Farm $936,260 Increase A875543-43989-15UGF A&M/Underwood Gladtime Farm $936,260 Decrease A80235-54120 Slade/Underwood Gladtime Farm $936,260 Decrease A802343-43989 State Aid-Ag & Markets $936,260 Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 21 – Amend 2015 Budget/Transfer Funds Sheriff's Department/Jail (Miscellaneous Services) RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF BUSHNELL RESOLUTION NO. 232-15 Amend 2015 Budget/Transfer Funds Sheriff's Department/Jail (Miscellaneous Services) WHEREAS, due to the increase in inmates being boarded out in 2015, AND WHEREAS, the cost of Miscellaneous Support Services has increased to beyond the Budgeted amount causing a deficit in the Miscellaneous support Services Account, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget is hereby amended as follows: DECREASE: Contingency Account A19905-54775 $150,000 INCREASE: Jail- Misc. Support Services A31505-54083 Original Budget $250,000 - increase $150,000 to $400,000 AGENDA ITEM NO. 22 – Authorize Agreement - SMRT/Phase I Public Safety Complex Sheriff's Department Mr. Denkenberger stated that this resolution is only for Phase 1, and does not commit the County to a new jail at this point. Ms. Briggs said while she is not opposed to a new jail, but that this resolution nor any supporting documentation has indicated how the County will pay for a new jail, if a proper site is selected during this Phase 1 process. Budget & Finance Director Peggy Mousaw said that a new jail would be financed through the issuance of municipal bonds, but this resolution is a necessary step prior to considering actual construction. Mr. Bushnell said a new site must be approved by the Department of Corrections, and Phase 1 will evaluate up to six potential sites to present to the Department of Corrections (DOC). Ms. Mousaw said that new operational jail will take about three years, and every delay is costing the County money in housing out inmates, transportation and overtime. There are also nearly $1.5 million in infrastructure repairs ---PAGE BREAK--- and maintenance that will need to be addressed if a new jail is not built. She said that the County is also expecting a report from the DOC that may require an additional 12-16 officers to properly oversee the existing jail. Mr. Hartnett said nearly $5 million has been spent in housing out inmates in recent years, and a new jail would not only avoid this cost but potentially provide a revenue source by housing inmates from neighboring counties. Sheriff Lee Price said the DOC has granted a temporary variance to house 33 additional inmates in the renovated jail gymnasium, based upon the County moving forward with a new jail project. He said this variance could be taken away if the project does not move forward. He said that the original plans for the current jail were for 100 inmates, but was reduced to only 50, which has put the County in the position it is in today. Chairman Boyden said that Mr. Arthur Thompson of SMRT is in attendance if the Legislature has any further questions. There were none, and Chairman Boyden called for the vote. RESULT: ADOPTED [14 TO 2] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Amy Cobb, Susan Briggs EXCUSED: Joseph Steinhoff ON MOTION OF BUSHNELL RESOLUTION NO. 233-15 Authorize Agreement - SMRT/Phase I Public Safety Complex Sheriff's Department WHEREAS, Cortland County issued a Request for Proposals in July of 2014 for Professional Consulting Architectural and Engineering Services for the design and construction of a new Public Safety Complex, AND WHEREAS, two proposals were received, by SMRT Architects & Engineers PC and LaBella Associates, AND WHEREAS, both firms were interviewed and their respective proposals were thoroughly reviewed and found to be responsible proposals, with SMRT Architects & Engineers, PC, provided the low-cost proposal, AND WHEREAS, the proposal allows for a phased approach to the project, with Phase 1 to include project development, pre-architectural planning and site assessment for a cost not to exceed $149,881, (total estimated cost of services of $3,243,275.00), AND WHEREAS, the Judiciary & Public Safety Committee unanimously endorsed an agreement with SMRT for Phase 1 of the proposal, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to execute a contract with SMRT Architects and Engineers, 11 Century Hill Drive, Latham, NY 12110, for Phase 1 of their proposal for the design and construction of a new Public Safety Complex, to be paid out of account #A31505.52320, AND BE IT FURTHER RESOLVED, that the 2015 budget is hereby amended as follows: Current Decrease A30205.54004 $162,486 Reduce $131,881 New $ 30,605 Decrease A11755.58060 $ 36,480 Reduce $ 18,000 New $ 18,480 Increase A31505.54055 $ 0 Increase $149,881 New $149,881 ---PAGE BREAK--- AGENDA ITEM NO. 23 – Authorize Agreement 911 Paging System Preventative Maintenance RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF BUSHNELL RESOLUTION NO. 234-15 Authorize Agreement 911 Paging System Preventative Maintenance WHEREAS, Cortland County currently has a three year contract for preventative maintenance for the Ultra High Frequency (UHF) paging system purchased from and installed by United Radio Service, 5706 Enterprise Parkway, East Syracuse, NY 13057, which expires 12/31/2015 per Resolution 362-12 and Contract 382-12, AND WHEREAS, this paging equipment is used by the County’s 911 Center to notify first-responders in the County of fire and medical emergencies in progress, AND WHEREAS, the County Attorney has agreed that United Radio Service of East Syracuse, NY, is the preferred vendor of choice based on their knowledge, expertise and service record, NOW THEREFORE BE IT RESOLVED, that the County of Cortland enter into an agreement with United Radio Service for another three years to expire on 12/31/2018 to provide maintenance of all UHF paging equipment purchased therein, AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney, is hereby authorized to execute an agreement for 2016-2018 with United Radio Service for UHF pager maintenance, the term of which will be begin January 1, 2016 and end December 31, 2018, the sum of payments for the agreement is not to exceed $10,510.71 annually or $31,532.13 over the term of the agreement. AGENDA ITEM NO. 24 – Create Second Canine Trained Officer Position - Sheriff's Department RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF BUSHNELL RESOLUTION NO. 235-15 Create Second Canine Trained Officer Position - Sheriff's Department WHEREAS, the Sheriff would like to create a Second Canine Handler Trained Officer position in the department, AND WHEREAS, the Town of Cortlandville has paid for the Canine and a portable kennel for the Canine, AND WHEREAS, the Town of Cortlandville has agreed to pay for the Sheriff Department Officer's training as per a contract with Castle's K9, Inc. of Mechanicsburg, PA in the amount of $15,105.00, plus allowable meals in an total expense not to exceed $500, AND ---PAGE BREAK--- WHEREAS, per the County Police Association Agreement recognizes additional compensation to the respective Trained Officer for care of the dog, NOW THEREFORE BE IT RESOLVED, the Cortland County Legislature approves of the following: · a Second Canine in the Sheriff's department for use in the interdiction of drugs and active patrol, · appropriate compensation to the Trained Officer as per union contract, and hereby authorizes the Chairman of the Board of Legislature to sign the contract allowing the Sheriff's Officer to travel to with a county vehicle to pick out a canine and attend the canine training, contingent upon payment made by the Town of Cortlandville directly to Castle’s K9, Inc. Referred from Personnel Committee AGENDA ITEM NO. 25 – Amend Cortland County Legislature's Rules of Order Ms. Price and Mr. Snyder pulled the resolution from consideration to allow additional time to consider the changes. RESULT: PULLED ON MOTION OF PRICE RESOLUTION NO. 257-15 Amend Cortland County Legislature's Rules of Order WHEREAS, the County Legislature shall appoint a Clerk of the Legislature, County Attorney, Public Defender and Veterans Services Officer every two years at its biennial organizational meeting, AND WHEREAS, the Legislature wishes to provide for a fair and non-political process for said appointments, AND WHEREAS, the County Personnel Committee recommends this process be included in the Rules of Order, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature's Rules of Order are hereby amended, by at least a two-thirds majority, to reflect the attached changes. Referred from Budget & Finance Committee AGENDA ITEM NO. 26 – Amend Petty Cash Resolution 178-11/Authorize Legislature Account RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Joseph Steinhoff ON MOTION OF WHITNEY RESOLUTION NO. 236-15 Amend Petty Cash Resolution 178-11/Authorize Legislature Account WHEREAS, it is necessary for many departments to have cash on hand for daily operations and ---PAGE BREAK--- emergency situations, AND WHEREAS, the County has adopted a policy covering the Collection, Handling and Disbursement of Departmental Funds, NOW, THEREFORE BE RESOLVED, that the following departments be allocated the amounts below for petty cash accounts, and that said accounts be administered in accordance with the County’s duly adopted Collection, Handling and Disbursement of Departmental Funds Policy. PETTY CASH ACCOUNTS August 2015 Object Department $ Amount 121001 County Clerk 1,300 121002 Probation 300 121003 Budget & Finance 500 121004 Sheriff 1,500 121005 Treasurer 100 121007 Mental Health 75 121008 Public Health Administration - 0 - Public Health -Early Intervention - 0 - 121010 Office for Aging -Nutrition 500 121011 Public Health - Nursing 50 121015 Real Property 25 121016 District Attorney 50 121017 Planning 25 121021 Solid Waste 500 121022 Board of Elections 100 121024 Weights & Measures 150 121026 Social Services 100 121028 PH-Environmental Health 150 121035 PH - Jacobus Center 150 121029 County Administrator - 0 - 121030 County Legislature - 0 - Announcements Adjourn ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, September 24, 2015 6:00 PM Board Room Public Hearings 1. Public Hearing - Local Law of 2015 - a Local Law to Rescind Local Law 2 of 2011 Clerk of the Legislature Jeremy Boylan opened the Public Hearing. There was no one present who wished to address the Legislature, so the public hearing was closed. 2. Public Hearing - Local Law of 2015 - Extend Cortland County Mortgage Recording Tax Clerk of the Legislature Jeremy Boylan opened the Public Hearing. There was no one present who wished to address the Legislature, so the public hearing was closed. Salute to the Flag Roll Call Attendee Name Title Status Arrived John R Troy Legislative District 1 Present Amy Cobb Legislative District 2 Excused Thomas P. Hartnett Legislative District 3 Present Richard Bushnell Legislative District 4 Present Luke Snyder Legislative District 5 Present Mary Ann Discenza Legislative District 6 Present Knolls Legislative District 7 Present Donnell Boyden Chair Present Linda Jones Legislative District 9 Present Gordon Wheelock Legislative District 10 Present Susan Briggs Legislative District 11 Present Joseph Steinhoff Legislative District 12 Present Kevin Whitney Majority Leader Present Sandra Price Minority Leader Excused George Wagner Legislative District 15 Present James Denkenberger Legislative District 16 Present Charles Sudbrink Legislative District 17 Present ---PAGE BREAK--- Approval of Minutes Cortland County Legislature - Legislative Session - Aug 27, 2015 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price Privilege of the floor Ms. Pam Jenkins spoke in opposition to Agenda Item No. 6. She said the County has spent over $250,000 on a proposed Ash for Trash deal with Onondaga County. She said the public has not voted on this project and spending any more money should not be authorized. She said Mr. Snyder has already been paid $12,000, and the proposed resolution states that the costs have exceeded the previously authorized amount. She said the proposed resolution does not say how the new money will be spent and she asked that the resolution be pulled from the agenda Dr. Metchild Nagel spoke in favor of agenda items 22 and 23, stating that Legislators are working for the public good and should be paid accordingly. She said that in the interest of the public good, the proposed jail project is not necessary and that alternatives to incarceration should be considered. She said electronic monitoring should be utilized more, and drug treatments and other mental health services should be enacted instead of jail time. She said the bail system also needs to be addressed because many inmates are serving time simply because they can't afford bail payments. Proclamations & Recognitions Proclaiming October as Disability Employment Awareness Month Mr. Boylan read the proclamation and Ms. Discenza presented it to Chad Underwood and Aaron Beier of Access To Independence. Mr. Underwood thanked the Legislature for their support and stated that this is the 25th anniversary of the Americans with Disabilities Act, and that many advancements have been made as a result, people with disabilities still have the same employment rate they did 25 years ago. Presentation of Petitions, Communications, and Notice Receive and File 2014 Annual Report - Health Department ---PAGE BREAK--- RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Authorize Financial Support for Certiorari Tax Proceedings in Virgil RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF BOYDEN RESOLUTION NO. 237-15 Authorize Financial Support for Certiorari Tax Proceedings in Virgil WHEREAS, A Certiorari Proceedings have been filed in the town of Virgil, AND WHEREAS, Cortland County has a direct financial interest in the outcome and/or settlement of said proceedings, with an estimated cost breakdown of 50% to the school district, 40% to the County and 10% to the town, AND WHEREAS, the Cortland County Legislature supports litigating certain Certiorari proceedings, NOW THEREFORE BE IT RESOLVED that the Cortland County Legislature hereby pledges financial support, up to 40% of each litigated proceeding and associated appraisal fees for the attached parcels currently under consideration. Referred from Building & Grounds Committee AGENDA ITEM NO. 2 – Authorize Renewal Amendment (Time Warner Cable) RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ---PAGE BREAK--- ON MOTION OF WHEELOCK RESOLUTION NO. 238-15 Authorize Renewal Amendment (Time Warner Cable) WHEREAS, Cortland County contract with Time Warner Cable for Internet access for County Departments has expired, AND WHEREAS, a renewal Service Agreement has been negotiated Time Warner Cable for Internet access of twice what we previously for the same price we are paying now, was 10mb for $785/month and will be 20mb for 785/month for 36 months for a total contract price of $28,260 with a one-time $100 installation fee. Total Contract Price: $28,260 to be paid out of account #A16105-54000 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the renewal Service Agreement on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 3 – Authorize Renewal Amendment (Time Warner Cable - Phone Service) RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF WHEELOCK RESOLUTION NO. 239-15 Authorize Renewal Amendment (Time Warner Cable - Phone Service) WHEREAS, Cortland County contract with Time Warner Cable for Phone Service for County Departments has expired, AND WHEREAS, a renewal Service Agreement has been negotiated with Time Warner Cable for Phone Service by switching from PRI circuits for incoming phone service to the new SIP service that is compatible with our new phone system, AND WHEREAS, the County will see a savings of between $186 and $800 for the period of 36 months with a payment not to exceed $2,000 based on actual long distance calls made with a Total Contract Price not to exceed: $72,000 and a one-time installation fee of $100 all to be paid out of account #A16105-54000 (Telephone Shared Services - Telephone) for the remainder of 2015, with the rest to be budgeted in future budgets, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the renewal Service Agreement on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 4 – ACCEPT PROPOSAL/AUTHORIZE AGREEMENT J.D. Ferro Roofing BUILDINGS AND GROUNDS ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF WHEELOCK RESOLUTION NO. 240-15 ACCEPT PROPOSAL/AUTHORIZE AGREEMENT J.D. FERRO ROOFING - BUILDINGS AND GROUNDS WHEREAS, the Cortland County Buildings and Grounds Committee is desirous of a roof repair and/or ice shield at the County Office Building, AND WHEREAS, the Buildings and Grounds Committee has solicited proposals in accordance with the County Purchasing Policy for public works under $4,999, AND WHEREAS, J.D. Ferro Roofing, LLC., 390 State Route 13 Cortland, N.Y. 13045 has submitted the lowest proposal, AND WHEREAS, Account # A16205.54076 (Buildings & Grounds - will be utilized to fund this expense, AND WHEREAS, the funds required for this repair is $2,584.00 be approved for disbursement, NOW THEREFORE BE IT RESOLVED, that the Cortland Legislature accepts the proposal from J.D. Ferro Roofing, LLC., 390 State Route 13 Cortland , N.Y., 13045 and authorizes the Chairman of said Legislature to enter in an agreement with J.D. Ferro Roofing, LLC., for the proposed cost of $2,584.00 for the solicited services upon approval of the County Attorney. Referred from Solid Waste Committee AGENDA ITEM NO. 5 – Reject Solid Waste Equipment Bid One Used Truck Tractor RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF HARTNETT RESOLUTION NO. 241-15 Reject Solid Waste Equipment Bid One Used Truck Tractor WHEREAS, the Highway Superintendent advertised, received and opened bids for a used Truck Tractor, AND WHEREAS, the bids for the used Truck Tractor are as follows: ---PAGE BREAK--- Used Truck Tractor BIDDER BID Beam Mack Sales and Service, Inc. $69,750.00 6260 East Malloy Road. Used 2011 Mack East Syracuse, NY 13057 333,000 Miles Tracey Road Equipment, Inc. $105,165.00 6803 Manlius Center Road New 2016 East Syracuse, NY 13057 Western Star , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Solid Waste Committee, the County Legislature hereby rejects the bids for the Used Truck Tractor. AGENDA ITEM NO. 6 – Authorize Contract Amendment - Pat Snyder Esq. / SEQR - Solid Waste Division Ms. Briggs asked about the scope of work involved. Mr. Boylan said that Mr. Snyder would be working as the County's environmental counsel to complete the SEQR process and the Finding Statement in the proposed agreement with Onondaga County. The County is also considering accepting ash material from OCRRA to use as Alternate Daily Cover, and a contract with OCRRA, similar to the five-year agreement they have with Madison County, would also require SEQR approval. Ms. Briggs asked that she be provided with a copy of the previous agreement with Mr. Snyder. RESULT: ADOPTED [10 TO 5] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Boyden, Wheelock, Steinhoff, Whitney, Sudbrink NAYS: Knolls, Jones, Briggs, Wagner, Denkenberger EXCUSED: Amy Cobb, Sandra Price ON MOTION OF HARTNETT RESOLUTION NO. 242-15 Authorize Contract Amendment - Pat Snyder Esq. / SEQR - Solid Waste Division WHEREAS, Resolution 237-13 authorized an agreement with Attorney Patrick Snyder, 70 Port Watson Street, Cortland NY for professional/legal/environmental (SEQR) services related to a proposed Intermunicipal Solid Waste project with Onondaga County, AND WHEREAS, the costs of legal review has exceeded the $12,000 established in the agreement, AND WHEREAS, additional legal counsel is required to complete the project, as well as potential SEQR review for a potential agreement to accept Beneficial Use Determine (BUD) Material for use as alternate daily cover at the County Landfill, AND WHEREAS, funds have been expended during 2015 to cover the cost of consultant services on the project (Barton and Logoudice, P.C. and Gerhardt, LLC), NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature is hereby authorized and directed to amend the existing agreement with Pat Snyder, 70 Port Watson Street, Cortland NY, for an additional cost not to ---PAGE BREAK--- exceed $14,000 for assistance with carrying out SEQR for using ash as BUD material; assistance with completing SEQR requirements for initial proposed intermunicipal agreement; and assistance with completing contract negotiations with OCRRA for said agreements, AND BE IT FURTHER RESOLVED, that the 2015 budget be amended as follows: Increase: Prof. Serv. - Transfer Station Project EL81605.54055.8170 (current = Increase $53,979 Revised = $53,979 Decrease: Personal Services EL81605.51005 (current = $348,809) Decrease $53979 Revised = $294,830 Referred from Health & Human Services Committee AGENDA ITEM NO. 7 – Authorize Agreement/Accept Funds/Amend Budget Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 243-15 Authorize Agreement/Accept Funds/Amend Budget Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program WHEREAS, Cortland County Health Department has been awarded a grant by Health Research, Inc., Contract # 4697-03, CFDA # 93.752 for a Total Contract Amount of $15,000, to continue the Breast and Cervical Cancer Early Detection Program for the period of 6/30/15-6/29/16 which will pay for screening and diagnostic services for uninsured and underinsured women, AND WHEREAS, the Cortland County Health Department contracts with other health care providers (physicians, laboratories, radiology services, etc.) to provide these services, AND WHEREAS, the 2015 County Budget shall be amended as follows: Increase: A401044.44401.15CSC Cancer Services Revenue Current: $0 Increase: ($15,000) Increase: A40105.54500.15CSC Medical Fees/Services Current: $0 Increase: $15,000 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with Health Research, Inc. to accept these funds. AGENDA ITEM NO. 8 – Budget Amendment-Mental Health - Increase in Cost of Injections ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 244-15 Budget Amendment-Mental Health - Increase in Cost of Injections WHEREAS, the Mental Health Clinic purchases Invega Sustenna injections for clients at a cost of $1,859.44 per injection and Risperal Consta injections for clients at a cost of $669.71, AND WHEREAS, the number of clients needing the Invega Sustenna injections has increased from 7 clients at the beginning of 2015 to 8 clients currently and 4 clients need the Risperal Consta injection, AND WHEREAS, the cost of the Sustenna injections has increased from $1,720.86 at the beginning of 2015 to $1,859.44 currently, and the cost of Risperal Consta injections were not in the 2015 budget and cost $669.71, AND WHEREAS, the 2015 budget has an available balance of $37,648 but it is anticipated that $80,933 will be needed between September 1, 2015 and December 31, 2015, AND WHEREAS, Medicaid fully reimburses the Mental Health Clinic for the cost of the injections, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase: Revenues: A431042-42701-4200 Injection Reimbursement Current ($144,550) increase $43,285 New ($187,835) Expenses: A43105-54006-4200 Medical Supplies & Materials Current $145,100 increase $43,285 New $188,385 AGENDA ITEM NO. 9 – Accept Department of Employment & Training Grant Administration 2015- 2016 Budget RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 245-15 Accept Department of Employment & Training Grant Administration 2015-2016 Budget WHEREAS, pursuant to Section 117(d)(4) of the Workforce Investment Act of 1998, and pursuant to H.R. 803; PL 113-118, known as the Workforce Innovation Opportunity Act, the Governor of ---PAGE BREAK--- the State of New York has authorized and directed the Chief Local Elected Officials of Cortland and Cayuga counties designated as the Cayuga-Cortland Workforce Development Area, AND WHEREAS, Cortland County has been designated as the fiscal agent entity for the Cayuga- Cortland Workforce Development Area and has designated the Department of Employment and Training Grant Administration to monitor and manage the allocated grant funds, AND WHEREAS, Cortland County Department of Employment and Training Grant Administration develops and executes a budget that is used in accordance with the policy, governance and operational effectiveness of the Workforce Investment Act and the Workforce Innovation Opportunity Act, AND WHEREAS, Cortland County Department of Employment and Training Grant Administration’s budget is in line with New York State Department of Labor requirement from 7/1/2015 to 6/30/16, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the Cortland County Department of Employment and Training Grant Administration Budget for Program Year 2015-2016 as follows: ACCT # ACCOUNTS Total Budget for our Program Year 7/1/15- 6/30/16 Total Expected Costs 7/1/15- 12/31/15 Projected Costs from 1/1/16- 6/30/16 A629044 42375 WIA/WIOA Revenue $129,974 $61,503 $68,471 A629044 42376 15TAA Trade Act Revenue $69,594 $41,756 $27,838 A629044 42378 WIOA Implementation Revenue $7,057 $2,600 $4,457 A629044 42377 DEI Revenue $167,821 $88,581 $79,240 Total Revenues $374,446 $194,440 $180,006 WAGES A62905.51010 Grant Administrator $34,126 $17,172 $16,954 A62905.51005 Principal Account Clerk $41,400 $19,956 $21,444 TOTAL WAGES $75,526 $37,128 $38,398 FRINGES A62905.58020 NYS Retirement $13,542 $6,771 $6,771 A62905.58030 FICA $6,041 $2,834 $3,206 A62905.58040 Workers Comp $1,589 $794 $795 A62905.58060 Health Insurance $16,260 $8,130 $8,130 A62905.58062 Dental Insurance $144.00 $72 $72 A62905.58065 Vision Care Insurance $39 $20 $20 TOTAL FRINGES $37,614 $18,621 $18,993 CONTRACTUALS A62905.54040 Association Dues (NYATEP) $750 $750 A62905.54035 Conference Fee/Staff Training $1,500 $1,000 $500 A62905.54001 Copying/Printing Expense $50 $25 $25 ---PAGE BREAK--- A62905.52060 Computer Equipment $100 $50 $50 A62905.54005 Office Supplies $339 $139 $200 A62905.54020 Postage $90 $45 $45 A62905.54060 Legal Notices/Advertising $250 $150 $100 A62905.54042 Meeting Expenses $500 $200 $300 A62905.54045 Travel & Subsistence $500 $200 $300 A62905.54047 Mileage Reimbursement $400 $200 $200 A62905.54210 I/D B&G Rent $8,685 $2,895 $5,790 A62905.54070 Liability Insurance $1,870 $1,870 A62905.54212 I/D Telephone/Fax $900 $450 $450 A62995.54214 I/D Computer(3) 5.00 & MUNIS(1) $50 $ - $50 A62905.54215 I/D Copier $850 $400 $450 Total WIOA Contractuals $16,834 $5,754 $11,080 A62905.54035 15 TAA Participant Training (TAA) $69,594 $41,756 $27,838 Total Trade Act Contractuals $69,594 $41,756 $27,838 A62905.54005 MUNIS Checks (WIOA Imp) $1,000 $1,000 $ - A62905.54035 Staff Training (WIOA Impl) $1,050 $600 $450 A62905.54214 MUNIS User Exp (WIOA Imp) $500 $500 A62905.54060 Advertising/Website (WIOA Imp) $3,500 $500 $3,000 A62905.54005 Misc Supplies (WIOA Imp) $407 $200 $207 A62905.54045 Staff Travel (WIOA Imp) $600 $300 $300 Total WIOA Imp Contractuals $7,057 $2,600 $4,457 A62905.54814 JM Murray Center $51,490 $25,385 $26,105 A62905.54814 Cayuga Seneca CAP $50,003 $25,032 $24,971 A62905.54814 DEI Administration $6,328 $3,164 $3,164 A62905.54048 DEI Equipment $10,000 $10,000 A62905.54035 DEI Education & Training $50,000 $25,000 $25,000 Total DEI Contractuals $167,821 $88,581 $79,240 Total Contractuals $374,446 $194,440 $180,006 NET BUDGET $ - $ - $ - ---PAGE BREAK--- AGENDA ITEM NO. 10 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 246-15 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on August 21, 2015, for the period October 1, 2015 through December 31, 2015, for the purchase of miscellaneous groceries and frozen foods in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest responsible bidder, AND WHEREAS, bids were received from the following: Ginsberg’s, PO Box 17, Route 66, Hudson, NY 12534 Smith Packing Co., PO Box 520, Utica, NY 13503-0520 US Foods, 755 Pierce Road, Clifton Park, NY 12065 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that said departments have the right to award bids based on price and quality, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the lowest responsible bidders and best value for the period October 1, 2015 through December 31, 2015. AGENDA ITEM NO. 11 – Amend Budget - Area Agency on Aging (Health Insurance Information, Counseling and Assistance Program - HIICAP) RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Ann Discenza, Legislative District 6 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 247-15 Amend Budget - Area Agency on Aging (Health Insurance Information, Counseling and Assistance Program - HIICAP) WHEREAS, the New York State Office for the Aging has made available the sum of $4,898 under the Health Insurance Information, Counseling and Assistance Program (HIICAP), CFDA No. ---PAGE BREAK--- 93.779, for the period April 1, 2015 through March 31, 2016, through Area Agency on Aging Revenue Account No. A677243-43772 4338, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: A67725-52015 4338 current $0 INCREASE +$1,763 new = $1,763 OFA TECHNICAL EQUIPMENT - HIICAP FUNDING A67725-54005 4338 current $300 INCREASE +$3,135 new = $3,435 OFA OFFICE SUPPLIES - HIICAP FUNDING A677243-43772 4338 current ($33,170) INCREASE +$4,898 new = ($38,068) OFA HIICAP REVENUE AGENDA ITEM NO. 12 – Authorize Agreement/Accept Funds Health Department/Administration (Advancing Tobacco Free Communities) RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Mary Ann Discenza AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF WHITNEY RESOLUTION NO. 248-15 Authorize Agreement/Accept Funds Health Department/Administration (Advancing Tobacco Free Communities) WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $1,625,000 for the period of 7/1/14-6/30/19 for funding for the Advancing Tobacco Free Communities Grant, Contract #C-029671 with $325,000 being awarded each year of the grant, AND WHEREAS, these funds will be used to advance tobacco free communities through local involvement and partnership, AND WHEREAS, the Cortland County Health Department will be contracting with other agencies and individuals to help coordinate the efforts of this grant, such as Chenango and Tompkins County, until December 31, 2017, AND WHEREAS, funds in the 2015 County Budget will need to be amended as follows: Increase: A401043.43450.15TBC Tobacco Free Grant Current: $0 Increase: ($325,000) A40105.51005.15TBC Personal Services Current: $0 Increase: $95,646 A40105.58020.15TBC Retirement Current: $0 Increase: $17,216 A40105.58030.15TBC FICA Current: $0 Increase: $7,317 A40105.58040.15TBC Workers Comp Current: $0 Increase: $2,542 A40105.58060.15TBC Health Insurance Current: $0 Increase: $29,830 A40105.58062.15TBC Dental Insurance Current: $0 Increase: $101 A40105.58065.15TBC Vision Insurance Current: $0 Increase: $28 A40105.54000.15TBC Phone Current: $0 Increase: $420 A40105.54001.15TBC Copy/Print Current: $0 Increase: $360 A40105.54005.15TBC Office Supplies Current: $0 Increase: $4,438 A40105.54020.15TBC Postage Current: $0 Increase: $3,500 A40105.54035.15TBC Education & Train Current: $0 Increase: $3,500 ---PAGE BREAK--- A40105.54060.15TBC Legal Advertising Current: $0 Increase: $50,168 A40105.54045.15TBC Travel Current: $0 Increase: $2,365 A40105.54047.15TBC Mileage Current: $0 Increase: $753 A40105.54048.15TBC Program Supplies Current: $0 Increase: $25,241 A40105.54065.15TBC Rent/Lease Current: $0 Increase: $600 A40105.54078.15TBC Fuel Current: $0 Increase: $400 A40105.54210.15TBC MILOR Current: $0 Increase: $3,576 A40105.54812.15TBC PH Contracted Current: $0 Increase: $76,999 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign agreements with Subcontractors and to accept these funds. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 13 – Authorize Agreement - Twin Tier Pathology PC - County Coroners Mr. Troy made a motion that items 13- 17 be considered as a consent agenda. Second by Mr. Denkenberger. All members voting in favor; none opposed. Mr. Troy then made a motion to approve the consent agenda. Second by Mr. Whitney. All members voting in favor; none opposed. The resolutions were all approved unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 249-15 Authorize Agreement - Twin Tier Pathology PC - County Coroners WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, which is paid out of account # A11855.54500, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from the following physician also operating under the name of Twin Tier Pathology, PC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be and hereby is authorized and directed to enter into an agreement, upon approval of the County Attorney, with the following physician to perform autopsy services for a term beginning January 1, 2016 and expiring December 31, 2016: James Terzian, M.D. Physical address of services rendered: 169 Riverside Drive, Binghamton, NY 13902. AGENDA ITEM NO. 14 – Authorize Agreement - Twin Tier Pathology PC - County Coroners ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 250-15 Authorize Agreement - Twin Tier Pathology PC - County Coroners WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, which is paid out of account # A11855.54500, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from the following physician also operating under the name of Twin Tier Pathology, PC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be and hereby is authorized and directed to enter into an agreement, upon approval of the County Attorney, with the following physician to perform autopsy services for a term beginning January 1, 2016 and expiring December 31, 2016: Robin Eastman-Abaya, M.D. Physical address of services rendered: 169 Riverside Drive, Binghamton, NY 13902. AGENDA ITEM NO. 15 – Authorize Agreement - Twin Tier Pathology PC - County Coroners RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 251-15 Authorize Agreement - Twin Tier Pathology PC - County Coroners WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, which is paid out of account # A11855.54500, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from the following physician also operating under the name of Twin Tier Pathology, PC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be and hereby is authorized and directed to enter into an agreement, upon approval of the County Attorney, with the following physician to perform autopsy services for a term beginning January 1, 2016 and expiring December 31, 2016: Zarina Hernandez-Schipplick, M.D. Physical address of services rendered: 169 Riverside Drive, Binghamton, NY 13902. AGENDA ITEM NO. 16 – Authorize Agreement - Twin Tier Pathology PC - County Coroners ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 252-15 Authorize Agreement - Twin Tier Pathology PC - County Coroners WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, which is paid out of account # A11855.54500, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from the following physician also operating under the name of Twin Tier Pathology, PC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be and hereby is authorized and directed to enter into an agreement, upon approval of the County Attorney, with the following physician to perform autopsy services for a term beginning January 1, 2016 and expiring December 31, 2016: Kazuko Nitta, M.D. Physical address of services rendered: 169 Riverside Drive, Binghamton, NY 13902. AGENDA ITEM NO. 17 – Authorize Agreement - Twin Tier Pathology PC - County Coroners RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 253-15 Authorize Agreement - Twin Tier Pathology PC - County Coroners WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, which is paid out of account # A11855.54500, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from the following physician also operating under the name of Twin Tier Pathology, PC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be and hereby is authorized and directed to enter into an agreement, upon approval of the County Attorney, with the following physician to perform autopsy services for a term beginning January 1, 2016 and expiring December 31, 2016: Michael Zur, M.D. Physical address of services rendered: 169 Riverside Drive, Binghamton, NY 13902. AGENDA ITEM NO. 18 – Appoint Assigned Counsel Administrator - Cortland County Legislature ---PAGE BREAK--- Ms. Howe introduced Lenore Lefevre, candidate for Assigned Counsel Administrator, and said the Cortland County Bar Association has endorsed her as a candidate. Ms. Lefevre said she has practiced law for 20 years, and has previously worked in the County's Public Defender's Office, and that she is looking forward to implementing the County's new plan. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 254-15 Appoint Assigned Counsel Administrator - Cortland County Legislature WHEREAS, Resolution 61-15 adopted the Cortland County Assigned Counsel Plan (18-B Plan), AND WHEREAS, Resolution 208-15 created the position of Plan Administrator, AND WHEREAS, in accordance with the Cortland County Assigned Counsel Plan, an Assigned Counsel Committee has interviewed candidates and nominated the best qualified candidate to the Cortland County Bar Association, AND WHEREAS, the Cortland County Bar Association has accepted the Committee's nominee by a majority vote on September 24, 2015, AND WHEREAS, the Judiciary & Public Safety Committee supports the nominee, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby appoints Lenore LeFevre as the Plan Administrator, effective September 28, 2015 at an annual salary of (Management Compensation Plan Grade 4, Step 1 (50%) Exempt Class) pursuant to the terms and conditions of the Management Confidential/Management Employment Plan. AGENDA ITEM NO. 19 – Approve Contract Biel’s Document Management County Clerk-Map Scanner/Printer RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF BUSHNELL RESOLUTION NO. 255-15 Approve Contract Biel’s Document Management County Clerk-Map Scanner/Printer WHEREAS, Cortland County purchased a Canon Map/Scanner Printer for the County Clerk’s Office in July, 2014, AND WHEREAS, the one year maintenance agreement with Biel’s Document Management which provides each year preventive maintenance and cleaning along with service and replacement of parts used ---PAGE BREAK--- in normal usage, has expired, NOW THEREFORE BE IT RESOLVED, that the Cortland County Chairman of the Legislature, upon approval of the Cortland County Attorney, sign a maintenance agreement with Biel’s Document Management for a one year maintenance agreement at the cost of $800.00 to be paid out of account A14105-54004. Referred from Personnel Committee AGENDA ITEM NO. 20 – Establish/Amend 2015 Budget - Assigned Counsel RESULT: ADOPTED [UNANIMOUS] MOVER: Luke Snyder, Legislative District 5 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 256-15 Establish/Amend 2015 Budget - Assigned Counsel WHEREAS, the Cortland County Legislature has set forth funds in the 2015 County Attorney Budget for the payment of legal fees submitted by attorneys that are appointed to represent indigent defendants, AND WHEREAS, a portion of these funds were reallocated via Res. No. 208-15 to cover an Assigned Counsel Plan Administrator, Secretary to the Plan Administrator, and related benefits, AND WHEREAS, the Assigned Counsel Office was officially created effective September 1, 2015, to take over the duties related to assigning indigent legal counsel as outlined in the Cortland County Bar Association Assigned Counsel Plan which was adopted by Res. No. 61-15, AND WHEREAS, a general operating budget will be necessary to conduct business, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: Increase: Increase Amount REVISED BUDGET A11755 51010 ADMINISTRATOR $156.00 10,656.00 A11755 51005 SECRETARY $5,520.00 10,120.00 A11755 58030 FICA/MEDICARE $433.00 1,589.00 A11755 58020 RETIREMENT $1,078.00 3,947.00 A11755 54055 PROFESSIONAL SVCS $169,574.00 169,574.00 A11755 54000 PHONE $208.00 208.00 A11755 54020 POSTAGE $75.00 75.00 A11755 54001 COPYING/PRINTING $361.00 361.00 A11755 54005 OFFICE SUPPLIES $300.00 300.00 A11755 54060 ADVERTISING $62.00 62.00 Decrease: ---PAGE BREAK--- Decrease Amount REVISED BUDGET A11755 58060 HEALTH $5,312.00 5,528.00 A11755 58062 DENTAL $24.00 24.00 A11755 58065 VISION $7.00 7.00 A14205 54055 PROFESSIONAL SVCS $172,424.00 574,341.30 AGENDA ITEM NO. 21 – Amend Cortland County Legislature's Rules of Order RESULT: ADOPTED [UNANIMOUS] MOVER: Luke Snyder, Legislative District 5 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF PRICE RESOLUTION NO. 257-15 Amend Cortland County Legislature's Rules of Order WHEREAS, the County Legislature shall appoint a Clerk of the Legislature, County Attorney, Public Defender and Veterans Services Officer every two years at its biennial organizational meeting, AND WHEREAS, the Legislature wishes to provide for a fair and non-political process for said appointments, AND WHEREAS, the County Personnel Committee recommends this process be included in the Rules of Order, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature's Rules of Order are hereby amended, by at least a two-thirds majority, to reflect the attached changes. Referred from Budget & Finance Committee AGENDA ITEM NO. 22 – Adopt Legislative Mileage Reimbursement Policy Mr. Steinhoff made a motion to amend the proposed policy to cap the mileage reimbursement limit at $1,200 per year, rather than $100 per month; and that all references to restrictions in the policy, such as town board meetings, or assigned meetings shall be struck from the policy. Ms. Jones clarified the motion, saying that all mileage traveled while conducting official legislative duties will be covered, but capped at $1,200 per year. Mr. Wagner seconded the motion. Mr. Troy said this amendment provides no guidance as to what is an eligible expense. Ms. Briggs said adopting the amendment defeats the purpose of the policy as it will be completely subjective as to what is paid for. Mr. Denkenberger says mileage reimbursement is not for profit, but only paying someone back for their expenses. He said he does not ask to be paid for his time, which he is happy to give, but only to be paid back for out-of-pocket expenses, and that there should be no limit, as attending meetings makes for a better-informed Legislator. All Legislators voting in favor of the amendment, except Mr. Troy, Ms. Briggs and Mr. Hartnett. The motion to amend was approved. Following the vote, Mr. Whitney made a ---PAGE BREAK--- motion to approve the resolution as amended. Second by Mr. Steinhoff. All Legislators voting in favor of the amendment, except Mr. Troy, Ms. Briggs and Mr. Hartnett. The resolution was approved as amended. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF WHITNEY RESOLUTION NO. 258-15 Adopt Legislative Mileage Reimbursement Policy WHEREAS, § 203 of NYS County Law states that “The board of supervisors may authorize the payment of a reasonable mileage allowance the miles actually and necessarily traveled on official business of the county by any supervisor by the use of his own automobile, including travel on official business of the county in going from and returning to his residence,” AND WHEREAS, the Legislature currently has no comprehensive mileage reimbursement policy indicating eligible expenses to be paid, AND WHEREAS, the Cortland County Budget & Finance Committee has reviewed and recommends the adoption of the policy below, NOW THEREFORE BE IT RESOLVED that the Legislators shall be reimbursed for mileage expenses incurred at the County’s established reimbursement rate as determined annually by the Internal Revenue Services, AND BE IT FURTHER RESOLVED that any travel/mileage reimbursement incurred by Legislators that falls outside the scope of the policy below shall be governed by the existing duly adopted Travel Policy that covers all County employees, AND BE IT FURTHER RESOLVED, that the following policy indicating eligible expense and procedures is hereby adopted as follows: Legislative Local Mileage Policy I. Definitions: Cap - The annual maximum amount allowed for mileage. Legislative Assignments/Committees/Boards - Specific assignment of individual Legislators designating them as a representative of the Legislature (includes, but not limited to, Advisory Boards, Regional Boards, Planning Boards, etc.) Travel/Training Mileage Reimbursement - The current Authorization to Travel Policy originally adopted on May 20, 2004 and amended June 25, 2015. II. Policy: Mileage reimbursement to County Legislators shall be allowed as follows: 1. The annual amount to be reimbursed for mileage traveled and properly documented shall not ---PAGE BREAK--- exceed $1,200, without exception. 2. The policy does not conflict with the Authorization to Travel policy with regard to Legislator’s attendance at conferences and training. III. Procedure: Legislators are required to complete a Mileage Record that provides the following information: 1. Claimant name and complete address. 2. A record of attendance shall include the date; complete address of starting location, location of meeting, and return location; round trip miles; name of specific meeting attended; total miles submitted; and signature of claimant. 3. Upon completion the form shall be submitted to the Legislature office for processing. AGENDA ITEM NO. 23 – Increase Annual Legislative Compensation - Cortland County Legislature Mr. Boyden said while he supports a salary increase he is opposed to one so large, at nearly 67% increase. RESULT: ADOPTED [14 TO 1] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink NAYS: Donnell Boyden EXCUSED: Amy Cobb, Sandra Price ON MOTION OF WHITNEY RESOLUTION NO. 259-15 Increase Annual Legislative Compensation - Cortland County Legislature WHEREAS, the Cortland County Legislature is currently paid $6,000 per year, per Legislator, with the Chairman receiving $15,000 and the Majority and Minority Leaders receiving $6,500, AND WHEREAS, the above salary has remained the same for 25 years (1991 was raised from $5,000 to $6,000), AND WHEREAS, over the course of those 25 years additional compensation and/or benefits have been withdrawn, such as meeting stipends ($25 per meeting), and eligibility to participate in the County Health/Dental/Vision insurance plan, AND WHEREAS, the Cortland County Budget & Finance Committee recommends an increase in salary for Legislators beginning in 2016, and an annual increase matching that of the Management Compensation Plan, NOW THEREFORE BE IT RESOLVED, that the Director of Budget & Finance, as Budget Officer, shall hereby include a Legislative salary of $10,000 per legislator, $19,000 for the Chairman and $10,500 for Majority and Minority Leaders in the 2016 budget, AND BE IT FURTHER RESOLVED, that effective January 1, 2017 any annual salary adjustment of Legislators shall match that provided to employees covered under the Management Compensation Plan. ---PAGE BREAK--- AGENDA ITEM NO. 24 – Local Law of 2015 Rescind Local Law 2 of 2011 "TRUTH IN TAXATION IN CORTLAND COUNTY" Mr. Whitney pulled the resolution from consideration and bring it back to the Committee for further discussion. RESULT: PULLED ON MOTION OF WHITNEY RESOLUTION NO. 279-15 Local Law of 2015 Rescind Local Law 2 of 2011 "TRUTH IN TAXATION IN CORTLAND COUNTY" WHEREAS, the Cortland County Legislature passed Resolution #241-11, "Local Law 2 of 2011 - A Local Law to Authorize the Enclosure of Notices with Property Tax Bills "Truth In Taxation in Cortland County"", AND WHEREAS, the intent of this law was to provide more visibility about the rising costs of Medicaid in the County Tax Levy from the 1990's through the early 2000's, AND WHEREAS the recommendation of the law, at that time, was supported by the NYS Association of Counties (NYSAC), AND WHEREAS the change in health insurance and its impact on Medicaid due to the Federal Patient Protection and Affordable Care Act has decreased the counties Medicaid costs, AND WHEREAS the continuation of this law is increasing county costs in postage, handling expenses and confusion of the tax rate on the county tax bills, AND WHEREAS, the proposed Local Law has sat on Legislator's desks for seven days, and a public hearing was held September 24, 2015, NOW THEREFORE BE IT ENACTED by the Legislature of the County of Cortland, as follows: Local Law 2 of 2011, A Local Law to Authorize the Enclosure of Notices with Property Tax Bills" also known as the "Truth In Taxation Law" in Cortland County is hereby rescinded. AGENDA ITEM NO. 25 – Resolution of the Legislature of the County of Cortland, Extending Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges, Pursuant to Article 29 of the Tax Laws of the State of New York RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF WHITNEY RESOLUTION NO. 260-15 Resolution of the Legislature of the County of Cortland, Extending Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges, Pursuant to Article 29 of the Tax Laws of the State of New York ---PAGE BREAK--- WHEREAS, New York State Tax Law §1210(i)(12) as last amended by Laws of 2015, Chapter 113, on August 13, 2015 authorizes Cortland County to adopt and amend local laws, ordinances or resolutions imposing taxes at a rate which is one percent additional to the three percent rate authorized for the County for a period beginning September 1, 1992 and ending November 30, 2017, AND WHEREAS, the tax previously authorized by Cortland County Resolution No. 224 of 2013 will expire December 1, 2015, AND WHEREAS, in the current economic climate it would create financial hardship for Cortland County if this source of revenue was to expire, and such loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services; NOW, THEREFORE, BE IT ENACTED by the County Legislature of the County of Cortland, as follows: SECTION 1. The first sentence of section two of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as last amended by Resolution No. 224 for the year 2013, is amended to read as follows: SECTION 2. IMPOSITION OF SALES TAX On and after March first, nineteen hundred sixty eight, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing September 1, 1992, and ending November 30, 2017, there is hereby imposed and there shall be paid an additional tax of one percent upon: “SECTION 2. Subdivision of section three of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as amended, is amended to read as follows: with respect to the additional tax of one percent imposed for the period commencing September 1, 1992, and ending November 30, 2017, the provisions of subdivisions and of this section apply, except that for the purposes of this subdivision, all references in said subdivisions and to an effective date shall be read as referring to September 1, 1992, all references in said subdivision to the date four months prior to the effective date shall be read as referring to May 1, 1992 and the reference in subdivision to the date immediately preceding the effective date shall be read as referring to August 31, 1992. Nothing herein shall be deemed exempt from tax at the rate in effect prior to September 1, 1992 any transaction which may not be subject to the additional tax imposed effective on that date.” SECTION 3. Section four of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as amended, is amended to read as follows: “SECTION 4. IMPOSITION OF COMPENSATING USE TAX Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after September 1, 1992, except as otherwise exempted under this enactment, of any tangible property purchased at retail, of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, if items of the same kind of tangible personal property are offered for sale by him ---PAGE BREAK--- in the regular course of business, or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the Real Property Tax Law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, of any of the services described in paragraphs and of subdivision of section two, of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs and of subdivision of section two have been performed, of any telephone answering service described in subdivision of section two and, of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. For purposes of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax rate shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. For purposes of sub-clause of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. For purposes of subclause (ii) of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision of section one. Notwithstanding the foregoing provisions of this section, for purposes of clause of subdivision of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the Real Property Tax Law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. ---PAGE BREAK--- For purposes of clauses and of subdivision of this section, for the period commencing September 1, 1992 and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision of section one. For purposes of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause by its author or other creator, shall not be deemed a taxable use by such person.” SECTION 4. Paragraph of subdivision of section eleven of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as amended, is amended to read as follows: With respect to the additional tax of one percent imposed for the period beginning September 1, 1992, and ending November 30, 2017, in respect to the use of property used by the purchaser in this County prior to September 1, 1992. SECTION 5. Subparagraph III of paragraph of subdivision of section fourteen of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as amended, is amended to read as follows: Not withstanding any other provision of law, net collections distributed to the County by the State Comptroller pursuant to subdivision of section 1261 of the Tax Law of the State of New York, including net collections attributable to the additional one percent sales and compensating use taxes, shall be disposed of in accordance with the sales tax allocation and distribution agreement entered into by Cortland County and the City of Cortland on June 29, 2012, and approved by the State Comptroller pursuant to section 1262 of the Tax Law, during the period that such agreement is in effect, as follows: III. Beginning June 1, 2013, for a period of one year: 52.00 % shall be allocated to the County; 18.24 % shall be allocated and paid to the City of Cortland; 29.76 % shall be allocated and paid to the Towns and Villages in the County; Beginning June 1, 2014, for a period of one year: 52.375 % shall be allocated to the County; 18.115 % shall be allocated and paid to the City of Cortland; 29.510 % shall be allocated and paid to the Towns and Villages in the County; Beginning June 1, 2015, for a period of one year: 52.650 % shall be allocated to the County; 17.990 % shall be allocated and paid to the City of Cortland; 29.385 % shall be allocated and paid to the Towns and Villages in the County; ---PAGE BREAK--- Beginning June 1, 2016, for a period of one year: 53.000 % shall be allocated to the County; 17.865 % shall be allocated and paid to the City of Cortland; 29.135 % shall be allocated and paid to the Towns and Villages in the County; Beginning June 1, 2017, for a period of one year: 53.500 % shall be allocated to the County; 17.615 % shall be allocated and paid to the City of Cortland; 28.885 % shall be allocated and paid to the Towns and Villages in the County; Distribution of net sales and compensating use taxes will be prepared and processed for the Cortland County Legislature Budget and Finance Committee meeting following thirty (30) days after the end of each quarter. After approval by the Budget and Finance Committee and the approval of the full Cortland County Legislature, payment will be released to the respective municipalities the first working day following the County Legislative session (session is normally held the last Thursday of each month). Tentative scheduled releases will be May, August, November, and February. SECTION 6. This enactment shall take effect December 1, 2015. AGENDA ITEM NO. 26 – Authorize Purchase of VFBL Insurance Policy Worker's Compensation Policy RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF WHITNEY RESOLUTION NO. 261-15 Authorize Purchase of VFBL Insurance Policy Worker's Compensation Policy WHEREAS, Cortland County is self-insured for Worker’s Compensation Insurance and administers the plan for towns, villages and districts throughout the County, AND WHEREAS, McNeil & Company acts as the County’s third party administrator for said Worker’s Compensation Insurance Plan, AND WHEREAS, all municipal participants in the plan contribute to said Worker’s Compensation Insurance costs, AND WHEREAS, The County Budget & Finance Committee recommends the purchase of a Volunteer Firefighters’ Benefit Law Policy to help offset the costs associated with firefighter claims and to mitigate the risk of catastrophic losses to the plan, NOW THEREFORE BE IT RESOLVED, that McNeil & Company is hereby authorized and directed to purchase a Volunteer Firefighters’ Benefit Law Policy from Fire Districts of New York Mutual Insurance Company, 777 Chestnut Ridge Road, Chestnut Ridge, NY, for an amount not to exceed $228,897, for a term to begin immediately remain effective until September 24, 2016, AND BE IT FURTHER RESOLVED, that during the term of the initial policy purchase, (expiring Sept. 24, 2016) Cortland County shall pay for 50% of the total cost of the above policy, and the other 50% shall be distributed among all plan participants, including the County, in accordance with the formula established ---PAGE BREAK--- by Cortland County Local Law 16 of 2014, AND BE IT FURTHER RESOLVED, that the County shall further pay the excess portion of any plan participant that exceeds its respective plan assessment cap as a result of the purchase of said policy during the term of the initial policy purchase, (expiring Sept. 24, 2016). After the 2016 budget, plan costs in their entirety will be distributed as per Local Law 16 of 2014, AND BE IT FURTHER RESOLVED, that the 2015 budget is hereby amended to cover the purchase of said plan as follows: Increase: S17105.54070 Stop Loss Gap Payment WC current = increase $228,897 revised = $228,897 Increase: S171048.42801 Interdepartmental (Revenue) current = increase ($114,449) revised $114,449) Increase: S171047.42222 Insurance Participation Revenue current = ($489,618), increase ($114,448) revised = ($604,066) Increase: A35990 Appropriated General Fund Balance current = increase ($114,449) revised =($114,449) Increase: A90405.58000 Unallocated Worker’s Comp current= $45,425, increase $114,449 revised = $159,874 AGENDA ITEM NO. 27 – Local Law 3 of 2015 - Extending the Imposition of a Mortgage Recording Tax in Cortland County Mr. Boylan explained that this is simply extending the existing recording tax, not implementing a new or increased tax. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Sandra Price ON MOTION OF WHITNEY RESOLUTION NO. 262-15 Local Law 3 of 2015 - Extending the Imposition of a Mortgage Recording Tax in Cortland County WHEREAS, New York State Tax Law §253-v, as last amended by the Laws of 2015, Chapter 161 on August 13, 2015, authorizes Cortland County to adopt and amend local laws imposing a mortgage recording tax of twenty-five cents for each one hundred dollars ($100.00) and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated in Cortland County and recorded on or after the date upon which such tax takes effect; and WHEREAS, the mortgage recording tax previously authorized by Cortland County Local Law No. 8 of 2013, (and as restated in Local Law No. 4 of 2014) will expire December 1, 2015; and WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services; ---PAGE BREAK--- NOW THEREFORE, BE IT ENACTED by the Legislature of the County of Cortland, as follows: Local Law No. 8 for the year 2013 (as restated in Local Law No. 4 of 2014) is hereby amended to read as follows: Section 1 For the period beginning December 1, 2015 and ending December 1, 2017, there is hereby imposed, in the County of Cortland, a tax of $0.25 for each $100.00, and each remaining fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated within the County of Cortland and recorded on or after December 1, 2015, and a tax of $0.25 on such mortgage if the principal debt or obligation which is or by any contingency may be secured by such mortgage is less than $100.00. Section 7 This Local Law shall take effect December 1, 2015. A certified copy of this Local Law shall be mailed to the Commissioner of Taxation and Finance at the Commissioner’s Office in Albany, New York at least 30 days prior to the date this Local Law shall take effect. Certified copies of this Local Law shall be filed with the Cortland County Clerk, the Secretary of State and State Comptroller within five days after the Local Law is enacted. Executive Session Mr. Whitney made a motion to go into Executive Session to discuss a Personnel Issue in the Department of Budget & Finance. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Announcements Following the Executive Session, Ms. Howe announced that she has received the deed and transfer forms for the transfer of the County property adjacent to Lime Hollow to the Town of Cortlandville. Adjourn ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, October 22, 2015 6:00 PM Board Room Public Hearing 1. Public Hearing - Local Law of 2015 Mr. Boylan opened the public hearing and read the legal notice. He asked if there was anyone that wished to address the Legislature regarding Local Law of 2015. As there was none, he closed the public hearing. 2. Public Hearing - Local Law of 2015 - Overriding the Tax Levy Limit Mr. Boylan opened the public hearing and read the legal notice. He asked if there was anyone that wished to address the Legislature regarding Local Law of 2015. As there was none, he closed the public hearing. 3. Public Hearing - 2016 Proposed Budget Mr. Boylan opened the public hearing and read the legal notice. He asked if there was anyone that wished to address the Legislature regarding the proposed budget. Sheriff Lee Price thanked the Legislature for a responsible budget and said this year's process that Ms. Mousaw implemented went extremely well. As there was nobody else who wished to speak, Mr. Boylan closed the public hearing. Salute to the Flag Roll Call Attendee Name Title Status Arrived John R Troy Legislative District 1 Present Amy Cobb Legislative District 2 Present Thomas P. Hartnett Legislative District 3 Present Richard Bushnell Legislative District 4 Present Luke Snyder Legislative District 5 Present Mary Ann Discenza Legislative District 6 Present Knolls Legislative District 7 Present Donnell Boyden Chair Present Linda Jones Legislative District 9 Present Gordon Wheelock Legislative District 10 Present Susan Briggs Legislative District 11 Excused Joseph Steinhoff Legislative District 12 Present Kevin Whitney Majority Leader Present Sandra Price Minority Leader Present George Wagner Legislative District 15 Present James Denkenberger Legislative District 16 Excused Charles Sudbrink Legislative District 17 Present ---PAGE BREAK--- Approval of Minutes Cortland County Legislature - Legislative Session - Sep 24, 2015 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger Privilege of the floor There was no one who wished to address the Legislature. Proclamations & Recognitions Recognizing Brenda DeRuosso - the Disaster Lady Mr. Boylan read the proclamation and Mr. Bushnell and Mr. Scott Roman, Director of Emergency Response and Communications presented Ms. DeRusso with the Recognition. Historic Marker Eagle Scout Project - Christopher DeLage Eagle Scout candidate and Homer School student Christopher DeLage gave a presentation regarding his Eagle Scout project. Of the 59 Historic Markers in Cortland County he and his scout team sanded and repainted 30 of them, and documented the exact location with GPS Coordinates. Mr. Boylan thanked him for his service to the community. Presentation of Petitions, Communications, and Notice Receive and File Year End 2014 Independent Audit - Bonadio Mr. Troy made a motion to Receive & File the 2014 audit. Second by Mr. Whitney. All members voting in favor; none opposed. The motion was approved. Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Appoint Member - Cornell Cooperative Extension Board of Directors ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF BOYDEN RESOLUTION NO. 263-15 Appoint Member - Cornell Cooperative Extension Board of Directors WHEREAS, Resolution 19-14 appointed Donnell Boyden to the Cornell Cooperative Extension (CCE) Board of Directors, AND WHEREAS, due to his appointment as Chair of the Legislature, Mr. Boyden has resigned his seat on the CCE Board, thus creating a vacancy, AND WHEREAS, Resolution 133-15 appointed James Denkenberger to fill the vacancy created, AND WHEREAS, Mr. Denkenberger has resigned from the Board, NOW THEREFORE BE IT RESOLVED, that Legislator Mary Ann Discenza be and hereby is appointed to the Cooperative Extension Board of Directors to complete Mr. Boyden's term, ending December 31, 2015. AGENDA ITEM NO. 2 – Appoint Member Developmental Disability Subcommittee RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 264-15 Appoint Member Developmental Disability Subcommittee WHEREAS, the By-Laws of the Cortland County Community Services Board, Article 7, Section 1 which states "Each separate Subcommittee shall have no more than nine members appointed by the local governments, appointed by the Cortland County Legislature”, AND WHEREAS, the term of each member of the Subcommittee shall be four years, AND WHEREAS, there is currently a vacancy on the Developmental Disability Subcommittee due to the resignation of Kimberly McRae Friedman whose term will expire on December 31, 2017, NOW THEREFORE BE IT RESOLVED that the following appointment be made: NAME/ADDRESS: TERM EXPIRATION: Maria DeRado December 31, 2017 3283 Wellington Dr. Cortland NY 13045 ---PAGE BREAK--- Referred from Solid Waste Committee AGENDA ITEM NO. 3 – Award Solid Waste Equipment One New Truck Tractor RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF HARTNETT RESOLUTION NO. 265-15 Award Solid Waste Equipment One New Truck Tractor WHEREAS, the Highway Superintendent advertised, received and opened bids for a new Truck Tractor, AND WHEREAS, the bids for the new Truck Tractor are as follows: New Truck Tractor BIDDER BID Beam Mack Sales and Service, Inc. $110,037.00 6260 Malloy Rd. 2016 CHU613 East Syracuse, NY 13057 Auto Transmission Beam Mack Sales and Service, Inc. $104,856.00 6260 Malloy Rd. 2015 CHU613 East Syracuse, NY 13057 Standard Transmission Tracey Road Equipment, Inc. $105,949.00 6803 Manlius Center Road 2016 4700SF East Syracuse, NY 13057 Does not meet specifications Stadium International Trucks $115,283.00 105 7th North Street 2016 9900i 6x4 Liverpool, NY 13088 Kenworth Northeast Group, Inc. $127,754.00 100 Commerce Drive 2015 Kenworth T800 Buffalo, NY 14218 , AND WHEREAS, Tracey Road Equipment, Inc. cannot furnish said truck until January 31, 2016, they cannot meet the bid specification of a delivery date of 30 days from bid award date, AND WHEREAS, it would be in the best interest of Cortland County to purchase the 2016 Truck with the automatic Transmission from Beam Mack Sales and Service, Inc., 6260 Malloy Road, East Syracuse, NY, 13057 for the total bid amount of $110,037.00, AND WHEREAS, the funds for the purchase of the New Truck Tractor are available in the Solid Waste Equipment Reserve Account, NOW THEREFORE BE IT ---PAGE BREAK--- RESOLVED, that Solid Waste Budget be amended as follows: Decrease: EL 388110 Solid Waste Equipment Reserve Current $392,259 Decrease $110,037 New $282,222 Increase EL81605.52035 Solid Waste Equipment Current $0 Increase $110,037 New $110,037 , AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account EL51305.52035, Solid Waste Equipment Account for the purchase of One New Truck Tractor to Beam Make Sales and Service, Inc. for an amount not to exceed $110,037.00. Referred from Health & Human Services Committee AGENDA ITEM NO. 4 – Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 266-15 Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) WHEREAS, Cortland County Department of Social Services must execute several contracts for various administrative and program services for the calendar year 2016, AND WHEREAS, such contracts, costs, terms, functional areas and associated account numbers are listed in the attached chart, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review by the County Attorney or designee and subject to appropriation of funding by the Legislature, be and hereby is authorized to execute agreements between 12/31/15 and 12/31/16 for or with the following: All Metro Health Care Catholic Charities Community Action Program (CAPCO) Cortland County Central Services Cortland County Probation Department Cortland County Sheriff’s Department Cortland County Veteran’s Services Office DNA Diagnostic Center, Inc. Elmcrest Children’s Services Family Counseling Services Franciscan Health Support, Inc. Jennifer Genovese, ACSW, LCSW J.M. Murray Center ---PAGE BREAK--- L. Woerner, Inc. dba Home Care of Rochester LexisNexis Risk Solutions FL, Inc. Liberty Resources Lifeline Systems, Inc. PMI Document Solutions, Inc. Skeele Valley Detention Center Stafking Healthcare Systems, Inc. YWCA AGENDA ITEM NO. 5 – Authorize Agreements Department of Social Services (Day Care Services) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 267-15 Authorize Agreements Department of Social Services (Day Care Services) WHEREAS, the Cortland County Department of Social Services must be able to purchase day care services from day care centers to provide care for children eligible for the Low Income Day Care and Temporary Assistance Day Care programs, AND WHEREAS, the payment rates for such services are established by New York State as Child Care Market Rates, AND WHEREAS, funds are expended once services are authorized, required, and provided, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized and directed to execute contractual agreements in 2016 for Day Care Services with agencies/providers pursuant to criteria established by the New York State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that the said agreements shall be contingent upon the approval of the County Attorney or designee and subject to appropriation of funding by the Legislature. AGENDA ITEM NO. 6 – Authorize Agreements Department of Social Services (Foster Care) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 268-15 Authorize Agreements Department of Social Services (Foster Care) WHEREAS, the Cortland County Department of Social Services must be able to purchase foster care and adoption services for specialized care and placement of children, AND ---PAGE BREAK--- WHEREAS, the payment rates for such services are established by New York State as Maximum State Aid Rates, AND WHEREAS, the funds are expended once services are required and provided, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review by the County Attorney or designee, be and hereby is authorized and directed to execute contractual agreements in 2016 for foster care and adoption services with foster care and adoption agencies and/or foster care parents licensed or otherwise authorized by the New York State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that the said agreements shall be contingent upon the approval of the County Attorney or designee and subject to appropriation of funding by the Legislature. AGENDA ITEM NO. 7 – Authorize Agreements Department of Social Services (Work Experience Work Sites) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 269-15 Authorize Agreements Department of Social Services (Work Experience Work Sites) WHEREAS, the Cortland County Department of Social Services is required to provide Work Experience activities as part of an Employment Plan required by the New York State Office of Temporary and Disability, AND WHEREAS, there are no funds paid for such services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review by the County Attorney or designee, be and hereby is authorized and directed to execute contractual agreements from 12/31/15 through 12/31/16 for work experience site placements with the following: Cortland County Buildings and Grounds Cortland County Agency on Aging Cortland County Clerk Cortland County Employment and Training Cortland County Grants Administration Cortland County Health Department Cortland County Highway Department Cortland County Legislature Cortland County Mental Health Clinic Cortland County Personnel Department AGENDA ITEM NO. 8 – Medent Agreement - Authorize Agreement/Increase Budget - Mental Health ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 270-15 Medent Agreement - Authorize Agreement/Increase Budget - Mental Health WHEREAS, the Cortland County Mental Health Clinic would like to replace outdated software for client service documentation provided by DocuTraq and billing software provided by Accumedic, AND WHEREAS, Medent EMR/EHR Electronic Record/Electronic Health Record System has an integrated documentation and billing system and would provide software and specified hardware for the Mental Health Department, AND WHEREAS, Medent supplied a quote of $80,638 which includes installation of the software and the purchase of needed hardware, AND WHEREAS, Medent would maintain the system at no cost for the first 3 months and thereafter at a cost of $1,370 per month or $16,450 annually which has been included in the 2016 budget, AND WHEREAS, Medicaid is offering an Electronic Health Record incentive program which provides incentive payments to the two and one nurse practitioner at the Mental Health Department as they adopt, implement, upgrade and demonstrate meaningful use of certified EHR technology. This is new funding to the County from Medicaid. The first year incentive payment is $21,250 and continues over each of the next four years at $8,500 per year, totaling $63,750.00 for each provider. The and nurse practitioner have each agreed to assign the payments to the Mental Health Department. The first year payments would total $63,750 ($21,250 for each provider) which would be used to offset the cost of the system, AND WHEREAS, the Mental Health Department would use Federal Salary Sharing funding of $16,888 to pay the balance of the installation, software and hardware costs, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, is hereby authorized to execute agreements with Medent for the purchase of the software, hardware and maintenance of the products, AND BE IT FURTHER RESOLVED, that the 2015 County Mental Health budget be amended as follows: Current Revised Budget: Increase/Decrease: Revised Budget: A431044-44490-4200 Mental Health Fed Salary $84,279 +$16,888 $101,167 A431042-41620-4200 Mental Health Fees $1,748,810 +$63,750 $1,812,560 A43105-52060-4200 Computer Hardware/Software $0 +$69,888 $69,888 A43105-54002-4200 Computer Mtn/Agreements $0 +10,750 $10,750 AGENDA ITEM NO. 9 – Abolish/Create/Health Department/Health Education Division Registered Nurse/Full-Time to Registered Nurse/Part-Time ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 271-15 Abolish/Create/Health Department/Health Education Division Registered Nurse/Full-Time to Registered Nurse/Part-Time WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Registered Nurse and creating one part-time position of Registered Nurse, AND WHEREAS, the Health and Human Services Committee recommends the abolition and creation of this position, which is paid out of account A40105.51005, NOW THEREFORE BE IT RESOLVED, that one full-time position of Registered Nurse ($25.2719 -$29.3120/hr., NYSNA Contract), be and hereby is abolished effective October 22, 2015, at midnight, AND BE IT FURTHER RESOLVED, that one part-time position of Registered Nurse ($25.2719 -$29.3120/hr., NYSNA Contract), be created effective October 23, 2015, at 12:01, which is paid out of account A40105.51010, AND BE IT FURTHER RESOLVED, the 2015 budget is amended as follows: Decrease: A40105.51005 Personal Services Current $618,852 Decrease $6,514 Revised $612,338 Increase: A40105.51010 Part-Time Pay Current $ 32,375 Increase $6,514 Revised $38,889 AGENDA ITEM NO. 10 – Authorize Agreement/Accept Funds Health Education Traffic Safety and Injury Prevention Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 272-15 Authorize Agreement/Accept Funds Health Education Traffic Safety and Injury Prevention Program WHEREAS, the State of New York through the Governor’s Traffic Safety Committee has awarded the Cortland County Health Department $39,928 to continue to fund the Traffic Safety and Injury Prevention Program, HS1-2016-Cortland County HD-00039-(012), CFDA# 20.600, for the period of 10/01/15-9/30/16, AND WHEREAS, this will provide bike, pedestrian and traffic education programs to reduce the number of crashes, injuries, and deaths on New York’s roads, AND ---PAGE BREAK--- WHEREAS, these funds will need to be added to the 2015 County Budget: A401043.43450.15TRS Traffic Safety Grant Current: $0 Increase: ($39,928) A40105.51005.15TRS Personal Service Current: $0 Increase: $22,332 A40105.58020.15TRS Retirement Current: $0 Increase: $4,020 A40105.58030.15TRS FICA Current: $0 Increase: $1,708 A40105.58040.15TRS Workers Comp Current: $0 Increase: $477 A40105.58060.15TRS Health Insurance Current: $0 Increase: $5,600 A40105.58062.15TRS Dental Insurance Current: $0 Increase: $32 A40105.58065.15TRS Vision Insurance Current: $0 Increase: $9 A40105.54005.15TRS Office Supplies Current: $0 Increase: $400 A40105.54020.15TRS Postage Current: $0 Increase: $175 A40105.54035.15TRS Education & Training Current: $0 Increase: $1,000 A40105.54045.15TRS Travel Current: $0 Increase: $500 A40105.54048.15TRS Program Supplies Current: $0 Increase: $3,600 A40105.54078.15TRS Membership Dues Current: $0 Increase: $75 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to authorize an agreement with the State of New York to accept these funds. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 11 – Consultant Services - Emergency Response RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF BUSHNELL RESOLUTION NO. 273-15 Consultant Services - Emergency Response WHEREAS, in August of 2014 the Emergency Response and Communications Department issued an RFP for a consultant to "Evaluate Comprehensive Emergency Management Plan and Develop and Guide Emergency Management Exercises", AND WHEREAS, Witt O'Brien's and Tetra Tech responded to the original RFP where Witt O'Brien's was the successful lowest bidder, AND WHEREAS, while completing the Comprehensive Emergency Management plan it has been identified that the County is lacking both a "continuity of operations" plan and a "continuity of government" plan, AND WHEREAS, the county's auditing firm has also listed the lack of these plans as a "deficiency" in the audit review completed in 2013, AND WHEREAS, the County is desirous to expand the project to complete a "Continuity of Government Plan" and a "Continuity of Operations Plan", AND ---PAGE BREAK--- WHEREAS, in the Department of Emergency Response there is grant funding remaining for consulting services and exercise development, AND WHEREAS, Witt O'Brien's has provided an additional consulting services quote in accordance with the RFP in the amount of $79,498, NOW THEREFORE BE IT RESOLVED that Department of Emergency Response & Communications is authorized to engage Witt O'Brien's for the completion of a county "Continuity of operations plan", and a county "Continuity of Government plan" funded as follows: Account # H30205.54035.1682 $75,132 Account #H302043.43097.1682 $ 4,366 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with Witt O'Brien's at a cost not to exceed $79,498. AGENDA ITEM NO. 12 – Adopt Comprehensive Emergency Management Plan (CEMP) Emergency Response and Communications RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF BUSHNELL RESOLUTION NO. 274-15 Adopt Comprehensive Emergency Management Plan (CEMP) Emergency Response and Communications WHEREAS, the New York State Legislature has found that local Comprehensive Emergency Management Plans are essential in order to minimize potential disasters and their effects, provide for effective local responses when disasters occur, and facilitate local recovery, AND WHEREAS, the New York State Legislature further has found that local Comprehensive Emergency Management Plans constitute an essential part of the statewide disaster preparedness program and that without local disaster planning, no state disaster program can be fully effective, AND WHEREAS, New York State Executive Law states that each county is authorized to prepare local Comprehensive Emergency Management Plans and that the Cortland County Department of Emergency Response and Communication, with consultant Witt O'Brien (Res. 250-14), in cooperation with other county departments and emergency services agencies, has prepared a Comprehensive Emergency Management Plan (CEMP), NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the 2015 Cortland County Comprehensive Emergency Management Plan (CEMP). Referred from Personnel Committee AGENDA ITEM NO. 13 – Authorize Agreement Deferred Compensation Audit ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 275-15 Authorize Agreement Deferred Compensation Audit WHEREAS, the NYS Compensation Board requires that an annual audit be performed on the Cortland County Deferred Compensation Plan, AND WHEREAS, the Personnel Committee recommends that Ciaschi, Dietershagen, Little, Mickleson and Company, LLP conduct the audit for the year ending 2014, NOW THEREFORE BE IT RESOLVED, that the Chairman on the County Legislature, upon review and approval by the County Attorney or designee is hereby authorized and directed to execute a contract with Ciaschi, Dietershagen, Little, Mickleson and Company, LLP for an audit for fiscal year 2014 for a cost not to exceed $4,000.00 to be paid out of account #A14305-54750. AGENDA ITEM NO. 14 – Authorize Agreements Personnel /Civil Service (Several Agencies) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF PRICE RESOLUTION NO. 276-15 Authorize Agreements Personnel /Civil Service (Several Agencies) WHEREAS, the Personnel Department contracts for various professional services to assist in the provision of services, AND WHEREAS, funds have been allocated and proposed in the 2016 budget in account numbers as indicated below, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon and approval by the County Attorney or designee and subject to appropriation of funding by the Legislature, be and hereby is authorized to execute agreements beginning December 31, 2015 for or with the following to be paid from the accounts listed, and in accordance with the attached: One Group CH90605-54755 12-31-15 - 12-31-17 PSTEK, Inc. A14305-54014 12-31-15 - 12-31-16 Family and Children’s Services of Ithaca A14305-54615 12-31-15 - 12-31-17 Resources A14305-54505 12-31-15 - 12-31-17 Family Health Network A14305-54380 12-31-15 - 12-31-17 Coughlin & Gerhart, LLP A14305-54063 12-31-15 - 12-31-17 ---PAGE BREAK--- YMCA A14305-54380 12-31-15 - 12-31-17 EBS Benefit Solutions-Dental CH90605-58800 12-31-15 - 12-31-16 CH90605-54700 EBS Benefit Solutions-Vision CH90605-58800 12-31-15 - 12-31-16 CH90605-54700 EBS Benefit Solutions-Flex A19405-54770 12-31-15 - 12-31-16 EBS Benefit CH90605-58800 Solutions-Retiree Billing CH90605-54700 12-31-15 - 12-31-16 Hogan Drug and Alcohol Testing, LLP A14305-54380 12-31-15 - 12-31-17 ESI Group A14305-54615 12-1-15 - 12-31-16 AGENDA ITEM NO. 15 – Reallocate Funds for AED Purchase RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF WHEELOCK RESOLUTION NO. 277-15 Reallocate Funds for AED Purchase WHEREAS, the Cortland County Legislature has set forth funds in the 2015 County Budget for the payment of Personal Services for a County Administrator and Secretary to the County Administrator, AND WHEREAS, those positions have remained vacant for a portion of 2015, AND WHEREAS, we have five County locations in need of cabinet-mounted AED equipment (Highway Offices, 37 Church Street, DMV/Elections, Landfill and Mental Health) and 18 locations in need of portable AED equipment (8 Senior Centers, 8 Road Patrol Units, and 2 Highway crew unit), NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows: INCREASE: A36205.54075 (SAFETY OFFICE) EQUIPMENT $39,032 23 Powerheart AED G-5’s @$1495.00 $34,385 With 8 year warranty 25 sets pediatric pads @ $86.70 $2,168 3 sets pediatric pads for models 9300 & 9390 @ $75.00 $ 225 5 surface mount cabinets @ $209.00 $1,045 11 emergency pager dialer skylink AD-105 $1,209 ---PAGE BREAK--- 1 Powerheart AED G-5 trainer $ 0 DECREASE: A11755.51005 (COUNTY ADMIN) PERSONAL SERVICES $39,032 Referred from Budget & Finance Committee AGENDA ITEM NO. 16 – Transfer of County Property to Town of Cortlandville RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF WHITNEY RESOLUTION NO. 278-15 Transfer of County Property to Town of Cortlandville WHEREAS, Cortland County is the owner of two tax parcels, 95.00-06-04.200 (11.7 acres) and 105.00-03-02.000 (4.6 acres) in the Town of Cortlandville and currently has no use for this land, AND WHEREAS, the Town of Cortlandville is interested in taking possession of these two parcels as they are crucial for the protection of the Cortlandville aquifer, AND WHEREAS, the Town of Cortlandville has provided the Cortland County Sheriff’s Department with a K-9, training and equipment valued at approximately $25,000 at no cost to the County, NOW THEREFORE BE IT RESOLVED, that the County of Cortland agrees to convey the two parcels noted above to the Town of Cortlandville in exchange for the K-9, training and equipment provided to the County. AGENDA ITEM NO. 17 – Local Law of 2015 Rescind Local Law 2 of 2011 "TRUTH IN TAXATION IN CORTLAND COUNTY" RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF WHITNEY RESOLUTION NO. 279-15 Local Law of 2015 Rescind Local Law 2 of 2011 "TRUTH IN TAXATION IN CORTLAND COUNTY" WHEREAS, the Cortland County Legislature passed Resolution #241-11, "Local Law 2 of 2011 - A Local Law to Authorize the Enclosure of Notices with Property Tax Bills "Truth In Taxation in Cortland County"", AND WHEREAS, the intent of this law was to provide more visibility about the rising costs of Medicaid in the County Tax Levy from the 1990's through the early 2000's, AND ---PAGE BREAK--- WHEREAS the recommendation of the law, at that time, was supported by the NYS Association of Counties (NYSAC), AND WHEREAS the change in health insurance and its impact on Medicaid due to the Federal Patient Protection and Affordable Care Act has decreased the counties Medicaid costs, AND WHEREAS the continuation of this law is increasing county costs in postage, handling expenses and confusion of the tax rate on the county tax bills, AND WHEREAS, the proposed Local Law has sat on Legislator's desks for seven days, and a public hearing was held September 24, 2015, NOW THEREFORE BE IT ENACTED by the Legislature of the County of Cortland, as follows: Local Law 2 of 2011, A Local Law to Authorize the Enclosure of Notices with Property Tax Bills" also known as the "Truth In Taxation Law" in Cortland County is hereby rescinded. AGENDA ITEM NO. 18 – Adopt Proposed Local Law 5 Authorizing Cortland County to Override the Tax Levy Limit for Fiscal Year 2016 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF WHITNEY RESOLUTION NO. 280-15 Adopt Proposed Local Law 5 Authorizing Cortland County to Override the Tax Levy Limit for Fiscal Year 2016 WHEREAS, the New York State Legislature enacted General Municipal Law §3-c which establishes a limit upon real property tax levies by local governments, AND WHEREAS, pursuant to General Municipal Law §3-c a local government may adopt a budget in excess of the tax levy limit only if the governing body of such local government first enacts a local law to override the tax levy limit for the coming fiscal year only, AND WHEREAS, the Cortland County Legislature has not yet finalized the fiscal year 2016 budget, and may need the flexibility to exceed the property tax cap if it is deemed necessary; NOW THEREFORE, BE IT ENACTED by the Legislature of the County of Cortland, as follows: Section 1 Legislative Intent The Cortland County Legislature has determined that it is important to maintain flexibility in the process of finalizing the fiscal year 2016 budget, and it may be necessary to override the limit on the amount of real property taxes that may be levied by the County of Cortland for the coming fiscal year 2016. ---PAGE BREAK--- Section 2 Overrride of Tax Levy Limit Upon the adoption of this local law, the Cortland County Legislature is hereby authorized to override the tax levy limit for the coming fiscal year 2016, if the Legislature deems it necessary for the County of Cortland to adopt a budget for the fiscal year 2016 which 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 to override the tax levy limit for the coming fiscal year 2016 by the adoption of a local law approved by a vote of sixty percent (60%) of the total voting power of its governing body, the Cortland County Legislature. Section 4 Effective Date This Local Law shall take effect immediately, in accordance with the provision of the Municipal Home Rule Law of the State of New York. AGENDA ITEM NO. 19 – Resolution Establishing Fee Schedule For Documents, Records and Information Produced by Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: George Wagner, Legislative District 15 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF WHITNEY RESOLUTION NO. 281-15 Resolution Establishing Fee Schedule For Documents, Records and Information Produced by Real Property Tax Services WHEREAS, the Real Property Tax Services Office offers for purchase RPS files, printed maps, reports, mailing labels, online service and tax bills, AND WHEREAS, the Real Property Tax Services Office has to provide a fee schedule for the various products offered for purchase, NOW THEREFORE BE IT RESOLVED as follows: Section 1. That the Cortland County Legislature hereby establishes the fee schedule, attached hereto, for all documents, records and information produced by the Real Property Tax Services Department. Section 2. That the attached fee schedule becomes effective November 1, 2015. Section 3. That the Real Property Tax Director is hereby authorized to make, publish and enforce such fee schedule, and to establish rules and regulations as may be necessary to implement the same. ---PAGE BREAK--- CORTLAND COUNTY REAL PROPERTY FEE SCHEDULE: MAPS 1/2 SIZE MAPS (18” x 24”) 4.00 each 10 OR MORE 3.00 each FULL SIZE (30” or 42”) MAPS 5.50 each 10 OR MORE 4.00 each SET OF ½ SIZE MAPS-WHOLE COUNTY 750.00 COPIES OF MYLARS BROUGHT IN BY CUSTOMER 5.50 full sheet 4.00 half sheet POSTAGE - ½ SIZE 1.00 ADDITIONAL MAPS .75 per add’l map POSTAGE - FULL SIZE 1.25 ADDITIONAL MAPS .75 per add’l map CD - TAX MAPS WHOLE COUNTY 150.00 CD - TAX MAPS PER TOWN 20.00 COPIES DEEDS/SURVEYS 1.00 per page PRINT SCREENS/SALES CARDS 1.00 per page LEDGER SIZE COPIES 2.00 each FAX COPY 1.00 page (2.00 min) LISTINGS ALPHABETICAL, NUMERICAL OR LOCATION 75.00 COUNTY (no binder) BINDER FOR ABOVE LISTING 5.00 each BILLS SCHOOL BILLS & VILLAGE BILLS .65 per parcel (NO CHARGE TO TOWNS FOR TOWN/COUNTY BILLS) MAILING LABELS LABELS (3 WIDE) .04 per label LISTING (WITH LABELS) .50 per page SPECIAL LISTINGS SPECIAL PROGRAM AS NEEDED 1.00 per page SALES SHEETS .25 per page ESCROW COMPANIES 1,000.00 annually TAX ROLL DATA FILE (RPS160d1)-WHOLE COUNTY MUNICIPALITIES (1/2 price) LISTINGS .25 each LABELS .02 each ½ SIZE MAPS 2.00 each 10+ - 1.50/map FULL SIZE MAPS 2.75 each 10+ - 2.00/map DEEDS/SURVEYS .50 each ON-LINE SUBSCRIPTION FEE PER MONTH-PER USER 30.00 ---PAGE BREAK--- 2 WKS-PER USER 15.00 YEARLY SUBCRIPTION FEE: SINGLE USER 300.00/yr BUSINESS SITE LICENSE and 300.00/ yr ADDITIONAL EMPLOYEE(within same office) 30.00/yr/employee (SPECIAL CONSIDERATION FOR RESIDENTS OF A TOWN IN A REVALUATION YEAR) AGENDA ITEM NO. 20 – Adopt 2016 Budget Ms. Price made a motion to amend the Tentative Budget with the recommendations made by the Budget & Finance Committee. (See attached). Second by Ms. Discenza. All members voting in favor; none opposed. The motion was approved. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF BOYDEN RESOLUTION NO. 282-15 Adopt 2016 Budget WHEREAS, on October 20, 2015, the Budget & Finance Committee amended and adopted the 2016 Tentative Budget to present to the Cortland County Legislature, AND WHEREAS, a Public Hearing was held before this Legislature October 22, 2015, NOW THEREFORE BE IT RESOLVED that the 2016 Budget, as amended and revised be and hereby is adopted at a Real Property Tax Levy of $33,945,100, and that the amounts set forth in the "Adopted" column of said budget be and hereby are appropriated for the objects and purposes specified: 2016 ADOPTED BUDGET RESOLUTION GENERAL FUND REVENUES: PROPERTY TAX LEVY: $33,945,100 SALES TAX: $28,627,820 FEDERAL: $11,122,173 NEW YORK STATE: $13,137,980 DEPT FEES & GRANTS: $ 9,094,721 INTER COUNTY CHARGES $ 435,064 APPROPRIATED FUND BALANCE $ 154,000 APPROPRIATED OCCUPANCY TAX $ 65,460 TOTAL REVENUES: $ 96,582,318 EXPENDITURES: GENERAL GOVERNMENT SUPPORT $ 23,509,973 EDUCATION $ 2,638,676 PUBLIC SAFETY $ 15,161,816 HEALTH $ 11,798,824 ---PAGE BREAK--- TRANSPORTATION $ 890,000 ECONOMIC ASSIST. & OPPORTUNITY $ 35,282,932 CULTURE & RECREATION $ 284,133 HOME & COMMUNITY SERVICES $ 990,234 EMPLOYEE BENEFITS - UNALLOCATED $ 98,069 INTERFUND TRANSFERS $ 5,927,661 TOTAL EXPENDITURES: $ 96,582,318 ALL FUND TOTALS: A - GENERAL FUND $96,582,318 CH -MEDICAL BENEFITS $10,399,243 D - COUNTY ROAD FUND $ 7,680,952 E - ROAD MACHINERY $ 3,218,432 EL-SOLID WASTE (LANDFILL) $ 1,921,412 EL-SOLID WASTE (RECYCLING) $ 353,419 S - WORKER’S COMPENSATION $ 1,503,642 H - CAPITAL FUND $ 804,836 TOTAL ALL FUNDS = $122,464,254 AGENDA ITEM NO. 23 – Authorize Contract Extension - Bonadio & Company - Year End 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF WHITNEY RESOLUTION NO. 283-15 Authorize Contract Extension - Bonadio & Company - Year End 2015 WHEREAS, an independent financial audit is required by federal regulations to satisfy the “Single Audit Act Amendments of 1996 and Office of Management and Budget (OMB) Revised Circular A-133 known as “Audits of State and Local Governments and Non-profit Organizations, “ AND WHEREAS, the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156 sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards, AND WHEREAS, Circular A-133 -“Audit Of States, Local Governments, and Non-profit Organizations” is issued under the authority of sections 503, 1111, and 7501 et seq. of Title 31, United States Code, and Executive Orders 8248 and 11541, AND WHEREAS, the Office of the New York State Comptroller does not perform Single Audits for the County and the County Auditor is an internal auditor and is not an independent auditor for the purpose of the Single Audit requirements, AND WHEREAS, New York State Office of Mental Health, Mental Health Retardation Development Disabilities and Alcohol & Substance Abuse Services mandates an audit of the annual New York State Consolidated Fiscal Report, AND WHEREAS, Resolution 337-12 authorized and agreement with Bonadio & Company to perform the audits for years ending 2012, 2013 and 2014 (with options for 2015 and 2016 for $43,500 each year) to satisfy the Single Audit Act and the OMB Circular A-133, Revised, AND ---PAGE BREAK--- WHEREAS, the Director of Budget & Finance recommends a one-year option for year end 2015 for a cost of $43,500, not including additional fees charged if the County does not adhere to the approved audit schedule, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to execute a one-year contract option with Bonadio & Company for the year end 2015 audit and all other terms previously contracted upon by Resolution 337-12, AND BE IT FURTHER RESOLVED, that payment shall be made from the various and appropriate accounts associated with the terms of the Audit(s). AGENDA ITEM NO. 21 – Create Temporary Building Maintenance Mechanic Building and Grounds Department Mr. Boylan said there were three resolutions that were not on the agenda, and asked for a motion to Suspend the Rules of Order to allow them to be considered. Mr. Troy made a motion to suspend the Rules of Order. Second by Ms. Discenza. All members voting in favor; none opposed. The motion was approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF WHEELOCK RESOLUTION NO. 284-15 Create Temporary Building Maintenance Mechanic Building and Grounds Department WHEREAS, the needs of the County will be better served by creating one temporary full-time position with full benefits of Building Maintenance Mechanic, AND WHEREAS, the Buildings and Grounds Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one temporary full-time position with full benefits of Building Maintenance Mechanic in the Buildings and Grounds Department (CSEA, Grade 9 $15.2650-18.9437/HR, non- competitive class) be created effective October 23, 2015 at 12:01 A.M., until December 31, 2015, which is paid out of Account #:A16205 52076 2323, AND BE IT FURTHER RESOLVED, the 2015 budget is amended as follows: Increase: Current Change Final A16205 51005 Personal Services $649,743 $6,337 $656,080 A16205 58060 Family Health $195,971 $3,190 $199,161 A16205 58062 Family Dental $ 1,080 $ 15 $ 1,095 A16205 58065 Family Vision $ 273 $ 4 $ 277 A16205 58030 FICA $ 51,307 $ 517 $ 51,824 A16205 58040 Workers Comp $ 19,062 $ 209 $ 19,271 A16205 58020 Retirement $127,428 $1,282 $128,710 Decrease: A16205 52076 2323 Parking Lot Restoration $660,205 ($11,554) $648,651 ---PAGE BREAK--- AGENDA ITEM NO. 22 – Create Temporary Keyboard Specialist District Attorney’s Office RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Susan Briggs, James Denkenberger ON MOTION OF BUSHNELL RESOLUTION NO. 285-15 Create Temporary Keyboard Specialist District Attorney’s Office WHEREAS, the needs of the County will be better served by creating one temporary full-time position with no benefits of Keyboard Specialist, AND WHEREAS, the Judiciary/Public Safety Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one temporary full-time position with no benefits of Keyboard Specialist in the District Attorney’s Office (CSEA, Grade 5, $13.5658-16.8350/HR, competitive class) be created effective October 23, 2015 at 12:01 A.M., until December 31, 2015, which is paid out of Account #:A11655 51015, AND BE IT FURTHER RESOLVED, the 2015 budget is amended as follows: Decrease: A11655 51020 Overtime Current $4130 Decrease $1673 Revised $2457 A11655 54003 Office Furniture $ 615 $500 $115 A11655 54005 Office Supplies $ 868 $400 $468 A11655 54035 Education & Training $ 900 $700 $200 A11655 54040 Dues & Membership $1325 $600 $725 A11655 54045 Travel $1092 $700 $392 A11655 54065 Rent/Lease $ 467 $450 $ 17 A11655 54078 Fuel $ 400 $300 $100 Increase: A11655 51015 Temporary Pay Current $0 Increase $4750 Revised $4750 A11655 58030 Fica $12,124 $ 364 $12,488 A11655 58040 Workers Comp $0 $209 $ 209 Announcements Mr. Boyden congratulated Ms. Knolls and her family on the addition to their family, a new daughter named Madeleine. Adjourn Mr. Boyden adjourned the meeting. ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, November 19, 2015 6:00 PM Board Room Salute to the Flag Roll Call Attendee Name Title Status Arrived John R Troy Legislative District 1 Present Amy Cobb Legislative District 2 Excused Thomas P. Hartnett Legislative District 3 Present Richard Bushnell Legislative District 4 Present Luke Snyder Legislative District 5 Present Mary Ann Discenza Legislative District 6 Present Knolls Legislative District 7 Present Donnell Boyden Chair Present Linda Jones Legislative District 9 Present Gordon Wheelock Legislative District 10 Present Susan Briggs Legislative District 11 Present Joseph Steinhoff Legislative District 12 Present Kevin Whitney Majority Leader Present Sandra Price Minority Leader Present George Wagner Legislative District 15 Present James Denkenberger Legislative District 16 Present Charles Sudbrink Legislative District 17 Present Approval of Minutes Cortland County Legislature - Legislative Session - Oct 22, 2015 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: George Wagner, Legislative District 15 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb Privilege of the floor Ms. Briggs made a motion to extend privilege of the floor from 30 minutes, to allow two minutes per person. Second by Ms. Jones. All members voting in favor; none opposed. The motion was approved. Dr. Jim Doss spoke in opposition to Agenda Item No. 4, stating that heavy metals in ash can be dangerous to the public. He said studies have been done that show plants grown in similar products show heavy metals in them, and this material could get into the farm fields surrounding the landfill. ---PAGE BREAK--- Mr. Rick Nauseef, Deputy Mayor of the Village of McGraw, spoke in opposition to Agenda Item No. 4. He said clean up for any potential environmental concerns would be costly. Ms. Ellen Wright spoke in opposition to Agenda Item No. 4. She asked Legislators to consider the impact their vote will have on future generations. Ms. Marilyn DeLorenzo spoke in opposition to Agenda Item No. 4. She said the League of Women Voters held an educational forum on health and environmental impacts of the ash material, but only two Legislators attended to learn more. She said there are 45 states in NYS that do not allow ash to be used as BUD material, and NYS should be one of them. Ms. Norine Nichols spoke in opposition to Agenda Item No. 4. She said accepting Ash could cause problems to landfill workers, residents and wildlife. She encouraged the Legislature to adopt Flow Control. Mr. Stephen Furlin, Solon Town Supervisor spoke in opposition to Agenda Item No. 4. He commended the Legislature for hiring a Landfill Supervisor, and encouraged the Legislature to allow that position to fully evaluate operations before entering into a five-year contract with OCRRA. Ms. Susan Morgan spoke regarding Agenda Item No. 34. She said appointments made for the following years should be made by the sitting Legislature. She sited Article 13, section 2 of the NYS Constitution, and asked that the resolution be tabled until January. Ms. Alison King thanked the Legislature for appointing an Ad-Hoc Committee to review potential Health Impacts of accepting Ash. She said the Committee lacked the necessary resources to determine definitively what effects may or may not come from accepting ash, but that it was concluded that dioxins could be leached into the landfill from the ash, and that if spilled the Hazardous Material Response Team should be contacted. She submitted a statement to be included in the minutes. (See attached.) Mr. Paul Heider, Solon Town Councilman, spoke in opposition of Agenda Item No. 4. He suggested that tipping fees be increased to help offset losses. Mr. Lynn John Eaton (LJ) spoke in opposition to Agenda Item No. 4. He said if the Legislature approves Ash he will handcuff himself to fence at the landfill in protest. Mr. Tom Goble spoke in opposition of Agenda Item No. 4, and suggested that the issue go to a public referendum. Ms. Mary Heider spoke in opposition of Agenda Item No. 4. She said the issue is controversial and the Legislature does not have any proof that the ash material is safe, and therefore should be rejected. She said she is a cancer survivor and she believes there were environmental factors that caused it and she doesn't want others to go through the same health issues. Mr. Matt O'Rourke spoke in opposition to Agenda Item No. 4, and said the small group assembled in the audience is representative of the concerns of the majority of the public, who are opposed to the ash plan. Mr. Jim Weiss spoke in opposition to Agenda Item No. 4, and said the opinions of what has been labeled a vocal minority should not be dismissed. ---PAGE BREAK--- Ms. Rayne Butler spoke in opposition to Agenda Item No. 4, and said she is a cancer survivor and encouraged the Legislature to reject the resolution. Mr. Todd Miller spoke in opposition to Agenda Item No. 4. He presented an allegorical military story in which he concludes that unknown risks (such as ash) should be avoided. Mr. Michael spoke in favor of implementing Flow Control. He said his former colleagues at the DEC could not readily name a municipal landfill that has not implemented flow control. He said adopting flow control would raise an additional $360,000 per year. He also advocated for an increase in tipping fees. Mr. Richard O'Shea spoke in opposition of Agenda Item No. 4, and he submitted his comments to be included in the Minutes. (See attached.) Ms. Lee Miller spoke in opposition of Agenda Item No. 4. She said the DEC has a list of approved BUD material, and incinerator ash is not included. She said the EPA has designated a sole-source aquifer in Cortland County, and the landfill sits within it, so accepting ash is a threat to the County's water system, and asked if the Legislature is trying to kill residents. Ms. Lesa Williams spoke in opposition of Agenda Item No. 4. She submitted a petition with approximately 450 signatures in opposition (available in the Clerk of the Legislature's office), and spoke further in favor of raising the tipping fees. Mr. Tony Pace spoke in favor of Agenda Item No. 4. He said experts there are 27 landfills in NYS, and 12 of them use incinerator ash as BUD material. He said the DEC has approved the process. The County has a double liner at the landfill, and ash landfills only require a single liner. Waste to Energy plants have better technologies in recent years, and in the future. Ms. Kathie Arnold questioned how this Legislature can approve a five year contract, binding future Legislatures. She said the "hold harmless" clause in the proposed contract should be addressed in the event that ash causes health or environmental problems. Ms. Nicole Lener spoke in opposition of Agenda Item No. 4, saying there are laws restricting burning trash as it creates toxic byproducts. McGraw students Kaitlyn and Chelsi spoke in opposition to Agenda Item No. 4. McGraw student Trinity spoke in opposition to Agenda Item No. 4. Mr. Peter Beaudry, spoke in opposition to Agenda Item No. 4. saying that the estimated revenue and savings by this project is only $150,000 - which equals only one penny per day per County resident and the Legislature should focus on larger issues. 1. Privilege of the Floor Comments Submitted Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Captain Rob Derksen and Deputy Kim Natoli introduced the County's newest K-9 Officer, Frankie. Frankie comes from Holland, and is training in tracking and narcotics. Captain Derksen thanked the Legislature for providing funds for a second K-9 officer. ---PAGE BREAK--- Receive and File 1. Recommendation to Re-appoint Carl Bullock as Director of Veteran's Services RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb 2. Recommend Reappointment of Keith Dayton as Public Defender RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb 3. Recommend Reappointment of Karen Howe as Cortland County Attorney 4. Occupancy Tax Letter to NYS Comptroller The Legislature recessed for a moment to provide Ms. Briggs with a copy of the letter, as she had not received it via e-mail. Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Appoint Member Mental Health Subcommittee RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 286-15 Appoint Member Mental Health Subcommittee WHEREAS, the By-Laws of the Cortland County Community Services Board Article 7, Section 1 states that membership of the Subcommittees shall consist of nine members appointed by the Cortland County Legislature, AND ---PAGE BREAK--- WHEREAS, the term of each member of the Subcommittee shall be four years, AND WHEREAS, there is currently a vacancy on the Mental Health Subcommittee due to the resignation of Trish Hansen whose term will expire on December 31, 2016, NOW THEREFORE BE IT RESOLVED that the following appointment be made: NAME/ADDRESS: TERM EXPIRATION: Guy December 31, 2016 7 Meadow Dr Homer NY 13077 Referred from Building & Grounds Committee AGENDA ITEM NO. 2 – Amend Budget/Authorize Agreement - Website Design Consultant Information Technology Ms. Briggs asked if any local vendors provided a proposal. Mr. Boylan said local companies were provided an RFP and declined to provide a response. RESULT: ADOPTED [14 TO 2] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Linda Jones, Susan Briggs EXCUSED: Amy Cobb ON MOTION OF WHEELOCK RESOLUTION NO. 287-15 Amend Budget/Authorize Agreement - Website Design Consultant Information Technology WHEREAS, the Cortland County Legislature wishes to develop a professional, user-friendly and interactive online presence that provides for government transparency, AND WHEREAS, the County issued a Request for Proposals for a consultant to redesign the Cortland County website, including all departments pages, AND WHEREAS, five proposals were received and reviewed by the Information Technology Department, and the County Personnel Committee recommends contracting with CivicPlus, for the design, hosting and annual maintenance of the Cortland County website for a cost not to exceed an initial cost of $26,994, with an annual maintenance fee of $4,000 per year, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into an agreement with CivicPlus302 S. 4th Street, Manhattan, KS 66502, for the design, hosting and annual maintenance of the Cortland County website(s), for a term to expire December 31, 2017, and that the cost of said services shall be paid out of account A16805 54055, AND BE IT FURTHER RESOLVED that the 2015 budget be amended as follows: Current Amount Final Increase: A16805 54055 $ 1,000 $26,994 $ 27,994 ---PAGE BREAK--- PROFESSIONAL SERVICES Decrease: A16805 51005 $461,055 $26,994 $434,061 PERSONAL SERVICES Referred from Highway Committee AGENDA ITEM NO. 3 – Authorize Extension Of State Snow & Ice Control Agreement Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF STEINHOFF RESOLUTION NO. 288-15 Authorize Extension Of State Snow & Ice Control Agreement Highway Department WHEREAS, the County of Cortland pursuant to Section 12 of the Highway Law, relating to control of Snow and Ice on State Highways in Towns and incorporated Villages, has heretofore entered into an agreement with the State of New York for such purposes, and WHEREAS, Sections 7 and 10 of the said agreement respectively provide a method of modification of the map of affected state highway and an annually updating the estimated expenditure, and WHEREAS, it would be in the best interest of Cortland County to extend the agreement as modified and updated an additional one year period, NOW, THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland hereby authorizes such extension of the said Snow and Ice Agreement for a period of one year, to expire on June 30, 2018, AND BE IT FURTHER RESOLVED, that, the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is authorized to execute an agreement effecting such extension and modification. Referred from Solid Waste Committee AGENDA ITEM NO. 4 – Resolution Authorizing a Contract with the Onondaga County Resource Recovery Agency (OCRRA) for the Use of Ash as Alternative Daily Cover at the County Landfill Mr. Kevin Voorhees of Barton & Logudice said ash disposal in NYS has a nearly 30-year history. In 2008 there was a million tons of ash being disposed of in landfills. Twelve of the landfills were using about 200,000 tons of ash as BUD material, each of which needed individual approval from the DEC. The remaining tonnage, about 800,000 tons, is buried as waste in landfills. He said landfills in long island prohibit solid waste from being buried, and only accept incinerator ash. Mr. Troy asked about ash being banned from use in up to 45 other states. Mr. Voorhees said he is unaware of any such bans. Mr. Troy asked about the ash blowing away from the landfill. Mr. Voorhees said the ash is ---PAGE BREAK--- wetted down during transportation and solidifies over time, and that blowing ash particles are not a concern. Mr. Pat Snyder, the County's legal counsel on this issue, said he has prepared the short form of Environmental Assessment Form for acceptance of ash, and a negative declaration of any environmental impact is warranted. He said he has reviewed the resolution and draft contract as well and there he has no objections. Ms. Briggs said there are options other than acceptance of ash to offset costs at the landfill, such as flow control and raising tip fees should be considered, particularly when the public is opposed to a project. Mr. Boylan read a roll call vote. The motion failed with a weighted vote of 20,447. The Legislature then recessed for two minutes to allow the audience to disperse. RESULT: DEFEATED [7 TO 9] MOVER: Thomas P. Hartnett, Legislative District 3 AYES: Troy, Hartnett, Bushnell, Boyden, Wheelock, Whitney, Sudbrink NAYS: Snyder, Discenza, Knolls, Jones, Briggs, Steinhoff, Price, Wagner, Denkenberger EXCUSED: Amy Cobb Referred from Health & Human Services Committee AGENDA ITEM NO. 5 – Authorize Agreement/Accept Funds Health Department/Administration Special Programs Traffic Safety and Injury Prevention Program Child Passenger Safety Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 289-15 Authorize Agreement/Accept Funds Health Department/Administration Special Programs Traffic Safety and Injury Prevention Program Child Passenger Safety Program WHEREAS, the State of New York through the Governor’s Traffic Safety Committee has awarded the Cortland County Health Department $11,500 to continue to fund the Child Passenger Safety Program, CPS-2016-Cortland County HD-00063-(012), CFDA# 20.600, for the period of 10/01/15- 9/30/16, AND WHEREAS, this will provide education on the proper use and installation of child safety seats in New York State, AND WHEREAS, these funds will need to be added to the 2015 County Budget: A401043.43450.15TRS Traffic Safety Grant Current: $0 Increase: ($11,500) A40105.54365.15TRS Car Seat Expense Current: $0 Increase: $ 9,500 A40105.54048.15TRS Program Supplies Current: $0 Increase: $ 2,000 , NOW THEREFORE BE IT ---PAGE BREAK--- RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with the State of New York to accept these funds. AGENDA ITEM NO. 6 – Authorize Agreements - Area Agency on Aging (Several Agencies, Departments, Etc.) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 290-15 Authorize Agreements - Area Agency on Aging (Several Agencies, Departments, Etc.) RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney as to form and subject to any appropriation of funding by the Legislature, be and hereby is authorized to execute agreements in 2016 for or with the following: Caregivers Home Care Carolyn Allen, RD Classen Home Health Associates Comfort Keepers Cortland County Office of Employment and Training Cortland Housing Assistance Council, Inc. Cortland Regional Nursing & Rehabilitation Facility Critical Signal Technologies, Inc., GTL, Inc. (d/b/a Link to Life) Elder Choice, Inc. Elizabeth Brewster House Franciscan Companies Integrity Home Care Services Scott United Methodist Church Seniors at Home LLC (d/b/a Home Instead Senior Care) Walden Place New York State Office for the Aging Access to Independence Cortland County Community Action Program Inc. (CAPCO) Cortland County Department of Social Services Cortland Regional Medical Center Long Term Home Health Care Program Fidelis Care Independent Living Systems (iCircle) Liberty Resources, Inc. New York State Energy Research and Development Authority Visiting Nurse Service of New York Choice VNA Home Care Options Central New York Chapter Alzheimer's Association ---PAGE BREAK--- SEPP Corporation Seven Valley Health Coalition Town of Homer Town of Willet Truxton United Methodist Church Village of Marathon Village of McGraw AGENDA ITEM NO. 7 – Authorize Agreement - Department of Social Services - Elmcrest Children's Center Ms. Monroe said this is not a new program. DSS used to contract with Cornell Cooperative Extension for this service. CCE has indicated they will not provide the service anymore, so the County will contract with Elmcrest. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 291-15 Authorize Agreement - Department of Social Services - Elmcrest Children's Center WHEREAS, the Cortland County Department of Social Services put out a Request for Proposals for Parent Aide, Parent Training and Foster Care Visitation Services and opened the bids on October 13, 2015, AND WHEREAS, the bids for Parent Aide, Parent Training and Foster Care Visitation Services were as follows: BIDDER BID Elmcrest Children’s Center $254,200.00 (subject to lease negotiations) CAPCO $269,687.25 Berkshire Farm $289,125.64 , AND WHEREAS, Cortland County Department of Social Services is desirous of contracting with Elmcrest Children’s Center to provide parent aide and family visitation services for eligible Cortland County recipients, AND WHEREAS, Cortland County Department of Social Services intends to combine this new program service with an existing preventive services contract with Elmcrest Children’s Center in an amount of $290,900 that is already included in the 2016 County Budget and approved for contract authority per resolution 266-15, AND WHEREAS, the new funding needed for this Agreement is already appropriated in the 2016 County Budget and is approximated as indicated within the following accounts: Services for Recipients A60105.56070 2016 budget: $107,272 Family Assistance A60105.56109 2016 budget: $146,928 ---PAGE BREAK--- , NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of December 31, 2015 through December 31, 2016 in an amount not to exceed $550,000 with Elmcrest Children’s Center. AGENDA ITEM NO. 8 – Contract Authorization Professional Services for 2016 Budget for Mental Health RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 292-15 Contract Authorization Professional Services for 2016 Budget for Mental Health WHEREAS, the Cortland County Mental Health Department must execute several contracts for professional services, AND WHEREAS, such contracts, costs, and associated account numbers are listed below: Contractor: Cost: Account Account Name: Bonadio Group $1,000 A43105-54750-4200 Auditor Empire Interpreting $1,500 A43105-54055-4200 Professional Services Madison Cortland ARC $21,700 A43105-54870-4223 NYSARC Contract Sentry Alarms $750 A43105-54023-4200 Maint , NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to appropriation of funding by the Legislature, is hereby authorized to execute agreements for 2016 for or with The Bonadio Group, Empire Interpreting Service, Madison Cortland ARC, and Sentry Alarms. AGENDA ITEM NO. 9 – Contract Authorization - Medent and Ability Network Software for Mental Health RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 293-15 Contract Authorization - Medent and Ability Network Software for Mental Health WHEREAS, the Cortland County Mental Health Department must execute several contracts for access to and maintenance of several software systems, AND ---PAGE BREAK--- WHEREAS, such contracts, costs, and associated account numbers are as follows: Contractor: Cost: Account Acct Name: Ability Network $1,200 A43105-54002-4200 Computer Mtn/Agreements Medent $9,720 A43105-54002-4200 Computer Mtn/Agreements , NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to appropriation of funding by the Legislature, is hereby authorized to execute agreements for 2016 for Ability Network and Medent. AGENDA ITEM NO. 10 – OMH State Aid Increase SPOA Ms. Discenza abstained and disclosed that she sits on the Board of Directors for Catholic Charities. RESULT: ADOPTED [15 TO 0] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSTAIN: Mary Ann Discenza EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 294-15 OMH State Aid Increase SPOA WHEREAS, the Office of Mental Health has increased the amount of funding for the SPOA program to support the enhanced role of SPOA/Conflict of Interest compliance in regards to Home and Community Based Services wavier, AND WHEREAS, items to be purchased include 2 tablets, a projector, contract with a SPOA parent partner through Catholic Charities, books, travel and supplies, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: Increase: CURRENT CHANGE FINAL A431043-43490-4202 Revenue ($23,186) ($8,000) ($31,186) A43105-52015-4202 Tech. Equip. $0 $850 $850 A43105-52060-4202 Comp. Equip. $0 $2,000 $2,000 A43105-54005-4202 Office Supply $15 $1,700 $1,700 A43105-54004-4202 Software $0 $500 $500 A43105-54010-4202 Printing $0 $150 $150 A43105-54041-4202 Publications $0 $1,800 $1,800 A43105-54047-4202 Mileage $100 $100 $200 A43105-54078-4202 Fuel $0 $50 $50 A43105-54301-4202 Rental Car $0 $100 $100 A43105-54870-4202 Contracts $0 $750 $750 , AND BE IT FURTHER ---PAGE BREAK--- RESOLVED, that contract with Catholic Charities be amended to include the increase in State Aid Funding for SPOA. AGENDA ITEM NO. 11 – Contract Authorization State Aid for Various Agencies Ms. Discenza abstained and disclosed that she sits on the Board of Directors for Catholic Charities. RESULT: ADOPTED [15 TO 0] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSTAIN: Mary Ann Discenza EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 295-15 Contract Authorization State Aid for Various Agencies WHEREAS, the Cortland County Mental Health Department receives pass-through funding from New York State Office of Alcohol and Substance Abuse Services and New York State Office of Mental Health for agencies to provide mental health services, AND WHEREAS, revenue and associated expenses have been requested in the 2016 budget, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to appropriation of funding by the Legislature, is hereby authorized to execute agreements for 2016 for or with the following: Contractor: Cost: Account Number: Title: Catholic Charities ($623,034.00) A431043-43490-4213 Mental Health Program-State Aid Catholic Charities $623,034.00) A43105-54870-4213 CC CSS Contract Catholic Charities ($289,567) A431043-43492-4224 OASAS Catholic Charities $289,567 A43105-54870-4224 MH Contracts Cortland City Schools ($90,051) A431043-43492-4211 OASAS Cortland City Schools $90,051 A43105-54870-4211 Cortland Schools Contract Cortland Hospital ($111,184) A431043-43490-4222 Mental Health Program-St Aid Cortland Hospital $111,184 A43105-54870-4222 CMH Contract Family Counseling ($786,245) A431043-43492-4208 OASAS Family Counseling $786,245 A43105-54870-4208 FC OASAS Contract Family Counseling ($114,320) A431043-43490-4226 Mental Health Program-St Aid Family Counseling $114,320 A43105-54870-4226 MH Contracts Franziska Racker ($39,975) A431043-43490-4219 F Racker Reinvestment Contract Franziska Racker $39,975 A43105-54870-4219 Mental Health Program-St Aid JM Murray Center ($196,555) A431043-43490-4216 Mental Health Program-St Aid JM Murray Center $196,555 A43105-54870-4216 JMM CSS Contract Mental Hlth Assoc. ($22,351) A431043-43490-4221 Menta Health Program-St Aid Mental Hlth Assoc. $22,351 A43105-54870-4221 MH Assoc Contract ---PAGE BREAK--- AGENDA ITEM NO. 12 – Amend Budget/Contract Mental Health Department Increase in State Aid for Catholic Charitites Ms. Discenza abstained and disclosed that she sits on the Board of Directors for Catholic Charities. RESULT: ADOPTED [15 TO 0] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSTAIN: Mary Ann Discenza EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 296-15 Amend Budget/Contract Mental Health Department Increase in State Aid for Catholic Charitites WHEREAS, the Office of Mental Health has increased the amount of funding for Catholic Charities in the amount of $5,945.00 for the addition of 3 supported housing beds, AND WHEREAS, the Office of Alcohol and Substance Abuse Services has increased the amount of funding for Catholic Charities in the amount of $15,961 for one time funding for per diem staff due to staff turnover, AND WHEREAS Cortland County Mental Health Clinic and Catholic Charities entered into contract #399-14 for the period December 31, 2014 through December 31, 2015, for $889,497, NOW THEREFORE BE IT RESOLVED, that the 2015 County Mental Health budget be amended as follows: ACCT NUMBER: DESCRIPTION: CURRENT CHANGE FINAL A431043-43490-4213 Catholic Charities Revenue ($617,089) 5,945) ($623,034) A43105-54870-4213 Mental Health Contract $617,089 $ 5,945 $623,034 A431043-43492-4224 OASAS Revenue ($286,574) ($15,961) ($302,535) A43105-54870-4224 Mental Health Contract $286,574 $15,961 $302,535 , AND BE IT FURTHER RESOLVED, that contract with Catholic Charities be amended to include the increase in State Aid Funding. AGENDA ITEM NO. 13 – Authorize Agreement of Employment and Training Department Year- Round Youth Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 297-15 Authorize Agreement of Employment and Training Department Year- Round Youth Program WHEREAS, the Workforce Innovation Opportunity Act (WIOA) of 2014 has made funds available to operate a year-round youth program, AND WHEREAS, the Youth Council of the Cayuga-Cortland Workforce Development Board (WDB) initiated RFP's in 2014 with the proviso that successful awards could be extended through August 31, 2017, at the discretion of the WDB, AND WHEREAS, this issuance was subject to the continued availability of WIOA Youth Funds and dependent on meeting performance standards in the current year before continuing for the next year, AND WHEREAS, $53,170 of the WIOA Youth Funds are available for programs and services in Cortland County, AND WHEREAS, the Executive Committee of the Cayuga-Cortland WDB has authorized the execution of the contract with the Cortland County Office of Employment and Training Grant Administration to operate and oversee the execution of programs in Cortland County for the program year of September 1, 2015 through August 31, 2016, AND WHEREAS, the Human Services Committee of the Cortland County Legislature reviewed this recommendation and concurs, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized and directed to execute the above Agreement with the County Employment and Training Department, AND BE IT FURTHER RESOLVED, that the Chairman execute such agreements with other agencies as necessary to conduct components of the Year-Round Youth program in accordance with the terms and conditions of the executed agreement, AND BE IT FURTHER RESOLVED, that the cost of said Agreement will be paid from Federal Workforce Innovation Opportunity Act funds through account # A629244 42375 and shall not exceed $53,170, AND IT BE FURTHER RESOLVED, that the upon approval of the Budget and Finance Officer and the County Attorney’s approval, that the County Treasurer and the Department of Employment and Training be and hereby authorized to make payments against the Agreement in accordance and terms and conditions of the executed Agreement. AGENDA ITEM NO. 14 – Amend Contract Accumedic RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 298-15 Amend Contract Accumedic ---PAGE BREAK--- WHEREAS, the Cortland County Mental Health Clinic and Accumedic entered into contract #346-14 for the period October 1, 2014 through September 30, 2015 to cover the annual cost of maintenance of the clinics billing and scheduling software system, AND WHEREAS, the Mental Health Clinic would like to extend the contract until December 31, 2015, AND WHEREAS the cost of maintenance is $422 per month and the increase in the cost of extending the maintenance agreement for 3 months is $1,266 and funds are available in the 2015 budget in account A43105-54004-4200 (Computer software) to cover the cost, NOW THEREFORE BE IT RESOLVED, that contract #346-14 with Accumedic be amended to include the cost of the additional three months of maintenance. AGENDA ITEM NO. 15 – Authorize Re-Appointment Public Health Director Health Department Upon approval of the Resolution, Mr. Boylan administered the Oath of Office to Ms. Feuerherm. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 299-15 Authorize Re-Appointment Public Health Director Health Department WHEREAS, the appointment of the Public Health Director expired on January 31, 2015, AND WHEREAS, the Board of Health, after evaluation, recommended the re-appointment of Catherine Feuerherm as Public Health Director for Cortland County, AND WHEREAS, the Chair of the Legislature, after evaluation, also recommends the re-appointment, AND WHEREAS, the Health Committee has evaluated Ms. Feuerherm and recommends her re- appointment as Public Health Director, NOW THEREFORE BE IT RESOLVED, that Catherine Feuerherm be and hereby is re-appointed as Public Health Director for a term of six years beginning on January 31, 2015, at an annual salary set with the Management Compensation Plan as may be amended from time to time. AGENDA ITEM NO. 16 – Authorize Agreement/ Release Funds Health Department 2016 Advancing Tobacco Free Communities Grant ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 300-15 Authorize Agreement/ Release Funds Health Department 2016 Advancing Tobacco Free Communities Grant WHEREAS, Resolution #248-15 authorized Cortland County to accept funds from New York State Department of Health, Advancing Tobacco Free Communities Grant, Contract # C-029671, AND WHEREAS, the County will contract with the following outside agencies to implement the work plan required under the grant: James Mutabiilwa, Tompkins County Health Department and Joel LaLone for the period of 7/1/15-6/30/16, AND WHEREAS, for the period 7/1/15-12/31/15 from the 2015 Expenditure line A40105.54812.15TBC, Cortland County will reimburse: James Mutabiilwa at an amount not to exceed $11,284; Tompkins County Health Department at an amount not to exceed $23,216; and Joel LaLone at an amount not to exceed $4,000, AND WHEREAS, for the period 1/1/16-6/30/16 from the 2016 Expenditure line A40105.54812.15TBC, Cortland County will reimburse: James Mutabiilwa at an amount not to exceed $11,284 Tompkins County Health Department at an amount not to exceed $23,215 Joel LaLone at an amount not to exceed $4,000, , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by t h e B u d g e t a n d F i n a n c e O f f i c e r a n d t h e C o u n t y Attorney, are hereby authorized to contract with the above agencies and authorizes the Cortland County Treasurers office to release funds accordingly. AGENDA ITEM NO. 17 – Abolish/Create/Health Department Nurse Practitioner/Full-Time to Nurse Practitioner/Part-Time (20Hrs/Week) and Nurse Practitioner/Part-Time (17Hrs/Week) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 301-15 ---PAGE BREAK--- Abolish/Create/Health Department Nurse Practitioner/Full-Time to Nurse Practitioner/Part-Time (20Hrs/Week) and Nurse Practitioner/Part-Time (17Hrs/Week) WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Nurse Practitioner and creating one part-time (20hrs/week) position of Nurse Practitioner and one part- time (17hrs/week) position of Nurse Practitioner , AND WHEREAS, the Health and Human Services Committee recommends the abolition and creation of these positions, which is paid out of account A40355.51005, NOW THEREFORE BE IT RESOLVED, that one full-time position of Nurse Practitioner ($31.3297-36.3382/hr., NYSNA Contract, competitive class), be and hereby is abolished effective December18, 2015 at midnight, AND BE IT FURTHER RESOLVED, that one part-time position (20hrs/week) of Nurse Practitioner ($31.3297- 36.3382/hr., NYSNA Contract, competitive class), be created effective December 19, 2015 at 12:01, which is paid out of account A40355.51010, AND BE IT FURTHER RESOLVED, that one part-time position (17hrs/week) of Nurse Practitioner ($31.3297- 36.3382/hr., NYSNA contract, competitive class), be created effective December 19, 2015 at 12:01, which is paid out of account #A40355.51010, AND BE IT FURTHER RESOLVED, the 2015 budget is amended as follows: A40355.51055 Personal Services Current: $56,293 Decrease: ($1,755) A40355.51010 Part Time Current: $12,681 Increase: $1,755 Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 18 – Award Bid/Authorize Agreement NYS DOT Federal Section 5311 Mass TransportationCapital Project, Supplemental Grant Agreement Contract C003761, PIN 3794.19.302 Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF TROY RESOLUTION NO. 302-15 Award Bid/Authorize Agreement NYS DOT Federal Section 5311 Mass TransportationCapital Project, Supplemental Grant Agreement Contract C003761, PIN 3794.19.302 Cortland County Planning Department WHEREAS, Resolution No. 359-12 authorized the Cortland County to sign the grant application, accept agreement and amend the budget for consolidated grant funds under Contract C003761 from the New York State Department of Transportation, pursuant Federal Section 5311, Title 49 United States Code, for projects to provide public mass transportation service for fixed route and demand responsive service throughout the County, with limited service to contiguous counties by First Transit, Inc., Cortland County’s public transportation provider and the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider, for the 2013 and 2014 fiscal years, AND ---PAGE BREAK--- WHEREAS, Resolution 280-14 authorized Cortland County’s acceptance of the Mass Transportation Capital Agreement under Contract C003761 for Supplemental Grant Agreement to include specific PIN Numbers 3793/17.302, 3793/18.302, 3794.19.302 and 3794.20.302 for the purchase of buses and related equipment, purchase shop equipment and purchase miscellaneous equipment for a total grant award of $475,000, AND WHEREAS, the Planning Department received three written quotes for a pressure washer as part of the purchase shop equipment under the Mass Transportation Capital Agreement, Contract Number C003761 for Supplemental Grant Agreement PIN# 3794.19.302, as follows: Alpha DC Motors $7,388.23 5949 East Molloy Road Syracuse, NY 13211 Capital Tractor, Inc. $8,940.35 1135 State Route 29 Greenwich, NY 12834 Snap on Tools $11,415.00 2801 80th Street Kenosha, WI 53143-5656 , AND WHEREAS, New York State Department of Transportation has approved the quotes and indicated the use of the lowest bidder, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to sign an agreement with Alpha DC Motors, Inc., 5949 East Molloy Road, Syracuse, NY 13211 for payment out of account number A56305-52030 Motor Vehicle Capital Equipment. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 19 – Authorize Agreement Office of the Sheriff's Jail Black Creek Integrated Systems Corporation RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF BUSHNELL RESOLUTION NO. 303-15 Authorize Agreement Office of the Sheriff's Jail Black Creek Integrated Systems Corporation WHEREAS, the maintenance agreement for the Black Creek Integrated System Corporation Software will expire December 31, 2015, AND WHEREAS, the cost for the maintenance agreement is $13,809 annually, for the period of January 1, 2016 through December 31, 2016, AND ---PAGE BREAK--- WHEREAS, the Sheriff is authorized to pay this annual billing in JANUARY, 2016, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, be and is hereby authorized to sign an agreement with Black Creek Integrated Systems Corporation at a cost per year not to exceed $13,809 to be paid from Account A31505-54002 Computer Maintenance Agreements. AGENDA ITEM NO. 20 – Accept Funds/Amend Budget Mr. Steinhoff thanked the Village of McGraw for their donation to assist in the costs of a new K-9 Officer. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF BUSHNELL RESOLUTION NO. 304-15 Accept Funds/Amend Budget WHEREAS, Cortland County Sheriff's Department has a donation made by the Village of McGraw, New York for use within our K-9 Program in the amount of $430.00 NOW THEREFORE, BE IT, RESOLVED, that the Cortland County Sheriff's Department accept the donation from said Village, AND BE IT FURTHER RESOLVED, the 2015 budget be amended to reflect the acceptance of these funds with the following adjustments to the 2015 budget: Increase: A311042.42705-3115 Gifts & Donations ($6,449) ($930.00) ($7,379) A31105.54800.3115 Program Expense $5,749 $930 $6,679 , AND BE IT FURTHER RESOLVED, that if the full amount of the K9 Gifts and Donations are not expended under line A3115.54800.3115 at the end of the 2015 Fiscal Year, that the County Treasurer is hereby authorized to place any unspent donated funds into a K9 Reserve account number A388905. AGENDA ITEM NO. 21 – Accept 2015-2016 STOP DWI Grant Program Funds - Sheriff's Department ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 305-15 Accept 2015-2016 STOP DWI Grant Program Funds - Sheriff's Department WHEREAS, the NYS STOP DWI Foundation has been awarded a grant to participate in New York State's Highway Safety Program in which Cortland County STOP DWI has been accepted to participate in and receive partial grant monies from the State for period of October 1, 2015 to September 30, 2016, NOW THEREFORE BE IT RESOLVED, the Cortland County STOP DWI Program accept the grant, and that the 2015 budget be amended to reflect the acceptance of these funds with the following adjustments to the 2015 budget: Current Change Revised Revenue A331543.43389.DW State Aide-Stop DWI ($8,455) ($8,455) Expense A33155.54520.DWI Enforcement STOP DWI $0 $8,455 $8,455 , AND BE IT FURTHER RESOLVED, that if the full amount of the STOP DWI grant, is not expended under line A33155.54520.DWI at the end of the 2015 Fiscal Year, that the County Treasurer is hereby authorized to reallocate the unspent funds and anticipated revenue in the 2016 budget via a 2016 budget resolution. Referred from Personnel Committee AGENDA ITEM NO. 22 – Reallocate Funds for AED Purchase RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 306-15 Reallocate Funds for AED Purchase WHEREAS, the Cortland County Legislature has set forth funds in the 2015 County Budget for the payment of Personal Services for a County Administrator and Secretary to the County Administrator, AND WHEREAS, those positions have remained vacant for a portion of 2015, AND ---PAGE BREAK--- WHEREAS, we have eight County locations in need of cabinet-mounted AED equipment (Highway Bldg#4, Public Safety Building, Jail, Airport, West Court Street, Grant Street, Recycling Center, and Dwyer Park) and 4 locations in need of portable AED equipment (Fire Coordinator, and 3 Highway Crew Unit), NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget be and hereby is amended as follows for purchase of the listed items: 12 Powerheart AED G-5’s @$1495.00 $17,940 With 8 year warranty 12 sets pediatric pads @ $86.70 $ 1,041 8 surface mount cabinets @ $209.00 $ 1,672 8 emergency pager dialer skylink AD-105 $ 880 INCREASE: Current Change Revised A36205.54075 EQUIPMENT $42,151 $21,533 $63,684 DECREASE: A11755.51005 PERSONAL SERVICES $290,971 ($21,533) $269,438 , AND BE IT FURTHER RESOLVED THAT, the County Treasurer is hereby authorized to release payment for respective expenses through the 2015 budget. AGENDA ITEM NO. 23 – Revise Self Insurance Rates Employees Health Benefits Program RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 307-15 Revise Self Insurance Rates Employees Health Benefits Program WHEREAS, the County sets premium equivalent rates to be charged to individuals, employees and/or County agencies participating in the County’s Health, Dental and Vision Insurance programs, AND WHEREAS, said premiums are based upon claims experience within each program, AND WHEREAS, BCG has recommended premium equivalents based upon projected claims during the period January 1, 2016 through December 31, 2016, NOW THEREFORE BE IT RESOLVED, that effective January 1, 2016, the premium equivalents to be charged to the individuals, employees and/or County agencies participating in the Cortland County Government Employee’s Health Benefits Program shall be in accordance with the attached schedule, AND BE IT FURTHER RESOLVED, that the Personnel Office is hereby directed to notify the affected parties of this revision. ---PAGE BREAK--- Referred from Budget & Finance Committee AGENDA ITEM NO. 24 – Community College Chargeback RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 308-15 Community College Chargeback WHEREAS, the Cortland County approved a Community College Charge back in the amount of $375,000 in the 2015 Adopted Budget under account line #A24905.54110, AND WHEREAS, NYS Education Law Section 6305 allows fees known as "charge backs" to be assessed to counties when their residents attend a community college outside of their home county, AND WHEREAS, the current amount that has been submitted for reimbursement from outside community colleges is now at $406,433 due to a recent invoices from NYS community colleges, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature authorizes the Budget and Finance office to amend the 2015 budget as follows and authorizes the County Treasurer to release payment as authorized: Current Change Final INCREASE: A24905.54110 Charge Back $375,000 $45,000 $420,000 DECREASE: A19905.54775 Contingency $ 91,898 -$45,000 $ 46,898 AGENDA ITEM NO. 25 – 2015 Third Quarter Sales Tax Distribution RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 309-15 2015 Third Quarter Sales Tax Distribution WHEREAS, the Cortland County Board of Legislators established board resolution #260-15, related to the distribution and calculation of Sales Tax, from the County to Local sharing municipalities, with appropriate offsets of the Radio Project and Sales Tax Credits, AND ---PAGE BREAK--- WHEREAS, the 2015 third quarter sales tax payments are now ready for disbursement, NOW THEREFORE BE IT RESOLVED THAT, Cortland County Legislature authorizes the County Treasurer to release sales tax payments for the third quarter of 2015 as so stated below from account # A19855.54101 in either the form of a county check or by direct bank transfer as per the request of the receiving municipality: Cortland, City of $1,237,834.68 Cincinnatus, Town of 56,611.62 Cortlandville, Town of 609,713.79 McGraw, Village of 28,690.13 Cuyler, Town of 45,266.64 Freetown, Town of 42,899.58 Harford, Town of 43,832.00 Homer, Town of 222,339.02 Homer, Village of 163,978.34 (includes Cortlandville & Homer splits) Marathon, Town of 67,778.11 Marathon, Village of 36,611.18 Preble, Town of 104,703.13 Scott, Town of 64,543.63 Solon, Town of - 0 - (due to Town sales tax credit resolution) Taylor, Town of 21,434.79 Truxton, Town of 54,282.17 Virgil, Town of 180,465.21 Willet, Town of 50,990.97 TOTAL $3,031,974.99 AGENDA ITEM NO. 26 – Mortgage Tax Distribution - 2015 Final RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 310-15 Mortgage Tax Distribution - 2015 Final WHEREAS, that the apportionment of the current mortgage tax monies including the Base Amount as reported by NYS Department of Taxation and Finance for the period listed of April 1, 2015 through September 30, 2015 and the accrued interest for the same period, as submitted by the Budget and Finance Committee, be approved as per Local Law D, Resolution #262-15, NOW THEREFORE BE IT RESOLVED, that the County Treasurer is hereby authorized to make apportioned mortgage tax payments to each of the listed tax districts within the County of Cortland as shown below upon approval of the full board, either by check or by electronic bank deposit based on the request of the receiving municipality: MUNICIPALITY BASE AMOUNT INTEREST TOTAL Cortland, City of $79,345.06 $7.34 $79,352.40 ---PAGE BREAK--- Cincinnatus, Town of 1,732.99 .16 1,733.15 Cortlandville, Town of 62,593.48 5.78 62,599.26 McGraw, Village of 1,438.51 .13 1,438.64 Cuyler, Town of 2,419.81 .22 2,420.03 Freetown, Town of 3,049.64 .28 3,049.92 Harford., Town of 4,956.02 .46 4,956.48 Homer, Town of 37,574.28 3.47 37,577.75 Homer, Village of 10,405.87 .96 10,406.83 Lapeer, Town of 5,898,83 .54 5,899.37 Marathon, Town of 7,329.68 .68 7,330.36 Marathon, Village of 1,648.25 .15 1,648.40 Preble, Town of 9,165.56 .85 9,166.41 Scott, Town of 5,888.94 .54 5,889.48 Solon, Town of 4,960.85 .46 4,961.31 Taylor, Town of 447.74 .04 447.78 Truxton, Town of 4,170.67 .39 4,171.06 Virgil, Town of 23,916.99 2.21 23,919.20 Willet, Town of 3,081.51 .28 3,081.79 GRAND TOTALS $270,024.68 $24.94 $270,049.62 AGENDA ITEM NO. 27 – 2016 Occupancy Tax Distribution Ms. Discenza disclosed that she serves on the Board of Directors of the Cortland Downtown Partnership. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 311-15 2016 Occupancy Tax Distribution WHEREAS, the appointed Occupancy Tax Allocation Committee met on November 3rd, 2015 to review and recommend amounts for distribution on the available occupancy tax funds based on presented applications, AND WHEREAS, that recommendation is being presented to the Board through the Budget & Finance Committee for consideration for approval, NOW THEREFORE BE IT RESOLVED, that the County Treasurer is hereby authorized to make payments to each of the listed agencies as shown below, either by check or by electronic bank deposit based on the request of the agency, AND BE IT FURTHER RESOLVED that the Director of Budget and Finance is authorized to modify the 2016 Adopted Budget, in January 2016, to reflect the committee's recommendation as approved by the Budget and Finance Committee and the Cortland Board of Legislators as follows: 2016 Budget Change Revised ---PAGE BREAK--- A64105.54838 Tourism Allocation $452,979 $222,930) $230,049 A64105.54824 1890 House - 0- 10,000 10,000 A64105.54790 Brockway Truck - 0 - 10,000 10,000 A64105.54791 Center for Arts Homer - 0 - 12,000 12,000 A64105.54792 Central NY Maple Fest - 0 - 7,500 7,500 A64105.54794 Cincinnatus Corn Fest - 0 - 1,500 1,500 A64105.54841 CNY Living History - 0 - 10,000 10,000 A64105.54795 Cortland Area Innkeepers - 0- 11,000 11,000 A64105.54823 Cortland Celtic Fest - 0 - 4,000 4,000 A64105.54826 Historical Society - 0 - 9,500 9,500 A64105.54856 Downtown Partnership - 0 - 13,500 13,500 A64105.54857 Regional Sports Council - 0 - 44,000 44,000 A64105.54840 Cortland Repertory Theater 23,000 23,000 A64105.54835 Cultural Council - 0 - 10,000 10,000 A64105.54797 Holiday in Homer - 0 - 3,000 3,000 A64105.54798 Homer Music Series - 0 - 750 750 A64105.54799 Homer Winterfest - 0 - 3,500 3,500 A64105.54829 JM McDonald Sports - 0 - 35,000 35,000 A64105.54832 Little York Fiber Fest - 0 - 1,000 1,000 A64105.54843 Main St Music Series - 0 - 3,500 3,500 A64105.54833 McGraw Fire Antique - 0 - 300 300 A64105.54834 Cortland Pumpkinfest - 0 - 3,500 3,500 A64105.54851 Lime Hollow Nature - 0 - 5,380 5,380 A64105.54837 United Way Cortland - 0 - 1,000 1,000 , AND BE IT FURTHER RESOLVED, that the County Treasurer is allowed to disburse from the 2016 budget to the respective listed agencies an amount not to exceed what has been allocated per agency, based on the above listed agencies securing a signed contract with Cortland County and presentation of approved, eligible invoices which have occurred during the 2016 calendar year. AGENDA ITEM NO. 28 – Reporting of Real Property Tax Installment Agreements Ms. Howe said the County Treasurer is an elected position and the Legislature can’t force her to provide this report. Mr. Troy made a motion to amend the resolution to "request" rather than "require." Second by Ms. Discenza. All members voting in favor; none opposed. The motion was approved and the resolution was amended. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 312-15 Reporting of Real Property Tax Installment Agreements WHEREAS, the Cortland County Legislature has the obligation for fiscal oversight of the County as a whole, AND ---PAGE BREAK--- WHEREAS, the initiation of Real Property Tax Installment Agreements from the County Treasurer's Office impact the overall financial projections of anticipated revenues of the County, NOW THEREFORE BE IT RESOLVED, that the Board is requesting the County Treasurer to report effective upon adoption of this resolution, the Real Property Installment Agreements initiated in the prior 30 days to the Budget & Finance Committee's meeting, AND BE IT FURTHER RESOLVED, that this report is to reflect tax parcel number of the installment party, real property taxes, relevies and interest owed by year in the agreement plan, the details of the installment agreement plan including payment over allowed Twenty Four (24) month period, interest charged during term of plan, and any parties who are in default of current installment agreements. AGENDA ITEM NO. 29 – Establish Correctional Facility Capital Project Reserve Account Mr. Whitney made a motion to amend the resolution to strike the word "female" from the resolution, allowing revenue from boarding in all inmates to go into the reserve. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved and the resolution was amended. Ms. Briggs made a motion that the balance of the reserve account be used for any un- budgeted costs, not just repairs or for a new jail facility, and that the reserve account be held in perpetuity, not just through 2015. Second by Mr. Whitney. All members voting in favor; none opposed. The motion was approved and the resolution was amended. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 313-15 Establish Correctional Facility Capital Project Reserve Account WHEREAS, the Cortland County Correctional Facility on occasion has the opportunity to house in inmates due to an expanding correctional population, AND WHEREAS, the revenue earned from this housing opportunity is neither expected or budgeted, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature authorizes the Director of Budget and Finance to establish a Correctional Facility Reserve Account #A388750 for the purpose of repair, construction, Capital Projects or other related expenses to the Correctional Facility, AND BE IT FURTHER RESOLVED that all revenue received in any calendar year, related to housing in inmates be placed in said reserve. AGENDA ITEM NO. 30 – Permission to Establish Reserve Bank Accounts ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 314-15 Permission to Establish Reserve Bank Accounts WHEREAS, Cortland County has established reserves that are reflected on the financial statements but are accounted for in a combined cash account, AND WHEREAS, it is the desire of the NYS Comptroller and the Cortland County Board of Legislature to account for and separate reserve funds into individual bank accounts, NOW THEREFORE BE IT RESOLVED that the Cortland County Legislature authorizes the County Treasurer and the Director of Budget and Finance to identify and establish separate bank accounts within the deposit guidelines established by the County. AGENDA ITEM NO. 31 – 2014 - 2015 Enlarged School District- Final Real Property Tax Payment RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 315-15 2014 - 2015 Enlarged School District- Final Real Property Tax Payment WHEREAS, Cortland County has an agreement with the Enlarged School Tax Districts within the City of Cortland to make said districts whole for any unpaid property taxes, AND WHEREAS, final tax collections have been submitted and verified with the Delinquent Tax Receiver, NOW THEREFORE BE IT RESOLVED, the County Board of Legislators authorizes the County Treasurer to make said districts whole for the base amount and interest earned for the 2014-2015 Enlarged School District Tax Year in the following amounts from Account #A266100 - Due to City School District: Payments received by County in October = $ 26,159.24 Unpaid Taxes which the County is making the district whole = $138,413.40 TOTAL TO CITY SCHOOL DISTRICT = $164,572.64 AGENDA ITEM NO. 32 – Approve Apportionment of 2016 Cortland County Tax Levy ---PAGE BREAK--- RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 316-15 Approve Apportionment of 2016 Cortland County Tax Levy WHEREAS, the Report of the Budget and Finance Committee on the apportionment and tax rates for County taxes as submitted to this Legislature be received, filed and approved NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislatures hereby approve the Final 2016 Apportionment report for the tax levy for the year 2016 as the foregoing amounts are the net amounts necessary to be raised in taxes: APPORTIONMENT Net 2016 2016 CORTLAND COUNTY Tax Levy Taxable Tax Rate TAX LEVY Value per $1,000 Cortland County Cortland, City of 7,752,788.35 525,442,914 14.754768 Cincinnatus, Town of 736,359.83 45,244,497 16.275125 Cortlandville, Outside 7,844,667.40 536,772,395 14.614513 McGraw, Village of 367,065.56 25,183,396 14.575698 Homer, Village of 57,967.21 4,089,525 14.174558 Cortlandville, Town Total 8,269,700.17 566,045,316 43.364769 Cuyler, Town of 593,538.48 44,413,623 13.363883 Freetown, Town of 560,240.70 32,432,678 17.273958 Harford, Town of 724,972.36 53,961,535 13.434984 Homer, Town of 2,865,493.20 188,869,467 15.171818 Homer, Village of 2,045,710.30 140,369,462 14.573756 Homer, Town Total 4,911,203.50 329,238,929 29.745574 Lapeer, Town of 787,837.54 76,030,135 10.362175 Marathon, Outside 857,500.89 56,429,653 15.195927 Marathon, Village of 472,878.22 32,329,407 14.626876 Marathon, Town Total 1,330,379.11 88,759,060 29.822803 Preble, Town of 1,392,334.60 87,934,421 15.833784 Scott, Town of 856,122.02 55,613,584 15.394117 Solon, Town of 577,205.35 45,463,248 12.696087 Taylor, Town of 362,074.37 23,347,235 15.508233 Truxton, Town of 969,192.25 67,896,007 14.274657 Virgil, Town of 2,509,343.18 176,278,040 14.235143 Willet, Town of 706,278.62 43,083,470 16.393262 GRAND TOTALS 33,039,570.44 2,261,184,692 COUNTY DISTRIBUTION 33,945,100 2,261,184,692 15.012086 ---PAGE BREAK--- AGENDA ITEM NO. 33 – Create Reserve Account/Sheriff 'S Department RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: George Wagner, Legislative District 15 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF BUSHNELL RESOLUTION NO. 317-15 Create Reserve Account/Sheriff 'S Department WHEREAS, Cortland County Sheriff's Department request of a Reserve Account for the Special Program line, AND WHEREAS, the Special Program line is funded by donations from the community for the use within the Sheriff's K-9 Unit Program, AND WHEREAS, the funds in the 2015 budget be rolled over to the 2016 County Budget in a Reserve Account A388905, NOW THEREFORE BE IT RESOLVED, the balance of the Special Programs in the Sheriff's Department have any, and all, unspent funds rolled over to the 2016 County Budget, AND BE IT FURTHER RESOLVED, the 2016 budget be amended to reflect the creation of a Reserve Account for the Sheriff's Special Program: Increase: Revenue A312042.41511 Gifts & Donations $2,901 Decrease: Expense A31205-54360 Special Programs $2,901 AGENDA ITEM NO. 34 – Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 318-15 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau WHEREAS, the New York State Division of Tourism's Matching Grant Program is designated to encourage tourism promotion throughout New York and adjacent states, AND WHEREAS, the Cortland County Convention and Visitors Bureau Inc., a non-profit organization, promoting Cortland County as a tourism destination, qualifies as the official Tourism Promotion Agency for Cortland County, AND ---PAGE BREAK--- WHEREAS, the Cortland County Convention and Visitors Bureau has requested to be designated the Tourism Promotion Agency for Cortland County in 2016, NOW THEREFORE BE IT RESOLVED, that the Cortland County Convention and Visitors Bureau, Inc. is hereby designated by the Cortland County Legislature to make application for and receive grants on behalf of the County pursuant to the New York State Tourism Promotion Act. AGENDA ITEM NO. 35 – Authorize Lease Agreement - 49 Grant St. - Elmcrest Children's Center for the Purpose of Providing Services for Parent Aide, Parent Training and Foster Care Visitation Services - Department of Social Services Ms. Briggs asked how the price per square foot of $8 was determined and is too low. Ms. Howe said this was a negotiated rate. Ms. Jones said the initial rate was $7.50 per square foot and Ms. Howe, Ms. Cobb and the B&G Committee negotiated the rate to with Elmcrest paying the utilities. RESULT: ADOPTED [15 TO 1] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Susan Briggs EXCUSED: Amy Cobb ON MOTION OF WHEELOCK RESOLUTION NO. 319-15 Authorize Lease Agreement - 49 Grant St. - Elmcrest Children's Center for the Purpose of Providing Services for Parent Aide, Parent Training and Foster Care Visitation Services - Department of Social Services WHEREAS, the Cortland County Department of Social Services put out a Request for Proposals for Parent Aide, Parent Training and Foster Care Visitation Services and opened the bids on October 13, 2015, AND WHEREAS, on October 13, 2015, upon review of bids a recommendation was made to authorize an agreement with Elmcrest Children's Center for the time period of December 31, 2015 through December 31, 2016, AND WHEREAS, Elmcrest Children’s Center has requested to enter into a lease agreement with Cortland County to use the County-owned property located at 49 Grant Street, Cortland, New York, to operate the programming they have been contracted for, AND WHEREAS, authorization of a lease agreement would benefit eligible Cortland County families as well as provide revenue in the form of rental income, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature and the Department of Social Services , upon and approval by the County Attorney or designee be and hereby is authorized to execute a one-year lease agreement with Elmcrest Children’s Center effective January 1, 2016 through December 31, 2016. ---PAGE BREAK--- AGENDA ITEM NO. 36 – Reallocate Salary - County Legislature Clerk of the Legislature Mr. Boylan explained that this six months ago this position was a Grade 10. The Legislature then added responsibilities and reallocated the title to a Grade 7. Now, upon his departure those responsibilities have been taken back out and the job will be moved back to a Grade 9. The Clerk will remain the County Historian and the Public Information Officer. RESULT: ADOPTED [15 TO 1] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Linda Jones EXCUSED: Amy Cobb ON MOTION OF PRICE RESOLUTION NO. 320-15 Reallocate Salary - County Legislature Clerk of the Legislature WHEREAS, the Personnel/Civil Service Office has reviewed the salary grade for the position of Clerk of the Legislature, AND WHEREAS, it was recommended that the aforesaid position be reallocated from Management/Management Confidential Compensation Employment Policy Grade 7 to Grade 9, NOW THEREFORE BE IT RESOLVED, that the position of Clerk of the Legislature be and hereby is reallocated from Management/Management Confidential Compensation Employment Policy Grade 7 ($50,686- 61,668/YR.) to Grade 9 ($43,861-53,363/YR.) effective January 1, 2016. AGENDA ITEM NO. 37 – Authorize Contract - Director of Budget and Finance Mr. Whitney made a motion to go into Executive Session to discuss Contract Negotiations. Second by Mr. Troy. All members voting in favor; none opposed. Following the executive session, Ms. Price made a motion to amend the resolution to strike all references to "reappoint" and replace with "contract" or "Contracted employee." Second by Mr. Troy. All members voting in favor of the amendment, none opposed. The motion was approved the resolution was amended. RESULT: ADOPTED [12 TO 4] MOVER: Kevin Whitney, Majority Leader SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Steinhoff, Whitney, Price, Wagner NAYS: Linda Jones, Susan Briggs, James Denkenberger, Charles Sudbrink EXCUSED: Amy Cobb ON MOTION OF WHITNEY RESOLUTION NO. 321-15 Authorize Contract - Director of Budget and Finance WHEREAS, the appointment of the Director of Budget and Finance will expire on December 31, ---PAGE BREAK--- 2015, AND WHEREAS, the Budget and Finance Committee, after evaluation, recommends authorizing a new employment contract with Peggy Mousaw as Director of Budget and Finance, AND WHEREAS, the County Administrator, after evaluation, also recommends executing a new contract, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute on behalf of the County Legislature an employment agreement with Peggy Mousaw for a term beginning December 31, 2015, at an annual salary set with the Management Compensation Plan and subject to the terms and conditions of the Employment Agreement attached hereto, for a term to expire on December 31, 2017 Announcements Adjourn ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, December 17, 2015 6:00 PM Board Room 1 Public Hearing Public Hearing - Local Law F of 2015 - Amending Law No. 1 for the Year 2008 and Local Law 16 of 2014, Which Established a Plan of Mutual Self-Insurance for Worker’s Compensation; Amend Rules and Regulations and Apportionment Mr. Boylan read the legal notice and asked if there was anyone that wished to address the legislature, seeing none he closed the public hearing. Salute to the Flag Roll Call Attendee Name Title Status Arrived John R Troy Legislative District 1 Present Amy Cobb Legislative District 2 Present Thomas P. Hartnett Legislative District 3 Present Richard Bushnell Legislative District 4 Present Luke Snyder Legislative District 5 Present Mary Ann Discenza Legislative District 6 Present Knolls Legislative District 7 Present Donnell Boyden Chair Present Linda Jones Legislative District 9 Present Gordon Wheelock Legislative District 10 Present Susan Briggs Legislative District 11 Excused Joseph Steinhoff Legislative District 12 Present Kevin Whitney Majority Leader Present Sandra Price Minority Leader Present George Wagner Legislative District 15 Present James Denkenberger Legislative District 16 Present Charles Sudbrink Legislative District 17 Present ---PAGE BREAK--- 2 Approval of Minutes Cortland County Legislature - Legislative Session - Nov 19, 2015 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs Privilege of the floor Colin Cummins President CSEA spoke in opposition to agenda item number 25. He advocated for a one percent pay increase for managers rather than the proposed 1.5% increase. Proclamations & Recognitions Mr. Boylan read a proclamation recognizing Ms. Briggs service on the legislature. Mr. Boylan read a proclamation recognizing Sheriff Lee Price's 47 years of service in the sheriff's department. Mr. Bushnell presented the certificate and Ms. Price and Mr. Boylan presented Sheriff Price with a county flag. Sheriff Price thanked the Legislature for their support over the years. Mr. Whitney provided a crumpled appreciation thanking Mr. Boylan for his years of service. Mr. Boylan said it has been an honor serving the Legislature and the residents of Cortland County. Presentation of Petitions, Communications, and Notice Receive and File 1. Unpaid School Taxes for the Year 2015 RESULT: APPROVED [UNANIMOUS] MOVER: Kevin Whitney, Sandra Price SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs 2. Unpaid Village Taxes for 2015 RESULT: APPROVED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs Reports of Standing, Special and Ad Hoc Committees ---PAGE BREAK--- 3 Articles Postponed to Day Certain Unfinished Business New Business Resolutions Referred from Building & Grounds Committee AGENDA ITEM NO. 1 – Authorize Contract - IT Support Services - Town of Cortlandville RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHEELOCK RESOLUTION NO. 322-15 Authorize Contract - IT Support Services - Town of Cortlandville WHEREAS, the County of Cortland, through its Cortland County Information Technology Department has offered local communities its expertise by providing computer services that will include any and all PC/Network support requirements, AND WHEREAS, the Cortland County Information Technology Department has sufficient capability to provide these services to local communities, AND WHEREAS, it is the intent of this agreement for the Cortland County Information Technology Department to provide services that will help save or avoid costs to the local communities participating with Cortland County on this shared service effort, AND WHEREAS, the County and the Town have determined that it is of mutual benefit for the parties to enter into this cooperative Agreement pursuant to Article 5-G of the General Municipal Law, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the contract commencing December 31, 2015 and expiring December 30, 2016 , for $50 per hour, on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 2 – Authorize Contract - IT Support Services - Cortlandville Fire District RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHEELOCK RESOLUTION NO. 323-15 Authorize Contract - IT Support Services - Cortlandville Fire District ---PAGE BREAK--- 4 WHEREAS, the County of Cortland, through its Cortland County Information Technology Department has offered local communities its expertise by providing computer services that will include any and all PC/Network support requirements, AND WHEREAS, the Cortland County Information Technology Department has sufficient capability to provide these services to local communities, AND WHEREAS, it is the intent of this agreement for the Cortland County Information Technology Department to provide services that will help save or avoid costs to the local communities participating with Cortland County on this shared service effort, AND WHEREAS, the County and the Fire District have determined that it is of mutual benefit for the parties to enter into this cooperative Agreement pursuant to Article 5-G of the General Municipal Law, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign a contract with the Cortlandville Fire District, commencing December 31, 2015 and expiring December 30, 2016 , for $50 per hour, on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 3 – Reallocation of Buildings & Grounds Appropriations RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHEELOCK RESOLUTION NO. 324-15 Reallocation of Buildings & Grounds Appropriations WHEREAS, the 2015 budget reflected a revised budget with appropriations for capital related items such as Parking Lot Renovation in the amount of $639,901.48 under account #A16205.52076, and WHEREAS, said project has been completed and the department requires reallocation of remaining funds for other projects and appropriations that have developed during the year, NOW THEREFORE BE IT RESOLVED THAT the Director of Budget and Finance is hereby authorized to make the following budget modification: Current Change Final A16205.52076 PROPERTY REPAIRS>$500 $639,901 $(-34,700) $605,201 A16205.54055 PROFESSIONAL SERVICES - 0 - 4,200 4,200 A16205.54003 OFFICE FURNITURE - 0- 5,500 5,500 A16205.54076 PROPERTY REPAIRS 118,785 25,000 143,785 , AND BE IT FURTHER RESOLVED, that the remaining unspent funds allocated for the Parking Lot Renovation be established to a Building and Grounds Capital Project Reserve account for utilization for major building repairs in the estimated amount of $112,905 to reserve account #A388301. ---PAGE BREAK--- 5 Referred from Highway Committee AGENDA ITEM NO. 4 – Amend Budget - Truxton Tully Road Project - Highway RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF STEINHOFF RESOLUTION NO. 325-15 Amend Budget - Truxton Tully Road Project - Highway WHEREAS, the Truxton Tully Road Rehabilitation Project (PIN 3755.45) has been approved by the New York State Department of Transportation and the project is to be funded with 80% Federal funds, 15% State Marchiselli Aid and 5% local share, AND WHEREAS, the Truxton Tully Road Highway Rehabilitation Project (PIN 3755.45) was approved by Resolution # 69-11, for a total estimated cost of $3,355,000.00 AND WHEREAS, an amount of $2,195,000.00 for the construction and construction administration/inspection of said project has been approved by the NYSDOT, AND WHEREAS, The County of Cortland awarded the construction agreement by Resolution #139-15 to Suit-Kote Corporation, 1911 Lorings Crossing Rd., Cortland, NY 13045 for an amount of $2,112,927.43, AND WHEREAS, the Superintendent of Highways has approved a change order on contract for an amount of $51,266.53, AND WHEREAS, Suit Kote Corporation has applied a fuel and asphalt adjustment to final costs of the completed project in the amount of $38,480.04), AND WHEREAS, said change order and adjustments total $12,786.49, AND WHEREAS, the final cost of the actual work completed by Suit Kote Corporation is $2,125,713.92 of which $1,839,392.79 has been paid to Suit Kote Corporation, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature approves the additional amount of $12,786.49 to be paid to Suit Kote Corporation, for a total final payment amount of $286,321.13, AND BE IT FURTHER RESOLVED, that the 2016 Budget be amended as follows: Increase Expense: Current Change Final H51125.52600.5126 Truxton Tully Rd. $2,195,000 $12,787 $2,207,787 A99505.59950 Transfer to Capital $ 639 Increase Revenue: H512243.43597.5126 State Revenue $ 389,250 $ 1,918 $ 391,168 H511244.44597.5126 Federal Revenue $2,076,000 $10,230 $2,086,230 H511248.45031.5126 IF Transfer Revenue $ 129,750 $ 639 $ 130,389 ---PAGE BREAK--- 6 AGENDA ITEM NO. 5 – Award Fuel System Service Agreement Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF STEINHOFF RESOLUTION NO. 326-15 Award Fuel System Service Agreement Highway Department WHEREAS, the Highway Superintendent has received a quote for a maintenance agreement for the fuel system at the County Highway Department, AND WHEREAS, the fuel system is a proprietary system which requires the service and software upgrades by SYN-Tech Systems, Incorporated, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards a one year Fuel System Maintenance Agreement to SYN-Tech Systems, Incorporated, 100 Four Points Way, Tallahassee, Florida 32305 for a total amount not to exceed $700.00, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said service contract from Account E51305.54050. AGENDA ITEM NO. 6 – Transfer of Funds Within the 2015 County Road Fund Budget Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Steinhoff, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF STEINHOFF RESOLUTION NO. 327-15 Transfer of Funds Within the 2015 County Road Fund Budget Highway Department WHEREAS, the Cortland County Highway Committee has recommended the transfer of funds within the Highway Department Budget to cover the actual costs associated with various Highway Department Construction and Maintenance Projects now that they are almost completed, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Department, the following funds shall be transferred, AND BE IT FURTHER RESOLVED, that the 2015 County Budget be adjusted as follows: Increase: Current Change Final Equipment D51125.54065.7021 Freetown Crossroad Rehab -6,677) $ 7,000 $ 323 D51125.54065.7022 Taylor Valley Road Rehab $(-34,146) $35,000 $ 854 D51125.54065.7023 Parker St. Rehab $(-14,949) $16,000 $1,051 ---PAGE BREAK--- 7 D51125.54065.7034 Landers Corners Rd. Rehab -9,221) $10,000 $ 779 D51125.54065.7035 East River Rd. Rehab $(-29,143) $30,000 $ 857 D51125.54065.7036 West State Rd. Rehab $(-44,725) $45,000 $ 275 D51125.54065.7037 McGraw North Rd. Rehab $(-53,016) $55,000 $1,984 D51125.54065.7039 Bloody pond Rd. Rehab $(-34,006) $35,000 $ 994 D51125.54065.7046 Cheningo Rd. Culvert $ 100 $ 93 D51125.54065.7050 West Scott Rd. Culvert -262) $ 1,000 $ 738 D51125.54065.7052 Locust Ave. Rehab -2,467) $ 3,000 $ 533 D51105.54065.03 Crack Sealing -498) $ 2,000 $ 1,501 D51105.54065.04 Driveway Culverts -1,562) $ 3,000 $ 1,438 D51105.54065.08 Roadside Mowing -7,850) $ 8,000 $ 150 D51105.54065.12 Surface Treatment $(-31,554) $52,000 $20,446 D51105.54065.15 Guiderail Repairs - 2,891) $ 5,000 $2,190 Total Increase $307,100 Decrease: Equipment D51125.54065.7041 Keeney Cross Rd. $ 14,481 $(-10,000) $ 4,481 D51125.54065.7042 Lorings Crossing Bridge $ 5,637 - 5,000 $ 637 D51125.54065.7044 McGraw Mara Rd. Culvert $ 3,470 - 3,000) $ 470 D51125.54065.7047 Taylor Valley Rd. Culvert $ 4,450 -4,000) $ 450 D51125.54065.7048 Carter Slocum Rd. Culvert $ 10,598 $(-10,000) $ 598 D51125.54065.7051 Health Camp Rd. Culvert $ 9,790 - 9,000) $ 790 D51105.54065.01 Bridge Maintenance $ 25,325 $(-20,000) $ 5,325 D51105.54065.06 Ditching $118,888 $(-41,500) $87,388 D51105.54065.13 Tree Removal $ 56,161 -8,500) $47,661 Materials D51125.54077.7021 Freetown Cross Road Rehab $28,570 $(-25.000) $ 3,570 D51125.54077.7022 Taylor Valley Rd. Rehab $19,328 $(-15,000) $ 4,328 D51125.54077.7034 Landers Corners Rehab $ 7,330 6,100) $ 1,230 D51125.54077.7035 East River Rd. Rehab $13,876 $(-10,000) $ 3,876 D51125.54077.7036 West State Rd. Rehab $55,253 $(-50,000) $ 3,409 D51125.54077.7037 McGraw North Rd Rehab $70,062 $(-60,000) $10,062 D51125.54077.7038 Gee Brook Rd. Rehab $35,653 $(-30,000) $ 5,563 Total Decrease $(-307,100) Referred from Solid Waste Committee AGENDA ITEM NO. 7 – Solid Waste - Landfill Write Off and Collection Listing for 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF HARTNETT RESOLUTION NO. 328-15 Solid Waste - Landfill Write Off and Collection Listing for 2015 WHEREAS, the Cortland County Solid Waste Department charges landfill fees to its customers, AND ---PAGE BREAK--- 8 WHEREAS, the Cortland County Solid Waste Department - Landfill Division has on its books numerous delinquent accounts for past due landfill fees and interest, AND WHEREAS, the Cortland County Board of Legislators recognizes that the ability of Cortland County to effectively collect on outstanding landfill fees has become a cumbersome activity and the likelihood of collecting is extremely minimal, AND WHEREAS, many of the delinquent accounts for outstanding landfill fees and interest would be carried forward and recorded as revenue at the end of the 2015 fiscal year, AND WHEREAS, it is the desire of the Solid Waste Department and Director of Budget and Finance to clean up the financial records of the Solid Waste Department and avoid carry-over of accounts receivables as available revenue, which stand a minimal possibility of collection, AND WHEREAS, the Board has determined that writing off delinquent accounts receivable would provide a more accurate forecast of collectible department revenues, NOW THEREFORE BE IT RESOLVED that the Cortland County Board of Legislators does hereby authorize the Director of Budget and Finance and the Cortland County Solid Waste department to take appropriate action to remove as available revenue from the financial records those delinquent accounts receivables, which total $85,743.69 beginning from the year 1990 through 2013, as listed in Attachment A and incorporated herein, AND BE IT FURTHER RESOLVED that this change to the financial records does not terminate the obligation of payment from listed parties and collection action will continue in Solid Waste Department as any parties listed below will be required to pay in full prior to any future credit extended. ATTACHMENT A: Cortland County Solid Waste/Landfill Outstanding Accounts 90 + days year permit no name past due charged Commercial accounts 012 Central Trash $4,396.40 1990 021 Riese Enterprise $223.55 1992 026 American Waste $4,464.54 2000 029 Almost Anything - Whatma $61,870.86 2005 Commercial total $70,955.35 Business accounts 112 Crosby constr $195.00 1992 134 Strobecks $128.00 1988 156 Peak $774.48 1997 170 JB Hauling $38.40 2007 176 S&B $872.25 1990 189 EF Hayward $160.52 1993 202 Burt's Clean-Up $49.40 2010 211 L B $9.02 1989 ---PAGE BREAK--- 9 217 Donna Ackley $97.43 2008 222 Bonney Fl Cv $7.02 1989 230 Qual $19.26 1990 231 S Robbin $255.04 1989 235 Beaudry Apt $120.20 2009 238 J R Aldrich $749.25 1990 270 JR's Recy $636.30 1990 280 JW Stanley $0.18 2008 286 R&L Exter $145.75 1990 292 Sunrise $31.50 1990 310 Allington $208.08 1993 343 Stanford $13.15 1991 348 K&M Solution $381.50 1991 353 Bell Constr $223.70 1994 354 Outsiders $70.50 1992 383 JB Cont $25.62 1993 384 J Danielson's $0.19 2004 407 Show Time Const $16.00 1990 411 Roof Doctor $74.70 2005 418 Spor Rubbish $8,690.69 2009 458 Jim Homer $42.01 1995 493 Superior Waste $305.20 2012 Business total $14,340.34 Residents Adams, David $0.20 2013 Bieber, Albert $57.80 2010 Fuller, David $0.40 2011 Goodman, Bethany $15.60 2010 Pothos, Emmanuel $0.60 2010 Suosmaa, Audrey $344.00 2010 Trudeau, Tyler $17.40 2012 Zech, Daniel $12.00 2013 Resident total $448.00 Com, Bus, Res total $85,743.69 AGENDA ITEM NO. 8 – Award Agreement/Amend Budget Recycling Transfer Station-One Year Term Recycling Center/Highway Department Ms. Jones said she will vote in favor of this, but only because it is the County's only option at this late date. She said she would like the Solid Waste Committee to begin seeking alternatives to this one-year contract immediately. ---PAGE BREAK--- 10 RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF HARTNETT RESOLUTION NO. 329-15 Award Agreement/Amend Budget Recycling Transfer Station-One Year Term Recycling Center/Highway Department WHEREAS, the Cortland County Highway Superintendent advertised for proposals for: The Recycling Transfer Stations Operations for a one year term at the Cortland County Recycling Facility, AND WHEREAS, the Cortland County Highway Superintendent received the following bids: COMPANY NAME AMOUNT OF PROPOSAL Casella Recycling, LLC $12,513.20 Fee, and 798 Cascadilla Street $6,600.00 per month hauling fees Ithaca, NY 14850 based on 300 ton average , AND WHEREAS, the yearly amount exceeds the amount budgeted in 2016, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Solid Waste Committee, the County Legislature hereby awards the contract for the Recycling Transfer Station Operations to Casella Recycling, LLC, 798 Cascadilla Street, Ithaca, NY 14850 for a one year term from January 1, 2016 to December 31, 2016, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute the necessary agreements for said contract, AND BE IT FURTHER RESOLVED, that all revenues associated with the Recycling Transfer Station Operations at the Cortland County Recycling Center shall be credited to account #EL816142.42130 and fee of $19,113.20 shall be charged to account #EL81615.54055. AGENDA ITEM NO. 9 – Authorizing the Filing of an Application for a State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York State - Highway Department/Landfill RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF HARTNETT RESOLUTION NO. 330-15 ---PAGE BREAK--- 11 Authorizing the Filing of an Application for a State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York State - Highway Department/Landfill WHEREAS, the State of New York provides financial aid for household hazardous waste programs, AND WHEREAS, the County of Cortland herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, AND WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid, NOW THEREFORE BE IT RESOLVED BY the Cortland County Legislature: 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That the Chairman of the Legislature or his/her designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the STATE for the State share of such costs. 4. That five Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application 5. That this resolution shall take effect immediately. Referred from Health & Human Services Committee AGENDA ITEM NO. 10 – Authorize Agreement Health Department/Environmental Health (Hearing Officer Services) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF PRICE RESOLUTION NO. 331-15 Authorize Agreement Health Department/Environmental Health (Hearing Officer Services) WHEREAS, the Division of Environmental Health requires a Hearing Officer to preside in cases for enforcement of the NYS Public Health Law, NYS Sanitary Code and the Cortland County Sanitary Code, AND ---PAGE BREAK--- 12 WHEREAS, Robert Spitzer, of 23 West Court Street, Cortland, New York, will provide the services as necessary to meet the needs, AND WHEREAS, monies for the above services are budgeted in Professional Services Expenditure account A40125.54812, AND WHEREAS, the term for this agreement shall be from January 1, 2016 to December 31, 2017, AND WHEREAS, this agreement shall include a ninety-day extension clause allowing the agreement to be extended until March 31, 2018 if a successor agreement is not executed by January 1, 2018, AND WHEREAS, this agreement shall waive the requirement for Workman’s Compensation/Unemployment/Liability insurance coverage which names “Cortland County” as an additional insured, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature and the Public Health Director, or designee, upon review and approval of the County Attorney, are hereby authorized and directed to execute an agreement for provision of said Hearing Officer services with Robert Spitzer, 23 West Court Street, Cortland, New York 13045. AGENDA ITEM NO. 11 – Accept Bids/Authorize Purchase Miscellaneous Groceries and Frozen Foods RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF PRICE RESOLUTION NO. 332-15 Accept Bids/Authorize Purchase Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on November 13, 2015, for the period January 1, 2016 through March 31, 2016, for the purchase of miscellaneous groceries and frozen foods in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest responsible bidder, AND WHEREAS, bids were received from the following: Ginsberg’s, PO Box 17, Route 66, Hudson, NY 12534 Smith Packing Co., PO Box 520, Utica, NY 13503-0520 US Foods, 755 Pierce Road, Clifton Park, NY 12065 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that said departments have the right to award bids based on price and quality, AND BE IT FURTHER ---PAGE BREAK--- 13 RESOLVED, that the above departments are authorized and directed to purchase said items from the lowest responsible bidders and best value for the period January 1, 2016 through March 31, 2016. AGENDA ITEM NO. 12 – Authorize Agreements Health Department/Jacobus Center for Reproductive Health (Ahlers and Interpreters) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF PRICE RESOLUTION NO. 333-15 Authorize Agreements Health Department/Jacobus Center for Reproductive Health (Ahlers and Interpreters) WHEREAS, the Jacobus Center for Reproductive Health contracts for various professional services to assist in the provision of services, AND WHEREAS, funds have been allocated and proposed in the 2016 budget in account numbers as indicated below, AND WHEREAS, the term agreements shall include a ninety day extension clause allowing the respective agreements to be extended until March 31, 2018 if successor agreements are not executed by January 1, 2018, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature and the Public Health Director or Designee, upon and approval by the County Attorney or designee be and hereby authorized to execute agreements for the services listed below and authorizes the Cortland County Treasurers office to release funds accordingly. Account # Term Ahlers (Statistical, Billing Services, and Software Support) Computer Licenses & Agreements A 40355.54002 12-31-15 -12-31-17 Empire Interpreting (Language Interpreters) PH Contracted Agencies A 40355.54812 12-31-15 – 12-31-17 AGENDA ITEM NO. 13 – Amend Budget Department of Social Services Personal Care Assessment Contract with Cortland County Health Department RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF PRICE RESOLUTION NO. 334-15 ---PAGE BREAK--- 14 Amend Budget Department of Social Services Personal Care Assessment Contract with Cortland County Health Department WHEREAS, the NYS Department of Health requires local districts to continue ensuring that Personal Care Services are provided to certain persons eligible for Medicaid and who meet the criteria for said services, but who are not required to enroll in Managed Long Term Care plans, AND WHEREAS, the Cortland County Health Department (CCHD) is an authorized provider of Personal Care Services and has been approved by the New York State Department of Health as a provider of services for this partnership, AND WHEREAS, the New York State Department of Health establishes a reimbursement rate for this service, which is currently $147.50, to be paid directly through the State eMedNY Medicaid provider reimbursement system, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of December 31, 2015 through December 31, 2016 with the CCHD that involves no County Budget expense appropriation, AND BE IT FURTHER RESOLVED, that the 2016 County Budget be and hereby is amended as follows: Increase: Current Change Final A401142.41610PCA Home Nursing Charges ($28,000) ($11,800) ($39,800) A40115.51010.PCA Part Time $0 $9,270 $9,270 A40115.58020.PCA Retirement $0 $1,620 $1,620 A40115.58030.PCA FICA $0 $710 $710 A40115.54005.PCA Office Supplies $0 $50 $50 A40115.54047.PCA Mileage $0 $150 $150 AGENDA ITEM NO. 14 – Re-Appoint Community Services Board and Subcommittee Members RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF PRICE RESOLUTION NO. 335-15 Re-Appoint Community Services Board and Subcommittee Members WHEREAS, the By-Laws for the Cortland County Community Services Board (CSB) state that there shall be fifteen (15) members of the Community Services Board and nine members on its separate subcommittees Chemical Dependence, Developmental Disabilities and Mental Health, AND WHEREAS, the membership of each subcommittee will be made up citizens appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the CSB and subcommittees shall be for four years, AND ---PAGE BREAK--- 15 WHEREAS, no person may serve as a member for more than two terms consecutively, NOW THEREFORE BE IT RESOLVED, that the following citizens be re-appointed to the following Board and Subcommittees to begin January 1, 2016: Re-Appoint to Community Services Board: Christopher Driscoll 4979 Lincklaen Rd, Cuyler NY 13150 Tadeus Kowalski, MD 134 Homer Ave, Cortland NY 13045 Michael Johnson 132 S Main St - Apt 11, Cortland NY 13045 Aaron Baier 25 Lincoln Ave, Cortland NY 13045 Re-Appoint to Chemical Dependency Subcommittee: Christopher Driscoll 4979 Lincklaen Rd, Cuyler NY 13150 Michael Johnson 132 S Main St - Apt 11, Cortland NY 13045 Michael Pisa 2279 Carson Rd, Cortland NY 13045 Re-Appoint to Developmental Disabilities Subcommittee: Liesl Moheimani 5407 Brake Hill Rd, Homer NY 13077 Re-Appoint to Mental Health Subcommittee: Christopher Hyde 21 Cayuga St, Homer NY 13077 Jennifer O'Callaghan PO Box 5000, 80 S West Rd, Homer NY 13077 AGENDA ITEM NO. 15 – Accept Funds Health Department/Tobacco (Advancing Tobacco Free Communities) Cost Living Adjustment (COLA) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF PRICE RESOLUTION NO. 336-15 Accept Funds Health Department/Tobacco (Advancing Tobacco Free Communities) Cost Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $26,065 in the form of a Cost of Living Adjustment to the Advancing Tobacco Free Communities Program funded by the NYS Dept. Health for the period 4/1/15 through 3/31/16, AND WHEREAS, these funds will be used to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Advancing Tobacco Free Communities Program, AND WHEREAS, the subcontractors contracts under Resolution No. 248-15, will need to be amended for the increase in travel on the COLA, AND WHEREAS, the 2015 County Budget needs to be amended as follows: A401043.43450.15TBC Tobacco Free Grant Current: $0 Increase: ($26,065) A40105.51005.15TBC Personal Services Current: $0 Increase: $ 4,942 A40105.58020.15TBC Retirement Current: $0 Increase: $ 890 A40105.58030.15TBC FICA Current: $0 Increase: $ 378 ---PAGE BREAK--- 16 A40105.58040.15TBC Workers Comp Current: $0 Increase: $ 128 A40105.58060.15TBC Health Insurance Current: $0 Increase: $ 1,539 A40105.58062.15TBC Dental Insurance Current: $0 Increase: $ 9 A40105.58065.15TBC Vision Insurance Current: $0 Increase: $ 2 A40105.54060.15TBC Legal Advertising Current: $0 Increase: $ 15,177 A40105.54045.15TBC Travel Current: $0 Increase: $ 3,000 $ , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with New York State Dept. of Health to accept these funds. Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 16 – Accept No-Cost Time Extension of Local/Micellaneous Contract Amend 2016 Budget New York State Department of Transportation (NYSDOT) Contract Number C005633 Section 5316–Job Access and Reverse Commute (JARC), PIN#3716.09.302 and 3716.10.102 Section 5317 – New Freedom (NF), PIN# 3717.09.302 and 3717.10.102 Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF TROY RESOLUTION NO. 337-15 Accept No-Cost Time Extension of Local/Micellaneous Contract Amend 2016 Budget New York State Department of Transportation (NYSDOT) Contract Number C005633 Section 5316–Job Access and Reverse Commute (JARC), PIN#3716.09.302 and 3716.10.102 Section 5317 – New Freedom (NF), PIN# 3717.09.302 and 3717.10.102 Cortland County Planning Department WHEREAS, the U.S. Department of Transportation is authorized to make grants available to States through the Federal Transit Administration (FTA) to support eligible projects under Section 5316 Job Access and Reverse Commute (JARC) (FTA C 90590.1) and Section 5317 New Freedom, AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designated to increase access for recipients of public assistance and low income persons to employment, as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1, AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5317 Federal formula reimbursement funds for new public transportation services and public transportation alternatives beyond those required by the American Disability Act of 1990 (ADA), that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services, as identified through a coordinated planning process, and consistent with eligible activities described in the FTA Circular 9045.1, AND WHEREAS, Resolution 64-13, Job Access and Reverse Commute and Resolution 65-13, New Freedom authorized the grant agreement between Cortland County and the New York State Department of Transportation from 1/1/14 to 12/31/15, AND ---PAGE BREAK--- 17 WHEREAS, Seven Valleys Health Coalition served as the project manager and was responsible for continuing the mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and continuing the Intelligent Transportation System (ITS) to integrate public and private transit through a broad range of communications, monitoring, scheduling and dispatching technologies, AND WHEREAS, Cortland County has fulfilled the FTA Coordinated Plan requirements that the project “must be derived from the project area Coordinated Plan”, AND WHEREAS, Seven Valley Health Coalition is requesting an No Cost Time Extension of Local/Miscellaneous Contract in under Contract number C005633,with a completion date of June 30, 2016 from NYS Department of Transportation to budget funding for mobility management and capital, AND WHEREAS, Seven Valley Health Coalition has stated it is confident that they will have the matching funds and they will not incur any expenses unless they know they have a match for that expense, AND WHEREAS, Cortland County will not expense any reimbursement payments to Seven Valley Health Coalition prior to receiving payment from NY State Department of Transportation, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign the Request for No Cost Time Extension of Local/Miscellaneous Contract, Contract Number C005633, Section 5316-Job Access and Reverse Commute (JARC), PIN#3716.09.302 and 3716.10.102 and Section 5317 - New Freedom (NF), PIN# 3717.09.302 and 3717.10.102, AND BE IT FURTHER RESOLVED, that if the full amount of Contract Number C005633, Section 5316-Job Access and Reverse Commute (JARC), PIN#3716.09.302 and 3716.10.102 and Section 5317 - New Freedom (NF), PIN# 3717.09.302 and 3717.10.102 is not expended under line at the end of 2015 Fiscal Year, that the County Treasure is hereby authorized to reallocate the unspent funds and anticipated revenue in the 2016 budget. AGENDA ITEM NO. 17 – Amend 2016 Budget NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for Fiscal Years 2013-2014 NYS DOT Contract Number C003761 Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF TROY RESOLUTION NO. 338-15 Amend 2016 Budget NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for Fiscal Years 2013-2014 NYS DOT Contract Number C003761 Cortland County Planning Department WHEREAS, Resolution 359-12 approved accepting a grant by the New York State Department of Transportation, pursuant to section 5311, Title 49, United States Code, for the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider under New York State Department of Transportation ---PAGE BREAK--- 18 Contract Number C003761, Supplement Grant Agreement for fiscal year 2013-2014, AND WHEREAS, Resolution 280-14 authorized the amended agreement at the request of the New York State Department of Transportation for the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider under New York State Department of Transportation Contract Number C003761, Supplement Grant Agreement for fiscal year 2013-2014, AND WHEREAS Resolution 12-15 authorized the amending of the 2015 budget to continue the grant into the 2015 fiscal year, AND WHEREAS, in order for Cortland County to continue with grant agreement C003761, Supplement Grant Agreement #2 into Fiscal Year 2016, NOW THEREFORE BE IT RESOLVED, that if the full amount of the NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for Fiscal Years 2013-2014, NYS DOT Contract Number C003761 is not expended under line at the end of 2015 Fiscal Year, that the County Treasurer is hereby authorized to reallocate the unspent funds and anticipated revenue in the 2016 budget. Current Change Revised Expense A56305-52030 $475,000 $395,258 $79,742 Bus Operations – Vehicles Revenue A563042-42300 Local $(47,500) ($40,053) ($7,447) First Transit Revenue Revenue A563044-44597 Federal $(427,500) ($355,205) ($72,295) Federal Aid Revenue AGENDA ITEM NO. 18 – Accept 2015-2016 NYS Office of Parks Recreation and Historic Preservation Snowmobile Trail Development and Maintenance Grant Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF TROY RESOLUTION NO. 339-15 Accept 2015-2016 NYS Office of Parks Recreation and Historic Preservation Snowmobile Trail Development and Maintenance Grant Planning Department WHEREAS, Cortland County under Section 27.17 of the New York State Parks, Recreation and Historic Preservation Law prepared a grant application for Snowmobile Trail Development and Maintenance for the period April 1, 2015 to March 31, 2016, AND WHEREAS, New York State Office of Parks, Recreation and Historic Preservation has awarded Cortland County $97,435.00 in grant funding for 2015-2016 Snowmobile Trail Development and Maintenance, AND WHEREAS, New York State Office of Parks, Recreation and Historic Preservation is providing the funding assistance in two payments, the first $68,204.50 representing the 70% of the total will be advanced ---PAGE BREAK--- 19 upon the completion of the State Aid Voucher with the remaining $29,230.50 representing the 30% of the total will be paid upon completion of the audit for the Phase III documentation being submitted to New York State Office of Parks, Recreation and Historic Preservation, AND WHEREAS, the County will retain an administration fee of the grant award to retain the actual cost for administration expenses, up to 10%, for the period of April 1, 2015 to March 31, 2016, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to accept the grant award in the amount of $97,435 thus forwarding the New York State Aid Voucher in the amount of $68,204.50 representing the first payment of 70% of the total grant award to the Chief Fiscal Officer for signature with the following adjustments to the 2015 budget Current Change Revised Expense A79895-54805 $0 97,435.00 97,435.00 Snowmobile Clubs - Other County Services Revenue A798943.43989 $0 (97,435.00) (97,435.00) State Aid - Snowmobile Clubs , AND BE IT FURTHER RESOLVED, that if the full amount of 2015-2016 NYS Office of Parks Recreation and Historic Preservation Snowmobile Trail Development and Maintenance Grant, is not expended under line at the end of the 2015 Fiscal Year, that the County Treasurer is hereby authorized to reallocate the unspent funds and anticipated revenue in the 2016 budget via a 2016 budget resolution. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 19 – February 2016 - January 2017 OCFS Contract for Child Advocacy Center RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF BUSHNELL RESOLUTION NO. 340-15 February 2016 - January 2017 OCFS Contract for Child Advocacy Center WHEREAS, a Child Advocacy Center (“CAC”) has been created in Cortland County to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND WHEREAS, the said NYS grants will henceforth be received by Cortland County on behalf of the District Attorney of Cortland County by contract with OCFS assigning the DA as the lead agency with authority and responsibility to administer grant funds, which OCFS advises will total $132,084 for the OCFS fiscal year 2016, to pay the expenses of running the CAC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement for the time period of February ---PAGE BREAK--- 20 1, 2016 through January 31, 2017, with OCFS, and the DA be and hereby is authorized to administer funds received from OCFS for the CAC, in an amount not to exceed $132,084. AGENDA ITEM NO. 20 – Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU Upstate’s CARE Program-Golisano Children’s Hospital RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF BUSHNELL RESOLUTION NO. 341-15 Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU Upstate’s CARE Program-Golisano Children’s Hospital WHEREAS, a Child Advocacy Center (“CAC”) has been created in Cortland County to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), and which funds are administered by the District Attorney of Cortland County AND WHEREAS, the CAC, through the DA, wishes to enter into a memorandum of understanding with the CARE (Child Abuse Referral and Evaluation) Program-Golisano Children’s Hospital for the specialized treatment of children of suspected sexual or severe physical abuse and for their participation on the CAC’s multidisciplinary team, as these services do not currently exist in the Cortland community, for a total amount of $6,000, paid for through said NYS grant, as approved for August 1, 2015 to July 31, 2016 with no additional funds needed, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, be and hereby is authorized to sign such agreements as are necessary to enter into this memo of understanding and is hereby authorized to approve payment of such amount from account A43215.54055. AGENDA ITEM NO. 21 – Authorize 2016 Agreement Amendment with BI Incorporated for Electronic Monitoring Services, Probation Department RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF BUSHNELL RESOLUTION NO. 342-15 Authorize 2016 Agreement Amendment with BI Incorporated for Electronic Monitoring Services, Probation Department WHEREAS, electronic monitoring is an authorized and accepted method of providing Court- ordered supervision of offenders in the community, AND WHEREAS, there is a need to reduce the population of inmates at the Cortland County Jail, AND WHEREAS, Cortland County Probation Department has contracted with BI Incorporated, 6400 ---PAGE BREAK--- 21 Lookout Road, Boulder, Colorado 80301, since 2005 and the latest contract, as authorized by Resolution 364-14, with said company expires December 31, 2015, AND WHEREAS, BI Incorporated has agreed to amend the previous contract for an additional one Year period, January 1, 2016 and ending December 31, 2016 with no change in the current charges or contract terms, AND, WHEREAS, the Cortland County Probation Department desires to continue to contract with said company for services at no increase in costs or terms from the previous contract, AND WHEREAS, the Cortland County Probation Department estimates $5000 to be paid for services from January 1, 2016 through December 31, 2016, AND WHEREAS, funds are available in account A31405.54901 Electronic Monitoring, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, be and hereby is authorized to execute a one year amendment with BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, for the term January 1, 2016 through December 31, 2016, for the purpose of electronic monitoring through the Cortland County Probation Department, AND BE IT FURTHER RESOLVED, that the County Treasurer is authorized to pay vendor from said funds. AGENDA ITEM NO. 22 – Amend 2016 Budget Sheriff's Department (New York State Division of Homeland Security and Emergency Services) Grant RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF BUSHNELL RESOLUTION NO. 343-15 Amend 2016 Budget Sheriff's Department (New York State Division of Homeland Security and Emergency Services) Grant WHEREAS, the Cortland County Sheriff’s Department applied for and has received an award from the NYS Division of Homeland Security and Emergency Services Grant; New York State Comptroller’s Number: T970052; WM2015 SLETPP, WM15970052 for Technical Equipment and Computer Software for Criminal Investigation Division of the Cortland County Sheriff’s Department for the period of September 01, 2015 through August 31, 2018, NOW THEREFORE BE IT RESOLVED, that the 2016 County budget is hereby amended as follows: Account # Current Change Revised Increase: A312043-43306-16SHH $0 $15,000.00 $15,000.00 Revenue ---PAGE BREAK--- 22 Expenses: A31205-52014-16SHH $0 $ 7,000.00 $7,000.00 Technical Equipment A31205-54004-16SHH $0 $ 8,000.00 $8,000.00 Computer Software AGENDA ITEM NO. 23 – 2016 Fire Advisory Board Appointment / Reappointment Mr. Troy made a motion that Chuck Glover be added as an additional representative from the City of Cortland Fire Department. Second by Mr. Denkenberger. All members voting in favor; none opposed. The amendment was approved. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF BUSHNELL RESOLUTION NO. 344-15 2016 Fire Advisory Board Appointment / Reappointment WHEREAS, pursuant to a resolution dated December 18, 1950, establishing a Cortland County Fire Advisory Board under the provisions of Article 10, Section 209-K of the General Municipal Law, AND WHEREAS, Article 3, Section 4 of the Cortland County Fire Advisory Board By-Laws states that the term of each member be one year, NOW THEREFORE BE IT RESOLVED, that the following persons be and hereby are appointed to the Cortland County Fire Advisory Board, to serve without compensation for a term beginning January 1, 2016 and expiring December 31, 2017: Shawn Scoville, Cincinnatus FD, 5756 Telephone Rd. Cincinnatus, NY 13043 Richard Allen Sr., Cortland FD, 35 Garfield Street, Cortland, NY 13045 Derek Reynolds, Cortland FD, 4 Grace Street, Cortland, NY 13045 Chuck Glover, Cortland FD, 1137 Quail Hollow Road, Marathon, NY 13803 Michael Biviano, Cortlandville FD, 3900 Highland Road, Cortland, NY 13045 Jared Gebel, Cortlandville FD, PO Box 5331, Cortland, NY 13045 Adam Daley, Cuyler FD, 6553 W. Keeney Road, Truxton, NY 13158 Justin Scott, Harford FD, 769 Rte. 221, Harford, NY 13784 Mahlon Irish, Jr., Homer FD, 32 Center Street, Homer, NY 13077 Michael Niehus, Homer FD, 2 Brentwood Drive, Homer, NY 13077 John Ryan Jr., Homer FD, 5449 Mead Road, Homer, NY 13077 Larry Leet, Marathon FD, 1171 Salt Road, Marathon, NY 13803 Norm Forrest, Marathon FD, 544 Jennings Creek Road, Marathon, NY 13803 Edward Greenman, McGraw FD, 14 Locust Avenue, Cortland, NY 13045 Brian Davis, McGraw FD, 3777 Clinton Street Ext. McGraw, NY 13101 ---PAGE BREAK--- 23 Jeff Griswold, Preble FD, 6903 Route 281, Preble, NY 13141 Bruce Potter, Truxton FD, 5775 Cheningo Road, Truxton, NY 13158 Jereme Stiles, Virgil FD, 1336 Route 392, Cortland, NY 13045 Daniel Keenan, Virgil FD, 1188 Route 392, Cortland, NY 13045 Alvin Doty Jr., Willet FD, 218 Doty Road, Willet, NY 13863 AGENDA ITEM NO. 24 – MedLab Agreement (Drug Testing) Authorize a One-Year Extension Agreement with MedlLab Inc., for Drug Screening Services, Probation Department RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF BUSHNELL RESOLUTION NO. 345-15 MedLab Agreement (Drug Testing) Authorize a One-Year Extension Agreement with MedlLab Inc., for Drug Screening Services, Probation Department WHEREAS, it is necessary for the Cortland County Probation Department to conduct drug testing as required to enhance supervision and enforce Probation Department client abstinence from the illegal use of chemical substances, AND WHEREAS, it is necessary for the Cortland County Probation Department to provide verification to the sentencing Courts of compliance and/or non-compliance with probation terms and conditions, AND, WHEREAS, Cortland County Probation Department has contracted with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, since 2005 and latest contract, as authorized by Resolution 363- 14, with said company expires December 31, 2015, AND WHEREAS, Medlab Inc. has agreed to extend the previous contract for an additional one year period, January 1, 2016 and ending December 31, 2016, with no change in the current charges or contract terms, AND, WHEREAS, the Cortland County Probation Department desires to continue to contract with said company for these services at no increase in costs from the previous contract, AND, WHEREAS, the Cortland County Probation Department estimates $700.00 to be paid for said services from January 1, 2016 through December 31, 2016, AND WHEREAS, funds are available in account A31405.54500, Medical Fees/Services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, be and hereby is authorized to execute a one year extension agreement with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, for the term January 1, 2016 through December 31, 2016, for the purpose of conducting confirmation drug testing for the Cortland County Probation Department, and further authorizes the County Treasurer to pay vendor from said funds. ---PAGE BREAK--- 24 Referred from Personnel Committee AGENDA ITEM NO. 25 – Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2016 Ms. Price asked Personnel Director Annette Barber to explain the resolution. Ms. Barber said that the 1.5% salary increase is already included in the 2016 budget. She said that lately the Personnel Committee has been called upon more often to allow new employees to be hired above the base salary, which indicates a need to address the salary structure in the Management Compensation Plan, and denying this increase would cause further problems. She said the1% increase that will be received by CSEA employees is reflective of the Consumer Price Index, which was negotiated by the union itself. She said other County union contracts call for between a 1% and 2% increase in 2016. Mr. Denkenberger made a motion to amend the resolution to reflect a 1% increase. Second by Ms. Jones. Legislators Denkenberger, Jones and Wheelock voting in favor; all others opposed. The motion to amend failed. Mr. Boyden called for a vote on the original resolution. All legislators voting in favor, except Ms. Jones and Mr. Denkenberger. The resolution was approved. RESULT: ADOPTED [14 TO 2] MOVER: Sandra Price, Minority Leader SECONDER: Kevin Whitney, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Steinhoff, Whitney, Price, Wagner, Sudbrink NAYS: Linda Jones, James Denkenberger EXCUSED: Susan Briggs ON MOTION OF PRICE RESOLUTION NO. 346-15 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2016 WHEREAS, the Cortland County Legislature adopted a local law on November 14, 2011 entitled A Local Law to Adopt the County of Cortland Employment Policy Manual for Department Heads, Management Employees, Management/Confidential Employees and a Grade and Step plan for employees falling under the plan, AND WHEREAS, the Personnel Committee is recommending that the 2016 Grade and Step Plan be adjusted and established to incorporate a 1.5% cost of living adjustment, effective January1, 2016 in accordance with the attached schedule, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes and directs a 1.5% cost of living adjustment for those employees who in the Management/Management Confidential Compensation Employment Policy 2016 Grade and Step plan for employees falling under the plan effective January 1, 2016 in accordance with the following schedule. STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) TENNATIVE 2016 GRADE AND STEP FOR MANAGEMENT CONFIDENTIAL BASED ON A 1.5% INCREASE ---PAGE BREAK--- 25 1 2 3 4 5 6 Grade hire rate 2 year 4 year 6 year 8 year 10 year 1 $79,398 $82,575 $85,877 $89,312 $92,884 $96,600 2 $73,857 $76,814 $79,886 $83,081 $86,403 $89,860 3 $68,706 $71,454 $74,312 $77,285 $80,376 $83,590 4 $63,913 $66,468 $69,129 $71,892 $74,769 $77,758 5 $59,454 $61,832 $64,304 $66,876 $69,552 $72,334 6 $55,305 $57,517 $59,818 $62,210 $64,699 $67,287 7 $51,446 $53,506 $55,644 $57,871 $60,185 $62,593 8 $47,856 $49,773 $51,765 $53,834 $55,986 $58,226 9 $44,519 $46,299 $48,152 $50,077 $52,080 $54,163 10 $41,413 $43,069 $44,793 $46,582 $48,448 $50,386 11 $35,138 $36,543 $38,005 $39,525 $41,106 $42,750 Management Confidential 5 $20.2919 $21.1037 $21.9479 $22.8256 $23.7386 $24.6884 4 $18.7573 $19.5075 $20.2878 $21.0994 $21.9433 $22.8212 3 $18.0357 $18.7573 $19.5075 $20.2878 $21.0994 $21.9433 2 $17.3422 $18.0357 $18.7573 $19.5075 $20.2878 $21.0994 1 $16.6751 $17.3422 $18.0357 $18.7573 $19.5075 $20.2878 Grade 1 Public Defender County Attorney Commissioner of Social Services Director of Information Technology Public Health Director Director, Comm. Mental Health Services Superintendent of Highways Director of Budget and Finance Grade 2 Sheriff Grade 3 Undersheriff Personnel Officer Chief Assist. District Attorney Chief Social Services Attorney Chief Assist. Public Defender Chief County Attorney Grade 4 Probation Director II Deputy Highway Supt. Deputy Public Health Director Director of Planning County Clerk Asst. District Attorney Asst. Public Defender Asst. County Attorney Social Services Attorney Director of Emergency Response & Communications Deputy Director of Information Technology Plan Administrator Grade 5 Director, Agency on Aging Director, Real Property 1 Grant Administrator Director of Environmental Health Highway Maintenance Supervisor Grade 6 Director of Social Services Director of Administrative Services Clinical Dir. of MH Deputy Personnel Officer Supervisor, Solid Waste Management Grade 7 Bldg. & Gr. Superintendent Medical Director Medical Advisor Grade 8 Fiscal Manager Public Health Program Manager Grade 9 Emp. & Training Director Family Support Services Director Grade 10 Fiscal Officer Dir. of Veterans’ Services Agency Grade 11 Deputy County Clerk Motor Vehicle Director ---PAGE BREAK--- 26 Assistant Dir. of Emergency Response & Communications Clerk of the Legislature Dir. of Weights and Measures Administrative Services Manager CAC Coordinator Safety Officer Coroner County Treasurer Fiscal Officer Trainee Deputy Clerk of the Legislature Grade 1 Secretary to County Attorney Election Clerk Secretary to the Plan Administrator Grade 2 Secretary II Secretary to Co. Administrator Investigator Secretary to County Administration Secretary to the Commissioner of Social Services Grade 3 Sr. Election Clerk Secretary to Sheriff Secretary to D. A. Grade 4 Paralegal Personnel Tech. Trainee Payroll Coordinator Office Manager Grade 5 Personnel Technician Referred from Budget & Finance Committee AGENDA ITEM NO. 26 – Adopt Local Law of 2015 Amending Law No. 1 for the Year 2008 and Local Law 16 of 2014, Which Established a Plan of Mutual Self-Insurance for Worker’s Compensation; Amend Rules And Regulations and Apportionment Mr. Denkenberger said he is in favor of the amendments included in this law, which are primarily required by the state. However, he has continually expressed his opposition to the inequitable distribution of costs among all towns and villages that cover the costs of plan participants that exceed their annual plan assessment, which was implemented last year. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 347-15 Adopt Local Law of 2015 Amending Law No. 1 for the Year 2008 and Local Law 16 of 2014, Which Established a Plan of Mutual Self-Insurance for Worker’s Compensation; Amend Rules And Regulations and Apportionment WHEREAS, Cortland County adopted Local Law No. 1 of 1956 establishing a plan of self- insurance as provided for under Article 5 of the New York State Workmen's Compensation Law, AND WHEREAS, Local Law No. 1 of 2008 Established the Rules and Regulations and Apportionment for the County's Plan of Mutual Self-Insurance for Workmen's Compensation, AND WHEREAS, the proposed local law has been on Legislators desks for the required seven days, and a Public Hearing was held December 17, 2015, NOW THEREFORE BE IT ---PAGE BREAK--- 27 RESOLVED, that the Cortland County Legislature hereby adopts Local Law of 2015 as follows: BE IT ENACTED, by the County Legislature of the County of Cortland, as follows: Section 1. Created. The plan of self-insurance previously created by Cortland County as provided for in Article 5 of the Workmen’s Compensation Law is hereby continued as prescribed herein and shall be known from this point forward by the name of “Cortland County Self-Insured Workmen’s Compensation Plan.” Section 2. Administered. The plan of self-insurance hereby established shall be administered by the County Attorney and overseen by the applicable jurisdictional Legislative Committee. Section 3. Participation in Plan. The County of Cortland, City of Cortland, the Towns of Cortland County, and the Villages within Cortland County may participate in the plan hereby established, and are hereby continued as participating members in such plan. A. The benefits and protection of this plan shall be and are hereby extended beyond those defined in Article I of the New York State Workers’ Compensation Law to include all employees, officers and volunteers of Cortland County, elected or appointive not otherwise defined in Article I. 1. The extension of coverage and protection shall include said employees and officers of those participating municipal agencies which, by resolution of the municipal body, elect to cover and include said employees and officers of said agency under the provisions of the Workers’ Compensation Law. B. In accordance with Section 3 of the New York State Workers’ Compensation Law, Cortland County hereby extends the coverage of the plan to Civilian Defense volunteers who are duly enrolled and registered in the office of Fire and Emergency Management of Cortland County for disabilities incurred by Civilian Defense volunteers during authorized training and practice periods or periods of Declared Emergency. 1. The extension of coverage and protection shall include said Civilian Defense volunteers of those participating municipal agencies which, by resolution of the municipal body, elect to cover and include said Civilian Defense volunteers of said agency under the provisions of the Workers’ Compensation Law. Section 4. Withdrawal from Plan. Any participant in the plan may withdraw therefrom at the beginning of the next ensuing calendar year by filing with the, Clerk of the County Legislature on or before the 15th day of July of any year, a certified copy of a resolution of its governing body electing to withdraw from the plan, upon condition that such participant shall pay, in a lump sum, its estimated share of the outstanding liabilities of the plan as of the date of withdrawal. The County Attorney, with the approval of the County Legislature may permit said payment to be made in installments. Section 5. Plan Rules and Regulations. Participants in the self-insurance plan hereby established shall be subject to the following standards, conditions, rules and regulations: ---PAGE BREAK--- 28 A. Participants shall cooperate fully with the County Attorney in the administration of the plan, and shall prepare and file with the County Attorney such reports and information as may, from time to time, be requested. B. Reports of accidents shall be filed within twenty-four (24) hours from the time of the accident, or from the time notice thereof has come to the attention of a responsible official or supervisory employee of the participant. C. Participants shall furnish all pertinent information relative to any claim, and shall aid in the investigation of any claim. D. If required by the County Attorney, every new employee of a participant shall undergo a physical examination before undertaking any of the duties of his employment, except in the case of an emergency, in which event the participant employer shall arrange for such physical examination at the earliest possible time after the employee undertakes such duties. The expense of such physical examination shall be an expense of the plan and paid from the funds thereof. E. Participants shall not knowingly employ any person having a permanent physical impairment, as defined by Section 15, Subdivision 8, of the Workmen’s Compensation Law, without first requiring such person to furnish a medical report stating the nature and extent of such permanent physical impairment. F. Fines and penalties imposed on the plan for late filing of reports and forms shall be assessed against and paid by the participant if, in the opinion of the County Attorney, the delay is occasioned by the failure or fault of the participant. G. Participants shall take part in and enforce safety and accident prevention programs established by the County Legislature. H. Violation of any of the foregoing provisions of this section by any participant shall be punishable in the discretion of the County Attorney, by the imposition of a penalty, which shall not exceed $500.00 for each violation, or by a majority vote of the County Legislature, expulsion from the plan. Section 6. Apportionment. Apportionment of costs shall be determined by taking the total amount to be assessed and applying the following formula: A. Forty percent (40%) of the total revenue for the plan shall be generated based upon assessed valuation. Each participant’s share shall be calculated by determining the participant’s percentage of full value assessment within the plan and multiplying that percentage of full value assessment by the total amount of revenue to be generated. The County’s percentage of full value assessment shall include the full value assessment contained within municipalities not participating in this self-insurance plan. 1. When calculating the full value assessment of the towns of Cortlandville, Homer and Marathon, the village assessment within these towns shall be excluded. B. Sixty percent (60%) of the total revenue for the plan shall be generated based upon claims history. Each participant’s share shall be calculated by determining the participant’s percentage of the average claims paid for the preceding three years, which average claims paid shall be known as the “experience factor”, and multiplying that percentage by the total amount of revenue ---PAGE BREAK--- 29 to be generated. The County Attorney shall notify each participant in writing, not later than September 1st, of the amount of such assessment and each participant shall pay the County Treasurer the amount so specified in such notice not later than April 31 of each calendar year. A late payment penalty of 1.5% of payment due shall accrue on a basis until payment is made in full. Section 7. Limits on Apportionment. For the purposes of limiting the exposure to a participant for any extraordinary costs that may arise in a given year, participant’s assessments shall be limited in accordance with the following schedule which is designed to limit the taxable impact of catastrophic claims on the participant. A participant shall be categorized by the municipality’s taxable value. The participant’s annual assessment shall be limited to the maximum established assessment for each category plus a portion of any and all assessments exceeding the maximum assessment which shall be distributed equally among all participants. The established maximum assessment caps do not apply to the County as plan holder/administrator. The maximum assessment and taxable value categories may be amended from time to time by the County Legislature by Resolution. Total Taxable Value Maximum Assessment $0 to $ 25,000,000 $ 12,500 $ 25,000,001 to $ 35,000,000 $ 17,500 $ 35,000,001 to $ 45,000,000 $ 22,500 $ 45,000,001 to $ 60,000,000 $ 30,000 $ 60,000,001 to $ 90,000,000 $ 45,000 $ 90,000,001 to $150,000,000 $ 70,000 $150,000,001 to $250,000,000 $112,500 $250,000,001 to $400,000,000 $187,500 $400,000,001 and above $225,000 Section 8. Reserve Established. A self-insurance contributed reserve is hereby established for the Cortland County Self Insured Worker’s Compensation Plan. The maximum which may be contributed to such reserve shall be Five Hundred Thousand Dollars ($500,000). A separate line item is hereby established in the Worker’s Compensation Fund operating budget for purposes of funding the reserve account until such time as the reserve fund totals $500,000., the maximum allowed by this Law. Section 9. Stop Loss Insurance. The County Attorney, subject to appropriation by the County Legislature, may purchase excess or catastrophe insurance, the cost of which shall be chargeable as an expense of the plan. Section 10. Conflicts with Previous Laws; Severability of Provisions; Effective Date. In the event of a conflict or inconsistency between this local law and any previous local laws or resolutions of the County Legislature, this local law shall govern. If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. This local law shall take effect immediately. ---PAGE BREAK--- 30 AGENDA ITEM NO. 27 – 2015 Exam Works, LLC - Contract for Worker's Compensation Fund RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: George Wagner, Legislative District 15 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 348-15 2015 Exam Works, LLC - Contract for Worker's Compensation Fund WHEREAS, Cortland County is responsible for Mandatory Insurer Reporting Functions, is a proprietary service and is required by the NYS Worker's Compensation Board to verify if the injured party is or is not Medicare Eligible, AND WHEREAS, Exam Works, LLC will provide said services on behalf of the County, in accordance with the terms of the proposal, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby directed to enter into an agreement with Exam Works, LLC to provide these services in accordance with the terms of the attached proposal, with said contract and services begin January 1, 2015 and shall be for a term set to expire December 31, 2015, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is authorized to pay for said services on a basis, at $850 per month, from account #S17105.54055. AGENDA ITEM NO. 28 – 2015 Reconciliation - Systems East to MUNIS - 126 Accounts RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 349-15 2015 Reconciliation - Systems East to MUNIS - 126 Accounts WHEREAS, the County Treasurer and the Budget and Finance office has completed through 12/08/15, to the best of their ability, the reconciliation of the Systems East Real Property 126 accounts to the MUNIS software system for the periods of 2009 to current, AND WHEREAS the 126 accounts represent the taxes due from individuals identified by specific municipality, AND WHEREAS, Systems East software provides the detail ledgers while the MUNIS accounting software reflects the journal entries made into the system, NOW THEREFORE BE IT RESOLVED that the Director of Budget and Finance be authorized to adjust the individual 126 accounts on MUNIS to reflect the detail ledger amounts as identified by Systems East and to record the remaining offset as a revenue in 2015 against A132543.42702 (Treasurer Prior Year Revenues), which ---PAGE BREAK--- 31 will positively impact the County Fund Balance at Year End. Systems East MUNIS Difference A-126000 Taxes Receivable Overdue A-126009 99 Tax Receivable Marathon A-126022 Cincinnatus, Town of $198,201.72 $137,961.43 $60,240.29 A-126023 Cortlandville, Town of $377,014.10 $425,207.24 $(48,193.14) A-126024 Cuyler, Town $143,858.80 $ 91,436.84 $52,421.96 A-126025 Freetown, Town of $107,584.64 $ 90,458.61 $17,126.03 A-126026 Harford, Town of $42,687.62 $36,809.01 $5,878.61 A-126027 Homer, Town of $404,067.18 $340,578.14 $63,489.04 A-126028 Lapeer, Town of $120,523.73 $73,571.61 $46,952.12 A-126029 Marathon, Town of $134,918.35 $127,741.97 $7,176.38 A-126030 Preble, Town of $70,533.83 $58,749.39 $11,784.44 A-126031 Scott, Town of $58,785.71 $43,853.88 $14,931.83 A-126032 Solon, Town of $69,743.86 $59,711.91 $10,031.95 A-126033 Taylor, Town of $52,956.96 $38,326.76 $14,630.20 A-126034 Truxton, Town of $ 103,226.10 $90,521.46 $12,704.64 A-126035 Virgil, Town of $104,771.41 $272,074.19 $(167,302.78) A-126036 Willet, Town of $203,446.06 $155,648.20 $47,797.86 Totals $2,192,320.07 $2,042,650.64 $149,669.43 Property Acquired for taxes not in these totals AGENDA ITEM NO. 29 – Treasurer - Installment Default List/New Installments - December 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 350-15 Treasurer - Installment Default List/New Installments - December 2015 WHEREAS installment payments and delinquent installments impact the anticipated revenue of Real Property Taxes in the County Budget, AND WHEREAS, for informational and planning purposes it is important that the Cortland County Board of Legislators be informed of the status of such agreements or defaults, NOW THEREFORE BE IT RESOLVED that the County Treasurer is providing the report for the month of December 2015 ---PAGE BREAK--- 32 as follows: INSTALLMENT DEFAULTS - POTENTIAL PROPERTY SALES SWIS Amt Due Interest Total 112000 Cincinnatus, Town of $9,573 $539 $10,113 112203 McGraw, Town of $3,763 $226 $3,989 112289 Cortlandville, Town of $19,400 $1,133 $20,533 112400 Cuyler, Town of $933 $56 $989 112600 Freetown, Town of $1,115 $67 $1,182 112800 Harford, Town of $238 $14 $252 113001 Homer, Town of $3,115 $187 $3,302 113089 Homer, Town of $6,425 $385 $6,811 113200 Lapeer, Town of 0 0 0 113489 Marathon, Town of 0 0 0 113600 Preble, Town of $7,848 $471 $8,319 113800 Scott, Town of $1,435 $86 $1,521 114000 Solon, Town of $1,333 $80 $1,413 114200 Taylor, Town of $ 949 $57 $1,006 114400 Truxton, Town of $1,568 $94 $1,662 114600 Virgil, Town of $5,626 $303 $5,929 114800 Willet, Town of $13,146 $789 $13,935 Total Defaults $76,468 $4,487 $80,956 NEW INSTALLMENT AGREEMENTS SINCE JULY 2015 MUNIS Code Date Amt Due Interest Penalty Total A134000-15043 7/1/2015 $19,847 $2,575 $1,345 $23,768 A134000-15044 7/2/2015 $1,231 $160 $83 $1,474 A134000-15045 7/2/2015 $2,261 $294 $153 $2,707 A134000-15046 7/1/2015 $4,529 $588 $307 $5,424 A134000-15047 7/10/2015 $6,832 $887 $463 $8,181 A134000-15048 7/6/2015 $4,204 $546 $285 $5,035 A134000-15049 7/6/2015 $1,769 $230 $120 $2,119 A134000-15050 7/7/2015 $2,224 $289 $151 $2,664 A134000-15051 7/8/2015 $1,872 $243 $127 $2,241 A134000-15052 7/8/2015 $286 $37 $19 $343 A134000-15053 7/8/2015 $615 $80 $42 $736 A134000-15054 7/8/2015 $3,729 $484 $253 $4,466 A134000-15055 7/8/2015 $2,777 $360 $188 $3,325 A134000-15056 7/8/2015 $949 $123 $64 $1,136 A134000-15057 7/9/2015 $3,068 $398 $208 $3,674 A134000-15058 7/9/2015 $1,474 $191 $100 $1,765 A134000-15059 7/9/2015 $2,391 $310 $162 $2,863 ---PAGE BREAK--- 33 A134000-15060 7/2/2015 $3,007 $390 $204 $3,601 A134000-15061 7/10/2015 $1,925 $250 $130 $2,305 A134000-15062 7/10/2015 $6,917 $898 $469 $8,284 A134000-15063 7/10/2015 $806 $105 $55 $965 A134000-15064 7/10/2015 $975 $127 $66 $1,168 A134000-15065 7/8/2015 $1,173 $152 $80 $1,405 A134000-15066 7/8/2015 $524 $68 $36 $628 A134000-15067 7/6/2015 $3,596 $467 $244 $4,307 A134000-15068 6/1/2015 $9,334 $1,211 $633 $11,178 A134000-15069 A134000-15070 7/29/2015 $7,542 $979 $511 $9,032 A134000-15071 7/10/2015 $1,052 $137 $ 71 $1,260 A134000-15072 8/5/2015 $1,130 $147 $77 $1,354 A134000-15073 8/31/2015 $1,608 $209 $109 $1,925 A134000-15074 8/8/2015 $4,246 $551 $288 $5,084 A134000-15075 8/6/2015 $7,896 $1,025 $535 $9,455 A134000-15076 8/21/2015 $921 $120 $62 $1,103 A134000-15077 8/31/2015 $1,141 $148 $77 $1,366 A134000-15078 8/31/2015 $24,943 $3,237 $1,691 $29,871 A134000-15079 8/18/2015 $3,811 $495 $258 $4,564 A134000-15080 9/3/2015 $1,099 $143 $74 $1,316 A134000-15081 9/3/2015 $1,990 $258 $135 $2,384 A134000-15082 9/14/2015 $1,918 $249 $130 $2,297 A134000-15083 9/3/2015 $2,700 $350 $183 $3,234 A134000-15084 9/17/2015 $587 $76 $40 $703 A134000-15085 9/17/2015 $1,175 $153 $80 $1,408 A134000-15086 9/16/2015 $3,463 $449 $235 $4,147 A134000-15087 9/18/2015 $791 $103 $54 $948 A134000-15088 9/21/2015 $2,016 $262 $137 $2,414 A134000-15089 9/21/2015 $3,095 $402 $210 $3,706 A134000-15090 9/18/2015 $1,786 $232 $121 $2,139 A134000-15091 9/23/2015 $5,260 $683 $357 $ 6,299 A134000-15092 9/23/2015 $6,740 $875 $457 $8,072 A134000-15093 9/18/2015 $2,855 $370 $194 $3,419 A134000-15094 9/24/2015 $3,080 $400 $209 $3,688 A134000-15095 9/21/2015 $2,195 $285 $149 $2,628 A134000-15096 9/22/2015 $465 $60 $32 $557 A134000-15097 9/30/2015 $1,885 $245 $128 $2,258 A134000-15098 10/13/2015 $9,661 $1,254 $655 $11,569 A134000-15099 A134000-15100 10/13/2015 $22 $3 $2 $26 151.11-01-27000 12/1/2015 $1,355 $176 $92 $1,623 ---PAGE BREAK--- 34 112.00-04-11.000 11/30/2015 $9,282 $1,204 $629 $11,116 87.13-01-18.000 11/30/2015 $2,715 $352 $184 $3,251 121-00-01-11.000 12/1/2015 $2,738 $355 $186 $3,279 110.00-04-01.000 12/1/2015 $843 $109 $57 $1,009 140.00-02-12.000 12/3/2015 $3,671 $476 $249 $4,397 Total New Agreements $258,661 $215,992 $28,028 $14,641 AGENDA ITEM NO. 30 – Amend Budget - Occupancy Tax/Sheriff Overtime - 2015 Cortaca RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 351-15 Amend Budget - Occupancy Tax/Sheriff Overtime - 2015 Cortaca WHEREAS, The Sheriff's Office used personnel to assist the City of Cortland with Cortaca Football Game weekend with crowd control, November 13 through November 15, 2015, AND WHEREAS, The cost of overtime should be reimbursed from the County of Cortland's Occupancy Tax account to the Sheriff's Jail and Sheriff's overtime accounts, NOW, THEREFORE. BE IT RESOLVED, that the Sheriff's 2015 Budgets for overtime be adjusted from Occupancy Tax Reserve as follows: Decrease: Current: Change Amended A388800 Occupancy Tax Reserve: $631,804 -($9,519) $622,285 Increase: A31505.51020 Sheriff's Jail Overtime $222,800 $5,324 $228,124 A31105.51020 Road Overtime $200,000 $4,195 $204,195 AGENDA ITEM NO. 31 – Authorize Agreement Real Property Tax Services OCE Scanner/Printer RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 352-15 Authorize Agreement Real Property Tax Services OCE Scanner/Printer WHEREAS, the OCE reader/printer located in Real Property Tax Services requires an annual ---PAGE BREAK--- 35 maintenance agreement, AND WHEREAS, an agreement has been negotiated with Canon Solutions America, Inc (formerly known as OCE-USA, Inc.) for the term of January 1, 2016 through December 31, 2016 at a cost of $3,603.96, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with Canon Solutions America, Inc., and pay out of account A13555.54014 Renewal Maintenance Agreement. AGENDA ITEM NO. 32 – Authorize Agreement Real Property Tax Services Image Mate Online RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 353-15 Authorize Agreement Real Property Tax Services Image Mate Online WHEREAS, Resolution 253-07 authorized an agreement between the Cortland County Real Property Tax Services department and Systems Development Group, Inc. (SDG, Inc.) for the “Image Mate Online” software allowing access to real property tax information over the Internet, AND WHEREAS, said agreement has expired, and the Cortland County Real Property Tax Services office wishes to continue to use the software and the County needs software support, AND WHEREAS, SDG, Inc. is the sole provider of said software, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with SDG, Inc. for annual software support for the term beginning January 1, 2016 and ending December 31, 2016 to be paid out of Account #A13555-54002 (Computer Maintenance Agreement) in the amount of $4,500. AGENDA ITEM NO. 33 – Amend Budget - Reallocation of Buildings & Grounds Appropriations RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHEELOCK RESOLUTION NO. 354-15 Amend Budget - Reallocation of Buildings & Grounds Appropriations WHEREAS, the 2015 budget reflected a revised budget with appropriations for capital related items such as Parking Lot Renovation in the amount of $639,901.48 under account #A16205.52076, AND ---PAGE BREAK--- 36 WHEREAS, said project has been completed and the department requires reallocation of remaining funds for other projects and appropriations that have developed during the year, NOW THEREFORE BE IT RESOLVED that the Director of Budget and Finance is hereby authorized to make the following budget modification: Current Change Final A l6205.52076 PROPERTY REPAIRS>$500 $639,901 $(-34,700) $605,201 A16205.54055 PROFESSIONAL SERVICES - 0 - 4,200 4,200 A l 6205.54003 OFFICE FURNITURE - 0 - 5,500 5,500 A l6205.54076 PROPERTY REPAIRS 118,785 25,000 143,785 , AND BE IT FURTHER RESOLVED, that the remaining unspent funds allocated for the Parking Lot Renovation be established to a Building and Grounds Capital Project Reserve account for utilization for major building repairs in the estimated amount of $112,905 to reserve account #A388301. AGENDA ITEM NO. 34 – Authorize Agreements - Mental Health/Computer Software RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 355-15 Authorize Agreements - Mental Health/Computer Software WHEREAS, the Cortland County Mental Health Department must execute several contracts for access to and maintenance of several software systems AND WHEREAS, the contracts, costs, terms, functional areas and associated account numbers are listed below, AND WHEREAS, the contracts will be for a period of 3 months, with the option to renew the contract for an additional 3 months for up to one year NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to appropriation of funding by the Legislature, is hereby authorized to execute agreements for 2016 for or with the following: DocuTraq $1,118.88/quarter software maintenance A43105-54002-4200 Accumedic $1,266.30/quarter software maintenance A43105-54002-4200 Callpointe $1,260/quarter reminder call software A43105-54002-4200 AGENDA ITEM NO. 35 – Authorize Correction to the Records, Treasurer's Office ---PAGE BREAK--- 37 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 356-15 Authorize Correction to the Records, Treasurer's Office WHEREAS, in the old Tax Installment computer program, multiple delinquent properties belonging to the same taxpayer were added together to form one installment, AND WHEREAS, in one instance, a taxpayer requested that the amounts due be figured individually for each parcel, 122.00-03-20.000, 122.12-01-03.100, 122.12-01-03.200 and 123.13-01-24.000 and the request was granted, AND WHEREAS, due to a software programming issue, after each of the properties were paid off in full over a short period of time, interest kept being calculated as if all properties still had a balance, leaving a balance of $1,000.81 in interest, AND WHEREAS, the Treasurer desires to resolve the discrepancy caused by the software programming, NOW THEREFORE BE IT RESOLVED, that to balance the Treasurer’s Office books and records, authorization is hereby granted to remove the wrongfully accumulated charge of $1,000.81 in interest, to bring the installment account into balance by crediting the installment account and debiting the receiving municipality account. AGENDA ITEM NO. 36 – Authorize Correction to the Records - Real Property Installment 2005-2006, Treasurer's Office RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 357-15 Authorize Correction to the Records - Real Property Installment 2005-2006, Treasurer's Office WHEREAS, upon balancing installment accounts from years past, it was discovered that installment account, tax ID 128.00-01-16.112, had a balance of $1,048.39 in the accounts established for the 2005 and 2006 taxes, AND WHEREAS, though records show the taxes were paid in full the transaction was not completed in the accounting records, NOW THEREFORE BE IT RESOLVED, that to balance the Treasurer's Office book and records, authorization is hereby granted to remove the balance of $1,048.39 to bring the installment account into balance by crediting the installment account and debiting the receiving municipality account. ---PAGE BREAK--- 38 AGENDA ITEM NO. 37 – Delegating Authority to the Director of Budget & Finance to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 358-15 Delegating Authority to the Director of Budget & Finance to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds WHEREAS, Section 554 of the New York State Real Property Tax Law provides a mechanism for the correction of errors on Real Property Tax Rolls by the County Legislature based upon the recommendation of the Director of the County Real Property Tax Services Agency pursuant to an application by an entitled person in cases involving clerical errors, unlawful entries or certain errors in essential fact, AND WHEREAS, Section 554 of the New York State Real Property Tax Law authorizes the County Legislature to delegate to the Director of Budget & Finance, on an annual basis, the authority to approve such corrections in cases where the correction sought does not exceed twenty-five hundred dollars ($2,500), AND WHEREAS, Section 556 of the New York State Real Property Tax Law provides a mechanism for the refunding of certain real property taxes by the County Legislature based upon the recommendation of the Director of the County Real Property Tax Services Agency pursuant to an application by a taxpayer in cases involving clerical errors, unlawful entries upon the assessment rolls and certain errors in essential fact, AND WHEREAS, said Section 556 of the Real Property Tax Law was amended to authorize the County Legislature to delegate to the Director of Budget & Finance, on an annual basis, the authority to approve such refunds in cases where the refund sought does not exceed twenty-five hundred dollars ($2,500), AND WHEREAS, both sections also provide that the Director of Budget & Finance will report to the County Legislature, on a basis, those refund applications which have been approved during the previous month and further provides that all applications which have been denied by the Director, in whole or in part, shall be forwarded to the County Legislature for disposition, NOW THEREFORE, BE IT RESOLVED, that pursuant to Sections 554 and 556 of the Real Property Tax Law, the County Legislature does hereby delegate to the Director of Budget & Finance the authority to approve corrections to the Real Property Tax Rolls and approve certain refunds of real property taxes as outlined in said Sections 554 and 556 of the Real Property Tax Law, in cases where the refund sought does not exceed the amount of twenty-five hundred dollars ($2,500), AND BE IT FURTHER RESOLVED, that this delegation of authority shall remain in effect through December 31, 2016. AGENDA ITEM NO. 38 – Fix Date to Sign Warrants Real Property Tax Services ---PAGE BREAK--- 39 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 359-15 Fix Date to Sign Warrants Real Property Tax Services RESOLVED, that the date for the annexing of the warrants to the rolls of the Towns for collection of taxes be and hereby is fixed as of January 1, 2016, and that said warrants so annexed be made returnable on or before the first day of June 2016, AND BE IT FURTHER RESOLVED, that the Chairman and Clerk of the Cortland County Legislature are hereby authorized to sign said warrant on behalf of the County. AGENDA ITEM NO. 39 – Levy Town Special District Taxes Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 360-15 Levy Town Special District Taxes Real Property Tax Services RESOLVED, that there shall be and is hereby assessed and levied upon and collected from the real property liable therefore within the respective fire protection, fire and lighting districts in the towns as indicated below, as specified in their respective annual budgets for the year 2016: Town Fire Tax Light Tax Cincinnatus 95,833.00 8,500.00 Cortlandville 748,960.00 Cuyler 79,722.00 Freetown Cincinnatus Fire 7,562.28 Marathon Fire 23,312.00 McGraw Fire 6,800.00 Harford 99,133.00 Homer 85,414.00 Lapeer 74,315.70 Marathon 96,904.64 Preble 96,500.00 Scott 38,117.00 Solon 46,000.00 Taylor 36,865.86 Truxton 81,654.00 Virgil 232,000.00 Willet 43,500.00 ---PAGE BREAK--- 40 , AND BE IT FURTHER RESOLVED, that such taxes and assessments, when collected, shall be paid to the Supervisors of the several towns in the amount as shown by this resolution for distribution by them in the manner provided by law. AGENDA ITEM NO. 40 – Levying Water Charges - Town of Cincinnatus Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 361-15 Levying Water Charges - Town of Cincinnatus Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Cincinnatus, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Cincinnatus: 123.13-01-43.000 Aldrich, Shiloh 737.39 113.17-01-06.000 Almaguer, Carlos 137.62 123.13-01-01.000 Brown, Gordon 137.62 123.00-03-13.000 Brown,Kenneth 269.62 123.09-01-06.000 Burritt, Davis 142.07 122.00-03-20.000 Carter, Leslie 206.43 122.12-01-03.100 Carter, Leslie 320.07 123.00-04-19.000 Christy, David 15.16 123.13-01-41.000 Davis, Wendy 156.87 123.05-01-60.000 Dingman, Ronald 173.37 123.00-03-06.200 DKT, LLC 15.16 123.13-01-36.000 Eaton, Charles 354.87 123.00-04-04.000 Eaton, Charles 15.16 123.05-01-33.000 Federal National Mtg 341.15 123.13-01-32.000 Gallow, David 247.62 123.05-01-65.000 George, Marlene 174.47 123.13-01-46.000 Gleason, Shane 171.97 112.20-01-07.000 Gonzalez, Edward 137.62 112.20-01-10.000 Gonzalez, Edward 15.16 113.17-01-30.000 Kurtz, Robert 160.44 112.20-01-01.000 Kuscher, Adam 212.14 ---PAGE BREAK--- 41 112.20-01-02.000 Kuscher, Adam 15.16 122.00-03-04.000 Kwak, Bryan 108.37 122.00-03-25.000 Lieb, Joshua 236.65 123.13-01-34.000 Livermore, Melissa 255.87 113.17-02-21.000 McGee, Robert 206.43 113.17-01-32.000 McKee, Roger 199.77 113.17-01-34.200 McKee, Roger 15.16 113.17-01-34.110 McNally, Mike 15.16 112.20-01-22.000 Morse, Ryan 156.87 123.05-01-04.000 Mountain Village LLC 1,117.38 132.00-01-11.000 Phillips, Heath 68.81 122.00-03-10.000 Phillips, Richard 137.62 122.12-01-05.000 Pierson, Jeffrey 308.66 123.13-01-42.000 Pittsley, Jedadiah 365.69 122.12-01-08.000 Pothos, Emmanuel 15.16 123.13-01-33.000 Pothos, Emmanuel 283.40 122.00-03-22.000 Pothos, Irene 198.12 123.05-01-19.000 Pothos, Irene 220.12 123.05-01-36.000 Pothos, Irene 137.62 112.00-03-04.000 Renz, Douglas 419.44 123.13-01-25.000 Rice, Jay 409.87 123.05-01-08.000 Rutan, Jessica 137.62 123.05-01-58.000 Scoville, Shawn 280.62 123.05-01-25.000 Shutts, Linda 195.91 113.17-02-02.000 Simmons, Jerry 137.62 113.17-01-03.000 Smith, Ronald 362.02 123.05-01-17.000 Southern, Tess 145.87 122.08-01-02.000 Staley, Vicki 219.02 123.13-01-08.200 Steacy, David 281.96 123.13-01-09.000 Steacy, David 122.46 123.00-04-20.000 Stoker, Kathleen 137.62 123.05-01-07.000 Supley, Richard 299.87 123.05-01-24.000 Treacy, Clyde 152.47 132.00-01-09.000 Warga, Guy 164.84 123.05-01-53.000 Woodcock, Robert 239.37 Total: $11,910.58 Submitted to Cortland County Real Property Tax Services 11/23/15 by Luann King, Supervisor. AGENDA ITEM NO. 41 – Levying Sewer Charges - Town of Cortlandville Real Property Tax Services ---PAGE BREAK--- 42 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 362-15 Levying Sewer Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: 76.00-02-07.000 Syam, Biswarup 72.66 76.14-01-09.000 Smith, Adam Joseph 77.59 76.15-01-12.000 McBride III, Theodore P. 343.55 76.18-01-31.000 Crandall-Jones, Stacy L. 46.28 76.18-01-34.000 Horner, Savannah C. 119.93 76.19-01-22.000 Poppe, Christine 326.99 76.19-01-29.000 Church Seven Day Adventist, 57.76 76.19-01-40.000 Rosen, Ida 272.60 76.19-01-45.100 Perelka, Edward R. 178.70 85.11-01-04.100 Lader, Ronald F. 131.96 85.11-01-14.000 Ward, Jody M. 58.59 85.15-01-09.000 Winter, David M. 254.55 85.16-01-03.000 Lilly, Charles T. 41.84 85.16-01-10.000 Ossit, Susan 139.76 85.16-01-30.000 McGrath, John F. 327.22 85.20-01-26.000 Rolon Davila, Jose R. 90.87 85.20-01-27.000 Morris, Judy G. 57.76 85.20-01-33.000 Cummins, Christopher 194.92 86.09-01-19.000 Casey, Valerie A. 91.45 86.13-01-45.210 Carter, Darrell L. 1,471.85 86.17-01-02.120 3901 West Road LLC, 115.52 87.04-01-02.000 Hartley, Steven 163.61 87.04-01-09.000 Caughey, Daniel J. 327.12 95.08-01-16.000 Compagni Land Devel LLC 174.09 95.11-02-25.000 Yunghans, Daniel W. 72.37 95.11-02-29.000 Packer, Samantha J. 55.98 95.11-03-02.000 Strauf, Stephen C. 210.63 95.14-01-10.000 Baum, Benjamin 142.38 95.15-03-11.000 Edinger, John S. 196.21 95.16-01-15.000 Gen. Electric Credit Equities 607.73 95.16-01-40.000 Corp, Rebecca J. 116.90 95.16-01-55.000 Wells Fargo Bank, 115.52 95.16-01-60.000 Ladd, Alyssa 213.06 95.16-01-61.000 Sanford, David W. 48.27 95.16-02-04.000 Payne-Lowe, Lydia 115.52 ---PAGE BREAK--- 43 95.16-02-09.000 Burnham, Margaret A. 115.52 95.16-02-31.000 Dorsett, Gail A. 329.51 95.16-02-37.000 DiNardo, Kyle 286.90 95.16-02-72.000 Lime Road Inc, 2,047.40 95.20-02-06.000-1 Cortlandville Crossing LLC, 320.74 96.06-01-18.000 Rosato, Anthony T. 293.61 96.06-01-20.000 Veintimilla, Peter 125.51 96.06-01-37.000 Sturdevant, Dean 159.67 96.06-02-14.000 Cook, Kimberly A. 144.02 96.06-02-15.000 Shute, Courtney A. 373.51 96.06-02-20.000 Hutchinson, John H. 33.73 96.06-02-36.000 Welsh, David 116.92 96.08-01-01.000 Chierchio, John 93.04 96.09-01-09.000 Decker, Christian A. 548.58 96.09-01-24.000 Cutler, Bethany A. 81.25 96.09-01-70.000 Wing, Charles J. 57.76 96.09-02-08.000 Keane, Thomas Jr 239.75 96.09-02-30.000 O'Dell, Richard 115.52 96.09-02-34.000 Dennison, April L. 471.52 96.09-04-06.000 Stewart, Leon W. 315.91 96.09-04-14.000 Banks, Steven 5,939.61 96.10-01-05.000 Reagan, Michael J. 53.06 96.10-01-25.000 Pristash, Kevin 629.73 96.10-02-11.000 Mershon, Michael J. 570.49 96.10-02-38.000 Osborne, Wayland 80.73 96.10-02-46.000 Jubran, Carrie A. 37.03 96.17-01-16.000 Meagley, Sean S. 288.73 105.08-02-35.000 Hopko, Scott C. 449.73 106.05-01-15.000 Grant, Scott 134.72 TOTAL 21,485.94 Submitted to Cortland County RPTS 12/9/15 by Karen Q. Snyder, Cortlandville Town Clerk. AGENDA ITEM NO. 42 – Levy Town General and Highway Taxes Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 363-15 Levy Town General and Highway Taxes Real Property Tax Services WHEREAS, there has been presented to this Legislature a duly certified copy of the annual budget for the several towns of the County of Cortland for the fiscal year beginning January 1, 2016, NOW THEREFORE BE IT RESOLVED, that there shall be and hereby is assessed and levied upon and collected from the taxable real property in the following named towns, outside of any incorporated villages, wholly or partially located therein, the amounts indicated below for the Highway items as specified in the budgets of the respective towns as follows: ---PAGE BREAK--- 44 Town of Cortlandville . . . . . . . . . . . . outside village - $436,190 Town of Homer . . . . . . . . . . . . . . . . . .outside village - $ , AND BE IT FURTHER RESOLVED, that the several amounts raised by tax for all other purposes as specified in the several budgets as presented to this Legislature and which are on file in the Office of Real Property Tax Services, shall be and hereby are assessed and levied upon and collected from all taxable property in the towns as enumerated below, except as otherwise provided by law, namely, Town Highway Fund Cincinnatus $ 93,370.00 Cuyler 213,383.00 Freetown 213,495.00 Harford 284,905.00 Homer 256,382.00 Lapeer 248,986.00 Marathon 84,851.00 Preble 108,430.00 Scott 176,150.00 Solon 232,352.57 Taylor 132,800.00 Truxton 253,800.00 Virgil 340,516.00 Willet 121,150.00 , AND BE IT FURTHER RESOLVED, that the amounts to be raised for the General Fund and Debt Service Fund purposes as specified in the several budgets presented to this Legislature and which are on file in the Office of Real Property Tax Services hereof, shall and hereby are assessed and levied upon and collected from all taxable property in the towns as enumerated below except as otherwise provided by law, namely, Town General Fund Cincinnatus $ Cortlandville townwide 1,272,733.00 Cuyler 165,581.00 Freetown 27,692.00 Harford 45,600.00 Homer townwide 170,451.00 Lapeer 150,999.00 Marathon 178,727.00 Preble Scott Solon 142,872.43 Taylor 111,090.00 Truxton 143,615.00 Virgil 140,227.00 Willet 68,634.00 , AND BE IT FURTHER RESOLVED, that such taxes and assessments when collected shall be paid to the Supervisors of the several towns in the amounts as shown by this resolution for distribution by them in the manner provided by law. ---PAGE BREAK--- 45 AGENDA ITEM NO. 43 – Amend 2016 Budget to Reflect State Administered Non Property Tax (Sales Tax) to Reduce Real Property Tax Levy Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 364-15 Amend 2016 Budget to Reflect State Administered Non Property Tax (Sales Tax) to Reduce Real Property Tax Levy Real Property Tax Services WHEREAS, the following is a list of towns that have not filed to receive their share of the Sales Tax in cash and the estimated amount to be applied to reduce their share of the County Real Property Tax Levy for the fiscal year 2016, Towns Amount Lapeer $370,269 WHEREAS, by Town of Cuyler resolution, $115,000 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Cuyler, AND WHEREAS, by Town of Harford resolution, $70,000 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Harford, AND WHEREAS, by Town of Solon resolution, $160,777 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Solon, AND WHEREAS, by Town of Taylor resolution, $20,000 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Taylor, AND WHEREAS, by Town of Truxton resolution, $90,000 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Truxton, AND WHEREAS, by Town of Virgil resolution, $70,000 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Virgil, NOW, THEREFORE, BE IT RESOLVED, that the 2016 adopted budget for the County of Cortland be and hereby is amended to increase the estimated revenue in Account A1115, State Administered Non-Property Tax, to reduce the County Tax Levy in the amount of $896,046 and net amount to be raised by real property shall be $33,039,570. AGENDA ITEM NO. 44 – Levy County Tax - City of Cortland Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 365-15 ---PAGE BREAK--- 46 Levy County Tax - City of Cortland Real Property Tax Services RESOLVED, that this Legislature directs the sum of seven million, seven hundred fifty two thousand, seven hundred, eighty-eight dollars ($7,752,788) to be levied in the City of Cortland, Cortland County, for County purposes for the fiscal year beginning January 1, 2016, and that the Chairman and the Clerk of this Legislature certify this resolution to the Common Council of said City, pursuant to the Charter of said City. AGENDA ITEM NO. 45 – Levying Water Charges - Town of Virgil Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 366-15 Levying Water Charges - Town of Virgil Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Virgil, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Virgil: 127.00-06-27.000 Universal Property Rentals, LLC 4.00 127.00-09-10.000-13 Emmanuel Guizano 6.00 127.11-01-14.000 Gregory Malanoski 66.00 127.15-01-30.000-9 Karin Richardson 138.00 127.15-01-30.000-14 Sheryl Brumer 6.00 127.15-01-30.000-19 Lloyd Gmoser 66.00 127.15-01-31.000-20 V Mortgage REO 2 LLC 150.00 127.15-01-31.000-24 James & Nancy Sorbella 66.00 127.15-01-31.000-25 James & Nancy Sorbella 661.34 127.15-01-31.000-50 Thomas McCarthy 6.00 Total $1,169.34 Submitted to Cortland County Real Property Tax Services on 11/06/15 by Alane VanDonsel Virgil Town Clerk. AGENDA ITEM NO. 46 – Levying Sewer Charges - Town of Virgil Real Property Tax Services ---PAGE BREAK--- 47 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 367-15 Levying Sewer Charges - Town of Virgil Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Virgil, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Virgil: 127.00-09-10.000-13 Emmanuel Guizano 9.50 127.11-01-14.000 Gregory Malanoski 104.50 127.15-01-30.000-9 Karin Richardson 218.50 127.15-01-30.000-14 Sheryl Brumer 9.50 127.15-01-30.000-19 Lloyd Gmoser 104.50 127.15-01-31.000-20 V Mortgage REO 2, LLC 237.50 127.15-01-31.000-24 James & Nancy Sorbella 104.50 127.15-01-31.000-25 James & Nancy Sorbella 1,001.22 127.15-01-31.000-50 Thomas McCarthy 9.50 Total $1,799.22 Submitted to Cortland County Real Property Tax Services on 11/06/15 by Alane VanDonsel, Virgil Town Clerk. AGENDA ITEM NO. 47 – Levying Water Charges - Town of Scott Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 368-15 Levying Water Charges - Town of Scott Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Scott, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of ---PAGE BREAK--- 48 Scott: 35.03-01-03.000 Parker, Chad $ 500.26 35.03-01-09.000 Pooler, Michael 653.44 35.03-01-13.000 VanLiew, Terry 579.00 35.03-01-15.000 Platt, Daniel 630.14 35.03-01-24.000 Estep, Nancy 557.26 35.03-01-29.000 Hubbard, John 537.85 35.03-01-33.000 Glendening, Christopher 467.25 35.03-01-34.000 Sharum, Dakin T. 252.00 35.03-01-39.000 Carr, Connal 521.13 Total $4,698.33 Submitted to Cortland County Real Property Tax Service on 12/02/15 by Cathy A. Barber, Scott Town Clerk. AGENDA ITEM NO. 48 – Levying Water Charges - Town of Harford Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 369-15 Levying Water Charges - Town of Harford Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Harford, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Harford: 172.05-01-17.112 Poole, Thomas $ 535.47 172.05-01-32.000 Murray, Rachel 504.78 172.06-01-01.000 Monroe, Edward 421.65 172.06-01-09.000 McCutcheon, Ruby 550.37 172.06-01-12.200 Tweedie, Chris 499.72 Total $2,511.99 Submitted to Cortland County Real Property Tax Services on 12/04/15 by Carrie Merriman Harford Town Clerk. AGENDA ITEM NO. 49 – Levying Sewer Charges - Town of Cuyler Real Property Tax Services ---PAGE BREAK--- 49 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 370-15 Levying Sewer Charges - Town of Cuyler Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Cuyler, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cuyler: 31.02-02-14.000 Aldrich, Christopher 179.20 31.02-02-22.000 Southwick, Daniel 179.20 31.02-02-30.000 Rosselle, Laura Lynn 403.20 31.02-02-32.000 Casler, Harold Ivan 179.20 31.02-02-45.000 Aldrich, Chad 179.20 Total $ 1,120.00 Submitted to Cortland County Real Property Tax Services on 11/12/15 by Wendy Custer, Cuyler Town Clerk. AGENDA ITEM NO. 50 – Levying Water Charges - Town of Cortlandville Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF WHITNEY RESOLUTION NO. 371-15 Levying Water Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: 76.00-02-07.000 Syam, Biswarup 53.76 ---PAGE BREAK--- 50 76.14-01-09.000 Smith, Adam Joseph 57.30 76.15-01-12.000 McBride III, Theodore P. 252.98 76.15-01-15.000 Darling, Amy M. 103.21 76.18-01-31.000 Crandall-Jones, Stacy L. 34.86 76.18-01-34.000 Horner, Savannah C. 76.30 76.19-01-22.000 Poppe, Christine 241.10 76.19-01-29.000 Church Seven Day Adventist 4 4.78 76.19-01-40.000 Rosen, Ida 200.44 76.19-01-45.100 Perelka, Edward R. 134.85 85.11-01-04.100 Lader, Ronald F. 101.33 85.11-01-14.000 Ward, Jody M. 43.68 85.15-01-09.000 Winter, David M. 174.09 85.16-01-03.000 Lilly, Charles T. 31.68 85.16-01-10.000 Ossit, Susan 45.00 85.16-01-30.000 McGrath, John F. 239.60 85.16-02-04.120 Stiles, John E. 134.46 85.19-01-05.000 Naylor, Justin G. 257.93 85.19-01-37.000 Randall, Julie 87.93 85.20-01-27.000 Morris, Judy G. 44.78 86.09-01-19.000 Casey, Valerie A. 67.23 86.13-01-45.210 Carter, Darrell L. 1,058.20 86.17-01-02.120 3901 West Road LLC 89.56 87.04-01-09.000 Caughey, Daniel J. 287.81 95.06-01-15.000 Milham, Elaine M. 273.34 95.07-01-12.000 Petrella, John M. 117.97 95.07-02-09.000 Jones, William 699.57 95.08-01-01.000 Delucia, Dominick 112.62 95.11-01-16.000 Bergeron, Keith 158.31 95.11-01-35.000 Cross, Patricia A. 89.56 95.11-01-46.000 Nightingale, Christopher C. 58.03 95.11-02-25.000 Yunghans, Daniel W. 53.56 95.11-02-29.000 Packer, Samantha J. 41.81 95.11-03-02.000 Strauf, Stephen C. 157.74 95.11-05-04.000 Withey, Brian D. 81.28 95.14-01-10.000 Baum, Benjamin 107.13 95.15-03-11.000 Edinger, John S. 147.39 95.16-01-15.000 General Electric Credit Equiti 180.00 95.16-01-40.000 Corp, Rebecca J. 85.47 95.16-01-55.000 Wells Fargo Bank 269.56 95.16-01-60.000 Ladd, Alyssa 159.45 95.16-01-61.000 Sanford, David W. 36.28 95.16-02-04.000 Payne-Lowe, Lydia 89.56 95.16-02-09.000 Burnham, Margaret A. 269.56 95.16-02-31.000 Dorsett, Gail A. 242.92 95.16-02-37.000 DiNardo, Kyle 212.37 95.16-02-72.000 Lime Road Inc, 1,244.61 95.20-02-06.000-1 Cortlandville Crossing LLC 1,000.70 96.00-03-04.000 Little, Frederick M. 211.90 96.00-03-10.110 Slack, Susan J. 235.38 96.00-12-03.000 McKinney, Scott J. 110.39 96.05-01-03.000 Timmons, Steven M. 98.22 96.05-01-32.000 Harrington, Dustin 171.38 96.06-01-18.000 Rosato, Anthony T. 215.49 96.06-01-20.000 Veintimilla, Peter 93.34 96.06-01-37.000 Sturdevant, Dean 116.12 96.06-02-14.000 Cook, Kimberly A. 104.49 ---PAGE BREAK--- 51 96.06-02-15.000 Shute, Courtney A. 274.43 96.06-02-20.000 Hutchinson, John H. 25.86 96.06-02-36.000 Welsh, David 85.48 96.08-01-01.000 Chierchio, John 68.37 96.09-01-09.000 Decker, Christian A. 399.93 96.09-01-24.000 Cutler, Bethany A. 59.92 96.09-01-70.000 Wing, Charles J. 44.78 96.09-02-08.000 Keane, Thomas Jr 178.60 96.09-02-30.000 O'Dell, Richard 89.56 96.09-02-34.000 Dennison, April L. 344.71 96.09-04-06.000 Stewart, Leon W. 233.17 96.09-04-14.000 Banks, Steven 4,263.50 96.10-01-25.000 Pristash, Kevin 458.06 96.10-02-11.000 Mershon, Michael J. 415.62 96.10-02-38.000 Osborne, Wayland 59.54 96.10-02-46.000 Jubran, Carrie A. 28.23 96.17-01-16.000 Meagley, Sean S. 213.69 105.08-02-35.000 Hopko, Scott C. 325.69 105.11-01-03.000 Yereshkin, Yevgeniy 93.68 106.05-01-15.000 Grant, Scott 99.93 TOTAL $18,871.11 Submitted to Cortland County RPTS 12/9/15 by Karen Q. Snyder, Cortlandville Town Clerk. AGENDA ITEM NO. 51 – Create Part-Time Temporary Fiscal Manager - Budget & Finance Office Mr. Boylan said this item was not on the agenda, and therefore the Rules of Order will need to be suspended prior to adopting it. Mr. Troy made a motion to suspend the Rules of Order in order to consider the resolution. Second by Mr. Whitney. All members voting in favor; none opposed. The motion, and the resolution, were approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Chair SECONDER: George Wagner, Legislative District 15 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Jones, Wheelock, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Susan Briggs ON MOTION OF BOYDEN RESOLUTION NO. 372-15 Create Part-Time Temporary Fiscal Manager - Budget & Finance Office WHEREAS, the needs of the County will be better served by creating one temporary part-time position with no benefits of Fiscal Manager, NOW THEREFORE, BE IT RESOLVED, that one temporary part-time position with no benefits of Fiscal Manager in the Budget and Finance Office (Management Compensation Plan Grade 8, $26.1937-31.8697/hour, up to 20 hours/week, be created effective January 01, 2016 at 12:01 A.M. until March 31, 2016, which is paid out of Account #A19905.54775, AND BE IT FURTHER RESOLVED, the 2016 budget is amended as follows: Decrease: A19905.54775 Contingency $7,464.00 ---PAGE BREAK--- 52 Increase: A13105.51010 PT Pay $6,811.00 A13105.58030 FICA 521.00 A13105.58040 WC 132.00 Executive Session Mr. Troy made a motion to go into Executive Session to discuss the employment history of a particular person. Motion seconded by Ms. Price, all in favor none opposed, and the Legislature held an executive session. Ms. Price made a motion to recommend the appointment of Eric Mulvihill as Clerk of the Legislature for 2016-2017. Motion was seconded by Mr. Wagner. All voting in favor, none opposed. Mr. Boylan explained that votes can be taken in executive session as long as minutes are kept and are made available seven days later as required by New York State Open Meetings law. Mr. Tory made a motion come out of executive session. Motion seconded by Ms. Price. All voting in favor, none opposed. Mr. Boylan advised the media that action had been taken in executive session and the minutes would be released in accordance with Open Meetings Law. Announcements Adjourn ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Less Estimated Estimated Unexpended Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $306,214.36 224,427.00 81,787.36 0.00 Highway - Townwide $276,089.06 157,600.00 25,119.06 93,370.00 Comm. Development $0.00 0.00 0.00 0.00 Sub-Total $582,303.42 $382,027.00 $106,906.42 $93,370.00 Special Districts Light Districts $12,000.00 0.00 3,500.00 8,500.00 Water Districts $62,104.00 58,877.00 3,227.00 0.00 Cincy Fire District $95,833.00 0.00 0.00 95,833.00 Sub-Total Special Districts $169,937.00 $58,877.00 $6,727.00 $104,333.00 Total $752,240.42 $440,904.00 $113,633.42 $197,703.00 Unexpended Estimated Estimated Fund Amount to be Appropriated Fund Appropriations Revenues Balance Raised by Tax Reserves General - Townwide $2,253,708.00 730,975.00 250,000.00 1,272,733.00 0.00 Gen - Outside Villages $770,015.00 322,555.00 447,460.00 0.00 0.00 Highway - Townwide $274,687.00 0.00 274,687.00 0.00 0.00 Hwy - Outside Villages $3,517,940.00 2,141,750.00 700,000.00 436,190.00 240,000.00 Sub-Total $6,816,350.00 $3,195,280.00 $1,672,147.00 $1,708,923.00 $240,000.00 Special Districts C'ville Fire District $748,960.00 0.00 0.00 748,960.00 0.00 Sewer District $1,151,126.00 867,029.00 0.00 284,097.00 0.00 Water District $949,039.00 657,909.00 32,125.00 259,005.00 0.00 Sub-Total Special Districts $2,849,125.00 $1,524,938.00 $32,125.00 $1,292,062.00 $0.00 Total $9,665,475.00 $4,720,218.00 $1,704,272.00 $3,000,985.00 $240,000.00 SUMMARY OF TOWN BUDGETS - 2016 Published from Summary Sheets Submitted by Towns Town of Cincinnatus Town of Cortlandville ---PAGE BREAK--- Budgetary Provisions Less Estimated Other Uses Estimated Unexpended Amount to be Fund Appropriations (to equip reserve) Revenues Balance Raised by Tax General - Townwide $219,111.00 46,550.00 6,980.00 165,581.00 Highway - Townwide $325,072.00 20,000.00 123,689.00 8,000.00 213,383.00 Comm. Development $3,385.00 0.00 3,385.00 0.00 Sub-Total $547,568.00 $20,000.00 $170,239.00 $18,365.00 $378,964.00 Special Districts Sewer District $11,500.00 11,500.00 0.00 0.00 Cuyler Fire District $79,722.00 0.00 79,722.00 Sub-Total Special Districts $91,222.00 $11,500.00 $0.00 $79,722.00 Total $638,790.00 $20,000.00 $181,739.00 $18,365.00 $458,686.00 Lee Estimated Estimated Unexpended Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $207,302.00 156,110.00 23,500.00 27,692.00 Highway - Townwide $339,495.00 126,000.00 0.00 213,495.00 Sub-Total $546,797.00 $282,110.00 $23,500.00 $241,187.00 Special Districts Cincinnatus Fire District $7,562.28 $7,562.28 Marathon Fire District $23,312.00 $23,312.00 McGraw Fire District $6,800.00 6,800.00 Sub-Total Special Districts $37,674.28 $0.00 $0.00 $37,674.28 Total $553,597.00 $282,110.00 $23,500.00 $247,987.00 Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $242,100.00 139,075.00 57,425.00 45,600.00 Highway - Townwide $414,575.00 112,725.00 16,945.00 284,905.00 Sub-Total $656,675.00 $251,800.00 $74,370.00 $330,505.00 Special Districts Harford Fire District $99,133.00 0.00 0.00 99,133.00 Harford Mills Water District $6,520.00 6,190.00 330.00 0.00 Sub-Total Special Districts $105,653.00 $6,190.00 $330.00 $99,133.00 Total $762,328.00 $257,990.00 $74,700.00 $429,638.00 Published from Summary Sheets Submitted by Towns Town of Cuyler Town of Freetown Town of Harford SUMMARY OF TOWN BUDGETS - 2015 ---PAGE BREAK--- Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $1,149,671.00 929,220.00 50,000.00 170,451.00 Gen - Outside Villages $115,894.00 115,894.00 0.00 0.00 Highway - Townwide $578,500.00 322,118.00 0.00 256,382.00 Hwy - Outside Villages $719,694.00 474,800.00 244,894.00 0.00 Sub-Total $2,563,759.00 $1,842,032.00 $294,894.00 $426,833.00 Special Districts Homer Fire District $85,414.00 0.00 0.00 85,414.00 Sub-Total Special Districts $85,414.00 $0.00 $0.00 $85,414.00 Total $2,649,173.00 $1,842,032.00 $294,894.00 $512,247.00 Less Estimated Estimated Unexpended Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $182,099.00 15,100.00 16,000.00 150,999.00 Highway - Townwide $356,841.00 91,855.00 16,000.00 248,986.00 Sub-Total $538,940.00 $106,955.00 $32,000.00 $399,985.00 Special Districts Lapeer Fire District $74,315.70 0.00 0.00 74,315.70 Sub-Total Special Districts $74,315.70 $0.00 $0.00 $74,315.70 Total $613,255.70 $106,955.00 $32,000.00 $474,300.70 Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $262,189.00 51,900.00 31,562.00 178,727.00 Gen - Outside Villages $47,390.00 47,390.00 0.00 0.00 Highway - Townwide $135,480.00 27,015.00 23,614.00 84,851.00 Hwy - Outside Villages $274,200.00 265,815.00 8,385.00 0.00 Sub-Total $719,259.00 $392,120.00 $63,561.00 $263,578.00 Special Districts Marathon Fire District $96,904.64 0.00 0.00 96,904.64 Sub-Total Special Districts $96,904.64 $0.00 $0.00 $96,904.64 Total $816,163.64 $392,120.00 $63,561.00 $360,482.64 Town of Homer Town of Lapeer Town of Marathon SUMMARY OF TOWN BUDGETS - 2015 Published from Summary Sheets Submitted by Towns ---PAGE BREAK--- Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $320,671.00 244,175.00 76,496.00 0.00 Highway - Townwide $433,624.00 296,825.00 28,369.00 108,430.00 Sub-Total $754,295.00 $541,000.00 $104,865.00 $108,430.00 Special Districts Preble Fire District $96,500.00 0.00 0.00 96,500.00 Sub-Total Special Districts $96,500.00 $0.00 $0.00 $96,500.00 Total $850,795.00 $541,000.00 $104,865.00 $204,930.00 Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $245,470.00 194,342.00 51,128.00 0.00 Highway - Townwide $396,900.00 214,543.24 6,206.76 176,150.00 Sub-Total $642,370.00 $408,885.24 $57,334.76 $176,150.00 Special Districts Scott Fire District $38,117.00 0.00 0.00 38,117.00 Water District # 1 $23,590.00 19,970.00 3,620.00 0.00 Sub-Total Special Districts $61,707.00 $19,970.00 $3,620.00 $38,117.00 Total $704,077.00 $428,855.24 $60,954.76 $214,267.00 Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $209,632.43 66,760.00 0.00 142,872.43 Highway - Townwide $355,836.57 123,484.00 0.00 232,352.57 Sub-Total $565,469.00 $190,244.00 $0.00 $375,225.00 Special Districts Solon Fire District $46,000.00 0.00 0.00 46,000.00 Sub-Total Special Districts $46,000.00 $0.00 $0.00 $46,000.00 Town Total $611,469.00 $190,244.00 $0.00 $421,225.00 Town of Solon Town of Preble Town of Scott SUMMARY OF TOWN BUDGETS - 2015 Published from Summary Sheets Submitted by Towns ---PAGE BREAK--- Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $201,965.00 90,875.00 0.00 111,090.00 Highway - Townwide $250,287.00 117,487.00 0.00 132,800.00 Sub-Total $452,252.00 $208,362.00 $0.00 $243,890.00 Special Districts Cincinnatus Fire Protect $36,865.86 0.00 0.00 36,865.86 Sub-Total Special Districts $36,865.86 $0.00 $0.00 $36,865.86 Total $489,117.86 $208,362.00 $0.00 $280,755.86 Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $362,351.00 143,175.00 75,561.00 143,615.00 Highway - Townwide $466,463.00 173,558.00 39,105.00 253,800.00 Sub-Total $828,814.00 $316,733.00 $114,666.00 $397,415.00 Special Districts Truxton Fire District $81,654.00 0.00 0.00 81,654.00 Sub-Total Special District $81,654.00 $0.00 $0.00 $81,654.00 Total $910,468.00 $316,733.00 $114,666.00 $479,069.00 Unexpended Estimated Estimated Fund Amount to be Appropriated Fund Appropriations Revenues Balance Raised by Tax Reserves General - Townwide $619,931.00 402,850.00 76,854.00 140,227.00 0.00 Highway - Townwide $820,782.00 442,511.00 37,755.00 340,516.00 0.00 Sub-Total $1,440,713.00 $845,361.00 $114,609.00 $480,743.00 $0.00 Special Districts Virgil Fire District $232,000.00 0.00 0.00 232,000.00 0.00 Virgil Sewer District # 1 $263,781.00 138,100.00 5,055.00 105,626.00 15,000.00 Virgil Water District # 1 $139,060.00 73,595.00 10,250.00 55,215.00 0.00 Sub-Total Special District $634,841.00 $211,695.00 $15,305.00 $392,841.00 $15,000.00 Total $2,075,554.00 $1,057,056.00 $129,914.00 $873,584.00 $15,000.00 SUMMARY OF TOWN BUDGETS - 2015 Published from Summary Sheets Submitted by Towns Town of Taylor Town of Truxton Town of Virgil ---PAGE BREAK--- Unexpended Estimated Estimated Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $241,937.00 151,900.00 21,403.00 68,634.00 Highway - Townwide $302,775.00 145,904.00 35,721.00 121,150.00 Joint Youth Commission $0.00 0.00 0.00 0.00 Sub-Total $544,712.00 $297,804.00 $57,124.00 $189,784.00 Special Districts Willet Fire District $43,500.00 0.00 0.00 43,500.00 Sub-Total Special District $43,500.00 $0.00 $0.00 $43,500.00 Total $588,212.00 $297,804.00 $57,124.00 $233,284.00 Town of Willet SUMMARY OF TOWN BUDGETS - 2015 Published from Summary Sheets Submitted by Towns ---PAGE BREAK--- 2015 LOCAL LAWS ---PAGE BREAK--- • 1- Allowing for Common, Safe Items to be Excluded from the “Fireworks” and “Dangerous Fireworks” Definitions as Permitted by New York State Penal Law Section 405.00(5)(B) • 2- Prohibiting the Consumption of Illicit Drugs and Alcoholic Beverages and Products by Minors While Located on Private Property • 3- Extending the Imposition of a Mortgage Recording Tax in Cortland County [NOTE: Resolutions 279, 280, and 347 of 2015 were passed in 2015, however, were not on file with the State until 2016. Refer to Local Laws 1-3 of 2016 for these items.] ---PAGE BREAK--- ON MOTION OF RICHARD BUSHNELL RESOLUTION NO. 157-15 LOCAL LAW OF 2015 A Local Law Allowing for Common, Safe Items to be Excluded from the “Fireworks” and “Dangerous Fireworks” Definitions as Permitted by New York State Penal Law Section 405.00(5)(B) Be it enacted by the County Legislature of the County of Cortland as follows: Section 1 Legislative Intent The Cortland County Legislature hereby finds that the intent of this Local Law is to exercise the authority granted to Cortland County pursuant to New York State Penal Law Section 405.00 subdivision 5 to authorize the exemption of “sparkling device” from the definition of “fireworks” and “dangerous fireworks” contained in New York State Penal Law Section 207.00. Certain fireworks should not be labeled dangerous when they pose little or no danger to the public and labeling them as dangerous only serves to restrict business and personal enjoyment. The sale and/or use of “sparkling devices” as herein defined shall be lawful and permitted within Cortland County. Section 2. Definitions A. “Sparkling Devices” as used in this section, includes: Sparkling Devices which are ground-based or hand-held devices that produce a shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report (an audible crackling-type effect is not considered to be a report). Ground-based or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect are also included in this category. Types of devices in this category include: Cylindrical fountain: cylindrical tube not more than 75 grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square, rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed 200 grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of at least ½ inch (12.7 millimeters), a maximum total weight of 500 grams of pyrotechnic composition shall be allowed. Cone fountain: cardboard or heavy paper cone containing not more than 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed 200 grams, as is outlined in this subparagraph. Wooden sparkler/dipped stick: these devices consist of a wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. Sparklers may contain up to 100 grams of pyrotechnic composition ---PAGE BREAK--- per item. Novelties which do not require approval from the United States Department of Transportation and are not regulated as explosives, provided that they are manufactured and packaged as described below: Party popper: small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than 16 milligrams (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of 72 devices. Snapper: small, paper-wrapped devices containing not more than 1 milligram of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed 50 devices each, and the inner packages must contain sawdust or similar, impact-absorbing material. Section 3. Permitted Sale and/or Use of Sparkling Devices The sale and/or use of sparkling devices as defined herein is permitted with the following restrictions: Pursuant to New York State General Business Law Section 392-j, and any amendments thereto, sales will only be permitted on or between the following dates: On or between June 1st and July 5th; or on or between December 26th and January 2nd each year. All distributors, manufacturers, wholesalers, and retailers of sparkling devices must be licensed through the New York State Office of Fire Prevention and Control or other agency so designated by New York State, and shall comply with Executive Law Section 156-h and any amendments thereto, as well as all other applicable New York State Laws and regulations regarding license and registration requirements. Only those persons eighteen (18) years of age or older may purchase said products. Section 4. Non-compliance The failure to comply with the provisions of this Local Law shall be deemed an offense as set forth in New York State Penal Law section 270.00 subdivision 2. Section 5. Severability If any provision of this local law or the application thereof to any person or circumstance is held to be invalid, the remainder of this local law and the application of such provision to other persons or circumstances shall not be affected thereby. ---PAGE BREAK--- Section 6. Effective Date This Local Law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned, Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 28th day of May, 2015 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand and the official seal of the CORTLAND COUNTY LEGISLATURE, this 28th day of May, 2015. ---PAGE BREAK--- ON MOTION OF RICHARD BUSHNELL RESOLUTION NO. 158-15 Adopt Cortland County Local Law No. 2 of 2015 A Local Law Prohibiting the Consumption of Illicit Drugs and Alcoholic Beverages and Products by Minors While Located on Private Property WHEREAS, the County of Cortland desires to protect the public interest, welfare, health and safety of all persons within the confines of the County of Cortland by prohibiting the service to and consumption of alcoholic beverages and products and illicit drugs by persons under the age of 21 years, AND WHEREAS, the Cortland County Legislature finds it appropriate to prohibit and make unlawful the occurrence of social gatherings on private property where alcoholic beverages and products and/or illicit drugs are served, given to or otherwise used by underage persons, AND WHEREAS the enactment of such prohibition necessitates the adoption of a local law NOW, THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the attached local law, which was properly advertised and has sat on Legislator's desks for a minimum of seven day, AND BE IT FURTHER RESOLVED, that the law shall be effective immediately upon the required filing with the NYS Secretary of State. STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned, Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 25th day of June, 2015 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand and the official seal of the CORTLAND COUNTY LEGISLATURE, this 25th day of June, 2015. ---PAGE BREAK--- ON MOTION OF KEVIN WHITNEY RESOLUTION NO. 262-15 Local Law 3 of 2015 - Extending the Imposition of a Mortgage Recording Tax in Cortland County WHEREAS, New York State Tax Law §253-v, as last amended by the Laws of 2015, Chapter 161 on August 13, 2015, authorizes Cortland County to adopt and amend local laws imposing a mortgage recording tax of twenty-five cents for each one hundred dollars ($100.00) and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated in Cortland County and recorded on or after the date upon which such tax takes effect; and WHEREAS, the mortgage recording tax previously authorized by Cortland County Local Law No. 8 of 2013, (and as restated in Local Law No. 4 of 2014) will expire December 1, 2015; and WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services; NOW THEREFORE, BE IT ENACTED by the Legislature of the County of Cortland, as follows: Local Law No. 8 for the year 2013 (as restated in Local Law No. 4 of 2014) is hereby amended to read as follows: Section 1 For the period beginning December 1, 2015 and ending December 1, 2017, there is hereby imposed, in the County of Cortland, a tax of $0.25 for each $100.00, and each remaining fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated within the County of Cortland and recorded on or after December 1, 2015, and a tax of $0.25 on such mortgage if the principal debt or obligation which is or by any contingency may be secured by such mortgage is less than $100.00. Section 7 This Local Law shall take effect December 1, 2015. A certified copy of this Local Law shall be mailed to the Commissioner of Taxation and Finance at the Commissioner’s Office in Albany, New York at least 30 days prior to the date this Local Law shall take effect. Certified copies of this Local Law shall be filed with the Cortland County Clerk, the Secretary of State and State Comptroller within five days after the Local Law is enacted. STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned, Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 24th day of September, 2015 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand and the official seal of the CORTLAND COUNTY LEGISLATURE, this 24th day of September, 2015. ---PAGE BREAK--- Attachments to Resolutions ---PAGE BREAK--- Resolution 57-15 JOINT MUNICIPAL AGREEMENT TOMPKINS COUNTY AND CORTLAND COUNTY EXHIBIT A Cortland Transit expanded service between Cortland County and Tompkins County • Monday through Friday limited service between Cortland County and the Towns of Dryden and Groton including McLean, the Village of Dryden and the Village of Freeville • Passengers would be required to call First Transit to schedule a trip • Trip must be on existing First Transit flex route and either pick up location or destination must be within Cortland County • First Transit flex routes operate twice daily, once in the morning and once in the afternoon Fares Cash $ 2.00 pass $45.00 ---PAGE BREAK--- November 19, 2015 ---PAGE BREAK--- ---PAGE BREAK--- Adopted by CCBA - February 13, 2015 CORTLAND COUNTY BAR ASSOCIATION ASSIGNED COUNSEL PLAN revised February 13, 2015 Resolution 61-15 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Whistleblower Protection Policy Page 1 of 2 Cortland County Whistleblower Protection Policy Approved by Cortland County Legislature – Resolution No. The County of Cortland requires department heads, directors, officers, legislators and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of Cortland County, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. Reporting Responsibility This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns internally so that Cortland County can address and correct inappropriate conduct and actions. It is the responsibility of all board members, officers, legislators, employees and volunteers to report concerns about violations of Cortland County’s code of ethics or suspected violations of law or regulations that govern Cortland County’s operations. No Retaliation It is contrary to the values of Cortland County for anyone to retaliate against any board member, officer, department head, legislator, employee or volunteer who in good faith reports a suspected ethics violation, or a suspected violation of law, such as a complaint of discrimination, or suspected fraud, or suspected violation of any regulation governing the operations of Cortland County. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. A volunteer or legislator who retaliates against someone who has reported a violation in good faith may be subject to further action by the appropriate Department Head, Legislative Chair or Legislative Committee Chair as deemed necessary and prudent. Reporting Procedure Cortland County has an open door policy and suggests that employees share their questions, concerns, suggestions or complaints with their supervisor. If you are not comfortable speaking with your supervisor or you are not satisfied with your supervisor’s response, you are encouraged to speak with the Personnel Director. Supervisors and department heads are required to report complaints or concerns about suspected ethical and legal violations in writing to the Cortland County Attorney, who has the responsibility to investigate all reported complaints. Employees with concerns or complaints may also submit their concerns in writing directly to their supervisor, department head or the Personnel Director. Compliance Officer The Cortland County Attorney shall act as the Compliance Officer. The Compliance Officer is responsible for ensuring that all complaints about unethical or illegal conduct are investigated and resolved. The Compliance Officer will advise the Personnel Director and the Legislative Chair of all complaints and their resolution and will report at least annually to the Budget & Finance Committee of the Legislature on reported compliance activity relating to accounting or alleged financial improprieties. In the event that the County Attorney is unable to act as the Compliance Officer, whether based on conflict, unavailability or other circumstance, the Assistant County Attorney will assume the role as Compliance Officer. Resolution 104-15 ---PAGE BREAK--- Whistleblower Protection Policy Page 2 of 2 Accounting and Auditing Matters Cortland County’s Compliance Officer shall immediately notify the Budget & Finance Committee of any concerns or complaint regarding municipal accounting practices, internal controls or auditing and work with the committee until the matter is resolved. Acting in Good Faith Anyone filing a written complaint concerning a violation or suspected violation must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense. Confidentiality Violations or suspected violations may be submitted on a confidential basis by the complainant. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. Handling of Reported Violations Cortland County’s Compliance Officer will notify the person who submitted a complaint and acknowledge receipt of the reported violation or suspected violation. All reports will be investigated and appropriate corrective action will be taken if warranted by the investigation. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- AGREEMENT BETWEEN THE COUNTY OF CORTLAND/SHERIFF AND THE CSEA, LOCAL 1000 AFSCME AFL-CIO BY THE CORTLAND COUNTY DEPUTY SHERIFF/CORRECTION OFFICER UNIT 655003 OF THE CORTLAND COUNTY LOCAL 812 EFFECTIVE JANUARY 1, 2015 THROUGH DECEMBER 31, 2019 Resolution 164-15 ---PAGE BREAK--- i TABLE OF CONTENTS ARTICLE PAGE 46..............AGREEMENT DISTRIBUTION 25..............ATTENDANCE IN COURT AND JURY DUTY 39..............BENEFITS FOR PART-TIME EMPLOYEES 18..............BEREAVEMENT LEAVE RIGHTS 7................DISCIPLINE AND DISCHARGE 37..............DOMICILE 43..............DRUG/ALCOHOL DEDUCTIONS, AND 44..............DURATION OF AGREEMENT 35..............EDUCATION AND TRAINING 14..............EMERGENCY POOL OPPORTUNITY DECLARATION 17..............EXCESSIVE ABSENTEEISM AND MEDICAL LEAVE SICK LEAVE PROCEDURE 10..............INSURANCE (HEALTH/DENTAL/VISION) 31..............LABOR/MANAGEMENT COMMITTEE 29..............LAYOFF/REDUCTION IN WORK FORCE OF ABSENCE 2................MANAGEMENT RIGHTS ALLOWANCE EXAMINATIONS 26..............MILITARY LEAVE ---PAGE BREAK--- ii OF TITLE WORK EMPLOYMENT 20..............OVERTIME 16..............PERSONAL LEAVE 32..............PERSONNEL FILES PREAMBLE 40..............REALLOCATION 1................RECOGNITION 11..............RETIREMENT 27..............SENIORITY LEAVE ALLOWANCE 22..............UNIFORMS 28..............VACANCIES 5................WORKDAY/WORKWEEK COMPENSATION Appendix A Grade and Title Appendix B Wage Appendix C Drug/Alcohol Policy ---PAGE BREAK--- 1 PREAMBLE Entered into by and between the Civil Service Employees Association, Inc., Local 1000 AFSCME, AFL-CIO, the recognized Union by the Cortland County Deputy Sheriff/Correction Officer Unit Number 655003, hereinafter referred to as the "CSEA" and the County of Cortland/Sheriff of Cortland County, hereinafter referred to as the "County." In consideration of the mutual covenants contained herein the parties hereto do agree as follows: ARTICLE 1 RECOGNITION SECTION 1. The County recognizes the CSEA as the sole and exclusive bargaining representative for the purposes of establishing salaries, wages, hours, and other terms and conditions of employment, as defined in Section 201(4) of the Civil Service Law, for members of the defined bargaining unit for the duration of this Agreement. The CSEA represents employees of the County holding either a full-time position or a regularly scheduled part-time position scheduled to work at least fifteen (15) hours per week in one title in a title reflected in the Appendix A of this Agreement. All seasonal, casual/per diem, or other irregularly scheduled employees, including student employees on school breaks, and temporary positions, as defined in Section 64 of the Civil Service Law, shall be excluded from the bargaining unit. All employees who fill positions within the jurisdictional classifications of exempt or unclassified as defined by the Civil Service Rules shall be excluded from the bargaining unit. SECTION 2. The Civil Service Employees Association, Inc., Local 1000 AFSCME, AFL-CIO, affirms that it does not assert the right to strike against the County, as defined under Section 210 of Article 14 of the Civil Service Law. ARTICLE 2 MANAGEMENT RIGHTS Except as limited by other provisions of this Agreement, all of the authority, rights, and responsibilities possessed by the County are retained by it including, but not limited to, the right to determine the mission, purposes, objectives, hours, scheduling, days off, and policies of the County; to determine the facilities, methods, means, and number of personnel required to conduct County programs; to administer the merit system, including the examination, selection, recruitment, hiring, appraisal, training, retention, promotion, assignment, or transfer of employees pursuant to law; to direct, deploy, and utilize the work force; to establish specifications for each class of positions and to classify and reclassify and to allocate or reallocate new or existing positions in accordance with law; and to discipline or discharge employees in accordance with law and the provisions of this Agreement. ---PAGE BREAK--- 2 ARTICLE 3 CSEA RIGHTS SECTION 1. Bulletin Boards The Union may maintain one bulletin board in each facility where CSEA represented members are located to post notices and other communications. Each bulletin board shall be labeled solely for Union use. The Union may post meeting notices, internal election notices, information on benefits of the Union to its members, bargaining updates, and other information that is within the realm of business of the Union. The Union agrees not to post any material that relates to public elections or is derogatory toward Cortland County, its management, employees, or elected officials. The Personnel Officer prior to posting shall approve any item that is outside the realm of business of the Union. SECTION 2. The Unit President and Stewards shall have access to accrual records of employees within their jurisdiction with the written approval of the employee. SECTION 3. The Executive Board of the Cortland County Deputy Sheriff Correction Unit 655003 of the Civil Service Employees Association shall be permitted to allocate forty-eight (48) hours with pay per calendar year among the employee members to attend official meetings of the Civil Service Employees Association. When possible, the Sheriff shall be notified in writing, with a copy to the Personnel Officer, two weeks in advance of such leave. Alternate Delegates will be assigned in case of emergency. The Unit President will notify the Personnel Officer by January 15th of each year of all Officers and Union Stewards/Grievance Representatives and what areas they represent. Any changes to said list after January 15th will be sent to the Personnel Officer within five working days of the change. SECTION 4. The Officers and Agents of CSEA shall have the right to visit the employer’s facilities for purposes of adjusting grievances and administering the terms and conditions of this Agreement. Employees who are designated or elected for the purpose of adjusting grievances or assisting in the administration of this contract shall be permitted a reasonable amount of time free from their regular duties to fulfill these obligations, which have as their purpose the maintenance of harmonious and cooperative relations between the employer and the employee and the uninterrupted operation of government. SECTION 5. The County agrees to submit to the Union each month a list of any new employees hired, the activity in which they are working or will work, their home address, and the status of their employment as whether they are temporary, seasonal, federally funded, or permanent. Upon written request, the Personnel Officer will provide the CSEA President with a list of current employee data including, but not limited to, employee name, department, date of hire, part-time or full-time, job title, jurisdictional classification (competitive, non-competitive, labor), and grade level. ---PAGE BREAK--- 3 ARTICLE 4 DUES, DEDUCTIONS, AND COLLECTIONS SECTION 1. Check-off of Union Dues All employees covered by this Agreement shall authorize their membership dues to the Union by signing the authorization for payroll deduction of Union dues form provided by the Union. The County agrees to deduct authorized membership dues from the wages of all employees covered by this Agreement and forward said dues bi-weekly to CSEA Inc., Local 1000 AFSCME, AFLCIO, 143 Washington Avenue, Albany, New York 12210. SECTION 2. Agency Shop The Union, having been recognized as the exclusive representative of all employees within the bargaining unit, shall be entitled to have deductions made bi-weekly from the pay of each as an agency fee in the amount equivalent to Union dues. Non-members of the Union shall be entitled, upon request, to a refund of the amount of their agency shop fee deductions used by the Union in aid of activities or causes of a political or ideological nature. The Union affirms that it has adopted such a procedure for the refund of the agency shop fee deductions as required by Section 208 of the New York State Civil Service Law. The provision for agency shop fee deduction shall continue in effect as long as the Union maintains such procedure. Agency fee deductions shall be forwarded bi-weekly to CSEA Inc., Local 1000 AFSCME, AFLCIO, 143 Washington Avenue, Albany, New York 12210. SECTION 3. Other CSEA Authorized Deductions The County shall deduct, from the wages of employees who authorize said deductions, premiums for all current CSEA-sponsored programs. The County further agrees to forward said deductions to CSEA Inc., Local 1000 AFSCME, AFLCIO at 143 Washington Avenue, Albany, New York 12210. SECTION 4. Deduction Exclusivity In addition to the above referenced deductions, the County agrees to deduct, from the wages of employees who authorize said deductions, regular subscription to the Dental, Vision and Health Insurance, a Deferred Compensation Provider Plan, a Flex Spending Plan, the New York College Savings Program, United Way, and direct deposits. SECTION 5. Changes in Deductions Any changes in the amount of Union dues and CSEA sponsored program fees to be deducted must be certified by the Union in writing and forwarded to the County thirty (30) days prior to implementation. Where an employee has no earnings from a paycheck from which deduction have to be made, the County shall not be responsible for collecting the dues or program fees. ---PAGE BREAK--- 4 SECTION 6. Indemnification It is understood and agreed that the provisions of this Article shall be subject to the requirements of applicable law. The Union agrees to indemnify and save the employer harmless from any and all claims, suits, judgments, attachments and from any other form of liability, including legal fees and other reasonable and necessary expenses arising out of or resulting from any deduction from wages made in accordance with this article or in reliance upon any authorization card or list relating thereto which is furnished to the County by CSEA. ARTICLE 5 WORKDAY/WORKWEEK SECTION 1. Employees shall work forty-hours (40) per week in accordance with a 5/2 schedule. The workweek for all employees shall start at 12:01 a.m. Monday and end at 12:00 midnight Sunday. The Sheriff shall have the right to establish work schedules and assign employees to shifts as necessary for the operation of the jail. In the event the Sheriff feels it is necessary to establish a work schedule that includes a rotating schedule for all shifts and positions, the parties will meet to negotiate the change prior to implementation. By December 1st of each year, employees may submit a shift preference list to the Sheriff. Shift assignments will be made by mid-December to allow for contractual 14-day notice of change. Shift preferences will be considered by the Sheriff, at his/her discretion, upon request for shift change by the employee. When the Sheriff or his/her designee directs shift changes, the shift preference list will be considered. The shift preference request shall not be subject to the grievance procedure as outlined in Article 6. Changes from an employee’s normal work schedule can be made for reasonable cause but shall not be made arbitrarily or capriciously. SECTION 2. All Correction Division employees shall report to work fifteen (15) minutes prior to the commencement of their assigned shifts for the purpose of receiving orders, job assignments, training, doing the “count”, and reporting to assigned work areas. This early reporting time shall be paid in accordance with Article 20, Overtime. Effective January 1, 2012, employees shall report seven minutes prior to the commencement of their assigned shifts. Except in cases of emergency or unusual circumstances, should it be necessary to change the work schedule, shift, or pass days for employee(s) of the Correction Division, the Sheriff or his/her designee shall give at least 14 calendar days’ notice to the employee(s) and CSEA. This notice requirement does not include the need for scheduling overtime. Changes may be made in less time if mutually agreeable between the employee(s) and the Sheriff or his/her designee. ---PAGE BREAK--- 5 In the event of a work schedule, shift, or pass day change, an employee shall have the opportunity to express claim of hardship in writing to the Sheriff. Such claim of hardship will be considered by the Sheriff and shall be responded to in writing with a copy to CSEA prior to the date of the planned change. SECTION 3. The regular workday shall start between the hours of 6:00 a.m. and 9:00 a.m., 2:00 p.m. and 5:00 p.m., or 10:00 p.m. and 1:00 a.m. SECTION 4. Meal Periods The paid meal period shall be thirty (30) minutes and shall be established with the work schedule. When possible, the meal period shall be scheduled at the middle of each work shift. SECTION 5. Rest Periods All employees shall receive a fifteen (15) minute rest period during each four hour shift. The rest period shall be granted near the middle of each four hour shift whenever this is feasible. Rest periods shall not be used to extend meal periods or to adjust the regularly scheduled work shift start and stop times. Unused meal and rest periods shall be forfeited. SECTION 6. Return Pay An employee who is required to return to work to provide services after having left work shall receive a minimum of three hours pay unless the time extends his/her regular workday. SECTION 7. Light Duty Assignments Correction Officers who are in 207C status may be assigned to a light duty assignment within the divisions of the Sheriff’s Department. Light duty assignments will not be found to effect exclusivity. The parties agree to an orientation by Personnel to convey the light duty assignment. ARTICLE 6 GRIEVANCE PROCEDURE SECTION 1. The purpose of this Article is to provide an employee with a just, prompt, and equitable method for resolving any grievance arising under this Agreement with the County. SECTION 2. Definitions For the purpose of this Article, the following definitions shall apply: A. Grievant - CSEA or a member of this bargaining unit of CSEA ---PAGE BREAK--- 6 B. Grievance - any alleged violation of the terms and conditions of employment, as defined in this Agreement, including any misinterpretation or misapplication of this Agreement or past practice as defined in Article 6, Section 7. C. Supervisor - the employee's immediate supervisor D. Department Head - the Sheriff E. Designee - the person appointed by the Sheriff or County to act on his/her behalf in matters pertaining to this Agreement F. CSEA - Cortland County Sheriff Department Corrections Employee Unit 655003 G. Representative - any person authorized by the CSEA to represent the grievant in procedures hereunder H. Day - one full working day in which the employee worked, or was scheduled to have worked, after the day the grievance was filed I. Class Action - CSEA may file a class action if the grievance involves more than one CSEA employee. SECTION 3. Copies of the grievance and all replies for grievances at Level I and/or Level II shall be sent by the Personnel Officer to the grievant, the Sheriff, and CSEA Unit President. SECTION 4. Procedure for Level I A. Within five working days of the occurrence of the alleged grievance, or within five working days within which the grievant knew of the alleged grievance, the grievant, with or without CSEA representation, shall file the grievance with the Sheriff, with a copy to the Personnel Officer. In an attempt to resolve the grievance, the Sheriff will meet with the grievant, with or without CSEA representation. The resulting resolution from the meeting shall be reflected on the grievance form. B. If the discussion with the parties does not result in a satisfactory resolution, the grievant may, at his/her option, proceed to Level II. C. At the option of either the CSEA Unit President or the grievant, Level I may be bypassed and the grievance submitted directly to Level II for a class action grievance only. SECTION 5. Procedure for Level II A. Within five working days of receipt of the decision at Level I, the grievant may submit to the County Chairman the grievance, in writing, accompanied by copies of all prior documentation and correspondence. The Chairman, County Administrator, ---PAGE BREAK--- 7 Personnel Officer, and Sheriff shall meet within ten (10) working days of receipt of the written grievance for the purpose of resolving the grievance. B. If the grievance is resolved at this meeting, the Chairman will provide a copy of the resolution in writing to the grievant, with a copy to the CSEA Unit President, County Administrator, the Sheriff, and the Personnel Officer. C. If the grievance is not resolved as a result of the meeting, the Chairman shall, within ten (10) working days after the meeting, deliver to the grievant, in writing, his/her decision in the matter, with a copy to the CSEA Unit President, the Sheriff, the County Administrator, and the Personnel Officer. D. If the decision is not satisfactory to the grievant and/or CSEA, they may proceed to Arbitration. SECTION 6. Procedure for Arbitration A. Within ten (10) working days after the reply and decision of the Sheriff, County Administrator, County Chairman, and the Personnel Officer, issued by the Personnel Officer, either party may submit to the other party a letter of intent to file binding arbitration. B. The arbitrator shall be selected from a list furnished by PERB or AAA and shall be mutually agreed upon pursuant to their procedural rules. C. The cost of arbitration shall be shared equally by the County and CSEA. D. The arbitrator shall place his/her decision in writing within thirty (30) calendar days setting forth in the findings, his/her reasoning, conclusion, and award. The arbitrator shall be limited to the issue submitted to him/her and shall be without power to make a decision which is violative of the Agreement, Federal, State, or Local Laws, nor shall she/he have the power to alter, add to, or detract from this Agreement. SECTION 7. To establish a past practice, CSEA shall demonstrate the existence of "an established past practice": the practice must be unequivocal; and the practice must have been in existence for a significant period of time; and the employees could reasonably expect the practice to continue without change. ---PAGE BREAK--- 8 ARTICLE 7 DISCIPLINE AND DISCHARGE SECTION 1. A competitive-class employee covered by this Agreement who has successfully completed his/her probationary period shall utilize the following procedure for discipline and discharge matters in lieu and in place of the procedures specified in Section 75, 76, and 77 of the New York State Civil Service Law. SECTION 2. Employees within the non-competitive class of the Sheriff's Department shall receive, after two years of full-time consecutive service or the part-time bargaining unit equivalent, access to this provision. SECTION 3. a) Disciplinary action shall include, but is not limited to, written reprimands, suspension, demotion, discharge, fines, or any combination thereof or other such penalties as may be imposed by the County. b) A notice of such discipline shall be made in writing and served upon the employee with a copy to the CSEA Unit President and Personnel Officer. The specific act(s) for which discipline is being imposed and the penalty(ies) shall be specified in the notice. c) The employee against whom suspension without pay penalties have been imposed may be suspended without pay for a period not to exceed sixty (60) days. SECTION 4. If the employee disagrees with the disciplinary action imposed, the employee and/or CSEA may submit a grievance at Level II of the Grievance Procedure as specified in Article 6 of this Agreement. Failure to submit a grievance within ten (10) working days of receipt of the notice of discipline will constitute acceptance of the imposed penalty by the employee and CSEA and the matter will be settled in its entirety. Subject to a mutual written agreement between CSEA and the Personnel Officer, the time limit herein above specified may be extended. SECTION 5. An employee shall have the right to be represented in disciplinary matters by a CSEA representative if the employee elects to do so. Nothing contained herein shall be construed as limiting the right of an employee to informally resolve the disciplinary matter by settlement with the Sheriff and the employee may waive his/her rights to the procedure as outlined herein. Any settlement agreed upon between the parties shall be reduced to writing and shall be final and binding upon all parties. Copies of all settlements shall be sent to the Personnel Officer and CSEA Unit President. SECTION 6. No disciplinary action shall be commenced by the County more than eighteen (18) months after the occurrence of the alleged act(s) for which discipline is being considered provided, however, that such time limitation shall not apply where the act(s) would, if proven in a court of appropriate jurisdiction, constitute a crime. ---PAGE BREAK--- 9 ARTICLE 8 HOLIDAYS SECTION 1. All employees shall be paid eight hours at their straight time hourly rate for the following observed holidays in accordance with this Article and the schedule below: Holiday 2015 2016 2017 2018 2019 New Year's Day Thurs, Jan 1 Fri, Jan 1 Sun, Jan 1 Mon, Jan 1 Tues, Jan 1 President's Day Mon, Feb 16 Mon, Feb 15 Mon, Feb 20 Mon, Feb 19 Mon, Feb 18 Memorial Day Mon, May 25 Mon, May 30 Mon, May 29 Mon, May 28 Mon, May 27 Independence Day Sat, July 4 Mon, July 4 Tues, July 4 Wed, July 4 Thurs, July 4 Labor Day Mon, Sept 7 Mon, Sept 5 Mon, Sept 4 Mon, Sept 3 Mon, Sept. 2 Thanksgiving Day Thurs, Nov 26 Thurs, Nov 24 Thurs, Nov 23 Thurs, Nov 22 Thurs, Nov 28 Christmas Day Fri, Dec 25 Sun, Dec 25 Mon, Dec 25 Tues, Dec 25 Wed, Dec. 25 SECTION 2. Floating Holidays In addition to the observed holidays above, bargaining unit members shall receive six floating holidays annually. New employees will receive a pro-rated share of the floating holidays.
During the first six months of the calendar year, three days will be available for use;
During the second six months of the calendar year, three days will be available for use. In order to assure orderly performance and continuity of services provided by the Corrections Unit, each employee wishing to schedule a floating holiday should request such floating holiday in writing as far in advance as reasonably possible, but preferably at least one week in advance of the requested floating holiday. Floating holidays to be used in the month of December shall be requested no later than December 1st. Any employee required to work on his/her floating holiday(s) shall be allowed to reschedule the floating holiday(s). Any floating holidays not taken between January 1 and December 1 or scheduled to be taken in the month of December shall be paid at the employee's regular straight time hourly rate by separate check in the first pay period in December. A floating holiday scheduled to be taken in December, which is cancelled by the Sheriff or designee, shall be paid at the employee's regular straight time hourly rate. ---PAGE BREAK--- 10 Upon permanent separation from the County the time allowed for use prior to separations shall be pro-rated as follows: • 1/1-12/31 Four hours per month provided employee works at least half the work days per month • Usage in excess of the time allowed will be adjusted in the final paycheck Upon retirement from the County, the unused floating holidays will be paid as follows: • 1/1-12/31 Four hours per month provided the employee works at least half the work days per month • Usage in excess of the time allowed will be adjusted in the final paycheck SECTION 3. The Corrections Division will be open on holidays. Correction employees shall work the holiday in accordance with the natural rotation of the Corrections Division work schedule. A. The 24-hour holiday period shall commence at 11:00 p.m. on the day prior to the observed holiday and end at 11:00 p.m. on the day of the observed holiday. If the shift schedule changes in the future, the 24-hour holiday period will be re-defined. B. In addition to holiday pay, as described in Section 1, bargaining unit members scheduled to work on an observed holiday shall be paid at their straight time hourly rate for the first eight hours of work. For all hours worked in excess of eight hours in the holiday period, bargaining unit members shall be paid at one and one-half (1½) times their straight time hourly rate. C. In addition to holiday pay, as described in Section 1, unit members who are not scheduled to work the observed holiday but are called in to work or volunteer to work shall be paid at one and one-half (1½) times their straight time hourly rate for all hours worked in the 24-hour holiday period. SECTION 4. For an employee to be paid for a holiday, the employee must work his/her regularly scheduled work shift prior to and following the holiday. Use of paid benefit time, other than sick time, for which prior approval has been given shall be exempt from Article 8, Section 4. If an employee is leaving for or returning from an approved unpaid leave of absence the work shift prior to or following the holiday, the employee will be paid for the holiday. SECTION 5. All employees shall forfeit being paid for a holiday if absence from work due to illness occurs the work shift immediately preceding or following the holiday, unless said illness is verified by a medical provider’s certification, if required by the Sheriff or his/her designee. ---PAGE BREAK--- 11 SECTION 6. If an employee is absent from work due to illness on both the last scheduled work shift prior to the holiday and the first scheduled work shift following the holiday, s/he shall forfeit being paid for the holiday unless the absence is verified by a medical provider's statement. Use of sick time for which prior notification has been given shall be exempt from Article 8, Section 6. ARTICLE 9 VACATION SECTION 1. Except for those employees who are discharged, terminated in accordance with Civil Service Rule XIX following an absence without leave, or otherwise terminated for cause, the Sheriff shall grant vacations to the employees. Employees covered by this Agreement shall be entitled to accumulate vacation time in accordance with the following schedule. Vacation accruals may be used in one-quarter hour increments. Years of Credit Days of Vacation Accrued Maximum Days Earned Annually At Least 1 month 0.8333 10 2 years 0.9167 11 3 years 1 12 4 years 1.0833 13 5 years 1.25 15 6 years 1.3333 16 7 years 1.4167 17 8 years 1.5 18 9 years 1.5833 19 10 years 1.75 21 15 years 2.0 24 20 or more years 2.4167 29 A new employee must start on or before the 15th of the month to receive vacation credit for the initial month of employment. For calculating vacation credit for employees hired prior to January 1, 2002, the date the employee became or becomes full-time, which is half time or more up to and including full-time, shall be used. For employees hired prior to January 1, 2002, any previous full-time County service, which is half-time or more up to and including full-time, will be counted towards vacation time calculation. For calculating vacation credit for employees hired on or after January 1, 2002, the date that the employee becomes part of the bargaining unit shall be used. ---PAGE BREAK--- 12 For employees hired on or after January 1, 2002, only continuous full-time County service immediately preceding employment in the Sheriff’s Department will be counted towards vacation time calculation. For the first January 1 of employment after the initial date of employment, the employee shall be credited with two years of service credit for vacation. Each January 1 thereafter, the employee shall be credited with an additional year of service. Employees shall not accrue vacation leave for any period during which they are off the payroll for more than half the working days in a month. SECTION 2. Maximum Vacation Accumulation The maximum vacation time that can be accumulated by each employee at one point in time is 400 hours. Once the maximum accumulated vacation balance is on the books, no further vacation accruals shall be credited to the employee until the accumulated balance goes below the maximum. SECTION 3. Vacation Eligibility Requirements Employees shall start to accrue vacation beginning the date of hire; however, they shall not be eligible to use vacation accruals until after six consecutive months of employment with the Sheriff's Department. SECTION 4. Vacation Pay The rate of vacation pay shall be the employee’s regular straight time hourly rate of pay in effect for the employee’s regular job at the time the vacation is being taken. SECTION 5. Request for Vacation In order to assure orderly performance and continuity of those municipal services provided by the employees of the Sheriff's Department, each employee wishing to schedule vacation should request in writing such vacation leave as far in advance as reasonably possible, but preferably at least one week in advance of the requested vacation period. In order to better assure that their vacations may be scheduled when they want them, employees should, as set forth in Section 6 of Article 9, actually request their vacations between January 1 and January 31st of each year for the period March 1 thru February 28 of the following year. A. Employees will be allowed to submit for vacation accruals not yet earned but will be available to the employee at the time vacation is taken. B. Vacation requests will take precedent for scheduling over other types of leave accruals because vacation time is the only accrual that the contract gives seniority preference. ---PAGE BREAK--- 13 C. Requests for floating holiday and personal leave will not be approved prior to February 28 if the request is for leave that occurs after February 28. These requests will be processed after vacation leave has been scheduled. Requests for vacation shall be granted upon approval of the Sheriff or his/her designee unless it is determined that such absence would adversely affect and interfere with the orderly performance and continuity of the Sheriff Department's service. Vacation requests shall not be arbitrarily or unreasonably denied. SECTION 6. Scheduling Vacations Vacations will be scheduled insofar as possible and practical at those times requested by each employee. However, because of the nature of the work and the requirement that the orderly performance and continuity of the Sheriff Department's services be maintained, it may be necessary to limit the number or prohibit any employees from taking vacations during a particular period or at the same time. For the purposes of scheduling vacations, the Sheriff will use the following procedure: A. Vacation requests shall be submitted to the Sheriff in writing and will be processed as follows: • for those requests submitted prior to January 31st , division seniority will prevail; • for those requests submitted after January 31st, they shall be granted on a first- received, first-granted basis; B. In the event requests are received by the Sheriff at the same time after January 31st for the same vacation period, division seniority will be the determining factor of who is granted vacation. (Division seniority shall be the last bargaining unit date of full-time hire/start in the division.) Approval and/or denial of vacation requests shall be received by February 28 for vacations requested during the January 1-31 period. Approval and/or denial of vacation submitted after January 30th shall be received within seven days after submission. SECTION 7. Vacation Cancellation Except in the case of emergency, as determined by the Sheriff or his/her designee, no approved vacation shall be cancelled by the Sheriff, County Administrator, and the Chairman of the Legislature. An employee who is not at the maximum vacation accumulation of 400 hours at the time vacation is scheduled to be taken and who is not able to take vacation because his/her vacation is denied or cancelled by the Sheriff or his/her designee, shall have the option of taking vacation at ---PAGE BREAK--- 14 another time or to be compensated with straight-time pay for the vacation period denied or cancelled. An employee who has reached the maximum vacation accumulation of 400 hours at the time vacation is scheduled to be taken and whose vacation is denied or cancelled by the Sheriff or his/her designee shall be compensated with equal straight-time pay for the vacation period denied or cancelled. SECTION 8. Vacation Call Back Except in the case of an emergency, as determined by the Sheriff, the County Administrator, and/or Chairman of the Legislature, or unless mandated by law, no employee shall be required to return to and appear for work during his/her scheduled vacation period once it has begun (including any holidays or other days off which constitute a part of the vacation period). SECTION 9. Separation from Service Any employee who resigns, retires, or is otherwise permanently separated from the service of the Sheriff's Department, except those who are discharged for cause, shall receive vacation pay for all of his/her accrued vacation upon separation from employment with the County provided that: A. the employee has completed six months of continuous service with the Sheriff's Department; B. in the case of resignation or retirement, the employee gives ten (10) working days written notice to the Sheriff and the Personnel Officer; and C. the employee works ten (10) working days (days do not need to be consecutive but must include the last day of employment) following the day written notification is given, unless the employee has a death in his/her immediate family (as defined in Article 18 Section is required to report for jury duty, as defined in Article 25; or is required to be absent from work for any other unforeseen reason that, at the discretion of the Sheriff and Personnel Officer, constitutes a valid reason for absence. (For this clause only, if a paid holiday falls within the ten (10) day notice period, it shall be considered a day worked if all other required days are worked by the employee). At the sole discretion of the Sheriff, in consultation with the Personnel Officer, the ten (10) day requirement may be waived and the employee paid for the accrued, but unused, vacation time. The amount of payment for all unused vacation shall be calculated based upon the employee’s regular straight time hourly rate of pay in effect for the employee’s regular job on the last workday of the employee’s employment. Vacation pay upon separation is not applicable to any specific period of time and cannot be used to extend the separation date. Accrued vacation pay for an employee who became deceased while in service will be paid in the pay period immediately following the notification of death. ---PAGE BREAK--- 15 For employees who permanently separate from County service prior to the end of the accrual year and are eligible for payment of accrued vacation, the County shall round up to the nearest quarter hour of accrued benefit, but never more than the maximum allowed for vacation earned at the time of separation. ARTICLE 10 INSURANCE SECTION 1. Health Insurance The County may change the present group medical insurance plan and/or carrier provided that any new plan or carrier put into effect must be equal to or better than those prevailing at the time this Agreement was executed. SECTION 2. Said plan will be provided to employees who work 20 hours or more with the County contributing 80% of the premium and the employee contributing 20% of the premium. Bargaining unit members shall pay 20% of the 2010 premium rate for 2011. SECTION 3. The County Health Insurance Plan includes a three tier formulary plan for prescription drugs. Employees may obtain prescription medications through the following providers and will pay the following co-pays: Maintenance Medications (Changes effective July 1, 2015) A. Employees may obtain available brand name prescription maintenance medications through the voluntary international mail order program from SBTMeds (CanaRx Services Inc.) at $0 co-pay. Please check available medications list at the Personnel Office or sbtmeds.com. B. Employees who fill prescriptions for maintenance medications through the domestic mail order program will pay one co-pay per 90-day supply: $10 for generic $20 for brand name formulary $35 for non-formulary C. Employees who fill prescriptions for maintenance medications at a retail pharmacy will pay one co-pay per 30-day supply. Only 30 day fills will be available at the retail pharmacy. $10 for generic $20 for brand name $35 for non-formulary ---PAGE BREAK--- 16 UPON THE FOURTH REFILL AT RETAIL, EMPLOYEES SHALL PAY A PENALTY CO-PAY AT 50% OF THE DRUG COST. Maintenance medications that are not able to be filled through the mail order program are excluded from the fourth refill penalty and may be processed as non-maintenance medications as described below. Non-Maintenance Medications $10 for generic $20 for brand name formulary $35 for non-formulary Employees shall be required to fill all prescriptions with the generic brand when available. Should the employee voluntarily elect not to fill with the generic brand, the employee will be responsible for the cost between the generic and the drug selected (name brand or non- formulary) plus the co-pay for the name brand or formulary. In the event that the employee cannot take a generic drug due to a medical reason determined by the prescribing medical provider, the employee will not be required to pay the difference between the generic drug and the drug selected. The co-pay will be required for either the name brand or formulary. SECTION 4. Employee contributions for the health insurance premium shall be deducted in equal amounts from each bi-weekly paycheck. Coverage for new employees hired prior to the 16th of the month shall become effective on the first of the following month. Coverage for new employees hired on or after the 16th of the month shall become effective on the first day of the second month following employment (e.g. date of hire of May 17 would result in coverage effective July SECTION 5. Enrollment in the health insurance plan shall take effect as described in Section 4 of Article 10 or during the open enrollment period held at six month intervals. SECTION 6. Dental and/or Vision Insurance Employees shall be eligible to join the dental and/or vision insurance plan agreed upon. The coverage shall be for the employee and/or family and will be provided as follows: • The cost of single coverage shall be shared equally by the County and the employee. • The additional cost for family coverage shall be borne by the employee. SECTION 7. Enrollment in the dental and/or vision insurance plan shall take effect as described in Section 4 of Article 10 or during the open enrollment period held at six month intervals. SECTION 8. All State mandated requirements regarding health insurance will become part of the County Health Insurance Plan. ---PAGE BREAK--- 17 SECTION 9. Spouses and/or dependents of an employee who becomes deceased as a result of a work-related injury or illness shall be permitted to continue to receive health insurance from the County. Provided that the death meets the criteria outlined in the Cortland County Health Insurance Program policies and the qualifying criteria for spouse and/or dependents is met, the survivors shall be responsible for the portion of the premium paid by the employee prior to his/her death and shall incur the same increase(s) in premiums as active employees. SECTION 10. Health Insurance Coverage Upon Retirement Employees shall be eligible to continue health insurance in to retirement provided they have met the requirements in Section 10: A, B, C, D, and E below. A. Completion of a minimum of ten (10*) years service (Employees hired on or after January 1, 2006 will require ten (10*) consecutive years) with Cortland County; and B. are employed by Cortland County at the time of retirement; C. are enrolled in the health plan at the time of retirement; D. provide the Employer with proof of retirement and otherwise meet the definition of retirement as specified by the NYS Retirement System; E. be at least 55 years old or eligible under any voluntary optional plans approved by the County; The payment of the premium shall be as follows: For employees who retire and were hired prior to April 1, 1989: Employee Share County Share 10% 90% For employees who were hired between April 1, 1989 and October 26, 2006, the employee shall pay the percentage contribution they were paying at the time of retirement. For employees hired between October 26, 2006 and December 31, 2010. Employee Share County Share 10 years service but less than 15 years 50% 50% 15 years service but less than 20 years 35% 65% 20 years service or more 20% 80% *All new employees hired on or after January 1, 2011 will be required to serve fifteen (15) years with the County before becoming eligible for retiree health insurance and will contribute thirty- five percent (35%) of the premium with the County contributing sixty-five percent ---PAGE BREAK--- 18 For All Retirees: Upon qualification for Medicare Part B, all retirees must enroll and provide the Medicare Part B required information to the Personnel Department. SECTION 11. The parties agree that a final appeal process for a determination by a Third Party Administrator (TPA) not recognized by the NYS Insurance Department that requested medical services are not medically necessary, experimental or investigational is as follows: Upon exhausting all the TPA appeals and internal reviews, employees may request a final appeal to a review committee made up of the County Legislature Chairman, County Administrator, County Personnel Director, County Attorney, and County Physician. This committee will make its determination based on medical evidence and the medical recommendation of the County Physician, a position appointed by the County Health Board. If the self-insured product provided by the County comes under the auspices of the New York State Insurance Department, employees shall appeal under the rules of the NYS Insurance Department instead of the procedure outlined in paragraph two of this section after exhausting all internal TPA appeals. SECTION 12. Health and Wellness Committee It is agreed that the CSEA Sheriff Department Civilian Employees Unit shall appoint one representative to participate on the joint Health and Wellness Committee. ARTICLE 11 RETIREMENT SECTION 1. The County shall participate in the New York State Employees Retirement System with all the rights and benefits presently provided by the Career Retirement Plan under Section 75(i) of the Retirement and Social Security Law. SECTION 2. In addition to the adoption of 75(i) Plan, the County Legislature shall provide the following options: Section 41(j) (application of unused sick leave as additional service credit upon retirement). Section 41(k) (military service credit buyback). Section 60(d) (Death Benefit of up to three times the employee’s annual rate of pay. The determination is made by the NYS Retirement System in accordance with established criteria.) SECTION 3. The County offers 89(p) as an optional 25-year retirement for eligible employees. ---PAGE BREAK--- 19 SECTION 4. If the New York State Legislature enacts any additional special retirement plan(s) for Correction Officers, Cortland County and CSEA may meet to discuss such plan for its Correction Officers. ARTICLE 12 FAMILY AND MEDICAL LEAVE The County and CSEA agree to abide by provisions and regulations of the Federal Family and Medical Leave Act (FMLA). ARTICLE 13 SICK LEAVE SECTION 1. Each employee shall be permitted to accumulate up to 200 days (1,600 hours) of paid sick leave. This earned sick leave may be applied toward time off due to personal illness, FMLA qualified family sick leave, as defined in Article 15, Family Sick Leave, personal injury, other personal medical disability, and personal medical appointments. Such leave shall be reduced by the appropriate number of hours absent. Sick leave shall accumulate at the rate of eight hours per month. Sick leave may be used in one-quarter (1/4) hour increments. Except as may otherwise be allowed in this Agreement, no credit for sick leave under this rule shall be allowed unless the employee has been on full pay status for more than half the working days of the calendar month. SECTION 2. Employees hired under this Agreement shall receive eight hours of sick leave for the month of hire if the employee starts on or before the 15th day of the month. Employees who start after the 15th day of a month shall not receive sick leave accrual for that month. SECTION 3. An employee who is employed for a full calendar year and who does not use any sick leave during that calendar year (January 1st through December 31st) shall earn an extra eight hours of vacation leave. SECTION 4. At the time of retirement, employees shall use the first 165 unused sick leave days as extra pension credit in accordance with the rules established by the New York State Employees Retirement System. Employees may convert up to 35 unused sick leave days in excess of the 165 on a two-for-one basis not to exceed $1,750 to pay for the employee’s portion of retiree health insurance. SECTION 5. At the time of retirement, a current employee who is eligible to retire under 89(p) with twenty-five (25) years of service who cannot use his/her unused sick time for extra service credit (41j), may convert on a one to one cash equivalent to be applied to the employee’s portion of the health insurance premium not to exceed the value of 600 work hours. Effective January 1, 2015, new employees may convert on a one to one cash equivalent to be applied to the employee’s portion of health insurance premium not to exceed $15,000 as long as at the time of retirement they have a minimum of 125 days accrued sick leave. ---PAGE BREAK--- 20 SECTION 6. Employees who are requesting paid sick leave, in accordance with Article 13 above, shall notify or cause notification to be made to the appropriate supervisor in their division at least one hour before the time specified for the beginning of their workday or as soon as it reasonably possible. Where someone other than the employee has been requested to make the required notification, the employee will be solely responsible for that notification being made. SECTION 7. All employees shall forfeit being paid for a holiday if absence from work due to illness occurs the work shift immediately preceding or following the holiday unless said illness is verified by a medical provider’s certification, if required by the Sheriff or his/her designee. SECTION 8. Any false representation made by the employee in connection with a claim for sick leave benefits shall be determined just cause for discipline. SECTION 9. Any employee absent from work utilizing sick leave for three consecutive scheduled workdays shall furnish a statement of need for absence from a medical provider. SECTION 10. When an employee has used seven equivalent full days, excluding five family sick days, of paid/unpaid sick leave (or other accruals because the employee doesn’t have sick leave) in a calendar year which are not verified by a medical provider’s office or a statement from the family member’s medical provider’s office during the remainder of the calendar year, the employee shall receive a counseling memorandum regarding their attendance. The employee will not be allowed to return to work without a doctor’s note. Leave accruals will be utilized for all absences. Employees who do not have sick leave shall be charged personal leave, floating holiday, and vacation in that order. Subsequent absences shall be as follows with Level 1-3 subject to Article 7, Section 4 only. Level 1 8 days - Letter of Reprimand Level 2 9 days - Three day suspension Level 3 10 days - Ten (10) day suspension More than ten (10) – Penalty subject to Article 7 Discipline and Discharge SECTION 11. Sick and/or Family Sick leave may be used the last regularly scheduled workday preceding or following a holiday if a statement of need from a medical provider is furnished when requested by the Sheriff. SECTION 12. Unless an employee is returning to work without work restrictions – approval to return to work must be granted by the County Administrator, Sheriff, and Personnel Officer. ---PAGE BREAK--- 21 ARTICLE 14 EMERGENCY POOL SECTION 1. The purpose of this Article is to enable County employees to donate paid benefit time to other employees who are confronted with a personal or family emergency. SECTION 2. An employee may donate accrued vacation, compensatory, floating holiday, personal, or sick leave hours to an Employee Emergency Pool by completing and signing a "Donation to the Emergency Pool" form available in the Personnel/Civil Service Office. SECTION 3. The Personnel/Civil Service Officer shall keep track of the total hours available in the pool. SECTION 4. The Committee to administer the pool shall be composed of: • One person appointed by CSEA • Personnel/Civil Service Officer • One person appointed by the New York State Association of Nurses • One person appointed by the Sheriff • Paralegal to the County Attorney • One Department Head • One Legislator appointed by the Chairman of the Legislature • One person appointed by CPAC SECTION 5. The Committee shall develop rules for administration of the pool. SECTION 6. In conformance with the rules, the Personnel Officer is authorized to permit the use of hours in the pool by any current County employee who qualifies and makes a request for such hours based on a personal or family emergency. All decisions of the Personnel Officer shall be final and binding and will not be grievable or arbitrable. ARTICLE 15 FAMILY SICK LEAVE SECTION 1. An employee shall be allowed to use up to a maximum of forty (40) hours of accumulated sick leave per calendar year for absence from work necessitated by illness of the employee's parent (including stepparents and foster parents), spouse, child (including stepchild and foster child), sibling (including stepsibling), grandparent, grandchild, parent-in-law, son/daughter-in-law, or other person who is a member of the household. The Sheriff or his/her designee may request written documentation from the employee to verify residency of other household members. SECTION 2. Family sick leave may be used the last regularly scheduled work shift preceding or following a holiday if a statement of need from a medical provider is furnished. ---PAGE BREAK--- 22 SECTION 3. Any false representation made by the employee in connection with a claim for family sick leave benefits shall be determined just cause for discipline. SECTION 4. Employees may use up to an additional thirty (30) days of sick leave for a family qualifying event which is Family Medical Leave Act qualified. The additional leave is not applicable for an intermittent FMLA request. ARTICLE 16 PERSONAL LEAVE SECTION 1. Each employee shall be entitled to thirty-two (32) hours of paid personal leave per calendar year. Employees who work at least half time but less than full-time will receive prorated personal time in accordance with their regularly scheduled hours per week. Personal leave may be used in one-quarter (1/4) hour increments. Notification of the use of personal leave must be submitted in writing to the Sheriff or his/her designee at least twenty-four (24) hours in advance, except in cases of emergency. SECTION 2. During the first year of hire, personal time shall be prorated as follows: Date of Hire Time Earned 1/01 - 2/14 32 hours 2/15 - 3/31 28 hours 4/01 - 5/14 24 hours 5/15 - 6/30 20 hours 7/01 - 8/14 16 hours 8/15 - 9/30 12 hours 10/01 - 11/14 8 hours 11/15 - 12/31 4 hours SECTION 3. Upon permanent separation from County service, the time allowed for use prior to separation shall be pro-rated as follows: Date of Resignation Total Time Allowed to be Used 1/01 - 2/14 4 hours 2/15 - 3/31 8 hours 4/01 - 5/14 12 hours 5/15 - 6/30 16 hours 7/01 - 8/14 20 hours 8/15 - 9/30 24 hours 10/01 - 11/14 28 hours 11/15 - 12/31 32 hours SECTION 4. Personnel will calculate the amount of personal time that can be used by any employee who starts and leaves within the first calendar year of employment. ---PAGE BREAK--- 23 SECTION 5. Personal leave shall not accumulate from year to year. Any unused personal leave remaining on December 31st of each year shall be applied to an employee's accrued sick leave. ARTICLE 17 EXCESSIVE ABSENTEEISM, TARDINESS, EARLY DEPARTURE, OR ABUSE OF SICK LEAVE SECTION 1. It is understood that excessive absenteeism, excessive tardiness, or excessive early departure constitutes just cause for discipline and it is the intent of the Sheriff to take corrective action. SECTION 2. When an employee is absent without prior approval for a period of five consecutive scheduled work shifts, such absence shall be deemed to constitute a resignation effective on the date of the commencement of such absence. ARTICLE 18 BEREAVEMENT LEAVE SECTION 1. In the event of the death of an employee's or spouse’s parent (including stepparents and foster parents), spouse, child (including stepchild and foster child), sibling (including stepsibling), grandparent, grandchild, or other person who is a member of the household (the Sheriff or his/her designee may request written documentation from the employee to verify residency of other household members), the employee shall be excused from work, if the employee were scheduled to work, with pay, at his/her request, for up to four days. One day of the four may be retained for later interment. SECTION 2. In the event of the death of any relative not outlined in Section 1 of this Article, the employee shall be excused from work at his/her request on the day of the funeral, provided the employee was scheduled to work on the day of the funeral, utilizing accrued personal leave, vacation leave, floating holiday, or compensatory time. For bereavement purposes under this section, bargaining unit members shall not be required to meet prior notice requirements of the utilized accrued leave. In the event of the death of a spouse’s grandparent or brother/sister-in-law, the employee may request to be excused from work at his/her request for up to two additional days, in conjunction with the funeral day, provided the employee was scheduled to work. The employee will utilize accrued personal leave, vacation leave, or floating holiday. For bereavement purposes under this paragraph, bargaining unit members shall not be required to meet prior notice requirements of the utilized accrued leave provided the Sheriff approves the request for time off. The request will not be unreasonably denied and the determination for time off will be on a case-by-case basis in order to ensure safety in the facility. The parties agree to allow the use of up to four days referenced in Section 1 within thirty (30) days of the employee’s receipt of notification of a qualifying death. The requested bereavement days must be used consecutively and cannot be spread out over the 30-day period. Employees may still retain one day for interment. Where special circumstances exist which prohibits use ---PAGE BREAK--- 24 within the 30-day period, a request may be made to the County Personnel Officer for other accommodations. The Personnel Officer shall have sole authority to grant an exception and the decision shall not be subject to the grievance and arbitration procedure. ARTICLE 19 LEAVE OF ABSENCE SECTION 1. The first thirty (30) calendar days of an unpaid leave of absence may be granted at the discretion of the Sheriff. SECTION 2. A leave of absence without pay in excess of thirty (30) calendar days may be granted under Cortland County Civil Service Rule XIX when approved by the Sheriff, the Personnel Officer, and the County Administrator. SECTION 3. A permanent employee who requests an unpaid leave of absence at the time of their child's birth or adoption shall be granted such leave for the time period requested up to a maximum of three months. An extension may be granted in accordance with Section 2 of this Article provided there is a medical necessity of the child or birth mother. SECTION 4. An employee who is granted an unpaid leave of absence shall be required to convert leave without pay into leave with pay by utilizing all applicable leave time (sick, vacation, personal, and floating holiday) to the extent that the employee's leave accrual balances allow. An employee granted a leave of absence without pay may elect to retain up to five vacation days for use upon his/her return from leave. SECTION 5. An employee on an unpaid leave of absence shall not accumulate benefit time or credits toward retirement, nor shall she/he be entitled to be paid bereavement leave, jury leave, military leave, or paid holidays. SECTION 6. An employee on an unpaid leave of absence will continue to receive health insurance benefits, as described in Article 9, for a period not to exceed three months. SECTION 7. An employee on an unpaid leave of absence who has filed for retirement with the New York State Retirement System may continue to receive health insurance benefits prescribed by Article 10 for a period not to exceed six months. SECTION 8. An unpaid leave of absence may be terminated prior to the original expiration date upon agreement of the employee and the Sheriff. SECTION 9. Use of an unpaid leave of absence for purposes other than those for which it was granted shall be deemed a resignation upon the date such leave commenced. SECTION 10. An employee may not take an unpaid leave of absence to accept other employment. Acceptance of other employment while on leave without pay shall be deemed a resignation upon the date of such leave commenced ---PAGE BREAK--- 25 ARTICLE 20 OVERTIME SECTION 1. No time shall be worked in excess of the regular work schedule unless specifically directed or authorized by the Sheriff or his/her designated representative. Any such time worked in excess of the regular workweek schedule shall be compensated for in the following manner: ♦ For all time worked over the basic workweek, regardless of the length of time, employees shall receive paid overtime at one-and-one-half (1 ½) times his/her regular hourly rate. ♦ Lieutenants and Sergeants may be assigned overtime only in the capacity of officer in charge. Effective May 28, 2015, bargaining unit members shall not be allowed to add to their existing comp bank. As soon as practicable following May 28, 2015, comp time banks will be paid out in a separate check. Comp time use requests already submitted as of May 28, 2015, may be withdrawn and resubmitted utilizing other accruals. Compensation shall not be paid more than once for the same hours under any provision of this Contract. SECTION 2. Part-time employees will be paid overtime in accordance with the Fair Labor Standards Act. SECTION 3. Scheduled overtime shall be offered on a voluntary seniority basis (most to least) as defined in Article 27 in the following order: • Full-Time Staff • Part-Time Staff (Bargaining Unit) • Part-Time Staff (Non-Bargaining Unit) • Per Diem Staff If there are no volunteers for the scheduled overtime, mandatory overtime shall be in reverse order of seniority (least to most) the following order: • Full-Time Staff • Part-Time Staff (Non- Bargaining Unit) • Part-Time Staff (Bargaining Unit) ---PAGE BREAK--- 26 A bargaining unit member who is mandated to work a full double shift may not be mandated to work any overtime on the next day. In that event the next junior employee would be mandated. The next required mandate would go back to the most junior officer on duty. Unscheduled or incidental overtime shall be in the same order as above from among employees on duty at the time of need. In the case of specific need the Sheriff or designee may select from those who are qualified to fill the need. ARTICLE 21 OUT OF TITLE WORK SECTION 1. The County and CSEA agree that any employee assigned by the Sheriff or his/her designee to assume the major duties of a higher grade position (excluding those duties that are performed by the higher grade position on an intermittent basis) for a minimum of two consecutive hours in a single workday, unless the necessity of the work as identified by the Sheriff or his/her designee mandates less than a two hour minimum, shall receive the salary of the higher grade level position for the period in which the employee actually assumes the duties of the higher grade level position. SECTION 2. In lieu of out of title pay as described in Section 1 of Article 21, a Correction Officer assigned the duties of Officer in Charge shall receive an additional $3.00 per hour for all hours worked as Officer in Charge. SECTION 3. Holiday pay will be paid at the out of title rate when the employee performs the out of title duties the workday prior to or the workday following the holiday. ARTICLE 22 UNIFORMS SECTION 1. At the signing of this Agreement, or as practicable thereafter, the Sheriff shall provide all Correction Division employees with the uniforms as set forth below. The number of items to be issued to employees who are less than full-time shall be determined by the Sheriff. New bargaining unit members will receive an initial uniform issue and will not be entitled to or receive an uniform/equipment allowance until they have completed twelve (12) months of continuous service. A new bargaining unit member will receive a uniform/equipment allowance in the first January or July following the completion of twelve (12) continuous months. Should the Sheriff change the style or color of the listed uniform items, the Sheriff shall provide these new uniform items to the current employees. Should a uniform be damaged or destroyed in the line of duty, an employee may request the Sheriff replace the item or item(s). For an item to be replaced by the Sheriff, the employee must notify the supervisor in writing by the end of the shift at which the damage occurred, of how and ---PAGE BREAK--- 27 when the damage occurred, and complete the appropriate form requesting a replacement or replacements of the damaged or destroyed item or items. Selection of the uniform style, color, and method of payment shall be at the discretion of the Sheriff and shall not be grievable or arbitrable. However, the Sheriff and Union shall jointly agree to the place of purchase. Correction Staff 1 - Long sleeve shirts (with patches inc. rank) 6 - Short sleeve shirts (with patches inc. rank) 5 - Pair of uniform pants (one with stripe) 1 - short sleeve casual shirt (with patches inc. rank) 1 - casual pant 1 - Black leather uniform belt 1 - Tie 1 - Tie clip 1 - Uniform badges 1 - Jacket with appropriate patches 2 - Collar brass 1 - Name badges 1 - Pair of shoes 1 - Sweater 1 - Baseball cap (with patch) 1 - Stetson (with strap) Lieutenants and Captain will receive the same as above with the exception of the following items: 3 - short sleeve shirts (with patches inc. rank) 3 - long sleeve shirts (with patches inc. rank) 1 - patrol cap (with badge) SECTION 2. Transporting Prisoners The Sheriff shall provide the following equipment to the certified transport team. 1 - Fitted Serviceable Bullet-Proof vest 1 - Duty weapon/holster/belt 1 - Basket Weave Leather Belt and Holster 1 - Leather Pepper Spray Holder 1 - Leather Handcuff Case 4 - Leather Keepers 1 - Pair Handcuffs 1 - Magazine Pouch ---PAGE BREAK--- 28 The County shall provide the initial issue and department upgrades of all items to the certified transport team. The County shall provide initial issue to the 2011 transport team with the exception of Officers Traphagen, Glover, Walker, and Keelhar. The excluded officers shall be held harmless for the items purchased individually and the County shall provide a one time replacement of items purchased if unserviceable. Care of Equipment: The cleaning and maintenance of the bulletproof vest and duty rig is the responsibility of the member. The Correction Lieutenant will inspect the bulletproof vest and duty rig annually and at the end of its useful life as described by the manufacturer for excessive wear or damage. If the vest or duty rig becomes damaged from misuse before the end of its useful life, as described by the manufacturer, the employee will replace it at his/her cost. At the end of the useful life described by the manufacturer, the bulletproof vest and duty rig shall be replaced at no cost to the employee. SECTION 3. All eligible bargaining unit members shall receive an annual uniform/equipment allowance of $1,000 payable by the end of January of each year. A 1099 will be issued each January. SECTION 4. Employees who have not been employed for the full prior fiscal year or who have been on unpaid leave or who have been receiving 207-c or Workers’ Compensation benefits or who is less than full-time will have the uniform replacement allotment prorated. SECTION 5. All employees who are provided with uniforms, as set forth above, are required to wear these uniforms and report to work with them being clean and neat in appearance unless this requirement is expressly waived in writing by the Sheriff. SECTION 6. Uniforms and equipment provided by the Sheriff shall be used by employees only in performing their official duties in the service of the Sheriff’s Department. Any other use not specifically authorized by the Sheriff in writing shall be subject to disciplinary action. SECTION 7. All originally issued items, as provided above, remain the property of the County and are only to be used in accordance with departmental work rules. Upon separation, all items, other than those worn out through normal use, must be returned (or paid for) by the employee before his/her final paycheck will be issued. SECTION 8. Any employee who is permanently separated from employment with the Sheriff’s Department within one year of appointment shall forfeit payment for accrued vacation to compensate the Sheriff for the cost of his/her uniform. ---PAGE BREAK--- 29 ARTICLE 23 MEAL ALLOWANCE SECTION 1. The Sheriff shall provide the meal, as prepared by the Jail Kitchen, to Jail personnel who are working while the Jail Kitchen is open. SECTION 2. Any transport or medical assignment outside the jail where meals are not provided by the Sheriff, the assigned employees will be compensated up to $10.00 per eight hour shift upon submission of properly signed receipts. ARTICLE 24 TRAVEL ALLOWANCE In order to be reimbursed for travel and travel-related expenses, an employee must have prior approval in accordance with County policy for said travel. SECTION 1. Transportation Expense Allowance A. Travel shall be conducted in the most economical mode of transportation. When public transportation including air, train, or bus will be used, it should be demonstrated that this form of transportation would be more economical in terms of money and/or time than travel by automobile. Taxes on public transportation tickets will not be reimbursed. Employees will be reimbursed the cost of public transportation incurred when supported by the proper receipt. B. The mileage reimbursement rate in accordance with Article 30 will be allowed for the driver of the vehicle only regardless of the number of employees traveling in the same vehicle on the same trip. To maximize savings to the County, employees traveling to the same destination shall car pool whenever possible. C. Automobile repair or towing expenses for personal automobiles when used for travel on County business are not reimbursable. D. Tolls and parking expenses will be reimbursed at actual cost incurred by the employee when supported by proper receipt. Traffic or parking violation tickets are the responsibility of the individual charged with the violation(s) with the exception of violation(s) arising out of deficiency in automobiles owned by the County. SECTION 2. Meal Allowance A. The County will pay up to a total of $32.00 per day for meals during travel outside of Cortland County. To be eligible for full meal reimbursement, travel must have commenced prior to 7:00 a.m. and must have extended past 7:00 p.m. If the duration of ---PAGE BREAK--- 30 the travel is less than a full day, the reimbursement maximum will be on a per-meal basis as follows: Breakfast - $ 7.00 Lunch - $10.00 Dinner - $15.00 To be eligible for breakfast, travel must have commenced prior to 7:00 a.m.; to be eligible for dinner, travel must have extended beyond 7:00 p.m. B. Meal expenses will be reimbursed at the actual cost incurred by the employee (within the limits set forth in Article 29, Section 2.A) when supported by the proper receipt. When approved, the County will pay the lesser of the actual expenses incurred to the established maximum allowance. No charges for alcohol beverages will be reimbursed. C. Gratuity, not to exceed 15%, will be allowed in addition to the meal allowance set forth in Article 24, Section 2.A., when supported by the proper receipt. D. Costs for meals held in conjunction with conferences that are not covered by conference fees that exceed the guidelines set forth in Article 24, Section 2.A., will be reimbursed at the actual cost when supported by the proper receipt. E. Employees traveling to major metropolitan areas (cities of over 200,000 as defined by the New York State Economic Development web site) shall be reimbursed up to 1.5 times the meal allowance, according to Article 24, Section 2.A., when supported by the proper receipt. SECTION 3. Lodging Allowance A. Lodging accommodations shall be arranged in the most reasonable and economical manner. An itemized bill must accompany request for reimbursement. B. Taxes (excluding local taxes, e.g. bed, occupancy, etc.) on lodging in New York State are not reimbursable. Employees shall obtain and present the tax exemption letter. ARTICLE 25 ATTENDANCE IN COURT AND JURY DUTY SECTION 1. Any employee called for jury duty or who is subpoenaed by any legislative, judicial, or administrative tribunal in connection with his/her County employment shall be allowed time away from work with pay for such purposes. Upon receiving the sum paid for jury service or witness fee, the employee shall submit the warrant, or its equivalent, to the Sheriff for transfer to the County Treasurer. An employee may, however, elect to fulfill such call or subpoena on accrued time, other than sick, and retain the full amount received for such service. ---PAGE BREAK--- 31 SECTION 2. An employee who has been summoned to serve as a trial or grand juror in a non work-related capacity shall provide a copy of such summons to the Sheriff for notification of absence. It shall be the responsibility of the Sheriff to forward the summons to the Personnel Office. An employee shall receive his/her regular hourly rate of pay for times of jury duty service when the employee was scheduled to work. The employee will notify the court of the fact that he/she is receiving his/her wages for the times of service. Employees are entitled to retain mileage and meal allowances paid by the court. An employee who is dismissed for the day or from service within the County within two hours or more remaining in his/her regular scheduled workday is required to report to work. When an employee is dismissed for the day or from service outside the County (three and one- half (3½) hours or more remaining on shift including return travel), the employee may return to work or notify master control that he/she will be utilizing leave accruals for the remainder of the day. SECTION 3. A shift employee who is granted leave for jury duty shall have his/her shift changed to the normal day shift for the duration of the jury duty. A shift employee shall not be required to report to work in the eight hours immediately preceding reporting for jury duty. ARTICLE 26 MILITARY LEAVE Military leave shall be granted in accordance with the applicable laws. ARTICLE 27 SENIORITY Seniority shall be defined as the last date of appointment to a regular schedule within the Correction Division except where otherwise provided by this Agreement or Civil Service Law (e.g. layoff, reinstatement, veteran status, etc.). Seniority for the purposes of shift preference assignment consideration, as referenced in Article 5, and vacation scheduling, as referenced in Article 9, shall be defined as the last date of appointment to a regular schedule in title (time in title) within the Correction Division. Seniority, as referenced in Article 45 – Wages, shall be defined as time in service for placement in the wage structure only. ---PAGE BREAK--- 32 ARTICLE 28 VACANCIES SECTION 1. Competitive Class Vacancies in the competitive class shall be filled pursuant to Civil Service Law and Rules. Transfers or reassignments will be in accordance with Rule I of the Cortland County Civil Service Rules. Notice of each competitive job vacancy for which no mandated eligible list exists and/or when the last filing date for the next examination has passed will be posted on a designated bulletin board in the Sheriff's Department for a period of not less than five days. Said posting(s) shall specify the position title, salary, and required minimum qualifications. SECTION 2. Civil Service Examination Fees County employees taking civil service examinations for Cortland County positions shall pay only the fee assessed the County by the New York State Municipal Service Division. SECTION 3. Non-Competitive Class Vacancies in the non-competitive classes shall be filled as follows: A. Notice of each permanent vacancy shall be posted on a designated bulletin board in the Sheriff's Department for a period of not less than five days. Said posting(s) shall specify the position title, salary, and required minimum qualifications. Those applications of employees received before the close of business on the fifth (5th) day will be given first consideration. Applications will continue to be accepted until the position is filled. B. Eligibility for appointment shall be determined by an applicant's experience and other qualifications to perform the duties of the position, as demonstrated in his/her application, selection interview, and such practical tests of ability and fitness as the Sheriff may administer. As between applicants who are current Cortland County employees with substantially equal qualifications, department seniority shall prevail. C. When the minimum qualifications set forth in Article 28, Section 3.B are substantially equal, seniority will prevail. SECTION 4. Copies of all job postings in accordance with Section 1 and Section 3.A of Article 28 and competitive class exam announcements shall be provided to the CSEA Unit President at the time of announcement or posting. SECTION 5. It shall be the policy of the County to fill non-competitive class vacancies by the promotion of qualified employees whenever reasonably possible. SECTION 6. Non-competitive class employees may request a voluntary demotion to a current vacancy. All applicants shall meet the minimum qualifications for the position/vacancy. ---PAGE BREAK--- 33 Demotion shall mean a job in a lower salary grade. Section 3 of Article 28 will not apply to this section. SECTION 7. Non-competitive class employees may request consideration for transfer or reassignment for a vacancy as defined below. A. Transfer - means the change of a permanent non-competitive class employee from a position under the jurisdiction of one appointing authority to a similar position under the jurisdiction of another appointing authority. B. Reassignment - means the change of a permanent non-competitive class employee from one position to another similar position under the jurisdiction of the same appointing authority. ARTICLE 29 LAYOFF/REDUCTION IN FORCE SECTION 1. Layoff or Reduction in Force in the Competitive Class A. When layoffs or reductions in force are necessary, the layoff and recall of competitive class employees shall be governed by Civil Service Law Section 80 and Civil Service Rule XXV. B. After exhausting all options in Article 29 Section 1.A., competitive class employees within a division in the Sheriff's Department who were promoted from a non-competitive position and who had permanent status in the non-competitive class shall have the right to retreat in accordance with Article 29, Section 2 to the previous job title and/or direct line title in which she/he had permanent status provided she/he meets the minimum qualifications on the job description and has the ability to perform the work of that job immediately and provided the lower job title is vacant or the incumbent has less correction division seniority. SECTION 2. Layoff/Reduction in Force in the Non-Competitive Class When layoffs or reductions in force are necessary, employees in a non-competitive class within the correction division of the Sheriff's Department will be laid off and recalled in the manner outlined below. A. Layoffs within each title will be conducted in the following order: i. non bargaining unit employees; then ii. part-time employees, who are probationary, then iii. part-time employees who are permanent; then iv. full-time employees who are probationary. ---PAGE BREAK--- 34 B. If further layoffs are necessary after employees defined in Article 29, Section 2.A are laid off then permanent employees within a job title in the correction division of the Sheriff's Department shall be laid off in accordance with the correction division seniority. The employee being laid off shall have the right to displace the junior employee in the same or lower labor grade within the division who has the least seniority provided the employee involved meets the minimum qualifications on the job description and has the ability to perform the work of that job immediately. C. The recall of employees shall be in the inverse order of layoff per Article 29, Section 2. D. Division seniority will be the last date appointed or hired in the Correction Division. E. Veterans Status in the Non-Competitive and Labor Class For Purposes of Layoff: Non- Competitive and Labor Class employees who meet the criteria of being a non-disabled war veteran, as defined by Section 85 of the Civil Service Law, who are permanent and past probation shall have their seniority date back-dated by thirty (30) months. Non- Competitive and Labor Class employees who meet the criteria of being a disabled war veteran, as defined by Section 85 of the Civil Service Law, who are permanent and past probation shall have their seniority date back-dated by sixty (60) months. ARTICLE 30 MILEAGE Employees required to use personal motor vehicles for official County business shall be reimbursed at the rate prescribed by the Internal Revenue Service. ARTICLE 31 LABOR/MANAGEMENT COMMITTEE SECTION 1. Meetings between the Sheriff or his/her designee, the Personnel Officer, up to three representatives of Management, up to three representatives of CSEA, and the Labor Relations Specialist shall be held for the purpose of providing communication and discussion for attempted resolution of employment situations between employees and management. SECTION 2. Upon agreement between Management and CSEA, additional representatives may be invited to Labor/Management meetings when their attendance would be beneficial to the situation or topic of discussion at a meeting. SECTION 3. The first Labor/Management meeting will be held within thirty days after the execution of the Agreement and at three month intervals thereafter. SECTION 4. Positive results of the Labor/Management meetings will be made effective by an amendment of the applicable rules and regulations and/or personnel manuals or other administrative directive. ---PAGE BREAK--- 35 ARTICLE 32 PERSONNEL FILES SECTION 1. Personnel Files The County shall keep a central personnel file in the Personnel/Civil Service Office. Supervisors may keep working files, but material not maintained in the personnel file may not provide the basis for discipline against an employee. SECTION 2. Inspection Upon written request, an employee may inspect his/her personnel file subject to the following: A. Inspection shall occur during non-working hours, including meal and rest periods, at a time and in a manner mutually acceptable to the employee and the County. Upon request, an employee may have a representative present during such inspection. B. Copies of materials in an employee's personnel file shall be provided to the employee upon request. The employee shall bear the cost of duplication. C. Pre-employment information (e.g. reference checks and responses, medical information, or information provided the County with the specific request that it remain confidential) shall not be subject to inspection or copying. SECTION 3. Notification Employees will be notified when any disciplinary written warning or counseling memo is placed in their personnel file. SECTION 4. Employee Response If an employee wishes to respond in writing to an item placed in his/her personnel file in accordance with Section 3 of Article 32, she/he must do so within ten (10) working days of receipt of notification provided in Article 32, Section 3. ARTICLE 33 MEDICAL EXAMINATIONS SECTION 1. Should the Sheriff require an employee to have a medical examination, the County will be responsible for the expense of that examination as well as any medical expenses directly related to said examination. Further diagnosis and treatment will be borne by the employee. SECTION 2. The Sheriff shall designate the time and place of the examination. ---PAGE BREAK--- 36 ARTICLE 34 WORKERS' COMPENSATION SECTION 1. The County shall provide Workers' Compensation Insurance in compliance with the New York State Workers' Compensation Law. Leave accruals shall be earned while the employee is utilizing leave credits during the mandatory waiting period and/or the period of Board determination in instances of controversial cases. Upon receipt of monetary Workers’ Compensation award and no longer on the County payroll, the employee shall not accrue leave credits. SECTION 2. An employee may elect to use sick leave, personal or annual leave during the mandatory waiting period and/or the period of Board determination in instances of controversial cases. Individuals are required to indicate their intentions, in writing, at the time she/he is claiming to be paid leave, file all required paperwork, and assigns their workers' compensation entitled to the County. There will be no changes made once the employee has chosen an elective. The employee may not utilize sick, personal, or annual leave while receiving payment from a Workers’ Compensation claim. Where an employee is awarded Workers’ Compensation, the County shall credit the employee's utilized leave accruals: a. equal to the settlement amount divided by the employee's hourly rate at the time of the Workers' Compensation claim; and b. upon reimbursement to the County by the Workers' Compensation Board. ARTICLE 35 EDUCATION AND TRAINING BENEFITS SECTION 1. The Sheriff is committed to the principles of continuing education. A. After an employee has completed two years of continuous permanent employment with the County, the employee will be eligible for educational benefits. The County will reimburse 100% of the Four-year State University of New York rate for tuition, unless the actual tuition is less, incurred by the employee. A course must be completed with a grade or better for the employee to receive reimbursement. Said course(s), which shall not exceed one per semester, must be approved in advance of registration by Sheriff and the appropriate Legislative Committee Chairman. B. Courses conducted by certified educational institutions shall be considered job-related for the purpose of this Article if they are expected to improve an employee's capability to perform his/her present regular work assignment. Basic skills such as "English" to improve writing skills or "General Math" to improve business math or arithmetic will be accepted when work related. ---PAGE BREAK--- 37 Courses conducted by certified educational institutions shall be considered as job advancement courses if they are directly related to reasonable preparation for advancement to an attainable job title currently within County employment. C. Employees taking job advancement course(s) must file the application for such course(s), approved by the Sheriff, with the Personnel Department. The Personnel Department will obtain the approval of the appropriate Legislative Committee Chairman and will place the employee's name on a job advancement course list according to the date the application is received in the Personnel Department. The Legislature reserves the right to limit, yearly, the number of employees allowed to take courses under this Section. If more employees apply for job-advancement courses than the limit set by the Legislature, lot will decide the recipients of the benefit. Employees who are not chosen in the lottery may not appeal according to Article 35, Section 1.E. D. An employee denied the opportunity to attend a certified educational institution for the purpose of taking courses, as defined in Article 35, Section 1.A and/or 1.B, at the expense of the County shall be provided a denial in writing from the Sheriff. E. Upon notification of denial, as set forth in Section 1.D of Article 35, the employee shall have the opportunity to appeal the decision to the Tuition Review Committee by writing to the chairman of the Tuition Review Committee. The Tuition Review Committee shall consist of two individuals appointed by the Chairman of the Legislature, two individuals appointed by CSEA, and one mutually agreed upon neutral third party member who will serve as committee chairman. The Tuition Review Committee shall schedule a meeting within seven working days of receipt of the appeal from the employee. The Committee's review shall include an opportunity for the employee and the Sheriff and/or the Legislative Committee Chairman to address the Committee and explain the rationale. The Committee shall vote to maintain the denial or overturn the decision and approve the course(s). The Committee's decision shall be rendered in writing to the employee and the Sheriff. The Committee's decision shall be final and binding and will not be grievable or arbitrable. F. An employee who resigns from County employment, excluding for reasons of disability, death, or an event beyond the control of the employee, and has received tuition reimbursement shall be required to refund the County according to the following schedule: # of Months Since % Refund Course Completion Due the County 0 - 12 100 13 - 24 50 25 - 36 25 ---PAGE BREAK--- 38 In the event an employee fails to make such refund by the resignation date, the employee shall forfeit payment of accrued vacation and compensatory time not to exceed monies owed. Any remaining balance shall be deducted from the employee's final paycheck. SECTION 2. The Sheriff is committed to providing training as deemed necessary and shall schedule required and In-Service training. If an employee resigns within three years of completing the academy or within three years of transfer, excluding for reasons of disability, death, or an event beyond the control of the employee, accrued vacation shall be deducted in accordance with the following schedule: Service time after completing Days of refund academy training due County 6 mos. – 1 year 7 days 1 yr. 1 mo. – 2 years 6 days 2 yrs. 1 mo. – 3 years 5 days In the event the employee does not have sufficient accrued vacation to refund the County, compensatory time earned, floating holiday time, and pay for days worked will be utilized to fulfill the refund obligation. The remaining balance exceeding accrued vacation amount shall be deducted from the employee’s final paycheck. ARTICLE 36 OUTSIDE EMPLOYMENT SECTION 1. Any employee of the Sheriff’s Department covered by this Agreement may work for any other employer outside the employee’s regular hours of duty provided that the employee completes a notice of secondary employment to be filed with the Sheriff seven calendar days prior to starting the secondary employment. The work shall not interfere or conflict with the employee’s regular duties as an employee of the Sheriff’s Department or availability for emergency duty and does not impair or affect the ability of the employee to perform such duties effectively. No employee of the department may use any Sheriff’s Department issued equipment, uniform, or other property thereof while employed in any capacity outside the Cortland County Sheriff’s Department without prior written approval of the Sheriff. SECTION 2. Prior to accepting or engaging in such outside employment, the employee shall notify the Sheriff of his/her intent in writing. The Sheriff shall issue approval/disapproval in writing within a reasonable period of time, but no longer than seven workdays from the employee’s request for approval. The Sheriff’s decision shall be subject to discussion at Labor Management but is not grievable or arbitrable. SECTION 3. Any statutory prohibitions regarding secondary employment shall be applicable. Employment in a capacity as a law enforcement officer shall require prior written approval of the Sheriff. ---PAGE BREAK--- 39 ARTICLE 37 DOMICILE Failure to comply with Local Law 2 for 2005 regarding residency in Cortland or contiguous counties shall subject employees to disciplinary action up to and including termination. ARTICLE 38 EQUAL OPPORTUNITY DECLARATION The County and CSEA affirm a full commitment to equal opportunity and will not discriminate on the basis of race, color, religion, national origin, sex, age, disability, sexual orientation, marital status, or any other basis prohibited by law. ARTICLE 39 BENEFITS FOR PART-TIME EMPLOYEES SECTION 1. Bargaining unit members who are hired to work 15 or more hours but less than 20 hours per week shall receive all negotiated benefits of this Agreement with the exception of Sick Leave, Vacation Leave, Personal Leave, Holidays, and Uniform Allowance. SECTION 2. Bargaining unit members who are hired to work 20 or more hours but less than full-time hours will receive a pro-rated portion of benefits for Sick Leave, Holidays, Vacation Leave, Personal Leave, Uniform Allowance, and Bereavement Leave. ARTICLE 40 REALLOCATION SECTION 1. Reallocations will be in accordance with Civil Service Law and Cortland County Civil Service Rules. SECTION 2. The CSEA Unit President shall be notified in writing of any proposed reallocations. The County shall meet and discuss said reallocations with appropriate representatives of the Union. SECTION 3. Decisions made by the County Legislature concerning the reallocation of positions shall be final and binding and shall not be grievable or arbitrable. ARTICLE 41 SAFETY In order to have a safe place to work, the County agrees to comply with all laws applicable to its operations concerning the safety of employees covered by this Agreement. All such employees shall comply with all safety rules and regulations established by the County, State, and Federal laws. ---PAGE BREAK--- 40 ARTICLE 42 BENEFITS UNDER SECTION 207C OF THE GENERAL MUNICIPAL LAW SECTION 1. The County and CSEA agree to abide by the provisions and regulations of Section 207(c) of the General Municipal Law and Cortland County Local Law 3 of 1986. While receiving 207(c) benefits, employees shall not receive benefits (e.g. holidays, vacation, personal leave, sick leave, funeral leave, etc.). Uniform allowance shall be prorated for the period receiving 207(c) benefits. If an employee had health insurance coverage according to Article 10, they shall be allowed to continue health insurance benefits in accordance with the provisions of Article 10. SECTION 2. Any other payroll deductions authorized by the employee shall continue unless otherwise directed in writing by the employee. ARTICLE 43 CORTLAND COUNTY DRUG AND ALCOHOL TESTING The Mandatory Substance Abuse Policy contained in Appendix C shall become effective July 1, 2007. ARTICLE 44 COMPLETE/DURATION OF AGREEMENT SECTION 1. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from, or modified only through the voluntary mutual consent of the parties in a written amendment to this Agreement. SECTION 2. This Agreement shall become effective on January 1, 2015 and shall remain in full force and effect through the close of business on December 31, 2019. This Agreement shall be implemented in the normal course of County business. SECTION 3. This Agreement shall be subject to all Federal, State, and Local laws and should any provision of the Agreement be declared unlawful by any court of competent jurisdiction, only said portion of the Agreement will be declared null and void and the remainder of the Agreement shall remain in full force and effect. The parties agree that they shall meet for the purpose of renegotiating the portion(s) of the Agreement that is declared null and void. ---PAGE BREAK--- 41 ARTICLE 45 WAGES SECTION 1. Wages A. Salary increases for January 1, 2015 through December 31, 2019 shall be applied to Appendix B as listed below. Steps shall be two year steps with 4% between steps unless specified otherwise in Appendix B. January 1, 2015 1.50% (Retro checks will be paid in a separate check.) January 1, 2016 1.50% January 1, 2017 1.50% January 1, 2018 1.50% January 1, 2019 1.75% B. Effective January 1, 2016, a new step 10 shall be implemented that is 2% above Step 9. Employees shall move to this step at the beginning of their 20th year of service. Effective January 1, 2019, Step 10 shall be increased SECTION 2. New employees with appropriate experience may be hired at Step 2 or Step 3 for the appropriate title at the discretion of the Personnel Officer. The Personnel Officer shall meet with the Unit President and the Sheriff to discuss step placement. Employees will be credited with the appropriate years of seniority, not to exceed three years, for wage purposes only. SECTION 3. Employees shall move from Step 1 to Step 2 in the pay period immediately following passing probation, except for employees who are hired under Section 2 of this Article. Employees not at Step 10 for the grade shall move to the next step upon the completion of requisite years of service on their anniversary date. No employee may exceed the job rate of the grade. SECTION 4. Promotions A. A promotion means movement to a higher salary grade position. B. An employee who is promoted shall be moved to the salary appropriate to their years of service. No one shall exceed the top of the range for the new grade. SECTION 5. Demotions A. A demotion means movement to a lower salary grade position either voluntarily or as a result of disciplinary action. B. An employee who is demoted shall be moved to the salary appropriate to their years of service with the County. ---PAGE BREAK--- 42 SECTION 6. Employees shall be paid on a bi-weekly basis on Fridays, unless prohibited by holiday or emergency. ARTICLE 46 AGREEMENT DISTRIBUTION SECTION 1. This Agreement shall be printed by the County for distribution to all employees. SECTION 2. New employees shall be given a copy of this Agreement during the employee’s orientation conducted within five working days from the original effective date of employment. SECTION 3. The County and CSEA agree that the costs of printing and distributing this Agreement shall be shared equally. IN ACCORDANCE WITH SECTION 204A OF THE CIVIL SERVICE LAW, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT THE IMPLEMENTATION BY AMENDMENT OF LAW, OR BY PROVIDING ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL For the County For the CSEA Donnell Boyden, Chairman Will Streeter, Labor Relations Specialist Annette Barber, Personnel Officer Nick Unit President Lee Price, Sheriff Kris Keelhar, Unit Vice President Laurie Gosse, Deputy Personnel Director Angela Cavanagh, Unit Secretary/Treasurer Gordon Wheelock, Legislator George Wagner, Legislator Dated: ---PAGE BREAK--- 43 APPENDIX A GRADE AND TITLE ♦ Correction Officer ♦ Correction Corporal ♦ Correction Sergeant ♦ Correction Lieutenant ♦ Correction Captain Grade 1 Grade 2 Grade 3 Grade 4 Officer Sergeant Lieutenant Captain ---PAGE BREAK--- 44 APPENDIX B WAGE SCHEDULE 2015 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Completion of Probation Year 2 Year 4 Year 6 Year 8 Year 10 Year 12 Year 14 Year 16 1 16.5794 18.4216 22.1059 22.9901 23.9097 24.8661 25.8608 26.8952 27.9710 2 21.4034 25.6840 26.7114 27.7798 28.8910 30.0467 31.2485 32.4985 3 23.2340 27.8808 28.9960 30.1559 31.3621 32.6166 33.9213 35.2781 4 24.6279 29.5535 30.7357 31.9651 33.2437 34.5734 35.9564 37.3946 2016 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Completion of Probation Year 2 Year 4 Year 6 Year 8 Year 10 Year 12 Year 14 Year 16 Year 19 1 16.8281 18.6979 22.4375 23.3350 24.2684 25.2391 26.2487 27.2986 28.3906 28.9584 2 21.7244 26.0693 27.1121 28.1965 29.3244 30.4974 31.7173 32.9860 33.6457 3 23.5825 28.2990 29.4310 30.6082 31.8325 33.1058 34.4301 35.8073 36.5234 4 24.9974 29.9968 31.1967 32.4446 33.7424 35.0920 36.4957 37.9556 38.7147 2017 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Completion of Probation Year 2 Year 4 Year 6 Year 8 Year 10 Year 12 Year 14 Year 16 Year 19 1 17.0805 18.9784 22.7741 23.6850 24.6324 25.6177 26.6424 27.7081 28.8164 29.3928 2 . 22.0503 26.4603 27.5187 28.6195 29.7643 30.9548 32.1930 33.4807 34.1504 3 . 23.9362 28.7235 29.8724 31.0673 32.3100 33.6024 34.9465 36.3444 37.0713 4 . 25.3723 30.4468 31.6647 32.9312 34.2485 35.6184 37.0432 38.5249 39.2954 ---PAGE BREAK--- 45 APPENDIX B WAGE SCHEDULE 2018 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Completion of Probation Year 2 Year 4 Year 6 Year 8 Year 10 Year 12 Year 14 Year 16 Year 19 1 17.3368 19.2631 23.1157 24.0403 25.0019 26.0020 27.0421 28.1237 29.2487 29.8337 2 22.3810 26.8572 27.9315 29.0488 30.2107 31.4192 32.6759 33.9830 34.6626 3 24.2953 29.1543 30.3205 31.5333 32.7947 34.1065 35.4707 36.8895 37.6273 4 25.7529 30.9035 32.1396 33.4252 34.7622 36.1527 37.5988 39.1028 39.8848 2019 Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Completion of Probation Year 2 Year 4 Year 6 Year 8 Year 10 Year 12 Year 14 Year 16 Year 19 1 17.6401 19.6002 23.5202 24.4610 25.4394 26.4570 27.5153 28.6159 29.7605 30.6534 2 22.7727 27.3272 28.4203 29.5571 30.7394 31.9690 33.2478 34.5777 35.6150 3 24.7205 29.6645 30.8511 32.0852 33.3686 34.7033 36.0915 37.5351 38.6612 4 26.2036 31.4443 32.7021 34.0101 35.3706 36.7854 38.2568 39.7871 40.9807 ---PAGE BREAK--- 46 APPENDIX C MANDATORY SUBSTANCE ABUSE TESTING POLICY This policy is based upon the County's practice and policy prohibiting the use of or being under the influence of alcohol and/or drugs while working. The Cortland County will assist employees who have a drug or alcohol dependency to recover from such addiction provided the employee seeks and accepts assistance. However, the County may take appropriate formal disciplinary action, in accordance with this policy. It is important to emphasize that employees with drug and /or alcohol problems, who wish to avail themselves of rehabilitative services under the health insurance or any other rehabilitation program, should pursue help before they are determined to be in violation of the County's Drug-Free Workplace Policy. All employees within the unit will be subject to random drug and alcohol testing. In addition, the County shall have the authority to compel a drug or alcohol test under reasonable suspicion. SECTION 1. Prohibited Alcohol and Controlled Substance-Related Conduct The following alcohol and controlled substance-related activities are prohibited: - Reporting for duty or remaining on duty to perform safety sensitive functions while having an alcohol concentration of 0.02 or greater. - Being on duty while in the possession of alcohol or a controlled substance for which the employee does not have a prescription. - Using alcohol or a controlled substance for which the employee does not have a prescription while on duty. - Refusing to submit to an alcohol or controlled substance test required by random, reasonable suspicion or follow-up testing requirements. - Reporting for duty or remaining on duty when the employee uses any controlled substance or labeled restricted prescription medication will notify the Sheriff or Personnel Officer for approval to work. Upon approval the employee may keep this medication in his/her locker for use during their tour of duty. The approval to work shall not be unduly withheld and shall not be made arbitrarily or capriciously. SECTION 2. Types of Testing The following are types of tests required to be performed: - Post Accident Testing (Reasonable Suspicion Only)* - Random Testing ---PAGE BREAK--- 47 - Reasonable Suspicion Testing - Return-to-Duty Testing - Follow-up testing Controlled substances tests will follow split sample procedures. Under this provision, an employee whose urine has tested positive for a controlled substance has the option (within 72 hours of being notified by the MRO) of having the other portion of the split sample tested at another laboratory. If the second portion of the sample also tests positive, then the employee is subject to sanctions contained in the regulations. If the second portion produces a negative result, or for any reason the second portion is not available, the test is considered negative and no sanctions are imposed. SECTION 3. Reasonable Suspicion Alcohol and Controlled Substances Testing An employee must submit to an alcohol or controlled substance test when the employer has reasonable suspicion to believe the employee has violated the alcohol or controlled substances prohibitions. *Reasonable Suspicion - Belief that the employee has violated the alcohol and controlled substances prohibitions based on specific, contemporaneous, articulate observations concerning the appearance, behavior, speech, or body odors of the employee. This includes post accident reasonable suspicion testing within two hours of the accident when actually operating a County vehicle. Supervisor Training - The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or County official who is trained in accordance with the following requirements: A. Employers must ensure persons designated to determine whether reasonable suspicion exists to require an employee to undergo alcohol or controlled substances testing receive: at least thirty (30) minutes of training on alcohol misuse and at least sixty (60) minutes of training on controlled substances use. B. The training shall cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and the use of controlled substances. C. The training shall be a total of ninety (90) minutes. Alcohol - Alcohol testing is authorized only if the observations are made during, just before, or just after the period of the workday the employee is required to be in compliance. ---PAGE BREAK--- 48 If a reasonable suspicion alcohol test is not administered within two hours following the observation, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not administered In addition, if not administered within eight hours, the employer shall cease attempts to administer the test and shall prepare and maintain the record listed above. Only one supervisor is required to make the observations necessary to require the controlled substance or alcohol test. The supervisor who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test, in order to preserve protection for the employees. Records - A written record shall be made of the observations leading to an alcohol and/or controlled substances test, and signed by the supervisor who made the observations. NOTE: The mere possession of alcohol does not constitute a need for reasonable suspicion testing, which must be based on observations concerning the employee's appearance, behavior, speech, or body odor. SECTION 4. Random Alcohol Testing Random alcohol testing shall be conducted in accordance with the following requirements: - Random alcohol testing shall be administered at a minimum annual rate of 25 percent (25%) of the average number of employee positions. - The employer shall ensure that random alcohol tests are unannounced and spread reasonably throughout the calendar year. - The employer shall ensure that employees selected for random alcohol tests proceed immediately to the testing site upon notification of being selected. - In the event an employee selected for a random alcohol test is on vacation or an extended medical absence, the employer may select another employee for testing as selected by the MRO. SECTION 5. Random Controlled Substances Testing Random controlled substances testing shall be conducted in accordance with the following requirements: - Employer must use a scientifically valid method, such as a random number table that is matched with the employee's social security number. - Random controlled substances testing shall be administered at a minimum annual rate of 25 percent (25%) of the average number of employee positions. ---PAGE BREAK--- 49 - The employer shall ensure that random controlled substances tests are unannounced and spread reasonably throughout the calendar year. - The employer shall ensure that employees selected for random controlled substances tests proceed immediately to the testing site upon notification of being selected. SECTION 6. Refusal to be Tested Refusal to submit (to an alcohol or controlled substance test) - An employee: 1. fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; 2. fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; or 3. engages in conduct that clearly obstructs the testing process An employee who refuses to take either a controlled substance or alcohol test will be subject to disciplinary action up to and including termination. SECTION 7. Return-to-Duty Testing The County shall ensure that before an employee returns to duty after engaging in prohibited conduct regarding alcohol or substance abuse, the employee shall undergo a return-to-duty alcohol or substance abuse test indicating a breath alcohol concentration of less than 0.02 and no presence of a controlled substance. In the event a return-to-duty test is required, the employee must also be evaluated by a substance abuse professional (SAP) and participate in any assistance program prescribed. SECTION 8. Follow-up Testing Following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or of controlled substances, the County shall ensure that the employee is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the substance abuse professional. The employee shall be subject to a minimum of six follow-up controlled substance and/or alcohol tests in the first six months. ---PAGE BREAK--- 50 SECTION 9. Alcohol Testing Procedure Employees will be subject to evidential breath test (EBT). PREPARATION FOR BREATH ALCOHOL TESTING A. A supervisor will instruct the employee to report to a specified location for a breathalyzer test. At this location, the employee will meet a breath alcohol technician (BAT), who will be doing the testing and who will show the employee to a room where the test will be conducted. This room will afford the employee visual and aural privacy. The BAT will explain how the test is conducted, ask the employee to provide some positive identification, and upon the employee's request, the BAT shall supply his/her positive identification. B. The BAT shall complete step 1 on the Breath Alcohol Testing Form. The employee shall then complete step 2 on the form, signing the certification. Refusal by the employee to sign this certification shall be regarded as a refusal to take the test. C. An individually sealed mouthpiece shall be opened in the presence of the employee and placed on EBT. The employee shall be instructed to blow into the mouthpiece until the EBT indicates an adequate amount of breath has been obtained. D. The employee shall be shown the results on the recorder of the EBT. The results alone with blank air samples will be printed in triplicate, one copy for the employee. If the result of this test is 0.019 or less, no further testing is to be done and no record of testing retained in personnel file. However, if the result is 0.02 or greater, the BAT must conduct a confirmation test. Procedure for Confirmation Test A. The BAT shall instruct the employee not to eat, drink, put any substance in his or her mouth, and to the extent possible, not eruct (belch) during the waiting period before the confirmation test. This time period begins with the completion of the screening test, and shall not be less than fifteen (15) minutes. This confirmation test shall be conducted within twenty (20) minutes of the completion of the screening test. The BAT shall explain to the employee the reason for this procedure (to prevent any accumulation of mouth alcohol), and the fact it is for the employee's benefit. B. The confirmation test is much the same as the screening test. This is the final test. If an employee shows a 0.02 or greater, the BAT will notify the supervisor in a confidential manner of the results. All test results will be kept confidential. ---PAGE BREAK--- 51 SECTION 10. Drug Testing Procedure 1. All employees will be subject to drug testing. A. The employee will be notified by the supervisor and the employee will be instructed to go to a specified location for a drug test. B. Once at the collection site, the employee will be given a sealed specimen bottle or a sealed collection container and provided a room that will afford the employee visual and aural privacy for him/her to provide a urine sample for a drug testing. C. Once a sample is collected, the employee is to return the sample to the collector immediately. The sample will be checked for temperature and it will be recorded on the official form. The specimen will be split into bottle A and bottle B. The official form and the two specimen bottles will be sent to a laboratory for testing. 2. The laboratory shall report as negative to the Personnel Officer all specimens that are negative on the initial test and no record of testing retained in personnel file. Only specimens confirmed positive shall be reported positive for a specific drug. A. The laboratory has five working days after receipt of the specimen to report the results of the tests to the Medical Review Officer. B. The Medical Review Officer shall review confirmed positive results, making sure all steps have been taken to assure an accurate test. C. Prior to making a final decision to verify a positive test result for an employee, the Medical Review Officer shall contact the employee directly, on a confidential basis, to determine if he/she wishes to discuss the test results. A medically licensed or certified staff person under the Medical Review Officer's supervision may gather information from the employee. The Medical Review Officer shall talk directly with the employee before verifying a test as positive. D. If, after making all reasonable efforts and documenting them, the Medical Review Officer is unable to reach the employee directly, he/she shall contact a designated management official who shall direct the employee to contact the Medical Review Officer as soon as possible. The management official shall employ procedures that ensure this notice is held in confidence. 3. The Medical Review Officer may verify a test as positive without having communicated directly with the employee about the test in two circumstances. A. The employee expressly declines the opportunity to discuss the test. ---PAGE BREAK--- 52 B. The designed employer representative has successfully made and documented a contact with the employee and instructed the employee to contact the Medical Review Officer and more than five days have passed since the date the employee was successfully contacted. 4. If a test is verified positive under the circumstances specified in paragraph 3 and of this section, the employee may present, to the Medical Review Officer, information documenting that serious illness, injury, or other circumstances unavoidably prevented the employee from timely contacting the Medical Review Officer. The Medical Review Officer, on the basis of such information, may reopen the verification, allowing the employee to present information concerning a legitimate explanation for the confirmed positive test. If the Medical Review Officer concludes that there is a legitimate explanation, the Medical Review Officer declares the test to be negative. A. If a test is verified positive by the Medical Review Officer, the employee has seventy-two (72) hours after the Medical Review Officer successfully made and documented a contact with the employee, to ask specimen B or split specimen to be tested. The Medial Review Officer shall direct, in writing, the laboratory to provide the split specimen to another DHHS certified laboratory for analysis. If the analysis fails to reaffirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing, or untestable, the Medical Review Officer shall cancel the test and report cancellation, and the reasons for it to the employer, and the employee. B. If a test is verified positive under the circumstances specified in paragraph 4 and 4 of this document, the employee will be notified by the Medical Review Officer. All drug and alcohol testing shall be done on County time. All County employees will be transported, by the County, to and from the test site. The County shall also transport employees who have 0.02 or greater level for alcohol, to their place of residence. SECTION 11. Evaluation and Discipline 1. An employee testing positive for drugs or alcohol will be suspended for a minimum of thirty (30) days, and the case will be reviewed for discharge. However, after review, it may be decided that the employee be given the chance to come back to work after rehabilitation. A. The employee will need an evaluation by a substance abuse professional that shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse or controlled substance use. ---PAGE BREAK--- 53 B. An employee who has followed all rehabilitative programs prescribed by the substance abuse professional but after thirty (30) days is not released by the County's substance abuse professional to return to work without restrictions, may be considered by the County for employment to do other tasks until released by the substance abuse professional. C. Before an employee returns to duty, doing a safety sensitive function, after verified positive test for drugs or an alcohol level of 0.02 or greater, the employee shall undergo a return to duty alcohol test with a result indicating an alcohol concentration of less than 0.02, if the conduct involved alcohol, or a controlled substance test with a verified negative result, if the conduct involved a controlled substance. In addition, each employee identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use, shall be evaluated by a substance abuse professional to determine that the employee has properly followed all rehabilitation programs prescribed by the evaluator. D. An employee shall be subject to unannounced follow-up alcohol and controlled substances tests administered by the employer, following the employee's return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional and consist of at least six tests in the first six months after the return to duty. If the substance abuse professional determines that return-to-duty and follow-up testing for both alcohol and controlled substance is necessary for that particular employee, the substance abuse professional may require testing for up to eighteen (18) months. E. All evaluations shall be done for Cortland County by a substance abuse professional under contract with the employer. Rehabilitation and follow-up testing shall be paid for by the employee. 2. Any employee, who is found to have a positive drug test or an alcohol test greater than 0.02 within four years of a previous suspension for alcohol or drug abuse, shall be terminated. ---PAGE BREAK--- 54 CORTLAND COUNTY PERSONAL PROPERTY REPORT Directions: Employee: Complete Section 1 and give to your supervisor by the end of the shift Supervisor: Complete Section 2 and then forward this report to the Sheriff within two working days of receipt. Sheriff: Forward to the Personnel Office Section 1: Sheriff's Department Division: Name of Employee(s) Completing this Report: Employee Who is Property Owner: Employee Hire Date: Home Address of Property Owner: Home Telephone Number of Property Owner: Date of Incident: Time of Incident: Location of Incident: Description of Damaged Property: STATEMENT: Describe who, what, when, where, why, and how: Were there other witnesses? ( ) Yes ( ) No Use reverse side if more room is needed for witnesses. Witness Name: Witness Telephone Number: Witness Name: Witness Telephone Number: Signature of individual completing this section: Date: Section 2: Supervisor's Review and Comments: Property inspected or received Yes ( ) No ( ) Supervisors' Signature: Date: Sheriff's Signature: Date: Date Incident Reported: Date Report Completed: ---PAGE BREAK--- Travel Authorization Policy Adopted May 20, 2004 – Amended June 25, 2015 1 RESOLUTION 192-15 CORTLAND COUNTY POLICY AND PROCEDURES AUTHORIZATION TO TRAVEL I. General Guidelines A. This establishes policies and procedures for County employees regarding: 1. attendance at conferences, conventions, trainings, and meetings held outside the County; and 2. travel on county business and related expenses, including meals. B. This policy applies to non-elected and elected County employees, except where guidelines have otherwise been established through a collective bargaining agreement. In those instances, the collective bargaining language shall prevail. C. Authorization to attend an in-state conference, convention or training, regardless of cost, and/or authorization to incur travel expenses shall be granted by the County Administrator respective Department Head in the form of a travel order or similar document signed by the County Administrator Department Head. No claims for expenses shall be audited, allowed, or paid unless such form shall be attached thereto. Travel or conference taken prior to receiving proper authorization as described herein may be deemed an unauthorized leave and any claims for expense reimbursement will be denied. All out-of-state travel, and travel paid for with grant money shall be approved by the Director of Budget & Finance. D. Determination that requests for reimbursement of travel expenses are in compliance with established County policy and procedure is the responsibility of each department. All travel expense reimbursements are subject to audit. E. Reimbursement for travel arising out of an employee’s election or appointment as a director or officer within agencies or groups other than those directly under the supervision of the Cortland County Legislature will not be allowed under any circumstances but should be billed back to the organization for whom the activity was undertaken. II. Approval Process The following procedures must be followed when an employee of the County attends a conference, convention, training, or meeting held outside the County and concerning County goals and objectives. A. A travel authorization request must be prepared and forwarded to the department head for approval/disapproval. If the travel is out of state, or utilizes grant money, the Department heads must submit the travel authorization request to the County Administrator Director of Budget & Finance for approval and to the statutory committee chair for information. B. Upon approval by the department head, the request will then be forwarded to the County Administrator for approval/disapproval. In the absence of the County Administrator, the Chair of the Legislature is authorized to approve/disapprove travel requests. C. The County Administrator will send copies of all approved and disapproved travel requests to the department head and the appropriate statutory committee chair. D The County Administrator will forward approved requests to the County Auditor. E. The County Administrator, Director of Budget & Finance and Legislators must submit the travel authorization request for his/her travel to the Legislative Chairman for approval. ---PAGE BREAK--- Travel Authorization Policy Adopted May 20, 2004 – Amended June 25, 2015 3 III. Conditions of Reimbursement A. All travel arising out of the performance of an employee’s job duties, including all incidental expenditures of funds, shall be reimbursed by the County, providing such expenditures meet all conditions of this policy. B. Documentation of expenses incurred during travel must be submitted on the County Travel Expense Record Form and attached to the reimbursement request along with a copy of the approved Travel Authorization Request. IV. Transportation Allowance A. Travel shall be conducted in the most economical mode of transportation. When public transportation, including air, train, or bus will be used, it should be demonstrated that this form of transportation would be more economical in terms of money and/or time than travel by automobile. Employees will be reimbursed the cost of public transportation incurred when supported by the proper receipt. The County will not reimburse any excess baggage fees for air travel. B. Reimbursement for use of personal automobiles to travel on County business will be based solely on the most recent IRS allowable reimbursement rate, and shall be provided contingent upon submission of mileage verification through MapQuest or a similar mapping program. Mileage reimbursement will be allowed for the driver of the vehicle only regardless of the number of employees traveling in the same vehicle on the same trip. To maximize savings to the County, employees traveling to the same destination shall car pool whenever possible. C. Automobile repair or towing expenses for personal automobiles when used for travel on County business are not reimbursable. D. Tolls and parking expenses will be reimbursed at actual cost incurred by the employee when supported by proper receipt. Traffic or parking violation tickets are the responsibility of the individual charged with the violation(s), with the exception of violation(s) arising out of deficiency in automobiles owned by the County. E. An employee’s travel time (work hours) will be paid in accordance with the Fair Labor Standards Act, and shall be provided contingent upon submission of mileage verification through MapQuest or a similar mapping program V. Meal Allowance A. The County will pay up to a total of $32.00 per day for meals during travel outside of Cortland County. To be eligible for full meal reimbursement, travel must have commenced prior to 7:00 a.m. and must have extended past 7:00 p.m. If the duration of the travel is less than a full day, the reimbursement maximum will be on a per-meal basis as follows: Breakfast - $ 7.00 Lunch - $10.00 Dinner - $15.00 To be eligible for breakfast, travel must have commenced prior to 7:00 a.m.; to be eligible for dinner, travel must have extended beyond 7:00 p.m. Lunch will be reimbursed when employer imposed restrictions inhibit an employee’s regular routine. B. Meal expenses will be reimbursed at the actual cost incurred by the employee when supported by the proper receipt. When approved, the County will pay the lessor of the ---PAGE BREAK--- Travel Authorization Policy Adopted May 20, 2004 – Amended June 25, 2015 4 actual expenses incurred to the established maximum allowance. No charges for alcoholic beverages will be reimbursed. C. Gratuity, not to exceed 15%, will be allowed in addition to the meal, when supported by the proper receipt. D. Costs for meals held in conjunction with conferences, that are not covered by conference fees, that exceed the guidelines set forth above, will be reimbursed at the actual cost when supported by the proper receipt. E. Employees traveling to major metropolitan areas (cities of over 200,000 as defined by the New York State Economic Development web site) shall be reimbursed up to 1.5 times the meal allowance when supported by the proper receipt. VI. Lodging Allowance A. Lodging accommodations shall be arranged in the most reasonable and economical manner. An itemized bill must accompany request for reimbursement. When two employees are staying at the same hotel, motel, etc. at the same time, sharing accommodations is encouraged when appropriate. B. In situations where an individual who is not a County employee accompanies a County employee traveling on County business, no expenses related to the non-County employee are reimbursable. Reimbursable expenses for the employee cannot be more than if the County employee traveled alone. C. New York State taxes, local taxes, etc. on lodging are reimbursable if not exempt by the taxing agency. Employees shall obtain and present the tax exemption letter. VII. Miscellaneous A. Travel authorization requests are not required for travel for the normal conduct of business within contiguous counties, including but not limited to, transportation of clients, pick up of County materials, and/or routine meetings. B. When emergency travel is required, either the Chair of the Legislature or the Director of Budget & Finance or County Administrator may approve the travel. VIII. Contiguous Counties 1. Broome 2. Cayuga 3. Chenango 4. Madison 5. Onondaga 6. Tioga 7. Tompkins ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 1 Post Issuance Compliance Procedures and Guidelines County of Cortland, New York 1. Introduction. Upon the issuance of tax-exempt bonds or notes, the issuer has a significant number of post-issuance responsibilities with regards to monitoring a bond issue for compliance with federal tax rules for the duration that such bonds are outstanding. The purpose of these Procedures and Guidelines is to assist the County of Cortland, New York (the “Issuer”) with fulfilling those responsibilities and thereby reduce the risk of interest on the Issuer’s bonds becoming taxable. These Procedures and Guidelines are intended to serve as a foundation upon which the Issuer may construct and operate a comprehensive record retention system that will serve as a roadmap to track compliance with all applicable requirements. 2. Responsible Persons. The Issuer’s County Treasurer shall have primary responsibility for such compliance and for purposes of these Procedures and Guidelines shall be referred to herein as the “Compliance Officer.” As set forth in Section 4 below, the Compliance Officer will conduct periodic compliance reviews. A tickler system shall be established and maintained by the Issuer to remind Issuer officials of upcoming action items and deadlines relating to Post Issuance Compliance. 3. Record Keeping. In order to ensure the continued exclusion of interest by the beneficial holders of the Issuer’s obligations, the Compliance Officer shall retain sufficient records to support the continued exclusion taken by the beneficial holders of the Issuer’s obligations. Specifically, the Compliance Office shall maintain files relating to an issue for a period commencing on the closing date and ending on the 5th anniversary of the first June 30th immediately following the date the last bond (or note) of such issue is retired. The record keeping policies outlined above may be satisfied by cross-referencing to other Issuer file locations where the size and volume of such records justifies maintaining a single copy of such records in one centralized location. 4. Annual Review. The Compliance Officer shall conduct an annual review of the records maintained pursuant to Section 3 above to determine for each series of obligations then outstanding whether each such issue of Obligations complies with the applicable tax requirements, including use of proceeds, restrictions on private business use (including safe harbor rules relating to management contracts), timely expenditure of proceeds, rebate requirements, private payments and private loans. The Compliance Officer is expressly authorized to hire outside, independent Resolution 211-15 ---PAGE BREAK--- 2 professional counsel to assist in such review, including Bond Counsel. To the extent that any violations or potential violations of tax requirements are discovered incidental to such review, the Compliance Officer may make recommendations or take such actions as the Compliance Officer shall reasonably deem necessary to assure the timely correction of such violations or potential violations through remedial actions. 5. Training. The Compliance Officer shall undertake to maintain a reasonable level of knowledge concerning the rules related to the Obligations so that such officer may fulfill the duties described herein. The Compliance Officer may consult with Bond Counsel and use other means to maintain such knowledge. Such training, including any subsequent review or continuing education, will be documented by the Issuer and/or the above-identified officials. These Procedures and Guidelines are effective as of July 1, 2015. Approved by: Monroe, County Treasurer ---PAGE BREAK--- INTERMUNICIPAL AGREEMENT FOR SHARING LITIGATION EXPENSES AGREEMENT THIS AGREEMENT, made and entered into this day of September, 2015 between the Town of Virgil, (hereinafter “the town”), a municipal subdivision of the State of New York with an address of 1176 Church Street, Cortland, NY 13045, the County of Cortland (hereinafter “the County”), a municipal subdivision of the State of New York with an address of 60 Central Avenue, Cortland, NY 13045, and the Cortland Enlarged City School District (hereinafter “the School District”), a municipal subdivision of the State of New York with an address of 8 Valley View Drive, Cortland, NY 13045, hereinafter collectively referred to as “the parties,” WITNESSETH WHEREAS, a lawsuit has been brought to contest the real property tax assessments on certain property located within the town, which lawsuit is captioned Greek Peak Adventures, LLC et al v. Randy H. Deal, as Assessor of the Town of Virgil, Cortland County Supreme Court Index No. 15-468, and WHEREAS, the parties believe the existing real property assessments are just and proper, and wish to vigorously defend the assessments established by the Town Assessor, and WHEREAS, the tax rates for the parties are $18.47 for the school district, $14.23 for the county and $2.62 for the town, for a total of $ 35.32, and WHEREAS, the percentage of the total for each is 52.29% for the school district, 40.29% for the county and 7.42% for the town, and WHEREAS, the parties wish to share all costs and expenses of participating in the litigation in direct proportion to the tax revenues generated for each, NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants hereinafter expressed, it is hereby agreed by and between the parties hereto as follows: 1. The parties will arrange for special legal counsel which will be hired to represent the parties jointly. 2. The parties agree to cooperate in making decisions as to the selection of special counsel, selection of an appraisal firm, and the hiring of any other necessary experts. 3. All costs and fees associated with the litigation will be shared on the basis of the real property tax revenue which is at risk to be lost for the 2015 tax year. Resolution 237-15 ---PAGE BREAK--- 4. The County will pay 40.29%, the town 7.42% and the school district 52.29% of any and all costs and expenses associated with the litigation. 5. Each party will be responsible for making payment directly to the person or firm which has provided the service. 6. The parties will appoint one person to be the contact person to administer this agreement and distribute information. IN WITNESS WHEREOF, the chief executive officer of each party, have been duly authorized by its governing body, affixes his or her name hereto on the date indicated. TOWN OF VIRGIL By: Date: John P. Kaminski, Supervisor COUNTY OF CORTLAND By: Date: Donnell Boyden, Chairman, County Legislature CORTLAND ENLARGED CITY SCHOOL DISTRICT By: Date: Melissa Davis-Howard, President, Board of Education ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 1 - Article I DEFINITIONS 1. Agenda - is a summary of the order of business expected to come before a particular meeting of the Legislature. All bid openings, communications, petitions, notices, committee reports, annual reports, audits, resolutions, proclamations, recognitions, as well as any other business to appropriately come before the Legislature shall be listed 2. Amendment – is a proposal to change the wording of a motion or a resolution. Upon request of any legislator in attendance, an amendment must be submitted in writing and distributed to all members 3. Amend Something Previously Adopted – is a motion to change the Legislature’s action on a portion of a resolution that has been adopted. This motion is in order as long as the portion to be amended is not something that has already been done that cannot be undone. A motion to amend something previously adopted requires at least the same vote total (majority or two-thirds) needed to adopt in the first instance; requires a two-thirds vote without notice, or a majority vote with notice. 4. Article - is any resolution, petition, communication, notice, or report 5. Article postponed indefinitely - is any article postponed indefinitely, not to a date set but to a date which may be set in the future. 6. Article postponed to time certain - is any article postponed to a specific time (time certain) to be taken up on a specific day., 7. Authorized Agency - is a corporation, association, institution, or agency authorized to receive and expend County money. (See County Law, Section 351) 8. Chair - is the Chair of the Cortland County Legislature, elected in accordance with Article II, Section 2-A of these Rules, Local Law No. 2 of 1972, and County Law §151 9. Citizen’s Advisory Committee – the County Legislature, by resolution, may appoint a committee of citizens of the County to act in an advisory capacity to any committee, department or office on any subject relating to the County government, pursuant to provisions in County Law §253. Term of said Committee shall not exceed the term of the appointing Legislature. 10. Claim - is any claim, bill, or account submitted to the Legislature pursuant to County Law (See County Law, Section 369) Resolution 257-15 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 2 - 11. Clerk - is the Clerk of the Cortland County Legislature appointed in accordance with Article II of these Rules, Local Law No. 2 of 1972, and County Law §400-4(a) and County Law §475 or any amendments. 12. Committee of the Whole – is a committee composed of the members of the Legislature for the purpose of considering a subject which the members do not wish to refer to a Standing, or Special Committee, but which is not in proper form for their final action. Committee of the Whole is NOT an executive session 13. Conflict of Interest – No municipal officer or employee shall have an interest, direct or indirect, in any contract with the County of Cortland, or engage in any other activity prohibited by the Cortland County Code of Ethics (Local Law No. 2 of 2008), when such officer or employee, individually or as a member of a board, has the power or duty to: Negotiate, prepare, authorize or approve a contract or authorize or approve payment thereunder; Audit bills or claims under the contract; or appoint an officer or employee who has any of the powers or duties set forth above. 14. Communication - is any written instrument advising the Legislature of facts, situations, or problems (past, present, or future) having to do with the operation of Cortland County Government or the Legislature's powers under County Law. For informational purposes, official communications may be distributed to or received and filed by the Legislature 15. Day - A period from a certain day within which, or after, or before which, an act is authorized or required to be done, meaning the number of calendar days exclusive of the calendar day from which the reckoning is made. If such period is a period of two days, Saturday, Sunday or a public holiday must be excluded from the reckoning if it is an intervening day between the day from which the reckoning is made and the last day of the period. In computing any specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period of time is reckoned shall be excluded in making the reckoning. (see General Construction Law §20) 16. Department Head - is the County employee or employees elected, or appointed by the Legislature, chiefly responsible for the operation of any County Department 17. Ex-Officio – A member of the committee or board by virtue of an office held. Ex-Officio members of committees have exactly the same rights and privileges as do all other members, including the right to vote. If an ex-officio member is NOT under the authority of the organization (Legislature), he/she has all rights and privileges, but not the ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 3 - obligations of a regular member, and does not count toward a quorum. An ex-officio member who IS under the authority of the Legislature (Chair) IS counted in the quorum. 18. Excused Absence – Prior notification of an absence to a Committee Chair, Clerk or Chair of the Legislature 19. Executive Session – that portion of a meeting not open to the public. Proceedings in Executive Session shall be confidential unless the Legislature votes otherwise, or is required to be made public in accordance with NYS Public Officer’s Law. The Legislature may conduct an executive session upon a majority vote of the Legislature taken in an open meeting, after a motion to enter into executive session, for one of the purposes enumerated in Public Officer’s Law §105 through as follows: matters which will imperil the public safety if disclosed; any matter which may disclose the identity of a law enforcement agent or informer; information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; discussions regarding proposed, pending or current litigation; collective negotiations pursuant to article fourteen of the civil service law; the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; the preparation, grading or administration of examinations; and the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof. However, no action by formal vote shall be taken to appropriate public moneys during executive session. Minutes of executive session shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. The summary need not include any matter which is not required to be made public by the Freedom of Information Law. Minutes taken in executive session shall be available to the public within one week from the date of the executive session. Attendance at executive session shall be permitted to any members of the legislature and any other persons authorized by the Legislature. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 4 - 20. Interest – a direct or indirect pecuniary or material benefit accruing to a County officer, employee or appointed official, spouse or child, whether the result of a contract with the County or otherwise. For the purpose of this chapter, a County officer, employee or appointed official shall be deemed to have an interest in the contract if a spouse and/or children, except a contract of employment with the County; (ii) a firm, partnership or association of which such officer, employee or appointed official or spouse or child is a member or employee; (iii) a corporation of which such officer, employee or appointed official, or child is an officer or director; and (iv) the outstanding capital stock of a corporation which is owned by, or controlled directly or indirectly by an officer, employee or appointed official, or his/her spouse or child. 21. Journal - is the copy of the record of proceedings of the Cortland County Legislature for a calendar year in printed bound volume, or recorded by electronic means, or both, certified by the Clerk of the Legislature as a true copy. The Clerk of the Legislature shall ensure that a printed copy is published annually pursuant to County Law (See County Law, Section 211) 22. Legislature - is the Cortland County Legislature, the elected county governing body, by whatsoever name designated. Whenever the term "County Board," "Board of Supervisors," "County Governing Board," "Elective governing body of the county" is referred to in any law, contract, or document pertaining to any of the functions, powers, obligations, and duties of such governing body, it shall be deemed to mean and refer to the County Legislature. (See County Law§150-a) 23. Majority Leader - is the Cortland County Legislature's Majority Leader selected in accordance with Resolution No. 170-06 or any amendment. 24. Majority Vote of County Legislature - the majority number of weighted votes of the total membership of the Legislature 25. Meeting - the official convening of a public body for the purpose of conducting public business. This includes any meeting of a committee and any special, organizational or other meeting 26. Member - is either a duly elected member of the Cortland County Legislature or a member appointed by authority of Local Law No. 2, Article II, Section 204, VACANCIES, for year 1972 or any amendment. 27. Minority Leader - is the Cortland County Legislature's Minority Leader selected in accordance with Resolution No. 170-06 or any amendment. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 5 - 28. Minority Report – is the written report of the minority party or a minority of any standing or special or committee 29. Motion - is a formal proposal for action by a member in a meeting 30. Motion to Discharge - is a motion relieving a Standing or Special committee of its responsibility to consider a matter referred to it and placing the matter on the agenda of the following meeting of the Legislature 31. Motion to Reconsider - is a motion to bring again before the Legislature a motion which has been adopted, rejected, or postponed indefinitely, as long as something has not already been done which cannot be undone. Requires a majority vote of the Legislature. 32. Motion to Rescind - is a motion to revoke the Legislature's action on a motion which has been adopted, rejected, or postponed indefinitely, as long as something has not already been done which cannot be undone. Requires a two-thirds vote. 33. Motion to Suspend the Rules – is a motion suspending the Rules of Order which requires a two-thirds majority vote and may be made by any member of the Legislature 34. Notice to Incoming Members - The notice referenced in Article II, Section B. 1 of these Rules shall be in writing and shall be served by United States mail addressed to each incoming member at his/her last known postal address at least 48 hours before the date and time of the meeting. (See County Law, §151(1) or any amendments.) 35. Petition - is a written request for action by the Legislature on a matter having to do with the operation of Cortland County Government or the Legislature's power under County Law 36. Previous Question (often referred to as ‘Call the Question’) - is a motion to immediately end debate and amendment and take a vote on the question(s) before the Legislature. It requires a second, and a two-thirds vote, which is taken separately from and before the vote on the motion(s) to which it is applied. 37. Privilege of the Floor - is an opportunity granted to a person who is not a member of the Legislature to address an issue, that is on the current Legislative agenda 38. Quorum - is a majority of the whole number of members of the Legislature, should no vacancy exist. (See County Law §153(2) and General Construction Law §41) or any amendments. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 6 - 39. Recessed Meeting - is a session called to complete unfinished business, or a session called because of failure to obtain a quorum at a meeting 40. Receive and File - is a motion to receive a communication and have it placed on file with the Clerk of the Legislature 41. Refer (motion to) - is a motion to refer a matter to a Standing or Special Committee as the Legislature deems appropriate 42. Regular Meeting - is a meeting called for the purpose of transacting any and all business which the Legislature is authorized or permitted by law to transact 43. Resolution - is a written instrument for consideration and approval of the Legislature as recommended by a committee or the Chair in carrying out its power and duties pursuant to Statute or expressing the sense of the Legislature on a matter having to do with the operation of Cortland County Government 44. Resolutions of a Permanent Nature Requiring a Two-Thirds of Total Weighted Vote - require a two-thirds vote of the total weighted vote and shall include those: a. authorizing the purchase of property (See County Law, Section 215) or any amendments; b. authorizing the issuance of bonds (See General Municipal Law, Section 99-g) or any amendments; c. conveying property previously owned by the County, except property acquired by tax sale deed or for purposes of establishing a highway right of way (See County Law, Section 215) or any amendments; d. giving an easement or other substantial interest in property owned by the County (See County Law, Section 215) or any amendments; e. regarding membership of County employees in a State Retirement System; f. authorizing a class of property tax exemptions; g. creating departments, boards, or councils; h. amendment of the Rules of Order of the Cortland County Legislature; i. motions suspending the adopted parliamentary authority; j. any other action requiring a two-thirds vote as mandated by Federal, State or County law 45. Resolutions Not of a Permanent Nature - require a majority vote of the total weighted vote and shall include those: a. transferring any funds within account numbers in excess of $10,000; b. authorizing contracts; c. authorizing awarding of bids; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 7 - d. authorizing correction of an assessment roll if approved by the Director of Real Property Tax Services; or e. other business which may appropriately come before the Legislature, which does not require a vote other than a majority vote 46. Roll Call Vote – shall be taken as required by Statute or may be ordered on any pending motion at the request of a single member. The total number of weighted votes shall be entered in the record, along with the names of members voting for or against a matter considered by the County Legislature. 47. Special Committee - is a special committee established by resolution of the Legislature. Any resolution creating a special committee shall specify the powers and duties of the committee and the number of its members. Members are to be appointed by the Chair from the membership of the Legislature. Each member shall serve for the period specified in the resolution, but in no event longer than his or her term on the Legislature (County Law, Section 154[2]) or any amendments. 48. Special Meeting - is a meeting called by the Clerk of the Legislature upon direction of the Chair or upon a written request signed by a majority of the members of the Legislature. Notice in writing stating the time, place and purpose of the special meeting shall be served personally or by mail or by electronic means upon each member (as they direct) by the Clerk of the Legislature at least forty-eight (48) hours before the date fixed for holding the meeting, or a member may waive the service of the notice for such meeting by a writing signed by him/her. Only business specified in the notice thereof may be transacted at a special meeting. (See County Law, §152) or any amendments. 49. Special Order – A motion made to consider an item not included on the agenda. Requires a two-thirds vote. 50. Sponsor - is the member or members whose motion or resolution is appropriately brought before the Legislature 51. Standing Committee - is a committee established in accordance with Article XII of these Rules by the Legislature for the purpose of aiding and assisting the Legislature in the transaction of its business. A resolution or local law establishing such committee shall specify the powers, duties and number of its members. Members are to be appointed by the Chair from the membership of the Legislature. (See Article XII of these rules, County Law §154(1), and Local Law No. 2 of 1972) or any amendments. 52. Table – is a motion to allow the Legislature to lay the pending question(s) aside temporarily. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 8 - 53. Take from the Table – is to make pending again before the Legislature a motion or resolution that had been previously tabled. It requires a second, is not debatable and requires a majority vote for adoption 54. Total Vote - is the total number of weighted votes of all members of the Legislature 55. Weighted Vote - the number of votes each Legislator casts at a Legislative meeting pursuant to the current duly adopted plan of apportionment. (Local Law No. 2 of 2002) or any amendments. 56. Whole Number of Members - is the total number of members that the Legislature would have were there no vacancies and were none of the members disqualified from acting. (See County Law, Section 153(9) and General Construction Law §41) or any amendments. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 9 - ARTICLE II ORGANIZATION Section 1. Biennial Organizational Meeting A. Scheduling The County Legislature shall meet on the first Wednesday of January at 10:00 a.m., except when the first Wednesday shall be January 1st, in which event it shall be the following day, and every even year thereafter for the purpose of organization and for the transaction of such other business as may come before it. In accordance with County Law §151 and Local Law No. 2 for year 1972, Article II, Section 202, or any amendments. B. Notification 1. The Clerk of the outgoing Legislature shall serve upon each member of the incoming Legislature a notice stating: a. the date, time, and location of the organizational meeting; and b. that a Chair shall be elected; c. any other matter to come before the Board. 2. In the event of the inability or failure of the Clerk of the outgoing Legislature to serve notice as provided in Article II, Section B. 1 of these Rules, the County Clerk of Cortland County shall call the biennial organizational meeting on or before January 15th in even- numbered years. C. Business The business to come before the biennial organizational meeting shall be as follows: 1. election of a Chair (County Law §151, Local Law No. 2 of 1972) or any amendments; 2. appointment of a Clerk (County Law §400(4)(a), County Law §475, and Local Law No. 2 of 1972) or any amendments; 3. receive and file the designation of the Majority Leader and Minority Leader (if available); ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 10 - 4. appointment of a County Attorney (County Law §400(4)(a), §500) or any amendments; 5. appointment of a County Auditor (County Law §600) or any amendments; 6. appointment of a Public Defender (County Law §716) or any amendments; 7. appointment of a Veterans’ Services Officer (County Law §800) or any amendments; and 8. any other business necessary and appropriate to come before the meeting. Section 2. Elections and Appointments One Citizen’s Advisory Committee, (see page 1, #10) comprised of three legislators-elect from the majority party, selected by the legislators-elect, and three legislators-elect from the minority party, selected by the legislators elect, and the County Administrator, and advised by the Personnel Director, shall recommend candidates for appointment for the Clerk of the Legislature, County Attorney, Auditor, Public Defender and Veteran’s Service Officer. Five votes are needed to make a recommendation. In September of the year during which the term of appointment is set to end (no later than the last working day of the month), the Current appointees shall indicate to the Chair of the Committee to which they report: Clerk of the Legislature – Personnel County Attorney – Personnel Public Defender – Judiciary and Public Safety Veteran’s Services Officer – Health and Human Services whether or not they shall seek another term of appointment. The notice by the Current Appointee shall be delivered in writing to the appropriate Committee Chair AND the Director of Personnel. In October, following the appointees’ announcement in September, of a decision to seek another term, the Chair of the Committee shall In the event the appointee seeks re-appointment, the current appointee’s performance evaluation shall be reviewed in the month of October; or In the event the appointee does NOT seek re-appointment, have the Director of Personnel post the position as vacant as of December 31 of that year, subject to ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 11 - appointment at the biennial organizational meeting of the Legislature as the Rules of Order provide. In November following the current appointee’s performance evaluation, the Chair of the Committee to whom the appointee reports shall indicate the committee’s Recommendation to re-appoint the current appointee; or Request to determine the position as an anticipated vacancy as of December 31 of that year and to have the Director of Personnel post the positon as such subject to appointment at the biennial organizational meeting of the Legislature as the Rules of Order provide. Any person who meets the minimum qualifications for one of the appointed positions shall apply to the Director of Personnel to fill one of the anticipated vacancies. The current appointee who has not be recommended for re-appointment may apply for the posted position. At the next biennial organizational meeting, the full legislature shall appoint persons to fill each of the positions scheduled to be filled as follows - 1st The current appointee recommended by the last sitting committee shall be nominated and considered for the position by vote of the new sitting legislature; if not approved for appointment by a sufficient vote of the legislature; then 2nd The legislature shall then nominate and consider from the applicants who filed appropriate documentation with the Director of Personnel, any such successfully nominated applicant shall be subject to meeting other requirements as the County has established ( drug test); if no such applicant is approved for appointment by a sufficient vote of the legislature; then 3rd The legislature shall accept from the floor nominations of persons who did not apply. These nominations shall be subject to providing valid and sufficient proof that they meet the minimum qualifications for the position and subject to all other requirements demanded of new employees of the County. A. Election of a Chair 1. In accordance with Article II, Section 202, ORGANIZATION, of Local Law No. 2 for year 1972, at each biennial organizational meeting, the Clerk of the outgoing Legislature shall call the meeting to order and preside over the election of the Chair 2. The Chair shall be elected by a majority vote of the whole number of weighted votes of the total membership of the Legislature. 3. The Chair’s term will be through December 31 in the next odd-numbered year. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 12 - 4. In the event a Chair is not elected at the biennial organizational meeting, a Chair shall be elected at a recessed meeting held no later than February 1 in the even- numbered year. 5. In the event of the failure of the Legislature to elect a Chair on or before February 1 in the even-numbered year, the County Clerk of Cortland County shall appoint a member of the Legislature as Chair, who shall serve through December 31 of the next odd-numbered year. B. Appointment of a Clerk 1. At each biennial organizational meeting, the Legislature shall appoint a Clerk of the Legislature, in accordance with County Law §400 and County Law §475. The Clerk of the Legislature shall also serve as County Historian. 2. The Clerk of the Legislature shall be appointed by a majority vote of the weighted votes of the total of the Legislature. 3. The Clerk of the Legislature shall serve at the pleasure of the Legislature until replaced or removed by the Legislature. (See County Law, Section 475[1]). C. Appointment of the County Attorney 1. At each biennial organizational meeting, the Legislature shall appoint a resident attorney as County Attorney, in accordance with Section 500 of County Law. 2. The term of office of the County Attorney shall run concurrent with the elected members of the Legislature. 3. The County Attorney shall be appointed by a majority vote of the weighted votes of the total of the Legislature. D. Appointment of the County Auditor 1. At each biennial organizational meeting, the Legislature shall appoint a County Auditor, in accordance with County Law, Section 600. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 13 - 2. The term of office of the County Auditor shall be for the term for which the membership of the Legislature appointing him/her was elected or for a term as may be determined by local law not to exceed four years. 3. The County Auditor shall be appointed by a majority vote of the weighted votes of the total of the Legislature. E. Appointment of a Public Defender 1. At each biennial organizational meeting, the Legislature shall appoint a Public Defender, in accordance with Local Law No. 2 for year 1966. (See County Law, Section 716). 2. The term of the office of Public Defender shall be for the term for which the membership of the Legislature appointing him/her was elected or for a term as may be determined by local law not to exceed four years. 3. The Public Defender shall be appointed by a majority vote of the weighted votes of the total of the Legislature. F. Appointment of a Veterans’ Services Officer 1. At each biennial organizational meeting, the Legislature shall appoint a County Veterans' Services officer, in accordance with County Law Section 800. 2. The term of office of the Veterans’ Services shall be for the term for which the membership of the Legislature appointing him/her was elected or for a term as may be determined by local law not to exceed four years. 3. The Veteran’s Services Officer shall be appointed by a majority vote of the weighted votes of the total of the Legislature. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 14 - ARTICLE III AUTHORITY OF THE CHAIR Section 1. Legislative Meetings A. At any meeting of the Legislature, the Chair shall: 1. call the meeting to order at the set time; 2. proceed to the business in the manner prescribed by these Rules, unless there is no quorum; 3. preserve order and decorum in debate, preventing personal reflections and confining members' remarks to the question under debate; 4. recognize members entitled to speak in debate, ruling which member is first entitled to speak when two or more members seek recognition simultaneously; this ruling shall be subject to appeal from the ruling of the Chair; 5. rule on the priority of business and all points of order, subject to appeal from the ruling of the Chair. On each appeal, the Chair shall have the right to speak first and last in debate, if the question is debatable, to explain the reason(s) for the ruling; all other members may speak once in debate if the question is debatable; 6. Grant the privilege of the floor to individuals who have signed in before the beginning of the session and set the time limit, up to but not more than five minutes: Public Comment: Privilege of the floor shall be granted to any individual in the manner prescribed as follows: Any person or group may request permission to appear before the Legislature by signing on the provided sign-in sheet. The Legislature will provide a thirty (30) minute public comment period before resolutions are acted upon. Said thirty minutes will be divided evenly among the number of persons or groups that wish to appear before the Legislature, with no one person or group appearing for ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 15 - more than five minutes. This rule shall not apply to the County Administrator, department heads, or others invited to appear before the legislature. The Chair shall preserve order and decorum. He or she shall prevent any persons speaking, including members of the Legislature, from making personal or derogatory comments regarding individuals and he or she shall confine the speakers to subject matters pertaining to the agenda. These actions shall be subject to appeal from the ruling of the Chair; 7. in the absence of a quorum, take actions necessary to obtain a quorum; 8. on the request of any member, or at his/her own discretion, divide a resolution that contains two or more distinct propositions; and which can be considered separately 9. vote on all questions, unless excused from voting on a particular question; 10. appoint a Chair pro-tem to preside over the Committee of the Whole; 11. excuse a member from any meeting in accordance with the definition of an excused absence; 12. declare any meeting recessed at which a quorum cannot be obtained. B. At any meeting of the Legislature, the Chair may: 1. vary the order of business from the defined order of business,, subject to appeal from the ruling of the legislative body. 2. call any qualified individual temporarily to the position of Clerk of the Legislature; 3. allow a minority report to be presented and heard; 4. introduce a resolution to the Legislature when content or subject matter does not fall within the jurisdiction of a statutory committee; and ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 16 - C. The Chair may direct the Clerk of the Legislature to call a Special Meeting of the Legislature subject to limitation of these rules, and County law, and any amendments. Section 2. Committee Responsibilities The Chair shall: 1. within 15 days of his/her election to the position of Chair, appoint all Committee Chairs and members of Standing Committees, filing a list of same with the Clerk of the Legislature. When feasible, each political party shall be represented on each committee in its proportion to representation on the Legislature; 2. within 15 days of creation of a Special Committee, appoint its Chair and members, filing a list of same with the Clerk of the Legislature. When feasible, each political party shall be represented on each committee in its proportion to representation on the Legislature; 3. fill any vacancies in any Standing or Special Committee, in compliance with County Law Section 154, and any amendments; 4. reassign or remove committee Chairs or members as necessary; 5. when deemed necessary, call a meeting of a Standing or Special Committee subject to the limitations of these rules. 6. subject to the approval by resolution of the Legislature, assign additional duties to Standing or Special Committees; 7. Sit on Standing or Special Committees as an ex-officio member, in compliance with County Law Section 450, or any amendments. Section 3. Communications A. Resolutions Upon receipt of any resolution, forward it to: 1. the Clerk of the Legislature; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 17 - 2. the Chair of the appropriate committee(s); 3. the Majority Leader; 4. the Minority Leader; and 5. other appropriate individuals. B. Communications from the Clerk of the Legislature Upon receipt of any petition, communication, or notice from the Clerk of the Legislature, forward it, if applicable, to: 1. the Chair of the appropriate committee(s); 2. the Majority Leader; 3. the Minority Leader; and 4. other appropriate individuals. C. Communications from Others Upon receipt of any petition, communication, or notice from any individual other than the Clerk of the Legislature, forward it, if applicable, to: 1. the Clerk of the Legislature; 2. the Chair of the appropriate committee(s); 3. the Majority Leader; 4. the Minority Leader; and 5. other appropriate individuals. Section 4. Oath of Office Within 20 days of being elected Chair, execute and file in the office of the County Clerk of Cortland County an official oath by being sworn in and signing the official oath book as Chair, in compliance with County Law, Section 450, and any amendments, The Chair will also execute and file an official undertaking in such amount as required by the Legislature. Section 5. Administrative Responsibilities The Chair: A. shall supervise the Clerk of the Legislature. B. shall oversee the use of the Legislative Chambers and offices or shall designate an individual to oversee the use of the Legislative Chambers and offices; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 18 - C. shall, no later than the last session in June of each year, give a State of the County address, at which time member reports may also be given; D. may represent the County in all proceedings before the Public Service Commission and at all other public hearings and conferences deemed necessary to attend; E. shall, in case of attack or public disaster, direct the performance by agencies and public offices of the County of specific duties and implement the provisions of Article Three of the New York State Emergency Defense Act and the County Emergency Plan; F. shall become familiar with the property, function, and fiscal affairs of the County; G. shall ensure that the statutory and local laws and resolutions of the Legislature and directions of County officials empowered to make the same are faithfully executed. Any neglect of duty shall be reported to the Legislature; H. shall determine which official shall perform a particular power or duty not clearly defined by law; I. may attend meetings of all boards, commissions, or other bodies appointed by the Legislature; those exercising County functions; or those expending County funds, in compliance with County Law, Section 450, and any amendments; J. may inspect all books, accounts, records, or documents pertaining to the property, money, or assets of the County over which the County has control, in compliance with County Law, Section 450, and any amendments; K. may make recommendations to the Legislature on legislation, rules, and regulations, and such other matters deemed material and advisable; L. may transfer employees temporarily from one department or office to another, with the approval of the appropriate department head(s) or the Legislature, in compliance with County Law, Section 450, and any amendments; M. shall recommend to the Legislature persons for appointment to the Industrial Development Agency, which shall be politically balanced; N. shall approve the agenda for Legislative sessions prior to distribution; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 19 - O. shall, after his/her election as Chair, assign seating for the members of the Legislature; P. shall appoint the members of all management teams for the negotiating of labor contracts; Q. shall perform an annual performance evaluation, with the Committee Chairs and other appropriate personnel, for the Clerk of the Legislature, County Attorney, County Auditor, Public Defender and Veterans’ Services Officer; R. shall perform an annual performance evaluation for the County Administrator, in compliance with the Administrator’s current contract. Section 6. Temporary Chair In the absence of the Chair for a meeting, the Majority Leader shall serve as temporary chair. In the absence of the Chair and the Majority Leader, the Minority Leader shall serve as the temporary chair. In the absence of the Chair, the Majority Leader, and the Minority Leader, a temporary chair shall be elected by a majority vote of those members present and voting. Said vote shall be overseen by the Clerk of the Legislature Section 7. Permanent Vacancy In the event of a vacancy in the office of Chair as defined by Public Officers’ Law, Section 30, and as amended, the Clerk of the Legislature shall, within ten calendar days of such vacancy, call a meeting of the Legislature with notice provided in accordance with these Rules. At such meeting, a member shall be elected Chair, who shall serve as Chair for the unexpired term. In the event of the failure of the Legislature to elect a new Chair within 30 days after the vacancy, the County Clerk shall appoint a member of the Legislature to serve as Chair for the unexpired term. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 20 - ARTICLE IV AUTHORITY OF COMMITTEE CHAIRMEN A. Each committee Chair shall: 1. appoint a Vice Chair to preside in his/her absence; 2. schedule committee meetings and cause committee members and the Clerk to have notice of all meetings. Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given to the news media and shall be conspicuously posted in one or more designated public locations at least 72 hours before such meeting. Public notice of the time and place of every other meeting shall be given, to the extent practicable, a reasonable time prior thereto (Public Officers Law §104, and as amended.); 3. schedule a committee meeting on receipt of a request signed by at least a majority of the committee members. Said request shall state a date, time, place, and subject for said meeting; 4. prepare, or cause to be prepared by the Clerk of the Legislature, in conjunction with the County Administrator, an agenda for each committee meeting; 5. add additional items not included on the agenda upon a majority vote of those present and voting, a quorum being present; 6. upon receipt of any resolution, petition, communication, or notice, consult with each member of the committee in the manner he/she deems appropriate. Action can only be taken in an appropriately called and conducted meeting; 7. invite appropriate individuals to a committee meeting when their resolutions are being considered; 8. when reporting any resolution to the Legislature, provide all appropriate relative material to the Clerk of the Legislature; 9. delegate two members of the committee, who shall in conjunction and cooperation with the County Administrator, participate in the selection of a Department Head in a department assigned to it in these Rules, for appointment by the Legislature. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 21 - B. Each committee Chair may: 1. appoint, a person(s) from the standing committee membership to study any issue deemed appropriate, accountable to the committee as a whole; 2. schedule meetings with Department Heads or heads of authorized agencies to discuss mutual objectives and problems; 3. explain the purpose and provisions of resolutions reported from the committee before the debate begins in a Legislative session; and 4. present a resolution to the Legislature by a motion suspending the rules. ARTICLE V RESPONSIBILITIES AND DUTIES OF THE CLERK OF THE LEGISLATURE The Clerk shall: 1. keep a record of all acts and proceedings of the Legislature and be the custodian of records and papers having to do with the Legislature’s actions (See County Law, Section 475, and any amendments); 2. record in the minutes whenever the Privilege of the Floor is granted, specifying the speaker and including a brief summary of what was said; 3. record in the minutes the sponsor and the second of all resolutions and motions; 4. call the roll in alphabetical order by the members’ surnames, with the Chair being called last, and enter it in the minutes, specifying which members were present, absent, and excused; 5. certify local laws and resolutions in the order in which they are adopted and consecutively number local laws and resolutions in separate series as they are certified, each series continuing through one calendar year; 6. forward copies of local laws and resolutions adopted by the Legislature to the appropriate parties; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 22 - 7. publish all roll call votes in the Journal and maintain a record of roll calls, which shall be available for public inspection prior to publication in the Journal; 8. maintain a general index of all local laws and resolutions of a permanent nature; 9. file all Local Laws with the Secretary of State and the Cortland County Clerk; 10. file with the Cortland County Clerk all documents as directed by a majority vote of the Cortland County Legislature; 11. distribute to each member and others as deemed appropriate, or as directed by the Legislature or Chair, copies of the minutes of a Legislative session prior to or with the agenda of the next Legislative meeting; 12. upon direction of the Chair, or upon written request signed by a majority of the whole number of members of the Legislature, call a Special Legislative Meeting and serve personally or by mail upon each member at least 48 hours before the date fixed for the meeting, a written notice stating the date, time, location, and purpose of the Special Meeting in the case of an emergency, the 48 hour requirement may be waived by a majority vote of the Legislators present and voting, a quorum being present and all members having been notified; (See County Law, Section 152, and any amendments); 13. in the absence of a quorum, notify all members that a recessed meeting will be held giving the date, time, and location of the recessed meeting; 14. in the absence of the Chair, the Majority Leader, and the Minority Leader for a meeting, call the Legislature to order and preside over the election of a Chair Pro-Tem from the membership of the Legislature, who shall exercise the powers and duties of the Chair for the duration of the Chair’s absence; 15. upon receipt of any petition, communication, or notice from anyone other than the Chair, forward a copy to the Chair, the Majority Leader, the Minority Leader, and other appropriate individuals; 16. on the fourth calendar day prior to a regular meeting, prepare and distribute an agenda which shall include, among other things, a listing of articles received in his/her office; 17. make copies of the agenda available to the public in his/her office after distributing it to the members and be responsible for posting said agenda to the Legislature’s website; 18. make copies of all roll call votes available to the public one day after the conclusion of the meeting at which they were taken; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 23 - 19. by 10:00 a.m. on the business day prior to a meeting, place a copy of each resolution to be considered at the meeting on the desk of each member; 20. send notices of committee meetings to all Legislators, the County Attorney, and other appropriate individuals at least 72 hours in advance of a committee meeting; 21. record all notices of committee meetings; 22. receive reports as requested by the Legislature; 23. receive annual reports from Department Heads and heads of authorized agencies, as directed by the Legislature or required by law; 24. upon receipt of a tentative budget from the County Administrator in his role as Budget Officer, distribute a copy to each member; 25. prepare a list of committees and their members, and distribute to all Legislators and Department Heads and have available for the general public within 30 days of the committee appointments; 26. within 50 days after election or appointment of new members, distribute to them the last Legislative Journal, the current County budget, and if available, the tentative County budget for the next fiscal year; 27. ensure each member has a copy of the current edition of Robert’s Rules of Order Newly Revised and the Rules of Order of the Cortland County Legislature; 28. prepare an annual budget for the Legislature; 29. report to the Legislature through the Chair; 30. within seven business days following a Committee meeting but in no event no later than the day two days prior to the next Legislative Session, have prepared and forward draft minutes of the meeting to all Legislators that shall specify, among other items, the time, date, and place of the meeting, the persons in attendance, the resolutions voted on and the vote on each; 31. shall serve as the County Historian (See County Law, Section 400, and any amendments); 32. shall serve as the Public Information Officer; and 33. shall serve as the (Freedom of Information Law) FOIL Officer for Cortland County 34. perform such additional duties as the Legislature or the Chair may direct (See County Law, Section 475, and any amendments); ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 24 - ARTICLE VI POWERS AND DUTIES OF THE COUNTY ATTORNEY, THE COUNTY AND ADMINISTRATOR The County Attorney shall: 1. act as the legal advisor to the Legislature and other County officials in all matters involving an official act of a civil nature (See County Law, Section 501, and any amendments); 2. be present at all Legislative meetings unless excused by the Chair, and committee meetings, if requested by the Committee Chair. In cases where the County Attorney cannot be present, an Assistant County Attorney shall be present; and 3. by 10:00 a.m. on the business day prior to a meeting, approve all resolutions included on the agenda for form and legal content, indicating his/her approval on the original copy, consulting with the sponsor if necessary, before approving said resolution. The County Administrator shall: 1. be directly responsible to the County Legislature, and, on behalf of the County Legislature shall perform the functions of chief administrative officer, with the County Legislature retaining the final administrative authority (See Local Law No. 7 for the of 2002, Local Law No. 3 for the year 2003; and 2. be the Budget Officer of the County, responsible for preparing the tentative budget and presenting it to the Budget and Finance Committee for approval and then to the County Legislature for final adoption. (See Local Law No. 3 of 2003 and County Law §353 and §354, and any amendments); and 3. any other duties as assigned by the Legislature which do not curtail, diminish, transfer or divest the Cortland County Legislature (or any elected official) of any functions, powers or duties. (See Local Law No. 7 of 2002, Local Law No. 3 of 2003 and Municipal Home Rule Law §23, County Law §154(6) and any amendments) ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 25 - ARTICLE VII PRESENTATION OF RESOLUTIONS 1. All resolutions shall be in writing and shall include a brief title summarizing the purpose of the resolution. (See County Law, Section 153, and any amendments) 2. All resolutions shall be filed with the Clerk of the Legislature, and whenever possible shall be written in the affirmative. 3. Resolutions to be included on the agenda shall have the majority vote of those present (a quorum being present) of the appropriate Statutory Committee or at the direction of the Chair of the Legislature and shall be filed on or before the fourth calendar day before a regular meeting, and at least 48 hours before a Special Meeting. Resolutions voted down by the Budget and Finance Committee shall be so noted when presented to the Legislature. 4. Resolutions creating a Special Committee shall specify the powers and duties of the committee and the number of members. (See County Law, Section 154, and any amendments) 5. Resolutions pertaining to bills pending before the Congress or the State Legislature shall specify the bill number and the name of the sponsor(s). 6. An amended version of a resolution on the agenda may be filed by the sponsor for consideration at any time before the Legislature convenes. 7. Upon the request of any member, an amendment to a resolution shall be in writing. Copies of the amendment shall be distributed to all members. 8. Any resolution may be withdrawn by its sponsor any time before a final vote is taken. The same resolution with the same intent may not be withdrawn by the sponsor more than three times per calendar year. 9. A sponsor shall be given an opportunity to explain a resolution, its purpose, and his/her reason for introducing the resolution prior to the opening of debate in the Legislature. 10. The same resolution with the same intent offered by the same sponsor may be introduced as a new agenda item only three times per calendar year. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 26 - 11. Any resolution withdrawn from the Legislative agenda shall begin the committee approval process again and shall not be re-introduced unless the committee approval process is completed. ARTICLE VIII MEETINGS 1. All meetings of the Legislature shall be held in the Legislative Chambers, Cortland County Office Building, 60 Central Avenue, Cortland, New York The Legislature may, at any meeting, by resolution, change the time and place of the next regularly scheduled meeting, except that no meeting shall be held outside the City of Cortland without an affirmative vote of three-fourths of the total membership of the Legislature. (See County Law, Section 152, and any amendments). 2. All meetings of the Legislature shall be public. (See County Law § 152 and Public Officers Law §103, and any amendments). 3. The Legislature shall, in addition to the organizational meeting, hold regular meetings at 6:00 p.m. on the fourth Thursday of each month January through October. November and December meeting dates will be scheduled by the Clerk. 4. Special meetings shall be held in accordance with County Law §152(2), and any amendments and these Rules. Only articles included in the written notice may come before the Legislature at the special meeting. 5. When the day specified for any meeting falls on a County holiday, such meeting shall be held at the time specified on the next business day. 6. If the Legislature is inquorate (without a quorum) for any meeting, a recessed meeting shall be declared. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 27 - ARTICLE IX ORDER OF BUSINESS 1. The order of business at each meeting of the Legislature shall be as follows, unless modified by the Chair in accordance with Authority of the Chair. a. Salute to the Flag b. Roll call of members c. Approval of minutes of the previous meeting d. Proclamations and Recognitions e. Privilege of the Floor, to include public participation as authorized by these rules f. Presentation of petitions, communications, and notices g. Reports of Standing and Special Committees h. Articles Postponed to Day Certain i. Unfinished Business j. Presentation of Resolutions k. Special Order’s (if any) l. Announcements m. Adjournment 2. The minutes of the previous meeting shall be read if the members have not received them or upon the request of any member. In the absence of corrections, the minutes shall stand approved without formal motion. 3. Articles Laid on the Table, except Articles Postponed to Day Certain, shall be considered Unfinished Business and shall be taken from the table upon approval of a majority vote of the total vote of the members present. 4. No more than one amendment to an amendment may be pending at any given time on any resolution. 5. The Legislature shall set aside any other business at the time stated for consideration of a Special Order. 6. The time for consideration of a Special Order shall be advanced, postponed, or rescinded only with the approval of a two-thirds vote of the total vote of the members present. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 28 - ARTICLE X MOTIONS AND THEIR PRECEDENCE 1. When the Legislature is considering a question, motions shall have precedence over another in the order stated below: a. To adjourn b. To recess c. To lay on the table d. Previous question e. To postpone to day certain f. To commit (refer to a committee) g. To go into Committee of the Whole h. To go into Executive Session i. To amend j. To postpone indefinitely k. Main motion 2. The privileged motions to adjourn, and the motions for the previous question, and to lay on the table are not amendable. The privileged motion to recess may be amended only as to the length or time of the recess. A motion to postpone to day certain may be amended only as to the day to which the question is postponed. 3. The privileged motion to adjourn, and to recess, and the motions for the previous question, to lay on the table, and to table to day certain are not debatable. 4. A motion to adjourn shall not be made while the Chair is putting a question, while a member has the floor, while the Clerk is taking a roll call vote, or while the Legislature is in the Committee of the Whole. 5. A question of privilege may be raised while another member has the floor. 6. Any question shall be laid on the table or postponed to day certain only once. 7. The Legislature, while in Committee of the Whole, shall not exercise Legislative powers and shall be presided over by a temporary Chair. The only motions that are in order under Committee of the Whole are to amend and adopt the report to be given and to “rise and report.” Any formal action must be taken in the regular Legislative body. Committee of the Whole cannot refer the issue under consideration to another committee. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 29 - 8. When in Executive Session, the Legislature shall operate under these rules insofar as they are applicable. Proceedings in Executive Session shall be confidential unless the Legislature votes otherwise. 9. Any Committee may be discharged from further consideration of any matter entrusted to it by these Rules upon a majority vote of the whole number of members. The matter shall automatically be placed by the Clerk on the agenda for the next meeting. 10. A motion to reconsider any vote must be made on the day the vote proposed to be reconsidered was taken or at the next regular meeting of the Legislature. Such motion may be made only by a member voting on the prevailing side or a member excused by the Chair. Such motion may be made under any order. 11. A motion to rescind any resolution or motion shall be made only when no motion is on the floor. It shall require the affirmative vote of the total weighted vote in the same proportion as required for the original adoption for approval. ARTICLE XI RULES OF VOTING 1. A majority of the total vote (weighted vote) of the whole number of members of the Legislature (17) shall be necessary to adopt any question, proposition, resolution, motion, or any other matter, except where it is otherwise provided herein or by statute that another form of approval is required. 2. Every member present when a vote is taken on any matter shall vote unless he/she has a direct interest in the matter or is excused by a majority weighted vote of the members present. 3. Members must be in their assigned seat when voting. 4. A roll call vote shall be called by the Clerk on any question where it is required by statute or these Rules, or on the request of any member. (See County Law, Section 153, and any amendments) 5. If a roll call vote is commenced on any question, it must be completed. 6. Members shall be called in alphabetical order according to their surnames, except that the Chair (permanent, temporary or Chair Pro-Tem) shall always be called last. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 30 - 7. Any member shall have the right to have his/her vote on any question recorded and entered in the minutes upon his/her request, without explanation and without requesting a roll call vote. 8. An absent legislator cannot vote for or against a motion, however, mathematically the legislature cannot reduce the total number of weighted votes. A member recorded as absent or excused shall have no vote. The total number of weighted votes cannot be reduced by an absence or excuse of a member, so the total vote required to adopt any motion shall be based on the total vote of the full Legislature. ARTICLE XII COMMITTEES 1. Members of all Standing Committees shall be appointed for terms of two years, or until reassigned or removed by the Chair, commencing January 1 of the even-numbered year, but nothing herein contained shall be construed to allow any person to continue to serve on any Committee after ceasing to be a member of the Legislature. 2. In accordance with these Rules, the Chair shall have the authority to reassign or remove committee members. 3. Committees shall operate under these Rules as far as they are applicable, except that the previous question shall not be in order. 4. Each Standing Committee may examine the bills, accounts, and claims of the departments, boards, councils, and authorized agencies assigned to it in these Rules. 5. Each Standing Committee may review and receive recommendations from Legislators and make recommendations to the Budget Officer and/or Budget and Finance Committee regarding department proposed budgets under the jurisdiction of that committee. 6. Each Standing Committee shall have general supervision of and receive articles relating to the departments, boards, councils, and authorized agencies assigned to it in these Rules. 7. Each Standing Committee shall initiate, sponsor, and/or review all resolutions affecting the departments, boards, councils, and authorized agencies assigned to in it these Rules. 8. For any item to be moved from the Standing Committee to the Legislature requires a majority vote of the members present (a quorum being present). ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 31 - 9. Any item having an unbudgeted financial impact on Cortland County shall be presented to the Budget and Finance Committee before being presented to the full Legislature. Resolutions not approved by the Budget and Finance Committee shall be so noted when presented to the Legislature. 10. Each Standing Committee shall fulfill the responsibilities assigned to it 11. Special Committees shall be created by resolution for a period not to exceed the term of the Legislature adopting the resolution. 12. The following are the Standing Committees, their responsibilities, and their composition: A. Budget and Finance – A seven member Committee shall review the tentative budget filed by the County Administrator/Budget Officer and shall consider and recommend appropriations required for all purposes and prepare and report the annual estimates for the tax levy. The Committee shall oversee: The County Treasurer, the County Administrator, the County Auditor, the Department of Real Property Tax Services, occupancy tax, contracts with accountants, Tompkins Cortland Community College (TC3), Industrial Development Agency and Business Development Corporation, tuition charge backs, and all agencies/organizations receiving occupancy tax funding. The Budget & Finance Committee shall serve as the Audit Committee. B. Judiciary and Public Safety – Not less than five nor more than seven members who shall oversee: The District Attorney, including the Child Advocacy Center, Coroners, Public Defender, Sheriff’s Department including the Jail, Special Traffic Options Program for Driving While Intoxicated (STOP-DWI), Probation Department, Department of Emergency Response and Communications, Weights & Measures, and County Clerk, including the Department of Motor Vehicles. The committee shall also oversee the following organizations in their interactions with the County: The Supreme Court, County Court, Family Court, Surrogate’s Court, County Clerk’s function as Clerk of the Court, County Commissioner of Jurors, Justices and Constables, Supreme Court Library, Grand Jury, and the Traffic Safety Board. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 32 - The committee shall also oversee maintenance operation of the Jail, Public Safety Building, and Towers. The cleaning and maintenance of the above complexes shall be under the direction of the Sheriff’s Department, with the exception of utilities, outside maintenance, and existing contracts (e.g. elevators, furnaces, natural gas contracts). C. Personnel – Not less than five nor more than seven members who shall oversee: Personnel/Civil Service Office, County Attorney, Board of Elections and the Legislature. The committee shall also oversee all insurance coverage carried with and by Cortland County and shall recommend such revisions in insurance policies or program coverage as may be necessary to provide for and protect the best interest of the County. The committee shall have general supervision of the management of the County Self Insurance Plan adopted by the County Legislature pursuant to Local Law No. 1 for year 1956. All matters concerning operation and revision of these Rules shall be referred to the Committee. The Committee shall examine and recommend to the full Legislature policies and actions necessary to oversee the County’s overall personnel administration. D. Highway – Not less than five nor more than seven members who shall oversee: County Highway Department, including Highway Department garages, grounds, buildings and the maintenance thereof, used to carry out this function, and the County Airport, Dwyer Park and Little York Lake Dam, the County’s contract with the State for snow removal, and bidding procedures and equipment purchases as they relate to the Highway Department. E. Buildings & Grounds – Not less than five nor more than seven members who shall oversee: The buildings and grounds department, including the construction, maintenance, and repair of all county-owned or rented buildings and grounds. The committee shall have general supervision over Buildings and Grounds Department, Information Technology, the County Safety Office, and all safety issues that affect the County. The committee shall have general supervision of the allocation of space within said buildings, security, and scheduling and fees established for public use. F. Solid Waste Committee: Shall consist of no less than five and no more than seven members who shall oversee operations in the Department of Solid Waste and Cortland County Recycling programs. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 33 - G. Health & Human Services – Shall consist of no less than five and no more than seven members who shall oversee: The Health Department and all divisions, including the Youth Bureau, Mental Health Department, Community Services Board, Board of Health. The committee shall also oversee Social Services, Employment and Training Office and Grant Administration, Office for the Aging and all its divisions, the, Veterans’ Services, and contracted social services agencies. H. Agriculture/Planning/Environmental – Not less than five nor more than seven members who shall oversee: County Planning Department, Central New York Regional Planning Board, County Planning Board, the Southern Tier East Regional Planning and Development Board, , Soil and Water Conservation District, Cooperative Extension, Camp Owahta, Society for Prevention of Cruelty of Animals (SPCA), Linear Park, Lime Hollow Nature Center, Environmental Management Council, Agricultural and Farmland Protection Board, related Consumer Affairs, , and Transit, and shall be responsible for considering all proposals to improve public transportation in the County, including improvements of the State, as opposed to County and Town Highway systems, and develop and oversee such public transportation systems as the Legislature directs. ARTICLE XIII SUSPENSION OR AMENDMENT OF RULES 1. Any Rule may be amended, or rescinded with the approval of an amendment resolution by two-thirds vote of the full Legislature. 2. Any Rule may be suspended with the two-thirds vote of the members present and voting and any suspension shall be effective only while the matter before the Legislature at the time of the suspension remains under discussion. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) - 34 - ARTICLE XIV INTENT OF THESE RULES AND PARLIAMENTARY QUESTIONS It is the intent of this Legislature to determine the rules of its own proceedings pursuant to County Law §153 and Local Law No. 2 for year 1972 establishing the County Legislature with the power to enact local laws or rules governing the conduct of the members at such sessions and the manner of transaction business thereat. Except as otherwise provided herein, the current edition of Robert’s Rules of Order Newly Revised shall govern parliamentary procedure at all meetings. ARTICLE XV EFFECTIVE DATE 1. These Rules shall take effect immediately upon adoption by enabling resolution and shall remain in effect until amended or rescinded. 2. All Rules or resolutions adopting Rules or parts thereof of the Cortland County Legislature inconsistent with these Rules are hereby rescinded and repealed. Adopted January , 2010 - Revised 7-28-11 Adopted January 4, 2012 – Revised 4-26-12, 6-27-13 Adopted January 2, 2014 –Amended 6-26-14 ---PAGE BREAK--- CORTLAND COUNTY DEPARTMENT OF SOCIAL SERVICES CONTRACT AUTHORIZATION LIST FOR 2016 1 CONTRACTOR DESCRIPTION Maximum COST Contract Terms FUNCTION ACCOUNT NUMBER CHARGED TO IN 2016 BUDGET: All Metro Medicaid Personal Care Services State Medicaid set rates 12/31/15 – 12/31/16 Long Term Care State paid CAPCO Medicaid Personal Care Services State Medicaid set rates 12/31/15 – 12/31/16 Long Term Care State paid Catholic Charities Adoption Services 70,000 12/31/15 – 12/31/16 Adoption A60105.54800 Catholic Charities CCSI Parent Partner funding) 64,500 12/31/15 – 12/31/16 Preventive Services A60105.56070 Cortland County Central Services County IT Support 22,000 12/31/15 – 12/31/16 Technical Support - Computers A60105.54083 Cortland County Probation Department PINS Diversion Services 180,000 12/31/15 – 12/31/16 Preventive Services A60105.56070 & A60105.56109 Cortland County Sheriff Department Fraud Investigations 123,000 12/31/15 – 12/31/16 Fraud A60105.54083 Cortland County Sheriff Department On-Site Security 153,000 12/31/15 – 12/31/16 Office Security A60105.54083 Cortland County Sheriff Department Detention Transports 12,000 12/31/15 – 12/31/16 Non-Secure Detention A60105.56123 Cortland County Sheriff Department On-Call Security Services 8,000 12/31/15 – 12/31/16 Child Protective Services A60105.54083 Cortland County Sheriff Department Paper Process Service 10,000 12/31/15 – 12/31/16 Child Support/Child Welfare A60105.54083 Cortland County Veterans Services Offices Veterans Services and Referrals to DSS 142,000 12/31/15 – 12/31/16 Temporary Assistance/SNAP/MA A60105.54083 DNA Diagnostics Paternity Testing Services 18,000 12/31/15 – 12/31/16 Child Support A60105.54500 Elmcrest – Skeele Valley Non-Secure Detention 132,000 12/31/15 – 12/31/16 Non-Secure Detention A60105.56123 Elmcrest Family Support Services 285,000 12/31/15 – 12/31/16 Preventive Services A60105.56070 & A60105.56109 Family Counseling Services, Inc. Alcohol and Drug Screens $83.21/each 12/31/15 – 12/31/16 Temporary Assistance A60105.54500 Family Counseling Services, Inc. Counseling Services 2,000 12/31/15 – 12/31/16 Preventive Services A60105.56070 & A60105.56109 Family Counseling Services, Inc. Behavioral Health Counselor 41,935 12/31/15 – 12/31/16 Child Protective Services A60105.54800.4695 Franciscan Health Support, Inc. Medicaid Personal Care Services State Medicaid set rates 12/31/15 – 12/31/16 Long Term Care State paid Genovese, Jennifer, ACSW, LCSW Counseling for Caseworkers 5,000 12/31/15 – 12/31/16 Child Welfare Staff Support A60105.54035 Resolution 266-15 ---PAGE BREAK--- CORTLAND COUNTY DEPARTMENT OF SOCIAL SERVICES CONTRACT AUTHORIZATION LIST FOR 2016 2 J M Murray Center Comprehensive Employment Services 82,000 12/31/15 – 12/31/16 Temporary Assistance A60105.54800 J M Murray Center Staff Disability Analyst - SSI Determinations 60,000 12/31/15 – 12/31/16 Temporary Assistance A60105.54083 J M Murray Center Job Search 58,000 12/31/15 – 12/31/16 Temporary Assistance A60105.54800 L. Woerner, Inc. Medicaid Personal Care Services State Medicaid rates 12/31/15 – 12/31/16 Long Term Care State paid Lexis Nexis Risk Solutions, FL, Inc. Accurint Search Engine 1,705 12/31/15 – 12/31/16 Administrative Technical Support A60105.54041 Lifeline Systems Medicaid Personal Care Services State Medicaid rates 12/31/15 – 12/31/16 Long Term Care State paid Liberty Resources, Inc. Placement Diversion 230,000 12/31/15 – 12/31/16 Preventive Services A60105.56070 & A60105.56109 PMI Document Solutions, Inc. Maintenance agreement for microfiche machine 620 12/31/15 – 12/31/16 Administrative Technical Support A60105.54050 Stafking Healthcare Systems, Inc Medicaid Personal Care Services State Medicaid rates 12/31/15 – 12/31/16 Long Term Care State paid YWCA Non-Residential Services - AVV 47,000 12/31/15 – 12/31/16 Domestic Violence Services A60105.54083 YWCA AVV Residential Services State established $78.99/day 12/31/15 – 12/31/16 Domestic Violence Services A60105.56109, A60105.56140, or A60105.56142 ---PAGE BREAK--- Personnel Contracts Resolution 276-15 Contractors Services Provided Period Amount Accounts to be charged PSTEK Personnel Software Support 12/31/15-12/31/16 6,350.00 $ A14305-54014 Family and Children's Services of Ithaca Contracted Medical Services 12/31/15-12/31/17 2,000.00 $ A14305-54615 ESI Group Contracted Medical Services 12/31/15-12/31/16 3,000.00 $ A14305-54615 Resources Pschological Testing 12/31/15-12/31/17 1,100.00 $ A14305-54505 Family Health Network Employee Expenses 12/31/15-12/31/17 5,000.00 $ A14305-54380 Coughlin and Gerhardt Legal Services 12/31/15-12/31/17 60,000.00 $ A14305-54063 YMCA Employee Expenses 12/31/15-12/31/17 1,000.00 $ A14305-54380 Hogan Drug and Alcohol Testing, LLP Employee Expenses 12/31/15-12/31/17 6,000.00 $ A14305-54380 EBS Benefit Solutions-Dental Admin/Bills 12/31/15-12/31/16 * CH90605-58800 Claims/54700 Admin EBS Benefit Solutions-Vision Admin/Bills 12/31/15-12/31/16 * CH90605-58800 Claims/54700 Admin EBS Benefit Solutions-Flex Admin-Billing 12/31/15-12/31/16 * A19405-54770 EBS Benefit Solutions-Retiree Billing Admin/Bills 12/31/15-12/31/16 * CH90605-58800 Claims/54700 Admin One Group Consulting 12/31/15-12/31/17 * CH90605-54755 Durmondy Burke and Brown Audit 10/30/15-12/31/15 7,300.00 $ A14305-54750 * Health Ins. Accounts ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- November 19, 2015 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---