Document cortlandcountyny_gov_doc_39e0471566

CERTIFICATE AS TO THE PROCEEDINGS OF THE CORTLAND COUNTY LEGISLATURE State of New York County of Cortland County Legislature Pursuant to statute, I hereby certify that the foregoing volume was printed by the authority of the Cortland County Legislature and contains a true copy of the proceedings of said Legislature and the whole thereof, at its sessions, special sessions and the annual session, held during the year two thousand and fourteen. Dated: June 1, 2017 Eric J. Mulvihill Clerk of the Legislature ---PAGE BREAK--- 1890 HOUSE 45-14 Authorize Agreement - Cortland County (1890 House) 32 AGING 68-14 Amend Budget - Area Agency on Aging (Systems Integration Grant) 48 96-14 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 72 97-14 Accept Bids/Authorize Purchase - Area Agency on Aging - Nutrition - Paper Goods and Maintenance Supplies 73 150-14 Authorize Agreement - Area Agency on Aging/Elizabeth Brewster House 125 189-14 Authorize Agreement - Area Agency on Aging - Cortland County Community Action Program, Inc. (CAPCO) 189 192-14 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 191 193-14 Accept Bids/Authorize Purchase - Area Agency on Nutrition - Milk and Dairy Products 192 195-14 Authorize Agreement - Area Agency on Aging - Various Agencies 194 223-14 HEAP Contract with Office for the Aging 216 277-14 Authorize Agreements - Area Agency on Aging/Nutrition (Harford, Homer, Marathon, McGraw, Truxton, and Willet Senior Centers 271 278-14 Accept Bids/Authorize Purchase - Area Agency on Aging - Nutrition - Paper Goods and Maintenance Supplies 271 279-14 Accept Bids/Authorize Purchase - Area Agency on Aging - Nutrition - Miscellaneous Groceries and Frozen Foods 272 296-14 Authorize Agreements - Area Agency on Aging (Several Agencies, Departments, Etc.) 290 301-14 Authorize Agreement - Employment and Training Department (Operation of Year-Round Program) 294 320-14 Authorize Agreement - Mental Health Department - Area Agency on Aging 312 336-14 Amend Budget - Area Agency on Aging (Title IIIE, EISEP) 327 360-14 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 352 228-14 Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Market Farmland Protection Implementation Program to Purchase Development Rights on Gary and Christine Slade's Peaceful Valley Farm, Town of Homer and Scott, Cortland County - Cortland County Planning Department 220 229-14 Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Market Farmland Protection Implementation Program to Purchase Development Rights on William and Jeanne Underwood Farm, Town of Preble, Cortland County - Cortland County Planning Department 221 AIRPORT 95-14 Approve National Grid Electric Service Proposal - Snow Removal Equipment - Building Construction Project - Airport/Highway 69 92-14 Appoint Member - Syracuse Regional Airport Authority 68 95-14 Approve National Grid Electric Service Proposal - Snow Removal Equipment - Building Construction Project - Airport/Highway 69 173-14 Adopt Proposed Local Law No. 13 of 2014 - A Local Law Restating Local Law No. 8 of 2012 Establishing Procedures for Leasing County Property at the Cortland County Airport 171 185-14 Accept Grant - NY State Aviation Capital Grant, Authorize Project and Local Share Funding - Construct New T- Hangar - Cortland County Airport/Highway Department 186 270-14 Resolution to Approve Project, Authorize Acceptance of Grants, Authorize Project, Authorize Engineering Agreement, Authorize Equipment Purchase - Snow Removal Equipment - Cortland County Airport - Highway Department 263 01-14 Selecting Chair of the County Legislature and Setting Official Undertaking 1 02-14 Appoint Clerk of the Legislature 2 03-14 Appoint Cortland County Auditor 3 04-14 Appoint Veteran's Service Officer 4 05-14 Appoint Public Defender 4 06-14 Appoint Cortland County Attorney 5 11-14 Re-Appoint Community Service Board Members 9 12-14 Appoint/Re-Appoint CSB Subcommittee Members 10 13-14 Appoint Member Open Space Commission - NYSDEC 11 14-14 Appoint Members TC-3 Financial Oversight Committee 12 15-14 Appoint Cortland County Liaison - TC-3 Board of Trustees 12 16-14 Appoint Members Cortland County Board of Health 12 17-14 Appoint Member Jury Board 13 2014 AGRICULTURE APPOINTMENTS ---PAGE BREAK--- 18-14 Appointing Member to Municipal Electric & Gas Alliance Corporation 13 19-14 Appoint Members Cooperative Extension Board of Directors 14 20-14 Appoint Members - Soil & Water Conservation District Board of Directors 14 54-14 Appoint Member - CNY Regional Market Authority 39 55-14 Appoint/Re-Appoint Members - Cortland County Youth Bureau 40 56-14 Appoint Legislative Representatives to the Occupancy Tax Allocation Committee 41 57-14 Appoint Members - Central New York Regional Planning and Development Board 41 58-14 Appoint Members - Cortland County Industrial Development Agency 42 59-14 Appoint Member - Cortland County Fire Advisory Board 42 66-14 Appoint Members - Community Services Board - Mental Health 47 90-14 Appoint Members - Region 7 Fish and Wildlife Management Board 66 91-14 Appoint Records Management Advisory Board 67 92-14 Appoint Member - Syracuse Regional Airport Authority 68 93-14 Appoint Members - Central New York Regional Planning and Development Board 68 117-14 Appoint At Large Member to Soil and Water Conservation Board 94 118-14 Appoint Member Employment and Training Grant Administration - Cayuga/Cortland Workforce Investment Board 95 119-14 Appoint Members Cortland County Emergency Medical Services Advisory Board 95 120-14 Appoint Member - Cortland County Industrial Development Agency 96 121-14 Appoint Members Developmental Disabilities Subcommittee 97 122-14 Appoint Grants Administrator - Employment and Training 97 180-14 Appoint/Re-appoint Members - Cortland County Planning Board 180 240-14 Appoint/Re-Appoint Members - Cortland County Youth Bureau 230 347-14 Appoint Member to Soil and Water Conservation Board - Eugene Write - Grange Representative 343 348-14 Appoint Member Cortland County Board of Health - Marie Walsh 343 349-14 2015 Fire Advisory Board Appointment/Reappointment 344 350-14 Re-Appoint Member - Cortland County Board of Health - Stuart Douglas, DDS 345 03-14 Appoint Cortland County Auditor 3 135-14 Amend Cortland County Purchasing & Procurement Policy - Legislature 110 266-14 Amend Petty Cash Resolution No. 178-11 - Authorize Legislature Account - Budget and Finance 260 269-14 Create Temporary Assistant Budget Officer - Budget and Finance 263 375-14 Create Director of Budget and Finance 363 60-14 Accept Proposal/Authorize Agreement - Pleasant Valley Electric, Inc. - Buildings and Grounds Department 43 140-14 Accept Proposal/Authorize Agreement - Participate in National Grid Small Business Program - Buildings and Grounds Department 117 243-14 Renew/Authorize Agreement - Cortland County/Energy Curtailment Specialist, Inc. - Buildings & Grounds 232 251-14 Amend Agreement Contract 360-12 and Resolution 288-12 - Siemens Industry, Inc. - Buildings and Grounds 238 271-14 Renew Agreement - Buildings and Grounds - Waste Management of New York, LLC 266 291-14 Authorize Agreement Buildings & Grounds (6th Judicial Court District) 287 355-14 Accept Proposal/Authorize Agreement - Amend Budget - Participate in Smart Watt Program- Buildings and Grounds Department 347 161-14 Authorize Agreement/Amend Budget - Chamber of Commerce 135 232-14 Authorize Agreement with John C. Lowery, Inc., - Child Advocacy Center 223 02-14 Appoint Clerk of the Legislature 2 CNY LIVING HISTORY CENTER 46-14 Authorize Agreement - Cortland County (CNY Living History Center) 32 51-14 Authorize Agreement - Cortland County - Convention and Visitors Bureau for Provision of Public Benefits Services for Promotion and Publicity 35 343-14 Designate Tourism Promotion Agency - Cortland County Convention and Visitors Bureau 338 373-14 Authorize Occupancy Tax Allocation - Cortland County Convention and Visitor's Bureau 361 19-14 Appoint Members Cooperative Extension Board of Directors 14 43-14 Authorize Agreement - Cortland County (Cornell Cooperative Extension) 31 CONVENTION AND VISITORS BUREAU CORNELL COOPERATIVE EXTENSION CLERK OF THE LEGISLATURE BUDGET AND FINANCE/COUNTY AUDITOR BUILDINGS AND GROUNDS CHAMBER OF COMMERCE CHILD ADVOCACY PROGRAM ---PAGE BREAK--- 308-14 Authorize Agreements - Twin Tier Pathology PC - County Coroners 299 309-14 Authorize Agreement - Emergency Medical Physicians - County Coroner 300 310-14 Authorize Appointment of Coroner's Physician - County Coroner 300 31-14 Re-Appropriate Funds Amend Jail Renovations 2014 22 237-14 Authorize Agreement/Funding Business Development Corporation 226 61-14 Adopt Social Media Policy (County Administration) 44 105-14 Resolution in Support of Statewide Indigent Defense Legal System and Settlement of Hurrell-Harring, Et. Al. V. 79 211-14 Transfer Funds/Amend Budget - County Administration 205 234-14 Authorize Contract/Amend Budget - Occupancy Tax Audit - Bonadio & Co., LLP - County Administrator 224 235-14 Authorize Agreement - Fiscal Advisors - County Administration 225 06-14 Appoint Cortland County Attorney 5 159-14 Create Secretary to the County Attorney (Full Time) County Attorney 132 307-14 Amend 2014 Budget - County Attorney/Assigned Counsel 298 166-14 Adopt Proposed Local Law No. 3" of 2014 - a Local Law Restating Local Law No. 3 of 2008 Providing for Enhanced Personal Privacy Protection for Documents Recorded in the Office of the County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk from for the Recording, Entering, Indexing and Endorsing a Certificate on Any Instrument 148 176-14 Adopt Proposed Local Law No. 10 of 2014 - A Local Law Restating Local Law No. 8 of 2013 Amending Local Law No. 3 of 2011, Imposing a Mortgage Recording Tax in Cortland County 176 COURTS 291-14 Authorize Agreement Buildings & Grounds (6th Judicial Court District) 287 232-14 Authorize Agreement with John C. Lowery, Inc., - Child Advocacy Center 223 ELECTIONS 40-14 Adopt Proposed Local Law 2 for the Year 2014 - A Local Law Setting the Salary of Cortland County Election Commissioners 29 110-14 Authorize Contract/Amend Budget - Dominion Voting Systems Corp. - Board of Elections 83 181-14 Adopt Proposed Local Law for the Year 2014 - A Local Law Setting the Salary of Cortland County Election Commissioners 181 208-14 Appoint Democratic Election Commissioner 203 209-14 Oppose the Passage of Legislation to Allow Earl Voting, or to Allow Counties to Opt-In to Early Voting Opportunities, and for the State to Fully Fund Any Increased Costs Associated with Early Voting 204 236-14 Amend Budget Mc & E/Election Source - Board of Elections 226 255-14 Amend Budget - Board of Elections 241 312-14 Amend Budget - Board of Elections 302 319-14 Adopt Proposed Local Law No. 20 for the Year 2015 - A Local Law Setting the Salary of Cortland County Election Commissioners 310 342-14 Authorize Agreement - NTS Data Services, LLC - Board of Elections 338 EMERGENCY RESPONSE AND COMMUNICATIONS (ALSO SEE FIRE AND EMERGENCY MANAGEMENT) 133-14 Amend 2014 Budget - Emergency Response and Communications - (NYS Department of Homeland Security & Emergency Services - C970010) 109 158-14 Amend 2014 Budget Department of Emergency Response and Communications 131 174-14 Adopt Proposed Local Law No. 9 of 2014 - A Local Law Restating Local Law No. 1 of 2013 Establishing the Position of Director of Emergency Response and Communications 172 250-14 Consulting Services - Emergency Management 237 252-14 911 Recorder Contract - Department of Emergency Response and Communications 239 253-14 Accept 2014 NYS Homeland Security Funds - Department of Emergency Response and Communications 239 254-14 Accept 2014 Wireless 911 Grants Funds - Amend 2014 Budget - Department of Emergency Response and Communications 240 283-14 Accept 2014 - DHSES Grant Funding for Department of Emergency Response & Communications 276 COUNTY ATTORNEY COUNTY CLERK DISTRICT ATTORNEY CORONER CORRECTIONS CORTLAND COUNTY BUSINESS DEVELOPMENT CORPORATION COUNTY ADMINISTRATOR ---PAGE BREAK--- 362-14 Expend HMEP Grant Funds/Transfer 2014 Budget Funds - Department of Emergency Communications 353 367-14 Amend 2015 Budget - Emergency Response and Communications - New York System 357 98-14 Accept Grant/Amend Budget - Department of Employment and Training/Grant Administration - Disability Employment Initiative Request for Proposals 74 99-14 Abolish/Create - Grant Administration - Grants Administrator (Full Time)/Grants Administrator (Part Time) 75 116-14 Accept Grant/Amend Budget - Department of Employment and Training/Grant Administration - Disability Employment Initiative 91 118-14 Appoint Member Employment and Training Grant Administration - Cayuga/Cortland Workforce Investment Board 95 122-14 Appoint Grants Administrator - Employment and Training 97 151-14 Authorize Agreement - Employment and Training Grant Administration Department/Cayuga-Cortland Workforce Investment Board (WIB) and the Chief Elected Officials of Cayuga and Cortland Counties 125 226-14 Appoint Employment and Training Director - Employment and Training Department 218 274-14 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2014-2015 for the Workforce Investment Act Title 1-B and Wagner Peyser Programs - Workforce Investment 269 282-14 Amend 2014 Budget - Sale of Surplus Equipment - Education and Training 275 301-14 Authorize Agreement - Employment and Training Department (Operation of Year-Round Program) 294 ENVIRONMENTAL IMPACT STATEMENT (SEQR) 128-14 Resolution Authorizing Cortland County to Proceed as Co-Lead Agency with Onondaga County for the Review of the Proposed Regional Solid Waste Partnership Project Pursuant to the State Environmental Quality Review ("SEQR") Act, and Approving the Revision and Distribution of Certain SEQR Documents - Solid Waste 104 201-14 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails - Authorize the Chairman to Sign the 2014-2015 SEQR Form - Planning Department 198 259-14 SEQR Determination - TC3 Capital Improvement Project 247 326-14 SEQR Negative Declaration for Adoption of the Cortland County Local Solid Waste Management Plan 318 328-14 Resolution Determining the Draft Environmental Impact Statement (DEIS) for the Proposed Regional Solid Waste Partnership Under the State Environmental Quality Review Act (SEQRA), with Cortland County Acting as Co- Lead Agency with Onondaga County, to be Adequate in Terms of Scope and Content to Commence Public Review Pursuant to SEQRA; Authorizing the Publication, Circulation, Service and Filing of the DEIS Documents; and Calling for a Public Hearing 320 FEDERATION OF SPORTSMEN 50-14 Authorize Agreement - Cortland County (Federation of Sportsmen) 34 47-14 Authorize Agreement - Finger Lakes Library Association 33 89-14 Purchase Computer Aided Dispatch (CAD) Software - Fire and Emergency Management 65 106-14 Amend 2014 Budget - Sheriff's Department (New York State Division of Homeland Security and Emergency Services Grant) 80 250-14 Consulting Services - Emergency Management 237 252-14 911 Recorder Contract - Department of Emergency Response and Communications 239 253-14 Accept 2014 NYS Homeland Security Funds - Department of Emergency Response and Communications 239 254-14 Accept 2014 Wireless 911 Grants Funds - Amend 2014 Budget - Department of Emergency Response and Communications 240 283-14 Accept 2014 - DHSES Grant Funding for Department of Emergency Response & Communications 276 362-14 Expend HMEP Grant Funds/Transfer 2014 Budget Funds - Department of Emergency Communications 353 365-14 Accept Grant Award - Emergency Response and Communications - PSAP 356 366-14 Accept Grant Award - Emergency Response and Communications - DCJS Computer Equipment 356 367-14 Amend 2015 Budget - Emergency Response and Communications - New York System 357 16-14 Appoint Members Cortland County Board of Health 12 23-14 Accept Funds - Health Department/Administration Integrated Cancer Services Program 17 24-14 Amend Resolution No. 52-13 - Authorize Agreements Health Department/Environmental Health Rabies Program 18 25-14 Authorize Amended Agreement - Health Department/Administration/Special Programs - Traffic Safety and Injury Prevention Program 18 26-14 Accept Funds Health Department/Children with Special Health Care Needs Program) Cost of Living Adjustment (COLA) 19 27-14 Accept Funds Health Department/Jacobus Center for Reproductive Health (Family Planning Program) Cost of Living Adjustment (COLA) 20 EMPLOYMENT AND TRAINING / GRANT ADMINISTRATION FIRE AND EMERGENCY MANAGEMENT (ALSO SEE EMERGENCY RESPONSE AND COMMUNICATIONS) FINGER LAKES LIBRARY ASSOCIATION HEALTH DEPARTMENT ---PAGE BREAK--- 28-14 Accept Funds Health Department/Lead Poisoning (Lead Poisoning Prevention Program) Cost of Living Adjustment (COLA) 20 29-14 Accept Funds Health Department/Environmental Health Rabies Reimbursement Cost of Living Adjustment (COLA) 21 30-14 Accept Funds Health Department/Tobacco (Tobacco Use Prevention Program Cost of Living Adjustment (COLA) 21 65-14 Authorize Agreement - Health Department/Hospice - Transfer Certificate of Need 46 67-14 Authorize Agreement/Accept Funds - Health Department/Jacobus Center for Reproductive Health (State Grant) 48 69-14 Authorize Amended Agreement - Health Department/Nursing Division (EMR/HER - Community Computer Service, Inc., MEDENT®) 49 71-14 Amend Budget - Health Department/Nursing Administration Billing RFA (#IMM - 2013-01) 50 74-14 Authorize Agreements - Health Department/Nursing Division - CalSource Metrology Solutions 52 76-14 Accept Funds - Health Department/Administration - Integrated Cancer Services Program Cost of Living Adjustment (COLA) 54 100-14 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program (EIP NYS Grant) 75 101-14 Abolish/Create - Health Department/Hospice Division - Director of Hospice/Assistant Director of Patient Services (Temporary, 17.5 Hours/Week) 76 112-14 Authorize Agreement - Health Department/Hospice - Transfer Certificate of Need (Asset Purchase Agreement/Management Agreement) 85 131-14 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program NYS Grant) 107 152-14 Authorize Agreement/Accept Funds - Health Department/Administration (Health Places to Live, Work, and Play Grant) 126 153-14 Authorize Agreement/Accept Funds - Health Department Drinking Water Program 127 154-14 Authorize Agreement/Accept Funds - Health Department/Administration (Healthy Neighbors Program Grant) 127 155-14 Authorize Agreements - Health Department/Children with Special Needs Program (Contracts for Service) 128 156-14 Authorize Agreement/Accept Funds - Health Department Jacobus Center for Reproductive Health (Health Information Technology) 130 157-14 Authorize/Accept Funds - Health Department - Tobacco Enforcement Program 131 188-14 Authorize Agreement/Accept Funds - Health Department/Administration - Integrated Cancer Services Program 188 190-14 Authorize Agreement/Accept Funds - Health Department/Administration (Advancing Tobacco Free Communities) 189 191-14 Authorize Agreement - Health Department/Administration - Emergency Preparedness Services 190 196-14 Authorize Agreements - Health Department - Educational Institutions 194 197-14 Create Public Health Educator - Health Department 195 221-14 Abolish/Create Health Department Registered Nurse (Part-Time, 2 Positions) /Public Health Nurse or Registered Nurse (Full Time) - Health Department 215 245-14 Accept Funds - Health Department/Jacobus Center for Reproductive Health - Family Planning Program - Cost of Living Adjustment (COLA) 234 246-14 Authorize Agreement/Accept Funds - Health Department - Lead Poisoning Prevention Grant 234 247-14 Authorize Agreement - Health Department/Children with Special Needs Division - Software Pre-K 235 276-14 Authorize Agreement/Accept Funds - Health Department/Administration - Special Programs - Breast & Cervical Cancer Early Detection Programs 270 294-14 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program (EIP NYS Grant) 289 295-14 Accept Funds Health Department - Hospice 289 304-14 Authorize Agreement/Accept Funds - Health Department/Administration - Special Programs Traffic Safety and Injury Prevention Program Child Passenger Safety Program 296 305-14 Authorize Agreement/Accept Funds - Health Department/Administration - Special Programs Traffic Safety and Injury Prevention Program 297 334-14 Authorize Agreement/Accept Funds - Health Department/Nursing Administration - Local Health Department Performance Incentive Initiative 2013-2014 325 335-14 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program - NYS GRANT) 326 361-14 Accept Funds - Health Department/Immunization - Immunization Program - Cost of Living Adjustment (COLA) 353 21-14 Authorize Agreement - New York State - Kinney Gulf Bridge Replacement Project - Highway 15 22-14 Authorize Agreement - New York State - Bridge Painting Project - Highway 16 63-14 Transfer Funds/Highway Projects - Highway Department 45 64-14 Approval to Purchase Road Salt - State of New York Office of General Services - Highway Department 45 86-14 Highway Department - Highway Maintenance Supervisor Reallocate Salary/Grade (Amend Management Compensation Plan) 61 95-14 Approve National Grid Electric Service Proposal - Snow Removal Equipment - Building Construction Project - Airport/Highway 69 HIGHWAY ---PAGE BREAK--- 108-14 Reallocate Salary - Superintendent of Highways 81 113-14 Award Solid Waste Construction and Professional Services Agreements - Landfill Capping Project - Solid Waste Department [Also see Page 70] 86 114-14 Establish Project/Award Agreement for County Highway Building HB-1 - ACM Mitigation - Highway Department 88 115-14 Award Bids - Highway Department 90 123-14 Extend Bids - Highway Department 98 124-14 Award Contract - Fleet Leasing Services - Highway Department 99 125-14 Award Construction Agreement - E. Keeney Road Bridge Over East Branch Tioughnioga Creek Rehabilitation (BIN 3312340) Highway Department 100 126-14 Award Construction Agreement - Youngs Crossing Large Culvert Replacement - C.I.N. 114B-0397-5.50 - Highway Department 101 127-14 Award Construction Agreement - Design, Supply and Installation of a Precast Concrete Box Culvert - Texas Valley Road (CR 161B) C.I.N. 161B-0508-114.50 - Highway Department 102 128-14 Resolution Authorizing Cortland County to Proceed as Co-Lead Agency with Onondaga County for the Review of the Proposed Regional Solid Waste Partnership Project Pursuant to the State Environmental Quality Review ("SEQR") Act, and Approving the Revision and Distribution of Certain SEQR Documents - Solid Waste 104 129-14 Authorize Amnesty Week - Highway Department/Landfill 105 142-14 Authorize Issuance of a Theatrical Production and Custodial License - Highway Department - Dwyer Park (Cortland Repertory Theatre) 118 143-14 Authorize Agreement - Dwyer Park 2014 Celtic Festival - Highway Department 119 144-14 Amend 2014 Budget Recognizing Federal Disaster Assistance Funding - Highway Department 120 145-14 Establish Project/Amend Budget - Highway Department (Extreme Winter Recovery) 120 146-14 Rental Contract - Cortland County Agricultural Corporation - Highway Department 121 147-14 Award Bid for Tires Retread/Recapped - Highway Department 122 148-14 Authorize McLean Road Large Culvert Hydrologic/Hydraulic Study - Highway Department 123 149-14 Award the Handling, Transportation and Safe Disposal of Household Hazardous Waste Agreement - Highway Department/Landfill 123 162-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements of Various Culverts in and for the County of Cortland, New York, at a Maximum Estimated Cost of $810,000, and Authorizing the Issuance of Up to $810,000 Bonds of Said County to Pay the Cost Thereof 136 163-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements of Various Bridges in and for the County of Cortland, New York, at a Maximum Estimated Cost of $458,000, and Authorizing the Issuance of Up to $458,000 Bonds of Said County to Pay the Cost Thereof 138 164-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements of Various Highways in and for the County of Cortland, New York, at a Maximum Estimated Cost of $1,826,438, and Authorizing the Issuance of Up to $197,000 Bonds of Said County to Pay the Cost Thereof 141 165-14 Authorizing the Issuance of up to $868,000 Bonds - Landfill Capping Project 143 170-14 Adopt Proposed Local Law No. 6 of 2014 - A Local Law Restating Local Law No. 6 of 20-11 Providing That a Road Preservation Permit Shall be Required for Use of County Roads by Vehicles Which Exceed the Weight or Dimensional Limits in NYS Vehicle and Traffic Law Sections 285 and 1650(4) 155 172-14 Adopt Proposed Local Law No. 8 of 2014 - A Local Law Restating Local Law No. 4 - A Local Law Restating Local Law No. 4 of 2012 Establishing a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill 160 173-14 Adopt Proposed Local Law No. 13 of 2014 - A Local Law Restating Local Law No. 8 of 2012 Establishing Procedures for Leasing County Property at the Cortland County Airport 171 177-14 Authorize Agreement - Bonadio Group - Highway Operations Audit 177 183-14 Abolish Heavy Equipment Operator (HEO) - Create Motor Equipment Operator (MEO) - Highway Department 184 184-14 Award Construction Agreement Dutch Hill Road Rehabilitation Project - Highway Department 184 185-14 Accept Grant - NY State Aviation Capital Grant, Authorize Project and Local Share Funding - Construct New T- Hangar - Cortland County Airport/Highway Department 186 186-14 Amend 2014 Budget Recognizing State Funds for Snow and Ice Removal - Highway Department 187 187-14 Transfer Funds/Highway Projects - Highway Department 187 215-14 Award Highway Bid - Metal Object Removal Bid - Highway Department/Solid Waste 211 216-14 Create Part-Time Park Attendant Position - Highway Department 211 217-14 Appoint Superintendent of Highways - Highway Department 212 218-14 Authorize Exemption from Tipping Fees - River Clean Up - Cortland County Highway Department Division of Solid Waste 213 219-14 Authorize Agreement - Environmental Capital - Solid Waste 213 262-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing Issuance of $1,417,500 Bonds of the County of Cortland to Pay a Portion of the Cost of Reconstruction and Improvements to the Little York Dam Located Within the County 252 ---PAGE BREAK--- 263-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Culverts in and for the County of Cortland, New York, at a Maximum Estimated Cost of $1,167,075, and Authorizing the Issuance of Up to $1,167,075 Bonds of Said County to Pay the Cost Thereof 254 264-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Bridges in and for the County of Cortland, New York, at a Maximum Estimated Cost of $517,925, and Authorizing the Issuance of Up to $517,925 Bonds of Said County to Pay the Cost Thereof 257 270-14 Resolution to Approve Project, Authorize Acceptance of Grants, Authorize Project, Authorize Engineering Agreement, Authorize Equipment Purchase - Snow Removal Equipment - Cortland County Airport - Highway Department 263 290-14 Resolution to Approve Modification of Fee Schedule for Disposal of Tires at Cortland County Solid Waste Facilities - Highway Department 286 292-14 Authorize Extension of State Snow/Ice Control Agreement - Highway Department 288 293-14 Resolution to Approve Contract for Engineering Replacement of Kinney Gulf Road Bridge, B.I.N. 3311860 - Highway Department 288 322-14 Resolution to Approve Contract for Engineering and Construction Inspection - Cortland County Bridge Painting - Various Locations (NYSDOT P.I.N. 3756.03) Highway Department 314 323-14 Rescind Award of Steel Snow Plow Edges and Grader Blades - Highway Department 315 324-14 Award Highway Fuel System Service Agreement - Highway Department 315 325-14 Award Engineering Services Term Agreement - Highway Department and Solid Waste Division 316 326-14 SEQR Negative Declaration for Adoption of the Cortland County Local Solid Waste Management Plan 318 327-14 Adopt Cortland County Solid Waste Management Plan (SWMP) 319 328-14 Resolution Determining the Draft Environmental Impact Statement (DEIS) for the Proposed Regional Solid Waste Partnership Under the State Environmental Quality Review Act (SEQRA), with Cortland County Acting as Co- Lead Agency with Onondaga County, to be Adequate in Terms of Scope and Content to Commence Public Review Pursuant to SEQRA; Authorizing the Publication, Circulation, Service and Filing of the DEIS Documents; and Calling for a Public Hearing 320 329-14 Authorize Amendment to 2014 Transportation and Safe Disposal of Household Hazardous Waste Agreement - Highway Department/Landfill 322 330-14 Household Hazardous Waste Application - Highway Department/Landfill 322 331-14 Authorize Agreement - Environmental Monitoring - Highway Department/Landfill 323 332-14 Authorize Agreement - Leachate Testing - Highway Department/Landfill 324 356-14 Authorize Agreement - New York State - Blodgett Mills Road Bridge Over Tioughnioga River - Highway 348 357-14 Authorize McLean Road Large Culvert Hydrologic/Hydraulic Study - Phase 4 - Highway Department 349 358-14 Authorize Agreement/Amend Budget - Gerhardt LLC - OCCRA - Solid Waste/Landfill 350 359-14 Resolution to Amend Contract to Accept Tires at Recycling Facility - Highway Department/Solid Waste 351 359-14 Resolution to Amend Contract to Accept Tires at Recycling Facility - Highway Department/Solid Waste 351 HISTORICAL SOCIETY 09-14 Authorize Agreement Pitney Bowes Postage Machine - Information Technology 8 10-14 Authorize Agreement Information Technology (All-Mode Communications, Inc.) 9 61-14 Adopt Social Media Policy (County Administration) 44 94-14 Authorize Agreement - Folder/Sealer Machine - Information Technology Services 69 107-14 Support for 2014 Public Safety Answering Point Grant - Information Technology 81 141-14 Authorize Agreement - Trebron Company, Inc. - Information Technology 117 241-14 Award Copier Lease - Information Technology Services 230 242-14 Amend Budget - Computer Hardware - Information Technology Services 231 313-14 Amend 2014 Budget - Information Technology - Phone Switch Infrastructure - Phone System 303 314-14 Amend 2014 Budget - Information Technology - Phone Switch Infrastructure - Internet System Backup 303 351-14 Authorize Agreement (MUNIS) - Information Technology 345 352-14 Authorize Contract - Information Technology - Support Services 2015 - Cortlandville Fire District 345 353-14 Authorize Contract - Information Technology - Support Services 2015 - Town of Cortlandville 346 354-14 Authorize Contract Renewal - Service Contract for RS6000 Sheriff's Messaging Server - Systems Maintenance Services - Information Technology Services 347 370-14 Accept Bids/Authorize Contract - HP Switches and Associated Components - Information Technology (SHI) 359 HISTORIAN HOME RULE INFORMATION TECHNOLOGY ---PAGE BREAK--- 258-14 Adopt Local Law of 2014 - Amending Law No. 1 for the Year 2008 Which Established a Plan of Mutual Self- Insurance for Worker's Compensation; Amend Rules and Regulations of Apportionment 243 303-14 Amend Budget/Transfer Funds - Department of Social Services - Health Insurance 296 01-14 Selecting Chair of the County Legislature and Setting Official Undertaking 1 02-14 Appoint Clerk of the Legislature 2 03-14 Appoint Cortland County Auditor 3 04-14 Appoint Veteran's Service Officer 4 05-14 Appoint Public Defender 4 06-14 Appoint Cortland County Attorney 5 07-14 Adopt Rules of Order 5 08-14 Designate Official Paper 6 09-14 Authorize Agreement Pitney Bowes Postage Machine - Information Technology 8 10-14 Authorize Agreement Information Technology (All-Mode Communications, Inc.) 9 11-14 Re-Appoint Community Service Board Members 9 12-14 Appoint/Re-Appoint CSB Subcommittee Members 10 13-14 Appoint Member Open Space Commission - NYSDEC 11 14-14 Appoint Members TC-3 Financial Oversight Committee 12 15-14 Appoint Cortland County Liaison - TC-3 Board of Trustees 12 16-14 Appoint Members Cortland County Board of Health 12 17-14 Appoint Member Jury Board 13 18-14 Appointing Member to Municipal Electric & Gas Alliance Corporation 13 19-14 Appoint Members Cooperative Extension Board of Directors 14 20-14 Appoint Members - Soil & Water Conservation District Board of Directors 14 21-14 Authorize Agreement - New York State - Kinney Gulf Bridge Replacement Project - Highway 15 22-14 Authorize Agreement - New York State - Bridge Painting Project - Highway 16 23-14 Accept Funds - Health Department/Administration Integrated Cancer Services Program 17 24-14 Amend Resolution No. 52-13 - Authorize Agreements Health Department/Environmental Health Rabies Program 18 25-14 Authorize Amended Agreement - Health Department/Administration/Special Programs - Traffic Safety and Injury Prevention Program 18 26-14 Accept Funds Health Department/Children with Special Health Care Needs Program) Cost of Living Adjustment (COLA) 19 27-14 Accept Funds Health Department/Jacobus Center for Reproductive Health (Family Planning Program) Cost of 20 28-14 Accept Funds Health Department/Lead Poisoning (Lead Poisoning Prevention Program) Cost of Living Adjustment (COLA) 20 29-14 Accept Funds Health Department/Environmental Health Rabies Reimbursement Cost of Living Adjustment (COLA) 21 30-14 Accept Funds Health Department/Tobacco (Tobacco Use Prevention Program Cost of Living Adjustment (COLA) 21 31-14 Re-Appropriate Funds Amend Jail Renovations 2014 22 32-14 Amend 2014 Budget No-Cost Time Extension of Local/Miscellaneous Contract New York State Department of Transportation (NYSDOT) Section 5316 - Job Access Reverse Commute (JARC) Section 5317 - New Freedom (NF) Cortland County Planning Department 23 33-14 Authorize Chairman to Sign 2014 Agreement Central New York Regional Planning Development Board - Planning Department 24 34-14 Authorize Chairman to Sign 2014 Agreement Cortland County and Southern Tier East Regional Planning Development Board - Planning Department 24 35-14 Authorize Agreement Cortland County and Cartographic Associates, Inc. (DBA: CAII Technologies) - Planning Department 25 36-14 Amend 2014 Budget NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years NYS DOT Contract Number C003761 Planning Department 26 37-14 Amend 2014 Budget Reserve Account Auction/Sale of Public Transit Buses - Planning Department 26 38-14 Amend Budget - Re-appropriate Funds from 2013 to 2014 - County Legislature 27 39-14 Adopt Proposed Local Law 1 for the Year 2014 - A Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office 28 40-14 Adopt Proposed Local Law 2 for the Year 2014 - A Local Law Setting the Salary of Cortland County Election Commissioners 29 41-14 Authorize Tax Collection System Support Agreement - Treasurer's Office 30 LEGISLATURE INSURANCE JAIL (see CORRECTIONS) LANDFILL (see HIGHWAY) ---PAGE BREAK--- 42-14 Authorize Payment - Cortland County - Cortland County Soil and Water Conservation District) 30 43-14 Authorize Agreement - Cortland County (Cornell Cooperative Extension) 31 44-14 Authorize Agreement - Cortland County SPCA 31 45-14 Authorize Agreement - Cortland County (1890 House) 32 46-14 Authorize Agreement - Cortland County (CNY Living History Center) 32 47-14 Authorize Agreement - Finger Lakes Library Association 33 48-14 Authorize Agreement - Cortland County - Cortland County Historical Society 33 49-14 Authorize Agreement - Lime Hollow Nature Center 34 50-14 Authorize Agreement - Cortland County (Federation of Sportsmen) 34 51-14 Authorize Agreement - Cortland County - Convention and Visitors Bureau for Provision of Public Benefits Services for Promotion and Publicity 35 52-14 Authorize Payment - Tompkins Cortland Community College (Operating Budget 2013 - 2014) 36 53-14 Appoint Members - Southern Tier East Regional Planning Development Board (STERPDB) 39 54-14 Appoint Member - CNY Regional Market Authority 39 55-14 Appoint/Re-Appoint Members - Cortland County Youth Bureau 40 56-14 Appoint Legislative Representatives to the Occupancy Tax Allocation Committee 41 57-14 Appoint Members - Central New York Regional Planning and Development Board 41 58-14 Appoint Members - Cortland County Industrial Development Agency 42 59-14 Appoint Member - Cortland County Fire Advisory Board 42 60-14 Accept Proposal/Authorize Agreement - Pleasant Valley Electric, Inc. - Buildings and Grounds Department 43 61-14 Adopt Social Media Policy (County Administration) 44 62-14 Re-Appropriate Funds/Amend 2014 Budget - Safety Office 44 63-14 Transfer Funds/Highway Projects - Highway Department 45 64-14 Approval to Purchase Road Salt - State of New York Office of General Services - Highway Department 45 65-14 Authorize Agreement - Health Department/Hospice - Transfer Certificate of Need 46 66-14 Appoint Members - Community Services Board - Mental Health 47 67-14 Authorize Agreement/Accept Funds - Health Department/Jacobus Center for Reproductive Health (State Grant) 48 68-14 Amend Budget - Area Agency on Aging (Systems Integration Grant) 48 69-14 Authorize Amended Agreement - Health Department/Nursing Division (EMR/HER - Community Computer Service, Inc., MEDENT®) 49 70-14 Create Temporary Mental Health Practitioner/Mental Health 50 71-14 Amend Budget - Health Department/Nursing Administration Billing RFA (#IMM - 2013-01) 50 72-14 Amend 2014 Budget/Re-Allocate 2013 Funds - Mental Health Department 51 73-14 Budget Amendment Due to Increase in State Funding - Mental Health Department 52 74-14 Authorize Agreements - Health Department/Nursing Division - CalSource Metrology Solutions 52 75-14 Re-Appropriation of 2013 Funds into 2014 - Mental Health Department 53 76-14 Accept Funds - Health Department/Administration - Integrated Cancer Services Program Cost of Living Adjustment (COLA) 54 77-14 Authorize 2014 Agreement - James W. Sewall Company and Cortland County Planning Department 55 78-14 Amend 2014 Budget/Transfer Funds - Sheriff's Department - Motor Vehicle Equipment 55 79-14 Authorize Agreement - Ames Linen/Floor Mats - Sheriff's Department/Jail 56 80-14 Endorsing State Legislation Amending County Law "In Relation to Communication Service Surcharges Applied to the County of Cortland and Providing for a Repeal of Such Provisions Upon Expiration Thereof (A6345, S4166) 56 81-14 Endorsing State Legislation Amending County Law "In Relation to Wireless Communication Surcharges in the County of Cortland" (A4167, S6168) 57 82-14 MedLab Agreement (Drug Testing) - Authorize Agreement with MedLab, Inc., for Drug Screening Services - Probation Department 58 83-14 Authorize Agreement - Amending with BI Incorporated for Monitoring Services - Probation Department 59 84-14 Re-Appropriate Funds/Amend 2014 Budget - Sheriff's Department (Motor Vehicle Equipment) 60 85-14 Authorize Contract for Audio Upgrade - Cortland Electronics - County Legislature 61 86-14 Highway Department - Highway Maintenance Supervisor Reallocate Salary/Grade (Amend Management Compensation Plan) 61 87-14 Authorize Payment - Treasurer's Office (Surplus Sales Tax) 62 88-14 Appropriate 2013 Funds/Amend 2014 Budget - Real Property Tax Services (Computer Software/Professional Services) 62 89-14 Purchase Computer Aided Dispatch (CAD) Software - Fire and Emergency Management 65 90-14 Appoint Members - Region 7 Fish and Wildlife Management Board 66 91-14 Appoint Records Management Advisory Board 67 92-14 Appoint Member - Syracuse Regional Airport Authority 68 93-14 Appoint Members - Central New York Regional Planning and Development Board 68 94-14 Authorize Agreement - Folder/Sealer Machine - Information Technology Services 69 95-14 Approve National Grid Electric Service Proposal - Snow Removal Equipment - Building Construction Project - Airport/Highway 69 ---PAGE BREAK--- 96-14 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 72 97-14 Accept Bids/Authorize Purchase - Area Agency on Aging - Nutrition - Paper Goods and Maintenance Supplies 73 98-14 Accept Grant/Amend Budget - Department of Employment and Training/Grant Administration - Disability Employment Initiative Request for Proposals 74 99-14 Abolish/Create - Grant Administration - Grants Administrator (Full Time)/Grants Administrator (Part Time) 75 100-14 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program (EIP NYS Grant) 75 101-14 Abolish/Create - Health Department/Hospice Division - Director of Hospice/Assistant Director of Patient Services (Temporary, 17.5 Hours/Week) 76 102-14 Amend Resolution No. 70-14 - Mental Health - Temporary Mental Health Practitioner 76 103-14 Amend 2014 Budget - Federal Section 5311 - New York State Department of Transportation - State Operating Assistance (STOA)Passenger/Miles - Planning Department 77 104-14 Resolution Advocating New York State to Adopt NYS Senator's Health Article VII Budget Proposal (Section 78. of S.6358.C) to Allow Counties to Opt-Out of the Mandated Brokerage Service and Allowing Local Control Over Non- Emergency Medicaid Transportation - Cortland County Planning Department 78 105-14 Resolution in Support of Statewide Indigent Defense Legal System and Settlement of Hurrell-Harring, Et. Al. V. State of New York - County Administration 79 106-14 Amend 2014 Budget - Sheriff's Department (New York State Division of Homeland Security and Emergency Services Grant) 80 107-14 Support for 2014 Public Safety Answering Point Grant - Information Technology 81 108-14 Reallocate Salary - Superintendent of Highways 81 109-14 Adopt 2014-2015 County Mission Statement - Legislature 82 110-14 Authorize Contract/Amend Budget - Dominion Voting Systems Corp. - Board of Elections 83 111-14 Approve Contract - Phillips Lytle LLP Real Property in Rem Foreclosure Proceedings - Treasurer's Office 84 112-14 Authorize Agreement - Health Department/Hospice - Transfer Certificate of Need (Asset Purchase Agreement/Management Agreement) 85 113-14 Award Solid Waste Construction and Professional Services Agreements - Landfill Capping Project - Solid Waste Department [Also see Page 70] 86 114-14 Establish Project/Award Agreement for County Highway Building HB-1 - ACM Mitigation - Highway Department 88 115-14 Award Bids - Highway Department 90 116-14 Accept Grant/Amend Budget - Department of Employment and Training/Grant Administration - Disability Employment Initiative 91 117-14 Appoint At Large Member to Soil and Water Conservation Board 94 118-14 Appoint Member Employment and Training Grant Administration - Cayuga/Cortland Workforce Investment Board 95 119-14 Appoint Members Cortland County Emergency Medical Services Advisory Board 95 120-14 Appoint Member - Cortland County Industrial Development Agency 96 121-14 Appoint Members Developmental Disabilities Subcommittee 97 122-14 Appoint Grants Administrator - Employment and Training 97 123-14 Extend Bids - Highway Department 98 124-14 Award Contract - Fleet Leasing Services - Highway Department 99 125-14 Award Construction Agreement - E. Keeney Road Bridge Over East Branch Tioughnioga Creek Rehabilitation (BIN 3312340) Highway Department 100 126-14 Award Construction Agreement - Youngs Crossing Large Culvert Replacement - C.I.N. 114B-0397-5.50 - Highway Department 101 127-14 Award Construction Agreement - Design, Supply and Installation of a Precast Concrete Box Culvert - Texas Valley Road (CR 161B) C.I.N. 161B-0508-114.50 - Highway Department 102 128-14 Resolution Authorizing Cortland County to Proceed as Co-Lead Agency with Onondaga County for the Review of the Proposed Regional Solid Waste Partnership Project Pursuant to the State Environmental Quality Review ("SEQR") Act, and Approving the Revision and Distribution of Certain SEQR Documents - Solid Waste 104 129-14 Authorize Amnesty Week - Highway Department/Landfill 105 130-14 Resource Allocation Plan - NYS Office of Children and Family Services - Youth Bureau 106 131-14 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program NYS Grant) 107 132-14 Amend 2014 Budget - Snowmobile Trail Development and Maintenance Grant - Planning Department 108 133-14 Amend 2014 Budget - Emergency Response and Communications - (NYS Department of Homeland Security & Emergency Services - C970010) 109 134-14 Authorize Agreement - Dependent Eligibility Audit - Personnel Department 109 135-14 Amend Cortland County Purchasing & Procurement Policy - Legislature 110 136-14 Amend 2014 County Budget - Increase Mileage Reimbursement - Legislature 110 137-14 Amend Budget/Contingency Account - Professional Services - Personnel Department 111 138-14 Resolution Stating Support for E23 Casino Project Located in the City of Albany in Albany County - Legislature 112 ---PAGE BREAK--- 139-14 Urban Boundaries for Small Urban Areas - New York State Department of Transportation - Planning Department 113 140-14 Accept Proposal/Authorize Agreement - Participate in National Grid Small Business Program - Buildings and Grounds Department 117 141-14 Authorize Agreement - Trebron Company, Inc. - Information Technology 117 142-14 Authorize Issuance of a Theatrical Production and Custodial License - Highway Department - Dwyer Park (Cortland Repertory Theatre) 118 143-14 Authorize Agreement - Dwyer Park 2014 Celtic Festival - Highway Department 119 144-14 Amend 2014 Budget Recognizing Federal Disaster Assistance Funding - Highway Department 120 145-14 Establish Project/Amend Budget - Highway Department (Extreme Winter Recovery) 120 146-14 Rental Contract - Cortland County Agricultural Corporation - Highway Department 121 147-14 Award Bid for Tires Retread/Recapped - Highway Department 122 148-14 Authorize McLean Road Large Culvert Hydrologic/Hydraulic Study - Highway Department 123 149-14 Award the Handling, Transportation and Safe Disposal of Household Hazardous Waste Agreement - Highway Department/Landfill 123 150-14 Authorize Agreement - Area Agency on Aging/Elizabeth Brewster House 125 151-14 Authorize Agreement - Employment and Training Grant Administration Department/Cayuga-Cortland Workforce Investment Board (WIB) and the Chief Elected Officials of Cayuga and Cortland Counties 125 152-14 Authorize Agreement/Accept Funds - Health Department/Administration (Health Places to Live, Work, and Play Grant) 126 153-14 Authorize Agreement/Accept Funds - Health Department Drinking Water Program 127 154-14 Authorize Agreement/Accept Funds - Health Department/Administration (Healthy Neighbors Program Grant) 127 155-14 Authorize Agreements - Health Department/Children with Special Needs Program (Contracts for Service) 128 156-14 Authorize Agreement/Accept Funds - Health Department Jacobus Center for Reproductive Health (Health Information Technology) 130 157-14 Authorize/Accept Funds - Health Department - Tobacco Enforcement Program 131 158-14 Amend 2014 Budget Department of Emergency Response and Communications 131 159-14 Create Secretary to the County Attorney (Full Time) County Attorney 132 160-14 Standard Work Day Schedule 134 161-14 Authorize Agreement/Amend Budget - Chamber of Commerce 135 162-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements of Various Culverts in and for the County of Cortland, New York, at a Maximum Estimated Cost of $810,000, and Authorizing the Issuance of Up to $810,000 Bonds of Said County to Pay the Cost Thereof 136 163-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements of Various Bridges in and for the County of Cortland, New York, at a Maximum Estimated Cost of $458,000, and Authorizing the Issuance of Up to $458,000 Bonds of Said County to Pay the Cost Thereof 138 164-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements of Various Highways in and for the County of Cortland, New York, at a Maximum Estimated Cost of $1,826,438, and Authorizing the Issuance of Up to $197,000 Bonds of Said County to Pay the Cost Thereof 141 165-14 Authorizing the Issuance of up to $868,000 Bonds - Landfill Capping Project 143 166-14 Adopt Proposed Local Law No. 3" of 2014 - a Local Law Restating Local Law No. 3 of 2008 Providing for Enhanced Personal Privacy Protection for Documents Recorded in the Office of the County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk from for the Recording, Entering, Indexing and Endorsing a Certificate on Any Instrument 148 167-14 Adopt Local Law No. 4 - A Local Law No. 4 of 2014 - Restating Local Law No. 1 of 2009 Providing for the Amendment of Local Law No. 1 of 2002 Entitled "A Local Law Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County Pursuant to Article 29, Section 1202-9 of the Tax Law of the State of New York" 149 168-14 Adopt Proposed Local Law No. 5 of 2014 - A Local Law Restating Local Law 3 of 2010 Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-B 150 169-14 Adopt Proposed Local Law No. 12 of 2014 - A Local Law Restating Local Law No. 4 of 2011 Adopting the County of Cortland Employment Policy Manual for Department Heads, Management Employees, Management/Confidential Employees 154 170-14 Adopt Proposed Local Law No. 6 of 2014 - A Local Law Restating Local Law No. 6 of 20-11 Providing That a Road Preservation Permit Shall be Required for Use of County Roads by Vehicles Which Exceed the Weight or Dimensional Limits in NYS Vehicle and Traffic Law Sections 285 and 1650(4) 155 171-14 Adopt Proposed Local Law No. 7 of 2014 - A Local Law Restating Local Law No. 3 of 2012 Prohibiting Within Cortland County the Use, Possession, Purchase, Attempted Purchase, Selling, Public Display for Sale, Attempted Sale, or Giving of Alternative and/or Marijuana 157 172-14 Adopt Proposed Local Law No. 8 of 2014 - A Local Law Restating Local Law No. 4 - A Local Law Restating Local Law No. 4 of 2012 Establishing a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill 160 ---PAGE BREAK--- 173-14 Adopt Proposed Local Law No. 13 of 2014 - A Local Law Restating Local Law No. 8 of 2012 Establishing Procedures for Leasing County Property at the Cortland County Airport 171 174-14 Adopt Proposed Local Law No. 9 of 2014 - A Local Law Restating Local Law No. 1 of 2013 Establishing the Position of Director of Emergency Response and Communications 172 175-14 Proposed Local Law No. 11 of 2014 - A Local Law Restating Local Law No. 7 of 2013 Establishing Certain Fees for Probation Services 173 176-14 Adopt Proposed Local Law No. 10 of 2014 - A Local Law Restating Local Law No. 8 of 2013 Amending Local Law No. 3 of 2011, Imposing a Mortgage Recording Tax in Cortland County 176 177-14 Authorize Agreement - Bonadio Group - Highway Operations Audit 177 178-14 Abolish/Create - Cortland County Veterans Services Agency Secretary 1/Veterans Services Counselor 178 179-14 Adopt 2014-2015 Operating Budget - Tompkins Cortland Community College 180 180-14 Appoint/Re-appoint Members - Cortland County Planning Board 180 181-14 Adopt Proposed Local Law for the Year 2014 - A Local Law Setting the Salary of Cortland County Election Commissioners 181 182-14 Adopt Proposed Local Law No. for the Year 2014 - A Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office 182 183-14 Abolish Heavy Equipment Operator (HEO) - Create Motor Equipment Operator (MEO) - Highway Department 184 184-14 Award Construction Agreement Dutch Hill Road Rehabilitation Project - Highway Department 184 185-14 Accept Grant - NY State Aviation Capital Grant, Authorize Project and Local Share Funding - Construct New T- Hangar - Cortland County Airport/Highway Department 186 186-14 Amend 2014 Budget Recognizing State Funds for Snow and Ice Removal - Highway Department 187 187-14 Transfer Funds/Highway Projects - Highway Department 187 188-14 Authorize Agreement/Accept Funds - Health Department/Administration - Integrated Cancer Services Program 188 189-14 Authorize Agreement - Area Agency on Aging - Cortland County Community Action Program, Inc. (CAPCO) 189 190-14 Authorize Agreement/Accept Funds - Health Department/Administration (Advancing Tobacco Free Communities) 189 191-14 Authorize Agreement - Health Department/Administration - Emergency Preparedness Services 190 192-14 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 191 193-14 Accept Bids/Authorize Purchase - Area Agency on Nutrition - Milk and Dairy Products 192 194-14 Authorize Agreement - Mental Health - Callpointe Agreement 193 195-14 Authorize Agreement - Area Agency on Aging - Various Agencies 194 196-14 Authorize Agreements - Health Department - Educational Institutions 194 197-14 Create Public Health Educator - Health Department 195 198-14 Chair of the Legislature to Sign Letter of Support Requesting Additional State Transportation Operating Assistance (STOA) Funding from the NYS Department of Transportation and the Use of Upsate Supplemental Appropriation Funds - Cortland County Planning Department 196 199-14 Cortland County Opposes Clean Water Act Regulation Proposed by the Environmental Protection Agency 196 200-14 Authorize Agreements - Cortland County and Cortland County Snowmobile Clubs 2014-2015 - Planning 198 201-14 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails - Authorize the Chairman to Sign the 2014-2015 SEQR Form - Planning Department 198 202-14 Authorize Grant Application - Cortland County Snowmobile Trail Development and Maintenance 2014-2015 - Planning Department 199 203-14 Amend 2014 Budget - Sheriff's Department (Motor Vehicle Equipment, Special Equipment, Equipment Rental) 200 204-14 Adoption Rules of Order - Cortland County Legislature 201 205-14 Amend 2014 Budget/Transfer Funds - Personnel Department/Professional Services 201 206-14 Agreement Between the County of Cortland and the Civil Service Employee's Association, Inc., - Cortland County Local 812 - Unit 6650 - Effective January 1, 2015 to December 31, 2018 202 207-14 Amend 2014 Budget - Mileage Reimbursement - Increase Mileage Reimbursement 203 208-14 Appoint Democratic Election Commissioner 203 209-14 Oppose the Passage of Legislation to Allow Earl Voting, or to Allow Counties to Opt-In to Early Voting Opportunities, and for the State to Fully Fund Any Increased Costs Associated with Early Voting 204 210-14 Designate Depositories - County Treasurer 205 211-14 Transfer Funds/Amend Budget - County Administration 205 212-14 Authorize Auctioneer - County Treasurer 206 213-14 Adopt Evacuation Policy - Safety Officer 209 214-14 Resolution Supporting Necessary Reforms to New York State Labor Law §240 and §241 209 215-14 Award Highway Bid - Metal Object Removal Bid - Highway Department/Solid Waste 211 216-14 Create Part-Time Park Attendant Position - Highway Department 211 217-14 Appoint Superintendent of Highways - Highway Department 212 218-14 Authorize Exemption from Tipping Fees - River Clean Up - Cortland County Highway Department Division of Solid Waste 213 219-14 Authorize Agreement - Environmental Capital - Solid Waste 213 220-14 Amend Budget/Transfer Funds - Department of Social Services - Equipment Rent & Leases 214 221-14 Abolish/Create Health Department Registered Nurse (Part-Time, 2 Positions) /Public Health Nurse or Registered Nurse (Full Time) - Health Department 215 ---PAGE BREAK--- 222-14 Resource Allocation Plan NYS Office of Children and Family Services - Youth Bureau - 2014 Amendment 215 223-14 HEAP Contract with Office for the Aging 216 224-14 Amend Medical Supplies Budget - Mental Health Department 217 225-14 Non-Residential Domestic Violence Agreement and Appropriation - Department of Social Services 218 226-14 Appoint Employment and Training Director - Employment and Training Department 218 227-14 Transfer of County Property to Village of McGraw - Cortland County Planning Department 219 228-14 Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Market Farmland Protection Implementation Program to Purchase Development Rights on Gary and Christine Slade's Peaceful Valley Farm, Town of Homer and Scott, Cortland County - Cortland County Planning Department 220 229-14 Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Market Farmland Protection Implementation Program to Purchase Development Rights on William and Jeanne Underwood Farm, Town of Preble, Cortland County - Cortland County Planning Department 221 230-14 Accept Grant/Amend Budget - New York Office of Attorney General ("OAG") - Community Overdose Prevention (COP) Program - Sheriff's Department 222 231-14 Authorize Agreement - Weights and Measures - New York State Department of Agriculture and Markets 223 232-14 Authorize Agreement with John C. Lowery, Inc., - Child Advocacy Center 223 233-14 Amend 2014 Budget/Transfer Funds Professional Services - Personnel Department 224 234-14 Authorize Contract/Amend Budget - Occupancy Tax Audit - Bonadio & Co., LLP - County Administrator 224 235-14 Authorize Agreement - Fiscal Advisors - County Administration 225 236-14 Amend Budget Mc & E/Election Source - Board of Elections 226 237-14 Authorize Agreement/Funding Business Development Corporation 226 238-14 Change Hours of Operations - Treasurer's Office 227 239-14 Authorizing the Engagement of Professional Services 228 240-14 Appoint/Re-Appoint Members - Cortland County Youth Bureau 230 241-14 Award Copier Lease - Information Technology Services 230 242-14 Amend Budget - Computer Hardware - Information Technology Services 231 243-14 Renew/Authorize Agreement - Cortland County/Energy Curtailment Specialist, Inc. - Buildings & Grounds 232 244-14 Approve the Granting of a Permanent Easement to the Town of Cortlandville - Fercor Drive - Cortland County Airport/Highway Department 233 245-14 Accept Funds - Health Department/Jacobus Center for Reproductive Health - Family Planning Program - Cost of Living Adjustment (COLA) 234 246-14 Authorize Agreement/Accept Funds - Health Department - Lead Poisoning Prevention Grant 234 247-14 Authorize Agreement - Health Department/Children with Special Needs Division - Software Pre-K 235 248-14 Authorize Various Contracts for 2015 - Mental Health Department 236 249-14 Authorize Agreement - HealtheConnections - Mental Health Department 237 250-14 Consulting Services - Emergency Management 237 251-14 Amend Agreement Contract 360-12 and Resolution 288-12 - Siemens Industry, Inc. - Buildings and Grounds 238 252-14 911 Recorder Contract - Department of Emergency Response and Communications 239 253-14 Accept 2014 NYS Homeland Security Funds - Department of Emergency Response and Communications 239 254-14 Accept 2014 Wireless 911 Grants Funds - Amend 2014 Budget - Department of Emergency Response and Communications 240 255-14 Amend Budget - Board of Elections 241 256-14 Agreement Between the County of Cortland and the CSEA, Local 1000, AFSCME, AFL-CIO Unit 665002 - Cortland County Local 812 - Effective January 1, 2015 to December 31, 2018 241 257-14 Authorize Agreement - Dermody Burke & Brown - Deferred Compensation Audit 242 258-14 Adopt Local Law of 2014 - Amending Law No. 1 for the Year 2008 Which Established a Plan of Mutual Self- Insurance for Worker's Compensation; Amend Rules and Regulations of Apportionment 243 259-14 SEQR Determination - TC3 Capital Improvement Project 247 260-14 Bond Resolution Authorizing the Issuance of Up to $1,339,500 Serial Bonds and Notes of the County of Cortland, New York to Pay a Portion of the Cost of Facility and Infrastructure Improvements at Tompkins-Cortland Community College 248 261-14 Authorize Apportionment of Mortgage Tax Monies - Treasurer's Office 251 262-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing Issuance of $1,417,500 Bonds of the County of Cortland to Pay a Portion of the Cost of Reconstruction and Improvements to the Little York Damn Located Within the County 252 263-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Culverts in and for the County of Cortland, New York, at a Maximum Estimated Cost of $1,167,075, and Authorizing the Issuance of Up to $1,167,075 Bonds of Said County to Pay the Cost Thereof 254 264-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Bridges in and for the County of Cortland, New York, at a Maximum Estimated Cost of $517,925, and Authorizing the Issuance of Up to $517,925 Bonds of Said County to Pay the Cost Thereof 257 265-14 Authorize Agreement - Real Property Tax Services - ESRI, Inc. 259 266-14 Amend Petty Cash Resolution No. 178-11 - Authorize Legislature Account - Budget and Finance 260 ---PAGE BREAK--- 267-14 Authorize County Attorney to Grant Access Easement at TC3 261 268-14 NO RESOLUTION WAS PREPARED OR ACTED UPON FOR THIS NUMBER 261 269-14 Create Temporary Assistant Budget Officer - Budget and Finance 263 270-14 Resolution to Approve Project, Authorize Acceptance of Grants, Authorize Project, Authorize Engineering Agreement, Authorize Equipment Purchase - Snow Removal Equipment - Cortland County Airport - Highway Department 263 271-14 Renew Agreement - Buildings and Grounds - Waste Management of New York, LLC 266 272-14 Amend Maintenance Budget (Computer Software) - Mental Health 267 273-14 Additional OASAS Funding - Catholic Charities - Mental Health 268 274-14 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2014-2015 for the Workforce Investment Act Title 1-B and Wagner Peyser Programs - Workforce Investment 269 275-14 Amend Budget - TANF Domestic Violence Funds - Replaces Resolution 225-14 - Department of Social Services 269 276-14 Authorize Agreement/Accept Funds - Health Department/Administration - Special Programs - Breast & Cervical Cancer Early Detection Programs 270 277-14 Authorize Agreements - Area Agency on Aging/Nutrition (Harford, Homer, Marathon, McGraw, Truxton, and Willet Senior Centers 271 278-14 Accept Bids/Authorize Purchase - Area Agency on Aging - Nutrition - Paper Goods and Maintenance Supplies 271 279-14 Accept Bids/Authorize Purchase - Area Agency on Aging - Nutrition - Miscellaneous Groceries and Frozen Foods 272 280-14 Authorize Amended Agreement - NYSDOT Federal Section 5311 Mass Transportation Capital Project, Supplemental Grant Agreement Contract C003761, PIN Numbers 3793.17.302, 3793.18.302, 3794.19.302 and 3794.20.302 - Cortland County Planning Department 273 281-14 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract Number C003943, PIN Number 3716.05.002/.08.002 Section 5316 - Job Access and Reverse Commute (JARC) Section 5317 - New Freedom (NF) - New York State Department of Transportation (NYDOT) - Cortland County Planning Department 274 282-14 Amend 2014 Budget - Sale of Surplus Equipment - Education and Training 275 283-14 Accept 2014 - DHSES Grant Funding for Department of Emergency Response & Communications 276 284-14 Amend 2014 Budget/Transfer Funds - Sheriff's Department/Jail (Misc. Support Services) 276 285-14 Accept Funds - STOP DWI Program - Sheriff's Department 277 286-14 Transfer Funds - Treasurer's Office 277 287-14 Authorize Contract/Amend Budget - Public Defender Caseload Reduction Grant 278 288-14 Appoint Member - Mental Health Subcommittee - Mental Health 280 289-14 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 281 290-14 Resolution to Approve Modification of Fee Schedule for Disposal of Tires at Cortland County Solid Waste Facilities - Highway Department 286 291-14 Authorize Agreement Buildings & Grounds (6th Judicial Court District) 287 292-14 Authorize Extension of State Snow/Ice Control Agreement - Highway Department 288 293-14 Resolution to Approve Contract for Engineering Replacement of Kinney Gulf Road Bridge, B.I.N. 3311860 - Highway Department 288 294-14 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program (EIP NYS Grant) 289 295-14 Accept Funds Health Department - Hospice 289 296-14 Authorize Agreements - Area Agency on Aging (Several Agencies, Departments, Etc.) 290 297-14 Authorize Agreements - Department of Social Services (Several Agencies, Departments, Etc.) 292 298-14 Authorize Agreements - Department of Social Services (Day Care Services) 292 299-14 Authorize Agreements - Department of Social Services (Work Experience Work Sites) 293 300-14 Authorize Agreements - Department of Social Services (Foster Care) 294 301-14 Authorize Agreement - Employment and Training Department (Operation of Year-Round Program) 294 302-14 Amend Budget/Transfer Funds - Department of Social Services - Safety Net 295 303-14 Amend Budget/Transfer Funds - Department of Social Services - Health Insurance 296 304-14 Authorize Agreement/Accept Funds - Health Department/Administration - Special Programs Traffic Safety and Injury Prevention Program Child Passenger Safety Program 296 305-14 Authorize Agreement/Accept Funds - Health Department/Administration - Special Programs Traffic Safety and Injury Prevention Program 297 306-14 Transfer Jail Funds - Miscellaneous Support Services 2014 - Amend 2014 Budget/Transfer Funds - Sheriff's Department/Jail (Miscellaneous Support Services) 298 307-14 Amend 2014 Budget - County Attorney/Assigned Counsel 298 308-14 Authorize Agreements - Twin Tier Pathology PC - County Coroners 299 309-14 Authorize Agreement - Emergency Medical Physicians - County Coroner 300 310-14 Authorize Appointment of Coroner's Physician - County Coroner 300 311-14 Amend County of Cortland County Employment Policy Manual 301 312-14 Amend Budget - Board of Elections 302 313-14 Amend 2014 Budget - Information Technology - Phone Switch Infrastructure - Phone System 303 ---PAGE BREAK--- 314-14 Amend 2014 Budget - Information Technology - Phone Switch Infrastructure - Internet System Backup 303 315-14 Adopt Local Law of 2014 - Overriding Tax Levy Limit 305 316-14 Adopt 2015 Budget - Cortland County Legislature 306 317-14 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2015 306 318-14 Adopt Proposed Local Law 19 for the Year 2015 - A Local Law to Increase the Salary of County Officers Elected 308 319-14 Adopt Proposed Local Law No. 20 for the Year 2015 - A Local Law Setting the Salary of Cortland County Election Commissioners 310 320-14 Authorize Agreement - Mental Health Department - Area Agency on Aging 312 321-14 Authorization of Refund - Overpayment of County Taxes for 2012-2014 - Treasurer's Office 313 322-14 Resolution to Approve Contract for Engineering and Construction Inspection - Cortland County Bridge Painting - Various Locations (NYSDOT P.I.N. 3756.03) Highway Department 314 323-14 Rescind Award of Steel Snow Plow Edges and Grader Blades - Highway Department 315 324-14 Award Highway Fuel System Service Agreement - Highway Department 315 325-14 Award Engineering Services Term Agreement - Highway Department and Solid Waste Division 316 326-14 SEQR Negative Declaration for Adoption of the Cortland County Local Solid Waste Management Plan 318 327-14 Adopt Cortland County Solid Waste Management Plan (SWMP) 319 328-14 Resolution Determining the Draft Environmental Impact Statement (DEIS) for the Proposed Regional Solid Waste Partnership Under the State Environmental Quality Review Act (SEQRA), with Cortland County Acting as Co- Lead Agency with Onondaga County, to be Adequate in Terms of Scope and Content to Commence Public Review Pursuant to SEQRA; Authorizing the Publication, Circulation, Service and Filing of the DEIS Documents; and Calling for a Public Hearing 320 329-14 Authorize Amendment to 2014 Transportation and Safe Disposal of Household Hazardous Waste Agreement - Highway Department/Landfill 322 330-14 Household Hazardous Waste Application - Highway Department/Landfill 322 331-14 Authorize Agreement - Environmental Monitoring - Highway Department/Landfill 323 332-14 Authorize Agreement - Leachate Testing - Highway Department/Landfill 324 333-14 Amend Budget/Contract - Mental Health Contract with Franziska Racker Center 325 334-14 Authorize Agreement/Accept Funds - Health Department/Nursing Administration - Local Health Department Performance Incentive Initiative 2013-2014 325 335-14 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program - NYS GRANT) 326 336-14 Amend Budget - Area Agency on Aging (Title IIIE, EISEP) 327 337-14 Amend 2014 Budget - Statewide Mass Transportation Operating Assistance (STOA) SFY 2014-15 Hold 327 338-14 Amend 2014 Budget Transportation - Purchase of Bus Shelter - Cortland County Planning Department 328 339-14 Adopt Local Law of 2014 - A Local Law Regulating Second Hand Dealers 329 340-14 New York Office of the Attorney General ("OAG") - Bullet Proof Vest (In Vest) Partnership - Sheriff's Department 337 341-14 Authorize Agreement - Personnel/Civil Service - PSTEK, Inc. 337 342-14 Authorize Agreement - NTS Data Services, LLC - Board of Elections 338 343-14 Designate Tourism Promotion Agency - Cortland County Convention and Visitors Bureau 338 344-14 Authorize Agreement - Treasurer's Office - County Wide Cost Allocation Plan - Venesky & Co. 339 345-14 Authorize Agreement - OCE Reader/Printer - Real Property Tax Services 340 346-14 Authorize Agreement - Image Mage Online - Real Property Tax Services 340 347-14 Appoint Member to Soil and Water Conservation Board - Eugene Write - Grange Representative 343 348-14 Appoint Member Cortland County Board of Health - Marie Walsh 343 349-14 2015 Fire Advisory Board Appointment/Reappointment 344 350-14 Re-Appoint Member - Cortland County Board of Health - Stuart Douglas, DDS 345 351-14 Authorize Agreement (MUNIS) - Information Technology 345 352-14 Authorize Contract - Information Technology - Support Services 2015 - Cortlandville Fire District 345 353-14 Authorize Contract - Information Technology - Support Services 2015 - Town of Cortlandville 346 354-14 Authorize Contract Renewal - Service Contract for RS6000 Sheriff's Messaging Server - Systems Maintenance Services - Information Technology Services 347 355-14 Accept Proposal/Authorize Agreement - Amend Budget - Participate in Smart Watt Program- Buildings and Grounds Department 347 356-14 Authorize Agreement - New York State - Blodgett Mills Road Bridge Over Tioughnioga River - Highway Department 348 357-14 Authorize McLean Road Large Culvert Hydrologic/Hydraulic Study - Phase 4 - Highway Department 349 358-14 Authorize Agreement/Amend Budget - Gerhardt LLC - OCCRA - Solid Waste/Landfill 350 359-14 Resolution to Amend Contract to Accept Tires at Recycling Facility - Highway Department/Solid Waste 351 360-14 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 352 361-14 Accept Funds - Health Department/Immunization - Immunization Program - Cost of Living Adjustment (COLA) 353 362-14 Expend HMEP Grant Funds/Transfer 2014 Budget Funds - Department of Emergency Communications 353 363-14 Authorize Agreement Amendment - Drug Screening - Medlab, Inc. - Probation Department 354 364-14 Authorize Agreement - Electronic Monitoring - BI Incorporated - Probation Department 355 365-14 Accept Grant Award - Emergency Response and Communications - PSAP 356 366-14 Accept Grant Award - Emergency Response and Communications - DCJS Computer Equipment 356 367-14 Amend 2015 Budget - Emergency Response and Communications - New York System 357 ---PAGE BREAK--- 368-14 Authorize Agreement - Environmental Capital - 2008 Bond Refunding/Environmental Facilities Corporation 358 369-14 Authorize Agreement - Black Creek Integrated Systems Corporation - Sheriff's Department/Jail 358 370-14 Accept Bids/Authorize Contract - HP Switches and Associated Components - Information Technology (SHI) 359 371-14 Budget Amendment - E-Prescribe Software - Mental Health 360 372-14 Authorize Apportionment of Mortgage Tax Monies - Treasurer's Office 360 373-14 Authorize Occupancy Tax Allocation - Cortland County Convention and Visitor's Bureau 361 374-14 Authorize Agreement Cortland County - Gould & Lamb, LLC - County Legislature 362 375-14 Create Director of Budget and Finance 363 376-14 Fix Date to Sign Warrants - Real Property Tax Services 363 377-14 Amend 2015 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to Reduce Real Property Tax Levy - Real Property Tax Services 364 378-14 Levy Town General and Highway Taxes - Real Property Tax Services 365 379-14 Levying Town Special District Taxes - Real Property Tax Services 366 380-14 Levy County Tax - City of Cortland - Real Property Tax Services 367 381-14 Levying Water Charges - Town of Virgil - Real Property Tax Services 368 382-14 Levying Sewer Charges - Town of Virgil - Real Property Tax Services 368 383-14 Levying Water Charges - Town of Scott - Real Property Tax Services 369 384-14 Levying Water Charges - Town of Harford - Real Property Tax Services 370 385-14 Levying Sewer Charges - Town of Cuyler - Real Property Tax Services 371 386-14 Levying Water Charges - Town of Cortlandville - Real Property Tax Services 371 387-14 Levying Sewer Charges - Town of Cortlandville - Real Property Tax Services 374 388-14 Levying Water Charges - Town of Cincinnatus - Real Property Tax Services 375 49-14 Authorize Agreement - Lime Hollow Nature Center 34 11-14 Re-Appoint Community Service Board Members 9 12-14 Appoint/Re-Appoint CSB Subcommittee Members 10 66-14 Appoint Members - Community Services Board - Mental Health 47 70-14 Create Temporary Mental Health Practitioner/Mental Health 50 72-14 Amend 2014 Budget/Re-Allocate 2013 Funds - Mental Health Department 51 73-14 Budget Amendment Due to Increase in State Funding - Mental Health Department 52 75-14 Re-Appropriation of 2013 Funds into 2014 - Mental Health Department 53 102-14 Amend Resolution No. 70-14 - Mental Health - Temporary Mental Health Practitioner 76 194-14 Authorize Agreement - Mental Health - Callpointe Agreement 193 224-14 Amend Medical Supplies Budget - Mental Health Department 217 248-14 Authorize Various Contracts for 2015 - Mental Health Department 236 249-14 Authorize Agreement - HealtheConnections - Mental Health Department 237 272-14 Amend Maintenance Budget (Computer Software) - Mental Health 267 273-14 Additional OASAS Funding - Catholic Charities - Mental Health 268 288-14 Appoint Member - Mental Health Subcommittee - Mental Health 280 320-14 Authorize Agreement - Mental Health Department - Area Agency on Aging 312 333-14 Amend Budget/Contract - Mental Health Contract with Franziska Racker Center 325 371-14 Budget Amendment - E-Prescribe Software - Mental Health 360 176-14 Adopt Proposed Local Law No. 10 of 2014 - A Local Law Restating Local Law No. 8 of 2013 Amending Local Law No. 3 of 2011, Imposing a Mortgage Recording Tax in Cortland County 176 167-14 Adopt Local Law No. 4 - A Local Law No. 4 of 2014 - Restating Local Law No. 1 of 2009 Providing for the Amendment of Local Law No. 1 of 2002 Entitled "A Local Law Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County Pursuant to Article 29, Section 1202-9 of the Tax Law of the State of New York" 149 PERSONNEL/CIVIL SERVICE 134-14 Authorize Agreement - Dependent Eligibility Audit - Personnel Department 109 137-14 Amend Budget/Contingency Account - Professional Services - Personnel Department 111 169-14 Adopt Proposed Local Law No. 12 of 2014 - A Local Law Restating Local Law No. 4 of 2011 Adopting the County of Cortland Employment Policy Manual for Department Heads, Management Employees, Management/Confidential Employees 154 205-14 Amend 2014 Budget/Transfer Funds - Personnel Department/Professional Services 201 206-14 Agreement Between the County of Cortland and the Civil Service Employee's Association, Inc., - Cortland County Local 812 - Unit 6650 - Effective January 1, 2015 to December 31, 2018 202 233-14 Amend 2014 Budget/Transfer Funds Professional Services - Personnel Department 224 MENTAL HEALTH MORTGAGE TAX OCCUPANCY TAX LIME HOLLOW NATURE CENTER ---PAGE BREAK--- 256-14 Agreement Between the County of Cortland and the CSEA, Local 1000, AFSCME, AFL-CIO Unit 665002 - Cortland County Local 812 - Effective January 1, 2015 to December 31, 2018 241 257-14 Authorize Agreement - Dermody Burke & Brown - Deferred Compensation Audit 242 258-14 Adopt Local Law of 2014 - Amending Law No. 1 for the Year 2008 Which Established a Plan of Mutual Self- Insurance for Worker's Compensation; Amend Rules and Regulations of Apportionment 243 311-14 Amend County of Cortland County Employment Policy Manual 301 317-14 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2015 306 341-14 Authorize Agreement - Personnel/Civil Service - PSTEK, Inc. 337 32-14 Amend 2014 Budget No-Cost Time Extension of Local/Miscellaneous Contract New York State Department of Transportation (NYSDOT) Section 5316 - Job Access Reverse Commute (JARC) Section 5317 - New Freedom (NF) Cortland County Planning Department 23 33-14 Authorize Chairman to Sign 2014 Agreement Central New York Regional Planning Development Board - Planning Department 24 34-14 Authorize Chairman to Sign 2014 Agreement Cortland County and Southern Tier East Regional Planning Development Board - Planning Department 24 35-14 Authorize Agreement Cortland County and Cartographic Associates, Inc. (DBA: CAII Technologies) - Planning Department 25 36-14 Amend 2014 Budget NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years NYS DOT Contract Number C003761 26 37-14 Amend 2014 Budget Reserve Account Auction/Sale of Public Transit Buses - Planning Department 26 77-14 Authorize 2014 Agreement - James W. Sewall Company and Cortland County Planning Department 55 103-14 Amend 2014 Budget - Federal Section 5311 - New York State Department of Transportation - State Operating Assistance (STOA)Passenger/Miles - Planning Department 77 104-14 Resolution Advocating New York State to Adopt NYS Senator's Health Article VII Budget Proposal (Section 78. of S.6358.C) to Allow Counties to Opt-Out of the Mandated Brokerage Service and Allowing Local Control Over Non- Emergency Medicaid Transportation - Cortland County Planning Department 78 132-14 Amend 2014 Budget - Snowmobile Trail Development and Maintenance Grant - Planning Department 108 139-14 Urban Boundaries for Small Urban Areas - New York State Department of Transportation - Planning Department 113 180-14 Appoint/Re-appoint Members - Cortland County Planning Board 180 200-14 Authorize Agreements - Cortland County and Cortland County Snowmobile Clubs 2014-2015 - Planning Department 198 201-14 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails - Authorize the Chairman to Sign the 2014-2015 SEQR Form - Planning Department 198 202-14 Authorize Grant Application - Cortland County Snowmobile Trail Development and Maintenance 2014-2015 - Planning Department 199 227-14 Transfer of County Property to Village of McGraw - Cortland County Planning Department 219 228-14 Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Market Farmland Protection Implementation Program to Purchase Development Rights on Gary and Christine Slade's Peaceful Valley Farm, Town of Homer and Scott, Cortland County - Cortland County Planning Department 220 229-14 Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Market Farmland Protection Implementation Program to Purchase Development Rights on William and Jeanne Underwood Farm, Town of Preble, Cortland County - Cortland County Planning Department 221 280-14 Authorize Amended Agreement - NYSDOT Federal Section 5311 Mass Transportation Capital Project, Supplemental Grant Agreement Contract C003761, PIN Numbers 3793.17.302, 3793.18.302, 3794.19.302 and 3794.20.302 - Cortland County Planning Department 273 281-14 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract Number C003943, PIN Number 3716.05.002/.08.002 Section 5316 - Job Access and Reverse Commute (JARC) Section 5317 - New Freedom (NF) - New York State Department of Transportation (NYDOT) - Cortland County Planning Department 274 337-14 Amend 2014 Budget - Statewide Mass Transportation Operating Assistance (STOA) SFY 2014-15 Hold Harmless Provision - Planning Department 327 338-14 Amend 2014 Budget Transportation - Purchase of Bus Shelter - Cortland County Planning Department 328 82-14 MedLab Agreement (Drug Testing) - Authorize Agreement with MedLab, Inc., for Drug Screening Services - Probation Department 58 83-14 Authorize Agreement - Amending with BI Incorporated for Monitoring Services - Probation Department 59 175-14 Proposed Local Law No. 11 of 2014 - A Local Law Restating Local Law No. 7 of 2013 Establishing Certain Fees for Probation Services 173 363-14 Authorize Agreement Amendment - Drug Screening - Medlab, Inc. - Probation Department 354 364-14 Authorize Agreement - Electronic Monitoring - BI Incorporated - Probation Department 355 PLANNING PROBATION ---PAGE BREAK--- 05-14 Appoint Public Defender 4 287-14 Authorize Contract/Amend Budget - Public Defender Caseload Reduction Grant 278 88-14 Appropriate 2013 Funds/Amend 2014 Budget - Real Property Tax Services (Computer Software/Professional Services) 62 168-14 Adopt Proposed Local Law No. 5 of 2014 - A Local Law Restating Local Law 3 of 2010 Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-B 150 265-14 Authorize Agreement - Real Property Tax Services - ESRI, Inc. 259 345-14 Authorize Agreement - OCE Reader/Printer - Real Property Tax Services 340 346-14 Authorize Agreement - Image Mage Online - Real Property Tax Services 340 376-14 Fix Date to Sign Warrants - Real Property Tax Services 363 377-14 Amend 2015 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to Reduce Real Property Tax Levy - Real Property Tax Services 364 378-14 Levy Town General and Highway Taxes - Real Property Tax Services 365 379-14 Levying Town Special District Taxes - Real Property Tax Services 366 380-14 Levy County Tax - City of Cortland - Real Property Tax Services 367 381-14 Levying Water Charges - Town of Virgil - Real Property Tax Services 368 382-14 Levying Sewer Charges - Town of Virgil - Real Property Tax Services 368 383-14 Levying Water Charges - Town of Scott - Real Property Tax Services 369 384-14 Levying Water Charges - Town of Harford - Real Property Tax Services 370 385-14 Levying Sewer Charges - Town of Cuyler - Real Property Tax Services 371 386-14 Levying Water Charges - Town of Cortlandville - Real Property Tax Services 371 387-14 Levying Sewer Charges - Town of Cortlandville - Real Property Tax Services 374 388-14 Levying Water Charges - Town of Cincinnatus - Real Property Tax Services 375 91-14 Appoint Records Management Advisory Board 67 07-14 Adopt Rules of Order 5 204-14 Adoption Rules of Order - Cortland County Legislature 201 62-14 Re-Appropriate Funds/Amend 2014 Budget - Safety Office 44 213-14 Adopt Evacuation Policy - Safety Officer 209 87-14 Authorize Payment - Treasurer's Office (Surplus Sales Tax) 62 377-14 Amend 2015 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to Reduce Real Property Tax Levy - Real Property Tax Services 364 78-14 Amend 2014 Budget/Transfer Funds - Sheriff's Department - Motor Vehicle Equipment 55 79-14 Authorize Agreement - Ames Linen/Floor Mats - Sheriff's Department/Jail 56 84-14 Re-Appropriate Funds/Amend 2014 Budget - Sheriff's Department (Motor Vehicle Equipment) 60 203-14 Amend 2014 Budget - Sheriff's Department (Motor Vehicle Equipment, Special Equipment, Equipment Rental) 200 230-14 Accept Grant/Amend Budget - New York Office of Attorney General ("OAG") - Community Overdose Prevention (COP) Program - Sheriff's Department 222 284-14 Amend 2014 Budget/Transfer Funds - Sheriff's Department/Jail (Misc. Support Services) 276 285-14 Accept Funds - STOP DWI Program - Sheriff's Department 277 306-14 Transfer Jail Funds - Miscellaneous Support Services 2014 - Amend 2014 Budget/Transfer Funds - Sheriff's Department/Jail (Miscellaneous Support Services) 298 340-14 New York Office of the Attorney General ("OAG") - Bullet Proof Vest (In Vest) Partnership - Sheriff's Department 337 369-14 Authorize Agreement - Black Creek Integrated Systems Corporation - Sheriff's Department/Jail 358 132-14 Amend 2014 Budget - Snowmobile Trail Development and Maintenance Grant - Planning Department 108 200-14 Authorize Agreements - Cortland County and Cortland County Snowmobile Clubs 2014-2015 - Planning Department 198 REAL PROPERTY SNOWMOBILE MAINTENANCE & DEVELOPMENT SHERIFF SALES TAX PUBLIC DEFENDER RECYCLING (see HIGHWAY) RECORDS MANAGEMENT SAFETY RULES OF ORDER ---PAGE BREAK--- 201-14 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails - Authorize the Chairman to Sign the 2014-2015 SEQR Form - Planning Department 198 202-14 Authorize Grant Application - Cortland County Snowmobile Trail Development and Maintenance 2014-2015 - Planning Department 199 220-14 Amend Budget/Transfer Funds - Department of Social Services - Equipment Rent & Leases 214 225-14 Non-Residential Domestic Violence Agreement and Appropriation - Department of Social Services 218 275-14 Amend Budget - TANF Domestic Violence Funds - Replaces Resolution 225-14 - Department of Social Services 269 297-14 Authorize Agreements - Department of Social Services (Several Agencies, Departments, Etc.) 292 298-14 Authorize Agreements - Department of Social Services (Day Care Services) 292 299-14 Authorize Agreements - Department of Social Services (Work Experience Work Sites) 293 300-14 Authorize Agreements - Department of Social Services (Foster Care) 294 302-14 Amend Budget/Transfer Funds - Department of Social Services - Safety Net 295 303-14 Amend Budget/Transfer Funds - Department of Social Services - Health Insurance 296 20-14 Appoint Members - Soil & Water Conservation District Board of Directors 14 42-14 Authorize Payment - Cortland County - Cortland County Soil and Water Conservation District) 30 117-14 Appoint At Large Member to Soil and Water Conservation Board 94 53-14 Appoint Members - Southern Tier East Regional Planning Development Board (STERPDB) 39 SPCA 44-14 Authorize Agreement - Cortland County SPCA 31 14-14 Appoint Members TC-3 Financial Oversight Committee 12 15-14 Appoint Cortland County Liaison - TC-3 Board of Trustees 12 52-14 Authorize Payment - Tompkins Cortland Community College (Operating Budget 2013 - 2014) 36 179-14 Adopt 2014-2015 Operating Budget - Tompkins Cortland Community College 180 259-14 SEQR Determination - TC3 Capital Improvement Project 247 260-14 Bond Resolution Authorizing the Issuance of Up to $1,339,500 Serial Bonds and Notes of the County of Cortland, New York to Pay a Portion of the Cost of Facility and Infrastructure Improvements at Tompkins-Cortland Community College 248 267-14 Authorize County Attorney to Grant Access Easement at TC3 261 41-14 Authorize Tax Collection System Support Agreement - Treasurer's Office 30 87-14 Authorize Payment - Treasurer's Office (Surplus Sales Tax) 62 111-14 Approve Contract - Phillips Lytle LLP Real Property in Rem Foreclosure Proceedings - Treasurer's Office 84 210-14 Designate Depositories - County Treasurer 205 212-14 Authorize Auctioneer - County Treasurer 206 238-14 Change Hours of Operations - Treasurer's Office 227 261-14 Authorize Apportionment of Mortgage Tax Monies - Treasurer's Office 251 286-14 Transfer Funds - Treasurer's Office 277 344-14 Authorize Agreement - Treasurer's Office - County Wide Cost Allocation Plan - Venesky & Co. 339 372-14 Authorize Apportionment of Mortgage Tax Monies - Treasurer's Office 360 04-14 Appoint Veteran's Service Officer 4 168-14 Adopt Proposed Local Law No. 5 of 2014 - A Local Law Restating Local Law 3 of 2010 Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-B 150 178-14 Abolish/Create - Cortland County Veterans Services Agency Secretary 1/Veterans Services Counselor 178 231-14 Authorize Agreement - Weights and Measures - New York State Department of Agriculture and Markets 223 130-14 Resource Allocation Plan - NYS Office of Children and Family Services - Youth Bureau 106 222-14 Resource Allocation Plan NYS Office of Children and Family Services - Youth Bureau - 2014 Amendment 215 240-14 Appoint/Re-Appoint Members - Cortland County Youth Bureau 230 TOMPKINS CORTLAND COMMUNITY COLLEGE SOUTHERN TIER EAST REGIONAL PLANNING DEVELOPMENT BOARD (STERPDB) SOLID WASTE MANAGEMENT - SEE HIGHWAY SOIL AND WATER CONSERVATION SOCIAL SERVICES YOUTH BUREAU WEIGHTS AND MEASURES VETERAN'S SERVICES TREASURER ---PAGE BREAK--- 2014 Local Laws ---PAGE BREAK--- 1. A Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office – Page 28 2. Setting the Salary of Cortland County Election Commissioners – Page 29 3. A Local Law Restating Local Law No. 3 of 2008 Providing for Enhanced Privacy Protection for Documents Recorded in the Office of the County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk for the Recording, Entering, Indexing and Endorsing a Certificate on any instrument – Page 148 4. A Local Law Restating Local Law No. 1 of 2009 Providing for the Amendment of Local Law No. 1 of 2002 Entitled “A Local Law Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County Pursuant to Article 29, Section 1202-9 of the Tax Law of the State of New York – Page 149 5. A Local Law Restating Local Law No. 3 of 2010 Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b – Page 150 6. A Local Law Restating Local Law No. 6 of 2011 Providing That a Road Preservation Permit Shall be Required for Use of County Roads by Vehicles Which Exceed the Weight or Dimensional Limits in NYS Vehicle and Traffic Law Sections 285 and 1650 – Page 155 7. A Local Law Restating Local Law No. 3 of 2012 Prohibiting Within Cortland County the Use, Possession, Purchase, Attempted Purchase, Selling, Public Display for Sale, Attempted Sale, or Giving of Alternative and/or Marijuana – Page 157 8. A Local Law Restating Local Law No. 4 of 2012 Establishing a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill – Page 160 9. A Local Law Restating Local Law No. 1 of 2013 Establishing the Position of Director of Emergency Response and Communications – Page 172 10. A Local Law Restating Local Law No. 8 of 2013 Amending Local Law No. 3 of 2011 Imposing a Mortgage Recording Tax in Cortland County – Page 176 11. A Local Law Restating Local Law No. 7 of 2013 Establishing Certain Fees for Probation Services – Page 173 12. A Local Law Restating Local Law No. 4 of 2011 Adopting the County of Cortland Employment Policy Manual for Department Heads, Management Employees, Management/Confidential Employees – Page 154 ---PAGE BREAK--- 13. A Local Law Restating Local Law No. 8 of 2012 Establishing Procedures for Leasing County Property at the Cortland County Airport – Page 171 14. Setting the Salary of Cortland County Election Commissioners – Page 181 15. To Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office – Page 182 16. Amending Law No. 1 for the Year 2008 Which Established a Plan of Mutual Self-Insurance for Worker’s Compensation; Amend Rules and Regulations and Apportionment – Page 243 17. Overriding Tax Levy Limit – Page 305 18. Regulating Secondhand Dealers – Page 329 19. To Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office – Page 308 20. Setting the Salary of Cortland County Election Commissioners – Page 310 ---PAGE BREAK--- 1 Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, January 2, 2014 10:00 AM Board Room Salute to the Flag Call to Order PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Park, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: New Business Resolutions AGENDA ITEM NO. 1 – Selecting Chair of the County Legislature and Setting Official Undertaking Mr. Boylan asked if there were any nominations for Chair of the Legislature. Mr. Boyden nominated Susan Briggs. Second by Mr. Whitney. There were no other nominations. Mr. Boylan conducted a roll call vote. The motion was approved with a weighted vote of 46,347. County Clerk Elizabeth Larkin administered the Oath of Office for Ms. Briggs and she took her seat at the dais. ON MOTION OF BOYDEN RESOLUTION NO. 1-14 Selecting Chair of the County Legislature and Setting Official Undertaking WHEREAS, the Rules of the prior Legislature allows for the Organizational Meeting of the succeeding Legislature to be held on or before January 15 for the purposes of organization and selecting a Chair of the County 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 Susan Briggs be and hereby is selected as Chair of the County Legislature to serve during the term of this Board, AND BE IT FURTHER RESULT: ADOPTED [16 TO 1] MOVER: Donnell Boyden, Legislative District 8 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Michael Park ---PAGE BREAK--- 2 RESOLVED, that the amount of the Chairman’s undertaking be zero. AGENDA ITEM NO. 2 – Appoint Clerk of the County Legislature Mr. Troy made a motion to approve the resolution. Second by Ms. Price. Ms. Briggs said there is a lack of guidance in the Rules of Order regarding the appointment process of the five appointments on the agenda. She said the Rules of Order call for a Citizen's Advisory Committee to recommend a candidate, however that committee has been deemed to be illegal, as it conflicts with Local Law No. 7 of 2002. Ms. Briggs said that without clear direction in the Rules of Order she would like to rely on Roberts Rules of Order, which allow the Legislature to nominate candidates from the floor, and she asked that Mr. Troy and Ms. Price withdraw their motion. Mr. Troy and Ms. Price agreed. Ms. Briggs said she will amend the resolution to strike the second "Whereas" clause, and to delete the proposed candidate from the resolution, thus allowing nominations from the floor. Ms. Price nominated Jeremy Boylan. Second by Mr. Snyder. Mr. Troy asked Mr. Purser if it was legal to take nominations from the floor for a position that has not been advertised or for a candidate that has not been vetted by the personnel office. Mr. Purser answered 'No', and that the Legislature should rely upon Local Law 7 of 2002, which requires the Administrator to make a recommendation for these positions. Ms. Briggs said the administrator has provided his recommendation thus fulfilling the Local Law, but it is the Legislature's obligation to nominate people to these positions. Mr. Purser said the case law he has studied indicates that if the Administrator is required to make a recommendation, then the Legislature is required to act upon that recommendation first. Ms. Briggs said that she has spoken with two parliamentarians and several attorneys and she is within her rights to take nominations from the floor first. Mr. Troy said that if a nomination is made for someone other than the administrator's recommendation, then he has concerns because the position was not advertised and there is no guarantee that a different nomination meets the qualifications for the position. There were no other nominations, and Ms. Briggs called for a vote. The motion was unanimously approved. County Clerk Elizabeth Larkin administered the Oath of Office. ON MOTION OF BOYLAN RESOLUTION NO. 2-14 Appoint Clerk of the County Legislature WHEREAS, §475 of County Law, states the legislature shall appoint a clerk who shall serve during the pleasure of the board and until a successor is appointed and has qualified, AND WHEREAS, §57.07 of Arts and Cultural Affairs Law provides for the appointment of a County Historian, AND WHEREAS, the Cortland County Clerk of the Legislature shall also serve as County Historian, NOW THEREFORE IT BE RESOLVED, that Jeremy Boylan be and hereby is appointed Clerk of the County Legislature of Cortland County to serve during the pleasure of this Board and until a successor is appointed and has qualified and shall be compensated in accordance with the Management/Management Confidential Compensation Employment Policy. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 14 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Park, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 3 Receive and File Mr. Troy made a motion to Receive & File the designation forms for the Majority and Minority Leader. Second by Mr. Hartnett. All members voting in favor; none opposed. The motion was approved. Receive & File Designation of Majority Leader – Donnell Boyden AGENDA ITEM NO. 4 – Appoint Cortland County Auditor Ms. Briggs said the third "Whereas" clause will be stricken and the name removed from this resolution, in the same manner as it was in the appointment for Clerk, and nominations will be taken from the floor. Ms. Price nominated Jane Sharpe for Auditor. Second by Mr. Troy. All members voting in favor; none opposed. County Clerk Elizabeth Larkin administered the Oath of Office. ON MOTION OF PRICE RESOLUTION NO. 3-14 Appoint Cortland County Auditor WHEREAS, the Cortland County Legislature, pursuant to County Law 369, has the responsibility to audit all claims, accounts or demands against the County prior to payment, AND WHEREAS, the Cortland County Legislature has created an Audit Department pursuant to Section 600 of County Law, NOW THEREFORE BE IT RESOLVED, that Jane Sharpe be and hereby is appointed as County Auditor for the tenure of this Board consistent with Section 600 of County Law and Section 5 of Public Officers Law and shall be compensated in accordance with the Cortland County Management/Management Confidential Compensation Employment Policy. AGENDA ITEM NO. 5 – Appoint Veterans’ Service Officer Mr. Troy nominated Carl Bullock for Veteran's Service Officer. Second by Ms. Cobb. All members voting in favor; none opposed. The motion was approved. County Clerk Elizabeth Larkin administered the Oath of Office. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 14 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Park, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Thomas P. Hartnett, Legislative District 3 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Park, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 4 ON MOTION OF BOYLAN RESOLUTION NO. 4-14 Appoint Veterans’ Service Officer WHEREAS, Section 357 of Executive Law provides for the appointment by the Chairman, with the approval of the County Legislature, of a Director of Veterans’ Services, NOW THEREFORE BE IT RESOLVED, that Carl Bullock be and hereby is appointed as County Director of Veterans Services to serve for the tenure of this board, AND BE IT FURTHER RESOLVED, that compensation for the position shall be in accordance with the Management/Management Confidential Compensation Employment Policy. AGENDA ITEM NO. 6 – Appoint Public Defender Ms. Briggs said the resolution on the agenda will be amended in the same manner as the previous appointments, and asked for nominations for Public Defender. Mr. Sudbrink nominated Keith Dayton for Public Defender. Second by Mr. Wheelock. Mr. Troy nominated Ed Goehler, second by Mr. Park. Ms. Briggs called for a roll call vote on the first nomination of Mr. Dayton. The motion was approved with a weighted vote of 27,143. County Clerk Elizabeth Larkin administered the Oath of Office. ON MOTION OF BOYLAN RESOLUTION NO. 5-14 Appoint Public Defender WHEREAS, Local Law No. 2 of 1966 provided for the creation of the Public Defender’s Office and established the term of office for the position of Public Defender, NOW THEREFORE BE IT RESOLVED, that Keith Dayton is hereby appointed Public Defender for a two year term and shall be compensated in accordance with the Management/Management Confidential Employment Policy. AGENDA ITEM NO. 7 – Appoint Cortland County Attorney Ms. Briggs said the resolution will be amended as were the previous resolutions. Mr. Boyden nominated Karen Howe. Mr. Troy nominated Edward Purser. Second by Mr. Park. Ms. Briggs called for a vote on the first nomination. The motion was approved with a weighted vote of 40,869. RESULT: ADOPTED [9 TO 7] MOVER: Charles Sudbrink, Legislative District 17 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Park ABSTAIN: Luke Snyder RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Park, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 5 ON MOTION OF BOYDEN RESOLUTION NO. 6-14 Appoint Cortland County Attorney WHEREAS, County Law, Section 500 requires the appointment of a County Attorney, NOW THEREFORE BE IT RESOLVED, that Karen Howe be and hereby is appointed County Attorney to serve during the tenure of this Board and be compensated in accordance with the Management/Management Confidential Compensation Employment Policy, AND BE IT FURTHER RESOLVED, that the County Attorney shall be the legal advisor to the Cortland County Legislature and every officer whose compensation is paid from County funds, in all matters involving an official act of a civil nature. The County Attorney shall prosecute and defend all civil actions and proceedings brought by or against the County, the Cortland County Legislature, and any official act, except as provided by County Law, AND BE IT FURTHER RESOLVED, that all expenses and disbursements incurred by the County Attorney in the performance of any of the above duties shall be paid by the County, subject to audit. AGENDA ITEM NO. 8 – Adopt of Rules of Order Cortland County Legislature ON MOTION OF BOYLAN RESOLUTION NO. 7-14 Adopt of Rules of Order Cortland County Legislature WHEREAS, Local Law No. 2 for year 1972, Section 202, para.5 established that the Cortland County Legislature is empowered to enact rules governing the conduct of the members at its sessions and the manner of transacting business thereat, AND WHEREAS, County Law Section 153[8] empowers the County Legislature to determine the rules of its own proceedings, NOW THEREFORE BE IT RESOLVED, that the attached Exhibit entitled "Rules of Order for the Cortland County Legislature" are hereby adopted, AND BE IT FURTHER RESOLVED, that all resolutions, which amend, repeal or in any manner affect these rules shall include proper reference to section, subsection or paragraph to maintain an orderly codification of these rules, AND BE IT FURTHER RESULT: ADOPTED [12 TO 5] MOVER: John R Troy, Legislative District 1 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Park, Briggs, Steinhoff, Wagner, Denkenberger NAYS: Hartnett, Wheelock, Whitney, Price, Sudbrink RESULT: MOVER: AYES: NAYS: ADOPTED [14 TO 3] Donnell Boyden, Legislative District 8 Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink John R Troy, Michael Park, George Wagner ---PAGE BREAK--- 6 RESOLVED, that the rules shall be published in the annual journal of proceeding, in a booklet form for distribution to legislators and the public, and in electronic form on the County web pages, AND BE IT FURTHER RESOLVED, that this resolution shall take effect January 1, 2014. AGENDA ITEM NO. 9 – Designate Official Newspaper ON MOTION OF BOYLAN RESOLUTION NO. 8-14 Designate Official Newspaper WHEREAS, Section 214 of County Law requires the Legislature to select an official newspaper, NOW THEREFORE BE IT RESOLVED, that the Cortland Standard, published by the Cortland Standard Newspaper, 110 Main Street, Cortland, New York 13045, be and hereby is designated as the official newspaper fairly representing the Cortland County Legislature, for the period of January 1, 2014 through December 31, 2015, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature in conformance with County Law 214 shall cause such designation in writing and signed by a majority of the members representing each of said political parties. The Clerk shall forward this designation to be filed with the Secretary of State no later than January 10, 2014. Announcements Adjourn Ms. Briggs adjourned the meeting. Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, January 23, 2014 10:00 AM Board Room Public Hearing - Local Law of 2014 Ms. Briggs opened the public hearing and Mr. Boylan read the legal notice for the public hearing. As there was nobody who wished to speak, Ms. Briggs closed the public hearing on Local Law A of 2014. Public Hearing - Local Law of 2014 RESULT: ADOPTED [16 TO 1] MOVER: James Denkenberger, Legislative District 16 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Michael Park ---PAGE BREAK--- 7 Ms. Briggs opened the public hearing and Mr. Boylan read the legal notice for the public hearing. As there was nobody who wished to speak, Ms. Briggs closed the public hearing on Local Law B of 2014. Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Park Approval of Minutes 1. Approve Minutes of December 19, 2013 Privilege of the floor Ms. Pamela Jenkins requested Privilege of the Floor, but as she did not wish to address any items on the agenda her request was denied. Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Assigned Counsel Update - County Attorney Karen Howe Ms. Howe said the Assigned Counsel Program is being reviewed, and she has met with a committee of the Cortland County Bar Association to prepare a proposal that will comply with NYS regulations and an 18- B plan the County may adopt. An independent attorney to administer the program. This person would be responsible for accepting/verifying applications and assigning local attorneys that meet the qualifications that each case requires (family court, family court petitions, misdemeanor cases, felony cases.)She said she feels the County Attorney has a conflict she is required to assign attorney's to cases that she must then argue against on behalf of the County. Mr. Murphy said that he has not been made aware of any problems with the system as it is currently set up, and that in family court cases where such a conflict may arise the judges are assigning the cases, rather than the County Attorney. He said the County has never adopted an 18-B plan and therefore is not required to adhere to one. Mr. Wagner asked if the new proposal from the Bar Association creating a new County department would cost more money. Ms. Howe said the costs have yet to be determined. Mr. Hartnett asked what would happen if the County did not accept the Bar Association's proposal. Ms. Howe said if the County rejects all options and continues to operate as it is now, she expects the Bar Association will file a lawsuit against the County. Receive and File 1. Michael Park Resignation Letter 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 8 2. Appointment of Newell Willcox (Homer Town Board) Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions from Building & Grounds AGENDA ITEM NO. 1 – Authorize Agreement Pitney Bowes Postage Machine ON MOTION OF WHEELOCK RESOLUTION NO. 9-14 Authorize Agreement Pitney Bowes Postage Machine WHEREAS, the lease agreement with Pitney Bowes for the County Postage machine has expired, AND WHEREAS, a new lease agreement has been negotiated with Pitney Bowes on a new Postage machine as follows: Terms: 51 months @ $ 475.00/month , NOW THEREFORE BE IT 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 9 AGENDA ITEM NO. 2 – Authorize Agreement Information Technology (All-Mode Communications, Inc.) ON MOTION OF WHEELOCK RESOLUTION NO. 10-14 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 12/31/2013, AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc. for January 1st, 2014 thru December 31st, 2014 has been received in the amount of $10,406.16 if paid annually(includes a 3% discount) to come out of account 1680 1610 54050, NOW THEREFORE BE IT 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. Appointment Resolutions AGENDA ITEM NO. 3 – Re-Appoint Community Service Board Members Ms. Price made a motion to add herself, Mary Ann Discenza and Marie Walsh to the resolution, thus appointing them to the Community Services Board. Second by Mr. Troy. All members voting in favor of the amendment, none opposed. ON MOTION OF BRIGGS RESOLUTION NO. 11-14 Re-Appoint Community Service Board Members WHEREAS, the By-Laws for the Cortland County Community Services Board state that the membership of the Community Services Board shall consist of fifteen (15) persons appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Community Services Board shall be for four years, AND WHEREAS, no person may serve as a member for more than two terms consecutively, NOW RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 10 THEREFORE BE IT RESOLVED, that the following citizens be re-appointed to the Community Services Board for their second four year term: Lisa Cutia Probation Director Christopher Hyde 21 Cayuga St. Homer, NY Barry Kerner 83 S. Main St. Homer, NY Jacqueline Carlton Leaf 189 Green Lake Road Little York Lake Donald Noble PhD 4313 Cosmos Hill Road Cortland, NY Sandra Price 1189 Church Street, Cortland, NY Mary Ann Discenza 20 Pomeroy St., Cortland, NY Marie Walsh 46 Madison Street, Cortland, NY AGENDA ITEM NO. 4 – Appoint/Re-Appoint CSB Subcommittee Members Ms. Price made a motion to add herself to the Mental Health Sub-Committee and Mary Ann Discenza to the Development Disabilities Sub Committee, as ex-officio members. Second by Mr. Wheelock. All members voting in favor; none opposed. The amendment was approved. ON MOTION OF BRIGGS RESOLUTION NO. 12-14 Appoint/Re-Appoint CSB Subcommittee Members WHEREAS, the By-Laws for the Cortland County Community Services Board state that the Community Services Board shall have separate subcommittees for: 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 subcommittee shall be for four years, AND WHEREAS, no person may serve as a member for more than two terms consecutively, NOW THEREFORE BE IT RESOLVED, that the following citizens be appointed or re-appointed to the following subcommittees: Re-Appoint to Chemical Dependency Subcommittee: Aaron Baier 25 Lincoln Avenue, Cortland, NY Lisa Cutia Director of Probation Cortland County Mark Helms P.O. Box 314, McGraw, NY Lisa Hoeschele Family Counseling Services of Cortland Kimberly McRaae Friedman 2151 Ames Road, Cortland, NY RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 11 Appoint to Developmental Disabilities Subcommittee: Rebecca Costa 3 Clinton Street Homer, NY (Replacing Anne Doyle) Re-Appoint to Developmental Disabilities Subcommittee: Kimberly McRae Friedman 2151 Ames Road, Cortland, NY Barry Kerner 83 S. Main Street Homer, NY Donald Noble, PhD 4313 Cosmos Hill Road Cortland, NY Jacquelyn Stegeland 2381 S. Cortland Road Virgil, NY Appoint to Mental Health Subcommittee: Elaine Lambert 5557 Rt 41 Homer, NY (replacing Mary McGory) Re-Appoint to Mental Health Subcommittee: Jacqueline Carlton Leaf 189 Green Lake Rd Little York Lake, NY Marie Walsh 46 Madison Street Cortland, NY AGENDA ITEM NO. 5 – Re-Appoint Member Cortland County Board of Health (Sandra Price) AGENDA ITEM NO. 6 – Appoint Legislative Representatives to the Occupancy Tax Allocation Committee AGENDA ITEM NO. 7 – Appoint Member Open Space Commission - NYSDEC ON MOTION OF BRIGGS RESOLUTION NO. 13-14 Appoint Member Open Space Commission - NYSDEC WHEREAS, the appointment of Charles Sudbrink to the Open Space Committee of the New York State Department of Environmental Conservation, Region 7 has expired, NOW THEREFORE BE IT RESOLVED, that Charles Sudbrink be appointed to the Open Space Committee of the New York State Department of Environmental Conservation Region 7, to a term expiring December 31, 2015. AGENDA ITEM NO. 8 – Appoint Members TC-3 Financial Oversight Committee RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: PULLED RESULT: PULLED ---PAGE BREAK--- 12 ON MOTION OF BRIGGS RESOLUTION NO. 14-14 Appoint Members TC-3 Financial Oversight Committee WHEREAS, there are two vacancies on the TC-3 Financial Oversight Committee with terms that expired on December 31, 2013, NOW THEREFORE BE IT RESOLVED, that Kevin Whitney and George Wagner be appointed to the TC-3 Financial Oversight Committee for a term ending on December 31, 2015. AGENDA ITEM NO. 9 – Appoint Cortland County Liaison TC-3 Board of Trustees ON MOTION OF BRIGGS RESOLUTION NO. 15-14 Appoint Cortland County Liaison TC-3 Board of Trustees WHEREAS, a vacancy exists for the position of Liaison to the TC3 Board of Trustees, AND WHEREAS, Kevin Whitney has agreed to serve in that role, NOW THEREFORE BE IT RESOLVED, that Kevin Whitney 56 Delaware Ave., Cortland, NY 13045, be and hereby appointed as Cortland County’s Liaison to the TC3 Board of Trustees for a term to expire December 31, 2014. AGENDA ITEM NO. 10 – Appoint Members Cortland County Board of Health ON MOTION OF BRIGGS RESOLUTION NO. 16-14 RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 13 Appoint Members Cortland County Board of Health WHEREAS, there is a vacancy on the Cortland County Board of Health to be filled with the current Chairman of the Health Committee, or their designee, NOW THEREFORE BE IT RESOLVED, that Sandy Price, 1189 Church St., Cortland, New York 13045, be and hereby is appointed to the Cortland County Board of Health for a two year term beginning January 1, 2014 and ending December 31, 2015. AGENDA ITEM NO. 11 – Appoint Member Jury Board ON MOTION OF BRIGGS RESOLUTION NO. 17-14 Appoint Member Jury Board 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, 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, 2014. AGENDA ITEM NO. 12 – Appointing Member To Municipal Electric & Gas Alliance Corporation ON MOTION OF BRIGGS RESOLUTION NO. 18-14 Appointing Member To Municipal Electric & Gas Alliance Corporation WHEREAS, Cortland County is a partnering County with the Municipal Electric & Gas Alliance (MEGA), AND WHEREAS, partnering counties are provided an opportunity to represent their respective municipalities in the oversight of the MEGA Corporation, from which is elected a Board of Directors, NOW THEREFORE BE IT RESOLVED, that James Denkenberger, 7738 Shackham Road, Tully NY 13159, is hereby appointed to represent Cortland County as a participating County in the Municipal Electric & Gas RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 14 Alliance. AGENDA ITEM NO. 13 – Appoint Members Cooperative Extension Board of Directors ON MOTION OF BRIGGS RESOLUTION NO. 19-14 Appoint Members Cooperative Extension Board of Directors WHEREAS, there are two vacancies on the Cooperative Extension Board of Directors, NOW THEREFORE BE IT RESOLVED, that the following persons be and hereby are appointed to the Cooperative Extension Board of Directors for a two year term ending December 31, 2015. Donnel Boyden, 6460 Rte. 41, Homer, NY 13077 Sandy Price, 1189 Church St., Cortland, NY 13045 AGENDA ITEM NO. 14 – Appoint Members - Soil & Water Conservation District Board of Directors ON MOTION OF BRIGGS RESOLUTION NO. 20-14 Appoint Members - Soil & Water Conservation District Board of Directors WHEREAS, Resolution 14-12 appointed Legislators Donnell Boyden and Ray Parker as the Legislative Representatives to the Cortland County Soil & Water Conservation District Board of Directors, AND WHEREAS, said appointments expired December 31, 2013, NOW THEREFORE BE IT RESOLVED, that Legislators Donnell Boyden and Charles Sudbrink be appointed for their tenure in office to expire on December 31, 2015. Resolutions from Highway Committee AGENDA ITEM NO. 15 – Authorize Agreement / New York State / Kinney Gulf Bridge Replacement RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 15 Project ON MOTION OF BOYDEN RESOLUTION NO. 21-14 Authorize Agreement / New York State / Kinney Gulf Bridge Replacement Project WHEREAS, the Highway Committee desires to Authorize the implementation, and funding in the first instance 100% of the Federal-Aid Program-aid eligible costs, of a transportation Federal-Aid project, and appropriating funds therefore, AND WHEREAS, the Project for the Kinney Gulf Road Bridge Replacement Project (PIN 375473/D034299/BIN3311860) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal Funds and 20% non-Federal Funds, AND WHEREAS, the said project may also be eligible for reimbursement of 15% of the project costs through NYSDOT AID (Marchiselli aid) providing the funds are appropriated by the State of New York, AND WHEREAS, Cortland County desires to advance the Project by making a commitment of 100% of the non-federal share of Scoping, Design (Phases I-VI), Construction and Construction Inspection, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby approves the above-subject project, AND BE IT FURTHER RESOLVED, that the County Legislature hereby authorizes the County of Cortland to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping, Design (Phases I-VI), Construction and Construction Inspection for the Project or portions thereof, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to establish the following, an appropriation account in the amount of $1,910,000.00 and revenue accounts for the Local, State and Federal shares, AND BE IT FURTHER RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated, the Legislature of Cortland County shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature of Cortland County be and is hereby authorized and directed to execute all necessary Agreements, certifications or reimbursement as approved to form by the County Attorney, on behalf of the County of Cortland in connection with the advancement or approval of the Project, AND BE IT FURTHER RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 16 RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, AND BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. AGENDA ITEM NO. 16 – Authorize Agreement / New York State/ Bridge Painting Project ON MOTION OF BOYDEN RESOLUTION NO. 22-14 Authorize Agreement / New York State/ Bridge Painting Project WHEREAS, the Highway Committee desires to Authorize the implementation, and funding in the first instance 100% of the Federal-Aid Program-aid eligible costs, of a transportation Federal-Aid project, and appropriating funds therefore, AND WHEREAS, the Project for the Cortland County Bridge Painting Project (PIN 375603/D034281) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal Funds and 20% non-Federal Funds, AND WHEREAS, the said project may also be eligible for reimbursement of 15% of the project costs through NYSDOT AID (Marchiselli aid) providing the funds are appropriated by the State of New York, AND WHEREAS, Cortland County desires to advance the Project by making a commitment of 100% of the non-federal share of Scoping, Design (Phases I-VI), Construction and Construction Inspection, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby approves the above-subject project, AND BE IT FURTHER RESOLVED, that the County Legislature hereby authorizes the County of Cortland to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping, Design (Phases I-VI), Construction and Construction Inspection for the Project or portions thereof, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to establish the following, an appropriation account in the amount of $1,110,000.00 and revenue accounts for the Local, State and Federal shares, AND BE IT FURTHER RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated, the Legislature of Cortland County shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, AND BE IT FURTHER RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 17 RESOLVED, that the Chairman of the County Legislature of Cortland County be and is hereby authorized and directed to execute all necessary Agreements, certifications or reimbursement as approved to form by the County Attorney, on behalf of the County of Cortland in connection with the advancement or approval of the Project, AND BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, AND BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Resolutions from Solid Waste Committee Resolutions from Health & Human Services AGENDA ITEM NO. 17 – Accept Funds Health Department/Administration Integrated Cancer Services Program ON MOTION OF PRICE RESOLUTION NO. 23-14 Accept Funds Health Department/Administration Integrated Cancer Services Program WHEREAS, the New York State Department of Health has awarded Cortland County Health Department an additional $1,370 for the contract term of 4/1/13-3/31/14 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, $1,370 for the period of 04/01/2013-03/31/2014, needs to be added in the 2014 County Budget Revenue Account A401043.43450.4007 $1,370 for the period of 04/01/2013-03/31/2014, funds need to be added in the 2014 County Budget Expenditure Account A40105.54500.4007 $1,370 (Medical Fees), NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A401043.43450.4007 Breast/HRI/Ca Screening Revenue $1,370 Increase: Expenditure: A40105.54500.4007 Medical Fees $1,370 AGENDA ITEM NO. 18 – Amend Resolution #52-13/Authorize Agreements Health Department/Environmental Health Rabies Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 18 ON MOTION OF PRICE RESOLUTION NO. 24-14 Amend Resolution #52-13/Authorize Agreements Health Department/Environmental Health Rabies Program WHEREAS, Resolution # 52-13 gave the Cortland County Health Department permission to accept an agreement with the New York State Department of Health to enter into a contract for the Rabies Program for the period 4/1/2012 through 3/31/2017 for $72,558.20 to continue to provide human rabies treatment, specimen collection, pet vaccination clinics, and education and prevention activities, AND WHEREAS, New York State Department of Health has reduced the amount of the contract by $810 for each year remaining on the contract. Beginning 4/1/13-3/31/14, the estimated grant award for each of the remaining four years of the contract will be $13,702, for a total of $69,321 for the 5 year contract, AND WHEREAS, $13,702 are in the 2013/2014 County Budget and subsequent Annual Budgets in Expenditure Accounts A40125.54001-54500.4022, $13,702 (Contractual), and Revenue Account A401243.43450.4022, $13,702, 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 in agreement with NYS Health Dept. to accept these funds. AGENDA ITEM NO. 19 – Authorize Amended Agreement Health Department/Administration/Special Programs Traffic Safety and Injury Prevention Program ON MOTION OF PRICE RESOLUTION NO. 25-14 Authorize Amended Agreement Health Department/Administration/Special Programs Traffic Safety and Injury Prevention Program WHEREAS, Resolution #324-13 gave the Cortland County Health Department permission to enter into an agreement with the State of New York through the Governor’s Traffic Safety Committee for the period of 10/01/13-9/30/14 to continue to fund the Traffic Safety and Injury Prevention Program, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 19 WHEREAS, funding for the period (10/1/13-9/30/14) is in the amount of $36,265, AND WHEREAS, $34,763 is already in the budget accounts A40105.51005 $21,044 (Personal Services), A40105.58020-58065.4003 $9,956 (Fringe), A40105.54005.4003 - A40105.54078.4003 $5,265(Contractual), and Revenue Account A401043.43450.4003 $34,763 (Traffic Safety), NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended as follows: Increase: Revenue: A401043.43450.4003 Traffic Safety Grant $1,502 , AND BE IT FURTHER 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. 20 – Accept Funds Health Department/ Children with Special Health Care Needs Program) Cost of Living Adjustment (COLA) ON MOTION OF PRICE RESOLUTION NO. 26-14 Accept Funds Health Department/ Children with Special Health Care Needs Program) Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $1,447 in the form of a Cost of Living Adjustment to the Children with Special Health Care Needs Program funded by the NYS Dept. Health for the period 4/1/13 through 3/31/14 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Children with Special Health Care Needs Program, AND WHEREAS, $1,447 for the period of 04/01/2013-03/31/2014, needs to be added in the 2014 County Budget Revenue Account A405944.44451. $1,447 for the period of 04/01/2013- 03/31/2014, funds are already reflected in the 2013/2014 County Budget Expenditure Accounts $1,447 (Maintenance in Lieu of Rent), NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A405944.44451 EIP Admin $1,447 AGENDA ITEM NO. 21 – Accept Funds Health Department/ Jacobus Center for Reproductive Health RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 20 (Family Planning Program) Cost of Living Adjustment (COLA) ON MOTION OF PRICE RESOLUTION NO. 27-14 Accept Funds Health Department/ Jacobus Center for Reproductive Health (Family Planning Program) Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $29,374 in the form of a Cost of Living Adjustment to the Family Planning Program funded by the NYS Dept. Health for the period 4/1/13 through 3/31/14 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Family Planning Program, AND WHEREAS, $29,374 for the period of 04/01/2013-03/31/2014, needs to be added in the 2014 County Budget Revenue Account A403543.43435. $29,374 for the period of 04/01/2013- 03/31/2014, funds are already reflected in the 2013/2014 County Budget Expenditure Account A40355.58020-58065 $29,374 (Fringe), NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A403543.43435 Jacobus Revenue $29,374 AGENDA ITEM NO. 22 – Accept Funds Health Department/Lead Poisoning (Lead Poisoning Prevention Program) Cost of Living Adjustment (COLA) ON MOTION OF PRICE RESOLUTION NO. 28-14 Accept Funds Health Department/Lead Poisoning (Lead Poisoning Prevention Program) Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $3,213 in the form of a Cost of Living Adjustment to the Lead Poisoning Prevention Program funded by the NYS Dept. Health for the period 4/1/13 through 3/31/14 to promote the recruitment and retention of staff or respond to other critical non-personal service costs, AND WHEREAS, $3.213 for the period of 04/01/2013-03/31/2014, needs to be added in the 2014 County Budget Revenue Account A401143.43450.4033. $3,213 for the period of 04/01/2013- 03/31/2014, funds are already reflected in the 2013/2014 County Budget Expenditure Accounts A40115.58020-58065 $3,213 (Fringe), NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 21 RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A401143.43450.4033 Lead Poisoning Prevention Grant $3,213 AGENDA ITEM NO. 23 – Accept Funds Health Department/Environmental Health Rabies Reimbursement Cost of Living Adjustment (COLA) ON MOTION OF PRICE RESOLUTION NO. 29-14 Accept Funds Health Department/Environmental Health Rabies Reimbursement Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $1,164 in the form of a Cost of Living Adjustment to the Rabies Reimbursement program funded by the NYS Dept. Health for the period 4/1/13 through 3/31/14 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Rabies Program, AND WHEREAS, $1,164 for the period of 04/01/2013-03/31/2014, needs to be added in the 2014 County Budget Revenue Account A401243.43450.4022. $1,164 for the period of 04/01/2013- 03/31/2014, funds are already reflected in the 2013/2014 County Budget Expenditure Account A40125.58020-58065 $1,164 (Fringe), NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A401243.43450.4022 Rabies State Aid $1,164 AGENDA ITEM NO. 24 – Accept Funds Health Department/Tobacco (Tobacco Use Prevention Program) Cost of Living Adjustment (COLA) ON MOTION OF PRICE RESOLUTION NO. 30-14 Accept Funds Health Department/Tobacco (Tobacco Use Prevention Program) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 22 Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $10,466 in the form of a Cost of Living Adjustment to the Tobacco Use Prevention Program funded by the NYS Dept. Health for the period 4/1/13 through 3/31/14 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Tobacco Use Prevention Program, AND WHEREAS, $10,466 for the period of 04/01/2013-03/31/2014, needs to be added in the 2014 County Budget Revenue Account A401043.43450.4002. $10,466 for the period of 04/01/2013- 03/31/2014, funds are already reflected in the 2013/2014 County Budget Expenditure Accounts, $643.00 A40105.51005 (Personnel), and $9,823.00 A40105.58020- 58065(Fringe), NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A401043.43450.4002 Tobacco Use Prevention Grant $10,466 Resolutions from Judiciary & Public Safety AGENDA ITEM NO. 25 – Re-Appropriate Funds Amend Jail Renovations 2014 ON MOTION OF BUSHNELL RESOLUTION NO. 31-14 Re-Appropriate Funds Amend Jail Renovations 2014 WHEREAS, there were unused funds remaining in the Jail Renovations on December 31, 2013 of $69,220.60, AND WHEREAS, this balance remains, due to, renovations not completed in the County Jail by the end of 2013, AND WHEREAS, to utilize the balance into the 2014 Jail Renovations to purchase the remaining items to complete the renovation of the County Jail in 2014, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended to increase the 2014 Budget as follows, Increase: A31505-52073-2350 Jail Renovations/Gym $69,220.60 Resolutions from Ag/Planning/Environment AGENDA ITEM NO. 26 – Amend 2014 Budget No-Cost Time Extension of Local/Miscellaneous Contract New York State Department of Transportation (NYSDOT) Section 5316 - Job Access Reverse Commute (JARC) Section 5317 - New Freedom (NF) Cortland County Planning 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 23 ON MOTION OF TROY RESOLUTION NO. 32-14 Amend 2014 Budget No-Cost Time Extension of Local/Miscellaneous Contract New York State Department of Transportation (NYSDOT) Section 5316 - Job Access Reverse Commute (JARC) Section 5317 - New Freedom (NF) 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, 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, Seven Valley Health Coalition is requested from NYS Department of Transportation a No Cost Time Extension for the Mobility Management portion of the Job Access and Reverse Commute (JARC) and New Freedom (NF) Grant in order to continue Personnel, Consultants, Program Expenses and Overhead portions of the grants, AND WHEREAS, Resolution 334-13 approved the Chairman of the Legislature to sign the Request for No-Cost Time Extension of Local/Miscellaneous Contract, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended as follows: Increase Appropriations: A80205.54055.8021 - Section 5316 JARC $131,963.59 A80205.54055.8022 - Section 5317 NF $125,348.90 RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 24 Increase Revenue: A802043.43594.8021 - Section 5316 JARC $81,446.97 A800243.43594.8022 - Section 5317 NF $74,832.27 A802042.42189.8021 - Section 5316 JARC $50,516.63 A802042.42189.8022 - Section 5317 NF $50,516.62 AGENDA ITEM NO. 27 – Authorize Chairman to Sign 2014 Agreement Central New York Regional Planning Development Board Planning Department ON MOTION OF TROY RESOLUTION NO. 33-14 Authorize Chairman to Sign 2014 Agreement Central New York Regional Planning Development Board 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 2014 in the amount of $16,254.00 has been received, AND WHEREAS, funds for this payment are included in the 2014 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 2014 with the Central New York Regional Planning and Development Board. AGENDA ITEM NO. 28 – Authorize Chairman to Sign 2014 Agreement Cortland County and Southern Tier East Regional Planning Development Board Planning Department ON MOTION OF TROY RESOLUTION NO. 34-14 Authorize Chairman to Sign 2014 Agreement Cortland County and Southern Tier East Regional Planning Development Board Planning Department WHEREAS, a proposed agreement between Cortland County and the Southern Tier East Regional 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 25 Planning Development Board for 2014 in the amount of $10,000 have been received, AND WHEREAS, funds for this payment of $10,000 are included in the 2014 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 2014 with the Southern Tier East Regional Planning Development Board. AGENDA ITEM NO. 29 – Authorize 2014 Agreement Cortland County and Cartographic Associates, Inc. (DBA: CAI Technologies) Planning Department ON MOTION OF TROY RESOLUTION NO. 35-14 Authorize 2014 Agreement Cortland County and Cartographic Associates, Inc. (DBA: CAI Technologies) 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) 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, James W. Sewall Company had provided and will no longer be providing Cortland County Planning Department with Internet Mapping Services site, AND WHEREAS, CAI Technologies and James W. Sewall Company have embarked on a cooperative effort to transition the bulk of map/GIS maintenance and web hosting clients from James W. Sewall to CAI Technologies, AND WHEREAS, CAI Technologies has presented a proposal for hosting Query Manager Online (QMO) GIS services for the 2014, 2015 and 2016 time period which includes set up and hosting of the QMO, AND WHEREAS, the County shall pay $1,800 for 2014 Query Manager Online annual hosting fee and $3,600 annually for the 2015 and 2016 hosting service, AND WHEREAS, the funds for the 2014 payment of said agreement are included in the 2014 budget, AND WHEREAS, the $3,600 annually for the 2015 and 2016 hosting service will be committed to the respective budgets, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 26 Attorney, be and hereby is authorized to sign an agreement with CAI Technologies. AGENDA ITEM NO. 30 – Amend 2014 Budget NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years NYS DOT Contract Number C003761 Planning Department ON MOTION OF TROY RESOLUTION NO. 36-14 Amend 2014 Budget NYS Department of Transportation Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years NYS DOT Contract Number C003761 Planning Department WHEREAS, Resolution 276-12 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, AND WHEREAS, to continue this program in 2014, a budget amendment is required, NOW THEREFORE BE IT RESOLVED, that the 2014 Budget be amended as follows: Increase: Expense: A56305.52030 Motor Vehicle $16,313.09 Increase: Revenue: A563044.44597 Section 5311 Capital Project/state/fed $253,890.00 AGENDA ITEM NO. 31 – Amend 2014 Budget Reserve Account Auction/Sale of Public Transit Buses Planning Department ON MOTION OF TROY RESOLUTION NO. 37-14 Amend 2014 Budget Reserve Account Auction/Sale of Public Transit Buses Planning Department WHEREAS, the County of Cortland receives money from the auction and sale of the disposal of buses of under the Cortland County public transportation system, AND RESULT: ADOPTED [16 TO 1] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 27 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 the used buses shall be used to reduce the gross project cost of other capital transit projects, AND WHEREAS, the monies are to be deposited into reserve account A369110 to be held until a resolution for the funds to be deposited into the Motor Vehicle Equipment account for the use of offsetting operating or capital expenses, AND WHEREAS, to continue with the use of offsetting operating or capital expense for the 2014 year, NOW THEREFORE BE IT RESOLVED, that the 2014 Budget be amended as follows: Increase Account A369110 $5,150.00 Resolutions from Personnel Committee AGENDA ITEM NO. 32 – Amend Budget Re-appropriate Funds from 2013 to 2014 County Legislature ON MOTION OF PRICE RESOLUTION NO. 38-14 Amend Budget Re-appropriate Funds from 2013 to 2014 County Legislature WHEREAS, funds were allotted and not expended in the county budget for 2013, NOW THEREFORE BE IT RESOLVED, that the County Treasurer be authorized and directed to re-appropriate the funds from the 2013 county budget to the 2014 county budget as follows; Increase Expense: 2014 A10105 52015 1011 Technical Equipment $ 2,500.00 A10105 54004 1011 Software Maintenance $12,960.00 A10105 54035 Education and Training $ 1,170.00 AGENDA ITEM NO. 33 – Adopt Proposed Local Law No. 1 for the Year 2014 A Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office Mr. Willcox asked what this will cost the County. Mr. Murphy said he does not have a dollar amount, but that it will be a 1.5% increase, which is budgeted. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 28 ON MOTION OF PRICE RESOLUTION NO. 39-14 Adopt Proposed Local Law No. 1 for the Year 2014 A Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office BE IT ENACTED by the Legislature of the County of Cortland, as follows: SECTION 1. LEGISLATIVE INTENT The County Legislature hereby states the intent of this local law is to preserve the integrity of the Management Compensation Plan, the goal of which is to treat all employees equally by maintaining grade level salary increments attached to years of service to the county. It is therefore necessary for the County Legislature to extend by local law the same increase in salary for those county officers elected or appointed for a fixed term, in compliance with New York State County Law §201, as has been previously Confidential Employees through Cortland County Local Law No. 4 of 2011. SECTION II. The Cortland County Employment Policy Manual for Department Heads, Management and Management/Confidential Employees includes a Grade and Step Schedule, with salary increments tied to grade levels and years of service. Certain officers are excluded pursuant to New York State County §201, as the salary of any officer elected or appointed for a fixed term may only be increased by local law subject to permissive referendum as provided for in Municipal Home Rule Law §24(2)(h). SECTION III. The same rate of annual salary increase for fiscal year 2014 extended to Cortland County Management and Management/Confidential Employees through the modification of the Grade and Step Schedule, shall be provided to those officers elected or appointed for a fixed term, during their term of office. The annual salary of said officers elected or appointed for a fixed term, during their term of office, is to be adjusted and paid over the balance of the 2014 calendar year, upon the effective date of this local law. This Local Law shall function to increase the salary of the following officers elected or appointed for a fixed term, during their term of office: Elected officers include: County Clerk County Coroner(s) County Sheriff County Treasurer Officers appointed for a fixed term include: Commissioner of Social Services RESULT: ADOPTED [13 TO 4] MOVER: Sandra Price, Minority Leader SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Wheelock, Briggs, Steinhoff, Whitney, Price, Sudbrink NAYS: Donnell Boyden, Newell Willcox Jr., George Wagner, James Denkenberger ---PAGE BREAK--- 29 Highway Superintendent Personnel Officer Public Health Director Real Property Tax Services Director SECTION IV: This local law is subject to permissive referendum and shall not take effect until at least forty- five (45) days after its adoption as provided for by Municipal Home Rule Law §24. AGENDA ITEM NO. 34 – Adopt Proposed Local Law No. 2 for the Year 2014 A Local Law Setting the Salary of Cortland County Election Commissioners ON MOTION OF PRICE RESOLUTION NO. 40-14 Adopt Proposed Local Law No. 2 for the Year 2014 A Local Law Setting the Salary of Cortland County Election Commissioners Be it enacted by the County Legislature of the County of Cortland as follows: Section I: Pursuant to Election Law §3-208, each Cortland County Election Commissioner shall receive an equal annual salary, to be fixed by the County Legislature. Section II: The annual salary for each Cortland County Election Commissioner shall be increased from $28,837 to $29,269.56 for fiscal year 2014 and paid over the balance of 2014 calendar year, upon the effective date of this local law. Section III: This local law is subject to permissive referendum and shall not take effect until at least forty- five (45) days after its adoption as provided for by Municipal Home Rule Law §24. Resolutions from Budget & Finance AGENDA ITEM NO. 35 – Authorize Tax Collection System Support Agreement Treasurers Office Mr. Whitney made a motion to amend the resolution to authorize the $14,000 payment to be split - $7,000 in January and the other $7,000 in July. Second by Mr. Troy. All members voting in favor; none opposed. The resolution was amended. RESULT: ADOPTED [15 TO 2] MOVER: Sandra Price, Minority Leader SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: Newell Willcox Jr., George Wagner ---PAGE BREAK--- 30 ON MOTION OF WHITNEY RESOLUTION NO. 41-14 Authorize Tax Collection System Support Agreement Treasurers Office WHEREAS, The Cortland County Treasurers 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 $14,000.00, the same amount as 2013. These funds shall be taken from the budgeted account A13255.54015, Maintenance Agreement and Repairs, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature of Cortland County be an hereby is authorized to sign the agreement on behalf of Cortland County, upon approval of the County Attorney. AGENDA ITEM NO. 36 – Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) ON MOTION OF TROY RESOLUTION NO. 42-14 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) WHEREAS, the 2014 Adopted Budget appropriated the sum of $275,000.00 to 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 $275,000.00 (Account Number A87105 54850) on or after February 18, 2014 to the Cortland County Soil and Water Conservation District to be used for the maintenance of said conservation district in carrying out 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 31 provisions of the Soil Conservation Districts Law, AND BE IT FURTHER RESOLVED, that at any time during 2014, 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. 37 – Authorize Agreement Cortland County (Cornell Cooperative Extension) ON MOTION OF TROY RESOLUTION NO. 43-14 Authorize Agreement Cortland County (Cornell Cooperative Extension) WHEREAS, the 2014 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. 38 – Authorize Agreement Cortland County SPCA ON MOTION OF TROY RESOLUTION NO. 44-14 Authorize Agreement Cortland County SPCA WHEREAS, the Cortland County Legislature has appropriated funds for use by the Cortland RESULT: ADOPTED [16 TO 1] MOVER: John R Troy, Legislative District 1 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: George Wagner 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 32 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 $42,000.00 paid by the county, beginning January 1, 2014, and ending December 31, 2014, 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 $42,000 (Account Number A35105 544820) in accordance with the terms of said contract. AGENDA ITEM NO. 39 – Authorize Agreement Cortland County (1890 House) ON MOTION OF WHITNEY RESOLUTION NO. 45-14 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 2014 Budget for the 1890 House, NOW THEREFORE BE IT RESOLVED, that the Chair of Legislature, upon review and approval of the County Attorney, be and hereby is authorized to execute an agreement for the amount of $12,500.00 with the 1890 House Museum. AGENDA ITEM NO. 40 – Authorize Agreement Cortland County (CNY Living History Center) ON MOTION OF WHITNEY RESOLUTION NO. 46-14 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [15 TO 2] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Sudbrink NAYS: George Wagner, James Denkenberger ---PAGE BREAK--- 33 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 2014 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. 41 – Authorize Agreement Finger Lakes Library Association ON MOTION OF WHITNEY RESOLUTION NO. 47-14 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 2014, 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. 42 – Authorize Agreement Cortland County Cortland County Historical Society ON MOTION OF WHITNEY RESOLUTION NO. 48-14 RESULT: ADOPTED [16 TO 1] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: George Wagner 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 34 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 2014 Budget in account A75205 54826, 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 with the Cortland County Historical Society for the purposes of collecting and preserving historical records of Cortland County. AGENDA ITEM NO. 43 – Authorize Agreement Lime Hollow Nature Center ON MOTION OF WHITNEY RESOLUTION NO. 49-14 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 2014 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. 44 – Authorize Agreement Cortland County (Federation of Sportsmen) ON MOTION OF WHITNEY RESOLUTION NO. 50-14 RESULT: ADOPTED [16 TO 1] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: George Wagner RESULT: ADOPTED [16 TO 1] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: George Wagner ---PAGE BREAK--- 35 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, 2014 through December 31, 2014. AGENDA ITEM NO. 45 – Authorize Agreement Cortland County Convention and Visitors Bureau for Provision of Public Benefits Services for Promotion and Publicity ON MOTION OF WHITNEY RESOLUTION NO. 51-14 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 2014 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 ($458,300) 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, RESULT: ADOPTED [15 TO 2] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Sudbrink NAYS: George Wagner, James Denkenberger ---PAGE BREAK--- 36 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 $229,150 in advance, semi- annually, 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, 2014 to December 31, 2014. 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 2014 with the Cortland County Convention and Visitors Bureau for the sum of $458,300 in accordance with the terms of said contract. AGENDA ITEM NO. 46 – Authorize Payment Tompkins Cortland Community College (Operating Budget 2013-2014) ON MOTION OF WHITNEY RESOLUTION NO. 52-14 Authorize Payment Tompkins Cortland Community College (Operating Budget 2013-2014) WHEREAS, the Cortland County Legislature by Resolution No. 151-13 approved the 2013- 2014 Operating Budget for Tompkins Cortland Community College and appropriated the necessary funds in the 2014 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 2013- 2014 on the following dates in the following manner: February 1, 2014 $409,434.00 April 1, 2014 $409,434.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 37 June 1, 2014 $409,434.00 August 1, 2014 $409,434.00 Total $1,637,736.00 , 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. Announcements Ms. Price said the Personnel Committee will be reviewing the Rules of Order and the Department Head appointment process and encouraged legislators to provide any input. Executive Session Mr. Willcox made a motion to go into Executive Session to discuss pending litigation. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved and the Legislature held an executive session. Adjourn Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, February 27, 2014 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink ABSENT: Cobb (Excused), Wagner (Excused), Park Approval of Minutes Approve Minutes of January 23, 2014 ---PAGE BREAK--- 38 Approve Minutes of Jan. 2, 2014 Privilege of the floor Dr. Meche Nagel spoke about a cooperative effort to reduce jail population. She said there are alternatives to incarceration, and working proactively with residents who face mental health challenges can help reduce costs spent in other avenues. She encouraged the Legislature to look into alternatives like this while considering options of a new jail. Proclamations & Recognitions Mr. Boylan read a recognition of Mary Beach, recent retired Director of Caring Community Hospice. Ms. Price presented the recognition and thanked Ms. Beach for her years of service. Mr. Boylan read another recognition for Don Chambers, Highway Superintendent who will be leaving County employment March 14. Mr. Hartnett presented the recognition, and thanked Mr. Chambers. Undersheriff Herb Barnhart also presented Mr. Chambers with a Certificate of Merit from the Sheriff's Department. Presentation of Petitions, Communications, and Notice Receive and File Cortland County Clerk 2013 Annual Report Ms. Price made a motion to Receive & File the 2013 Annual Report for the County Clerk. Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Chair's Appointments AGENDA ITEM NO. 1 – Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 39 ON MOTION OF BRIGGS RESOLUTION NO. 53-14 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) WHEREAS, the terms of membership of the Cortland County representatives to the STERPDB have expired, AND WHEREAS, Cortland County is entitled to three representatives, NOW THEREFORE BE IT RESOLVED, that the following individuals be appointed to STERPDB for a two year term ending December 31, 2015: Dan Dineen, Director of Planning, Jim Denkenberger, Cortland County Legislator Brian Tobin, Mayor, City of Cortland AGENDA ITEM NO. 2 – Appoint Member CNY Regional Market Authority ON MOTION OF BRIGGS RESOLUTION NO. 54-14 Appoint Member CNY Regional Market Authority WHEREAS, Section 827 of the Public Authority Law of the State of New York provides that each County Legislature of the Central New York Regional Market District shall name directors to the Central New York Regional Market Authority, AND WHEREAS, the term of appointment of Danny Ross has expired, NOW THEREFORE BE IT RESOLVED, that Danny Ross be re-appointed to represent Cortland County on said Board, effective immediately for a term to expire December 31, 2015. AGENDA ITEM NO. 3 – Appoint/Re-Appoint Members Cortland County Youth Bureau RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 40 ON MOTION OF BRIGGS RESOLUTION NO. 55-14 Appoint/Re-Appoint Members Cortland County Youth Bureau RESOLVED, that the following persons be and hereby are appoint/re-appointed to the Cortland County Youth Board, to serve without compensation for the following terms. NAME/REPRESENTING ADDRESS TERM Mike Catalano/ City Police Department 25 Court Street, Cortland 1/01/2014- 12/31/2017 Jeremy Boylan/ Legislative Representative 37 River Street, Homer 1/01/2014-12/31/2017 Calvin Taylor/ Citizen Representative 58 Elm Street, Cortland 1/01/2014-12/31/2017 Janis Stewart/ Citizen Representative 4 Dawn Drive, Cortland 1/01/2014-12/31/2017 Michael Kilmer/ Citizen Representative 98 Main Street, Homer 4/01/2014-12/31/2017 Nancy Kroot/ Citizen Representative 4030 Kinney Gulf Road, Cortland 1/01/2014- 12/31/2017 Brian Moore/ DSS Representative 2817 Webb Road, Cortland 3/1/2014- 12/31/2017 Luke Snyder/ Legislative Representative 5 Cedar Street, Cortland 1/1/2014-12/31/2014 Nolan Moore/ Youth Representative 2817 Webb Road, Cortland 3/1/2014-12/31/2015 AGENDA ITEM NO. 4 – Appoint Legislative Representatives to the Occupancy Tax Allocation Committee RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 41 ON MOTION OF BRIGGS RESOLUTION NO. 56-14 Appoint Legislative Representatives to the Occupancy Tax Allocation Committee WHEREAS, the Cortland County Occupancy Tax Allocation Committee presently is comprised of the Director of the Cortland County Convention and Visitors Bureau, three members from the Tourism Board and three members from the Cortland County Chamber of Commerce Board, AND WHEREAS, it is desired to add two Legislators representing each political party to the committee to determine recommendations/allocations of Occupancy Tax Monies, NOW THEREFORE BE IT RESOLVED, that George Wagner and Knolls be and hereby are appointed so serve on the Cortland County Occupancy Tax Allocation Committee for a term to expire Dec. 31, 2014. 17/AGENDA ITEM NO. 5 – Appoint Members Central New York Regional Planning and Development Board ON MOTION OF BRIGGS RESOLUTION NO. 57-14 Appoint Members Central New York Regional Planning and Development Board WHEREAS, the terms of Cortland County Representatives have expired on the Central New York Regional Planning and Development Board, NOW THEREFORE BE IT RESOLVED, that the following be re-appointed in conformance with the Regional Planning and Development Board By-Laws: Dan Dineen Planning Representative Term expires 12/31/15 Jim Murphy At Large Member Term expires 12/31/15 Joe Steinhoff Legislature Representative Term expires 12/31/15 AGENDA ITEM NO. 6 – Appoint Members - Cortland County Industrial Development Agency Ms. Briggs said there are two new members being appointed, and five members being re- appointed. RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 42 ON MOTION OF BRIGGS RESOLUTION NO. 58-14 Appoint Members - Cortland County Industrial Development Agency WHEREAS, pursuant to General Municipal Law 856, the Cortland County Legislature, on recommendation of the Chairman of the Cortland County Legislature, is required to appoint the members of the Industrial Development Agency Board of Directors, NOW THEREFORE BE IT RESOLVED, that the following individuals are appointed to the Industrial Development Agency Board of Directors effective immediately for a two year term to expire 12/31/15 or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years: John Shirley, 901 Alfred Lane, Homer, NY 13077 Stephen Compagni, 1657 Lighthouse Hill Road, Homer, NY 13077 Steven Servies, Hewitt Road, Homer, NY 13077 Michael McMahon, Creal Road, Homer, NY 13077 John O. Reagan, 96 Elm Street, Cortland, NY 13045 Johanna Ames, 972 Beechwood Lane, Cortland, NY 13045 David McNeil, Highland Road, Cortland, NY 13045 , AND BE IT FURTHER RESOLVED, that Michael McMahon shall serve as Chairman of said Board. AGENDA ITEM NO. 7 – Appoint Member - Cortland County Fire Advisory Board ON MOTION OF BRIGGS RESOLUTION NO. 59-14 Appoint Member - Cortland County Fire Advisory Board 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 43 WHEREAS, Article 3, Section 4 of the Cortland County Fire Advisory Board By-Laws states that the term of each member be one year, AND WHEREAS, Resolution No. 342-13 appointed the 2014 Fire Advisory Board, but left the Legislature’s representative vacant for appointment in 2014, NOW THEREFORE BE IT RESOLVED, that Joseph Steinhoff is hereby appointed to the Cortland County Fire Advisory Board, to serve without compensation for a term expiring December 31, 2014. Resolutions from Building & Grounds Committee AGENDA ITEM NO. 8 – Accept Proposal/Authorize Agreement Pleasant Valley Electric, Inc., Buildings and Grounds Department ON MOTION OF WHEELOCK RESOLUTION NO. 60-14 Accept Proposal/Authorize Agreement Pleasant Valley Electric, Inc. Buildings and Grounds Department WHEREAS, the Buildings & Grounds Department has solicited, received and reviewed proposals from Pleasant Valley Electric, Inc., Simplex Grinnell, and Integrated Security& Safety Systems, for replacement of the Fire Alarm Panel in the Cortland County Building HB-4 at the Highway complex, AND WHERAS, Pleasant Valley Electric, Inc., 405 Third St., Ithaca, N.Y. 14850 has presented the lowest cost estimate for installing an addressable fire alarm panel at a proposed cost of $12,750.00, AND WHEREAS, the Buildings and Grounds Committee has reviewed the proposal and agrees with the recommendation, NOW THEREFORE BE IT RESOLVED, that this Legislature hereby authorizes the Chairman of this Legislature, upon approval of the County Attorney, to enter into an agreement with Pleasant Valley Electric, Inc. to replace the fire alarm panel at the Cortland County Building HB-4 at the Highway complex and to be paid for from Account A16205-54076, B&G Expenses. AGENDA ITEM NO. 9 – Adopt Social Media Policy (County Administration) RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 44 ON MOTION OF WHEELOCK RESOLUTION NO. 61-14 Adopt Social Media Policy (County Administration) WHEREAS, "social media" can be an effective venue for communicating with residents and visitors to Cortland County, AND WHEREAS, many Cortland County departments have expressed an interest in utilizing various social media outlets for the distribution of important and timely information, NOW THEREFORE BE IT RESOLVED that the Cortland County Legislature hereby adopts the attached Social Media Policy, outlining the guidelines and procedures for the implementation and use of "social media." AGENDA ITEM NO. 10 – Re-Appropriate Funds/Amend 2014 Budget - Safety Office ON MOTION OF WHEELOCK RESOLUTION NO. 62-14 Re-Appropriate Funds/Amend 2014 Budget - Safety Office WHEREAS, there were unused funds remaining in the Safety Officer's 2013 Budget, and there is a need to utilize these funds in 2014 for Education and Training, and Travel costs, NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Resolutions from Highway Committee AGENDA ITEM NO. 11 – Transfer Funds/Highway Projects Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner A36205 54035 Education & Training $684.00 A36205 54045 Travel & Subsistence $400.00 ---PAGE BREAK--- 45 ON MOTION OF BOYDEN RESOLUTION NO. 63-14 Transfer Funds/Highway Projects Highway Department WHEREAS, the Cortland County Highway Committee has recommended the transfer of funds within the Highway Department Budget to cover the costs associated with Highway Department Projects, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent the following project funds shall be transferred, AND BE IT FURTHER RESOLVED, that the 2014 County Budget be amended as follows: Decrease Expense: D51105.54055.7031 $ 32,000.00 E. Keeney Bridge Increase Expense: D51105.54055.7030 $ 32,000.00 Dutch Hill Bridge AGENDA ITEM NO. 12 – Approval to Purchase Road Salt State of New York Office of General Services Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 64-14 Approval to Purchase Road Salt State of New York Office of General Services Highway Department WHEREAS, the Highway Superintendent has recommended the purchase of an estimated 13,500 tons of Road Salt during the September 1, 2014 to August 31, 2015 contract period under the State of New York Office of General Services contract(NYSOGS), AND WHEREAS, the NYSOGS requires Cortland County to estimate an amount to be ordered prior to the NYSOGS bid opening, AND WHEREAS, the NYSOGS requires Cortland County to purchase a minimum of 70% of the RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 46 estimated Road Salt order, AND WHEREAS, the NYSOGS will guarantee the bid price for Road Salt up to 120% of the estimated Road Salt order, NOW THEREFORE BE IT RESOLVED, the amount paid for Road Salt shall not to exceed the amount appropriated by the Cortland County Legislature for the purchase of Road Salt for the 2014 and 2015 budget years, AND BE IT FURTHER RESOLVED, that the Cortland County Highway Superintendent be and is hereby authorized to place an order with NYSOGS for an estimated 13,500 tons of Road Salt for the September 1, 2014 to August 31, 2015 contract period, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account D51105.54077.7800, Salt Account for the purchase of Road Salt. Resolutions from Health & Human Services Committee AGENDA ITEM NO. 13 – Authorize Agreement Health Department/Hospice Transfer Certificate of Need ON MOTION OF PRICE RESOLUTION NO. 65-14 Authorize Agreement Health Department/Hospice Transfer Certificate of Need WHEREAS, the Cortland County Health Department wishes to enter into an agreement with Hospicare & Palliative Care Services of Tompkins County, a not for profit organization, located at 172 E. King Road, Ithaca, NY 14850, AND WHEREAS, the purpose of the agreement is to transfer the Certificate of Need for Hospice services to Hospicare & Palliative Care Services of Tompkins County, AND WHEREAS, Hospicare & Palliative Care Services of Tompkins County has expressed the willingness to provide hospice services to the residents of Cortland County, AND WHEREAS, there is no cost to the County for this agreement, nor is there any money for the transfer, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature upon approval by the County Attorney is hereby authorized and directed to transfer Cortland County’s Certificate of Need to Hospicare & Palliative Care Services of Tompkins County, 172 E. King Road, Ithaca, NY 14850 and further to negotiate a management agreement that would include timelines, billing procedures, etc. AND BE IT FURTHER RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 47 RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney is hereby authorized and directed to enter into a management agreement with Hospicare & Palliative Care Services of Tompkins County, based upon the terms negotiated by the parties. AGENDA ITEM NO. 14 – Appoint Members CSB ON MOTION OF PRICE RESOLUTION NO. 66-14 Appoint Members CSB 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 term expiration of Anthony Pace and Martha Bush which expired on December 31, 2013, NOW THEREFORE BE IT RESOLVED, that the following appointments be made: NAME/ADDRESS TERM Linda Shutts Expiration December 31, 2017 PO Box 288 2822 Cincinnatus Rd Cincinnatus, NY 13040 Lisa Hoeschele Expiration December 31, 2017 53 Prospect Terrace Cortland NY 13045 AGENDA ITEM NO. 15 – Authorize Agreement/ Accept Funds Health Department/Jacobus Center for Reproductive Health (State Grant) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 48 ON MOTION OF PRICE RESOLUTION NO. 67-14 Authorize Agreement/ 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 2014 annual state grant, AND WHEREAS, $367,487 for the period of 01/01/2014-12/31/2014 funds are already reflected in the 2014 County Budget Expenditure Accounts A40355.51005-51025 $204,257(Personal Services), A40355.58020-58065 $108,107 (Fringe) and A40355.54000-54500 $18,374 (Contractual), AND WHEREAS, $366,261 for the period of 01/01/2014-12/31/2014, funds are already reflected in the 2014 County Budget Revenue Account A403543.43489 (Family Planning State Aid Grant), AND WHEREAS, the 2014 County Budget is hereby amended as follows: Increase: Revenue: A403543.43489 Family Planning State Aid $1,226 , 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. 16 – Amend Budget Area Agency on Aging (Systems Integration Grant) ON MOTION OF PRICE RESOLUTION NO. 68-14 Amend Budget Area Agency on Aging (Systems Integration Grant) WHEREAS, the New York State Office for the Aging has allocated funds in the amount of $22,659.00 for Systems Integration for the period January 1, 2014 through September 30, 2014, AND WHEREAS, $11,589.00 of these funds are in the 2014 County Budget in Account A67725-51005 4330 (Personal Services), AND WHEREAS, $11,070 has been awarded to the County, but has not yet been allocated to the 2014 Budget, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Increase: Expenses: RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 49 A67725-54000 4337 Telephone 320.00 A67725-54005 4337 Office Supplies 500.00 A67725-54020 4337 Postage 200.00 A67725-54047 4337 Mileage +$1,000.00 A67725-54055 4337 Professional Services +$8,050.00 A67725-54060 4337 Advertising +$1,000.00 Revenues: A677243-43772 4337 State Aid - POE +$11,070.00 AGENDA ITEM NO. 17 – Authorize Amended Agreement Health Department/Nursing Division (EMR/EHR - Community Computer Service, Inc., MEDENT®) ON MOTION OF PRICE RESOLUTION NO. 69-14 Authorize Amended Agreement Health Department/Nursing Division (EMR/EHR - Community Computer Service, Inc., MEDENT®) WHEREAS, Resolution #284-13 gave the Health Department permission to enter into an agreement with Community Computer Service, Inc., MEDENT® for the purchase of an Electronic Medical Records System and a Medical Practice Management Software System, AND WHEREAS, the Health Department desires to amend this Agreement to purchase additional users licenses, not to exceed $10,300 to include the Jacobus Center for Reproductive Health Clinical Services, AND WHEREAS, these funds are budgeted in the 2014 budget in Expenditure Account A40355.54004 Computer Software $10,300, 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 Community Computer Service, Inc., P.O. Box 980, 15 Hulbert Street, Auburn, New York. AGENDA ITEM NO. 18 – Create Temporary Mental Health Practitioner/ Mental Health RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 50 ON MOTION OF PRICE RESOLUTION NO. 70-14 Create Temporary Mental Health Practitioner/ Mental Health 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 Resources 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, $55.00/HR, competitive class) be created effective February 28, 2014 until May 31, 2014. AGENDA ITEM NO. 19 – Amend Budget Health Department/Nursing Administration Immunization Billing RFA Imm - 2013-01) ON MOTION OF PRICE RESOLUTION NO. 71-14 Amend Budget Health Department/Nursing Administration Immunization Billing RFA Imm - 2013-01) WHEREAS, Resolution #286-13 gave permission for Cortland County Health Department to enter into a contract with the New York State Dept. of Health and Health Research, Inc., to support the purchase of a practice management system, AND WHEREAS, these funds will be used to enable us to effectively and efficiently bill for immunizations and other public health activities we currently provide, AND WHEREAS, the funds are to be expended to a vendor chosen by Resolution #284-13, NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A401143.43450.4040 Immunization Billing Grant $40,000 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 51 Increase: Expenditure: A40115.54004 Computer Software $40,000 , AND BE IT FURTHER 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 – Amend 2014 Budget/Re-Allocate 2013 Funds ON MOTION OF PRICE RESOLUTION NO. 72-14 Amend 2014 Budget/Re-Allocate 2013 Funds WHEREAS, there were State Aid funds received from OASAS remaining unexpended in the 2013 Cortland County Mental Health Department budget for the Cortland City School District, AND WHEREAS, OASAS allows the State Aid funds from 2013 to be paid in 2014 to cover the 2013 expenses, AND WHEREAS, the Cortland County Mental Health Department did not receive an invoice in the amount of $66,006.75 from the Cortland City School District for the second, third and fourth quarter 2013 OASAS funding until 2014, NOW THEREFORE BE IT RESOLVED, that the 2014 County Mental Health budget be amended as follows: Increase: Expense: A43105 54870 4211 MH Contract-Cortland City Schools $66,006.75 AGENDA ITEM NO. 21 – Budget Amendment Due to Increase in State Funding RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 52 ON MOTION OF PRICE RESOLUTION NO. 73-14 Budget Amendment Due to Increase in State Funding WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved additional funding for Family Counseling Services in 2014, in the amount of $88,006.00 for the delivery of prevention and intervention programs related to substance abuse, AND WHEREAS, the New York State Office of Mental Health has approved additional funding in the amount of $286.00 for Performance Based Early Recognition, NOW THEREFORE BE IT RESOLVED, that the 2014 County Mental Health budget be amended as follows: Increase: A43105 54870 4208 $88,006.00 A43105 54870 4226 286.00 AGENDA ITEM NO. 22 – Authorize Agreements Health Department/Nursing Division CalSource Metrology Solutions ON MOTION OF PRICE RESOLUTION NO. 74-14 Authorize Agreements Health Department/Nursing Division CalSource Metrology Solutions WHEREAS, the Centers for Disease Control and Prevention (CDC) and the New York State Department of Health (NYSDOH) Bureau of Immunization are requiring that refrigerators and freezers storing Vaccines for Children (VFC) vaccine must have a calibrated thermometer inside each storage compartment that is calibrated at least every two years, AND WHEREAS, CDC and NYSDOH require that calibration be performed by a provider that can produce a certification of calibration to confirm that measurement standards and instruments used during calibration are from an International Organization of Standardization (ISO) accredited testing laboratory, from the National Institute of Standards and Technology (NIST), or from another internationally recognized standards agency, AND WHEREAS, Nursing Clinics use three refrigerators for storage of VFC vaccines, all of which have built-in thermometer systems which require calibration, AND WHEREAS, CalSource Metrology Solutions, 1005 West Fayette Street, Syracuse, NY 13024 has submitted the quotation of $140.00 per refrigerator per calibration for the total cost of RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner Revenues: A431043 43486 4200 $88,006.00 A431043 43490 4200 Expenses: 286.00 ---PAGE BREAK--- 53 $420.00 for the two year period 2014-2015, AND WHEREAS, monies for the above services are budgeted in the expenditure account: A40115.54055 Nursing Professional Services, AND WHEREAS, the term for all above-referenced contract is January 1, 2014, through December 31, 2015, AND WHEREAS, the term agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2016, if successor agreements are not executed by January 1, 2016, 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 authorized to execute agreements for the provision of said services with the above-referenced providers. AGENDA ITEM NO. 23 – Re-Appropriation of 2013 Funds into 2014 Mental Health Department ON MOTION OF PRICE RESOLUTION NO. 75-14 Re-Appropriation of 2013 Funds into 2014 Mental Health Department WHEREAS, there were funds remaining unexpended in the 2013 Cortland County Mental Health Department budget, AND WHEREAS, the Cortland County Mental Health Department needs to re-appropriate funds to cover the cost of one additional Accumedic Computer Systems user license in the amount of $6,000.00, AND WHEREAS, the Cortland County Mental Health Department needs to re-appropriate funds to cover the cost of replacing the outdated panic alarm system, installing a security system, and monitoring these systems at 7 Clayton Avenue in the amount of $6,000.00, NOW THEREFORE BE IT RESOLVED, that these 2013 funds be re-appropriated in 2014 with the following amendment to the 2014 budget: Increase: Expense: A43105 54004 4200 Computer Software $1,650.00 A43105 54015 4200 Building Maintenance $6,000.00 , AND BE IT FURTHER RESOLVED, that contract #257-13 with Accumedic whose terms began October 1, 2013 and ends September 30, 2014 be amended to include the cost of one additional license, not to exceed the total sum RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 54 of $6,000, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, and subject to the re-appropriation of funding by the Legislature, is hereby authorized to execute an agreement with Sentry Alarms which would include the replacement of the panic alarm system, installation of a security system and monitoring these systems. AGENDA ITEM NO. 24 – Accept Funds Health Department/Administration Integrated Cancer Services Program Cost of Living Adjustment (COLA) ON MOTION OF PRICE RESOLUTION NO. 76-14 Accept Funds Health Department/Administration Integrated Cancer Services Program Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $2,946 in the form of a Cost of Living Adjustment to the Integrated Cancer Services Program funded by the NYS Dept. of Health for the period 4/1/13 through 3/31/14 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Integrated Cancer Services Program, AND WHEREAS, $2,946 for the period of 04/01/2013-03/31/2014, needs to be added in the 2014 County Budget Revenue Account A401043.43450.4007. For the period of 04/01/2013- 03/31/2014, funds are already reflected in the 2013/2014 County Budget Expenditure Accounts A40105.51005 $1,946 (Personal Service), and A40105.58020-58065 $1,000.00 (Fringe), NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A401043.43450.4007 Cancer Screening Grant $2,946 Resolutions from Ag/Planning/Environment Committee AGENDA ITEM NO. 25 – Authorize 2014 Agreement James W. Sewall Company and Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 55 ON MOTION OF TROY RESOLUTION NO. 77-14 Authorize 2014 Agreement James W. Sewall Company 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) 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, James W. Sewall Company provides hosting and updating of the Planning Department’s Internet Mapping Services site that was completed with the grant funds including services to provide the required hardware and software, storage media, backup, security tools and IT support for the IMS site, AND WHEREAS, James W. Sewall has notified Cortland County that it is no longer going to be able to provide hosting and updating services to Cortland County, AND WHEREAS, Resolution No. 35-14 authorized Cortland County to enter into an agreement with CAI Technologies, AND WHEREAS, James W. Sewall has offered an extension of the current hosting site on a month to month basis at rate of $150.00 per month in order for provide Cortland County time to have a functionally operational hosting site, AND WHEREAS, these funds are included in the 2014 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 James W. Sewall for an extension of service on a month to month basis at a rate of $150.00, beginning January 1, 2014. Resolutions from Judiciary & Public Safety Committee AGENDA ITEM NO. 26 – Amend 2014 Budget/Transfer Funds Sheriff Department Motor Vehicle Equip. ON MOTION OF BUSHNELL RESOLUTION NO. 78-14 Amend 2014 Budget/Transfer Funds Sheriff Department Motor Vehicle Equip. WHEREAS, the insurance companies have not sent the monies (checks) for the vehicles that were damaged in accidents and the Sheriff would like to order patrol vehicles, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 56 WHEREAS, the cost to purchase vehicles has increased and the cost to replace one of the vehicles which was totaled out has increased. The Sheriff would like to take $27,000 out of the Contingency Account and increase the Motor Vehicle Equipment by $27,000 as this is the approximate amount the insurance company is going to allow, AND WHEREAS, when the insurance check from the insurance company is received by the County it will reimburse the Contingency Account, NOW THEREFORE BE IT RESOLVED, That the 2014 budget is hereby amended as follows: Decrease: Contingency Account A1990-54775 $27,956 Increase: Motor Vehicle Equip. A3110-52030 $27,956 AGENDA ITEM NO. 27 – Ames Linen/Floor Mats ON MOTION OF BUSHNELL RESOLUTION NO. 79-14 Ames Linen/Floor Mats WHEREAS, The Sheriff is desirous to contract with Ames Linen Service, 67 Huntington St. Cortland, N. Y. 13045, for floor mats for the Jail and Public Safety Building, NOW THEREFORE BE IT RESOLVED, The Chairman of the Cortland County Legislature with the approval of the County Attorney is hereby authorized and directed to enter into a contract with Ames Linen service, 67 Huntington St. Cortland, NY 13045 for floor mats as of January 1 2014 - December 31 2016, at a cost not to exceed $700 per year. AGENDA ITEM NO. 28 – 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” (A6345, S4166) ON MOTION OF BUSHNELL RESOLUTION NO. 80-14 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 57 Provisions Upon Expiration Thereof” (A6345, S4166) WHEREAS, Cortland County passed Resolution 69-13, requesting, and 119-13 endorsing, A Home Rule Request For Special Legislation To Provide For Implementation Of An Additional Telephone Surcharge For Cortland County, AND WHEREAS said legislation was introduced in 2013, but not enacted, 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 S4166, “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 A6345, 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. 29 – Endorsing State Legislation Amending County Law “In Relations to Wireless Communication Surcharges in the County of Cortland” (S4167, A6168) ON MOTION OF BUSHNELL RESOLUTION NO. 81-14 Endorsing State Legislation Amending County Law “In Relations to Wireless Communication Surcharges in the County of Cortland” (S4167, A6168) WHEREAS, Cortland County passed Resolution 70-13 requesting NYS Legislation, and Resolution 120-13, endorsing said legislation, Authorizing A Home Rule Request For Special Legislation To Increase the Wireless Surcharge for Cortland County, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 58 WHEREAS, the NYS Legislature did not act upon said legislation in 2013, 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 S4167, “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 A6168, 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. 30 – MedLab Agreement (Drug Testing) Authorize Agreement with MedlLab Inc., for Drug Screening Services, Probation Department ON MOTION OF BUSHNELL RESOLUTION NO. 82-14 MedLab Agreement (Drug Testing) Authorize 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 verification to enforce Probation Department client abstinence from the illegal use of chemical substances and provide court verification of 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 59 330-12, with said company expires December 31, 2013, AND WHEREAS, Medlab Inc. has agreed to amend the previous contract for an additional one year period, January 1, 2014 and ending December 31, 2014, with no change in the current charges, 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, 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 agreement with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, for the term January 1, 2014 through December 31, 2014, for the purpose on conduction drug testing in the Cortland County Probation Department. AGENDA ITEM NO. 31 – Authorize Agreement Amendment with BI Incorporated for Electronic Monitoring Services, Probation Department Mr. Bushnell made a motion to amend the resolution to state that the cost will not exceed $8.50 per day/per monitor. Second by Mr. Troy. All members voting in favor; none opposed. Probation Director Lisa Cutia said there are specific circumstances that allow for pre-trial release with electronic monitoring, and that ultimately it is at the discretion of the judge. ON MOTION OF BUSHNELL RESOLUTION NO. 83-14 Authorize Agreement Amendment with BI Incorporated for Electronic Monitoring Services, Probation Department WHEREAS, there is a need to reduce the population of inmates at the Cortland County Jail, AND WHEREAS, electronic monitoring is an authorized and accepted method of providing Court- ordered supervision of offenders in the community, AND WHEREAS, Cortland County Probation Department has contracted with BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, since 2005 and the latest contract, as authorized by Resolution 176-08, and an Amendment to said contract, as authorized by Resolution 329-12, with said company expired December 31, 2013, AND WHEREAS, BI Incorporated has agreed to amend the previous contract for an additional one year period, January 1, 2014 and ending December 31, 2014, with no change in the current charges, AND WHEREAS, the Cortland County Probation Department desires to continue to contract with said company for products services at no increase in costs from the previous contract of $8.50 per day/ per unit, AND RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 60 WHEREAS, funds are available in account A31405.54055, Professional 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 amendment with BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, for the term January 1, 2014 through December 31, 2014, for the purpose electronic monitoring through the Cortland County Probation Department. AGENDA ITEM NO. 32 – Re-Appropriate Funds 2013 Motor Vehicle to 2014 ON MOTION OF BUSHNELL RESOLUTION NO. 84-14 Re-Appropriate Funds 2013 Motor Vehicle to 2014 Re-Appropriate Funds/Amend 2014 Budget Sheriff's Department (Motor Vehicle Equipment) WHEREAS, there were unused funds remaining in the Motor Vehicle Equipment on December 31, 2013 of $19,000.00, AND WHEREAS, this balance remains, due to, the vehicle equipment to be purchased, not being available on the 2013 State Bid, AND WHEREAS, to utilize the balance into the 2014 Motor Vehicle Equipment to purchase new vehicle equipment for the Sheriff’s Departments when the State Bid becomes available for 2014, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended to increase the 2014 Budget as follows, Increase: A31105-52030 Motor Vehicle Equipment $19,000.00 Resolutions from Personnel Committee AGENDA ITEM NO. 33 – Authorize Contract for Audio Upgrade - Cortland Electronics/County Legislature RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 61 ON MOTION OF PRICE RESOLUTION NO. 85-14 Authorize Contract for Audio Upgrade - Cortland Electronics/County Legislature WHEREAS, The Cortland County Legislature wishes to enhance the audio system in Legislative Chambers, allowing for a more transparent government for those in attendance and watching remotely, AND WHEREAS, the existing audio system was installed in 1994 by Cortland Electronics, and now requires regular maintenance due to age, AND WHEREAS, The money for a new audio system was included in the Legislature's 2014 budget, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon approval of the County Attorney, is here by authorized and directed to execute a contract with Cortland Electronics to upgrade the existing audio system, at a cost not to exceed $10,000, to be paid out of account A1010 52015 (Technical Equipment). AGENDA ITEM NO. 34 – Highway Department - Highway Maintenance Supervisor Reallocate Salary/Grade (Amend Management Compensation Plan) ON MOTION OF PRICE RESOLUTION NO. 86-14 Highway Department - Highway Maintenance Supervisor Reallocate Salary/Grade (Amend Management Compensation Plan) WHEREAS, a Stipulation of Settlement was reached between CSEA, Local 1000, AFSCME, AFL- CIO and Cortland County on November 9, 2005 in which several positions were identified as either in CSEA or Management currently and/or in the future, AND WHEREAS, the Stipulation of Settlement requires that upon the vacancy the position of Highway Maintenance Supervisor will be removed from CSEA County of Cortland Unit 6550 bargaining unit, and is therefore being included in the Management Compensation Policy, AND WHEREAS, the position of Highway Maintenance Supervisor will become vacant on February 28, 2014, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 62 RESOLVED, that the Cortland County Legislature hereby authorizes the reallocation of the position of Highway Maintenance Supervisor be reallocated from CSEA Grade 23 ($24,4277-$30.3145) into the Management Compensation plan, to Grade 5 ($57,709-$70,212) effective February 28, 2014. Resolutions from Budget & Finance Committee AGENDA ITEM NO. 35 – Authorize Payment Treasurer’s Office (Surplus Sales Tax) ON MOTION OF WHITNEY RESOLUTION NO. 87-14 Authorize Payment Treasurer’s Office (Surplus Sales Tax) WHEREAS, the County Treasurer has reported that following the distribution of the Cortland County Sales Tax Revenue for the year 2013, there is a surplus of $6,367.34 due to the Town of Lapeer who elected to receive their share of said tax receipt in credit to reduce their county levy, NOW THEREFORE BE IT RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the above mentioned town, the surplus sales tax amounts indicated above. AGENDA ITEM NO. 36 – Appropriate 2013 Funds/Amend 2014 Budget Real Property Tax Services (Computer Software/Professional Services) ON MOTION OF WHITNEY RESOLUTION NO. 88-14 Appropriate 2013 Funds/Amend 2014 Budget Real Property Tax Services (Computer Software/Professional Services) WHEREAS, there were unused funds remaining in the Computer Software account (A13555.54004) and Professional Services account (A13555.54055) on December 31, 2013, AND WHEREAS, a balance in excess of $17,700 remains due upon the completion of the contract with The Bowne Group for GIS Conversion of Tax Maps that remained incomplete at the end of 2013, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended to increase the 2014 Budget as RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 63 follows: Decrease 2013 Budget: A13555.54004 Computer Software Balance of: $ 1,055 to $0 A13555.54055 Professional Services Balance of: $17,599 to $0 Increase 2014 Budget: A13555.54055 Professional Services $18,654 Executive Session Mr. Denkenberger made a motion to go into Executive Session to discuss pending litigation and contract negotiations. Second by Mr. Troy. All members voting in favor, except Mr. Willcox, who was opposed. Announcements 1. Motion to Extend Public Comment Period for Ash For Trash Scoping The deadline for the scoping period on the proposed “Ash for Trash” deal with Onondaga County is set to expire tomorrow. At the request of numerous residents of both Cortland and Onondaga County, as well as Mr. Ryan McMahon, Chairman of the Onondaga County Legislature, Cortland County will be extending the public comment deadline for the scoping period of this portion of the SEQR process until March 31, 2014. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, March 27, 2014 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Hartnett (Excused) Approval of Minutes Approve Minutes of February 27, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: James Denkenberger, Legislative District 16 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Amy Cobb, George Wagner ---PAGE BREAK--- 64 Privilege of the floor Undersherirff Herb Barnhart spoke about the County's past record working with New World Systems, and spoke in favor of hiring Spillman for new Computer Aided Dispatch. Lt. David Guerrera of the City Police Department spoke in favor of an agreement with Spillman. He said the County and other agencies have worked hard to get the New World product to work, but the company has been unresponsive. Homer Fire Chief Mahlon Irish spoke on behalf of the County Fire Chiefs and the Fire Advisory Board. He spoke in favor of contracting with Spillman. He said he has reviewed several vendors and that Spillman seems to be a good fit for what the County needs. Capt. Rob Derksen said he has had problems with New World Systems for his entire career with the Sheriff's Department and he is in favor of contracting with Spillman for new software. City of Cortland Chief of Police Michael Catalano spoke in favor of a new contract with Spillman. Homer Chief of Police Mark Helms said he has experienced problems with New World for many years, often with the same problems that have never been resolved, and he is in favor of a new contract with Spillman. Proclamations & Recognitions Recognizing Cortland County Nutrition Program The Clerk read the Recognition and Ms. Price presented it to Elizabeth Haskins, Director of the Area Agency on Aging and Susan Prior, Director of Nutrition. Ms. Price spoke about the Feinstien Challenge and asked legislators to bring in canned goods for food for those in need. Proclaiming Agriculture Awareness Week The Clerk read the proclamation and presented it to Mr. Troy, as Chair of the Ag & Planning Committee. Mr. Boylan announced and congratulated Ms. Price for being the 2014 recipient of the Geraldine Young Friend of Agriculture Award. Presentation of Petitions, Communications, and Notice Receive and File Receive & File Soil & Water Conservation District 2014 Annual Plan Receive & File - Area Agency on Aging, 2013 Annual Report Receive & File - Friendship House Petition on Public Transportation RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 65 RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett Reports of Standing, Special and Ad Hoc Committees President Carl Haynes of Tompkins Cortland Community College gave his State of the College Address. He reviewed new curriculum, budget difficulties, student and staff accomplishments and goals for the future. Articles Postponed to Day Certain Unfinished Business New Business Resolutions Chair's Resolutions AGENDA ITEM NO. 1 – Purchase Computer Aided Dispatch (CAD) Software Mr. Willcox asked about the current Fund Balance available for use. Mr. Murphy said the estimated total for year end 2013 is about $14 million. Ms. Price read a comment from Dave Denniston, who is familiar with the New World Software, and is in favor of it. ON MOTION OF BUSHNELL RESOLUTION NO. 89-14 Purchase Computer Aided Dispatch (CAD) Software WHEREAS, Cortland County’s existing Computer Aided Dispatch (CAD) system, which is the primary component for handling emergency service calls and law enforcement record keeping for all the county’s municipalities, has failed on a number of levels, AND WHEREAS, the County desires to replace this existing CAD system, AND WHEREAS, Lewis County has solicited proposals for CAD which Cortland County can utilize, AND WHEREAS, funds were not allocated in the 2014 budget for the purchase of new CAD software, AND WHEREAS, the Legislature wishes to use unappropriated fund balance to completely fund this RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 66 RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett acquisition, so as not to burden local municipalities, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: , AND BE IT FURTHER RESOLVED, the Chair of the Legislature is authorized and directed, upon approval of the County Attorney, to execute an agreement with Spillman Technologies, Inc. for a CAD system in an amount not to exceed $1,000,000.00 (one million dollars). AGENDA ITEM NO. 2 – Appoint Members - Region 7 Fish and Wildlife Management Board ON MOTION OF BRIGGS RESOLUTION NO. 90-14 Appoint Members - Region 7 Fish and Wildlife Management Board WHEREAS, the terms of the representatives of the Sportsmen’s Club of the Region 7 Fish and Wildlife Management Board have expired, AND WHEREAS, the County is authorized to appoint a Legislative Representative and a Landowner Representative to said Board, NOW THEREFORE BE IT RESOLVED, that Michael Kennedy, 358- Route 281, Cortland be and hereby is appointed to the Region 7 Fish & Wildlife Management Board as the Landowner Representative for a term ending December 31, 2015, AND BE IT FURTHER RESOLVED, that Brian Parker be appointed as the Legislative Representative on said Board for a term ending December 31,2015, AND BE IT FURTHER RESOLVED, that the Clerk of the Cortland County Legislature submit a certified copy of this resolution to the NYS Department of Environmental Conservation located in Cortland, New York. AGENDA ITEM NO. 3 – Appoint Records Management Advisory Board Increase: Expenses: H3015.54004 Software $1,000,000.00 A359900 Fund Balance $1,000,000.00 ---PAGE BREAK--- 67 ON MOTION OF BRIGGS RESOLUTION NO. 91-14 Appoint Records Management Advisory Board WHEREAS, a Records Management Program was established by the Cortland County Legislature through the adoption of Resolution No. 89-217, AND WHEREAS, a Records Management Advisory Board was established by the Cortland County Legislature through the adoption of Resolution No. 153-97, NOW THEREFORE BE IT RESOLVED, that the following be and hereby are appointed to the Records Management Advisory Board for a term ending December 31, 2015: Susan Briggs, Chair of the Legislature Gordon Wheelock, Legislator Knolls, Legislator Monroe, County Treasurer Karen Howe, County Attorney Elizabeth Larkin, County Clerk/Records Management Officer/Chairperson Jeremy Boylan, County Historian Rob Corpora, Information Technology Lori Compton, City of Cortland Mary Ann Kane, City of Cortland Anita Jebbett, Town of Homer Kim Reakes, Town of Truxton Karen Snyder, Town of Cortlandville Martin Sweeney, Town of Homer Historian Anna Wilcox, Town of Willet Clerk AGENDA ITEM NO. 4 – Appoint Member - Cortland County Industrial Development Agency AGENDA ITEM NO. 5 – Appoint Member - Syracuse Regional Airport Authority RESULT: PULLED RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 68 ON MOTION OF BRIGGS RESOLUTION NO. 92-14 Appoint Member - Syracuse Regional Airport Authority WHEREAS, the Syracuse Regional Airport Authority has requested a representative from Cortland County to serve on the Airport Authority Regional Advisory Board, NOW THEREFORE BE IT RESOLVED, that Richard Bushnell, 11 Owego Street, Cortland, NY is hereby appointed to the Syracuse Regional Airport Authority Advisory Board for a term to expire 12/31/15. AGENDA ITEM NO. 6 – Appoint Members Central New York Regional Planning and Development Board ON MOTION OF BRIGGS RESOLUTION NO. 93-14 Appoint Members Central New York Regional Planning and Development Board WHEREAS, Legislative Chair, Susan Briggs and Chairman of Agriculture Committee John Troy become ex-officio members of the CNY Regional Planning and Development Board with terms to expire 12/31/15, AND WHEREAS, the terms of other Cortland County Representative have expired on the Central New York Regional Planning and Development Board, AND WHEREAS, Resolution No. 57-14 appointed Legislator Joseph Steinhoff, who is no longer able to fill the seat, NOW THEREFORE BE IT RESOLVED, that the following be re-appointed in conformance with the Regional Planning and Development Board By-Laws: MaryAnn Discenza Legislature Representative Term expires 12/31/15 Linda Hartsock At Large Member Term expires 12/31/15 Resolutions from Building & Grounds Committee RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 69 AGENDA ITEM NO. 7 – Authorize Agreement Folder/Sealer Machine ON MOTION OF WHEELOCK RESOLUTION NO. 94-14 Authorize Agreement Folder/Sealer Machine WHEREAS, the Maintenance Agreement with Pitney Bowes on the County folding/sealing machine will expired on March 31st, 2014, AND WHEREAS, a Pitney Bowes Maintenance Agreement for April 1st, 2014 thru March 31st, 2015 has been received in the amount of $3,223.32 to come out of account 1680 1680 5 4050, NOW THEREFORE BE IT 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. Resolutions from Highway Committee AGENDA ITEM NO. 8 – Approve National Grid Electric Service Proposal Snow Removal Equipment Building Construction Project Airport/Highway ON MOTION OF BOYDEN RESOLUTION NO. 95-14 Approve National Grid Electric Service Proposal Snow Removal Equipment Building Construction Project Airport/Highway WHEREAS, the Cortland County Legislature approved acceptance of FAA and NYSDOT funding grants for the above referenced project, and approved the project and associated costs under Resolution 215-13, AND WHEREAS, the project requires electric service to be established to the building, which is to be provided by National Grid, AND WHEREAS National Grid requirements for providing electrical service to said building include RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 70 the need for the County to sign a National Grid Electric Service Proposal and pay a service fee of $5,825.65, AND WHEREAS, the said service fee amount is a reimbursable cost already included in and approved by Resolution 215-13, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves said National Grid Electric Service Proposal and payment of the service fee of $5,825.65 for establishment of the electric service at the SRE building at Cortland County Airport, 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 National Grid Electric Service Proposal. Resolutions from Solid Waste Committee AGENDA ITEM NO. 9 – Award Solid Waste Construction and Professional Services Agreements Landfill Capping Project Solid Waste Department Mr. Whitney said the resolution states now that the County will bond for a portion of the capping project. Mr. Murphy said because the bids have already been received and the County has a fixed cost, he recommends using available general fund balance to pay for it, rather than bonding. Mr. Murphy said the Solid Waste budget can’t support its existing debt and needs to be made whole each year, so he does not recommend adding an additional bond. Ms. Briggs said the County has yet to establish a policy for what the fund balance reserve should be, and she is not comfortable taking additional money from that amount at this time. Mr. Robert Buerkle said the bid prices are guaranteed for 45 days, which will expire the third week in April. Ms. Briggs asked that the resolution be pulled, sent back to committee and a special meeting of the Legislature can be called if necessary to execute an agreement before the bid prices expire. ON MOTION OF HARTNETT RESOLUTION NO. 113-14 Award Solid Waste Construction and Professional Services Agreements Landfill Capping Project Solid Waste Department WHEREAS, the Cortland County Legislature approved the Landfill Capping Project by Resolution 166-13, AND WHEREAS, $278,000.00 of the funds needed for said project are to be appropriated from the landfill capping reserve fund, AND WHEREAS, the County will bond for the balance of the funds needed for said project, AND WHEREAS, the Highway Superintendent advertised for and received bids the construction of the Landfill Capping Project (also known as Cortland County Landfill Stage 2 Closure), AND WHEREAS, the bids received are as follows: BIDDERS BID Gorick Construction Co., Inc. 0027 Track Drive Binghamton, NY 13904 $1,288,000.00 RESULT: PULLED ---PAGE BREAK--- 71 , AND WHEREAS, that in accordance with the recommendations of the Solid Waste Committee, the County hereby awards the construction agreement to the lowest bidder, Gorick Construction Co., Inc., 0027 Track Drive, Binghamton, NY 13904, for the total amount of the bid of $1,288,000.00 , AND WHEREAS, the Legislature has selected Barton & Loguidice, P.C., 290 Elwood Davis Rd., Syracuse, NY 13220 to provide professional engineering services for the Highway Department by Resolution 397-12, AND WHEREAS, the Solid Waste Committee desires to authorize the use of the Engineering Term Agreement approved by Resolution 166-13 to provide Engineering Construction Services for said 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 a Project task order with Barton and Loguidice, P.C. for professional services related to said project at an estimated cost not to exceed $120,000.00, 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 as agreement with Gorick Construction Co., Inc. for the Construction of the Landfill Capping Project, AND, BE IT FURTHER RESOLVED, that the 2014 Adopted Budget is hereby amended as follows: Increase Expense: H81605.52265.8168 $1,408,000.00 Landfill Capping Project , AND BE IT FURTHER Adhan Piping Co., Inc. 1865 State Rt. 13 Cortland, NY 13045 $1,435,651.00 Marcy Excavation Services, LLC. 2256 Broad St. Frankfort, NY 13340 $1,445,000.00 Woodstone Earth Construction, Inc. 485 State Rte. 21 Palmyra, NY 14522 $1,454,900.00 Environmental Services Group (NY), Inc. 177 Wales Ave. Tonawanda, NY 14150 $1,861,680.00 Mattiola Services, LLC. B Lucon Road Skippack, PA 19474 $2,217,305.00 ---PAGE BREAK--- 72 RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from account H81605.52265.8168 for said Professional and Construction Agreements. Resolutions from Health & Human Services Committee AGENDA ITEM NO. 10 – Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods ON MOTION OF PRICE RESOLUTION NO. 96-14 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on February 21, 2014 for the period April 1, 2014 through June 30, 2014 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 Maines Paper & Food Serv, Inc, 101 Broome Corp Pkwy, PO Box 450, Conklin, NY 13748 Smith Packing Co., Inc., 105-125 Washington St., PO Box 520, Utica, NY 13503 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, 2014 through June 30, 2014. AGENDA ITEM NO. 11 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 73 ON MOTION OF PRICE RESOLUTION NO. 97-14 Accept Bids/Authorize Purchase Area Agency on Aging Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on February 21, 2014 for April 1, 2014 through September 30, 2014 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 Maintenance & Supply, 107 Norris Dr, Suite G, Rochester, NY 14610 Maines Paper & Food Serv, PO Box 450, 101 Broome Corp Pkwy, Conklin, NY 13748 Oliver Packaging & Equip Co., 3235 Wilson Dr NW, Grand Rapids, MI 49534 Sanico, Inc., 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, 2014 through September 30, 2014. AGENDA ITEM NO. 12 – Accept Grant/Amend Budget Department of E&T Grant Administration Disability Employment Initiative Request for Proposals RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 74 ON MOTION OF PRICE RESOLUTION NO. 98-14 Accept Grant/Amend Budget Department of E&T Grant Administration Disability Employment Initiative Request for Proposals WHEREAS, the New York State Department of Labor is providing the Cayuga-Cortland Workforce Investment Area with funds to provide for the services of two Disability Resource Coordinators , AND WHEREAS, a Request for Proposal was posted and advertised for agencies to provide proposals for such services for each of our two One-Stop Centers located in Cayuga County and Cortland County, AND WHEREAS, proposals were received and the Executive Committee of the Workforce Investment Board for the Cayuga-Cortland met and have recommended for approval two agencies for providing the services required, AND WHEREAS, the funding for this program comes from the NYSDOL DEI Initiative and covers all costs for these positions for a period of three years with any necessary increases in costs covered by amending the budget annually, NOW THEREFORE BE IT RESOLVED, the Chairman of Legislature and Cortland County E&T Grant Administrator, upon review and approval by the County Attorney, be and hereby are authorized to enter into subcontracts with the J.M. Murray Center, Inc. and Cayuga-Seneca Community Action Council for the services of two full time Disability Resource Coordinators, for a period of three years, with budget amended annually, AND BE IT FURTHER RESOLVED, that the Employment and Training Grant Administration budget for the first year of this grant be and hereby is amended by establishing the following accounts: Increase: Revenue: C24943745 Statewide Activities Year 1 DEI Grant Cayuga $51,170.00 DEI Grant Cortland $46,547.46 Increase: Expense: C242610 54 Statewide Activities $97,717.46 AGENDA ITEM NO. 13 – Abolish/Create Grant Administration Grants Administrator (Full Time)/Grants Administrator (Part Time) Ms. Price thanked Ms. Robin Sandwick, who had been filling two Administrative positions in the department for about two years, thus saving the County money. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 75 ON MOTION OF PRICE RESOLUTION NO. 99-14 Abolish/Create Grant Administration Grants Administrator (Full Time)/Grants Administrator (Part Time) WHEREAS, the needs of the agency will be better served by abolishing one full time position of Grant Administrator in the Grant Administration Office, AND WHEREAS, the Health and Human Services Committee recommends the creation of one part time Grant Administrator (20 hours/week), NOW THEREFORE BE IT RESOLVED, that one full time position of Grant Administrator (Grade 5, $57,709- 70,212/YR, Management) be and hereby is abolished effective March 27, 2014, AND BE IT FURTHER RESOLVED, that one part time position of Grant Administrator (20 hours/week, Grade 5, $32,976-40,121/YR, Management) be created effective March 28, 2014. AGENDA ITEM NO. 14 – Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program (EIP NYS Grant) ON MOTION OF PRICE RESOLUTION NO. 100-14 Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program (EIP NYS Grant) WHEREAS, continued funding from the New York State Dept. of Health is available in the amount of $21,880 for the Early Intervention Program (EIP), for the contract period of 10/01/13 – 09/30/14, AND WHEREAS, $21,880 of these funds are already in the budget in Expenditure Accounts A40595.51005, $13,680 (Personnel), A40595.58020-58065, $8,200 (Fringe), and Revenue Account A405944.44451, $21,880, 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. 15 – Abolish/Create Health Department/Hospice Division Director of Hospice/Assistant Director of Patient Services (Temporary, 17.5 Hours/Week) Mr. Whitney asked what would happen if the County did not create this temporary position. Public Health Director Catherine Feuerherm said quality of patient care will suffer, and if audited the County could face fiscal penalties. She said the money is already in the budget for this position and there are revenues from patient insurance to offset the expenditures. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 76 ON MOTION OF PRICE RESOLUTION NO. 101-14 Abolish/Create Health Department/Hospice Division Director of Hospice/Assistant Director of Patient Services (Temporary, 17.5 Hours/Week) WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Director of Hospice, AND WHEREAS, Health and Human Services and the Personnel Committees recommend the creation of one temporary, part time position of Assistant Director of Patient Services, NOW THEREFORE BE IT RESOLVED, that one full time position of Director of Hospice (Grade 6, $53,683- 65,313/YR, Management) is hereby abolished effective March 27, 2014, AND BE IT FURTHER RESOLVED, that one temporary, part time position of Assistant Director of Patient Services (17.5 hours/week, Grade 6, $53,683-65,313/YR, Management) be created effective March 28, 2014 until September 30, 2014. AGENDA ITEM NO. 16 – Amend Resolution #70-14 Mental Health Temporary Mental Health Practitioner ON MOTION OF PRICE RESOLUTION NO. 102-14 Amend Resolution #70-14 Mental Health Temporary Mental Health Practitioner WHEREAS, one temporary part time (up to 17 hours/week, as needed) position of Mental Health Practitioner was created by Resolution No. 70-14, AND WHEREAS, it was recommended that the aforesaid position be paid at $55.00 per hour and the Health and Human Services Committee recommends amending the salary to $75.00 per hour, NOW THEREFORE, BE IT RESOLVED, that the salary of the temporary part time position of Mental Health Practitioner be and hereby is amended to $75.00 per hour. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 77 Resolutions from Agriculture, Planning & Environment Committee AGENDA ITEM NO. 17 – Amend 2014 Budget Federal Section 5311 New York State Department of Transportation State Operating Assistance (STOA)Passenger/Miles Planning Department ON MOTION OF TROY RESOLUTION NO. 103-14 Amend 2014 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 2013-2014 Statewide Mass Transportation Operating Assistance (STOA) “clean up” payments to the upstate formula bus systems. These payments distribute the remaining SFY 2013-2014 STOA appropriation balances for the upstate formula bus systems, AND WHEREAS, the County of Cortland has received SFY 2013-14 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, 2014 to December 31, 2014 the Cortland County 2014 Budget is hereby amended as follows: Increase: Appropriations A80225.54081 5311 STOA $107,534.04 Increase: Revenue: A802243.43594 5311 STOA $107,534.04 AGENDA ITEM NO. 18 – XII.A.34 Resolution Advocating New York State to Adopt NYS Senator’s Health Article VII Budget Proposal (§78. of S.6358.C) to Allow Counties to Opt-Out of the Mandated Brokerage Service and Allowing Local Control Over Non-Emergency Medicaid Transportation Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 78 ON MOTION OF TROY RESOLUTION NO. 104-14 XII.A.34 Resolution Advocating New York State to Adopt NYS Senator’s Health Article VII Budget Proposal (§78. of S.6358.C) to Allow Counties to Opt-Out of the Mandated Brokerage Service and Allowing Local Control Over Non-Emergency Medicaid Transportation Cortland County Planning Department WHEREAS, Public transit is the key to independence for many, to individual health and to healthier, cleaner community, and can contribute to a more robust economy, while the most vulnerable population relies on public transportation for their health and quality of life, AND WHEREAS, more than 181,000 rides per year are provided to Cortland county residents through First Transit which offers a clean, friendly and safe atmosphere for the most vulnerable populations in Cortland County, AND WHEREAS, for more than 20 years the New York State Department of Health has provided funds to the Department of Social Services to provide the essential service of providing for an arranging for non- emergency Medicaid transportation service for medical appointments, AND WHEREAS, the Department of Social Services contracted with First Transit, Inc. for said transportation services which include a State approved method of paying a share of costs for operating public transportation to benefit all Medicaid recipients using the system to get to medical appointments, AND WHEREAS, in 2010, the State of Department of Health was given statutory authority under 365-h of Social Services Law to assume the administrative management of non-emergency transportation from counties and has since mandated that a private Medicaid brokerage system be implemented, which began in Cortland County October 1, 2013, AND WHEREAS, Medical Answering Services (MAS) from Syracuse was awarded the state contract and rides that would have been previously assigned to the public transit were switched to taxis and ambulette/ambulance providers, many from outside the county, AND WHEREAS, the intent of the NYS Dept. of Health take over granted by 365-h was to reduce Medicaid costs and payments, but without public transportation available in Cortland County Medicated recipients in need of non-emergency transportation services will no longer be able to pay for their own trips to medical appointments using the public system, AND WHEREAS, Medicaid eligible riders will be forced to seek approval for taxi transportation from the State which will increase the overall costs of non-emergency transportation paid for by Medicaid, AND WHEREAS, this growing loss in funding for Medicaid reimbursed trips coupled with a corresponding loss in state transit operating assistance is resulting in reduced transit service to the public in many rural areas of the state and threatens the viability of public transportation in a number of counties, AND WHEREAS, the NYS Senate Health Article VII budget proposal (§78 of S.6358-C) would require that contracted transportation managers offer any county where Non-Emergency Medicaid Transportation coordination services are being utilized the right of first refusal to coordinate such service and to give priority to the use of public transportation to the extent practicable, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby opposes this mandate to work with an out- of-county brokerage firm, thus indirectly jeopardizing the public transit system that has benefitted County residents for the last 20 years, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature calls upon our state representative to act on behalf of those in need in Cortland County to assist in saving the public transit system by adopting, the NYS ---PAGE BREAK--- 79 Senate Health Article VII budget proposal (§78 of S.6358-C) which would allow counties to opt-out of the mandated brokerage service and allowing local control over non- emergency Medicaid transportation, AND BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor Andrew Cuomo, the NYS Public Transportation Association, the NYS Association of Counties, State Senator James Seward, Assembly Speaker Sheldon Silver, and Assembly person Barbara Lifton, Gary Finch, and Brian Kolb, and counties throughout NYS that are facing similar problems providing public transportation due to yet another NYS mandate. Resolutions from Judiciary & Public Safety Committee AGENDA ITEM NO. 19 – Resolution in Support of Statewide Indigent Defense Legal System and Settlement of Hurrell-Harring Et Al. V. State of New York ON MOTION OF BUSHNELL RESOLUTION NO. 105-14 Resolution in Support of Statewide Indigent Defense Legal System and Settlement of Hurrell-Harring Et Al. V. State of New York WHEREAS, in 1963 the United States Supreme Court held in Gideon v. Wainwright that the right to counsel for one charged with crime is fundamental and that states need to supply lawyers for those unable to afford them, AND WHEREAS, in 1965 the State of New York delegated this state responsibility to counties, AND WHEREAS, the decision to entrench responsibility at the county level in the State of New York has resulted in the inefficient patchwork of services provided at the county level which are deficient, AND WHEREAS, implementation of the Constitutional right to counsel under Gideon is a state, not county, obligation, AND WHEREAS, public defense services are inadequately financed by the State of New York, AND WHEREAS, in 2006 Kaye Commission on the Future of Indigent Defense Services declared the New York State System of County-Delivered Indigent Services in crisis and urged the expeditious establishment of an Independent Public Defense Commission overseeing a state- funded, statewide defender system, AND WHEREAS, the State of New York is now a defendant in Hurrell-Harring, et. Al v. State of New York, a systemic lawsuit similar to many that have been successful across the country seeking to transform the indigent defense system into a statewide defender system, AND WHEREAS, Governor Cuomo is in a position to be a powerful, persuasive, and moving voice for the creation of a statewide defender system, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 80 WHEREAS, Governor Cuomo can fix the public defense system, incrementally develop a state funded model for the nation, design a cost-effective way to finance that system over time, and relieve counties of a responsibility originally delegated to them in 1965, NOW THEREFORE BE IT RESOLVED that the Board of Legislators supports the transformation of the current County provided indigent defense system into a New York statewide defender system and calls upon the State of New York and Governor Cuomo settle the pending litigation of Hurrell-Harring, et. Al. v. State of New York, AND BE IT FURTHER RESOLVED that this resolution be forwarded to Governor Andrew Cuomo, Senator James Seward, Barbara Lifton, Brian Kolb, Gary D. Finch, the NYS Association Sheriffs’ Association and the Office of Probation and Correctional Alternatives, New York State Defenders’ Association, New York State Office of Indigent Legal Services, New York State Association of Counties, and all counties in New York State. AGENDA ITEM NO. 20 – Amend 2014 Budget/Sheriff's Department (New York State Division of Homeland Security and Emergency Services) Grant ON MOTION OF BUSHNELL RESOLUTION NO. 106-14 Amend 2014 Budget/Sheriff's Department (New York State 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 SH08-1034-E01; Contract number C838480; Original Grant through Emergency Response and Communications $56,000.00 FY2013 SHSP) for Technical Equipment for the period of September 13, 2013 through August 31, 2015, AND WHEREAS, The Department of Emergency Response received notification of their portion of the grant award in 2013 under NYS Department of Homeland Security and Emergency Services contract T970030 in the amount of $42000 which was included in the 2014 budget allocation, for a mass emergency notification program and the upgrade and installation of new closed circuit cameras at the Public Safety Building and Virgil Tower site, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended as follows: Increase: A311043-43306-3013 Revenue $14,000.00 Expenses: RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 81 A31105 -52015-3013 Technical Equipment $14,000.00 AGENDA ITEM NO. 21 – Support for 2014 PSAP Grant ON MOTION OF BUSHNELL RESOLUTION NO. 107-14 Support for 2014 PSAP Grant WHEREAS, the County is in the process of applying for the New York State Department of Homeland Security and Emergency Services’ 2014 Public Safety Answering Point (PSAP) Grant, AND WHEREAS, has encouraged counties to pursue consolidation and shared services, AND WHEREAS, the County wishes to purchase new Computer Aided Dispatch (CAD) software, AND WHEREAS the Counties of Cayuga, Jefferson, Lewis and Tompkins has or will have CAD software from a common vendor, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature hereby acknowledges and supports acquisition of CAD software that will facilitate an interconnection between the Counties of Cayuga, Cortland, Jefferson, Lewis and Tompkins giving these counties the ability to establish a virtual consolidation of resources allowing for the seamless sharing of data and dispatch services. Resolutions from Personnel Committee AGENDA ITEM NO. 22 – Reallocate Salary Superintendent of Highways Ms. Knolls said she does not think the salary should be raised until the existing applicants have been reviewed and determined to be unacceptable. ON MOTION OF PRICE RESOLUTION NO. 108-14 Reallocate Salary Superintendent of Highways WHEREAS, the needs of the County will be better served by reallocating the position of RESULT: ADOPTED [12 TO 3] MOVER: Sandra Price, Minority Leader SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Boyden, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger NAYS: Knolls, Newell Willcox Jr., Gordon Wheelock ABSTAIN: Charles Sudbrink EXCUSED: Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 82 Superintendent of Highways, AND WHEREAS, the position of Superintendent of Highways will become vacant on March 15, 2014, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes the reallocation of the position of Superintendent of Highway from Management Compensation Plan, Grade 2 ($71,691 - $87,224/yr) into the Management Compensation Plan, Grade 1 ($77,069 - $93,766/yr) effective March 28, 2014. AGENDA ITEM NO. 23 – Adopt 2014-2015 County Mission Statement Ms. Briggs said the County has not had a mission statement in the past, and it provides the public with information, as well as a focus for Legislators. ON MOTION OF PRICE RESOLUTION NO. 109-14 Adopt 2014-2015 County Mission Statement WHEREAS, the Cortland County Legislature wishes to adopt a Mission Statement for the 2014-15 term as a tool to guide discussions and decisions, AND WHEREAS, the Personnel Committee has reviewed and approved the attached Mission Statement, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the following non- binding Mission Statement for the 2014-15 term: MISSION STATEMENT The Cortland County Legislature provides services as required by law or supported by the public. Through effective management of personnel and other resources, the County strives to provide the basic facilities and programs which promote health, safety and quality of life for its citizens. Strategic Goals include: o Provide for the safety and security of county citizens o Improve and protect public health o Protect the environment and quality of life o Maintain and enhance county roads o Support economic growth o Provide recreational opportunities ad facilities o Maintain a high level of customer service to citizens of Cortland County o Create a positive work environment for all county employees o Promote a communicative and transparent environment amongst the Legislators, County Administrator, county personnel and public RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 83 o Continue to promote State mandate relief AGENDA ITEM NO. 24 – Authorize Contract/Amend Budget - Dominion Voting Systems Corp. ON MOTION OF PRICE RESOLUTION NO. 110-14 Authorize Contract/Amend Budget - Dominion Voting Systems Corp. WHEREAS, hardware and software warranty agreements have expired for Cortland County’s 33 Ballot Marking Devices (Voting Machines), AND WHEREAS, the Commissioners of the Board of Elections have applied for funding of a grant from the State’s “shoebox monies” for extended warranties, AND WHEREAS, the grant monies are a reimbursement to the Cortland County Board of Elections upon submission to the NYS Board of Election of a paid invoice, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign a five year agreement on behalf of the Cortland County Board of Elections, upon approval of the County Attorney with Dominion Voting Systems Corporation, 215 Spadina Avenue, Suite 200, Toronto ON M5T 2C7 at $20,932.26 for hardware maintenance and $57,547.74 for software maintenance, AND BE IT FURTHER RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Increase: Expenses: A14505 54015 Maintenance +$78,480. Revenues: A145043 43089 1450 HAVA Revenue +$78,480. Resolutions from Budget & Finance Committee AGENDA ITEM NO. 25 – Approve Contract - Phillips Lytle LLP Real Property in Rem Foreclosure Proceedings Treasurer's Office Mr. Whitney said the Committee determined the County was not willing to take on the risk of paying Philips Lytle the difference between the $508 requested by them, and what the court approves. Mr. Denkenberger suggested that the County begin investigating alternate revenue sources aside from property tax, as taxpayers have reached "the tipping point." Ms. Howe said the company has agreed to language in the contract that no services will be provided if the courts do not approve the $508 fee per parcel. She said she is comfortable with the County moving forward on those terms. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Thomas P. Hartnett ---PAGE BREAK--- 84 ON MOTION OF WHITNEY RESOLUTION NO. 111-14 Approve Contract - Phillips Lytle LLP Real Property in Rem Foreclosure Proceedings Treasurer's Office WHEREAS, The Treasurer's Office and the Budget and Finance Committee recommend that the County contract with Phillips Lytle LLP to process the 2013 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 $150.00, or up to a court approved $508.00 per redeemed parcel, with a minimal cost to the County which is already appropriated in the 2014 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. Executive Session Announcements Mr. Murphy said the company that is converting the Real Property Tax Maps to GIS will give a presentation at the April 7 Department Head's meeting at 9 a.m. and invited Legislators to attend. Mr. Boylan gave an overview of the proposed solid waste regional partnership with Onondaga County. He said the counties will be moving forward as Co-Lead agencies. The County's consultant, Barton & Loguidice, will be contracting with OCRRA for all costs relating to Onondaga County. He said the Legislature can expect to vote on a resolution accepting Co-Lead Agency status, as well as approving a revised scoping document for the project, at its April Legislative Session. Ms. Price said that she and Carletta Edwards are competing in the pancake eating competition at this year's Maple Festival as a fundraiser for "Big Pink," a fundraiser to help with medical costs associated breast cancer. She said all funds received go to families within Cortland County. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Thursday, April 10, 2014 6:00 PM Board Room Salute to the Flag Roll Call RESULT: MOVER: AYES: NAYS: EXCUSED: ADOPTED [15 TO 1] Kevin Whitney, Legislative District 13 Troy, Cobb, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink James Denkenberger Thomas P. Hartnett ---PAGE BREAK--- 85 PRESENT: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Snyder (Excused), Willcox Jr. (Excused), Steinhoff (Excused) 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 Resolutions AGENDA ITEM NO. 1 – Authorize Agreement Health Department/Hospice Transfer Certificate of Need (Asset Purchase Agreement/Management Agreement) ON MOTION OF PRICE RESOLUTION NO. 112-14 Authorize Agreement Health Department/Hospice Transfer Certificate of Need (Asset Purchase Agreement/Management Agreement) WHEREAS, Resolution No. 65-14 approved the transfer of the Certificate of Need for Hospice Services to Hospicare & Palliative Care Services of Tompkins County, a not for profit organization, located at 172 E. King Road, Ithaca, NY 14850, AND WHEREAS, the Cortland County Health Department wishes to enter into an Asset Purchase Agreement with the purpose of the agreement to fulfill another step in the process to transfer the Certificate of Need for Hospice services to Hospicare & Palliative Care Services of Tompkins County, AND WHEREAS, the Cortland County Health Department wishes to enter into a Management Agreement if and when approved by the NYS Department of Health, with Hospicare & Palliative Care Services of Tompkins County, AND WHEREAS, there is no cost to the County for these agreements, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney is hereby authorized and directed to enter into an Asset Purchase Agreement with Hospicare & Palliative Care Services of Tompkins County, 172 E. King Road, Ithaca, NY 14850 and further when authorized by RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Luke Snyder, Newell Willcox Jr., Joseph Steinhoff ---PAGE BREAK--- 86 SDOH, enter into a Management Agreement, based upon the terms negotiated by the parties and conduct any further steps as required by SDOH to transfer the Certificate of Need for hospice services. AGENDA ITEM NO. 2 – Award Solid Waste Construction and Professional Services Agreements Landfill Capping Project Solid Waste Department Mr. Whitney said the County has yet to establish a policy other than the 2004 resolution that called for a fund balance of 10% of the entire budget. He said the Budget & Finance Committee is considering a policy that would be 10% of the General Fund. He said if the resolution intends to bond for the project, the County will still have the option of paying for it out of fund balance in the future, by simply bonding for less. This will allow the Legislature to further evaluate the fund balance and what it should be used for. Ms. Briggs said that Mr. Murphy will provide a breakdown of the current fund balance, which includes expenditures to date, and a balance of the Capping Reserve Account. Mr. Denkenberger made a motion to amend the resolution to state that the project will be bonded for, rather than taken from the General Fund Balance. All members voting in favor; none opposed. The motion to amend the resolution was approved. ON MOTION OF HARTNETT RESOLUTION NO. 113-14 Award Solid Waste Construction and Professional Services Agreements Landfill Capping Project Solid Waste Department WHEREAS, the Cortland County Legislature approved the Landfill Capping Project by Resolution 166-13, AND WHEREAS, $278,000.00 of the funds needed for said project are to be appropriated from the landfill capping reserve fund, AND WHEREAS, the County will bond for the balance of the funds needed for said project, AND WHEREAS, the Highway Superintendent advertised for and received bids the construction of the Landfill Capping Project (also known as Cortland County Landfill Stage 2 Closure), AND WHEREAS, the bids received are as follows: BIDDERS BID Gorick Construction Co., Inc. 0027 Track Drive Binghamton, NY 13904 $1,288,000.00 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Luke Snyder, Newell Willcox Jr., Joseph Steinhoff ---PAGE BREAK--- 87 Adhan Piping Co., Inc. 1865 State Rt. 13 Cortland, NY 13045 $1,435,651.00 Marcy Excavation Services, LLC. 2256 Broad St. Frankfort, NY 13340 $1,445,000.00 Woodstone Earth Construction, Inc. 485 State Rte. 21 Palmyra, NY 14522 $1,454,900.00 Environmental Services Group (NY), Inc. 177 Wales Ave. Tonawanda, NY 14150 $1,861,680.00 Mattiola Services, LLC. B Lucon Road Skippack, PA 19474 $2,217,305.00 , AND WHEREAS, that in accordance with the recommendations of the Solid Waste Committee, the County hereby awards the construction agreement to the lowest bidder: Gorick Construction Co., Inc., 0027 Track Drive, Binghamton, NY 13904, for the total amount of the bid of $1,288,000.00, AND WHEREAS, the Legislature has selected Barton & Loguidice, P.C., 290 Elwood Davis Rd., Syracuse, NY 13220 to provide professional engineering services for the Highway Department by Resolution 397-12, AND WHEREAS, the Solid Waste Committee desires to authorize the use of the Engineering Term Agreement approved by Resolution 166-13 to provide Engineering Construction Services for said 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 a Project task order with Barton and Loguidice, P.C. for professional services related to said project at an estimated cost not to exceed $120,000.00, 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 as agreement with Gorick Construction Co., Inc. for the Construction of the Landfill Capping Project, AND BE IT FURTHER RESOLVED, that the 2014 Adopted Budget is hereby amended as follows: Increase Expense: H81605.52265.8168 $1,408,000.00 Landfill Capping Project , AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to ---PAGE BREAK--- 88 make payment from account H81605.52265.8168 for said Professional and Construction Agreements. AGENDA ITEM NO. 3 – Establish Project/Award Agreement For County Highway Building HB-1 ACM Mitigation Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 114-14 Establish Project/Award Agreement For County Highway Building HB-1 ACM Mitigation Highway Department WHEREAS, the Cortland County Legislature approved the Highway Building HB-1 ACM Mitigation Project by Resolution # 407-12, AND WHEREAS, partial project funding for this project was originally budgeted in the Buildings and Grounds account # A16205.52025.2302, the balance of funding necessary to complete this project will be appropriated from the Road Machinery Fund Balance, AND WHEREAS, since the construction phase of this project is being managed by the Highway Department, a new account needs to be established in the Highway Department Budget, and the balance of account # A16205.52025.2302 be transferred to said account, AND WHEREAS, Resolution 348-13 identifies the need for Professional Services for the Abatement Construction Services, and authorizes Barton and Loguidice of 290 Elwood Davis Rd., Syracuse, NY 13220 to perform said Professional Services, AND WHEREAS, the Highway Department advertised for bids for the County Highway Building HB- 1 ACM Mitigation, AND WHEREAS, the bids received are as follows: BIDDERS BID First General of Southern NY, Inc. $93,520.00 2713 E. Main St. Endwell, NY 13760 Sunstream Corporation $94,881.00 6 Spring Forest Avenue Binghamton, NY 13905 Sunshine Environmental Services, Inc. $102,900.00 379 North Stafford Avenue Waterville, NY 13480 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Luke Snyder, Newell Willcox Jr., Joseph Steinhoff ---PAGE BREAK--- 89 Midlantic Environmental Inc. $109,000.00 42 Genesee Street New Hartford, NY 13413 Niram, Inc. $117,000.00 91 Fulton Street Boonton, NJ 07005 Bouley Asscociates $124,770.00 265 Genesse St. Auburn, NY 13021 Paul Yaman Construction Co. 1875 Lorings Crossing Road Cortland, NY 13045 $155,000.00 , 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: First General of Southern NY, Inc., 2713 E. Main St., Endwell, NY 13760 for the total amount bid $93,520.00, 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 First General Of Southern NY, for the Construction of said project, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby approves the task order for The Construction Inspection and Air Monitoring Services associated with the ACM Mitigation with Barton and Loguidice, 290 Elwood Davis Rd., Syracuse, NY, 13220, for an amount not to exceed, $23,000.00, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said agreements and task orders from Account E51305.54076.2302 for the ACM Mitigation in HB-1, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2014 County Budget as follows: Decrease: Expense: A16205.52025.2302 Highway ACM Project(B&G) $55,581.48 Increase: Expense: A99015.59951.2302 Transfer to Road Machinery $55,581.48 E513048.45031.2302 Transfer from General Fund $55,581.48 E51305.54076.2302 HB-1 ACM Mitigation $116,520.00 E359900 Appropriated Fund Balance $60,938.52 ---PAGE BREAK--- 90 AGENDA ITEM NO. 4 – Award Bids Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 115-14 Award Bids Highway Department WHEREAS, the Cortland County Highway Department 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. ASPHALT EMULSION SLURRY SEAL from the low bidder meeting the product specifications, where the project quantities and bid price will be a consideration. BITUMINOUS LIQUIDS from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. CORRUGATED POLYETHYLENE PIPE AND COUPLINGS from HD Supply Waterworks, 183 Corporate Drive, Binghamton, NY 13904. CRUSHED STONE from the low bidder where cost of hauling and availability will be a consideration. DIESEL FUEL from Mirabito Energy Products, The Metro Center, 49 Court St., Binghamton, NY 13902. 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. IN-PLACE RECYCLED ASPHALT PAVEMENT (COLD) and PARTIAL DEPTH STABILIZATION from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. LIQUID CALCIUM CHLORIDE from the low bidder where cost of hauling and availability will be a consideration. MICROSURACING EXISTING ASPHALT PAVEMENT from the low bidder meeting the product specifications, where the project quantities and bid price will be a consideration. OIL AND LUBRICANTS from Williams Lubricants, Inc., 805 Hatch St., Elmira, NY 14901. PAINTING TRAFFIC LINES from Seneca Pavement Marking, Inc., 23 Hunter Run, Horesheads, NY RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Luke Snyder, Newell Willcox Jr., Joseph Steinhoff ---PAGE BREAK--- 91 14845. PAVEMENT CRACK FILLING from the low bidder meeting the product specifications, where the project quantities and bid price will be a consideration. PROCESSING OF HIGHWAY AGGREGATE from RMS Gravel, Inc. 290 Mott Rd., Dryden, NY 13053. STEEL SNOWPLOW AND GRADER BLADE EDGES from Wayne’s Welding, Inc., 66 Calder Ave., Yorkville, NY 13748. STONE FILLING MATERIALS from the low bidder where cost and availability will be a consideration. TRANSIT MIX CONCRETE/PRECAST CONCRETE BLOCKS from the low bidder meeting the material specifications and where cost and availability will be a consideration. TREE AND STUMP REMOVAL from Stub’s Tree Service, 4671 Syrian Hill Rd., McGraw, NY 13101. TRUCKING OF COUNTY-OWNED HIGHWAY AGGREGATES from Van Slyke Trucking, PO Box 15218, Syracuse, NY 13215. UNLEADED FUEL from Superior Plus Energy Services, Inc., 1870 South Winton Rd., Rochester, NY 14618 100LL AVIATION GASOLINE from Ascent Aviation Group, Inc., One Mill St., Parish, NY 13131. AGENDA ITEM NO. 5 – Accept Grant/Amend Budget Department of E&T Grant Administration Disability Employment Initiative ON MOTION OF PRICE RESOLUTION NO. 116-14 Accept Grant/Amend Budget Department of E&T Grant Administration Disability Employment Initiative WHEREAS, the New York State Department of Labor is providing the Cayuga-Cortland Workforce Investment Area with funds to provide for the services of two Disability Resource Coordinators , AND WHEREAS, a Request for Proposal was posted and advertised for agencies to provide proposals for such services for each of our two One-Stop Centers located in Cayuga County and Cortland County, AND WHEREAS, proposals were received and the Executive Committee of the Workforce Investment Board for the Cayuga-Cortland met and have recommended for approval two agencies for providing the services required, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Knolls, Boyden, Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Luke Snyder, Newell Willcox Jr., Joseph Steinhoff ---PAGE BREAK--- 92 WHEREAS, the funding for this program comes from the NYSDOL DEI Initiative and covers all costs for these positions for a period of three years with any necessary increases in costs covered by amending the budget annually, AND WHEREAS, each agency submitted a proposed three year budget proposal, AND WHEREAS, the total budget proposal for the Cayuga- Seneca Community Action Council for three years is $174, 903.00, AND WHEREAS, the total budget proposal for the JM Murray Center for three years is $143.873.55, AND WHEREAS, the second and third year may need modification as costs may vary for fringe benefits for the positions that are provided by this grant, NOW THEREFORE BE IT RESOLVED, the Chairman of Legislature and Cortland County E&T Grant Administrator, upon review and approval by the County Attorney, be and hereby are authorized to enter into subcontracts with the J.M. Murray Center, Inc. and Cayuga-Seneca Community Action Council for the services of two full time Disability Resource Coordinators, for a period of three years, with budget amended annually, AND BE IT FURTHER RESOLVED, that the Employment and Training Grant Administration budget for the first year of this grant be and hereby is amended by establishing the following accounts: Increase: Revenue: C24943745 Statewide Activities Year 1 DEI Grant Cayuga $57,000.00 DEI Grant Cortland $46,547.46 Increase: Expense: C242610 54 Statewide Activities $103,547.46 Executive Session Announcements Ms. Briggs said that TLC Ambulance has offered CPR training to legislators sometime this summer. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, April 24, 2014 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, ---PAGE BREAK--- 93 Steinhoff, Whitney, Price, Denkenberger, Sudbrink ABSENT: Knolls (Excused), Wagner (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Mar 27, 2014 6:00 PM Privilege of the floor Ms. Alison King said she had concerns regarding the impacts of Agenda Item No. 10 and provided a written comment. Ms. Pam Jenkins spoke in opposition of Agenda Item No. 10 and provided a written comment. Proclamations & Recognitions Proclaiming Foster Parent Month Mr. Boylan read the proclamation. Ms. Price presented the proclamation to DSS Commissioner Kristen Monroe, and Foster Parents Tom and Elaine Brehm. Proclaim Mental Health Awareness Month Mr. Boylan read the proclamation. Ms. Discenza presented the proclamation to Mark Thayer and Garra Lloyd-Lester of the County Mental Health Department. Proclaiming Paint the Town Purple Week Mr. Boylan read the proclamation. Ms. Cobb presented the proclamation to the Paint the Town Purple Committee. Presentation of Petitions, Communications, and Notice Ms. Price and Ms. Carletta Edwards presented Public Health Director Catherine Feuerherm with a check for $3,000. The pair raised the money through donations, and it will be given to the "Big Pink" program, helping Cortland County residents offset costs associated with breast cancer. Receive and File Petition in Support of Public Transportation 2013-2014 DSS Annual Report and Business Plan RESULT: APPROVED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 94 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 at Large Member to Soil & Water Conservation Board ON MOTION OF BRIGGS RESOLUTION NO. 117-14 Appoint at Large Member to Soil & Water Conservation Board WHEREAS, the Cortland County Legislature is required to appoint all directors of the Cortland County Soil &Water Conservation District's Board of Directors, AND WHEREAS, the term of Patrick Snyder, who has served on the board since 1995, has come to an end, and he is no longer able to serve in that position, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature thanks Mr. Snyder for his service, AND BE IT FURTHER RESOLVED, that John Merriman, 4801 Butler Drive, Cortland, NY is hereby appointed to the Cortland County Soil & Water Conservation District's Board of Directors as a Member At Large, for a three year term to expire 12/31/16. AGENDA ITEM NO. 2 – Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner RESULT: APPROVED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 95 ON MOTION OF BRIGGS RESOLUTION NO. 118-14 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board WHEREAS, pursuant to Section 117 of the Workforce Investment Act of 1998, the Governor of the State of New York has authorized and directed the Chief Local Elected Officials of the Cortland and Cayuga Counties, which have been designated as a Workforce Area, to appoint/reappoint members to the Workforce Investment Board for said Area, NOW THEREFORE BE IT RESOLVED, that the following person be and hereby is appointed to serve on the Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below: Regional Appointment Name Address Sector Term Patrick Sheppard Utica, NY NYS Education Department 5/1/14-4/30/17 AGENDA ITEM NO. 3 – Appoint Members Cortland County Emergency Medical Services Advisory Board Mr. Whitney asked about the possibility of a Legislator serving on the Board. Mr. Boylan said the Board's bylaws would determine if that is authorized. ON MOTION OF BRIGGS RESOLUTION NO. 119-14 Appoint Members Cortland County Emergency Medical Services Advisory Board WHEREAS, Resolution 196-04 created the Cortland County Emergency Medical Services Board with appointments to said Board to be completed by the Chairman of the Cortland County Legislature in accordance with their By-Laws, AND WHEREAS, Article IV of the By Laws establishes the terms and conditions of said appointments, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 96 RESOLVED, that the following persons be and hereby appointed to the Cortland County Emergency Medical Services Advisory Board for a two year term to expire on December 31, 2015: Rich Roberts Cincinnatus FD William Buttino Cortland FD Jared Gebel Cortlandville FD Bud Lambert Cuyler FD Daryl Cross Harford Fire Mike Keegan Homer Fire Edward Greenman McGraw Fire Renee Compton Preble Fire Kaltenbach Truxton Fire Adam Brown Virgil Fire Jerome Morrison CRMC Scott Roman Emergency Management John Tillotson Marathon Ambulance Donna Caitlin Cincinnatus Ambulance David Butler TLC EMS AGENDA ITEM NO. 4 – Appoint Member - Cortland County Industrial Development Agency Mr. Boylan advised the Legislature that the seat will be filled by Brad Totman. ON MOTION OF BRIGGS RESOLUTION NO. 120-14 Appoint Member - Cortland County Industrial Development Agency WHEREAS, pursuant to General Municipal Law 856, the Cortland County Legislature, on recommendation of the Chairman of the Cortland County Legislature, is required to appoint the members of the Industrial Development Agency Board of Directors, AND WHEREAS, Resolution No. 58-14 appointed David McNeil to the Industrial Development Agency, but he has subsequently declined said appointment due to personal conflicts, NOW THEREFORE BE IT RESOLVED, that Brad Totman, 3733 Union Valley Road, DeRuyter, NY is hereby appointed to the Industrial Development Agency Board of Directors effective immediately for a two year term to expire 12/31/15 or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years. AGENDA ITEM NO. 5 – Appoint Members Developmental Disabilities Subcommittee RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 97 Mr. Troy made a motion to suspend the Rules of Order to consider the next two appointment resolutions that were not included on the agenda. Second by Mr. Wheelock. All members voting in favor; none opposed. The motion was approved. ON MOTION OF PRICE RESOLUTION NO. 121-14 Appoint Members Developmental Disabilities 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 WHEREAS, the term of each member of the Subcommittee shall be four years except when completing the term created by member resignation, AND WHEREAS, there are currently two vacancies on the DD Subcommittee; Regina Grantham and Ellen Wright, NOW THEREFORE BE IT RESOLVED, that the following appointments be made: NAME/ADDRESS TERM Ellen Wright April 24, 2014 through December 31, 2016 495 Route 90 (completing original term) Cortland NY 13045 Liesl Moheimani April 24, 2014 through December 31, 2015 5407 Brake Hill Rd Homer NY 13077 AGENDA ITEM NO. 6 – Appoint Grants Administrator - Employment & Training ON MOTION OF PRICE RESOLUTION NO. 122-14 Appoint Grants Administrator - Employment & Training RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 98 WHEREAS, the Cortland County Legislature has a vacant position of Grants Administrator, AND WHEREAS, the Employment and Training Director has assumed the duties of the Grants Administrator per Resolution 267-11, AND WHEREAS, the Cortland County Rules of Order (Article IV-A;9) directs a Committee Chair to “delegate two members of the committee, who shall in conjunction and cooperation with the County Administrator, participate in the selection of a Department Head,” AND WHEREAS, Health & Human Services Committee members Sandy Price and Luke Snyder were delegated and conducted interviews with the County Administrator and offered a recommendation for this appointment, AND WHEREAS, the County Legislature has received from the County Administrator and the Health and Human Services Committee the recommendation for appointment of Robin C. Ferri as Grants Administrator, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Robin C. Ferri, 1251 Muster Road, Marathon, NY, as Grants Administrator on May 5, 2014 at an annual salary of $32,976 (Management Compensation Plan Grade 5, step 1, Competitive Class) for 20 hours/week pursuant to the terms and conditions of the Management Confidential/Management Employment Policy. Referred from Highway Committee AGENDA ITEM NO. 7 – Extend Bids Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 123-14 Extend Bids Highway Department WHEREAS, the Cortland County Highway Department advertised, received and opened bids for various materials and supplies used by the Highway Department in 2014 with an option to extend existing bids, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County will extend the existing 2013 bids to purchase materials, supplies and services from the low bidders meeting specifications as follows: BITUMINOUS CONCRETE 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, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 99 AWOS INSPECTION AND MAINTENANCE from Avionics, Inc., 102 Gardnertown Rd., Newburgh, NY 12550. AGENDA ITEM NO. 8 – Award Contract Fleet Leasing Services Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 124-14 Award Contract Fleet Leasing Services Highway Department WHEREAS, the Cortland County Highway Department advertised for bids for Fleet Leasing Services, AND WHEREAS, the bid specification documents requested a bid for the Light Vehicle Leasing Services, AND WHEREAS, the Cortland County Highway Department received the following response: COMPANY NAME AMOUNT OF BID Enterprise Fleet Management $110,520.87 248 Buell Rd. Rochester, NY 14624 Vehicle Leasing Associates, LLC $138,222.00 333 South Broad Sat. Meriden, CT 06450 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the Cortland County Legislature hereby awards the Fleet Leasing Services contract to Enterprise Fleet Management, 248 Buell Rod., Rochester, NY for a five year term, AND BE IT FURTHER RESOLVED, that upon mutual agreement of Enterprise Fleet Management and Cortland County, additional vehicles may be leased within the term of the Leasing Agreement, 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 and directed to execute the necessary agreements and documents for said contract, AND BE IT FURTHER RESOLVED, that all lease payments shall be made on a yearly basis by the various Departments assigned vehicles directly to Enterprise Fleet Management, AND BE IT FURTHER RESULT: ADOPTED [14 TO 1] MOVER: Donnell Boyden, Majority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: Newell Willcox Jr. EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 100 RESOLVED, that the total first year cost of said lease shall not exceed $119,520.87 AGENDA ITEM NO. 9 – Award Construction Agreement E. Keeney Road Bridge Over E. Branch Tioughnioga Creek Rehabilitation (BIN 3312340) Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 125-14 Award Construction Agreement E. Keeney Road Bridge Over E. Branch Tioughnioga Creek Rehabilitation (BIN 3312340) Highway Department WHEREAS, the Cortland County Highway Department advertised for bids for the Construction of the E. Keeney Road Bridge over E. Branch Tioughnioga Creek Rehabilitation (BIN 3312340), AND WHEREAS, the bids received are as follows: BIDDERS BID Vector Construction Corp. 6364 Interstate Island Road Cicero, NY 13039 $55,924.00 R. DeVincentis Construction, Inc. 1 Brick Avenue Binghamton, NY 13901 $71,000.00 Economy Paving Co., Inc. 1819 NYS Route 13 Cortland, NY 13045 $86,956.00 Piasecki Steel Construction Corp. 1264 Route 9 Castleton, NY 12033 $108,200.00 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, Cortland County hereby awards the construction agreement to the lowest bidder: Vector Construction Corp., 6364 Interstate Island Road, Cicero, NY 13039 for the total amount bid of $55,924.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 101 County Attorney, is hereby authorized to execute an agreement with Vector Construction Corp., 6364 Interstate Island Road, Cicero, NY 13039, 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 D51125.54077.7031 Materials and Supplies for the Construction of the E. Keeney Road Bridge over E. Branch Tioughnioga Creek Rehabilitation (BIN 3312340). AGENDA ITEM NO. 10 – Award Construction Agreement Youngs Crossing Large Culvert Replacement C.I.N. 114B-0397-5.50 Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 126-14 Award Construction Agreement Youngs Crossing Large Culvert Replacement C.I.N. 114B-0397-5.50 Highway Department WHEREAS, the Cortland County Highway Department advertised for bids for the Construction of the Youngs Crossing Large Culvert Replacement in the Town of Homer C.I.N. 114B-0397-5.50, AND WHEREAS, the bids received are as follows: BIDDERS BID ZMK Construction, Inc. $363,00.00 3430 State Route 434 Apalachin, NY 13732 Silverline Construction, Inc. $369,28.00 4299 Newtown Rd Burdett, NY 14818 Vector Construction Corp. $372,731.00 6364 Island Road Cicero, NY 13039 G. DeVincentis & Son Const. Co., Inc. 7 Belden St. Binghamton, NY 13903 $394,000.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 102 R. DeVincentis Construction, Inc. One Brick Avenue Binghamton, NY 13901 $394,000.00 Slate Hill Constructors 6573 Herman Rd. P.O. Box 275 Warners, NY 13164 $424,652.00 Adhan Piping Co., Inc. 1865 Rte. 13 Cortland, NY 13045 $443,982.00 Procon Contracting PO Box 1037 Vestal, NY 13851 $504,000.00 , 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: ZMK Construction, Inc., 3430 State Route 434, Apalachin, NY 13732, for the total amount bid of $363,000.00, 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 ZMK Construction, Inc., 3430 State Route 434, Apalachin, NY 13732, 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 D51125.54077.7026 Materials and Supplies for the Construction of the Youngs Crossing Large Culvert Replacement in the Town of Homer C.I.N. 114B- 0397-5.50. AGENDA ITEM NO. 11 – Award Construction Agreement Design, Supply and Installation of a Precast Concrete Box Culvert Texas Valley Rd. (CR 161B) C.I.N. 161B-0508-114.50 Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 127-14 Award Construction Agreement Design, Supply and Installation of a Precast Concrete Box Culvert Texas Valley Rd. (CR 161B) C.I.N. 161B-0508-114.50 Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 103 WHEREAS, the Cortland County Highway Department advertised for bids for the Design, Supply and Installation of a Precast Concrete Box Culvert on the Texas Valley Rd. (CR 161B) Town of Marathon C.I.N. 161B-0508-114.50, AND WHEREAS, the bids received are as follows: BIDDERS BID R. DeVincentis Construction, Inc. One Brick Avenue Binghamton, NY 13901 $44,000.00 ZMK Construction, Inc. 3430 Route 434 Apalachin, NY 13732 $46,126.00 Procon Contracting PO Box 1037 Vestal, NY 13851 $54,000.00 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, Cortland County hereby awards the construction agreement to the lowest bidder: R. DeVincentis Construction, Inc., One Brick Avenue, Binghamton, NY 13901 for the total amount bid of $44,000.00, 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 R. DeVincentis Construction, Inc. for the Design, Supply and Installation of a Precast Concrete Box Culvert on the Texas Valley Rd.(CR 161B) Town of Marathon C.I.N. 161B-0508-114.50, 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 D51125.54077.7027 Materials and Supplies for the Design, Supply and Installation of a Precast Concrete Box Culvert on the Texas Valley Rd. (CR 161B) Town of Marathon C.I.N. 161B-0508-114.50. Referred from Solid Waste Committee AGENDA ITEM NO. 12 – Resolution Authorizing Cortland County to Proceed as Co-Lead Agency with Onondaga County for the Review of the Proposed Regional Solid Waste Partnership Project Pursuant to the State Environmental Quality Review (“SEQR”) Act, and Approving the Revision and Distribution of Certain SEQR Documents. ---PAGE BREAK--- 104 ON MOTION OF HARTNETT RESOLUTION NO. 128-14 Resolution Authorizing Cortland County to Proceed as Co-Lead Agency with Onondaga County for the Review of the Proposed Regional Solid Waste Partnership Project Pursuant to the State Environmental Quality Review (“SEQR”) Act, and Approving the Revision and Distribution of Certain SEQR Documents. WHEREAS, the Cortland County Legislature resolved pursuant to Resolution dated September 26, 2013 to proceed with studying a proposed solid waste management project which would involve a potential partnership with the Onondaga County Resource Recovery Agency (“OCRRA”), AND WHEREAS, the implementation of any such agreement will require authorization by the Onondaga County Legislature, AND WHEREAS, the Onondaga County Legislature has expressed an interest in proceeding as a co-lead agency with Cortland County for the environmental review process, AND WHEREAS, the potential regional partnership involves significant actions and potential environmental benefits in both Cortland and Onondaga Counties, AND WHEREAS, the costs of Onondaga County’s participation in the SEQR process will be borne by Onondaga County and/or OCRRA, AND WHEREAS, a revised Environmental Assessment Form Part 1 and Draft Scoping Document have been prepared by the county’s environmental engineering firm, Barton and Loguidice, DPC, AND WHEREAS, the Project is considered a Type I Action under SEQRA, and Cortland County and Onondaga County 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 Project, and have determined that the Project may have a significant adverse impact on the environment within the meaning of SEQRA, AND WHEREAS, Cortland County and Onondaga County will conduct formal scoping to provide opportunity for public input regarding issues to be examined in the Draft Environmental Impact Statement (“DEIS”), NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby determines that it will act as Co-Lead Agency with Onondaga County pursuant to SEQRA, and as Co-Lead Agency, hereby determines that the Project may have significant adverse impact on the environment, AND BE IT FURTHER RESOLVED, that the EAF Part 1, prepared by Cortland County and Onondaga County and filed with this Legislature, is satisfactory with respect to scope, content and adequacy in conformance with SEQRA, and it is hereby accepted and adopted by the County, AND BE IT FURTHER RESOLVED, that this Cortland County Legislature does hereby make and adopt a revised Positive RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 105 Declaration for the Project, and further determines that a Draft Environmental Impact Statement (DEIS) must be prepared, AND BE IT FURTHER RESOLVED, that the revised Draft Scoping Document, prepared by Cortland County and Onondaga County and filed with this Legislature, is hereby accepted and adopted by Cortland County, AND BE IT FURTHER RESOLVED, that upon approval by both co-lead agencies the EAF Part 1, Positive Declaration and Draft Scoping Document shall be made available to any member of the public upon request and sent to all involved agencies identified in the EAF, AND BE IT FURTHER RESOLVED, that upon approval by both co-lead agencies, notice of the issuance and availability of the Draft Scoping Document be made, AND BE IT FURTHER RESOLVED, that written comments on the Draft Scoping Document will be accepted until 4:30 p.m/ on June 14, 2014 and may be delivered in person, sent by mail, or sent by email to: Jillian Blake, Barton and Loguidice, 290 Elwood Davis Road, Box 3107, Syracuse, NY 13220, CortlandOnondagaPartnership@bartonloguidice. com, AND BE IT FURTHER RESOLVED, that the Chairperson of this Legislature or her designee, is authorized to take such action to comply with the requirements of SEQRA, including the execution of documents and filing and publication of same, the publication and circulation of the EAF, Positive Declaration, and Draft Scoping Document and any other action to implement the intent of this resolution, AND BE IT FURTHER RESOLVED, that the Solid Waste Committee of this Legislature shall have the authority to determine the adequacy of the draft and final environmental impact statements upon their submission to this Legislature by the county’s engineers, Barton and Loguidice, DPC. AGENDA ITEM NO. 13 – Authorize Amnesty Week Highway Department/Landfill Mr. Hartnett said the resolution was amended at a special meeting of the Solid Waste Committee to reflect that no tires would be accepted this year. Mr. Willcox asked about the status of the stockpiled tires already at the landfill. Mr. Murphy said the landfill capping project approved earlier in the month addressed the tires and the County will once again be in compliance with DEC regulations as they relate to tires at the landfill. ON MOTION OF HARTNETT RESOLUTION NO. 129-14 Authorize Amnesty Week 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 2014 to dispose of wastes other than garbage at no charge, AND WHEREAS, the Highway Department is to be authorized to set the dates of such Amnesty week in RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 106 the month of May 2014, AND WHEREAS, the Highway Department is to be authorized to establish the guidelines for such disposal, NOW THEREFORE BE IT RESOLVED, that Highway Department shall designate a week in the month of May 2014 as the time period allotted for the Municipalities of Cortland County to dispose of their wastes at the Cortland County Landfill 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 or their designated agents with a letter from the respective 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 will not be accepted as part of the Amnesty Week program, AND BE IT FURTHER RESOLVED, that 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. 14 – Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau ON MOTION OF PRICE RESOLUTION NO. 130-14 Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau WHEREAS, the NYS Office of Children and Family Services, through the Resource Allocation Plan, has made available the sum of $61,983.00 Cortland County, through the Youth Bureau, AND WHEREAS, the County Youth Bureau has designated the funds to the various county municipalities and agencies for the year 2014 and for which a copy is in the County Youth Bureau Office, 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 107 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. Cortland County Youth Bureau Administration $ 7,500 City of Cortland Youth Bureau $27,000 YMCA $ 1,550 CAPCO Educational Support Program $ 6,610 Catholic Charities STEPS Program $ 5,335 Mental Health Adolescent and Child Respite $ 3,500 Cortland Regional Sports Council Youth Leadership $ 2,000 YWCA- Bridges For Kids $ 6,688 Family Counseling Center- Family Matters $ 1,500 Village of Freetown $ 300 AGENDA ITEM NO. 15 – Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program NYS GRANT) ON MOTION OF PRICE RESOLUTION NO. 131-14 Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program NYS GRANT) WHEREAS, continued funding from the NYS Department of Health is available in the amount of $18,040 for the Children with Special Health Care Needs program, for the contract period October 1, 2013 through September 30, 2014, AND WHEREAS, these funds have already been budgeted for in the 2013/2014 budget, in Expenditure Accounts A40115.51005, $9022 (Personnel), A40115.58020-58065, $8518, and A40115.54000-54500, $500 (Contractual) and Revenue Account A405944.44451, $18,040, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or designees, 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. Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 16 – Amend 2014 Budget Snowmobile Trail Development and Maintenance Grant RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 108 Planning Department ON MOTION OF TROY RESOLUTION NO. 132-14 Amend 2014 Budget Snowmobile Trail Development and Maintenance Grant Planning Department WHEREAS, the County of Cortland has received a grant from the New York State Office of Parks, Recreation and Historic Preservation for Snowmobile Trail Development and Maintenance for 2013-2014, AND WHEREAS, the Planning Department 2014 budget included an estimate of $78,474.00 for expenses and $84,380.00 for revenue for this grant, AND WHEREAS, Cortland County will be retaining an administration fee of the actual cost incurred by Cortland County, which will be deducted from the grant award, AND WHEREAS, the administration fee has been calculated to be 8% of the grant award, AND WHEREAS, the grant award amount is for $91, 980 resulting in totals of $84,621.60 for expenses and $91,980 for revenue expenses which will include the Cortland County administration fee of $7,358.40, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be amended as follows: Increase: Expense: A80215.54080 Snowmobile Trail Dev. and Mnt. $6,147.60 Increase: Revenue: A802043.43989 Snowmobile Trail Dev. and Mnt. $7,600.00 Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 17 – Amend 2014 Budget Emergency Response & Communications (NYS Department of Homeland Security & Emergency Services - C970010) Amend 2014 Budget RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 109 ON MOTION OF BUSHNELL RESOLUTION NO. 133-14 Amend 2014 Budget Emergency Response & Communications (NYS Department of Homeland Security & Emergency Services - C970010) Amend 2014 Budget WHEREAS, it is necessary to re-appropriate the 2013 unspent portion of the three-year 100% funded grant from the NYS Department of Homeland Security & Emergency Services Grant (NYS DHSES) Contract# C970010, also known as the State Homeland Security Program (SHSP) FY2011, for the grant period September 1, 2011 to August 31, 2014, for fiscal year 2013 in 2014, NOW THEREFORE BE IT RESOLVED, that the 2014 Cortland County budget be and hereby is amended as follows: Increase: Revenue: A302043-43306-3011 $13,148.68 Expense: A30205-52012-3011 $13,148.68 Referred from Personnel Committee AGENDA ITEM NO. 18 – Authorize Agreement Dependent Eligibility Audit ON MOTION OF PRICE RESOLUTION NO. 134-14 Authorize Agreement Dependent Eligibility Audit WHEREAS, request for proposals were requested by Cortland County for a Dependent Eligibility Audit of Cortland County’s Health Insurance Program, AND WHEREAS, four proposals were received and analyzed, AND WHEREAS, it is the recommendation of Benefit Consulting Group, the County Administrator, and the Personnel Officer, that the County of Cortland contract with BMI Audit Services for the Dependent Eligibility Audit for a cost not to exceed $10,000.00 to be paid out of account # CH9060558800, 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 BMI Audit Services for the Dependent Eligibility Audit for a cost not to exceed $10,000 to be paid out of account # CH9060558800. AGENDA ITEM NO. 19 – Amend Cortland County Purchasing & Procurement Policy RESULT: ADOPTED [14 TO 1] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink NAYS: Luke Snyder EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 110 ON MOTION OF PRICE RESOLUTION NO. 135-14 Amend Cortland County Purchasing & Procurement Policy WHEREAS, Resolution No. 225-12 adopted a purchasing and requisition policy for Cortland County, AND WHEREAS, Section 4 of the purchasing policy states that a requisition shall be submitted for all orders for any purchase in excess of $200.00, AND WHEREAS, it is requested that the $200.00 amount be changed to $500.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature, hereby amends the Cortland County Purchasing and Requisition policy to change the limits and guidelines to $500.00. AGENDA ITEM NO. 20 – Amend 2014 County Budget - Increase Mileage Reimbursement Mr. Bushnell said he opposes the resolution because the County has no policy to determine what are eligible reimbursements. Ms. Price said the County follows NYS Law, which states Legislators may be reimbursed for mileage traveled while acting in their official elected capacity. Mr. Boylan said $1,500 was budgeted for the last several years, which has regularly been exceeded at the end of the year and money has been found within the budget. The $1,500 has been exhausted in March this year, which is why this resolution is necessary. Mr. Troy made a motion to amend the resolution to take only $1,000 out of contingency to cover the existing costs, and allowing time for the Personnel Committee to create a policy that would determine what are eligible expenses. Second by Mr. Steinhoff. All members voting in favor, except Ms. Price, Mr. Hartnett and Mr. Bushnell, who were opposed. The amendment was approved. ON MOTION OF PRICE RESOLUTION NO. 136-14 Amend 2014 County Budget - Increase Mileage Reimbursement WHEREAS, the budget line for 2014 for the mileage account has already been depleted in March, AND RESULT: ADOPTED AS AMENDED [12 TO 3] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Denkenberger, Sudbrink NAYS: Thomas P. Hartnett, Richard Bushnell, Sandra Price EXCUSED: Knolls, George Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 111 WHEREAS, the projected amount to cover the rest of 2014 for mileage reimbursement will be approximately $4750.00, NOWTHEREFORE BE IT RESOLVED, the 2014 County Budget is hereby amended as follows: Decrease A1990 Contingency $1,000.00 Increase A1010 54047 Mileage Reimbursement 000.00 AGENDA ITEM NO. 21 – Amend 2014 Budget/Contingency Account - Personnel Professional Services ON MOTION OF PRICE RESOLUTION NO. 137-14 Amend 2014 Budget/Contingency Account - Personnel Professional Services WHEREAS, through the Personnel Department, the County contracts with Coughlin & Gerhart for defense of personnel-related litigation, AND WHEREAS, money was not budgeted for defense of a case brought by Edward Goehler, for which Coughlin & Gerhart defended the County, NOW THEREFORE BE IT RESOLVED, to provide for payment for services rendered, the 2014 County Budget be amended as follows: Increase: A1430 54055 Professional Services $12,500 Decrease: A1990 Contingency Account $12,500 Referred from Budget & Finance Committee AGENDA ITEM NO. 22 – Resolution Stating Support for E23 Casino Project Located in the City of Albany in Albany County Ms. Briggs said the County could see increased revenue from the Capital District OTB if a casino was added to the Albany area. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 112 ON MOTION OF WHITNEY RESOLUTION NO. 138-14 Resolution Stating Support for E23 Casino Project Located in the City of Albany in Albany County WHEREAS, This Legislative Body has long endeavored to protect and promote the economic vitality of Cortland County, AND WHEREAS, On November 5th, in a referendum as part of the 2013 general elections, state voters approved the development of seven commercial casinos to be located throughout New York State; and WHEREAS, Sighting for the commercial casinos approved by state voters is now underway across New York State, AND WHEREAS, this county is a participant in Off-Track Betting, more specifically, this County is a participating member of the Capital District Regional Off-Track Betting Corporation and receives revenue from such entity, AND WHEREAS, the Capital District Regional Off-Track Betting Corporation in partnership with Flaum Management Company Inc., has proposed the building of a casino, the E23 Casino Project, in the City of Albany in Albany County, AND WHEREAS, the E23 Casino Project will generate revenue to the Capital District Regional Off- Track Corporation, AND WHEREAS, the Capital District Regional Off-Track Betting Corporation would provide such revenues generated from such E23 Casino Project to its participating County and municipal members, AND WHEREAS, under the Capital District Regional Off-Track Betting Corporation E23 Casino Project, financial benefits would be provided to 19 upstate New York counties and 2 cities which is 12 more municipalities than would receive financial benefit from the Capital Region casino, AND WHEREAS, there would be no other way for these additional counties to receive any financial benefit from the building of a casino in the Capital District Region, AND WHEREAS, these counties would not otherwise be able to receive any positive economic benefits from any casino’s built in New York State, AND WHEREAS, in recognition of the potential economic benefits, this Legislative Body is supportive of a commercial casino, the E23 Casino Project, being located in the City of Albany in Albany County, based on the positive economic and fiscal benefits, provided there is stated support from the host municipality, NOW THEREFORE BE IT RESOLVED, that this Legislative Body does hereby declare support for the sighting of a commercial casino, the E23 Casino Project, in the City of Albany in Albany County, based upon the positive economic and fiscal benefits, provide there is stated support from the host municipality of the City of Albany, in Albany County, AND BE IT FURTHER RESOLVED, That the Clerk of this Legislative Body is hereby directed to transmit certified copies RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 113 of this resolution to governor Andrew Cuomo, State Senator James Seward, and Barbara Lifton and Brian Kolb. AGENDA ITEM NO. 23 – Urban Boundaries for Small Urban Areas New York State Department of Transportation Planning Department ON MOTION OF WHITNEY RESOLUTION NO. 139-14 Urban Boundaries for Small Urban Areas New York State Department of Transportation Planning Department WHEREAS, the New York State Department of Transportation as a result of the 2010 Census is updating the urban area boundaries for small urban areas (urbanized areas 5,000 to 50,000 in population), AND WHEREAS, the Cortland urban area boundary, which includes the City of Cortland and Villages of Homer and McGraw will be adjusted, AND WHEREAS, the 2010 Census data provides a starting point for the new urban area boundary and all Census blocks designated as urban will automatically be included and the New York State Department of Transportation Regional Planning Offices will also be able to adjust the urban area to include other contiguous Census blocks where appropriate, AND WHEREAS, the Cortland urbanized area (UZA) is based on the following guidance for Adjusted Urbanized Areas, must encompass the entire Urbanized Area or urban cluster area as designated by the Bureau of the Census, Should be one single contiguous area, Should encompass areas outside of municipal boundaries that have urban characteristics with residential, commercial, industrial, or national defense land uses that are consistent with or related to the development patterns within the boundary and Should encompass all large traffic generators that are within a reasonable distance from the urban area fringe area public parks, large places of assembly, large industrial plants, etc.). This would include transportation terminals and their access roads airports, seaports), AND WHEREAS, the adjustment of these boundaries will allow the State to smooth out irregularities, maintain administrative continuity, and encompass fringe area having residential, commercial, industrial, and/or national defense significance, AND WHEREAS, there is no requirement in law or regulation to adjust the 2010 Census urban area boundaries however adjusted boundaries can facilitate planning and programming activities, AND WHEREAS, Cortland County only received this notification on April 11, 2014 and there is a Federal deadline of May 1, 2014, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Denkenberger, Sudbrink EXCUSED: Knolls, George Wagner ---PAGE BREAK--- 114 RESOLVED, that the Chair of the Legislature be and hereby authorized to sign the attached form to show Cortland County’s approval to the adjusted urban area and return it to New York State Department of Transportation prior to the May 1, 2014 Federal deadline. Executive Session Announcements Mr. Troy said he has received a nice Thank You letter from LEAD New York, whose members attended the April Ag/Planning/Environment Committee meeting. Ms. Price announced that a Personnel Committee meeting will be held Wednesday, May 7 from 9 to 11 a.m. to review the Rules of Order. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org Thursday, May 22, 2014 6:00 PM Board Room Public Hearing 1. Public Hearing - SEQR Draft Scoping Document Ms. Pam Jenkins spoke about the draft scoping document, stating that document does not address catastrophic failure of the landfill liners. She asked who retains liability for damages done by the ash; and said chemical reactions between ash and sludge from the City's wastewater treatment plant should be considered. She said the scope should review the alternative of Onondaga County utilizing landfill space already approved within its borders. She said the document does not reference the high water table, and that ash TCLP testing does test for "PM25". Ms. Sheila Cohen said the County should create a separate solid waste department to increase recycling efforts and revenues and apply for grants. The department should do community education and outreach to increase recycling, create a composting of food scraps, green purchasing practices. She said Tompkins and other counties have model programs the County can use as a guide. Ms. Alison King asked the Legislature to consider previous comments already submitted in preparing the final scoping document. She asked that the project description better describe the ash to be accepted. She said the scope should provide the County with an opportunity to review any changes to Onondaga County's trash stream. She said the fiscal analysis section has biased language, and the possibility of future cells and expansion should be included and the hydro-geologic factors of future expansion. She said the financial analysis should reflect any alternatives potential impacts to taxpayers. Ms. Mecke Nagel said limited testing has been done on the ash, and that truly in- depth and independent testing may reveal dangerous toxins. She said the possibility of composting the city's sludge should be included. She said involvement from the Director of Public Health and the Environmental Health should be included. She said the scope should include potential quantities of leachate that will need to be treated, and traffic studies to determine any impacts. ---PAGE BREAK--- 115 Ms. Lee Miller said she has spoken in the past about the possibility of gassification, and that this should be considered. She said she owns historic property that may be turned into a NY State Park, which could bring substantial tourism to the area, that would be negatively affected by the proposed partnership. She said she would like a wind analysis done at the site to determine if the proposal by TCI Renewables was correct with the wind speeds at the location, which if accurate could result in blowing of ash to a large area. She said the scope should include a review of history and archeology, beyond any sites already listed, but future potential historic sites. Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Approval of Minutes 1. Cortland County Legislature - Legislative Session - Apr 24, 2014 6:00 PM 2. Cortland County Legislature - Legislative Session - Aug 22, 2013 6:00 PM 3. Cortland County Legislature - Legislative Session - Sep 26, 2013 6:00 PM 4. Cortland County Legislature - Legislative Session - Nov 21, 2013 6:00 PM 5. Cortland County Legislature - Legislative Session - Dec 19, 2013 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ACCEPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ACCEPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ACCEPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 116 6. Cortland County Legislature - Legislative Session - Jan 2, 2014 10:00 AM 7. Cortland County Legislature - Legislative Session - Jan 23, 2014 6:00 PM 8. Cortland County Legislature - Legislative Session - Feb 27, 2014 6:00 PM Privilege of the floor Ms. Brenda Clark of the Cortland Celtic Festival Board thanked the Legislature for use of Dwyer Park and said she is looking forward to another successful year. Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Receive and File 1. Receive & File - Public Transportation Petition Ms. Price made a motion to Receive & File the Public Transportation petition. 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 RESULT: ACCEPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ACCEPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ACCEPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ACCEPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 117 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink Resolutions Referred from Building & Grounds Committee AGENDA ITEM NO. 1 – Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department ON MOTION OF WHEELOCK RESOLUTION NO. 140-14 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received a proposal from the National Grid Small Business Program regarding rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, the Buildings & Grounds Committee has reviewed that proposal and recommends participating in the National Grid Small Business Program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, Cortland County Highway Dept., 4267 Traction Drive - Outdoor Lighting has been identified as eligible, AND WHEREAS, there is the need to complete exterior lighting retrofit work at the Highway Dept., 4267 Traction Dr., Cortland, N.Y. at a cost of $24,256.76 with Utility incentives of $9,658.10 reducing the final cost to Cortland County to $14,598.66 and also resulting in an annual savings of $4,669.48 in energy costs, AND WHEREAS, there is a 15% lump sum payment option that further reduces the County’s portion of the project to $13,060.94 which results in a 33.57 month payback, 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 National Grid Small Business Program to participate in a rebate program associated with the exterior lighting retrofit project and be funded from A16205.54076, B&G Expenses. AGENDA ITEM NO. 2 – Authorize Agreement Trebron Company, Inc. Mr. Wheelock made a motion to amend the resolution from 36 months to 60 months, thus reducing the annual cost to $2,829.60. Second by Ms. Cobb. All members voting in favor; none opposed. The motion was approved. ON MOTION OF WHEELOCK RESOLUTION NO. 141-14 ---PAGE BREAK--- 118 RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink Authorize Agreement Trebron Company, Inc. WHEREAS, Cortland County has a subscription for services with Trebron Company, Inc., for the Sophos Data Protection Suite (Anti Virus) software used thru out the County which is due to expire on May 25, 2014, AND WHEREAS, a Subscription Plan renewal has been received from Trebron Company, Inc. for Sophos anti-virus software for Cortland County as follows: Terms: 60 months Payments: 5/26/2014 thru 5/25/2015 - $2,829.60/year 5/26/2015 thru 5/25/2016 - $2,829.60/year 5/26/2016 thru 5/25/2017 - $2,829.60/year 5/26/2017 thru 5/25/2018 - $2,829.60/year 5/26/2018 thru 5/25/2019 - $2,829.60/year Total Contract Price: $14,148.00 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. 3 – Authorize Issuance of a Theatrical Production and Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) ON MOTION OF BOYDEN RESOLUTION NO. 142-14 Authorize Issuance of a Theatrical Production and Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) WHEREAS, NYS Law requires the issuance of a license to stage theatrical productions in the main Pavilion at Dwyer Memorial Park, 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 119 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, 2014 to October 15, 2014 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. 4 – Authorize Agreement Dwyer Park 2014 Celtic Festival Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 143-14 Authorize Agreement Dwyer Park 2014 Celtic Festival Highway Department WHEREAS, the Cortland Celtic Cultural Association has requested the Dwyer Park at Little York Lake on August 23rd and 24th, 2014,to be the location of the 2014 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 2014 Cortland County Celtic Festival, AND WHEREAS, the Highway Committee has directed 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. 5 – Amend 2014 Budget Recognizing Federal Disaster Assistance Funding Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 144-14 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 120 Amend 2014 Budget Recognizing Federal Disaster Assistance Funding Highway Department WHEREAS, the County of Cortland experienced a Federal Declared Disaster # 1429-DR-NY due to Flooding in July 2013, AND WHEREAS, the flood related repairs to the County Road System were not budgeted in the 2013 budget, AND WHEREAS, the repairs to the Cortland County Road Systems were paid from the County Road fund Maintenance Division in 2013, AND WHEREAS, a portion of the maintenance projects scheduled for 2013 had to be postponed until the said FEMA monies were received, AND WHEREAS, Cortland County has received 75% of the amount requested for said repairs to the County Road System in the amount of $154,553.70, 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 2014 County Budget be amended as follows: Increase: Revenue D511044.44960.8764 FEMA Disaster 1429-DR-NY $154,553.70 Expense D51105.54077.07 Hot Patching Materials $40,000.00 D51105.54065.07 Hot Patching Equipment $14,553.70 AGENDA ITEM NO. 6 – Establish Project/Amend Budget Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 145-14 Establish Project/Amend Budget Highway Department WHEREAS, the New York State Department of Transportation has announced a special one-time capital allocation for extreme winter recovery to help local governments make necessary repairs to highways and bridges following this year’s exceptionally harsh winter, AND WHEREAS, the Cortland County Highway Department is going to receive an additional $147,998.91 in CHIPS revenue from the New York State Department of Transportation for the 2013-2014 Extreme Winter Recovery Appropriation in the 2014 budget, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink D51105.54077.12 Surface Treatment Materials $70,000.00 D51105.54065.12 Surface Treatment Equipment $30,000.00 ---PAGE BREAK--- 121 WHEREAS, the increase in the CHIPS funding would best be utilized by establishing the Project 2013-2014 Extreme Winter Recovery Road Repair Project , to repair damage caused by the extreme winter weather conditions of the 2013- 2014 snow season, NOW THEREFORE BE IT RESOLVED, that the 2014 Adopted County Budget is hereby amended as follows: Increase: Revenue: D511243.43501 CHIPS Capital $147,998.91 Increase: Expense: D51125.54077.7033 2013-2014 Extreme Winter Recovery $88,800.00 Road Repairs Materials D51125.54065.7033 2013-2014 Extreme Winter Recovery $59,198.91 Road Repairs Equipment AGENDA ITEM NO. 7 – Rental Contract/Highway Department Mr. Willcox said he has voted against this for 10 years, over which time the County could have saved enough money to build its own facility. ON MOTION OF BOYDEN RESOLUTION NO. 146-14 Rental Contract/Highway Department 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 2014-2015 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. 8 – Award Bid for Tires Retread/Recapped Highway Department RESULT: ADOPTED [16 TO 1] MOVER: Donnell Boyden, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Newell Willcox Jr. ---PAGE BREAK--- 122 ON MOTION OF BOYDEN RESOLUTION NO. 147-14 Award Bid for Tires Retread/Recapped Highway Department WHEREAS, the Cortland County Highway Department advertised for and received bids for the Supply of Tires Retread/Tires Recapped, AND WHEREAS, the bids received are as follows: BIDDERS BID Tallmadge Tire Services Recapped Continental HDR1 22/32nd $143.13 of Cortland NY, Inc. Recapped Continental HDR1 26/32nd $178.79 50 Groton Ave. Refurbished Rim $25.25 Cortland, NY 13045 Bridgestone America’s Recapped 11R24.5 $204.80 Tire Operations Refurbished Rim $33.00 DBA GCR Tires and Service Store # 328 669 Conklin Rd. Binghamton, NY 13045 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the bid to the lowest bidder: Tallmadge Tire Services of Cortland NY, Inc. 50 Groton Ave. 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 purchases from Account E51305.54300 Vehicle Repair Parts. AGENDA ITEM NO. 9 – Authorize McLean Rd. Large Culvert Hydrologic/Hydraulic Study Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 123 ON MOTION OF BOYDEN RESOLUTION NO. 148-14 Authorize McLean Rd. Large Culvert Hydrologic/Hydraulic Study Highway Department WHEREAS, due to flooding, road closures and damage that have occurred on McLean Rd., County Road 120, in the Town of Cortlandville, the Cortland County Highway Department is requesting to perform an engineering study of 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, due to existing project workload, the Highway Department is requesting that the study be performed using the existing Highway Department Engineering Services Agreement, AND WHEREAS, the funds for said study, estimated not to exceed $10,000.00 are already funded in the 2014 Highway Dept. Budget, AND WHEREAS, that since engineering studies are classified as a Type II Action under Part 617.5(c)18 of New York SEQRA and not subject to environmental review under SEQRA, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the Cortland County Highway Department to conduct the engineering study described above by the consultant under the existing Highway Department Engineering Services Agreement at a cost not to exceed $10,000.00, AND BE IT FURTHER RESOLVED, that the Deputy Superintendent of Highways is hereby authorized to execute the necessary task order to conduct the study at a cost not to exceed $10,000.00. Referred from Solid Waste Committee AGENDA ITEM NO. 10 – Award the Handling, Transportation and Safe Disposal of Household Hazardous Waste Agreement Highway Department/Landfill ON MOTION OF HARTNETT RESOLUTION NO. 149-14 Award the Handling, Transportation and Safe Disposal of Household Hazardous Waste Agreement Highway Department/Landfill WHEREAS, the Cortland County Highway Department advertised for a base bid 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 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 124 BIDDERS BASE BID Care Environmental Corp. $42.50 per car 429 East Blackwell St. $4,500.00 Minimum Dover, NJ 07801 Clean Harbors $60.50 per car Environmental Services, Inc. $5,500.00 Minimum 42 Longwater Drive P.O. Box 9149 Norwell, MA 02061-9149 MXI Environmental Services, LLC $45.00 per car 26319 Old Trail Rd. $6,000.00 Minimum Abingdon, VA 24210 Clean Venture, Inc. $45.00 per car 201 South First St. $6,500.00 Minimum Elizabeth, New Jersey 07206 The Environmental $0.00 per car Service Group (NY), Inc. $7,000.00 Minimum 177 Wales Avenue Tonawanda, NY 14150 Environmental Products $65.00 per car & Services of Vermont, Inc. $7,000.00 Minimum 532 State Fair Blvd. Syracuse, NY 13204 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway 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, 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. 11 – Authorize Agreement - Area Agency on Aging Elizabeth Brewster House ---PAGE BREAK--- 125 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Minority Leader Amy Cobb, Legislative District 2 Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ON MOTION OF PRICE RESOLUTION NO. 150-14 Authorize Agreement - Area Agency on Aging Elizabeth Brewster House WHEREAS, the Cortland County Area Agency on Aging wishes to enter into a contract with Elizabeth Brewster House for the provision of Social Adult Day Care and Respite services in an amount not to exceed $2,500.00, AND WHEREAS, the funds for this project are part of the Title IIIE Family Caregivers Support Program, which was previously approved and appropriated by this Legislature, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney and subject to any appropriation of funding by the Legislature, be and hereby is authorized to execute said agreement. AGENDA ITEM NO. 12 – Authorize Agreement Employment and Training Grant Administration Department Cayuga-Cortland Workforce Investment Board (WIB) And The Chief Elected Officials of Cayuga and Cortland Counties ON MOTION OF PRICE RESOLUTION NO. 151-14 Authorize Agreement Employment and Training Grant Administration Department Cayuga- Cortland Workforce Investment Board (WIB) and the Chief Elected Officials of Cayuga and Cortland Counties WHEREAS, The Workforce Investment Act hereinafter referred to as the Act (20USC9201 et. Seq., Public Law 105-220,112 Stat.936), authorized the expenditure of federal funds to assist local governments in coordinating and implementing workforce development programs in locally determined Workforce Investment Areas (WIA’S), AND WHEREAS, The Counties constitute a jurisdiction eligible for designation as a WIA, AND WHEREAS, The Act requires the establishment of a Workforce Investment Board to assist in carrying out provisions of the Act, AND WHEREAS, The Act requires a partnership between the Workforce Investment Board and the RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 126 elected officials of the Counties, AND WHEREAS, the Act requires WIB and the elected officials of the Counties to define the scope of their partnership by means of an Agreement, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature upon your review and approval by the County Attorney, be and hereby is authorized to execute the agreement with the Workforce Investment Board, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to execute such agreements with agencies of the State of New York as are necessary to conduct programs authorized under the Workforce Investment Act for the period beginning July 1, 2014 and ending June 30, 2015. AGENDA ITEM NO. 13 – Authorize Agreement/Accept Funds Health Department/Administration (Healthy Places to Live, Work, and Play Grant) ON MOTION OF PRICE RESOLUTION NO. 152-14 Authorize Agreement/Accept Funds Health Department/Administration (Healthy Places to Live, Work, and Play Grant) WHEREAS, the Cortland County Health Dept. (CCHD) wishes to enter into an agreement with Seven Valleys Health Coalition, Inc. (SVHC) for our Public Health Educators to provide assistance to the SVHC in development and implementation of specific activities related to the NYSDOH grant awarded to SVHC titled “Healthy Places to Live, Work and Play”, AND WHEREAS, in consideration of CCHD providing assistance for the period April 1, 2014 through December 31, 2014, SVHC will pay a total amount up to $18,978 to compensate the CCHD for salary and fringe, to be added to the 2014 County Budget Revenue Account A401042.41689.4000, AND WHEREAS, in consideration of CCHD providing assistance for the period January 1, 2015 through March 31, 2015, SVHC will pay a total amount up to $6,422 to compensate the CCHD for salary and fringe, to be added to the 2014 County Budget Revenue Account A401042.41689.4000, 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 Seven Valley Health Coalition, Inc., 10 Kennedy Parkway, Cortland, NY 13045 to accept these funds. AGENDA ITEM NO. 14 – Authorize Agreement/Accept Funds Health Department Drinking Water Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 127 ON MOTION OF PRICE RESOLUTION NO. 153-14 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 4/1/14-3/31/15 to continue the Drinking Water Program, AND WHEREAS, these funds will be used to continue to provide drinking water supply protection services, AND WHEREAS, these funds are in the 2014 budget in accounts A40125.51005 $60,816 (Personnel), and A40125.58020-58065 $36,425 (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. 15 – Authorize Agreement/Accept Funds Health Department/Administration (Healthy Neighborhoods Program Grant) ON MOTION OF PRICE RESOLUTION NO. 154-14 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 4/1/14 - 3/31/15 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, $64,682 is already reflected in the following 2014 County Budget Expenditure Accounts, A40105.51005.51020 $44,222.00 (Personnel), and A40105.58020.58065 $20,460.00 (Fringe), AND WHEREAS, the 2014 County Budget needs to be amended as follows: Increase: RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 128 Revenue: A401043.43450.4016 Healthy Neighborhoods Grant $127,791 Expenditure: A40105.51005.51020 Personnel $17,341 A40105.58020.58065 Fringe $10,405 A40105.52060.4016 Computer Equipment $300 A40105.54000.4016 Telephone $2,520 A40105.54005 .4016 Office Supplies $4,458 A40105.54006.4016 Medical Supplies $1,400 A40105.54007.4016 Cust/Household Supplies $24,549 A40105.54020.4016 Postage $1,200 A40105.54045.4016 Travel $208 A40105.54047 .4016 Mileage $678 A40105.54078.4016 , NOW THEREFORE BE IT Fuel $50 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. 16 – Authorize Agreements Health Department/Children with Special Needs Program (Contracts for Services) ON MOTION OF PRICE RESOLUTION NO. 155-14 Authorize Agreements Health Department/Children with Special Needs Program (Contracts for Services) WHEREAS, the Cortland County Health Department’s Children with Special Needs Division, Pre-K Program is required to provide and/or pay for services as approved in an Individual Education Plan (IEP), requiring contracts with such providers, AND WHEREAS, such services include but are not limited to special instruction, speech pathology, physical therapy, occupational therapy, social work service, nutrition, audiology, transportation, aide and day care services, AND WHEREAS, the following agencies contract to provide educational evaluations and services at the State-approved rates (*subject to change by the State Education Department): - Building Blocks Comprehensive Services (SEIT - $36.00 /half hour) - Children’s Unit for Treatment-SUNY Binghamton ($192.36/day) - Enable (SEIT - $27.00/half hour) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 129 - Family Enrichment Network ($88.48/day; SEIT - $23.00/half hour) - Franziska Racker Centers ($183.74/day; SEIT - $28.00/half hour) - InterActive Therapy Consultants, Inc. (d/b/a InterActive Therapy Group)(SEIT- $31.00/half hour) - Jowonio School ($173.811 - $234.99/day) - Liberty Resources POST (SEIT - $41.00/half hour) - OCM BOCES, Children’s Village ($127.00/day) - State University of New York, SUNY Upstate Medical University at Syracuse University Hospital, Margaret L. Williams Development Center Eval- $242; Social History Eval-$144), AND WHEREAS, the following individuals and agencies contract to provide related services at negotiated rates ($28-$80 per half hour) ($9.50-$12.00/hr. 1:1 Aide Service): - Association for Vision Rehabilitation and Employment - Aurora of Central New York - Diane Briggs - Building Blocks - CAPCO - Cincinnatus School District - Cortland City School District - Cortland County Child Development Center - Cortland Regional Medical Center - Enable - Family Enrichment Network - Elaine Fisher - Franziska Racker Centers - Handicapped Children’s Association - Hear 2 Learn - InterActive Therapy Consultants, Inc - Karen LaVancha - Liberty Resources POST - Suzanne Luety - OCM BOCES-Children’s Village - Sally Griswold, PLLC - The Network for Children’s Speech, Occupational, and Physical Therapy - SUNY Cortland College Daycare Center, Inc. - Amy Chauvin White - Deborah Wines - YWCA And other contractors as necessary to meet the needs, AND WHEREAS, monies for above services are budgeted in expenditure account A29605.54445 Tuition, AND WHEREAS, these contracts shall be for the period July 1, 2014 through June 30, 2016, AND WHEREAS, these agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until September 30, 2016, NOW THEREFORE BE IT ---PAGE BREAK--- 130 RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, are authorized to execute agreements for the provision of said services with fully qualified providers, upon review and approval by the County Attorney. AGENDA ITEM NO. 17 – Authorize Agreement/Accept Funds Health Department Jacobus Center for Reproductive Health (Health Information Technology) ON MOTION OF PRICE RESOLUTION NO. 156-14 Authorize Agreement/Accept Funds Health Department Jacobus Center for Reproductive Health (Health Information Technology) WHEREAS, the Cortland County Health Department has been awarded $9,300 from the NYS Department of Health for the Adoption and Implementation of Health Information Technology in Family Planning Centers for the period 09/01/13 - 08/31/14, AND WHEREAS, this funding will be used to purchase computer hardware and software to support the Electronic Medical Record program we are receiving from Community Computer Service Inc., MEDENT®, AND WHEREAS, this funding was not budgeted for in the 2014 County Budget, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be amended as follows: Increase: Expenses: A40355.52060 Computer Equipment $9,300 Increase: Revenue: A403543.43489 Jacobus Revenue-State $9,300 , 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. 18 – Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 131 ON MOTION OF PRICE RESOLUTION NO. 157-14 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $29,297 for the period of 4/1/14-3/31/15 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 2014 budget in Revenue Account A401243.43450.4023 $29,297 (ATUPA Grant), and in Expenditure Accounts A40125.51005- 51010 $14,940 (Personnel), A40125.58020-58065 $8,781 (Fringe), A40125.54005-54300.4023 $2,550 (Contractual), and $3,026 (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 Judiciary & Public Safety Committee AGENDA ITEM NO. 19 – Amend 2014 Budget Department of Emergency Response and Communications ON MOTION OF BUSHNELL RESOLUTION NO. 158-14 Amend 2014 Budget Department of Emergency Response and Communications WHEREAS, Cortland County’s radio paging equipment at the Locust Avenue tower was damaged and removed without consent by Sprint Telecommunications and its subcontractors, AND WHEREAS, the County of Cortland sought and received reimbursement for the removed and damaged equipment, NOW THEREFORE BE IT RESOLVED, the Department of Emergency Response is directed to replace the equipment to RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 132 return the County’s radio paging system back to the desired coverage levels, AND BE IT FURTHER RESOLVED, the 2014 budget is amended as follows: Increase: Revenue: Equipment Reimbursement A302047.42389 $23,594.59 Expense: Technical Equipment A30205.52015 $23,594.59 Referred from Personnel Committee AGENDA ITEM NO. 20 – Create Secretary to the County Attorney (Full Time) County Attorney ON MOTION OF PRICE RESOLUTION NO. 159-14 Create Secretary to the County Attorney (Full Time) County Attorney WHEREAS, the needs of the agency will be better served by creation of one full time Secretary to the County Attorney, AND WHEREAS, the Personnel Committee recommends the creation of one full time Secretary to the County Attorney, NOW THEREFORE BE IT RESOLVED, that one full position of Secretary to the County Attorney (Grade 1, $16.1859- 19.6926/HR, exempt class, Management confidential) be created effective June 1, 2014, through December 31, 2014 with the intent that the Legislature will review the needs of the department during the 2015 Budget process, AND BE IT FURTHER RESOLVED, that the 2014 budget be amended as follows: Increase A14205 51010 Personal Services $1,415.71 Decrease A14205 54055 Personal Services $1,415.71 AGENDA ITEM NO. 21 – Standard Work Day Reporting Resolution RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 133 SEE NEXT PAGE FOR RESOLUTION RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 134 ---PAGE BREAK--- 135 Referred from Budget & Finance Committee AGENDA ITEM NO. 22 – Authorize Agreement/Amend Budget - Chamber of Commerce ON MOTION OF WHITNEY RESOLUTION NO. 161-14 Authorize Agreement/Amend Budget - Chamber of Commerce 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 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 from Account Number A10105.54055 for the calendar year of 2014 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, AND BE IT FURTHER RESOLVED, that the 2014 Budget be amended as follows: Increase: A351041 41113 Occupancy Tax Revenue $5,000.00 Increase: A10105 54055 Professional Services $5,000.00 AGENDA ITEM NO. 23 – Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Culverts in and for the County of Cortland, New York, at a Maximum Estimated Cost of $810,000, and Authorizing the Issuance of Up to $810,000 Bonds of Said County to Pay the Cost Thereof RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 136 ON MOTION OF WHITNEY RESOLUTION NO. 162-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Culverts in and for the County of Cortland, New York, at a Maximum Estimated Cost of $810,000, and Authorizing the Issuance of Up to $810,000 Bonds of Said County to Pay the Cost Thereof WHEREAS, the Legislature of the County of Cortland, New York (“County”) has identified the need for reconstruction and construction of improvements to various culverts located within the County (the “Project”); and WHEREAS, the Project shall involve no substantial changes to the existing structures and consists entirely of replacement, rehabilitation or reconstruction of existing structures, in kind, on the same site; and WHEREAS, the County is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”); and NOW, THEREFORE BE IT RESOLVED ON MAY 22, 2014 BY THE COUNTY LEGISLATORS OF CORTLAND COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Legislature), AS FOLLOWS: Section 1. The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a “Type II Action” under the 6 § 617.5(c)(1) and of the Regulations and is not subject to review under SEQRA. Section 2. For the class of object or purpose of undertaking reconstruction and construction of improvements to various culverts located within the County, including all related construction, renovations, site improvements, furnishings, fixtures and equipment required for such purposes, environmental studies, architectural, legal and engineering fees, and all other necessary costs incidental to such work, in and for the County, there are hereby authorized to be issued up to $810,000 bonds and notes, including renewal thereof, of the County pursuant to the provisions of the Local Finance Law. Undertaking the reconstruction and construction of improvements to various culverts located within the County is hereby approved. Section 3. It is hereby determined that the maximum estimated cost of the class of objects or purposes of the Project is $810,000 and that the plan for the financing thereof is by the issuance of up to $810,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. The faith and credit of the County are hereby irrevocable pledged for the 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 137 payment of the principal of and interest on such 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 obligations becoming due and payable in such years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. All the taxable real property within the County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially 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 consistent with the provisions of the Local Finance Law. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such 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 8. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 9. The following additional matters are hereby determined and declared: Pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the Project is 40 years; and Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and The County reasonably expects to reimburse itself for expenditures made out of the County’s General Fund for the Project from the proceeds of the bonds or notes herein authorized. ---PAGE BREAK--- 138 This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1.150-2. The bonds authorized herein are not being issued for an assessable improvement. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or 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 11. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the Cortland Standard the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. AGENDA ITEM NO. 24 – Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Bridges in and for the County of Cortland, New York, at a Maximum Estimated Cost of $458,000, and Authorizing the Issuance of Up to $458,000 Bonds of Said County to Pay the Cost Thereof ON MOTION OF WHITNEY RESOLUTION NO. 163-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Bridges in and for the County of Cortland, New York, at a Maximum Estimated Cost of $458,000, and Authorizing the Issuance of Up to $458,000 Bonds of Said County to Pay the Cost Thereof WHEREAS, the Legislature of the County of Cortland, New York (“County”) has identified the need for reconstruction and construction of improvements to various bridges located within the County (the “Project”); and WHEREAS, the Project shall involve no substantial changes to the existing structures and consists entirely of replacement, rehabilitation or reconstruction of existing structures, in kind, on the same site; and WHEREAS, the County is a local agency pursuant to the New York State Environmental Quality RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 139 Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”); and NOW, THEREFORE BE IT RESOLVED ON MAY 22, 2014 BY THE COUNTY LEGISLATORS OF CORTLAND COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Legislature), AS FOLLOWS: Section 1. The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a “Type II Action” under the 6 § 617.5(c)(1) and of the Regulations and is not subject to review under SEQRA. Section 2. For the class of object or purpose of undertaking reconstruction and construction of improvements to various bridges located within the County, including all widening and restoration projects, bridge deck improvements, as well as pavement, sidewalks, curbs, gutters, drainage, landscaping, grading and related construction, renovations, site improvements, furnishings, fixtures and equipment required for such purposes, environmental studies, architectural, legal and engineering fees, and all other necessary costs incidental to such work, in and for the County, there are hereby authorized to be issued up to $458,000 bonds and notes, including renewal thereof, of the County pursuant to the provisions of the Local Finance Law. Undertaking the reconstruction and construction of improvements to various bridges located within the County is hereby approved. Section 3. It is hereby determined that the maximum estimated cost of the class of objects or purposes of the Project is $458,000 and that the plan for the financing thereof is by the issuance of up to $458,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. The faith and credit of the County are hereby irrevocable pledged for the payment of the principal of and interest on such 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 obligations becoming due and payable in such years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. All the taxable real property within the County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially 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 consistent with the provisions of the Local Finance Law. ---PAGE BREAK--- 140 Section 7. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such 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 8. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 9. The following additional matters are hereby determined and declared: Pursuant to subdivision 10 paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the Project is 20 years; and Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and The County reasonably expects to reimburse itself for expenditures made out of the County’s General Fund for the Project from the proceeds of the bonds or notes herein authorized. This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1.150-2. The bonds authorized herein are not being issued for an assessable improvement. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which the County is not authorized to expend money, orThe 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 b) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the Cortland Standard the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. AGENDA ITEM NO. 25 – Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Highways in and for the County of Cortland, New York, at a Maximum Estimated Cost of $1,826,438, and Authorizing the ---PAGE BREAK--- 141 Issuance of Up to $197,000 Bonds of Said County to Pay the Cost Thereof ON MOTION OF WHITNEY RESOLUTION NO. 164-14 Bond Resolution of the County of Cortland, New York, Adopted on May 22, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Highways in and for the County of Cortland, New York, at a Maximum Estimated Cost of $1,826,438, and Authorizing the Issuance of Up to $197,000 Bonds of Said County to Pay the Cost Thereof WHEREAS, the Legislature of the County of Cortland, New York (“County”) has identified the need for reconstruction and construction of improvements to various highways located within the County (the “Project”); and WHEREAS, the Project shall involve no substantial changes to the existing structures and consists entirely of replacement, rehabilitation or reconstruction of existing structures, in kind, on the same site; and WHEREAS, the County is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”); and NOW, THEREFORE BE IT RESOLVED ON MAY 22, 2014 BY THE COUNTY LEGISLATORS OF CORTLAND COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Legislature), AS FOLLOWS: Section 1. The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a “Type II Action” under the 6 § 617.5(c)(1) and of the Regulations and is not subject to review under SEQRA. Section 2. For the class of object or purpose of undertaking reconstruction and construction of improvements to various highways located within the County, including all widening and resurfacing projects, intersection improvements, as well as sidewalks, curbs, gutters, drainage, landscaping, grading and related construction, renovations, site improvements, furnishings, fixtures and equipment required for such purposes, environmental studies, architectural, legal and engineering fees, and all other necessary costs incidental to such work, in and for the County, there are hereby authorized to be issued up to $197,000 bonds and notes, including renewal thereof, of the County pursuant to the provisions of the Local Finance Law. Undertaking the reconstruction and construction of improvements to various highways located within the County is hereby approved. Section 3. It is hereby determined that the maximum estimated cost of the class of objects or purposes of the Project is $1,826,438 and that the plan for the financing thereof is by the application of $1,629,438 of State grants-in-aid and the issuance of up to $197,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 142 same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. The faith and credit of the County are hereby irrevocable pledged for the payment of the principal of and interest on such 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 obligations becoming due and payable in such years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. All the taxable real property within the County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially 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 consistent with the provisions of the Local Finance Law. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such 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 8. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 9. The following additional matters are hereby determined and declared: Pursuant to subdivision 20(c) paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the Project 15 years; and Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and The County reasonably expects to reimburse itself for expenditures made out of the County’s General ---PAGE BREAK--- 143 Fund for the Project from the proceeds of the bonds or notes herein authorized. This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1.150-2. The bonds authorized herein are not being issued for an assessable improvement. Section 10. The validity of such bonds and bond anticipation notes may be contested only if a) Such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or 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 11. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the Cortland Standard the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. AGENDA ITEM NO. 26 – Authorizing the Issuance of Up to $868,000 Bonds - Landfill Capping Project ON MOTION OF WHITNEY RESOLUTION NO. 165-14 Authorizing the Issuance of Up to $868,000 Bonds - Landfill Capping Project WHEREAS, the Legislature of the County of Cortland, New York (“County”) intends to cap and close a waste holding cell at the County’s existing landfill located on Town Line Road in McGraw, New York; and WHEREAS, the County is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”); and WHEREAS, in September of 2004 the County made application to modify its NYSDEC permit to increase the annual refuse tonnage at the landfill, and 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 144 WHEREAS, in connection with such permit modification, the County, as lead agent, prepared a Short Environmental Assessment Form and related engineering study, which analyzed and reviewed not only the proposed increase in annual tonnage but also the eventual capping and closure of cells within the landfill, and WHEREAS, by adoption of Resolution 304-04, the County Legislature determined that the landfill permit application, including the increase in annual tonnage and eventual capping and closure of cells within the landfill, will not result in a significant impact on the environment and further authorized the execution of a negative declaration by the Chairman of the County Legislature, and NOW, THEREFORE BE IT RESOLVED ON MAY 22, 2014 BY THE COUNTY LEGISLATORS OF CORTLAND COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Legislature), AS FOLLOWS: Section 1. For the class of object or purpose of undertaking the capping and closure of a waste holding cell at the county’s landfill located on Town Line Road in McGraw, New York, including all related construction, renovations, site improvements, furnishings, fixtures and equipment required for such purposes, environmental studies, architectural, legal and engineering fees, and all other necessary costs incidental to such work (collectively, the “Project”), in and for the County, there are hereby authorized to be issued up to $868,000 bonds and notes, including renewal thereof, of the County pursuant to the provisions of the Local Finance Law. Undertaking the capping and closure of a waste holding cell at the county’s landfill is hereby approved. It is hereby determined that the requirements of SEQRA have been met and that the Project will have no significant impact upon the environment. Section 2. It is hereby determined that the maximum estimated cost of the class of objects or purposes of the Project is $1,413,000 and that the plan for the financing thereof is by the application of $545,000 from the County’s Landfill Capping Reserve Fund and the issuance of up to $868,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 3. The faith and credit of the County are hereby irrevocable pledged for the payment of the principal of and interest on such 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 obligations becoming due and payable in such years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. All the taxable real property within the County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 5. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, ---PAGE BREAK--- 145 and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially 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 consistent with the provisions of the Local Finance Law. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such 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 7. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 8. The following additional matters are hereby determined and declared: Pursuant to subdivision 6(a) paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the Project is 20 years; and Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and The County reasonably expects to reimburse itself for expenditures made out of the County’s General Fund for the Project from the proceeds of the bonds or notes herein authorized. This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1.150-2. The bonds authorized herein are not being issued for an assessable improvement. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or 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 10. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in summary form ---PAGE BREAK--- 146 in the Cortland Standard the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. Executive Session Mr. Troy made a motion to go into Executive Session to discuss the employment history of a particular person. Second by Ms. Cobb. All members voting in favor; none opposed. The motion was approved. Announcements Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Thursday, June 12, 2014 6:00 PM Board Room Public Hearings Public Hearings - Local Laws 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 of 2014 Mr. Boylan opened the public hearing for Proposed Local Law 3 of 2014 - A Local Law Restating Local Law No. 3 of 2008 Providing for Enhanced Personal Privacy Protection for Documents Recorded in the Office of the County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk for the Recording, Entering, Indexing and Endorsing a Certificate on any Instrument. As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 4 of 2014 - A Local Law Restating Local Law No. 1 of 2009 Providing for the Amendment of Local Law No. 1 of 2002 Entitled “A Local Law Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County Pursuant to Article 29, Section 1202-9 of the Tax Law of the State of New York”. As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 5 of 2014 - A Local Law Restating Local Law No. 3 of 2010 Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b. As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 12 of 2014 - A Local Law Restating Local Law No. 4 of 2011 Adopting the County of Cortland Employment Policy Manual for Department Heads, Management Employees, Management/Confidential Employees. As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 6 of 2014 - A Local Law Restating Local Law No. 6 of 2011 Providing That a Road Preservation Permit Shall Be Required for Use Of County Roads By Vehicles Which Exceed the Weight or Dimensional Limits in NYS Vehicle and Traffic Law sections 385 and 1650(4). As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 7 of 2014 - A Local Law Restating Local Law No. 3 of 2012 Prohibiting Within Cortland County the Use, Possession, Purchase, Attempted Purchase, Selling, Public Display for Sale, Attempted Sale, or Giving of Alternative and/or Marijuana. As there was no person wishing to speak, the public hearing was closed. ---PAGE BREAK--- 147 Mr. Boylan opened the public hearing for Proposed Local Law 8 of 2014 - A Local Law Restating Local Law No. 4 of 2012 Establishing a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill. As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 13 of 2014 - A Local Law Restating Local Law No. 8 of 2012 - Establishing Procedures for Leasing County Property at the Cortland County Airport. As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 9 of 2014 - A Local Law Restating Local Law No. 1 of 2013 Establishing the Position of Director of Emergency Response and Communications. As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 11 of 2014 - A Local Law Restating Local Law No. 7 of 2013 - Establishing Certain Fees for Probation Services. As there was no person wishing to speak, the public hearing was closed. Mr. Boylan opened the public hearing for Proposed Local Law 10 of 2014 - A Local Law Restating Local Law No. 8 of 2013 - Amending Local Law No. 3 of 2011, Imposing a Mortgage Recording Tax in Cortland County. As there was no person wishing to speak, the public hearing was closed. Salute to the Flag Roll Call PRESENT: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Cobb, Hartnett (Excused), Snyder (Excused) Approval of Minutes Privilege of the floor Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Receive and File Receive & File - 2014 State of the County Address Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 148 Resolutions AGENDA ITEM NO. 1 – Adopt Proposed Local Law 3 of 2014 A Local Law Restating Local Law No. 3 of 2008 Providing For Enhanced Personal Privacy Protection for Documents Recorded in the Office of the County Clerk, And Authorizing an Increase in Fees Collected by the County Clerk for the Recording, Entering, Indexing and Endorsing a Certificate on Any Instrument ON MOTION OF BRIGGS RESOLUTION NO. 166-14 Adopt Proposed Local Law 3 of 2014 A Local Law Restating Local Law No. 3 of 2008 Providing For Enhanced Personal Privacy Protection for Documents Recorded in the Office of the County Clerk, And Authorizing an Increase in Fees Collected by the County Clerk for the Recording, Entering, Indexing and Endorsing a Certificate on Any Instrument WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland as follows: Section 1. Title. This law shall be known as the “Enhanced Personal Privacy Protection for Recorded Documents Law.” Section 2. Declaration of intent. In accordance with subparagraph of paragraph 4 of subdivision of section 8021 of the Civil Practice Law and Rules, as amended by Chapter 78 of the Laws of 1989, the Cortland County Legislature hereby authorizes and directs the Cortland County Clerk to increase the fees charged for certain documents recorded with the county clerk’s office in accordance with Section 3 herein. Section 3. Fees for recording documents. RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 149 The fee for recording, entering, indexing and endorsing a certificate on any instrument, be and here is increased from five dollars ($5.00) to twenty dollars ($20.00) and, in addition thereto, the fee for each page or portion of a page be and hereby is increased from three dollars ($3.00) to five ($5.00) dollars. For the purpose of determining the appropriate recording fee, the fee for any cover page shall be deemed an additional page of the instrument. A cover page shall not include any social security account number or date of birth. To the extent that the Cortland County Clerk has placed an image of such cover page on line, the county clerk shall make a good faith effort to redact such information. Section 4. Severability. If any section, subsection, sentence, clause, phrase or other portion of this local law is for any reason declared unconstitutional, or invalid or in whole or in part by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidation shall not affect the validity of the remaining portions of this law which remaining portions shall remain in full force and effect. Section 5. Effective date. This local law shall take effect upon the filing thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. AGENDA ITEM NO. 2 – Adopt a Local Law No. 4 of 2014 Restating Local Law No. 1 of 2009 Providing for the Amendment of Local Law No. 1 of 2002 Entitled “A Local Law Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County Pursuant to Article 29, Section 1202- 9 of the Tax Law of the State of New York” ON MOTION OF BRIGGS RESOLUTION NO. 167-14 Adopt a Local Law No. 4 of 2014 Restating Local Law No. 1 of 2009 Providing for the Amendment of Local Law No. 1 of 2002 Entitled “A Local Law Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County Pursuant to Article 29, Section 1202-9 of the Tax Law of the State of New York” WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law 4 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 150 RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland as follows: Section 1. Short Title and Statement of Intent. This Local Law shall be known as a Local Law Amending the Cortland County Room Occupancy Tax. The intent of this Local Law shall be to amend Section 19(c) of said Local Law to provide for a penalty for failure to file a certificate of registration pursuant to the Local Law. Section 2. Local Law 1 of 2002 is hereby amended by adding to Section 19(c) thereof the number $250.00 after the words penalty in the second sentence, and substituting therefore the following: Any operator or officer of a corporate operator who fails to file a certificate of registration as provided under this Local Law shall be subject to a penalty of $250.00 for each month of delinquency in filing such certificate. Officers of a corporate operator shall be personally liable for the tax collected or required to be collected by such corporation under this Local Law, and subject to the penalties herein above imposed. Section 3. In all other respects, all other Sections of Local Law No. 1 of 2002 are ratified and confirmed. Section 4. This Local Law shall take effect upon the filing thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. AGENDA ITEM NO. 3 – Adopt Proposed Local Law No. 5 of 2014 A Local Law Restating Local Law No. 3 of 2010 Providing for A Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-B ON MOTION OF BRIGGS RESOLUTION NO. 168-14 Adopt Proposed Local Law No. 5 of 2014 A Local Law Restating Local Law No. 3 of 2010 Providing for A Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-B RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 151 WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law 5 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland, as follows: Section 1. Title This local law shall be known as the “Cold War Veterans Property Tax Exemption Law”. Section 2. Findings The New York State Legislature has amended Section 458-b of the New York State Real Property Tax Law (RPTL) to provide the County of Cortland and other jurisdictions with the option of enacting a local law extending to Cold War Veterans a real property tax exemption similar to tax exemptions granted other war veterans. It is the intent of the Cortland County Legislature to extend such tax exemptions to Cold War Veterans by this local law. Section 3. Definitions “Cold War Veteran” means a person, male or female who served on active duty in the United States armed forces, during the time period from September 2, 1945 to December 26, 1991, and was discharged or released therefrom under honorable conditions. “Armed Forces” means the United States army, navy, marine corp, air force, and coast guard. “Active Duty” means full-time duty in the United States armed forces, other than active duty for training. “Service Connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service. “Qualified Owner” means a Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled. “Qualified Residential Real Property” means property owned by a qualified owner which is used ---PAGE BREAK--- 152 exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section. Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran, unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization. “Latest State Equalization Rate” means the latest final state equalization or special equalization rate established by the state board pursuant to Article 12 of the Real Property Tax Law. The state board shall establish a special equalization rate if it finds that there has been a material change in the level of assessment since the establishment of the latest state equalization rate, but in no event shall such special equalization rate exceed one hundred. In the event that the state equalization rate exceeds one hundred, then the state equalization rate shall be one hundred for the purposes of this section. Where a special equalization rate is established for purposes of this section, the assessor is directed and authorized to recompute the Cold War veterans exemption on the assessment roll by applying such special equalization rate instead of the latest state equalization rate applied in the previous year and to make the appropriate corrections on the assessment roll, notwithstanding the fact that such assessor may receive the special equalization rate after the completion, verification and filing of such final assessment roll. In the event that the assessor does not have custody of the roll when such recomputation is accomplished, the assessor shall certify such recomputation to the local officers having custody and control of such roll, and such local officers are hereby directed and authorized to enter the recomputed Cold War veterans exemption certified by the assessor on such roll. “Latest Class Ratio” means the latest final class ratio established by the state board pursuant to title one of Article 12 of the Real Property Tax Law for use in a special assessing unit as defined in Real Property Tax Law §1801. Section 4. Grant of Exemption As authorized by Real Property Tax Law §458-b, the County of Cortland is hereby providing that qualifying residential real property of Cold War veterans, as previously defined, shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed six thousand dollars ($6,000) or the product of $6,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ration, whichever is less. In addition to the exemption provided in paragraph a of Section 4 of this local law, where the Cold War veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent (50%) of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed twenty thousand dollars ($20,000), or the product of $20,000 multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. Section 5. Limitations The exemption from taxation provided by this local law shall not be applicable to taxes levied for school purposes. If a Cold War veteran receives the exemption under Real Property Tax Law §458, or ---PAGE BREAK--- 153 §458-a, the Cold War veteran shall not be eligible to receive the exemption provided by this local law. The exemption provided by Section 4 of this local law shall be granted for a period of ten (10) years. The commencement of such ten year period shall be governed pursuant to this subparagraph. Where a qualified owner owns qualifying residential real property on the effective date of the local law providing for such exemption, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of the local law providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of the local law providing for such exemption, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 60 days after the purchase of residential real property, such 10 year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such 10 year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the 10 year period. Application for exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by the state board, subject to the conditions set forth in Real Property Tax Law §458-b. The owner or owners shall file the completed form in the assessor’s office on or before the first appropriate taxable status date. This law may be repealed by the County of Cortland. Such repeal shall occur at least ninety (90) days prior to the taxable status date of the County of Cortland. Section 6. Severabilty If any clause, sentence, paragraph, subdivision, section or part of this local law be adjudged by any court or 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 of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered. Section 7. Effective Date This local law shall take effect upon the filing thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. AGENDA ITEM NO. 4 – Adopt Proposed Local Law No. 12 of 2014 A Local Law Restating Local Law No. 4 of 2011 Adopting the County of Cortland Employment Policy Manual for Department Heads, Management Employees, Management/Confidential Employees RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 154 ON MOTION OF BRIGGS RESOLUTION NO. 169-14 Adopt Proposed Local Law No. 12 of 2014 A Local Law Restating Local Law No. 4 of 2011 Adopting the County of Cortland Employment Policy Manual for Department Heads, Management Employees, Management/Confidential Employees WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law 1 2 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, AND BE IT FURTHER RESOLVED, that, as this local law is subject to permissive referendum, the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law is adopted; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland as follows: SECTION I. LEGISLATIVE INTENT The County Legislature hereby states the intent of this local law is to provide clarification and compliance with New York State County Law §201, Compensation of Officers, and to adopt the Employment Policy Manual for Department Heads, Management, and Management/Confidential Employees pursuant to Local Law. It is the Legislature’s intention to preserve the integrity of the Management Compensation Plan, the goal of which is to treat all employees equally by maintaining grade level salary increments attached to years of service to the county. SECTION II. The Employment Policy Manual for Department Heads, Management and Management / Confidential Employees includes a Grade and Step Schedule, with salary increments tied to grade levels and years of service. This was originally adopted by Resolution No. 424-05 (and subsequent amendments by resolution to the date of this local law). The Grade and Step Schedule was most recently amended by Resolution No. 332-13, effective January 1, 2014. This Local Law hereby adopts the current Employment Policy Manual for Management / Management Confidential Employees, with Grade and Step Schedule, subject to the following provisions: Any future modification of the Grade and Step Schedule may be accomplished by resolution of the Cortland County Legislature, except as it relates to county officers elected or appointed for a fixed term. Officers Elected or Appointed for a Fixed Term ---PAGE BREAK--- 155 No new or amended Grade and Step Schedule shall function to increase the salary of any officer elected or appointed for a fixed term during the term of office, except by Local Law, subject to permissive referendum (Municipal Home Rule Law Those officers considered elected or appointed for a fixed term include the following: Public Defender County Attorney Commissioner of Social Services Public Health Director Superintendent of Highways Sheriff Personnel Officer County Auditor County Treasurer County Clerk Director of Real Property Tax Services Clerk of the Legislature Coroner(s) Director of Veteran’s Services Officers Appointed for an Indefinite Term The salary of a county officer appointed for an indefinite term may be increased at any time in accordance with the Management Compensation Plan, subject to the approval of the Cortland County Legislature. SECTION III . EFFECTIVE DATE This local law is subject to permissive referendum and shall not take effect until at least forty five (45) days after its adoption as provided by Section 24 of the Municipal Home Rule Law. AGENDA ITEM NO. 5 – Adopt Proposed Local Law No. 6 of 2014 A Local Law Restating Local Law No. 6 of 2011 Providing That a Road Preservation Permit Shall be Required for Use Of County Roads by Vehicles Which Exceed the Weight or Dimensional Limits in NYS Vehicle and Traffic Law Sections 385 and 1650(4) ON MOTION OF BRIGGS RESOLUTION NO. 170-14 Adopt Proposed Local Law No. 6 of 2014 A Local Law Restating Local Law No. 6 of 2011 Providing That a Road Preservation Permit Shall be Required for Use Of County Roads by Vehicles Which Exceed the Weight or Dimensional Limits in NYS Vehicle and Traffic Law Sections 385 and 1650(4) WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law No. 6 for the year 2014 is RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 156 hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland as follows: Section 1. Legislative Intent The Cortland County Legislature hereby finds that the County could be facing a variety of impending major development projects that may result in extraordinary high-intensity traffic to and from development sites causing significant and measurable damage to Cortland County roads which may impair the health and safety of its residents and others who use the roads. The damage that results from high-intensity traffic must be anticipated, reviewed, analyzed and repaired and to proper and appropriate engineering standards. The Legislature has further determined that it is in the best interest of the general public and taxpayers to assign responsibility for the repair of damage to County roads to an appropriate standard prior to the commencement of the activity, for those responsible for the damage rather than to all County taxpayers. The purpose of this law is to maintain the safety and general welfare of County residents by regulating heavy use of County roads that could adversely affect our roads. The maintenance of its roads are important to the safety and economic well-being of the County and its residents. Section 2. Authority The County is authorized to adopt this Local Law pursuant to Section 385 and 1650 of the Vehicle and Traffic Law of the State of New York to require truck users to enter into a road preservation, use and repair agreement to operate or move a vehicle or a combination of vehicles which the Superintendent of Highways determines exceed high-frequency, high-impact truck traffic. High-Frequency, High-Impact traffic shall mean traffic to and from a single project site that generates more than ten (10) truck trips per day for more than four consecutive days involving trucks that exceed 20 tons (truck and load combined) that could impact the roads of Cortland County. Section 3. Form The Road Preservation Use and Repair Agreement shall be in accordance with Exhibit attached hereto. The Superintendent of Highways for Cortland County shall have the sole discretion in determining whether a Road Preservation; Use and Repair Agreement is required. Section 4. Enforcement The County Highway Superintendent, in consultation with the County Attorney, shall enforce the provisions of this Local Law and all rules and regulations and designations made pursuant thereto. Such enforcement shall include, but not be limited to, legal and equitable proceedings without limitation and action for specific performance brought in the name of the County. Section 5. Penalties for Offenses A. Any person who violates this article shall be guilty of a violation and subject to a fine of not more ---PAGE BREAK--- 157 than $1000.00 and/or imprisonment for not more than fifteen (15) days. Each and every act committed that is prohibited by this law shall constitute a separate violation. Each time a vehicle travels on a County Road without a permit as required by this law shall constitute a separate violation. Violations may be prosecuted by the County District Attorney or any other person with authority to prosecute violations within the County. B. Upon failure of any permittee to comply with the requirements of this article, the permit shall be subject to suspension, revocation or to the imposition of conditions. Section 6. Invalid Segment Should any section or provision of this Local Law be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Local Law as a whole or any part thereof other than the part declared to be invalid. Section 7. Effective Date This local law shall take effect upon the filing thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. AGENDA ITEM NO. 6 – Adopt Proposed Local Law No. 7 of 2014 A Local Law Restating Local Law No. 3 of 2012 Prohibiting Within Cortland County the Use, Possession, Purchase, Attempted Purchase, Selling, Public Display for Sale, Attempted Sale, or Giving of Alternative And/Or Marijuana ON MOTION OF BRIGGS RESOLUTION NO. 171-14 Adopt Proposed Local Law No. 7 of 2014 A Local Law Restating Local Law No. 3 of 2012 Prohibiting Within Cortland County the Use, Possession, Purchase, Attempted Purchase, Selling, Public Display for Sale, Attempted Sale, or Giving of Alternative And/Or Marijuana WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law No. 7 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 158 NOW, THEREFORE Be it enacted by the County Legislature of the County of Cortland as follows: Section 1. LEGISLATIVE INTENT This Legislature hereby finds and determines that the County has a duty to preserve peace and order and secure freedom from dangerous or noxious activities, and to that end, the Legislature of Cortland County, has determined that certain enterprises and individuals within Cortland County, New York, are contemplating or engaged in the sale of certain substances, which, when ingested, produce intoxicating effects similar to THC or marijuana; and Whereas the substances are not yet categorized controlled substances, or the categorization by the State or federal law have not yet been updated; and Whereas the substances, which are more specifically described below, are often used as an alternative to marijuana and are potentially dangerous to users, and further, the long term effects are not yet known; and Whereas it has been determined that the effects of these substances are a health and safety concern to the citizens of Cortland County, New York, it is hereby declared that an urgent public health concern exists for the passage of this law, being necessary for the preservation of the health, safety and welfare of citizens of Cortland County, New York. Section 2. It is hereby declared to be unlawful for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals and/or substances within the boundaries of Cortland County, New York: • Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salviadivinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivitive, mixture or preparation of such plant, its seeds or extracts; • cannabiniod” means any chemical compound that is chemically and/or has been demonstrated to have a binding activity at one or more cannibinoid receptors, and/or means any chemical that is substantially similar in chemical structure to a chemical compoud that has been determined to have binding activity or is a cannibinoid analog. • Unless specifically exempted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of cannabimimetic agents, or which contains their sales, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical design. • Cannabimimetic agents means any substance that is a cannibinoid receptor type 1 (CB1receptor) against as demonstrated by binding studies and functional assays. Cannabimimetic agents are commonly referred to as cannibinoids and include but are not limited to the following substances: • 2-[(1R, also known as ---PAGE BREAK--- 159 • (dexanabinol,(6aS,10aS)(6aR, 10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol); some trade or other names: HU-210; also known as • 1-Pentyl-3-(1-naphthoyl)indole - some trade or other names: JWH-018/ Spice; also known as • - some trade or other names: JWH-073; also known as • piperazine - some trade or other names: also known as • JWH-007, JWH-015, JWH-018, JWH-019, JWH-030, JWH-051, JWH-073, JWH-122, JWH- 133, JWH-147, JWH-164, JWH-167, JWH- 175, JWH-176, JWH-184, JWH-185, JWH- 192, JWH-193, JWH-195, JWH-197, JWH-198, JWH-199, JWH-200, JWH-203, JWH-205, JWH-210, JWH-249, JWH- 250, JWH-251, JWH-302, JWH-307, JWH-398, AM-1248, AM- 2201, AM-087, AM-356, AM-630, AM- 678, AM-679, AM-694, AM-855, AM-905, AM-906, AM-919, AM-938, AM-1220, AM-1221, AM-1235, AM-2232, AM-2233, AM-2389, AM-4030, RCS-4, RCS-8, CP-47, CP-497, CP 55,940, WIN 55 212, WIN 48, 098, C8-homolog, SR-19, RCS-4, HU-211, HU-308, HU-331, CB-25, CB-52; • Common street names not to be strictly limited to these names: “Spice, Spice Gold, Spice Silver, Stinger, K2, Chronic Spice, Black Mamba, Mystery, Red X Dawn, Yucatan Fire, Skunk, Pulse, Zohai, Mr. Nice Guy, Spicylicious, K3, K3 Legal, Earthquake, Genie, Diviner’s Sage, Sage of the Seers, The Key, Purple Salvia, Purple Haze, Sally D, herbal incense, Space, Pep-Spice, Buzz, Ocean Blue, Super Kiush, Green Kobra, Demon, Dojah, Cloud 9, Thunder, Fake Weed, Happy Shaman, Sweet Lucy, Willow Pillow, Bad Santa.” This list is not a complete list and any other substances containing a cannibinoid should not be excluded. • Any similar structural analogs, derivatives, salts or isomers, chemical compound that is a cannibinoid receptor agonist and mimics the pharmacological effect or naturally occurring cannibinoids not listed in Schedules I through V or is not an FDA approved drug. Section 3. This law shall be enforced by any certified law enforcement officer within his/her respective jurisdiction within the geographical boundaries of Cortland County. Further, this law shall apply and be enforced in all unincorporated areas, as it shall apply and be enforced in the incorporated areas or other municipal entities within the geographical boundaries of Cortland County. If any of the aforementioned substances are found in the possession of any person, it may be confiscated and destroyed by law enforcement officials. Section 4. It is not an offense under Section 2 above of this law if the person was acting at the direction of an authorized law enforcement agent to enforce or ensure compliance with this law prohibiting the sale of the aforementioned substance. Section 5. Any person found to be in violation of this law will be guilty of a Class A Misdemeanor and subject to a term of imprisonment not to exceed one year and a fine not to exceed $1,000.00. Section 6. ---PAGE BREAK--- 160 This article shall apply to all actions occurring on or after the effective date of this article. This law may be enforced by any law enforcement agency having jurisdiction to act in the County of Cortland, by either the arrest of or the issuance of a summons to a party violating the provisions of this act and requiring their appearance before a court of competent jurisdiction. Section 7. This law shall be null and void on the day that statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Cortland. The county legislature may determine by resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section. Section 8. Severability- If any provision of this law is held invalid, such invalidity shall not affect the remaining provisions of the law which shall remain effective absent the invalid provision, and to this end, the provisions of the law are declared to be severable. Section 9. This local law shall take effect upon the filing thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. AGENDA ITEM NO. 7 – Adopt Proposed Local Law No. 8 of 2014 A Local Law Restating Local Law No. 4 of 2012 Establishing a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill ON MOTION OF BRIGGS RESOLUTION NO. 172-14 Adopt Proposed Local Law No. 8 of 2014 A Local Law Restating Local Law No. 4 of 2012 Establishing a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law No. 8 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 161 provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE Be it enacted by the County Legislature of the County of Cortland as follows: SECTION I. LEGISLATIVE INTENT The County Legislature hereby finds that a safe, sanitary, efficient, economical and environmentally sound manner of conducting solid waste management is declared to be of importance to the health, safety, and welfare of the inhabitants of the County of Cortland. Control of the collection, transportation, and disposal of solid waste and recyclables in the county is essential to the economy and general welfare of the citizens of Cortland County. This local law is intended to supersede all prior local laws and enactments relative to solid waste and recyclable programs in Cortland County; including, but not limited to, Local Laws Number 3 of 1981, Number 5 of 1992 and Number 3 of 2002. SECTION II. DEFINITIONS a. The term “Beneficial Use Determination” shall mean a designation made by the NYS Department of Environmental Conservation as to whether the 6 Part 360 Solid Waste Management Facilities regulations have jurisdiction over waste material which is to be beneficially used. Once the Department of Environmental Conservation grants a Beneficial Use Determination (or “BUD”), the waste material ceases to be considered solid waste for the purposes of Part 360 when used as described. There are 16 pre- determined BUDs listed in 6 Part 360-1.15(b). In situations where a particular reuse is not specifically identified in Part 360-1.15(b), generators and potential users can petition the Department of Environmental Conservation for a case-specific BUD in accordance with the 6 Part 360-1.15(d). b. The term “Board of Hearing” shall mean the board described in Section V(1) of this local law. c. The term “Cortland County Legislature” shall mean the duly elected County Legislature of Cortland County. d. The term “Commercial Waste” shall mean solid waste generated by stores, offices, institutions, restaurants, warehouses, non-manufacturing activities in industrial facilities and agricultural enterprises. e. The term “Commercial Waste Permit” shall mean the permit issued pursuant to Section IV of this local law. f. The term “Construction and Demolition Debris” shall mean solid waste resulting from construction, remodeling, repair and demolition of structures, roads, buildings, and land clearing. Such wastes include, but are not limited to, bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving ---PAGE BREAK--- 162 material and tree and bush stumps. g. The term “Contractor” shall mean any individual, association, partnership, firm, corporation, not-for-profit organization, municipality, educational institution or any other person so deemed by the department, engaged in the commercial collection, pickup, transfer, removal and/or disposal of Commercial Waste, Construction and Demolition Debris and/or Industrial Waste excluding Refuse. h. The term “County” shall mean Cortland County, a municipal corporation of the State of New York, with offices at 60 Central Avenue, Cortland, New York 13045. i. The term “County Landfill” shall mean the landfill owned and operated by the County of Cortland and located on Town Line Road in the Towns of Cortlandville and Solon, New York, or any other landfill owned and/or operated, or caused to be operated by, the County of Cortland. j. The term “Department” shall mean Cortland County Solid Waste/Recycling as a part of the Cortland County Highway Department, or its successor. k. The term “Electronic Equipment Recycling” shall have the meaning specified in the NYS Environmental Conservation Law, Article 27, Title 26, also known as the “NYS Electronic Equipment Recycling and Reuse Act”. l. The term “Facility” shall mean any Solid Waste management facility owned or operated, or caused to be operated by the County, or any such other facility or facilities in or out of County that accepts or disposes of Solid Waste and/or Recyclables generated, originated or brought into the County, including, but not limited to landfills, transfer stations, materials, recovery facilities, drop-off centers, and resource recovery facilities. m. The term “Hazardous Waste” shall mean those materials, substances, or wastes including, but not limited to, pesticides and containers used for pesticides, other waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the New York State Commissioner of the Department of Environmental Conservation, (6 Parts 370, 373, 376), and any other material determined, now or in the future, to be hazardous by state or federal rule, regulation and/or statute. n. The term “Farm” shall have the meaning specified in 6 §360-1.2, as the same may be amended, suspended or replaced. o. The term “Industrial Waste” shall mean Solid Waste generated by manufacturing or industrial processes. Such waste may include, but is not limited to the following manufacturing processes: electric power generation, fertilizer/agricultural chemicals, inorganic chemicals, iron and steel manufacturing, leather and leather products, non- ferrous metals manufacturing/foundries, organic chemicals, plastics and resins manufacturing, pulp and paper industry, rubber and miscellaneous plastic products, stone, glass, clay and concrete products, textile manufacturing, transportation equipment, and water treatment. This term does not include oil or gas drilling, production and treatment wastes (such as brines, oil, and fluids) or overburden, spoil or tailings resulting from mining, or solution mining brine and insoluble component wastes. p. The term “Infectious Waste” shall have the meaning specified in 6 360-1.2 as the same may be amended, superseded or replaced. ---PAGE BREAK--- 163 q. The term “M.R.F. Recycling Facility” shall mean the materials recovery facility located at 137 South Pendleton Street, Cortland, New York. r. The term “Open Dump” shall mean a Solid Waste disposal area which does not comply with the required public health and environmental control practices. s. The term “Person” or “Persons” shall mean any individuals, company, partnership, association, firm, corporation, municipality or any other entity. t. The term “Private Business/Farm Permit” shall mean the permit issued pursuant to Section IV(2) of this local law. u. The term “Processor” shall mean a primary user of the particular material such as Recyclables, including, but not limited to, glass factories, detinner, plastic recovery facility, paper mill or a consolidator of the material. v. The term “Prohibited Materials” shall mean the following materials, as may be modified from time to time by the Department, and these materials shall not be accepted at the County Landfill or any other Facility in the County: i. Well drilling debris tailings from the drilling of wells or hydraulic fracturing) ii. Septic tank pumpings iii. Liquid wastes iv. Pesticides and chemicals v. Junked vehicles, car parts, motor parts vi. Explosives vii. Compressed gas tanks viii. Fluorescent bulbs (including compact fluorescent bulbs) ix. Hot ashes, other burning or hot loads x. Sealed containers xi. Hazardous waste xii. Large dead animals xiii. Motor oil xiv. Friable asbestos xv. Sludge (without a permit) xvi. Batteries w. The term “Recyclables” shall mean such material designated from time to time by the Department which under any applicable law or regulation is not Hazardous Waste and which can be reasonably separated from the Solid Waste stream and held for its material recycling or reuse value. The following materials as my be modified from time to time by the Department, shall be considered Recyclables: i. glass ii. newspapers iii. corrugated cardboard iv. metal containers v. plastic containers (marked with recycling triangle, numbers 1 through 7) vi. residential metal appliances (with statement of purging CFC or Freon) vii. tires (for an additional fee) ---PAGE BREAK--- 164 x. The term “Refuse” shall mean putrescible and incidental non-putrescible Solid Waste including, but not limited to, animal, vegetable and paper waste. Refuse originates primarily in homes, business and restaurants, and has characteristics similar to that Solid Waste collected and disposed of as part of normal residential and commercial collections. y. The term “Resident” shall mean any individual who is a legal resident of the County or any individual who is a temporary resident of the County. z. The term “Residential Waste Permit” shall mean the permit issued for the disposal of Solid Waste generated from houses, apartments and other residential dwellings. z. The term “Solid Waste” shall mean all materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies characteristics of hazardous waste promulgated by the New York State Commissioner of the Department of Environmental Conservation. (See also NYS County Law §226-b) aa. The term “Source Separation” shall mean the dividing of solid waste into some or all of its component parts at the point of generation, including the separation of recyclables from each other, or the separation of recyclables from other solid waste. (6 §360-1.2 (160)). The residue remaining after recyclables are removed from the waste stream is not considered source separated material. bb. The term “Waste Collector” shall mean any individual, association, partnership, firm, corporation, not-for- profit organization, municipality, educational institution, or any other person so deemed by the Department, engaged in the commercial collection, pick-up, transfer, removal and/or disposal of Solid Waste and/or Recyclables generated, originated or brought within the boundaries of the County. SECTION III. ADMINISTRATION a. The Department, or its successor, shall be primarily responsible for all ministerial and administrative duties described or reasonably required by the terms of this local law. b. The Cortland County Legislature, pursuant to New York State County Law §226-b, may, by resolution, establish schedules of rates or fees to be charged for any solid waste collection or management facilities or services provided, including, but not limited to, the establishment of solid waste permit, tipping and user fees. Such fees shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. c. The Department, or its successor, shall administer the program of registering and permitting all waste collectors, contractors and other persons collecting, transporting or disposing of Solid Waste and Recyclables in the County. This includes the issuance, renewal, and revocation of all permits described in this local law. ---PAGE BREAK--- 165 d. The Department, or its successor, may promulgate rules in connection with the operation of the County Landfill or any other Facility. e. The Department, or its successor, shall issue warning notices, and may initiate proceedings pursuant to Section V of this local law subject to the approval of the Cortland County Legislature or its designee. f. The Department, or its successor, may encourage and conduct studies, investigations and research relating to various aspects of Solid Waste Management as it deems necessary or as requested by the Cortland County Legislature. SECTION IV. STANDARDS AND REGULATIONS 1. Commercial Waste Permit Requirements a. No waste collector or contractor shall collect, transport or dispose of Solid Waste at the Cortland County Landfill without obtaining a Commercial Waste Permit issued by the County. b. All applications for Commercial Waste Permits shall be in writing and shall contain such information as requested by the Department, but at a minimum, as set forth in this local law. All Commercial Waste Permit information shall be verified by the applicant as required by this local law and the Department. The applicant shall file with any application proof of insurance and shall pay the required permit fee as set forth in this local law. c. All Commercial Waste Permit holders must provide curbside recycling pick-up to their residential and commercial customers, either directly or by subcontracting a duly licensed contractor to provide this service to their commercial and residential customers. d. Each Commercial Waste Permit applicant shall be required to pay a Commercial Waste Permit fee per vehicle. The fees, rates, or charges for Commercial Waste Permit holders shall be established by resolution of the Cortland County Legislature and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. e. Proof of insurance shall be filed with the application executed by the representatives of an insurance company, duly authorized and qualified by the Department, evidencing that said insurance company has issued motor vehicle liability and property damage insurance policies covering the following: i. All operations of the applicant or any other person, firm or corporation employed by him in transporting Solid Waste and/or Recyclables. ii. The disposal of such Solid Waste and/or Recyclables to and within the designated and approved County Landfill and/or Facility. iii. Protecting the public and any person from injuries or damages sustained by reason of transporting Solid Waste and/or Recyclables. iv. The certificate or affidavit to be filed with the application shall be executed by the representatives of a duly qualified insurance company evidencing that said insurance company shall provide to the County of Cortland at least 30 days notice of any cancellation or reduction of coverage, and further evidencing that said insurance company has issued commercial vehicle insurance policies. ---PAGE BREAK--- 166 f. Upon receipt of the application and the proper proof of insurance and the payment of the Commercial Waste Permit fee, the Department shall thereupon issue the applicant a Commercial Waste Permit. A Commercial Waste Permit shall expire on the next December 31st following the date of issue. Upon issuance of the Commercial Waste Permit, the Department shall affix the Commercial Waste Permit identification sticker issued to each and every vehicle operated by the permitted commercial hauler. g. Renewal of Commercial Waste permits shall be in the same manner and subject to the same conditions as original Commercial Waste Permits, and also shall be subject to any additional requirement in effect at the time of application for renewal as specified by the Department or the Cortland County Legislature. h. Whenever proof, by means of an affidavit, is submitted to the Department that a Commercial Waste Permit issued for the purpose set forth in this local law has been lost or destroyed, the Department shall, upon payment of $5.00 by the applicant, issue a new Commercial Waste Permit in lieu of the one which was lost or destroyed. i. No Commercial Waste Permit issued pursuant to the provision of this local law shall be transferable. j. All collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be in strict conformance with the rules and regulations prescribed in this local law and as such rules and regulations may hereafter be amended or supplemented by the Department. k. All vehicles used in the collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent leakage in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover. Operation of vehicles shall be done in such a manner as to prevent spilling or loss of contents. l. Any Commercial Waste Permit issued pursuant to this local law shall be in the nature of a privilege subject to the terms and conditions set forth in this local law and as amended or supplemented by the Department, and shall not be deemed to create a property interest with respect to the Commercial Waste Permit in the holder. m. All such Commercial Waste Permit requirements specified herein, including, but not limited to, Commercial Waste Permit fees and insurance coverage amounts, may be amended or adjusted from time to time by resolution of the Legislature of Cortland County. 2. Residential Waste Permit and Private Business / Farm Permit Requirements a. Residential Waste Permits shall be available and are required for passenger cars, vans, station wagons and pick-up trucks (up to one ton capacity). All other vehicles must be registered under the provisions applicable to a Commercial Waste Permit or Private Business/Farm Permit. The Department, in its sole discretion, may require any vehicle, regardless of type or size, transporting Solid Waste and/or Recyclables for compensation paid to the owner or operator, to comply with the provisions applicable to a Commercial Waste Permit or Private Business/Farm Permit. b. Persons and contractors not holding Commercial Waste Permits may obtain a Private Business/Farm Permit for the collection, transportation and/or disposal of Solid Waste other than Refuse at the County Landfill. A Private Business/Farm Permit must be obtained from the Department. The fees, rates or charges for Private Business/Farm Permit holders shall be established by resolution of the Cortland ---PAGE BREAK--- 167 County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. Holders of a Private Business / Farm Permit shall be required to make immediate cash payment of the required fee for the first 90 days, and once a month thereafter. c. The Department may, at its sole discretion, require certain Private Business/Farm Permit holders to provide proof of insurance in a form and amount satisfactory to the Department before such Private Business/Farm Permit holder may dispose of Solid Waste and/or Recyclables at the County Landfill or any other Facility. d. Residential Waste Permit holders and Private Business/Farm Permit holders shall strictly comply with all rules and regulations prescribed by the Department. e. All Residential Waste Permit and Private Business/Farm Permit requirements specified herein, including, but not limited to, Residential Waste Permit fees and Private Business/Farm Permit fees, may be amended or adjusted from time to time by resolution of the Cortland County Legislature. 3. Disposal of Solid Waste a. No waste collector, contractor, or other person shall dispose of Solid Waste at the County Landfill or any Facility for the disposal of Solid Waste, without a Commercial Waste Permit, Residential Waste Permit, or Private Business/Farm Permit. b. Only Solid Waste generated within the County will be accepted at the County Landfill or at any other Approved Landfill Facility located in the County. Combined loads containing Solid Waste from within the County as well as from a contiguous County will not be accepted for disposal at the County Landfill . c. Recyclable material generated within the County and from out of the County will be accepted at the Recycle Facility located in the County. d. The County Landfill will accept BUD material from outside the county as defined and allowed under the rules and regulations of the NYS Department of Environmental Conservation and the Cortland County Legislature. e. The County Landfill is authorized to accept construction and demolition debris subject to prior approval. f. Anyone entering the County Landfill or any other Facility to dispose of Solid Waste must adhere to the rules and regulations as posted, and must follow the instructions of the attendant on duty. g. Nothing within this local law shall be construed at any time to restrict the ability of the Department to refuse to accept Hazardous Waste or other Prohibited Materials at the County Landfill or any other Facility. h. No Waste Collector, Contractor, or other Person shall dispose of Solid Waste at the County Landfill or at any other Facility unless such Person or entity shall pay the tipping fee. i. Tipping fees for Commercial Waste Permit holders, Private Business/Farm Permit holders, and Residential Waste Permit holders shall be established by resolution of the Cortland County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue ---PAGE BREAK--- 168 until modified, amended or rescinded. A minimum fee per transaction shall be established by resolution of the Cortland County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. j. Commercial Waste Permit holders and Private Business/Farm Permit holders will be billed by the County. Such bills must be paid within 30 days of the mailing of the fee statement. Such bills unpaid within 30 days of mailing will be charged an additional 2% per month finance charge. Failure to make payments when due shall result in suspension or revocation of the Commercial Waste Permit or Private Business / Farm Permit. k. All Solid Waste Permit disposal requirements specified in this subsection including, but not limited to, tipping fees, permit costs, etc., may be amended or adjusted from time to time by resolution of the Cortland County Legislature. l. There shall be no Open Dumps in the County. This shall not be construed as to prohibit disposal areas located within the property boundaries of a farm for Solid Waste generated from that farm as otherwise permitted by law except in cases creating a public health nuisance. 4. Disposal of Recyclables a. All persons generating Solid Waste, and/or Waste Collectors and Contractors operating in the County, must separate from the Solid Waste stream those Recyclables designated by the Department. The Recyclables stream, as may be further modified from time to time by the Department, must be separated into two categories: newspaper, magazines and corrugated cardboard; and plastic, glass, aluminum and metal. This number of Recyclables categories for separation will be set by resolution of the Cortland County Legislature, subject to DEC approval, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. b. Any individual, firm or corporation depositing contaminated and/or non-recyclable material as recyclable will be charged accordingly and any license or permit is subject to suspension or cancellation. c. Electronic Equipment Recycling shall comply with the requirements of Environmental Conservation Law Article 27, Title 26. Manufacturers of covered electronic equipment (CCE) are required to provide the county with at least one convenient method of recycling. Municipalities are not required to provide electronic waste collection and recycling programs. If the County of Cortland chooses to do so, with the permission of the Cortland County Legislature by resolution, the county may voluntarily enter into agreements with manufacturers or collective electronic waste acceptance programs to provide collection services to assist manufacturers in meeting their obligations under the Electronic Equipment Recycling and Reuse Act; and/or collect electronic equipment that is not included in the Act as covered electronic equipment. d. Recyclables and Solid Waste must be separately packaged or contained in proper containers as specified in this local law or as designated by the Department. If plastic bags are utilized for this purpose, the bags shall be transparent to facilitate viewing of their contents. ---PAGE BREAK--- 169 e. Commercial Waste generators may elect to contract with a Processor of Recyclable material and have such material delivered directly to the Processor from the place of generation or place of business. All Recyclables sold in this manner must be reported to the Department for inclusion in data required by the New York State Department of Environmental Conservation. f. The Department may maintain Recyclable drop-off stations under agreement with the various municipalities for use by existing Recyclable drop-off stations located in the Towns. The Department reserves the right to increase, decrease, or eliminate the number, or relocate such Recyclable drop-off stations. g. Tipping fees or disposal charges may be imposed by resolution of the Cortland County Legislature at any Facility located in the County for the disposal of Recyclables. h. All Recyclable disposal requirements specified in this subsection may be adjusted from time to time by resolution of the Cortland County Legislature. SECTION V. ENFORCEMENT 1. Civil Sanctions (except for non-payment of tipping fees covered in Section V) a. The Department shall have the right to impose a civil penalty and/or suspend or revoke any Commercial Waste Permit, Residential Waste Permit, or Private Business/Farm Permit if the holder of such permit violates any of the provisions of this local law. Revocation, suspension or civil penalty may only follow a written notice of violation and, if demanded, a hearing as provided for in this local law. b. Upon any violation of the provisions of this local law, the Department shall serve notice of violation in person or by ordinary and certified mail sent to the holder of any permit issued pursuant to this local law at the address set forth in the permit application on file with the Department. Such notice shall state the Department’s intent to revoke or suspend, and/or impose a civil penalty upon the permit holder. c. Any holder of a Commercial Waste Permit, Residential Waste Permit or Private Business/Farm Permit may demand a hearing as allowed by Section V(1) of this local law by serving upon the Department a written request for a hearing. Such request must be received by the Department within twenty (20) days of the date of service of notice. Upon receipt of such demand, a hearing shall be scheduled and held at the offices of the County of Cortland during regular business hours. d. Upon the expiration of such twenty (20) day notice period provided for in Section V(1)(c) of this local law, or the majority determination of the Board of Hearing, the revocation, suspension and/or civil penalty in the notice or as modified by the Board of Hearing, shall be effective. e. The Board of Hearing shall consist of the three members, each appointed by a majority vote of the Cortland County Legislature at the first regular meeting following the biennial organizational meeting. The term of office shall coincide with that of the Legislature appointing the members. The Chairman of the Board of Hearing shall be selected by the Chairman of the County Legislature. Members shall be residents of the County of Cortland. One member shall be an elected or appointed officer or employee of the County. In no instance shall elected or appointed officers or employees constitute a majority of the Board of Hearing. ---PAGE BREAK--- 170 f. The Board of Hearing shall promulgate rules and regulations in furtherance of its powers and duties, including rules governing the conduct of adjudicatory proceedings and appeals relating to the assessment of civil penalties authorized by this local law. The Board of Hearing shall have the authority to conduct investigations necessary to carry out the provisions of this law. Pursuant to this power and duty, the Board of Hearing may administer oaths or affirmations, subpoena witnesses (whether or not a County officer, employee or appointed official), compel their attendance and require the production of any document, book or record deemed relevant or material to resolving the adjudicatory proceeding. g. The Board of Hearing shall make a complete record of all adjudicatory proceedings conducted before it. A final decision, determination or order adverse to a party in an adjudicatory proceeding shall be in writing and stated in the record and shall include findings of fact and conclusions of law or reasons for the decision, determination or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision, determination or order shall include a ruling upon each proposed finding. A copy of the decision, determination or order shall be delivered or mailed forthwith to each party and to his attorney of record. h. Any person who violates any of the provisions of this local law may be required to pay a civil penalty not to exceed $2000.00 for each violation. Such civil penalty must be paid in full before any permit issued pursuant to this local law can be reinstated. SECTION VI. SEVERABILITY If any part of this local law, as originally enacted or as amended from time to time, is found to be illegal, or it application to any person or circumstances is held to be invalid, the remainder and the application of its provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall remain in full force and effect. SECTION VII. EFFECTIVE DATE This local law shall take effect upon the filing thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. AGENDA ITEM NO. 8 – Adopt Proposed Local Law No. 13 of 2014 A Local Law Restating Local Law No. 8 of 2012 Establishing Procedures for Leasing County Property at the Cortland County Airport RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 171 ON MOTION OF BRIGGS RESOLUTION NO. 173-14 Adopt Proposed Local Law No. 13 of 2014 A Local Law Restating Local Law No. 8 of 2012 Establishing Procedures for Leasing County Property at the Cortland County Airport WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law No. 13 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that, as this local law is subject to permissive referendum, the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law is adopted; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland as follows: Section 1. The County of Cortland owns the Cortland County Airport in the Town of Cortlandville, and there are numerous hangars, facilities, and other resources of the airport which are currently under lease or rental agreement(s). Section 2. It is essential that qualified aviation businesses be located on the airport premises in order to ensure the continued financial success of the airport. Section 3. The Legislature finds that it is in the public interest to streamline the airport leasing procedures, in order to maximize revenues and beneficial uses of the airport facilities. Section 4. The Airport Manager, with the assistance of the Airport Advisory Board and the approval of the Highway Committee of this body, is hereby authorized to negotiate proposed leases of hangars, facilities, and other resources at the Cortland County Airport. Any such proposed lease shall be subject to approval by the full legislature. Section 5. Any Lease shall be consistent with the current approved Airport Master Plan, and the term of any lease shall not exceed five years. Section 6. No such lease shall require public bidding. Section 7. No such lease shall require a public hearing unless a public hearing is found to be necessary by the Legislature. Section 8. This Local Law shall supersede General municipal Law section 352 and County Law Section 215, to the extent that it is inconsistent with either law. Section 9. In accordance with Municipal Home Rule Law Section 24, this Local Law shall be subject to a referendum on petition. ---PAGE BREAK--- 172 Section 10. This local law is subject to permissive referendum and shall not take effect until at least forty- five (45) days after its adoption, as provided by Section 24 of the Municipal Home Rule Law. AGENDA ITEM NO. 9 – Adopt Proposed Local Law No. 9 of 2014 A Local Law Restating Local Law No. 1 of 2013 Establishing the Position of Director of Emergency Response and Communications ON MOTION OF BRIGGS RESOLUTION NO. 174-14 Adopt Proposed Local Law No. 9 of 2014 A Local Law Restating Local Law No. 1 of 2013 Establishing the Position of Director of Emergency Response and Communications WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law No. 9 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland, as follows: Section 1. It is the intent of the Cortland County Legislature to establish the Department of Emergency Response and Communications and to establish the position of Director of Emergency Response and Communications. The Director shall be in the unclassified service pursuant to Section 35(e) of the New York State Civil Service Law. The Director shall be appointed by the Cortland County Legislature and under the supervision of the County Administrator. Section 2. The Director of Emergency Response and Communications shall be vested with authority, direction and control over the Department of Emergency Response and Communications, and shall have power and authority to appoint and remove employees therein pursuant to said Section 35 of the Civil Service Law. RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 173 The salary of the Director shall be established by the County Legislature by resolution, as provided in the Cortland County Employment Policy Manual for Department Heads, management and Management/Confidential Employees. Section 3. The Director, as head of the Cortland County Emergency Communication Center shall: Comply with all laws, rules and regulations pertaining to the operation of said Department of Emergency Response and Communications and perform all of the functions, powers, and duties imposed by law governing its operations. Appoint such employees as are authorized by the County Legislature for the efficient performance of the operation of the Department of Emergency Response and Communications and remove employees therein; Cause proper accounts and records of the Department of Emergency Response and Communications to be kept regularly from day-to-day, in books and records provided for that purpose; and shall see that such accounts and records are correctly made up for the annual report to the Judiciary and Public Safety Committee and County Legislature; Within the delegation of powers and duties shall be expressly subject to all Civil Service Laws, regulations, local laws or other provision of law. Section 4. This local law shall take effect upon the filling thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. AGENDA ITEM NO. 10 – Proposed Local Law No. 11 of 2014 A Local Law Restating Local Law No. 7 of 2013 Establishing Certain Fees for Probation Services ON MOTION OF BRIGGS RESOLUTION NO. 175-14 Proposed Local Law No. 11 of 2014 A Local Law Restating Local Law No. 7 of 2013 Establishing Certain Fees for Probation Services WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law No. 11 for the year 2014 is RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 174 hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland, as follows: SECTION I. Legislative Intent Pursuant to Executive Law §257-c and Family Court Act §252-a, Cortland County has the authority to adopt a local law authorizing the Cortland County Probation Department to impose fees for certain Probation Department services. The Cortland County Legislature finds it to be in the best interest of the County of Cortland to collect such fees from the individuals utilizing those services to offset unfunded mandates. SECTION II. Fees for Probationers convicted under Vehicle and Traffic Law Article 31 (Alcohol and Drug Related Offenses) A. An individual currently serving or who shall be sentenced to a period of probation upon conviction of any crime under Article 31 of the Vehicle and Traffic Law shall pay to the Cortland County Probation Department, as the local probation department with the responsibility of supervising the probationer, an administrative fee of $30.00 per month. B. The Probation Department, with the express approval of the Probation Director, shall waive all or part of such fee where, because of the indigence of the offender, the payment of said fee would work an unreasonable hardship on the person convicted, his/her immediate family, or any other person who is dependent on such person for financial support. Within 30 days of adoption of this local law, the Probation Director is to establish specific criteria (including what documentation to be provided by the probationer) for determining what constitutes “indigence” or “unreasonable hardship” for a probationer seeking a waiver of all or part of said fee pursuant to this section. C. The probation administrative fee authorized by this local law shall not constitute nor be imposed as a condition of probation. D. Monies collected pursuant to this local law shall be utilized for probation services by the Cortland County Probation Department. Such monies shall not be considered by the division when determining state aid pursuant to Executive Law §246, and shall not be used to replace federal funds otherwise utilized for probation services. E. The provisions of Criminal Procedure Law §420.10 subdivision 6 shall govern for purposes of collection of the administrative fee. F. In the event of non-payment of any fees which have not been waived by the Cortland County Probation Department, the County may seek to enforce payment in any manner permitted for ---PAGE BREAK--- 175 enforcement of a debt. SECTION III. Fees for Investigations ordered pursuant to Family Court Act §653 (Custody Investigation) A. The Cortland County Probation Department, when ordered by the Court to conduct an investigation pursuant to Family Court Act §653, is entitled to a fee of not less than $50.00 and not more than $500.00 from the parties in such proceeding for performing such investigation. B. Such fee shall be based on the party’s ability to pay the fee and the schedule for payment shall be fixed by the Court issuing the order for investigation, pursuant to the guidelines issued by the Office of Probation and Correctional Alternatives, and may in the discretion of the Court be waived when the parties lack sufficient means to pay the fee. C. The Court shall apportion the fee between the parties based upon the respective financial circumstances of the parties and the equities of the case. D. Fees shall be paid directly to the Cortland County Probation Department to be retained and utilized for local probation services. Such fees shall not be considered by the Office of Probation and Correctional Alternatives when determining state aid pursuant to Executive Law §246. SECTION IV. Accounting A. The Cortland County Probation Department shall collect and maintain data on a basis regarding the number and amount of fees imposed, the number of fees satisfied, and the total amount of fees collected. B. The Cortland County Probation Department shall submit all fees collected to the Cortland County Treasurer within the first 15 Days following the end of the month. SECTION V. 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 VI. Effective Date This Local Law shall take effect upon the filling thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. AGENDA ITEM NO. 11 – Adopt Proposed Local Law No. 10 of 2014 A Local Law Restating Local Law No. 8 of 2013, Amending Local Law No. 3 of 2011, Imposing a Mortgage Recording Tax in Cortland County ---PAGE BREAK--- 176 ON MOTION OF BRIGGS RESOLUTION NO. 176-14 Adopt Proposed Local Law No. 10 of 2014 A Local Law Restating Local Law No. 8 of 2013, Amending Local Law No. 3 of 2011, Imposing a Mortgage Recording Tax in Cortland County WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law No. 10 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland, as follows: Local Law No. 3 for the year 2011 is hereby amended to read as follows: Section 1 For the period beginning December 1, 2013 and ending December 1, 2015, 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, 2013, 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, 2013. 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. AGENDA ITEM NO. 12 – Authorize Agreement - Bonadio Group/Highway Operations Audit RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 177 ON MOTION OF BOYDEN RESOLUTION NO. 177-14 Authorize Agreement - Bonadio Group/Highway Operations Audit WHEREAS, The Cortland County Highway Committee recommends an audit of the Highway Department to assess the adequacy and efficiency of the procedures and controls in place at the Highway Department, County Airport and the County Landfill facility, AND WHEREAS, Resolutions 337-12, authorized a multi-year contract with the Bonadio Group to provide the County with a mandatory third-party annual independent audit, thus familiarizing the agency with County operations, AND WHEREAS, the Bonadio Group has provided a proposal for two-phase audit of the Highway Department, 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 a contract with the Bonadio Group for phase one of an audit of the Highway Department to assess the adequacy and efficiency of the procedures and controls in place at the Highway Department, County Airport and the County Landfill facility, at a cost not to exceed $2,740, to be paid out of account number D50205.54055. AGENDA ITEM NO. 13 – Abolish/Create - Cortland County Veterans Services Agency Secretary 1/Veterans Services Counselor ON MOTION OF PRICE RESOLUTION NO. 178-14 Abolish/Create - Cortland County Veterans Services Agency Secretary 1/Veterans Services Counselor WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Secretary 1, AND WHEREAS, the Health and Human Services Committee recommends the creation of one full-time position of Veterans Services Counselor, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Bushnell, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Amy Cobb EXCUSED: Thomas P. Hartnett, Luke Snyder ---PAGE BREAK--- 178 RESOLVED, that one full-time position of Secretary 1 (Grade 9, $15.1139-18.7561/hr., CSEA contract) is hereby abolished effective June 12, 2014, AND BE IT FURTHER RESOLVED, that one full-time position of Veterans Services Counselor (Grade 9, $15.1139- 18.7569/hr., CSEA contract) be created effective June 13, 2014. Executive Session Announcements Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Thursday, June 26, 2014 6:00 PM Board Room Public Hearing(s) Public Hearing - Tompkins Cortland Community College 2014-2015 Budget Ms. Briggs opened the public hearing at 6:01 p.m. Mr. Boylan asked if there was anyone who wished to speak regarding the proposed Tompkins Cortland Community College 2014-2015 Budget. As there were none, the hearing was closed. Public Hearing - Local Law No. 14 of 2014 Mr. Boylan opened the public hearing for Local Law No. 14 of 2014, a Local Law Setting the Salary of Cortland County Election Commissioners. The Clerk asked if there was anyone who wished to speak regarding the proposed Local Law. As there were none, the hearing was closed. Public Hearing - Local Law No. 15 of 2014 Mr. Boylan opened the public hearing for Local Law No. 15 of 2014, a Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office. The Clerk asked if there was anyone who wished to speak regarding the proposed Local Law. As there were none, the hearing was closed. Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink ABSENT: Willcox Jr. (Excused), Denkenberger (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - May 22, 2014 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 179 Privilege of the floor Mr. Mark James of the New York Farm Bureau spoke in favor of Agenda Item No. 21. He said the EPA's revisions to the Clean Water Act would create a burden both operationally and financially on municipalities across the Country by changing the definition of a water body to be far too broad, and he encouraged legislators to support he resolution. Proclamations & Recognitions Mr. Boylan read a recognition in honor of Sherwood "Skip" Chapman of the Cortland Standard, who has worked at the local newspaper for 50 years. The recognition was presented to Cortland Standard reporter Emmett Neno, as Mr. Chapman was unable to attend. Presentation of Petitions, Communications, and Notice Receive and File Tom Brown - Democratic Election Commissioner Certification Recieve & File - Interoperable Communications Audit Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Resolutions Sponsored by the Chair AGENDA ITEM NO. 1 – Adopt 2014-2015 Operating Budget - Tompkins Cortland Community College Mr. Boylan asked if there were any objections to moving Agenda Item No. 32 to the beginning of the agenda. There were none. TC3 President Carl Haynes thanked the Legislature for their support. ON MOTION OF WHITNEY RESOLUTION NO. 179-14 Adopt 2014-2015 Operating Budget - Tompkins Cortland Community College RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 180 WHEREAS, the Board of Trustees of Tompkins Cortland Community College has presented to this Legislature an Operating Budget for the college fiscal year September 1, 2014 through August 31, 2015, AND WHEREAS, a public hearing on said budget has been held on June 26, 2014, and heard all persons wishing to speak on this topic, pursuant to notice duly published, NOW THEREFORE BE IT RESOLVED, that said operating budget in the amount of $39,146,117 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 2015 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 $1,686,897 as Cortland County’s share of the total Sponsoring Community Contribution of $4,559,180, approximately three percent more than the 2013-2014 amount, AND BE IT FURTHER RESOLVED, that this resolution shall become effective upon adoption of a concurrent resolution by the Tompkins County Legislature. AGENDA ITEM NO. 2 – Appoint/Re-appoint Members - Cortland County Planning Board ON MOTION OF BRIGGS RESOLUTION NO. 180-14 Appoint/Re-appoint Members - Cortland County Planning Board WHEREAS, the terms of office set by Local Law 1975-3 established four-year terms for the Cortland County Planning Board, AND WHEREAS, a vacancy exists on the board, and the terms of Ann Hotchkin, Wendy Miller, and Craig Umbehauer are due to expire on June 30, 2014, NOW, THEREFORE, BE IT RESOLVED, that the following are hereby (re)-appointed to the Cortland County Planning Board for a four-year term to run July 1, 2014 to June 30, 2018: Ann Hotchkin 671 McLean Road Cortland, NY 13045 Craig Umbehauer 2794 Lash Road Cortland, NY 13045 Wendy Miller 6 Burgett Drive Homer, NY 13077 RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 181 James Denkenberger 7738 Shackham Road Tully, NY 13159 AGENDA ITEM NO. 3 – Adopt Proposed Local Law No. 14 for the Year 2014 A Local Law Setting the Salary of Cortland County Election Commissioners ON MOTION OF BRIGGS RESOLUTION NO. 181-14 Adopt Proposed Local Law No. 14 for the Year 2014 A Local Law Setting the Salary of Cortland County Election Commissioners WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required, NOW THEREFORE BE IT RESOLVED, that proposed Local Law No. 14 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, AND BE IT FURTHER RESOLVED, that, as this local law is subject to permissive referendum, the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law is adopted; NOW, THEREFORE Be it enacted by the County Legislature of the County of Cortland as follows: Section I: Pursuant to Election Law §3-208, each Cortland County Election Commissioner shall receive an equal annual salary, to be fixed by the County Legislature. Section II: The annual salary for each Cortland County Election Commissioner shall be increased from $28,837 to $29,269.56 for fiscal year 2014 and paid over the balance of 2014 calendar year, upon the effective date of this local law. Section III: RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 182 This local law is subject to permissive referendum and shall not take effect until at least forty- five (45) days after its adoption as provided for by Municipal Home Rule Law §24. AGENDA ITEM NO. 4 – Adopt Proposed Local Law No. 15 for the Year 2014 A Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office ON MOTION OF BRIGGS RESOLUTION NO. 182-14 Adopt Proposed Local Law No. 15 for the Year 2014 A Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE BE IT RESOLVED, that proposed Local Law No. 15 for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, AND BE IT FURTHER RESOLVED, that, as this local law is subject to permissive referendum, the Clerk of the Legislature shall cause an abstract of this local law to be published in the County’s official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law is adopted; NOW, THEREFORE BE IT ENACTED by the Legislature of the County of Cortland, as follows: SECTION 1. LEGISLATIVE INTENT The County Legislature hereby states the intent of this local law is to preserve the integrity of the Management Compensation Plan, the goal of which is to treat all employees equally by maintaining grade level salary increments attached to years of service to the county. It is therefore necessary for the County Legislature to extend by local law the same increase in salary for those county officers elected or appointed for a fixed term, in compliance with New York State County Law §201, as has been previously Confidential Employees through Cortland County Local Law No. 4 of 2011. SECTION II. The Cortland County Employment Policy Manual for Department Heads, Management and RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 183 Management/Confidential Employees includes a Grade and Step Schedule, with salary increments tied to grade levels and years of service. Certain officers are excluded pursuant to New York State County §201, as the salary of any officer elected or appointed for a fixed term may only be increased by local law subject to permissive referendum as provided for in Municipal Home Rule Law §24(2)(h). SECTION III. The same rate of annual salary increase for fiscal year 2014 extended to Cortland County Management and Management/Confidential Employees through the modification of the Grade and Step Schedule, shall be provided to those officers elected or appointed for a fixed term, during their term of office. The annual salary of said officers elected or appointed for a fixed term, during their term of office, is to be adjusted and paid over the balance of the 2014 calendar year, upon the effective date of this local law. This Local Law shall function to increase the salary of the following officers elected or appointed for a fixed term, during their term of office: Elected officers include: County Clerk County Coroner(s) County Sheriff County Treasurer Officers appointed for a fixed term include: Commissioner of Social Services Highway Superintendent Personnel Officer Public Health Director Real Property Tax Services Director SECTION IV: This local law is subject to permissive referendum and shall not take effect until at least forty- five (45) days after its adoption as provided for by Municipal Home Rule Law §24. Referred from Building & Grounds Committee AGENDA ITEM NO. 5 – Create Highway Department Seasonal Aide Mr. Wheelock pulled the resolution from consideration. Referred from Highway Committee AGENDA ITEM NO. 6 – Abolish HEO / Create MEO Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger RESULT: PULLED ---PAGE BREAK--- 184 ON MOTION OF BOYDEN RESOLUTION NO. 183-14 Abolish HEO / Create MEO Highway Department WHEREAS, the needs of the agency will be better served by reclassifying one position of Heavy Equipment Operator at the Highway Department, AND WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Motor Equipment Operator, AND WHEREAS, the Highway Committee recommends the creation of one Motor Equipment Operator, NOW THEREFORE BE IT RESOLVED, that one position of Heavy Equipment Operator (Grade 12, $16.6120- 20.6153/HR, CSEA, Non-Competitive class) be and hereby is abolished effective June 26, 2014 at midnight, AND BE IT FURTHER RESOLVED, that one position of Motor Equipment Operator (full-time, Grade 10, $15.5916-19.3490/HR, CSEA, Non-Competitive class) be created effective June 27, 2014 at 12:01 AM. AGENDA ITEM NO. 7 – Award Construction Agreement Dutch Hill Rd. Bridge Rehabilitation Project Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 184-14 Award Construction Agreement Dutch Hill Rd. Bridge Rehabilitation Project Highway Department WHEREAS, the Highway Committee advertised for bids for the Dutch Hill Rd. Bridge Rehabilitation Project, in the Town of Cincinnatus, AND WHEREAS, the bids received are as follows: BIDDERS BID Economy Paving Co., Inc. $284,491.19 1819 NYS Route 13 Cortland, NY 13045 Procon Contracting $287,000.00 PO Box 1037 Vestal, NY 13851 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 185 Dycon Construction Northeast, LLC 1841 Ave. Pine City, NY 14871 $339,128.00 Vector Construction Corp. 6364 Island Road Cicero, NY 13039 $343,833.00 ZMK Construction, Inc. 3430 State Rte. 434 Apalachin, NY 13732 $348,000.00 Slate Hill Constructors 6573 Herman Road P.O. Box 275 Warners, NY 13164 $363,710.50 Stephen Miller General Contr., Inc. P.O. Box 291 Mayfield, NY 12117 $366,399.00 , 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., 1819 NYS Route 13, Cortland, NY 13045 for the total amount bid of $284,491.19, 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 D51125.54077.7030 Materials and Supplies for the Dutch Hill Rd. Bridge Rehabilitation Project, in the Town of Cincinnatus. AGENDA ITEM NO. 8 – Accept Grant NY State Aviation Capital Grant, Authorize Project and Local Share Funding Construct New T-Hangar Cortland County Airport Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 185-14 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 186 Accept Grant NY State Aviation Capital Grant, Authorize Project and Local Share Funding Construct New T-Hangar Cortland County Airport Highway Department WHEREAS, the County has been offered a NYSDOT Aviation Capital Grant to construct a new T Hangar at Cortland County Airport, Gen. Levi R. Chase Field, AND WHEREAS, the project appears on the Airport Layout Plan approved previously by the County Legislature and Federal Aviation Administration, AND WHEREAS, the Cortland County Highway Department has completed the New York State Environmental Quality Review (SEQR) process for the project and recommends that the Project to construct a new T-Hangar at Cortland County Airport will not result in any large and important impacts and, therefore is one which will not have a significant impact on the environment, AND WHEREAS, the Cortland County Legislature hereby finds that the project to construct a new T- Hangar at Cortland County Airport will not result in any significant impacts on the environment, and therefore makes a Negative Declaration under SEQR, AND WHEREAS, The State of New York grant to the County of Cortland for the construction of said T Hangar with 90% State participation share in the amount of $513,900.00, and 10% local participation share required by said grant in the amount of $57,100.00 to be included as part of the 2015 Airport Budget, for a total project cost of $571,000.00, AND WHEREAS, the County desires to construct said project during the 2015 fiscal year, accept said grant monies for the project, and expend said required local participation share, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes and approves the project to design and construct a new T Hangar at the Cortland County Airport, Gen. Levi R. Chase Field during the 2015 fiscal year at a cost not to exceed $571,000.00, AND BE IT FURTHER RESOLVED, that the County agrees to fund the entire project amount, not to exceed $571,000.00, in the first instance during the 2015 fiscal year, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby accepts the NYSDOT Aviation Grant for the amount of $513,900.00, AND BE IT FURTHER RESOLVED that Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to sign the NYS Aviation Capital Grant Agreement to construct a new T Hangar at the Cortland County Airport, Gen. Levi R. Chase Field. AGENDA ITEM NO. 9 – Amend 2014 Budget Recognizing State Funds for Snow & Ice Removal Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 187 ON MOTION OF BOYDEN RESOLUTION NO. 186-14 Amend 2014 Budget Recognizing State Funds for Snow & Ice Removal Highway Department WHEREAS, the County of Cortland will have higher than estimated revenues for the snow and ice removal on State Highways under contract with the County, AND WHEREAS, the costs for snow and ice removal on County and State Highways exceeded the amount estimated for the 2013-2014 winter season, AND WHEREAS, the additional revenue to be received from the State of New York has been recommended to be appropriated by the Cortland County Highway Committee to fund the additional costs associated with the 2013-2014 snow and ice removal, 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 2014 County Budget be amended as follows: Increase: Revenue D511043.42302 Snow & Ice-State $191,761.00 E513048.45031 Inter-fund Transfer Revenue $ 65,500.00 Expense D99015.59530 Inter-fund Transfer Expense $ 65,500.00 D51105.54077.7800 Salt $120,000.00 D51105.54083.7301 State Municipal Services $ 6,261.00 E51305.54078 Fuel $ 40,500.00 E50305.54300 Vehicle Repairs $ 25,000.00 AGENDA ITEM NO. 10 – Transfer Funds/Highway Projects Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 187-14 Transfer Funds/Highway Projects Highway Department WHEREAS, the Cortland County Highway Committee has recommended the transfer of funds within the Highway Department Budget to cover the 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 project funds shall be transferred, AND BE IT FURTHER RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 188 RESOLVED, that the 2014 County Budget be amended as follows: Decrease Expense: D51125.54077.7024 $20,000.00 Carter Slocum Rd. Culvert - Materials D51125.54077.7025 $5,500.00 Freetown Cross Rd. Culvert - Materials D51125.54077.7029 $39,000.00 Little York Crossing Bridge - Materials D51125.54077.7031 $114,000.00 E. Keeney Rd. Bridge - Materials Increase Expense: D51125.54077.7020 $40,000.00 E. Freet.-Texas Valley Rd. Rehab - Materials D51125.54077.7022 $37,000.00 Taylor Valley Rd. Rehab - Materials D51125.54077.7023 $21,500.00 Parker St. Rehab - Materials D51125.54077.7026 $15,000.00 Youngs Crossing Culvert - Materials D51125.54077.7030 $65,000.00 Dutch Hill Rd. Bridge - Materials Referred from Health & Human Services Committee AGENDA ITEM NO. 11 – Authorize Agreement/Accept Funds Health Department/Administration Integrated Cancer Services Program ON MOTION OF PRICE RESOLUTION NO. 188-14 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 4/1/14-3/31/15 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 2014 County Budget in Expenditure Accounts A40105.51005- 51010 $66,601 (Personnel), A40105.58020-58065 $39,961 (Fringe), and $3,438 (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. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 189 AGENDA ITEM NO. 12 – Authorize Agreement - Area Agency on Aging Cortland County Community Action Program, Inc. (CAPCO) ON MOTION OF PRICE RESOLUTION NO. 189-14 Authorize Agreement - Area Agency on Aging Cortland County Community Action Program, Inc. (CAPCO) WHEREAS, the Cortland County Area Agency on Aging wishes to enter into a contract with Cortland County Community Action Program, Inc. (CAPCO) for the provision of Consumer-Directed services in an amount not to exceed $5,000.00, AND WHEREAS, the funds for this project are part of the Expended In-Home Services for the Elderly Program (EISEP), which was previously approved and appropriated by this Legislature, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney and subject to any appropriation of funding by the Legislature, be and hereby is authorized to execute said agreement. AGENDA ITEM NO. 13 – Authorize Agreement/Accept Funds Health Department/Administration (Advancing Tobacco Free Communities) ON MOTION OF PRICE RESOLUTION NO. 190-14 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. funding for the Advancing Tobacco Free Communities Grant for a five year period 2014-2019, AND WHEREAS, annual funding as available in the amount of $325,000 for the period of 7/1/14- 6/30/15 will be used to advance tobacco free communities through local collaborative initiatives, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 190 WHEREAS, the Cortland County Health Department will be contracting with other agencies and individuals to help coordinate the efforts of this grant, AND WHEREAS, part of these funds are already in the 2014 budget in Expenditure Accounts A40105.51005-51010 $63,034 (Personnel), and A40105.58020-58065 $33,197 (Fringe), and $3,576 (Maintenance in Lieu of Rent), AND WHEREAS, funds in the 2014 County Budget will need to be amended as follows: Increase: Revenue: A401043.43450.4002 Tobacco Free Grant $162,500 Increase: Expenditure: A40105.51005 Personnel $17,863 A40105.58020-58065 Fringe $10,717 A40105.54000.4002 Telephone $78 A40105.54005.4002 Supplies $5,596 A40105.54020.4002 Postage $517 A40105.54045.4002 Travel $1,019 A40105.54047.4002 Mileage $404 A40105.54055.4002 Prof. Service $49,859 A40105.54060.4002 Advertising $392 A40105.54300.4002 Vehicle Maintenance $750 , 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 and contract with other agencies and individuals as required by the grant. AGENDA ITEM NO. 14 – Authorize Agreement Health Department/Administration (Emergency Preparedness Services) ON MOTION OF PRICE RESOLUTION NO. 191-14 Authorize Agreement Health Department/Administration (Emergency Preparedness Services) WHEREAS, the Cortland County Health Department is required to provide Emergency Preparedness Services for the performance of preparedness tasks mandated by the New York State Department of Health, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 191 WHEREAS, Resolution # 133-13 amended an agreement with Health Research Inc. to continue the Public Health Preparedness Program for the period 7/1/12 – 6/30/17 to continue to assist our County in the development of a Public Health emergency response and preparedness plan, AND WHEREAS, Mary Jane Uttech, of 2290 Route 221 West, Marathon, New York will provide the Emergency Preparedness services to meet the required contract deliverables on an hourly basis at the rate of $55.00/hr. not to exceed $22,000, AND WHEREAS, monies for the above services are to be transferred on 7/1/14 from the following accounts: A40105.51010 $17,000 (Part Time Pay), A40105.58020 $4,000 (Retirement), and A40105.58030 $1,000 (FICA) into Account: A40105.54055.4010 $22,000 (Professional Services), AND WHEREAS, the term for this agreement shall be from July 1, 2014 to December 31, 2014, 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 Emergency Preparedness services with Mary Jane Uttech, 2290 Route 221 West, Marathon, New York 13803. AGENDA ITEM NO. 15 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods ON MOTION OF PRICE RESOLUTION NO. 192-14 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on May 23, 2014 for the period July 1, 2014 through September 30, 2014 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 Maines Paper & Food Serv, Inc, 101 Broome Corp Pkwy, PO Box 450, Conklin, NY 13748 US Foods, 755 Pierce Road, Clifton Park, NY 12065 , NOW THEREFORE, BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 192 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, 2014 through September 30, 2014. AGENDA ITEM NO. 16 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products ON MOTION OF PRICE RESOLUTION NO. 193-14 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products WHEREAS, bids were received on May 23, 2014 for July 1, 2014 through June 30, 2015 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: John R. Sears, DBA Bill Bros. Dairy, 219 Port Watson St., Cortland, NY 13045 ($40,802.50) HP Hood LLC, 93 Ave., Binghamton, NY 13903 ($46,839.00) Upstate Milk Cooperative, 25 Anderson Rd., Buffalo, NY 14225 ($44,044.55) , 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, 2014 through June 30, 2015. AGENDA ITEM NO. 17 – Mental Health Callpointe Agreement RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 193 ON MOTION OF PRICE RESOLUTION NO. 194-14 Mental Health Callpointe Agreement WHEREAS, the Cortland County Mental Health Clinic would like to contract with Callpointe.com. to place automated reminder messages to confirm the appointments of Mental Health Clinic clients, place automated no-show messages when clients have missed an appointment, and place automated cancellation messages when clinicians cannot make it into the office beginning as soon as July 1, 2014 and continuing for a one year period, AND WHEREAS, Callpointe.com works in conjunction with our current scheduling system, QuicDoc, AND WHEREAS, the cost of the service is 17.9 cents per message and a set up fee of $299.00 for appointment reminder messages and a set up fee of $99.00 for no-show messaging. There is no set up fee for appointment cancellation messages. It is estimated that the Mental Health Clinic makes approximately 1,600 reminder calls, 380 no-show calls, and 120 cancellation calls per month. Currently, it takes a medical service clerk 3.75 hours per day to make reminder and cancellation calls. Entry level pay for the clerk is $14.66 per hour and therefore costs the County approximately $1,100.00 per month. The clinicians place no-show calls to their clients and automating this task not only saves clinicians' time but could increase revenue This service would reduce the cost of calls to clients by approximately $700.00 per month as well as free the medical services clerks’ time to assist clinicians and medical staff with tasks required by New York State Office of Mental Health, AND WHEREAS, the funds to cover the cost of the service would come from Federal Salary Sharing revenue, 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 Callpointe.com to place reminder messages, no-show messages, and cancellations messages to clients, AND BE IT FURTHER RESOLVED, that the following amendment is made to the 2014 budget: Increase: A431044-44490-4290 Federal Salary Sharing $2,700.00 A43105-54000-4200 Telephone $2,700.00 AGENDA ITEM NO. 18 – Authorize Agreement Area Agency on Aging (Various Agencies) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 194 ON MOTION OF PRICE RESOLUTION NO. 195-14 Authorize Agreement Area Agency on Aging (Various Agencies) WHEREAS, the Cortland County Area Agency on Aging wishes to enter into contracts with various Long Term Care programs 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 agreements with the following agencies: Access to Home Care Services, Inc. Access to Independence All Metro Health Care A Reflection of You Counseling and Support Services Care America Center for Disability Rights Community Options, Inc. Elder Choice, Inc. Epilepsy Foundation Empowerment By Design Todd Flaherty, Anne B, MS, CRC, LMHC Hillis, Patrick I Circle Services Integrity Home Care Services Liberty Resources, Inc. Maxim Healthcare Services New Beginnings, Inc. Self Direct, Inc. Sibley Nursing Stafkings Healthcare Systems, Inc. US Care Systems, Inc. Winds of Agape AGENDA ITEM NO. 19 – Authorize Agreements Health Department (Educational Institutions) ON MOTION OF PRICE RESOLUTION NO. 196-14 Authorize Agreements Health Department (Educational Institutions) WHEREAS, various colleges and universities sometimes desire to enter into agreements with the Cortland County Health Department to allow students to obtain health-related training and experience within the department, AND WHEREAS, there is no cost to the County for providing such training and experience, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 195 WHEREAS, the Health Department is willing to accept said students for such purposes, AND WHEREAS, the agreements may stay in effect for up to five years unless otherwise terminated, 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 agreements for clinical fieldwork placement. AGENDA ITEM NO. 20 – Health Department Create Public Health Educator Ms. Briggs indicated that the creation of this position is contingent upon continued grant funding. ON MOTION OF PRICE RESOLUTION NO. 197-14 Health Department Create Public Health Educator WHEREAS, the needs of the agency will be better served by creating one full time position of Public Health Educator (CSEA, Grade 16, $18.9842-$23.5591/hour competitive class), AND WHEREAS, the funding for this position will be provided through the Advancing Tobacco Free Communities and Health Neighborhoods Grants, AND WHEREAS, the Health and Human Services and Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that one full time position of Public Health Educator (CSEA, grade 16, $18.9842- $23.5591/hour, competitive class) be and hereby is created effective on or after June 26, 2014, and that maintaining said position in future budgets is contingent upon continued grant funding. Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 21 – Chair of the Legislature to Sign Letter of Support Requesting Additional State Transportation Operating Assistance (STOA) Funding from the NYS Department of Transportation and the Use of the Upstate Supplemental Appropriation Funds 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 196 ON MOTION OF TROY RESOLUTION NO. 198-14 Chair of the Legislature to Sign Letter of Support Requesting Additional State Transportation Operating Assistance (STOA) Funding from the NYS Department of Transportation and the Use of the Upstate Supplemental Appropriation Funds Cortland County Planning Department WHEREAS, Cortland County has entered into an agreement with public transportation provider, First Transit, Inc. to provide public transportation service within Cortland County, AND WHEREAS, First Transit was also contracted by the Cortland County Department of Social Services to provide transportation for Cortland County Medicaid participants, AND WHEREAS, funding for the transportation of Medicaid participants was reimbursed by the New York State Department of Health through the Cortland County Department of Social Services, AND WHEREAS, First Transit was the main provider for transportation services for Cortland County Medicaid participants in which First Transit received revenue from the Cortland County Department of Social Services for Medicaid passengers and miles, AND WHEREAS, the NYS Department of Health has recently initialized a new service for the transportation and reimbursement of Medicaid participants through a Medicaid brokerage system which uses multiple transportation agencies including but not limited to taxis and ambulance services in both Cortland County and the surrounding counties, AND WHEREAS, since the Medicaid brokerage system has been initialized, First Transit, Inc. has experienced a significant decrease in Medicaid passenger ridership which contributes to a significant decrease in revenue, AND WHEREAS, public transportation services in many counties in New York State are experiencing decreases in their Medicaid passengers and revenue contributing to public transportation providers initiating cuts in other public transportation services, such as route eliminations and employee lay-offs, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature is authorized to sign a letter requesting additional State Transportation Operating Assistance (STOA) funding from the NYS Department of Transportation and the use of the Upstate Supplemental Appropriation Funds. AGENDA ITEM NO. 22 – Cortland County Opposes Clean Water Act Regulation Proposed by the Environmental Protection Agency ON MOTION OF TROY RESOLUTION NO. 199-14 Cortland County Opposes Clean Water Act Regulation Proposed by the Environmental Protection 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 197 Agency WHEREAS, Cortland County affirms its commitment to environmental stewardship and the protections of our natural resources, and recognized the need to harmonized municipal programs and services with the legislative intent and objectives of the Clean Water Act (CWA), AND WHEREAS, the CWA was not intended to protect ditches and other channels through which water flows intermittently nor was it intended to capture seeps, wet areas, isolated man- made ponds and other structures not currently subject to the CWA, AND WHEREAS, The Environmental Protection and Agency (EPA) and the United States Corps of Engineers (Corps) have developed a proposed regulation on Definition of “Water of the United States” Under the Clean Water Act to clarify the EPA and Corps’ understanding and definition of the CWA that will inform all of EPA’s regulatory programs and policy actions, AND WHEREAS, the proposed regulation creates greater uncertainty rather than clarity and would now capture a significant number of public words activities and transportation infrastructure that will now be subject to the CWA and its costly and time-consuming permitting and regulatory protocols, AND WHEREAS, the proposed regulation great expands the number of projects subject to jurisdictional determination or CWA permitting which do not currently require such oversight at great expense to the taxpayers of Cortland County with little, if any, substantive environmental benefit while diverting scarce resources from other programs that do provide environmental protection and conservation benefits, AND WHEREAS, the financial impact of the proposed regulation to Cortland County will create significant ongoing maintenance costs and delays to Cortland County citizens due to the need for jurisdictional determinations and expanded jurisdictional authority of EPA and the Corp, AND WHEREAS, Cortland County believes that the standards for making jurisdictional determinations under the CWA and clarification or definition of the intent of the CWA should be accomplished only through the U.S. Congress, limited by the decisions of the U.S. Supreme Court, NOW THEREFORE BE IT RESOLVED, that Cortland County strongly encourages EPA and the Corps to withdraw the proposed CWA regulation immediately , work collaboratively with states and local governments to clarify federal jurisdiction under the CWA that is reasonable, environmentally responsible and respects the authority of state and local governments in ensuring the protection of our water resources, AND BE IT FURTHER RESOLVED, that Cortland County supports any federal legislation consistent with the above recommendations and urges its Congressional and State representatives to intercede with EPA and request that EPA report to them on their response and adaptations regarding the aforementioned concerns, AND BE IT FURTHER RESOLVED that a copy of this resolution, suitable engrossed, should be transmitted to U.S. Senators Charles Schumer and Kristen Gillibrand, EPA Administrator Gina McCarthy, New York Governor Andrew Cuomo, New York State Senator James Seward, New York Assembly Representatives Barbara Lifton and Brian Kolb, and EPA Region 2 Administrator Judith Enck. AGENDA ITEM NO. 23 – Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2014-2015 Planning Department ---PAGE BREAK--- 198 ON MOTION OF TROY RESOLUTION NO. 200-14 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2014- 2015 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, 2014 to March 31, 2015, 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, 2014 to March 31, 2015, 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 2014-2015. AGENDA ITEM NO. 24 – Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to Sign the 2014-2015 SEQR Form Planning Department ON MOTION OF TROY RESOLUTION NO. 201-14 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to Sign the 2014-2015 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 RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 199 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. 25 – Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2014-2015 Planning Department ON MOTION OF TROY RESOLUTION NO. 202-14 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2014-2015 Planning Department 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, 2014 to March 31, 2015, 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, 2014 to March 31, 2015, 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 2014-2015 period. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 26 – Amend 2014 Budget Sheriff's Department (Motor Vehicle Equipment, Special Equipment, Equipment Rental) RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 200 ON MOTION OF BUSHNELL RESOLUTION NO. 203-14 Amend 2014 Budget Sheriff's Department (Motor Vehicle Equipment, Special Equipment, Equipment Rental) WHEREAS, upon the receipt from, Government Employees Insurance Co. (GEICO), claim #0310205720101039, AND WHEREAS, upon the receipt from, Insurance Auto Auctions (IAA), claim #BIDFAST/STK#13125943, AND WHEREAS, payment for Vehicle #105, 2013 Ford Taurus, VIN# 1FAHP2M84DG213529, that was declared a total loss in 2014, AND WHEREAS, there is to be a receipt from GEICO Insurance Company, checks: #167915236, #168040725, and #167914127, totaling $18,670.94, AND WHEREAS, there is to be a receipt from Insurance Auto Auctions (IAA), checks: #806126459 and #700216981, totaling $5,700.00, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended to, upon receipt, deposit said monies into the 2014 County Budget as follows, Increase: A31105-52030 Motor Vehicle Equipment $13,916.30 A31105-52012 Special Equipment $ 1,726.64 A31105-54065 Equipment Rental $ 8,728.00 Referred from Personnel Committee AGENDA ITEM NO. 27 – Adopt of Rules of Order Cortland County Legislature Ms. Price thanked the Personnel Committee and the County Attorney for the work in these "housekeeping" amendments and said that more substantial changes regarding the appointment process will be put forth in the late summer or fall. 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 201 ON MOTION OF PRICE RESOLUTION NO. 204-14 Adopt Rules of Order Cortland County Legislature WHEREAS, Local Law No. 2 for year 1972, Section 202, para.5 established that the Cortland County Legislature is empowered to enact rules governing the conduct of the members at its sessions and the manner of transacting business thereat, AND WHEREAS, County Law Section 153[8] empowers the County Legislature to determine the rules of its own proceedings, AND WHEREAS, Resolution 7-14 Adopted the Rules of Order for 2014-2015, and said Rules have been revised and subsequently endorsed by the Personnel Committee, NOW THEREFORE BE IT RESOLVED, that the attached Exhibit entitled "Rules of Order for the Cortland County Legislature" are hereby adopted, AND BE IT FURTHER RESOLVED, that all resolutions, which amend, repeal or in any manner affect these rules shall include proper reference to section, subsection or paragraph to maintain an orderly codification of these rules, AND BE IT FURTHER RESOLVED, that the rules shall be published in the annual journal of proceeding, in a booklet form for distribution to legislators and the public, and in electronic form on the County web pages, AND BE IT FURTHER RESOLVED, that this resolution shall take effect July 26, 2014. AGENDA ITEM NO. 28 – Amend 2014 Budget/Transfer Funds - Personnel Department/Professional Services ON MOTION OF PRICE RESOLUTION NO. 205-14 Amend 2014 Budget/Transfer Funds - Personnel Department /Professional Services WHEREAS, due to the increase in the need for Professional Services in 2014, AND WHEREAS, the cost of Professional Services will increase to beyond the budgeted amount causing a deficit in the Professional Services account, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger RESULT: ADOPTED [UNANIMOUS] SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 202 RESOLVED, that the 2014 County Budget is hereby amended as follows: Decrease: Expense: Contingency Account A1990554775 20,000 Increase: Expenses: Professional Services A14305-54055 20,000 AGENDA ITEM NO. 29 – Agreement Between the County of Cortland and the Civil Service Employee's Association, Inc.-Cortland County Local 812-Unit 6650 Effective January 1, 2015 to December 31, 2018 Ms. Price thanked the negotiating team, Mr. Murphy, Ms. Briggs and Annette Barber. ON MOTION OF PRICE RESOLUTION NO. 206-14 Agreement Between the County of Cortland and the Civil Service Employee's Association, Inc.- Cortland County Local 812-Unit 6650 Effective January 1, 2015 to December 31, 2018 WHEREAS, the 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 6650, Cortland County Local 812, ratified the contract on June 24, 2014, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature approves the attached contract. AGENDA ITEM NO. 30 – Amend 2014 Budget Mileage Reimbursement Increase Mileage Reimbursement Ms. Briggs said she has tasked the Personnel Committee with reviewing Legislature Compensation, which will not only include the option of a Mileage reimbursement policy, but salaries, insurance and other considerations. Mr. Boylan said based on current projections this amount should cover expenses through the rest of the year, but there may be a need to address this again in the future. RESULT: ADOPTED [13 TO 2] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink NAYS: Thomas P. Hartnett, Richard Bushnell EXCUSED: Newell Willcox Jr., James Denkenberger RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 203 ON MOTION OF PRICE RESOLUTION NO. 207-14 Amend 2014 Budget Mileage Reimbursement Increase Mileage Reimbursement WHEREAS, the budget line for 2014 for the mileage account has been depleted, AND WHEREAS, the projected amount to cover the rest of 2014 for mileage reimbursement will be approximately $3750.00, NOW THEREFORE BE IT RESOLVED, the 2014 County Budget is hereby amended as follows; Decrease A1990 Contingency $3750.00 Increase A1010.54047 Legislator Mileage Reimbursement $3750.00 AGENDA ITEM NO. 31 – Appoint Democratic Election Commissioner ON MOTION OF PRICE RESOLUTION NO. 208-14 Appoint Democratic Election Commissioner WHEREAS, The term of Thomas Brown, duly appointed Cortland County Democratic Election Commissioner expires December 31, 2014, AND WHEREAS, The Cortland County Democratic Committee has submitted a certification endorsing the re-appointment of Thomas Brown as the Cortland County Democratic Election Commissioner, NOW THEREFORE BE IT RESOLVED, that Thomas H. Brown, 6 Hamlin Street, Cortland, NY 13045, is hereby appointed as the Cortland County Democratic Election Commissioner for a term set to run Jan. 1, 2015 through Dec. 31, 2016. AGENDA ITEM NO. 32 – Oppose the Passage of Legislation to Allow Early Voting, or to Allow Counties to Opt-In to Early Voting Opportunities, and for the State to Fully Fund Any Increased Costs Associated with Early Voting. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 204 ON MOTION OF PRICE RESOLUTION NO. 209-14 Oppose the Passage of Legislation to Allow Early Voting, or to Allow Counties to Opt-In to Early Voting Opportunities, and for the State to Fully Fund Any Increased Costs Associated with Early Voting WHEREAS, A.689 (Silver)/ S.146 (Stewart-Cousins) has been introduced in the NYS Legislature establishing early voting in primary, general and special elections in the State of New York, AND WHEREAS, this bill would allow early voting to take place up to 14 days prior to a general election and up to one week before a primary or special elections, from 8 AM until 7 PM on every early voting day including Saturday and Sunday, AND WHEREAS, County Boards of Elections would be required to select a minimum of five polling places throughout each county and provide election inspectors at each location, AND WHEREAS, County Board of Elections would also be required to follow the same polling places protocols that are observed on election day on all early voting days, AND WHEREAS, there will be costs associated with staffing early voting locations, and printing and paper ballots associated with early voting, AND WHEREAS, the 2 percent tax cap and insufficient relief from state-imposed mandates has placed an unprecedented strain on local governments to provide more services with less funding, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby oppose the passage of legislation requiring counties to implement early voting, AND BE IT FURTHER RESOLVED, if the proposal is enacted, allow counties to opt-in providing early voting opportunities and the State needs to fully fund the cost of early voting for those counties that provide early voting, AND BE IT FURTHER RESOLVED, that Cortland County shall forward copies of this resolution to Governor Andrew M. Cuomo, the NYS Legislature and all others deemed necessary and proper. Referred from Budget & Finance Committee AGENDA ITEM NO. 33 – Designate Depositories RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 205 ON MOTION OF WHITNEY RESOLUTION NO. 210-14 Designate Depositories WHEREAS, County Law Section 212 and General Municipal Law Section 10 require that the Cortland County Legislature designate one or more banks or trust companies for the deposit of public funds received by the County Treasurer, AND WHEREAS, such designation must specify the maximum amount which may be kept on deposit at any time in each bank designated by the Cortland County Legislature, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby designates the following banks and trust companies for the deposit of public funds received by the County Treasurer and that the County Treasurer is authorized to utilize these institutions for said purpose not to exceed maximum amounts listed below: NAME MAXIMUM AMOUNT NBT Bank $25,000,000.00 First Niagara Commercial Bank $25,000,000.00 M & T Bank $10,000,000.00 First National Bank of Dryden $ 2,000,000.00 Key Bank of New York $10,000,000.00 Tompkins Trust Co. $10,000,000.00 Citizens Bank $10,000,000.00 JP Morgan Chase $ 150,000.00 AGENDA ITEM NO. 34 – Transfer Funds/Amend Budget - County Administration ON MOTION OF WHITNEY RESOLUTION NO. 211-14 Transfer Funds/Amend Budget - County Administration WHEREAS, Cortland County is interested in learning of and pursuing grant opportunities by working with eCivis Grants Network, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon approval of the County Attorney is hereby RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 206 authorized and directed to execute an agreement with eCivis Grants Network for the attached services, with a cost not to exceed $4320.00 from August 1, 2014 through July 31, 2015, AND BE IT FURTHER RESOLVED, that the 2014 budget is hereby amended as follows: Decrease: Contingency Account A1990 $4320.00 Increase: Professional Services A1175 54055 $4320.00 AGENDA ITEM NO. 35 – Authorize Auctioneer ON MOTION OF WHITNEY RESOLUTION NO. 212-14 Authorize Auctioneer WHEREAS, The Treasurer's Office of Cortland County advertised and received proposals for the auction of In Rem Foreclosures: Index 12-522, AND WHEREAS, the Treasurer's Office has received proposals from the following New York State licensed Auctioneers: ABSOLUTE AUCTION & REALTY INC. 45 South Ave. Pleasant Valley, N.Y. 12569 HAROFF AUCTION & REALTY INC. 100 Pine Ln. Schroon Lake, N.Y. 12870 MEL MANASSE & SON AUCTIONEER 12 Henry St. Whitney Point, N.Y. 13862 , , NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval of the County Attorney, is hereby authorized to execute a contract with Mel Manassee & Son Auctioneer, 12 Henry St., Whitney Point, N.Y. 13862 for the 2012 foreclosed properties. Executive Session Announcements RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink EXCUSED: Newell Willcox Jr., James Denkenberger ---PAGE BREAK--- 207 Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, July 24, 2014 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Approval of Minutes Cortland County Legislature - Legislative Session - Jun 26, 2014 6:00 PM Privilege of the floor Ms. Alison King spoke in opposition of Agenda Item No. 18, stating that the Legislature has no jurisdiction over the decision whether to allow hydrofracking, and stated the Legislature should rather be taking action banning fracking waste. She submitted a sample local law banning such waste. She spoke regarding Agenda Item No. 7, encouraging the Legislature to create a citizen's advisory committee to assist with technical projects such as financial modeling. Ms. Pam Jenkins spoke in opposition to Agenda Item No. 18 and Agenda Item No. 7 and submitted comments to Mr. Boylan. She said the final scoping document for the proposed solid waste partnership is lacking information (comments submitted), and that the financial modeling should have been done a year ago. Ms. Lee Miller declined the opportunity to speak. Ms. Joanne Hayes spoke regarding Agenda Item No. 7, and encouraged Legislators to thoroughly review all environmental and financial impacts of the regional partnership with Onondaga County. Mr. Robert Papworth said there are alternatives to the regional partnership as proposed and encouraged the Legislature to explore gasification. Mr. John Hayes encouraged the Legislature to seek out alternatives to the proposed regional partnership. Ms. Chris Applegate spoke in opposition of Agenda Item No. 18, and said that the County has no RESULT: AYES: ACCEPTED [UNANIMOUS] Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 208 jurisdiction over hydrofracking, and asked under what expertise the Legislature is telling NYS that there has been enough studying done on the issue. Dr. Mecke Nagel spoke in favor of creating a Citizen's Advisory Committee comprised of local experts from SUNY Cortland to review both the environmental and financial impacts of the Solid Waste Program. Mr. Todd Miller spoke in opposition to Agenda Item No. 18 and said he was a member of a special committee appointed by Tompkins County to review the Supplemental Generic Environmental Impact Statement on hydrofracking, and the Committee found it to be inadequate, and that only two years ago the County submitted comments on the SGEIS stating that effects on health and safety were missing, and those have not yet been addressed. Ms. Mary Beilby spoke in opposition to Agenda Item No. 18, and said the County's Rules of Order indicate that a resolution is meant to be passed by the Legislature 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, and that Agenda Item No. 18 has nothing to do with the operation of County government. Mr. Ron Rocco and Ms. Sheila Cohen both submitted written comments. Proclamations & Recognitions Proclaiming American's with Disabilities Act Awareness Day Mr. Boylan read the proclamation and Legislator Mary Ann Discenza presented it to Chad Underwood and Fran Pizzola of Access to Independence. Proclaiming Breastfeeding Week in Cortland County Mr. Boylan read the proclamation and Legislator Knolls presented it to MaryAnn Haley of the Public Health Department. Presentation of Petitions, Communications, and Notice Receive and File Recieve & File - 2013 Health Department Annual Report Mr. Troy made a motion to Receive & File the 2013 Health Department Annual Report. Second by Ms. Price. 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 – Adopt Evacuation Policy - Safety Office ---PAGE BREAK--- 209 ON MOTION OF WHEELOCK RESOLUTION NO. 213-14 Adopt Evacuation Policy - Safety Office WHEREAS, It is the policy of Cortland County to provide a safe and secure environment for employees and visitors in the facilities it owns and manages, AND WHEREAS, it is necessary to plan ahead for emergency situations, to ensure the safety of these employees and visitors, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the attached Evacuation Procedures for use in emergency situations at county facilities. Referred from Highway Committee AGENDA ITEM NO. 2 – Resolution Supporting Necessary Reforms to New York Labor Law §240 and §241 ON MOTION OF BOYDEN RESOLUTION NO. 214-14 Resolution Supporting Necessary Reforms to New York Labor Law §240 and §241 WHEREAS, New York Labor Law §240 and §241, commonly known as the “Scaffold Law,” outlines liability for injuries caused by an employee’s fall from a height, AND WHEREAS, the laws impose strict liability on employers and owners of buildings if a worker falls from any height, AND WHEREAS, the law was first imposed in 1885 at a time when worker safety was largely neglected in New York State and at a time when modem safety equipment and scaffolding techniques did not exist, AND WHEREAS, the Scaffold Law has caused a dramatic increase in construction costs due to increased insurance required for employers in the construction business, causing New York State to have the highest general liability insurance costs in the nation, AND WHEREAS, the Scaffold Law is a boon to personal injury lawyers as half of the 30 largest law suits in the state stem from Scaffold Law issues and while scaffold related injuries have decreased in the past 20 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 210 years the number of Scaffold Law claims has increased 500 percent, AND WHEREAS, New York is the only state in the country to impose a construction law like the Scaffold law that imposes strict liability on the employer; further it is one of a very few laws that mandate strict liability in the State of New York, AND WHEREAS, the increase in costs in New York drives away investment in our infrastructure when developers and contractors can get better rates in other states; and WHEREAS, not only does the law drive away out-of-state investment in infrastructure but the lost investment to other states also serves to decrease the number new construction jobs created every year, making it more difficult for many of New York’s skilled laborers to find appropriate employment, AND WHEREAS, recent studies by SUNY’s Nelson Rockefeller Institute of Government suggests that workers are more likely to be injured due to the current version of the Scaffold Law, AND WHEREAS, this was based off statistics on construction injuries in Illinois that show a decrease in work related injuries since the 1995 repeal of its Scaffold Law at a much quicker pace than here in New York, AND WHEREAS, following the removal of the Illinois Scaffold Law, the state also found an increase in the number of construction jobs created on an annual basis, AND WHEREAS, comparative negligence standards would help maintain worker safety while decreasing some of the insurance costs related to implementation of the current Scaffold Law, AND WHEREAS, this negligence standard under the Scaffold Law would not ban recovery for an injured worker due to their own negligence, but would allow the employer to bring issues with employee culpability to mitigate the damages in cases where the worker’s actions contributed to his or her injury, AND WHEREAS, federal regulations have been enacted that attempt to protect workers from injury to falls by requiring certain precautions to be in place for people working at height and allows an outlet for workers concerned about their safety to engage federal review of any worksite for compliance with these regulations, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature is strongly in support of Scaffold Law reform as well as meaningful protection of construction workers, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature supports the full repeal of the Scaffold Law or its modification to include a pure standard of comparative negligence, AND BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to Governor Andrew Cuomo, Assembly Speaker Sheldon Silver, Senate Majority Leaders Dean Skelos and Jeffrey Klein and the local delegation to the New York State Legislature. AGENDA ITEM NO. 3 – Award Highway Bid Metal Object Removal Bid Highway Department/Solid Waste ---PAGE BREAK--- 211 ON MOTION OF BOYDEN RESOLUTION NO. 215-14 Award Highway Bid Metal Object Removal Bid 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 $225.01 1 Recycle Drive Owego, NY 13827 , 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 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 # EL816042.42130 for the Landfill. AGENDA ITEM NO. 4 – Create Part-Time Park Attendant Position Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 216-14 Create Part-Time Park Attendant Position Highway Department WHEREAS, the Highway Committee has recommended the addition of staff to accomplish mowing of the County Office Bldg., County Courthouse, 37 Church St. Office, and DMV Office Grounds, RESULT: ADOPTED [14 TO 3] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink NAYS: Richard Bushnell, Gordon Wheelock, Kevin Whitney RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 212 as well as County Highway roadside mowing, AND WHEREAS, the County will be better served by creating one part-time position of Park Attendant in the Highway Department for up to 24 hours per week, that will be supervised by the Highway Department to accomplish said mowing tasks, AND WHEREAS, the Personnel Officer has classified the new position duties as appropriate to the title of Park Attendant, NOW THEREFORE BE IT RESOLVED, that one position of Park Attendant (temporary, part-time, $10.1557/hr, labor class) be created effective July 25, 2014 at 12:01 a.m. for a period not to exceed forty (40) working days from the date the position is filled, AND BE IT FURTHER RESOLVED, that the expenses for said new position will come from the existing County Road Fund Budget. AGENDA ITEM NO. 5 – Appoint Superintendent of Highways (Highway Department) ON MOTION OF BOYDEN RESOLUTION NO. 217-14 Appoint Superintendent of Highways (Highway Department) WHEREAS, the position of Superintendent of Highways is currently vacant and requires a permanent appointment pursuant to Section 100 of New York State Highway Law, AND WHEREAS, the Cortland County Rules of Order (Article IV-A;9) directs a Committee Chair to “delegate two members of the committee, who shall in conjunction and cooperation with the County Administrator, participate in the selection of a Department Head”, AND WHEREAS, Highway Committee members Donnell Boyden and Richard Bushnell were delegated and conducted interviews with the County Administrator and offered a recommendation for this appointment, AND WHEREAS, the County Legislature has received from the County Administrator and the Highway Committee the recommendation for appointment of Phillip Krey as Superintendent of Highways, NOW THEREFORE BE IT RESOLVED, that Phillip Krey is hereby appointed as Superintendent of Highways, with all the powers, duties and authorities granted by the State Law for a term commencing August 25 2014 and ending August 24, 2018 at an annual salary of $93,766 (Management Compensation Plan Grade 1, Step 6, Unclassified) pursuant to the terms and conditions of the Management Confidential/Management Employment Policy. RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 213 Referred from Solid Waste Committee AGENDA ITEM NO. 6 – Authorize Exemption from Tipping Fees River Clean Up Cortland County Highway Department Division of Solid Waste ON MOTION OF HARTNETT RESOLUTION NO. 218-14 Authorize Exemption from Tipping Fees River Clean Up Cortland County Highway Department Division of Solid Waste WHEREAS, the Cortland County Soil and Water Conservation District is coordinating the Cortland County River Clean-Up for September 28, 2013, 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 WHEREAS, the Solid Waste Committee has approved this request for exemption, NOW THEREFORE BE IT RESOLVED, that the Division of Solid Waste is hereby authorized and directed to waive the tipping fees for the trash and debris delivered to the landfill as a result of the Cortland County River Clean- Up from September 28, 2013. AGENDA ITEM NO. 7 – Authorize Agreement - Environmental Capital (Solid Waste) Ms. Knolls said that the Legislature must be fully aware of all implications associated with any decisions regarding the solid waste program. While the DEIS will cover the environmental implications, this agreement will cover any financial implications. ON MOTION OF HARTNETT RESOLUTION NO. 219-14 Authorize Agreement - Environmental Capital (Solid Waste) WHEREAS, Cortland County is a Co-Lead Agency with Onondaga County in a proposed regional partnership with Onondaga County for solid waste disposal, AND 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 214 WHEREAS, the development of a Draft Environmental Impact Statement is being prepared by Barton & Loguidice for the project, which includes financial projections, AND WHEREAS, in order to properly evaluate the future of the County's solid waste program accurate and precise financial projections are necessary, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to execute and agreement with Environmental Capital, 110 W. 40th Street, New York, NY for a cost not to exceed $10,500, to be paid out of Account EL816 54055, for developing a set of financial models for use in evaluating the potential financial impacts of implementing a regional solid waste partnership and the potential financial impacts of implementing flow control. Referred from Health & Human Services Committee AGENDA ITEM NO. 8 – Amend Budget/Transfer Funds - Department of Social Services - Equipment Rent & Leases ON MOTION OF PRICE RESOLUTION NO. 220-14 Amend Budget/Transfer Funds - Department of Social Services - Equipment Rent & Leases WHEREAS, it is necessary to cover anticipated expenditures for the purpose of leasing vehicles instead of purchasing new vehicles for the DSS vehicle pool, which requires modification of the 2014 Budget, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.52030 Admin-MOTOR VEHICLE EQUIP $20,000 Increase: Expense: A60105.54065 Admin- EQUIP RENT / LEASES $20,000 AGENDA ITEM NO. 9 – Abolish/Create Health Department RN (Part-Time, 2 Positions)/PHN or RN (Full-Time) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 215 ON MOTION OF PRICE RESOLUTION NO. 221-14 Abolish/Create Health Department RN (Part-Time, 2 Positions)/PHN or RN (Full-Time) WHEREAS, the needs of the agency will be better served by abolishing one part-time RN position (18.75hrs/week) in the Hospice division and one part time position(19hrs/week) in the Jacobus Center, AND WHEREAS, the Health and Human Services Committee recommends the creation of one full-time position of PHN or RN, NOW THEREFORE BE IT RESOLVED, that two part-time positions of RN ($24.8984-28.8788/hr., NYSNA contract) are hereby abolished effective July 24, 2014, AND BE IT FURTHER RESOLVED, that one full-time position of PHN($26.8253-31.1138/hr., NYSNA contract) or RN ($24.8984-28.8788/hr., NYSNA contract) be created effective July 25, 2014. AGENDA ITEM NO. 10 – Resource Allocation Plan NYS Office of Children and Family Services- Youth Bureau 2014 Amendment ON MOTION OF PRICE RESOLUTION NO. 222-14 Resource Allocation Plan NYS Office of Children and Family Services- Youth Bureau 2014 Amendment WHEREAS, The NYS Office of Children and Family Services, through the Resource Allocation Plan has made available the sum of $67,669.00 to Cortland County, up from $61,983.00, through the Youth Bureau, AND WHEREAS, the County Youth Bureau has designated the funds to the various county municipalities and agencies for the year 2014 and for which a copy is in the County Youth Bureau Office, AND WHEREAS, Resolution #130-14 has made available to the Cortland County Youth Bureau Administration $7,500 through the Resource Allocation Plan, AND WHEREAS, this Amendment will make available an extra $2,829 to the Cortland County Youth RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 216 Bureau Administration, AND WHEREAS, $1,329 is already in the County Budget Account A40105.51005 (Personal Services), NOW THEREFORE BE IT RESOLVED that the 2014 County Budget be amended as follows: Increase: Expenditure: A73125.54005 Supplies $1,500 , AND BE IT FURTHER 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. Cortland County Youth Bureau Administration $10,329 City of Cortland Youth Bureau $30,000 CAPCO Educational Support Program $6,610 Catholic Charities STEPS Program $5,335 Mental Health Adolescent and Child Respite $3,500 Cortland Regional Sports Council- Youth Leadership Program $2,000 YWCA- Bridges for Kids $6,688 Family Counseling Center- Family Matters $1,500 Village of Freetown $300 Virgil Youth Commission $1,407 AGENDA ITEM NO. 11 – HEAP Contract with OFA ON MOTION OF PRICE RESOLUTION NO. 223-14 HEAP Contract with OFA 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 for from the Account A60105.54083 titled Miscellaneous Supporting Services, NOW THEREFORE 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Newell Willcox Jr. ---PAGE BREAK--- 217 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, 2014 through July 31, 2015 with the Cortland County Area Office for Aging, with a cost not to exceed $18,638. AGENDA ITEM NO. 12 – Amend Medical Supplies Budget Mental Health Department ON MOTION OF PRICE RESOLUTION NO. 224-14 Amend Medical Supplies Budget Mental Health Department WHEREAS, the Mental Health Clinic purchases Invega injections for clients at a cost of $1,720.86 per injection, AND WHEREAS, the number of clients needing the injection has increased from 4 clients at the beginning of 2014 to 7 clients currently, AND WHEREAS, the cost of the injection has increased from $1,670.74 at the beginning of 2014 to $1,720.86 currently, AND WHEREAS, the 2014 budget has an available balance of $25,500 but it is anticipated that $72,300.00 ($1721 x 7 clients x 6 months) will be needed between July 1, 2014 and December 31, 2014, AND WHEREAS, Medicaid fully reimburses the Mental Health Clinic for the cost of the injections, NOW THERFORE BE IT RESOLVED, that the 2014 County Mental Health budget be amended as follows: Increase: AGENDA ITEM NO. 13 – Non-Residential Domestic Violence Agreement and Appropriation Department of Social 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink Revenues: A431042-42701-4200 Refund Approp. Expense $46,800.00 Expenses: A43105-54006-4200 Medical Supplies & Materials $46,800.00 ---PAGE BREAK--- 218 ON MOTION OF PRICE RESOLUTION NO. 225-14 Non-Residential Domestic Violence Agreement and Appropriation Department of Social Services 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, 2014 through June 30, 2015 with the YWCA in an amount not to exceed $15,000.00, AND, BE IT FURTHER RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4693 Admin-Non-Res DV $2,500.00 Revenue: A601044.44689.4693 Fed-Administration $2,500.00 AGENDA ITEM NO. 14 – Appoint Employment and Training Director Employment and Training Department Mr. Troy thanked Ms. Price and Ms. Discenza for serving on the search committee, and he thanked Mr. Bushnell and Mr. Boyden for serving on the search committee for the Highway Superintendent. ON MOTION OF PRICE RESOLUTION NO. 226-14 Appoint Employment and Training Director Employment and Training Department WHEREAS, the Cortland County Legislature has a vacant position of Employment and Training Director, AND WHEREAS, the Cortland County Rules of Order (Article IV-A;9) directs a Committee Chair to RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 219 “delegate two members of the committee, who shall in conjunction and cooperation with the County Administrator, participate in the selection of a Department Head”, AND WHEREAS, Health & Human Services Committee members Sandy Price and Mary Ann Discenza were delegated and conducted interviews with the County Administrator and offered a recommendation for this appointment, AND WHEREAS, the County Legislature has received from the County Administrator and the Health and Human Services Committee the recommendation for appointment of Diane Wheaton as Employment and Training Director, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Diane Wheaton as Employment and Training Director on July 25, 2014 at an annual salary of $43,213 (Management Compensation Plan Grade 9, step 1, Competitive Class) pursuant to the terms and conditions of the Management Confidential/Management Employment Policy. Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 15 – Transfer of County Property to Village of McGraw Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 227-14 Transfer of County Property to Village of McGraw Cortland County Planning Department WHEREAS, Cortland County owns tax parcel 88.18-01-033.112 which is an approximately ½ acre parcel located along Elm Street in the Village of McGraw which includes a portion of the right of way for Elm Street and a portion of the Village’s walking trail around the perimeter of the Village of McGraw soccer fields, immediately east of the Villages western boundary, AND WHEREAS, While Cortland County has no need for this property, it has determined that the property may be useful to the Village of McGraw and has offered the property to the Village of McGraw, AND WHEREAS, the Village of McGraw has advised the Cortland County Planning Department that is willing to take ownership of this small piece of property that the County is willing to convey to the Village for no cost, NOW THEREFORE BE IT RESOLVED, that Cortland County conveys the said small piece of property at no cost to the Village of McGraw. AGENDA ITEM NO. 16 – Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Market Farmland Protection Implementation Program to Purchase Development Rights on Gary and Christine Slade’s Peaceful Valley Farm, Town of Homer and Scott, 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 220 Cortland County Cortland County Planning Department Mr. Boylan said these resolutions were approved in Committee, contingent upon the NY Agricultural Land Trust taking the easements once the grant has been administered, and the resolutions will reflect that. ON MOTION OF TROY RESOLUTION NO. 228-14 Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Market Farmland Protection Implementation Program to Purchase Development Rights on Gary and Christine Slade’s Peaceful Valley Farm, Town of Homer and Scott, Cortland County Cortland County Planning Department WHEREAS, there are State assistance payments available for Farmland Protection Implementation Projects, AND WHEREAS, the Cortland County Agricultural and Farmland Protection Board has developed an Agricultural and Farmland Protection Plan for Cortland County Pursuant to Article 25-AAA of the Agricultural and Markets Law, AND WHEREAS, the Agricultural and Farmland Protection Plan recommends the use of such techniques as the acquisition of development rights and conservation easements as a method to protect the availability of agricultural soils for farming and to lower the cost of maintaining farming from generation to generation, AND WHEREAS, this Legislature has adopted the Agricultural and Farmland Protection Plan for Cortland County and the State Department of Agriculture and Markets has approved the Agricultural and Farmland Protection Plan for Cortland County, AND WHEREAS, Gary and Christine Slade’s Peaceful Valley farm in the Town of Homer and Scott is predominately in Preble/Homer/Cortland Valley along and to the west of the NYS Route 281 Corridor and is subject to significant pressure for conversion to non-agricultural use, AND WHEREAS, the County is not being requested to provide any cash match contribution to this project, 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 submit a grant application on behalf of the County to purchase development rights on Gary and Christine Slade’s Peaceful Valley farm in the Town of Homer and Scott, Cortland County, AND BE IT FURTHER RESOLVED, that the County's application and administration of the grant is contingent upon the New York Agricultural Land Trust accepting the easements and all annual monitoring requirements. RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 221 AGENDA ITEM NO. 17 – Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Markets Farmland Protection Implementation Program to Purchase Development Rights on William and Jeanne Underwood Farm, Town of Preble, Cortland County Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 229-14 Supporting an Application for State Assistance Payments Under the New York State Department of Agriculture and Markets Farmland Protection Implementation Program to Purchase Development Rights on William and Jeanne Underwood Farm, Town of Preble, Cortland County Cortland County Planning Department WHEREAS there are State assistance payments available for Farmland Protection Implementation Projects, AND WHEREAS, the Cortland County Agricultural and Farmland Protection Board has developed an Agricultural and Farmland Protection Plan for Cortland County Pursuant to Article 25-AAA of the Agricultural and Markets Law, AND WHEREAS, the Agricultural and Farmland Protection Plan recommends the use of such techniques as the acquisition of development rights and conservation easements as a method to protect the availability of agricultural soils for farming and to lower the cost of maintaining farming from generation to generation, AND WHEREAS, this Legislature has adopted the Agricultural and Farmland Protection Plan for Cortland County and the State Department of Agriculture and Markets has approved the Agricultural and Farmland Protection Plan for Cortland County, AND WHEREAS, the William and Jeanne Underwood farm in the Town of Preble is located in the Preble/Homer/Cortland Valley along and to the west of the NYS Route 281 Corridor and is subject to significant pressure for conversion to non-agricultural use, AND WHEREAS, the County is not being requested to provide any cash match contribution to this project, 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 submit a grant applications on behalf of the County to purchase development rights on the William and Jeanne Underwood farm in the Town of Preble, Cortland County, AND BE IT FURTHER RESOLVED, that the County's application and administration of the grant is contingent upon the New York Agricultural Land Trust accepting the easements and all annual monitoring requirements. AGENDA ITEM NO. 18 – Resolution Calling Upon the Governor and the NYS Department of 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 222 Conservation to Complete the Environmental Review of Hydraulic Fracturing and Issue Findings Chair Briggs said that on advice of counsel she would like to disclose the fact that she holds a gas lease on property within the County, and she encouraged other Legislators to do the same. Mr. Denkenberger said he also holds a gas lease. Ms. Price said this is a polarizing issue in which there is no local impact or jurisdiction, and she asked for a roll call vote. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 19 – Accept Grant/Amend Budget New York Office of the Attorney General (“OAG”) Community Overdose Prevention (COP) Program Sheriff's Department ON MOTION OF BUSHNELL RESOLUTION NO. 230-14 Accept Grant/Amend Budget New York Office of the Attorney General (“OAG”) Community Overdose Prevention (COP) Program Sheriff's Department WHEREAS, the County of Cortland Sheriff’s Department has been awarded $1,995.00 from the New York Office of the Attorney General (“OAG”) Community Overdose Prevention (COP) program, which provides reimbursement under the COP program prevention for Naloxone kits purchased, NOW THEREFORE BE IT RESOLVED, that the County of Cortland Sheriff’s Department hereby is authorized to accept grant funds from the New York “OAG” in the amount of $1,995.00, AND BE IT FURTHER RESOLVED, that the 2014 County Budget be amended as follows: Increase: Revenue: A311043-43389 Public Safety State Aid $1,995.00 Expense: A311055-54078 Fuel $1,995.00 AGENDA ITEM NO. 20 – Authorize Agreement - Weights & Measures NYS Department of Agriculture & Markets 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: DEFEATED [7 TO 9] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Knolls, Willcox Jr., Wheelock, Wagner, Denkenberger, Sudbrink NAYS: Cobb, Hartnett, Bushnell, Snyder, Discenza, Boyden, Steinhoff, Whitney, Price ABSTAIN: Susan Briggs ---PAGE BREAK--- 223 ON MOTION OF BUSHNELL RESOLUTION NO. 231-14 Authorize Agreement - Weights & Measures NYS Department of Agriculture & Markets WHEREAS, the Department of Agriculture and Markets shall reimburse Cortland County for actual costs and expenses incurred in participating in the Petroleum Product Quality Program, AND WHEREAS, by this agreement the NYS Department of Agriculture and Markets shall reimburse Cortland County up to $2,793.00 per year for those expenses for a period of five years, beginning April 1, 2014 and ending March 31, 2019, AND WHEREAS, the Petroleum Product Quality Program entered into by this agreement ensures that petroleum products in Cortland County meet specified quality standards and guards against the sale of inferior products, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized and directed to execute an agreement with the NYS Department of Agriculture and Markets for an annual payment of up to $2,793, for a five year term to begin April 1, 2014 and ending March 31, 2019. AGENDA ITEM NO. 21 – Authorize Agreement with John C Lowery Inc. (CAC) ON MOTION OF BUSHNELL RESOLUTION NO. 232-14 Authorize Agreement with John C Lowery Inc. (CAC) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) 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 CAP through the DA wishes to contract with John C Lowery, Inc. for the acoustical renovations of the CAC’s Interview Room, with funds from the current budget being transferred from one line to another, starting with Step #1 in the amount of $3,850. If the sound transfer is not acceptable after Step #1 is completed, then Step #2 would be added in the amount of $5,885, paid for 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 224 through said NYS OCFS grant, as approved for the current fiscal year, 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 such agreements as are necessary to purchase the needed acoustical renovation and is hereby authorized to approve payment of such amount. Referred from Personnel Committee AGENDA ITEM NO. 22 – Amend 2014 Budget/Transfer Funds Professional Services (Personnel Department) ON MOTION OF PRICE RESOLUTION NO. 233-14 Amend 2014 Budget/Transfer Funds Professional Services (Personnel Department) WHEREAS, due to the increase in the need for Professional Services in 2014, AND WHEREAS, the cost of Professional Services will increase to beyond the budgeted amount causing a deficit in the Professional Services account, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended as follows: Decrease: Expense: Contingency Account A1990554775 $20,000 Increase: Expenses: Professional Services A14305-54055 $20,000 Referred from Budget & Finance Committee AGENDA ITEM NO. 23 – Authorize Contract/Amend Budget - Occupancy Tax Audit (Bonadio & Co. LLP) ON MOTION OF WHITNEY RESOLUTION NO. 234-14 Authorize Contract/Amend Budget - Occupancy Tax Audit (Bonadio & Co. LLP) 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 225 WHEREAS, the County Legislature wishes to continue with the auditing of County Occupancy Tax Collection which commenced in 2013, AND WHEREAS, Bonadio & Co. LLP has submitted a proposal to the County Administrator, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to sign an agreement with Bonadio & Co. LLP, 171 Sully's Trail, Suite 201, Pittsford, NY 14534, to audit the operations of six establishments that collect and submit occupancy tax, for a cost not to exceed $8,500, from Account A64105.54055, AND BE IT FURTHER RESOLVED, that the 2014 Budget be amended as follows: Decrease Expense: A13205.54055 Professional Services $8,500.00 Increase: Revenue A64105.54055 Occupancy Tax Prof. Svc $8,500.00 AGENDA ITEM NO. 24 – Authorize Agreement - Fiscal Advisors (County Administration) ON MOTION OF WHITNEY RESOLUTION NO. 235-14 Authorize Agreement - Fiscal Advisors (County Administration) WHEREAS, Cortland County requires financial planning and document preparation when considering long-term borrowing/bonding, AND WHEREAS, Fiscal Advisors & Marketing, Inc. has provided this services for more than 10 years for Cortland County, AND WHEREAS, as registered Municipal Advisors, Fiscal Advisors is now regulated by the SEC and MSRB, and regulations require a written agreement with each municipality, AND WHEREAS, Fiscal Advisors & Marketing Inc. has provided a proposal for said services, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes and directs the Chair of the Legislature, upon approval of the County Attorney, to execute an agreement with Fiscal Advisors & Marketing Inc., 120 Walton Street, Syracuse, NY, for financial advising and other services, with a fee scheduled based upon the attached proposal. 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, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 226 AGENDA ITEM NO. 25 – Amend Budget – Mc & E/Election Source ON MOTION OF PRICE RESOLUTION NO. 236-14 Amend Budget – Mc & E/Election Source WHEREAS, the Commissioners of the Board of Elections have applied for funding of a grant from the State’s “Shoebox Monies” for 33 bags for the Ballot Marking Devices (Voting Machines), AND WHEREAS, the grant monies have been approved for reimbursement to the Cortland County Board of Elections upon submission to the NYS Board of Elections of a paid invoice, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Increase: Expenses A1450 54005 Supplies + $5,811.52 Revenues A145043 43089 1450 HAVA Revenue + $5,811.52 AGENDA ITEM NO. 26 – Authorize Agreement/Funding Business Development Corporation ON MOTION OF WHITNEY RESOLUTION NO. 237-14 Authorize Agreement/Funding Business Development Corporation WHEREAS, it has been the custom and practice of the County to provide funding to the Business Development Corporation to promote and enhance economic development in Cortland County, NOW THEREFORE BE IT RESOLVED, that in the next succeeding four years (January 1, 2015 to December 31, 2018), following the submission of a budget by the Business Development Corporation to the County for review, the County shall fund the Business Development Corporation in the following amounts: RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 227 2015 - $416,791.00 2016 - $423,042.00 2017 - $429,387.00 2018 - $435,827.00 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized and directed to enter into an agreement, upon review and approval by the County Attorney, with the Cortland County Business Development Corporation in accordance with the above. AGENDA ITEM NO. 27 – Change Hours of Operation Treasurers' Office ON MOTION OF WHITNEY RESOLUTION NO. 238-14 Change Hours of Operation Treasurers' Office WHEREAS, The County Treasurers Office is currently open for business from 9:00 AM until 5:00 PM January thru June and September thru December and 8:00 AM until 4:00 PM July and August, AND WHEREAS, the majority of business conducted occurs in the morning with very few customers calling or coming in after 4:00 PM making it more productive to have the office open earlier, AND WHEREAS, the hours of business in the Treasurer’s Office are governed by law unless fixed by the County Legislature, NOW THEREFORE BE IT RESOLVED, that the Treasurers' Office hours be changed, with approval by the County Legislature, from 9:00 AM until 5:00 PM to 8:30 AM until 4:30, beginning September 1, 2014. Resolutions from the Chair AGENDA ITEM NO. 1 – Authorizing the Engagement of Professional Services Following the Executive Session, Ms. Price made a motion to suspend the Rules of Order to vote on the resolution. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Ms. Briggs made a motion to approve the resolution. Second by Mr. Whitney. All members voting in favor; none opposed. The motion was approved. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Kevin Whitney, Legislative District 13 Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 228 ON MOTION OF BRIGGS RESOLUTION NO. 239-14 Authorizing the Engagement of Professional Services WHEREAS, the Personnel Committee has recommended the engagement of certain professional services in an amount not to exceed $10,000.00; NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review of the County Attorney, is hereby authorized to enter into an agreement to engage certain professional services at a total cost not to exceed $10,000.00. Executive Session Mr. Troy made a motion to go into Executive Session to discuss the employment history of a County employee. Second by Mr. Whitney. All members voting in favor; none opposed. The motion was approved. Announcements Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, August 28, 2014 6:00 PM Board Room Public Hearing Public Hearing- Local Law No. 16 of 2014 - Amending Law No. 1 for the Year 2008 Which Established a Plan of Mutual Self-Insurance Ms. Briggs opened the public hearing. Deputy Clerk Karen Howe read the legal notice for the public hearing. As there was no one who wished to speak, the Public Hearing was closed. Salute to the Flag Roll Call PRESENT: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink RESULT: ADOPTED [16 TO 1] MOVER: Susan Briggs, Chair SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink NAYS: Newell Willcox Jr. ---PAGE BREAK--- 229 ABSENT: Cobb (Excused), Whitney (Excused) Others in Attendance Ms. Briggs announced that Legislative Clerk Jeremy Boylan was on vacation and Ms. Howe was acting his place. Mr. Murphy was excused from the meeting due to a death in the family. Ms. Briggs asked the Legislature to stand for a moment of silence in honor of Sheriff's Officer K-9 "Right" who died this week. Approval of Minutes Cortland County Legislature - Legislative Session - Jul 24, 2014 6:00 PM Privilege of the floor There was no one who wished to speak during privilege of the floor. Proclamations & Recognitions Ms. Howe read a recognition in honor of the Little York Garden Club, which was presented to club representatives by Ms. Briggs. Ms. Howe read a proclamation declaring Suicide Prevention Week in Cortland County. Mr. Troy presented the proclamation to the Mental Health Department's Garra Lloyd Lester and Jeanette Dippo. Presentation of Petitions, Communications, and Notice Receive and File Recieve & File - 2013-2014 Mortgage Tax Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business RESULT: APPROVED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 230 New Business Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Appoint/Re-Appoint Members Cortland County Youth Bureau ON MOTION OF BRIGGS RESOLUTION NO. 240-14 Appoint/Re-Appoint Members Cortland County Youth Bureau WHEREAS, a vacancy exists on the Cortland County Youth Bureau Board of Directors due to the resignation of Calvin Taylor, and additional seats on the board have not been filled, NOW THEREFORE BE IT RESOLVED, that the following are hereby are appointed to the Cortland County Youth Board, to serve without compensation for the following terms. NAME/REPRESENTING ADDRESS TERM EXPIRES Robin C. Ferri 1251 Muster Road, Marathon 12/31/2017 Diane Ferri 1251 Muster Road, Marathon 12/31/2017 Noah Kilmer/ Youth Rep. 98 Main Street, Homer, NY 12/31/2017 Referred from Building & Grounds Committee AGENDA ITEM NO. 2 – Award Copier Lease (Information Technology) ON MOTION OF WHEELOCK RESOLUTION NO. 241-14 Award Copier Lease (Information Technology) WHEREAS, the County’s current copier lease is due to expire September 30th 2014, AND WHEREAS, the Information Technology Department solicited for written quotations for proposals to lease copiers: RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 231 Copier Lease BIDDERS BID Xerox $7,737.47/month Office Equipment Source 227 Water Street Elmira, New York 14901 Ricoh $5,296.45/month 5010 Campuswood Dr., Suite 1 East Syracuse, New York 13057 Toshiba $4,845.10/month 6800 Old Collamer Road East Syracuse, New York 13075 Usherwood $6,245.77/month 1005 West Fayette Street Syracuse, New York 13204 Eastern $6,405.53/month 111 Grant Avenue, Suite 102 Endicott, New York 13760 , AND WHEREAS, the lowest responsible proposal received for a Copier Lease was from Toshiba, 6800 Old Collamer Road., East Syracuse, New York 13057, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from appropriate departmental accounts, 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 Toshiba, 7037 Fly Rd., East Syracuse, NY 13057, with a lease term of forty-eight (48) months at a rate of $4,845.10 per month. AGENDA ITEM NO. 3 – Amend 2014 Budget Computer Hardware Information Technology ON MOTION OF WHEELOCK RESOLUTION NO. 242-14 Amend 2014 Budget Computer Hardware Information Technology WHEREAS, there is left over money in the Personnel line of the IT budget due to the delay in hiring, advertising for the positions and interviews, of two positions until April 1st, 2014, AND WHEREAS, Microsoft has ended support including security updates for its Windows XP operating system, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 232 WHEREAS, the County still has approximately 200 computers running this operating system that cannot be upgraded due to the age of the computer hardware, AND WHEREAS, Information Technology would use this money to purchase new computers for various departments, NOW THEREFORE BE IT RESOLVED, the 2014 County Budget is hereby amended as follows; Decrease A1680.1005 Personnel Services $20,000 Increase A1680.52060 Computer Hardware $20,000 AGENDA ITEM NO. 4 – Renew/Authorize Agreement Cortland County/Energy Curtailment Specialist, Inc. Buildings & Grounds ON MOTION OF WHEELOCK RESOLUTION NO. 243-14 Renew/Authorize Agreement Cortland County/Energy Curtailment Specialist, Inc. Buildings & Grounds WHEREAS, Energy Curtailment Specialists, Inc. has submitted a proposal to participate in the “Power Pay! New York program, which will pay the County $10.00 per kW reduced from the grid by using the County generators twice per year, with potential bonus payments for “events”, AND WHEREAS, the original Contract# 275-10 authorized by Resolution# 226-10 is in need of renewal, AND WHEREAS, the Buildings & Grounds Committee has reviewed and approved said renewal, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to renew the agreement in PowerPay! New York Program offered by Energy Curtailment Specialists, Inc., 4455 Genesee Street, Buffalo, NY, 14225 for a period of three years through the year 2018. Referred from Highway Committee AGENDA ITEM NO. 5 – Approve the Granting of a Permanent Easement to the Town of Cortlandville Fercor Drive Cortland County Airport/Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 233 ON MOTION OF BOYDEN RESOLUTION NO. 244-14 Approve the Granting of a Permanent Easement to the Town of Cortlandville Fercor Drive Cortland County Airport/Highway Department WHEREAS, as part of the County of Cortland’s efforts to comply with FAA mandated obstruction mitigation at Cortland County Airport, it is now necessary to relocate the snowplow turn-around that currently exists on Airport Property at Fercor Drive, a Town of Cortlandville highway, AND WHEREAS, the County of Cortland desires to construct a relocated snowplow turnaround on Fercor Drive for the Town of Cortlandville using existing Federal Aviation Administration (FAA) grant funding, AND WHEREAS, to accomplish said construction and accommodate the future use of said relocated snowplow turn-around, it is necessary to grant a Permanent Easement to the Town of Cortlandville without relinquishing the County’s rights, title and interest of and to this specific parcel of land, for town use of said snowplow turn-around during the town’s snow and ice removal operations, said Permanent Easement covering a total of 0.0825 acres of land, more or less, AND WHEREAS, FAA approval is required prior to the County granting said Permanent Easement for said use, said FAA approval has been requested in writing by the County of Cortland, AND WHEREAS, the Highway Committee has recommended that said Permanent Easement be granted to the Town of Cortlandville without relinquishing the County’s rights, title and interest of and to this specific parcel of land, pending FAA approval of same, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby approves said Permanent Easement to the Town of Cortlandville, a municipal entity in the State of New York, without relinquishing the County’s rights, title and interest of and to this specific parcel of land, pending FAA approval of same, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, be and hereby is authorized to execute said Permanent Easement, pending FAA approval of same, AND BE IT FURTHER RESOLVED, that the County Attorney be, and hereby is authorized and directed to file said executed Permanent Easement at the office of the Cortland County Clerk. Referred from Health & Human Services Committee AGENDA ITEM NO. 6 – Accept Funds Health Department/Jacobus Center for Reproductive Health (Family Planning Program) Cost of Living Adjustment (COLA) RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 234 ON MOTION OF PRICE RESOLUTION NO. 245-14 Accept Funds Health Department/Jacobus Center for Reproductive Health (Family Planning Program) Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded an additional $29,472 in the form of a Cost of Living Adjustment to the Family Planning 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 Family Planning Program, AND WHEREAS, $29,472 for the period of 4/01/2014-3/31/2015, needs to be added in the 2014 County Budget Revenue Account A403543.43489. Funds are already reflected in the 2014 County Budget Expenditure Accounts A40355.58020-58065 $4,480 (Fringe), NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A403543.43489 Family Planning State Aid $29,472 Increase: Expenditure: A40355.52060 Computer Equipment $ 995 A40355.54004 Software $ 1,730 A40355.54035 Education & Training $ 1,896 A40355.54006 Medical Supplies $20,371 AGENDA ITEM NO. 7 – Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant ON MOTION OF PRICE RESOLUTION NO. 246-14 Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 235 Dept. $39,165 for the period of 10/01/14 – 09/30/15 to continue the Lead Poisoning Prevention Program, AND WHEREAS, these funds will be used to support and enhance local efforts to reduce the prevalence of elevated blood lead levels in children under six years of age through implementation of a comprehensive program of primary and secondary prevention which includes: public and professional outreach and education, collaboration with local primary care providers; screening, diagnostic evaluation, medical management and education and environmental interventions, AND WHEREAS, these funds are in the 2014 budget in Accounts A40115-A40125.51005 $24,519 (Personnel), A40115.58020-58065 $14,646 (Fringe), and A401143.43450.4033 $39,165 (Lead Revenue), 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. 8 – Authorize Agreement Health Department/Children with Special Needs Division (Software Pre-K) ON MOTION OF PRICE RESOLUTION NO. 247-14 Authorize Agreement Health Department/Children with Special Needs Division (Software Pre-K) WHEREAS, the Cortland County Health Department’s Pre-K Program is required to enter student data to meet State Regulations and to expedite billing and subsequent reimbursement from the State Education Department, AND WHEREAS, Cortland County Health Department currently utilizes software from James McGuinness & Associates, Inc. for this purpose, AND WHEREAS, Cortland County Health Department desires to continue contracting for maintenance and support of said software with James McGuinness & Associates, Inc., at a maintenance cost of $550 per month, plus an hourly rate for consultation of up to $150 per hour, for the period July 1, 2014 through June 30, 2016, AND WHEREAS, this agreement shall include a ninety day extension clause, allowing the respective agreement to be extended until September 30, 2016, if a successor agreement is not executed by June 30, 2016, AND WHEREAS, this expense is budgeted in accounts: A 29605.54015 Maintenance A 29605.54055 Professional Services RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 236 , 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 an agreement with James McGuinness & Associates, Inc., 1482 Erie Blvd, Schenectady, NY, 12305. AGENDA ITEM NO. 9 – Authorize Various Agency Contracts for 2015 ON MOTION OF PRICE RESOLUTION NO. 248-14 Authorize Various Agency Contracts for 2015 WHEREAS, the Cortland County Mental Health Clinic would like to contract with the agencies listed below, AND WHEREAS, funds have been requested in the 2015 budget to cover the costs associated with the contracts, 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 2015 for or with the following: Ability Network, Inc. Abel Screening Inc. Accumedic ASI of Cortland, LLC Bonadio Group Callpointe, Inc. Catholic Charities of Cortland County Cortland Enlarged City School District Cortland Regional Medical Center Cortland County Department of Social Services Docutrac Empire Interpreting Service Family Counseling Services of Cortland County, Inc. Franziska Racker Centers, Inc. Kinney Management Services J.M. Murray Madison-Cortland ARC Mental Health Association New York State Conference of Local Mental Hygiene Directors, Inc. New York State Office of Mental Health RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 237 Sentry Alarms Sweeney’s Pest Control AGENDA ITEM NO. 10 – Authorize Agreement HealtheConnections Mental Health Department ON MOTION OF PRICE RESOLUTION NO. 249-14 Authorize Agreement HealtheConnections Mental Health Department WHEREAS, New York State is promoting the utilization of Regional Health Information Organizations to develop and enable interoperable health information processes with the overall mission to improve health care quality through the use of information technology, AND WHEREAS, the Health Advancement Collaborative of Central New York, Inc., a New York not- for-profit corporation, d/b/a "HealtheConnections" has been designated by New York State as the Regional Health Information Organization covering Cortland County, AND WHEREAS, the Cortland County Mental Health Department wishes enter in to an updated participation agreement with HealtheConnections that will satisfy the requirements of the federal "HIPPA Omnibus Rule", and include authorization for the newly developed Statewide Health Information Network of New York (SHIN-NY), AND WHEREAS, there are no fees or charges to participating organizations to access HealtheConnections at this time, NOW THEREFORE BE IT RESOLVED, the Chairperson of the County Legislature, upon review and approval by the County Attorney, and subject to the approval of the legislature, is authorized to sign a Participation Agreement with HealtheConnections to be registered with the Regional Health Information Organization as a data recipient. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 11 – Consulting Services - Emergency Management ON MOTION OF BUSHNELL RESOLUTION NO. 250-14 RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 238 Consulting Services - Emergency Management WHEREAS, 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, these consulting services are covered by grant funding received by Cortland County for Training, Exercise and Governance SOP development of the 2012 grant award of Round Two of the New York State - Statewide Interoperable Communications Grant (SICG), AND WHEREAS, Witt O’Briens and Tetra Tech have responded to the RFP, AND WHEREAS, the Emergency Response & Communications Department has reviewed all proposals and recommends Witt O’Briens, NOW THEREFORE BE IT RESOLVED, That Witt O’Briens provide consulting services in accordance with the RFP and be funded from Account # H30205.54035.1682 for and amount not to exceed $104,868.00, 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’Briens at a cost not to exceed $104,868.00 be paid from account # H30205.54035.1682. AGENDA ITEM NO. 12 – Amend Agreement Contract 360-12 and Resolution 288-12 Siemens Industry, Inc. ON MOTION OF BUSHNELL RESOLUTION NO. 251-14 Amend Agreement Contract 360-12 and Resolution 288-12 Siemens Industry, Inc. WHEREAS, the Buildings & Grounds Department has solicited, received and reviewed proposals from qualified firms for the preventative maintenance of generators under Legislative resolution 288-12 and legislative contract 360-12, AND WHEREAS, Siemens Industry, Inc., 85 Northpointe Parkway, Ste. 8, Amherst, N.Y. 14228 was the bidder awarded the original contract that runs through 2017, AND WHEREAS, the Department of Emergency Response and Communications has added 6 additional tower sites that have generator backup equipment, AND WHEREAS, Siemens Industry, Inc. has offered the following contract amendment with the following price additions to the Department of Emergency Response & Communications: $3780.00 In 2015; $3893.00 In 2016 and $4010.00 In 2017, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Sandra Price, Minority Leader AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 239 RESOLVED, that this Legislature hereby authorizes the Chairman of this Legislature, upon approval of the County Attorney, to enter into an amendment to the original agreement with Siemens Industry, Inc. for the additional sums previously identified for the years 01/01/2015 through 12/31/2017 whereas the additional contract amendment will be funded from Account No. A30205-54015, Maintenance Agreements & Repairs, to perform preventative maintenance on the standby generators at the Lapeer, Cortlandville, Cuyler, Solon, Preble, Cincinnatus, & Taylor radio towers. AGENDA ITEM NO. 13 – 911 Recorder Contract ON MOTION OF BUSHNELL RESOLUTION NO. 252-14 911 Recorder Contract WHEREAS, the maintenance agreement on the recorder (1 pc DI Reliant CS7HD6VD2SAL96) in the 911 Center's Dynamic Instruments equipment will expire on August 31, 2014, AND WHEREAS, the cost of such maintenance agreement is $5,930.00 annually, for the period of September 1, 2014 through August 31, 2015, 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 and agreement with AAT Communications Systems Corporation at a cost not to exceed $5,930.00 be paid from Account A30255-54050 Equipment Maintenance and Repairs. AGENDA ITEM NO. 14 – Accept 2014 NYS Homeland Security Funds Emergency Communication Director Scott Roman said camera equipment will be added to the new tower sites for security purposes. He said the grant guidelines are quite specific as to what type of projects may be funded with this money. ON MOTION OF WHITNEY, BUSHNELL RESOLUTION NO. 253-14 Accept 2014 NYS Homeland Security Funds WHEREAS, Cortland County has been awarded $42,000.00 in a grant from the New York State Department of Homeland Security and Emergency Services Office of Interoperable and RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 240 Emergency Communications, AND WHEREAS, the grant guidance requires that the funds be used for the protection of critical communications infrastructure, AND WHEREAS, the grants funds were previously included in the 2014 budget of the County, 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. AGENDA ITEM NO. 15 – Accept 2014 Wireless 911 Grants Funds Amend 2014 Budget Department of Emergency Response & Communications ON MOTION OF WHITNEY, BUSHNELL RESOLUTION NO. 254-14 Accept 2014 Wireless 911 Grants Funds Amend 2014 Budget Department of Emergency Response & Communications WHEREAS, Cortland County has been awarded $25,043.00 in a grant from the New York State Department of Homeland Security and Emergency Services Office of Interoperable and Emergency Communications, AND WHEREAS, the funding source of this grant is wireless 911 surcharge monies, AND WHEREAS, the grant guidance requires that the funds be used for maintenance or repair of existing equipment in support of handling wireless 911 calls, 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, AND BE IT FURTHER RESOLVED, that the 2014 County Budget is hereby amended to: Increase Revenue: A302043-43306-3414 2014 Wireless 911 Grant Funds $25,043.00 Increase Expense: A30205- 52060 Computer Equipment $9,000.00 A30205-54050 Equipment Maintenance & Repair $16,043.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 241 Referred from Personnel Committee AGENDA ITEM NO. 16 – Amend Budget - Board of Elections ON MOTION OF PRICE RESOLUTION NO. 255-14 Amend Budget - Board of Elections WHEREAS, the grant monies have been approved for Reimbursement to the Cortland County Board of Elections Upon Submission to the NYS Board of Elections of Paid Invoices, AND WHEREAS, the County Administrator Approved Travel Requests to Attend Necessary Training for Voting Machine Technicians, AND WHEREAS, Technical Training - Level 1 and 2 Held in Seneca County on August 5 - 7, 2014 is Completed, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Increase: Expense: A1450 54035 1450 Education & Training + $4,000.00 A1450 51010 54 Machine Techs + $1,650.00 A1450 54065 Equip/Rent Leases + $141.04 Revenue: A145043 43089 1450 HAVA Revenue + $5,791.04 AGENDA ITEM NO. 17 – Agreement Between the County of Cortland And the CSEA, Local 1000, AFSCME, AFL-CIO-Unit 665002, Cortland County Local 812 Effective January 1, 2015 to December 31, 2018 Mr. Willcox said he is opposed to any contract that rewards poor-performing employees equally with the "best" employees. ON MOTION OF PRICE RESOLUTION NO. 256-14 Agreement Between the County of Cortland And the CSEA, Local 1000, AFSCME, AFL- CIO-Unit RESULT: ADOPTED [14 TO 1] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink NAYS: Newell Willcox Jr. EXCUSED: Amy Cobb, Kevin Whitney RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 242 665002, Cortland County Local 812 Effective January 1, 2015 to December 31, 2018 WHEREAS, the 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 665002, Cortland County Local 812, ratified the contract on August 19, 2014, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature approves the attached contract. AGENDA ITEM NO. 18 – Authorize Agreement / Dermody Burke &Brown Deferred Compensation Audit ON MOTION OF PRICE RESOLUTION NO. 257-14 Authorize Agreement / Dermody Burke &Brown Deferred Compensation Audit WHEREAS, the NYS Compensation Board requires that an annual audit be performed on the Cortland County Deferred Compensation Plan, AND WHEREAS, Dermody, Burke and Brown have performed said audit for the years, 2010, 2011 and 2012, AND WHEREAS, the cost of the audit will be covered by the County's Deferred Compensation Provider, AND WHEREAS, the Personnel Committee recommends that Dermody, Burke and Brown conduct the audit for the year ending 2013, 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 Dermody, Burke and Brown for an audit for fiscal year 2013 for a cost not to exceed $7,300.00 plus expenses to be paid out of account #A1430 54055. Referred from Budget & Finance Committee AGENDA ITEM NO. 19 – Adopt Local Law No. 16 of 2014 Amending Law No. 1 for the Year 2008 Which Established a Plan of Mutual Self-Insurance for Worker’s Compensation; Amend Rules And Regulations and Apportionment Mr. Denkenberger said this change allows for any annual overage to be split evenly between all participating agencies, and that a more fair formula should be used in determining how the overage will be RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 243 paid. ON MOTION OF WHITNEY RESOLUTION NO. 258-14 Adopt Local Law No. 16 of 2014 Amending Law No. 1 for the Year 2008 Which Established a Plan of Mutual Self-Insurance for Worker’s Compensation; Amend Rules a nd Regulations and Apportionment WHEREAS, Local Law No. 1 of 2008 Established the Rules and Regulations and Apportionment for the County's Plan of Mutual Self-Insurance for Worker's Compensation, AND WHEREAS, in some instances municipalities have exceeded the annual assessment, thus causing excessive costs to be covered by the County, AND WHEREAS, The Budget & Finance Committee recommends amending the Local Law to allow all participating municipalities to share equally in the cost of any costs that exceed the established assessments, AND WHEREAS, the proposed local law has been on Legislators desks for the required seven days, and a Public Hearing was held August 28, 2014, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts Local Law No. 16 of 2014 as follows: WHEREAS, Cortland County adopted Local Law No. 1 of 1956 establishing a plan of self- insurance as provided for under Article 5 of the New York State Workers’ Compensation Law, AND WHEREAS, various amendments to the original law have occurred over the past 52 years resulting in some inconsistencies in language, AND WHEREAS, the Cortland County Legislature wishes to codify these changes and provide for a limit on the overall obligations of any one participating municipality based upon their ability to tax, NOW THEREFORE, BE IT ENACTED, by the County Legislature of the County of Cortland, as follows: Section 1. Created. The plan of self-insurance previously created by Cortland County as provided for in Article 5 of the Workmen’s Compensation Law is hereby continued as prescribed herein and shall be known from this point forward by the name of “Cortland County Self-Insured Workmen’s Compensation Plan.” Section 2. Administered. RESULT: ADOPTED [13 TO 2] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Price, Wagner, Sudbrink NAYS: Newell Willcox Jr., James Denkenberger EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 244 The plan of self-insurance hereby established shall be administered by the County Administrator 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 Administrator, 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: A. Participants shall cooperate fully with the County Administrator in the administration of the plan, and shall prepare and file with the County Administrator such reports and information as may, from time to time, be requested. B. Reports of accidents shall be filed within three days 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. ---PAGE BREAK--- 245 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 Administrator, 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 Administrator, 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 Administrator, 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 to be generated. The County Administrator 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 ---PAGE BREAK--- 246 in such notice not later than 30 days after commencement of such participant’s next fiscal year. Section 7. Limits on Apportionment. For the purposes of limiting the exposure to a participant for any extraordinary costs that may arise in a given year, participant’s assessments shall be limited in accordance with the following schedule which is designed to limit the taxable impact of catastrophic claims on the participant. A participant shall be categorized by the municipality’s taxable value. The participant’s annual assessment shall be limited to the maximum established assessment for each category plus a portion of any and all assessments exceeding the maximum assessment which shall be distributed equally among all participants. 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 Administrator, 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 no affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. This local law shall take effect immediately. ---PAGE BREAK--- 247 AGENDA ITEM NO. 20 – SEQR Determination - TC3 Capital Improvement Project ON MOTION OF WHITNEY RESOLUTION NO. 259-14 SEQR Determination - TC3 Capital Improvement Project WHEREAS, the County of Cortland, New York (the “County”), is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8- 0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”), AND WHEREAS, the County is considering the adoption of a bond resolution to authorize the issuance of bonds and/or notes of the County to finance, in part, a capital improvement project at Tompkins- Cortland Community College (“TC3”) consisting of reconstruction of certain existing student enrollment space, administrative space, parking lot areas and related drainage improvements, as well construction of certain additional classroom space (collectively, the “Project”) , AND WHEREAS, the Project does not contemplate the expansion of TC3’s facilities by 10,000 square feet of gross floor area or more, AND WHEREAS, a short form Environmental Assessment Form dated July 14, 2014, a copy of which is attached hereto as Exhibit A, was prepared by TC3’s Director of Facilities, Buildings and Grounds to facilitate a review of the potential environmental impacts of the Project, AND WHEREAS, the County’s Administration has reviewed the scope of the Project and has advised the County that the Project constitutes an Type II Action as that term is defined in Part 617.2 of the Regulations, AND WHEREAS, the Legislature of the County has carefully considered the nature and scope of the Project as set forth in the EAF, has carefully reviewed the classifications of actions contained in the Regulations together with the recommendations provided by the County’s Administration, AND BE IT RESOLVED by this County Legislature, as follows: Section 1. The County hereby determines that hereby determines that the Project constitutes a Type II Action pursuant to Part 617.5(c)(2) and of the Regulations and as such is not subject to review under SEQRA. Section 2. This Resolution shall take effect immediately. AGENDA ITEM NO. 21 – Bond Resolution Authorizing the Issuance of Up to $1,339,500 Serial Bonds and Notes of the County of Cortland, New York to Pay to Pay a Portion of the Cost of Facility and Infrastructure Improvements at Tompkins-Cortland Community College RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 248 Ms. Briggs explained that TC3 cannot bond, so the sponsor counties are bonding on their behalf. The County will be paying for the finance costs. ON MOTION OF WHITNEY RESOLUTION NO. 260-14 Bond Resolution Authorizing the Issuance of Up to $1,339,500 Serial Bonds and Notes of the County of Cortland, New York to Pay to Pay a Portion of the Cost of Facility and Infrastructure Improvements at Tompkins-Cortland Community College WHEREAS, the County of Cortland, New York, (the “County”) is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8- 0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”); and WHEREAS, the County is considering authorizing the issuance of bonds and/or notes of the County to finance, in part, a capital improvement project at Tompkins-Cortland Community College (“TC3”) consisting of reconstruction of certain existing student enrollment space, administrative space, parking lot areas and related drainage improvements, as well construction of certain additional classroom space (collectively, the “Project”); and WHEREAS, by adoption of a resolution at this meeting, the County has determined that the Project constitutes a Type II Action pursuant to Part 617.5(c)(2) and of the Regulations and as such is not subject to review under SEQRA; and WHEREAS, it is now desired to authorize the undertaking and financing of the Project, now therefore be it: RESOLVED, on recommendation of the Budget and Finance Committee, the County Legislature of the County of Cortland, New York, (by favorable vote of not less than two thirds of said County Legislature) determines as follows: Section 1. That for the class of objects or purposes of paying a portion of the cost of a capital improvement project at Tompkins-Cortland Community College (“TC3”) consisting of reconstruction of certain existing student enrollment space, administrative space, parking lot areas and related drainage improvements, as well construction of certain additional classroom space, and all other necessary costs incidental to such work, including related construction, demolition, renovations, site improvements, original furnishings, fixtures, and equipment required for such purposes, architectural and engineering fees, and all other cost incidental to such work, there are hereby authorized to be issued up to $1,339,500 serial bonds of the County of Cortland, New York, pursuant to the provisions of the Local Finance Law. Undertaking the Project is hereby approved. Section 2. That the maximum estimated cost of the aforesaid class of objects or purposes is $7,050,000 and that the plan for the financing thereof is by the issuance by the County of up to RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 249 $1,339,500, or such amount less than $1,339,500 as may be necessary, of serial bonds authorized pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. It is anticipated that $2,185,500 will be contributed towards the cost of the aforesaid class of objects or purposes by the County of Tompkins, New York and $3,525,000 will be contributed towards the cost of the aforesaid class of objects or purposes by the State of New York to finance the balance of the $7,050,000 maximum estimated cost. Section 3. That the period of probable usefulness of the aforesaid class of objects or purposes is twenty-five years under subdivision 12 of paragraph a. of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. That subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond-anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form, and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 5. That the full faith and credit of said County of Cortland, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such 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 annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. That such bonds shall be in fully registered form and shall be signed in the name of the County of Cortland, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the County Clerk. Section 7. That the powers and duties of advertising such bonds for sale, conducting the sale, and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. The County Treasurer is hereby further authorized to execute and deliver all additional certificates, instruments and documents and to do all other acts as may be necessary, or in the opinion of the County Treasurer, desirable or proper to effectuate the purposes of this Bond Resolution. Section 8. That all other matters, except as provided herein relating to such bonds including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Treasurer, providing ---PAGE BREAK--- 250 for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities, and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Treasurer. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial 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. Such bonds shall contain substantially 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 52.00 of the Local Finance Law, as the County Treasurer shall determine. Section 9. That the temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised, or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 2 of this resolution shall be from the County’s General Fund. It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the County’s “official intent” within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. That the validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) 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 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. That this resolution, which takes effect immediately, shall be published in full in The Cortland Standard, the official newspaper of said County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. AGENDA ITEM NO. 22 – Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office ---PAGE BREAK--- 251 ON MOTION OF WHITNEY RESOLUTION NO. 261-14 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 payments to each of the several tax districts within the County of Cortland of mortgage tax monies as shown below: Mortgage Tax Apportionment between Towns, and Villages therein. Apportionment is based upon the taxable assessed valuation of these towns and villages. Oct 1, 2013 - March 31, 2014 Cortlandville Village of McGraw $1,199.14 Village of Homer $186.10 Town of Cortlandville $52,177.91 $53,563.15 Homer Village of Homer $10,292.90 Town of Homer $37,922.45 $48,215.35 Marathon Village of Marathon $1,393.80 Town of Marathon $6,133.86 AGENDA ITEM NO. 23 – Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing Issuance of $1,417,500 Bonds of the County of Cortland to Pay to Pay a Portion of the Cost of Reconstruction and Improvements to the Little York Dam Located Within the County RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 252 ON MOTION OF WHITNEY RESOLUTION NO. 262-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing Issuance of $1,417,500 Bonds of the County of Cortland to Pay to Pay a Portion of the Cost of Reconstruction and Improvements to the Little York Dam Located Within the County WHEREAS, the Legislature of the County of Cortland, New York (“County”) has identified the need for reconstruction and construction of improvements to Little York Dam located within the County (the “Project”); and WHEREAS, the Project shall involve no substantial changes to the existing structures and consists entirely of replacement, rehabilitation or reconstruction of existing structures, in kind, on the same site; and WHEREAS, the County is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”); and NOW, THEREFORE BE IT RESOLVED ON AUGUST 28, 2014 BY THE COUNTY LEGISLATORS OF CORTLAND COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Legislature), AS FOLLOWS: Section 1. The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a “Type II Action” under the 6 § 617.5(c)(1) and of the Regulations and is not subject to review under SEQRA. Section 2. For the class of object or purpose of undertaking reconstruction and construction of improvements to Little York Dam located within the County, including all related construction, renovations, site improvements, furnishings, fixtures and equipment required for such purposes, environmental studies, architectural, legal and engineering fees, and all other necessary costs incidental to such work, in and for the County, there are hereby authorized to be issued up to $1,417,500 bonds and notes, including renewal thereof, of the County pursuant to the provisions of the Local Finance Law. Undertaking the reconstruction and construction of improvements to Little York Dam is hereby approved. Section 3. It is hereby determined that the maximum estimated cost of the class of objects or purposes of the Project is $1,417,500 and that the plan for the financing thereof is by the issuance of up to $1,417,500 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 253 Section 4. The faith and credit of the County are hereby irrevocable pledged for the payment of the principal of and interest on such 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 obligations becoming due and payable in such years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. All the taxable real property within the County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially 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 consistent with the provisions of the Local Finance Law. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such 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 8. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 9. The following additional matters are hereby determined and declared: Pursuant to subdivision 3 paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the Project is 30 years; and Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and The County reasonably expects to reimburse itself for expenditures made out of the County’s General Fund for the Project from the proceeds of the bonds or notes herein authorized. ---PAGE BREAK--- 254 This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1.150-2. The bonds authorized herein are not being issued for an assessable improvement Section 10. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or 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 11. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the Cortland Standard the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. AGENDA ITEM NO. 24 – Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Culverts in and for the County of Cortland, New York, at a Maximum Estimated Cost of $1,167,075, and Authorizing the Issuance of Up to $1,167,075 Bonds of Said County to Pay the Cost Thereof ON MOTION OF WHITNEY RESOLUTION NO. 263-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Culverts in and for the County of Cortland, New York, at a Maximum Estimated Cost of $1,167,075, and Authorizing the Issuance of Up to $1,167,075 Bonds of Said County to Pay the Cost Thereof WHEREAS, the Legislature of the County of Cortland, New York (“County”) has identified the need for reconstruction and construction of improvements to various culverts located within the County (the “Project”); and WHEREAS, the Project shall involve no substantial changes to the existing structures and consists entirely of replacement, rehabilitation or reconstruction of existing structures, in kind, on the RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 255 same site; and WHEREAS, the County is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”); and NOW, THEREFORE BE IT RESOLVED ON AUGUST 28, 2014 BY THE COUNTY LEGISLATORS OF CORTLAND COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Legislature), AS FOLLOWS: Section 1. The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a “Type II Action” under the 6 § 617.5(c)(1) and of the Regulations and is not subject to review under SEQRA. Section 2. For the class of object or purpose of undertaking reconstruction and construction of improvements to various culverts located within the County, including all related construction, renovations, site improvements, furnishings, fixtures and equipment required for such purposes, environmental studies, architectural, legal and engineering fees, and all other necessary costs incidental to such work, in and for the County, there are hereby authorized to be issued up to $1,167,075 bonds and notes, including renewal thereof, of the County pursuant to the provisions of the Local Finance Law. Undertaking the reconstruction and construction of improvements to various culverts located within the County is hereby approved. Section 3. It is hereby determined that the maximum estimated cost of the class of objects or purposes of the Project is $1,167,075 and that the plan for the financing thereof is by the issuance of up to $1,167,075 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. The faith and credit of the County are hereby irrevocable pledged for the payment of the principal of and interest on such 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 obligations becoming due and payable in such years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. All the taxable real property within the County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain ---PAGE BREAK--- 256 substantially 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 consistent with the provisions of the Local Finance Law. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such 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 8. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 9. The following additional matters are hereby determined and declared: Pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the Project is 40 years; and Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and The County reasonably expects to reimburse itself for expenditures made out of the County’s General Fund for the Project from the proceeds of the bonds or notes herein authorized. This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1.150-2. The bonds authorized herein are not being issued for an assessable improvement. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or 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 11. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the Cortland Standard the official newspaper of such County, together with a notice of the Clerk of the ---PAGE BREAK--- 257 County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. AGENDA ITEM NO. 25 – Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Bridges in and for the County of Cortland, New York, at a Maximum Estimated Cost of $517,925, and Authorizing the Issuance of Up to $517,925 Bonds of Said County to Pay the Cost Thereof ON MOTION OF WHITNEY RESOLUTION NO. 264-14 Bond Resolution of the County of Cortland, New York, Adopted on August 28, 2014, Authorizing the Reconstruction and Construction of Improvements to Various Bridges in and for the County of Cortland, New York, at a Maximum Estimated Cost of $517,925, and Authorizing the Issuance of Up to $517,925 Bonds of Said County to Pay the Cost Thereof WHEREAS, the Legislature of the County of Cortland, New York (“County”) has identified the need for reconstruction and construction of improvements to various bridges located within the County (the “Project”); and WHEREAS, the Project shall involve no substantial changes to the existing structures and consists entirely of replacement, rehabilitation or reconstruction of existing structures, in kind, on the same site; and WHEREAS, the County is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”); and NOW, THEREFORE BE IT RESOLVED ON AUGUST 28, 2014 BY THE COUNTY LEGISLATORS OF CORTLAND COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Legislature), AS FOLLOWS: Section 1. The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a “Type II Action” under the 6 § 617.5(c)(1) and of the Regulations and is not subject to review under SEQRA. Section 2. For the class of object or purpose of undertaking reconstruction and construction of improvements to various bridges located within the County, including all widening and restoration projects, bridge deck improvements, as well as pavement, sidewalks, curbs, gutters, drainage, landscaping, grading and related construction, renovations, site improvements, furnishings, fixtures and equipment required for such purposes, environmental studies, architectural, legal and engineering fees, and all other necessary costs incidental to such work, in and for the County, there are hereby authorized to be issued up to $517,925 bonds and notes, including renewal thereof, of the County pursuant to the RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 258 provisions of the Local Finance Law. Undertaking the reconstruction and construction of improvements to various bridges located within the County is hereby approved. Section 3. It is hereby determined that the maximum estimated cost of the class of objects or purposes of the Project is $517,925 and that the plan for the financing thereof is by the issuance of up to $517,925 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. The faith and credit of the County are hereby irrevocable pledged for the payment of the principal of and interest on such 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 obligations becoming due and payable in such years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. All the taxable real property within the County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially 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 consistent with the provisions of the Local Finance Law. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such 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 8. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 9. The following additional matters are hereby determined and declared: ---PAGE BREAK--- 259 Pursuant to subdivision 10 paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the Project is 20 years; and Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and The County reasonably expects to reimburse itself for expenditures made out of the County’s General Fund for the Project from the proceeds of the bonds or notes herein authorized. This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1.150-2. The bonds authorized herein are not being issued for an assessable improvement. Section 10. The validity of such bonds and bond anticipation notes may be contested a) Such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or 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 11. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the Cortland Standard the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. AGENDA ITEM NO. 26 – AUTHORIZE AGREEMENT REAL PROPERTY TAX SERVICES (ESRI, Inc.) ON MOTION OF WHITNEY RESOLUTION NO. 265-14 AUTHORIZE AGREEMENT REAL PROPERTY TAX SERVICES (ESRI, Inc.) WHEREAS, Cortland County Real Property Tax Services is in need of ArcGIS software maintenance support for our two licenses with ESRI, Inc., AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 260 WHEREAS, our existing annual maintenance agreement started when we purchased the software at the end of October, 2013, AND WHEREAS, we are desirous of having our annual renewal date begin at the end of January of each succeeding year, AND WHEREAS, a pro-rated agreement has been received from ESRI, Inc. for software maintenance for our two licenses of the GIS software as follows: Terms: November 1, 2014 - January 31, 2015 Payment: $373.04 per license Total Price: $746.08 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. 27 – Amend Petty Cash Resolution 178-11/Authorize Legislature Account ON MOTION OF WHITNEY RESOLUTION NO. 266-14 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 emergency situations, AND WHERAS, 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 2014 Object Department $ Amount 121001 County Clerk 1,300 121002 Probation 300 121004 Sheriff 1,550 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 261 121005 Treasurer 100 121007 Mental Health 125 121008 Health Dept 45 121010 Nutrition 500 121011 Nursing 50 121015 Real Property 25 121016 District Attorney 50 121017 Planning 25 121021 Solid Waste 540 121022 Board of Elections 100 121024 Weights & Measures 280 121026 Social Services 100 121028 Env. Health 150 121035 Jacobus Center 100 121029 County Administrator 100 XXXX County Legislature 200 AGENDA ITEM NO. 28 – Authorize County Attorney to Grant Access Easement at TC3 Mr. Troy made a motion to suspend the Rules of Order to consider the resolution that was not on the agenda. Second by Ms. Price. All members voting in favor; none opposed. The motion was approved. ON MOTION OF BRIGGS RESOLUTION NO. 267-14 Authorize County Attorney to Grant Access Easement at TC3 WHEREAS, Tompkins Cortland Community College (TC3) contracted with SEC LHNY Solar One, LLC, to install a solar array at TC3 to promote the use of non-renewable energy by TC3, AND WHEREAS, SEC LHNY Solar One, LLC, requests an access easement from the sponsoring Counties, AND WHEREAS, TC3 would like the County to accommodate the request, NOW THEREFORE BE IT RESOLVED, that the County Attorney is authorized to grant an access easement to SEC LHNY Solar One, LLC, to build and service the solar array at TC3. [NOTE: No Resolution No. 268-14 was created.] RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Susan Briggs SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Amy Cobb, Kevin Whitney ---PAGE BREAK--- 262 Executive Session Mr. Wagner made a motion to go into Executive Session to discuss a personnel matter. Second by Mr. Bushnell. All members voting in favor; none opposed. The motion was approved. Announcements Ms. Howe said that the County has accepted the resignation of County Administrator Martin Murphy. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Thursday, September 11, 2014 6:00 PM Board Room Salute to the Flag Following the Pledge of Allegiance, Ms. Briggs asked the Legislature to remain standing for a moment of silence in honor of the lives lost in the September 11, 2001 terrorist attacks. Roll Call PRESENT: Troy, Cobb, Bushnell, Snyder, Discenza, Boyden, Willcox Jr., Wheelock, Briggs, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Hartnett (Excused), Knolls (Excused), Steinhoff (Excused) 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 Resolutions AGENDA ITEM NO. 1 – Create Temporary Assistant Budget Officer RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 263 ON MOTION OF WHITNEY RESOLUTION NO. 269-14 Create Temporary Assistant Budget Officer WHEREAS, the needs of the County will be better served by creating one temporary part-time (up to 14 hours/week) position of Assistant Budget Officer, AND WHEREAS, the Budget and Finance Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one temporary part-time (up to 14 hours/week) position of Assistant Budget Officer in the County Administration Department (Management Plan, Grade 5, $57,709 ($31.5867/hr.) - 70,212 (38.4302/hr.), non-competitive class, PJC) be created effective September 11, 2014 until March 11, 2015, unless the County has hired a County Administrator prior to March 11, 2015, AND BE IT FURTHER RESOLVED, that the posting requirement for this vacancy is hereby waived in order to expedite the hiring process and to address the preparation of the 2015 Budget. AGENDA ITEM NO. 2 – Resolution to Approve Project, Authorize Acceptance of Grants Authorize Project, Authorize Engineering Agreement, Authorize Equipment Purchase Snow Removal Equipment Cortland County Airport Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 270-14 Resolution to Approve Project, Authorize Acceptance of Grants Authorize Project, Authorize Engineering Agreement, Authorize Equipment Purchase Snow Removal Equipment 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 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 have offered grants to the County of Cortland for contracts associated with purchase of various Snow Removal Equipment at Cortland County Airport as follows: • 2014 Case 821F Wheel Loader • Henke Model SWL10 Plow / Wing Combo • Henke Model 42R12TTME Tube Table Plow • Smith Mfg. Series IV Sander Body with controls RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Willcox Jr., Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ---PAGE BREAK--- 264 , AND WHEREAS, the County of Cortland desires to a) Support and maintain the Cortland County Airport; b) Provide for the highest possible safety of users engaged in aviation operations including efficient snow and ice control at the Cortland County Airport, AND WHEREAS, purchase of said equipment will remove the need to rent a wheel loader during winter months from the Highway Dept., AND WHEREAS, an engineering agreement for grant administration and equipment certifications is necessary, and the cost associated with said agreement is reimbursable through said grants for this project, AND WHEREAS, the grant funding for said project will be available at participation levels of up to $225,000.00 (90%) Federal, $12,500.00 State, and $12,500.00 Local funding, for a total estimated cost of $250,000.00, AND WHEREAS, the local (County) funding amount of $12,500.00 is already wholly appropriated as part of Account No. A56105.52253 in the 2014 Airport Budget, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby accepts said FAA and NYSDOT grants for purchase of Snow Removal Equipment at Cortland County Airport at aforementioned funding levels, for a total project cost not to exceed $250,000.00, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby approves the engineering contract for grant administration and equipment certifications for this project with McFarland Johnson, Inc., 49 Court Street, P.O. Box 1980, Binghamton, NY 13902 for the amount not to exceed $5,000.00, AND BE IT FURTHER RESOLVED, that Cortland County Legislature hereby approves the purchase of said Snow Removal Equipment at Cortland County Airport using methods approved by the County, FAA and NYSDOT, 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, and all related and necessary documents for a total cost not to exceed $250,000.00, AND BE IT FURTHER RESOLVED, that the Local (County) funding amount of $12,500.00 is hereby authorized to be transferred to the project revenue account from Account No. A56105.52253 in the 2014 Airport Budget, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2014 County Budget as follows to account for said project: Increase: Expenditure: H56105.52253.5627 Snow Removal Equipment $250,000.00 Purchase Expense ---PAGE BREAK--- 265 Increase: Revenue: H561044.44597.5627 Federal Revenue - Snow $225,000.00 Removal Equipment Purchase H561043.43597.5627 State Revenue- Snow Removal Equipment Purchase $12,500.00 H561049.45031.5627 Interfund Transfer Revenue Snow Removal Equipment Purchase $12,500.00 Announcements Ms. Briggs announced that she will appoint Randy Deal as the Assistant Budget Officer. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, September 25, 2014 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Discenza (Excused), Willcox Jr. (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Aug 28, 2014 6:00 PM Privilege of the floor Proclamations & Recognitions Proclaiming Disability Employment Awareness Month Mr. Boylan read the proclamation and Ms. Price presented it to Aaron Baier of Access to Independence. RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 266 Recognizing Courtneyanne Randall as Cortland County Dairy Princess Mr. Boylan read the recognition, and Mr. Denkenberger presented it to Cortland County Dairy Queen Courtney Randall. Presentation of Petitions, Communications, and Notice Presentation from Sheriff's Department K9 Handler Sheriff Lee Price introduced Deputy Sheriff Officer Jason Kemp and K9 Fredy. Drug Use in Cortland County - Lieutenant Todd Caufield Receive and File Receive & File - Annual Independent Audit/Financial Statement (2013) As the document was not yet received, there was no action taken. This will be Received & Filed at the October Session. 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 – Renew Agreement (Buildings and Grounds) Waste Management of New York, LLC ON MOTION OF WHEELOCK RESOLUTION NO. 271-14 Renew Agreement (Buildings and Grounds) Waste Management of New York, LLC WHEREAS, the Buildings and Grounds Committee has solicited RFP’s for trash collection services for Cortland County, AND WHEREAS, Waste Management of New York, LLC, 4521 Steelway Blvd. North, Liverpool, New York, 13090 has provided a proposal for January 1, 2015 through December 31, 2019 as a renewal of the current contract for the following sites: County Office Building 3 x per week County Court House 3 x per week RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 267 County Highway 1 x per week Dwyer Memorial Park 1 x per week (5/1 - 9/30) 37 Church St. 1 x per week 2015 Annual Total $ 12,801.68 2016 Annual Total $ 12,929.62 2017 Annual Total $ 13,058.92 2018 Annual Total $ 13,186.51 2019 Annual Total $ 13,321.40 AND, WHEREAS, Waste Management of New York, LLC has presented the least costly annual fees 2015, 2016, 2017, 2018, and 2019, NOW THEREFORE BE IT RESOLVED, that this Legislature hereby authorizes the Chairman of this Legislature to authorize Waste Management of New York, LLC, to supply trash service for Cortland County from January 1, 2015 through December 31, 2019 upon approval of the County Attorney, AND BE IT FURTHER RESOLVED, that the following amounts be charged to A16205.54625, Garbage Collection. Referred from Health & Human Services Committee AGENDA ITEM NO. 2 – Amend Maintenance Budget ON MOTION OF PRICE RESOLUTION NO. 272-14 Amend Maintenance Budget WHEREAS, the Cortland County Mental Health Clinic and DocuTrac entered into contract #360- 13 for the period December 31, 2013 through December 31, 2014 for $3,830.40 to cover the annual cost of maintenance of the clinics Electronic Health Record system, AND WHEREAS DocuTrac has increased its annual maintenance cost by 5% or $191.52 making the annual cost of maintenance $4,021.92 AND WHEREAS funds budgeted in Personal Services that will not be used due to a vacant Master Social Worker position, will be used to cover the increase in cost, NOW THERFORE BE IT RESOLVED, that the 2014 County Mental Health budget be amended as follows: Increase: Expenses: A43105-54004-4200 Computer Software $191.52 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 268 Decrease: Expenses: A43105 51005-4200 Personal Services $191.52 , AND BE IT FURTHER RESOLVED, that contract #360-13 with DocuTrac be amended to include the increase in maintenance costs. AGENDA ITEM NO. 3 – Additional OASAS Funding Catholic Charities ON MOTION OF PRICE RESOLUTION NO. 273-14 Additional OASAS Funding Catholic Charities WHEREAS, the Cortland County Mental Health Clinic and Catholic Charities entered into contract #019-14 AND WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved one time only funding for Catholic Charities in 2014, in the amount of $2,737.00 for the purchase of kitchen items and linens, NOW THERFORE BE IT RESOLVED, that the 2014 County Mental Health budget be amended as follows: Increase: , AND BE IT FURTHER RESOLVED, that contract #019-14 with Catholic Charities whose terms began December 31, 2013 and ends December 31, 2014 be amended to include the additional funding from New York State Office of Alcoholism and Substance Abuse Services. AGENDA ITEM NO. 4 – Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2014-2015 for the Workforce Investment Act Title 1-B and Wagner Peyser Programs RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. Revenues: A431043 43492 4224 $2,737.00 Expenses: A43105 54870 4224 $2,737.00 ---PAGE BREAK--- 269 ON MOTION OF PRICE RESOLUTION NO. 274-14 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2014-2015 for the Workforce Investment Act Title 1-B and Wagner Peyser Programs WHEREAS, pursuant to the Workforce Investment Act of 1998 (20 USC 9201 et, Seq, Public Law 105-220, 112 Stat.936) a Local Plan is required to be submitted for the Cayuga-Cortland Workforce Investment Area (WIA) for the Title 1-B and Wagner Peyser programs, AND WHEREAS, said Local Plan has been developed and posted for the mandated 30day local public review and comment period AND WHEREAS, said Local Plan must be signed by the Workforce Investment Board Chairman and the Chief Elected Officials in Cayuga and Cortland Counties, AND WHEREAS, said plan is due to be submitted to the New York State Department of Labor by September 30, 2014, AND WHEREAS, this legislature has been informed that there are no local funds involved in the program, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature and Cayuga-Cortland Workforce Investment Board Director, upon review and approval by the County Attorney, be and hereby is authorized and directed to execute the Local Plan for WIA Title 1-b and Wagner Peyser program and related documents. AGENDA ITEM NO. 5 – Amend Budget TANF Domestic Violence Funds Replaces Resolution 225-14 ON MOTION OF PRICE RESOLUTION NO. 275-14 Amend Budget TANF Domestic Violence Funds Replaces Resolution 225-14 WHEREAS, the NYS Office of Children and Family Services has allocated TANF (Temporary Assistance to Needy Families) funds for Non-Residential Domestic Violence Services in an amount greater than anticipated and passed by the Cortland County Legislature in resolution number 225-14 on July 24, 2014, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 270 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, that this resolution replaces resolution number 225-14, AND BE IT FURTHER 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, 2014 through June 30, 2015 with the YWCA in an amount not to exceed $20,500.00, AND BE IT FURTHER RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4693 Admin-Non-Res DV $5,250.00 Revenue: A601044.44689.4693 Fed-Administration $5,250.00 AGENDA ITEM NO. 6 – Authorize Agreement/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program ON MOTION OF PRICE RESOLUTION NO. 276-14 Authorize Agreement/Accept Funds 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. for a Total Contract Amount of $69,194, to continue the Breast and Cervical Cancer Early Detection Program for the period of 6/30/14-6/29/15 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, $69,194 is already in the 2014 County Budget in Expenditure Account A40105.54500.4007 (Medical Fees & Services) and Revenue Account A401043.43450.4007 (HRI Breast), 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. 7 – Authorize Agreements - Area Agency on Aging/Nutrition (Harford, Homer, RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 271 Marathon, McGraw, Truxton and Willet Senior Centers) ON MOTION OF PRICE RESOLUTION NO. 277-14 Authorize Agreements - Area Agency on Aging/Nutrition (Harford, Homer, Marathon, McGraw, Truxton and Willet Senior Centers) WHEREAS, the Towns of Homer and Willet have made available their Town Hall for use as a Senior Center, AND WHEREAS, the Marathon and McGraw Village Boards have made available their Community Center for use as Senior Center, AND WHEREAS, SEPP Corporation has made available space in its Creamery Hills development for use as a Senior Center, AND WHEREAS, the Truxton United Methodist Church has made space available for use as a Senior Center, AND WHEREAS, each entity has agreed to furnish heat, lights and water at its own expense, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County be and hereby is authorized to execute said agreements. AGENDA ITEM NO. 8 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies ON MOTION OF PRICE RESOLUTION NO. 278-14 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on August 15, 2014 for October 1, 2014 through March 31, 2015 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 272 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 Maintenance & Supply, 107 Norris Dr, Suite G, Rochester, NY 14610 Hummel’s Office Plus, 25 Canal St., Mohawk, NY 13407 Oliver Packaging & Equip Co., 3235 Wilson Dr NW, Grand Rapids, MI 49534 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 October 1, 2014 through March 31, 2015. AGENDA ITEM NO. 9 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods ON MOTION OF PRICE RESOLUTION NO. 279-14 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on August 15, 2014 for the period October 1, 2014 through December 31, 2014 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., Inc., 105-125 Washington St., PO Box 520, Utica, NY 13503 US Foods, 755 Pierce Road, Clifton Park, NY 12065 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 273 , 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, 2014 through December 31, 2014. Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 10 – Authorize Amended Agreement NYS DOT Federal Section 5311 Mass Transportation Capital Project, Supplemental Grant Agreement Contract C003761, PIN Numbers 3793.17.302, 3793.18.302, 3794.19.302 and 3794.20.302 Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 280-14 Authorize Amended Agreement NYS DOT Federal Section 5311 Mass Transportation Capital Project, Supplemental Grant Agreement Contract C003761, PIN Numbers 3793.17.302, 3793.18.302, 3794.19.302 and 3794.20.302 Cortland County Planning Department WHEREAS, Resolution 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 WHEREAS, the NY State Department of Transportation is requesting a resolution to indicate 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, 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 New York State Department of Transportation Mass Transportation Capital Agreement, Supplemental Grant Agreement #2 under Contract C003761 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 RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 274 equipment, purchase shop equipment and purchase miscellaneous equipment for a total grant award of $475,000. AGENDA ITEM NO. 11 – Authorize Request for No-Cost Time Extension of Local/Miscellanous Contract - Contract Number C003943, PIN Number 3716.05.002/.08.002 Section 5316 – Job Access and Reverse Commute (JARC) Section 5317 – New Freedom (NF) New York State Department of Transportation (NYSDOT) Cortland County Planning Department ON MOTION OF TROY RESOLUTION NO. 281-14 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract Number C003943, PIN Number 3716.05.002/.08.002 Section 5316 – Job Access and Reverse Commute (JARC) Section 5317 – New Freedom (NF) New York State Department of Transportation (NYSDOT) 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, 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, Resolution 334-13 authorized a Request No Cost Time Extension of Local/ Miscellaneous Contract in May 2014 under Contract Number C003943, PIN Number 3716.05.002/08.002, AND RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 275 WHEREAS, the NY State Department of Transportation approved the Request with a Completion date of 6/30/14, AND WHEREAS, Seven Valley Health Coalition is requesting an additional No Cost Time Extension of Local/Miscellaneous Contract in July 2014 under Contract number C003943, PIN Number 3716.05.002/.08.002 with a completion date of September 30, 2015 from NYS Department of Transportation to budget funding for z-card bus routes/maps, other outreach to improve the image of the public transportation within Cortland County and the operation of eight new flex routes, 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 C003943, PIN number 3716.05.002/.8.002, Section 5316 Job Access and Reverse Commute and Section 5317 New Freedom with a Completion date of September 30, 2015. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 12 – Amend 2014 Budget Sale of Surplus Equipment / Education & Training ON MOTION OF BUSHNELL RESOLUTION NO. 282-14 Amend 2014 Budget Sale of Surplus Equipment / Education & Training WHEREAS, the Department of Emergency Response and Communications sold at auction used equipment that was approved surplus by the county, AND WHEREAS, the sale of this equipment resulted in income of $2725.00, AND WHEREAS, the Department of Emergency Response and Communications would like to use the funds for training of county employees, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended to Increase Revenue: A3020-42665 Sale of surplus equipment $2,725.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 276 Increase Expense: A30205- 54035 Education & Training $2,725.00 AGENDA ITEM NO. 13 – Accept 2014 DHSES Grant Funding for Department of Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 283-14 Accept 2014 DHSES Grant Funding for Department of Emergency Response & Communications WHEREAS, Cortland County has been awarded $45,000.00 in a grant from the New York State Department of Homeland Security and Emergency Services (DHSES) Office, AND WHEREAS, the grant guidance requires that the funds be used for the purchase of technical equipment, 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, AND BE IT FURTHER RESOLVED, that the 2014 County Budget is hereby amended to Increase Revenue: A3020-43306-3014 2014 DHSES Grant $45,000.00 Increase Expense: A30205-52015-2014 Technical Equipment $45,000.00 AGENDA ITEM NO. 14 – Amend 2014 Budget/Transfer Funds Sheriff's Department/Jail (Misc Support Services) ON MOTION OF BUSHNELL RESOLUTION NO. 284-14 Amend 2014 Budget/Transfer Funds Sheriff's Department/Jail (Misc. Support Services) WHEREAS, due to the increase of inmates being boarded out in 2014, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 277 WHEREAS, the cost of Misc. Support services has increased to beyond the budgeted amount causing a deficit in the Misc. Support Services account, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended as follows: Decrease: Contingency Account A1990- 54775 $51,000.00 Increase: Expenses: Jail – Misc Support Services A31505-54083 $51,000.00 AGENDA ITEM NO. 15 – Accept Funds/STOP-DWI Program Sheriff's Department ON MOTION OF BUSHNELL RESOLUTION NO. 285-14 Accept Funds/STOP-DWI Program Sheriff's Department WHEREAS, NYS STOP-DWI Foundation has been 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 receive partial grant monies from the state, NOW THEREFORE BE IT RESOLVED, the 2014 budget is amended to reflect the acceptance of these funds with the following adjustments to the 2014 budget: Increase Revenue A331543-43389-3115 STOP DWI Program $9,071.00 Expense A33155 -54520-3115 STOP DWI/Law Enforcement $9,071.00 AGENDA ITEM NO. 16 – Transfer Funds Treasurers Office Ms. Price made a motion to suspend the Rules of Order to allow for the consideration of two additional resolutions. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 278 ON MOTION OF BRIGGS RESOLUTION NO. 286-14 Transfer Funds Treasurers Office WHEREAS, There has been multiple Bonds and BANS issued in 2014, AND WHEREAS, with each issuance there is a cost for services and disbursements for Bond Council and Fiscal Advisors per Resolution 235-14, AND WHEREAS, these costs have exhausted the budget for these professional services, NOW THEREFORE BE IT RESOLVED, that the sum of $9,075.00 be transferred from A19905 54775, Contingency to A97725 54055 Professional Services to cover the bonding costs. AGENDA ITEM NO. 17 – Authorize Contract/Amend Budget - Public Defender Caseload Reduction Grant ON MOTION OF BRIGGS RESOLUTION NO. 287-14 Authorize Contract/Amend Budget - Public Defender Caseload Reduction Grant WHEREAS, the New York State Office of Indigent Legal Services has awarded the Cortland County Public Defender’s Office $299,529 for the multi-year period from 1/1/14 to 12/31/16, payable $98,048.76 in year 1, $100,739.38 in year 2 and $100,740.26 in year 3 to improve the quality of mandated indigent legal representation and to reduce excessive caseloads, AND WHEREAS, these funds will be used primarily to hire an additional attorney to alleviate the excessive caseload burden within the Public Defender’s Office, and secondarily for client liaison services, AND WHEREAS, the funds are to be distributed as follows: Item Year 2014 Year 2015 Year 2016 Personnel: Attorney (salary and fringe) $84,808.00 $87,499.22 $87,499.50 Client Liaison Specialist (salary and fringe) $13,240.76 $13,240.76 $13,240.76 Subtotal Personnel $98,048.76 $100,739.98 $100,740.26 TOTAL $98,048.76 $100,739.98 $100,740.26 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature upon review and approval of the County Attorney, is hereby authorized and directed to sign an agreement with New York State Office of Indigent Legal Services. RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 279 Executive Session Announcements Ms. Briggs announced that the 2015 budget process in moving forward. She thanked Mr. Deal, and Mr. Mareane of Tompkins County for their work. She said her goal has been get the budget adopted prior to elections, and she believes that is still a possibility. She said Mr. Whitney, Chair of the Budget & Finance Committee, and Mr. Deal, will be providing updates regarding the budget process soon. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, October 23, 2014 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Willcox Jr. (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Sep 25, 2014 6:00 PM Privilege of the Floor Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Receive and File 2013 Annual Independent Audit/Financial Statements - the Bonadio Group Ms. Price made a motion to Receive & File the Annual Independent Audit for Year Ending 2013, and the 2013 Highway/Solid Waste Annual Report. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 280 2013 Highway/Solid Waste 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 Member MH Subcommittee ON MOTION OF PRICE RESOLUTION NO. 288-14 Appoint Member MH Subcommittee WHEREAS, the By-Laws of the Cortland County Mental Health Subcommittee, Article 7, Section 1 states that membership of the organization shall consist of nine members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Subcommittee shall be four years except when completing the term created by member resignation, AND WHEREAS, there is currently a vacancy on the MH Subcommittee due to the resignation of Loreen Geiger, NOW THEREFORE BE IT RESOLVED, that the following appointment be made: NAME/ADDRESS TERM Linda Shutts Expiration: December 31, 2016 PO Box 288 2822 Cincinnatus Rd Cincinnatus NY 13040 AGENDA ITEM NO. 2 – 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 281 This resolution was approved with the required two-thirds vote. ON MOTION OF BRIGGS RESOLUTION NO. 289-14 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 $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 “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 2005 Refunded Bond Certificate (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 maturing in each of the years 2017 to 2028, both inclusive, 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. 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 $7,350,000 refunding serial bonds of the County pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 282 “Public Improvement Refunding Bonds” or the “Refunding Bonds”), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $6,470,000, as provided in Section 4 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 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- 14 (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 4 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 10 hereof relating to approval by the State Comptroller. Section 2. 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 ---PAGE BREAK--- 283 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 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 3. 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 4 hereof. Section 4. The financial plan 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 one series in the principal amount of $6,470,000 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 ---PAGE BREAK--- 284 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 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 5. 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 6. 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 7. 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. ---PAGE BREAK--- 285 Section 8. 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 “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 9. 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 4 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 10. The Refunding Bonds shall be sold at public competitive sale or at private sale to an investment bank to be selected by the County Treasurer (the “Underwriter”) 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 11. 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 12. 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. The County Treasurer is hereby further 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 1 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. Section 13. The validity of the Refunding Bonds may be contested only if: 1. Such obligations are authorized for an object or purpose for which said County is not ---PAGE BREAK--- 286 authorized to expend money, or 2. 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 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 14. The law firm of Trespasz & Marquardt, LLP is appointed bond counsel for the County and this refunding in particular and Fiscal Advisors and Marketing Inc. is appointed Financial Advisor for the refunding. Section 15. 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. 3 – Resolution to Approve Modification of Fee Schedule for Disposal of Tires at Cortland County Solid Waste Facilities / Highway Department ON MOTION OF BRIGGS RESOLUTION NO. 290-14 Resolution to Approve Modification of Fee Schedule for Disposal of Tires at Cortland County Solid Waste Facilities / Highway Department WHEREAS, the County of Cortland is responsible for properly disposing of solid waste at all County-owned Solid Waste Facilities, and as owner, is responsible for setting the fees associated with the acceptance of solid waste, AND WHEREAS, refuse tires are currently accepted as solid waste by the County of Cortland at certain County-owned Solid Waste Facilities, AND WHEREAS, the cost associated with the disposal of tires accepted at County-owned Solid Waste Facilities exceeds the fees received for said disposal, AND WHEREAS, the County of Cortland desires to increase the tire disposal fees to cover the County’s cost of disposal, AND WHEREAS, to cover the cost of tire disposal, the County of Cortland desires to modify the tire fee schedule as follows: a) Passenger and pickup truck tires: $3.00 each; b) Truck tires up to 24.5 inch tubeless: $15.00 each; c) Industrial, tractor or off-road tires will not be accepted RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Donnell Boyden, Majority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 287 , NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves above said fee schedule for tire disposal at County-owned Solid Waste Facilities as described above, AND BE IT FURTHER RESOLVED, that the above said fee schedule for tire disposal at County-owned Solid Waste Facilities shall become effective immediately. Referred from Building & Grounds Committee AGENDA ITEM NO. 4 – Authorize Agreement Buildings & Grounds ( 6Th Judicial Court District ) ON MOTION OF WHEELOCK RESOLUTION NO. 291-14 Authorize Agreement Buildings & Grounds ( 6th Judicial Court District ) WHEREAS, 1996 NYS Legislation, Senate Bill # 4428-b, allowed for changes in Section 39-b of the Judiciary Law and amends Sections54-j and 94920 of the State Finance Law, affecting the M&O procedures for the 6th Judicial Court District as it relates to Cortland County, AND WHEREAS, the NYS Unified Court System 6th Judicial District, has presented an agreement to the County for a period of April 1, 2013 through March 31, 2018, NOW THEREFORE BE IT WHEREAS, the NYS Unified Court System 6th Judicial District has submitted an annual contract renewal letter for April 1, 2014 through March 31, 2015 on September 25, 2014, which reflects a 2014 - 2015 Budget amount of $100,598.00, NOW THEREFORE BE IT RESOLVED, that this Legislature hereby authorizes the Chairman to renew the prescribed agreement, presented by the NYS Unified Court System, 6th Judicial District, upon approval of the County Attorney. Referred from Highway Committee AGENDA ITEM NO. 5 – Authorize Extension of State Snow/Ice Control Agreement Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Gordon Wheelock, Legislative District 10 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 288 ON MOTION OF BOYDEN RESOLUTION NO. 292-14 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, 2017, 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. AGENDA ITEM NO. 6 – Resolution to Approve Contract for Engineering Replacement of Kinney Gulf Road Bridge, B.I.N. 3311860 Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 293-14 Resolution to Approve Contract for Engineering Replacement of Kinney Gulf Road Bridge, B.I.N. 3311860 Highway Department WHEREAS, the Replacement of the Bridge on Kinney Gulf Road (C.R. 111) over Blue Creek (PIN 3754.73) has been approved by the New York State Department of Transportation and the design portion of the project shall be funded with 80% Federal funds and 20% County funds, AND WHEREAS, the Replacement of the Bridge on Kinney Gulf Road (C.R. 111) over Blue Creek (PIN 3754.73) was approved by Resolution # 21-14, AND WHEREAS, Delta Engineers, Architects & Land Surveyors, PC has been selected to perform the design 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 Delta Engineers, Architects & Land Surveyors, PC, 860 Hooper Road, Endwell, NY 13760 for design services on the project, at an estimated cost not to exceed $278,354.00, AND BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 289 FURTHER RESOLVED, that the project costs be charged to Account No. H51225.54055.2808 for professional services. Referred from Health & Human Services Committee AGENDA ITEM NO. 7 – Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program (EIP NYS Grant) ON MOTION OF PRICE RESOLUTION NO. 294-14 Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program (EIP NYS Grant) WHEREAS, continued funding from the New York State Dept. of Health is available in the amount of $21,880 for the Early Intervention Program (EIP), for the contract period of 10/01/14 – 09/30/15, AND WHEREAS, $21,880 of these funds are already in the budget in Expenditure Accounts A40595.51005, $13,675 (Personnel), A40595.58020-58065, $8,205 (Fringe), and Revenue Account A405944.44451, $21,880, 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. 8 – Accept Funds Health Department/ Hospice ON MOTION OF PRICE RESOLUTION NO. 295-14 Accept Funds Health Department/ Hospice WHEREAS, Resolution No. 65-14 approved the transfer of the Certificate of Need for Hospice RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 290 Services to Hospicare & Palliative Care Services of Tompkins County, a not for profit organization, located at 172 E. King Road, Ithaca, NY 14850, AND WHEREAS, Resolution No. 112-14 approved the Cortland County Health Department to enter into an Asset Purchase Agreement with Hospicare & Palliative Care Services of Tompkins County, AND WHEREAS, the Cortland County Health Department received payment from Hospicare & Palliative Care Services according to the provisions of the Bill of Sale in the amount of $4,500, NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Increase: Revenue: A401142.42770 Bill of Sale $4,500 Increase: Expenditure: A40115.52060 Computer Equipment $1,700 A40115.52005 Furniture $2,800 AGENDA ITEM NO. 9 – Authorize Agreements - Area Agency on Aging (Several Agencies, Departments, Etc.) ON MOTION OF PRICE RESOLUTION NO. 296-14 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 2015 for or with the following: Caregivers Home Care Classen Home Health Associates Comfort Keepers Cortland County Department of Social Services 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) David Alexander, Attorney at Law Franciscan Companies HCR Home Care Mediware/Harmony Information Systems (formerly Synergy Software Inc.) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 291 Scott United Methodist Church St. Joseph’s Home Care StafKings Healthcare Systems, Inc. TBD - Support Group Facilitator Walden Place New York State Office for the Aging A Reflection of You Counseling and Support Services Access to Home Care Services, Inc. Access to Independence All Metro Health Care Cortland County Community Action Program Inc. (CAPCO) Care America Center for Disability Rights Community Options, Inc. Cortland Regional Medical Center Long Term Home Health Care Program Elder Choice, Inc. Elizabeth Brewster House Empowerment By Design Epilepsy Foundation Fidelis Care Independent Living Systems (iCircle) Integrity Home Care Services Liberty Resources, Inc. Maxim Healthcare Services New Beginnings, Inc. New York State Energy Research and Development Authority Self Direct, Inc. Seniors at Home LLC (d/b/a Home Instead Senior Care) Sibley Nursing US Care Systems, Inc. Visiting Nurse Service of New York Choice Winds of Agape Central New York Chapter Alzheimer's Association 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. 10 – Authorize Agreements Department of Social Services (Several Agencies, Departments) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 292 ON MOTION OF PRICE RESOLUTION NO. 297-14 Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) 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 1/1/15 and 12/31/15 for or with the following: All Metro Health Care Catholic Charities Community Action Program (CAPCO) Cornell Cooperative Extension for Cortland County Cortland County Area Office for Aging Cortland County Central Services Cortland County District Attorney 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 L. Woerner, Inc. dba Home Care of Rochester LexisNexis Risk Solutions FL, Inc. Liberty Resources Lifeline Systems, Inc. MedRev Recoveries Photo Micrographics, Inc. Skeele Valley Detention Center Stafking Healthcare Systems, Inc. YWCA AGENDA ITEM NO. 11 – Authorize Agreements Department of Social Services (Day Care Services) ON MOTION OF PRICE RESOLUTION NO. 298-14 Authorize Agreements Department of Social Services (Day Care Services) RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized and directed to execute contractual agreements in 2015 for Day Care Services with agencies/providers pursuant RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 293 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. 12 – Authorize Agreements Department of Social Services (Work Experience Work Sites) ON MOTION OF PRICE RESOLUTION NO. 299-14 Authorize Agreements Department of Social Services (Work Experience Work Sites) 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 1/1/15 through 12/31/15 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. 13 – Authorize Agreements Department of Social Services (Foster Care) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 294 ON MOTION OF PRICE RESOLUTION NO. 300-14 Authorize Agreements Department of Social Services (Foster Care) 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 2015 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. 14 – Authorize Agreement employment and Training Department (Operation of Year-Round Program) ON MOTION OF PRICE RESOLUTION NO. 301-14 Authorize Agreement Employment and Training Department (Operation of Year-Round Program) WHEREAS, the Workforce Investment Act of 1998 has made funds available to operate a year- round youth program, AND WHEREAS, the Act also requires such programs to be put out to competitive bid with the opportunity for renewal, AND WHEREAS, the Youth Council of the Cayuga-Cortland Workforce Investment Board initiated Requests for Proposals in 2014 with the proviso that successful awards could be extended through August 31, 2017 at the discretion of the Workforce Investment Board. This issuance was subject to the continued availability of Workforce Investment Act Youth Funds and dependent on meeting performance in the current year before continuing for the next year, AND WHEREAS, $46,000 of Workforce Investment Act funds are available for programs and services in Cortland County, AND WHEREAS, the Executive Committee of the Cayuga-Cortland Workforce Investment Board has authorized the execution of the contract with the County Employment and Training Office to operate and oversee the operation of programs in Cortland County for the time period of September 1, 2014 through August 31, 2015, AND WHEREAS, the Human Services Committee of the Cortland County Legislature reviewed this recommendation and concurs, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 295 RESOLVED, 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, the Chairman execute such agreements with other agencies as are necessary to conduct components of the year-round program in accordance with the terms and conditions of the executed agreement, AND BE IT FURTHER RESOLVED, the cost of said Agreement will be paid from federal Workforce Investment Act Funds and shall not exceed $46, 000, AND BE IT FURTHER RESOLVED, the County Treasurer and the Department of Employment and Training be and hereby are authorized to make payments against the Agreement in accordance with the terms and conditions of the executed Agreement. AGENDA ITEM NO. 15 – Amend Budget/Transfer Funds - Department of Social Services - Safety Net ON MOTION OF PRICE RESOLUTION NO. 302-14 Amend Budget/Transfer Funds - Department of Social Services - Safety Net WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2014 Budget, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.56109 Program-Family Assistance $100,000 A60105.56123 Program-JD Care $220,000 Increase: Expense: A60105.56140 Program-Safety Net $320,000 AGENDA ITEM NO. 16 – Amend Budget/Transfer Funds - Department of Social Services - Health Insurance RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 296 ON MOTION OF PRICE RESOLUTION NO. 303-14 Amend Budget/Transfer Funds - Department of Social Services - Health Insurance WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2014 Budget, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.51005 Admin-Personal Services $60,000 A60105.58020 Admin-Retirement $30,000 Increase: Expense: A60105.58060 Admin-Health Insurance $90,000 AGENDA ITEM NO. 17 – Authorize Agreement/Accept Funds Health Department/ Administration/Special Programs Traffic Safety and Injury Prevention Program Child Passenger Safety Program ON MOTION OF PRICE RESOLUTION NO. 304-14 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 for the period of 10/01/14-9/30/15, AND WHEREAS, this will provide education on the proper use and installation of child safety seats in New York State, AND WHEREAS, these funds are in the 2014/2015 County Budget in Expenditure Account RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 297 A40105.54005.4003 – A40105.54078.4003 $11,500 (Contractual), and Revenue Account A401043.43450.4003 $11,500 (Traffic Safety), 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 the State of New York to accept these funds. AGENDA ITEM NO. 18 – Authorize Agreement/Accept Funds Health Department/ Administration/Special Programs Traffic Safety and Injury Prevention Program ON MOTION OF PRICE RESOLUTION NO. 305-14 Authorize Agreement/Accept Funds Health Department/Administration/Special Programs 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 $38,420 to continue to fund the Traffic Safety and Injury Prevention Program for the period of 10/01/14-9/30/15, 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 WHEREAS, these funds are in the 2014/2015 County Budget in Expenditure Accounts A40105.51005 $20,606 (Personal Services), A40105.58020-58065.4003 $12,364 (Fringe), A40105.54005.4003 – A40105.54078.4003 $5,450 (Contractual), and Revenue Account A401043.43450.4003 $38,420 (Traffic Safety), 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 the State of New York to accept these funds. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 19 – Transfer Jail Funds Misc Support Services 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 298 ON MOTION OF BUSHNELL RESOLUTION NO. 306-14 Transfer Jail Funds Misc Support Services 2014 Amend 2014 Budget/Transfer Funds Sheriff's Department/Jail (Misc Support Services) WHEREAS, due to the increase of inmates being boarded out in 2014, AND WHEREAS, the cost of Misc Support services has increased to beyond the budgeted amount causing a deficit in the Misc Support Services account, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended as follows: Decrease: Contingency Account A1990- 54775 $100,000.00 Increase: Expenses: Jail – Misc Support Services A31505-54083 $100,000.00 AGENDA ITEM NO. 20 – Amend 2014 Budget County Attorney/Assigned Counsel ON MOTION OF BUSHNELL RESOLUTION NO. 307-14 Amend 2014 Budget County Attorney/Assigned Counsel 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 funds set for the in the Professional Services line of the County Attorney’s Office 2014 budget will be expended, it is necessary to appropriate additional funds for the fiscal year 2014, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 299 Increase: Expenses: A1420.54055 Professional Services $150,000.00 A359900 Appropriate Fund Balance $150,000.00 AGENDA ITEM NO. 21 – Authorize Agreements - Twin Tier Pathology PC - County Coroners ON MOTION OF BUSHNELL RESOLUTION NO. 308-14 Authorize Agreements - Twin Tier Pathology PC - County Coroners WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from the following physicians 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 physicians to perform autopsy services for a term beginning January 1, 2015 and expiring December 31, 2015. James Terzian, M.D. Robin Eastman-Abaya, M.D. Zarina Hernandez-Schipplick, M.D. Kazuko Nitta, M.D. Michael Zur, M.D. Physicial address of services rendered: 169 Riverside Drive, Binghamton, NY 13902. AGENDA ITEM NO. 22 – Authorize Agreement - Emergency Medical Physicians - County Coroner RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 300 ON MOTION OF BUSHNELL RESOLUTION NO. 309-14 Authorize Agreement - Emergency Medical Physicians - County Coroner WHEREAS, a Coroner's Physician is required to sign a death certificate, or it is necessary to have an autopsy done on any death in which a certificate has not been signed, AND WHEREAS, it is the wish of the County Coroner's Office and the Judiciary & Public Safety Committee to authorize additional Coroner's Physicians to sign death certificates for a fee not to exceed $125 per signature, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into an agreement with Emergency Medical Physicians of Cortland, PLLC, 134 Homer Ave., Cortland, NY 13045, for the purpose of signing death certificates in the absence of the duly appointed Coroner's Physician. AGENDA ITEM NO. 23 – Authorize Appointment of Coroner's Physician - County Coroner ON MOTION OF BUSHNELL RESOLUTION NO. 310-14 Authorize Appointment of Coroner's Physician - County Coroner WHEREAS, Section 400 of the County law requires that a County in which any Coroner is not a physician appoint a Coroner's Physician, AND WHEREAS, Carrie Jackson, M.D. has agreed to serve that role for Cortland County, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby appoints Carrie Jackson, M.D., as Coroner's Physician for a term to expire December 31, 2015, AND BE IT FURTHER RESOLVED, that the Coroner's Physician shall, by virtue of the office, be a Deputy Coroner and shall possess the powers and perform the duties of the Coroner during the absence or inability of the Coroner to act, or in the event of a vacancy in the Office of the Coroner. Referred from Personnel Committee AGENDA ITEM NO. 24 – Agreement Between the County of Cortland and CSEA, Local 1000, AFSCME, AFLCIO - Unit 665003, Cortland County Local 812 Effective January 1, 2015 to December 31, 2018 RESULT: PULLED RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 301 AGENDA ITEM NO. 25 – Amend County of Cortland County Employment Policy Manual ON MOTION OF PRICE RESOLUTION NO. 311-14 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, that Section 5, G Annual Leave will be amended and effective immediately to read as follows: SECTION G Use of Accrued Vacation to pay Health Insurance Premium A. Effective January 1, 2015, employees may convert accrued vacation days to monies to be used toward payment of their health care premium. Up to 4 days may be converted annually. A minimum of 10 days of accrued vacation must be available at the time of declaration. Individuals will declare in writing the intent to make this conversion during the health care open enrollment period of the prior year. The dollar amount will be applied toward the employee’s health care premium contribution for the next calendar year and spread out equally to each pay period. B. At the time of retirement, employees may opt to apply some or all of their accrued vacation towards payment of retiree health insurance premiums. If the retiree should die prior to exhausting all of the accrued vacation, the remainder shall be paid to the retiree’s estate. RESOLVED, that Section II Compensation Health, Dental, and Vision Insurance, be amended and effective January 1, 2015. Prescription Drug Coverage: The County Health Insurance Plan includes a three tier formulary plan for prescription drugs. Employees may obtain prescription medication through the following providers and will pay the following co-pays: Maintenance medications 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 302 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 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 AGENDA ITEM NO. 26 – Amend Budget-Board of Elections ON MOTION OF PRICE RESOLUTION NO. 312-14 Amend Budget-Board of Elections WHEREAS, the grant monies have been approved for reimbursement to the Cortland County Board of Elections upon submission to the NYS Board of Elections of paid invoices, AND WHEREAS, necessary maintenance is required on Ballot Marking Devices, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Expense: A14505-54050 Equipment Maintenance & Repair $3,700.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 303 Revenue: A145043 43089 1450 HAVA Revenue $3,700.00 Referred from Budget & Finance Committee AGENDA ITEM NO. 27 – Amend 2014 Budget - Information Technology/Phone Switch Infrastructure ON MOTION OF WHITNEY RESOLUTION NO. 313-14 Amend 2014 Budget - Information Technology/Phone Switch Infrastructure WHEREAS, The Budget & Finance Committee recommends amending the 2014 budget to provide for infrastructure upgrades to the County phone system, in preparation of a multi-year lease program for a new telephone system, NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Decrease: A19905 54775 Contingency $60,000.00 Increase: A16805 52060 Computer Equipment $60,000.00 AGENDA ITEM NO. 28 – Amend 2014 Budget - Information Technology/Phone Switch Infrastructure ON MOTION OF WHITNEY RESOLUTION NO. 314-14 Amend 2014 Budget - Information Technology/Phone Switch Infrastructure WHEREAS, The Budget & Finance Committee recommends amending the 2014 budget to provide for infrastructure upgrades to allow for a simultaneous back up Internet system, paid for in the 2015 budget, NOW THEREFORE BE IT RESOLVED, that the 2014 Budget is hereby amended as follows: Decrease: A19905 54775 Contingency $5,000.00 Increase: A16805 52060 Computer Equipment $5,000.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. 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, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ---PAGE BREAK--- 304 Executive Session Announcements Ms. Briggs announced the following meetings: Budget & Finance - October 27 at 8 a.m. Legislative Session - October 27, immediately following Budget & Finance Legislative Session and Public Hearings - October 30 at 6 p.m. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, October 30, 2014 6:00 PM Board Room Public Hearings 1. Public Hearing Legal Notices Mr. Boylan opened the public hearing on the adoption of the 2015 budget. As there was no one present who wished to address the Legislature Mr. Boylan closed the public hearing. Mr. Boylan opened the public hearing on Local Law 17 of 2014 - A Local Law Overriding Tax Levy Limit. As there was no one present who wished to address the Legislature Mr. Boylan closed the public hearing. Mr. Boylan opened the public hearing on Local Law 19 of 2014 - A Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office. As there was no one present who wished to address the Legislature Mr. Boylan closed the public hearing. Mr. Boylan opened the public hearing on Local Law 20 of 2014 - a Local Law Setting the Salary of Cortland County Election Commissioners. As there was no one present who wished to address the Legislature Mr. Boylan closed the public hearing. Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Willcox Jr. (Excused) Privilege of the floor Presentation of Petitions, Communications, and Notice Receive and File Reports of Standing, Special and Ad Hoc Committees Unfinished Business New Business ---PAGE BREAK--- 305 Ms. Briggs called for a two-minute recess. There were no objections. Resolutions AGENDA ITEM NO. 1 – Adopt Local Law No. 17 of 2014 - Overriding Tax Levy Limit Mr. Denkenberger asked for a roll call vote. RESULT: ADOPTED [15 TO 1] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink NAYS: James Denkenberger EXCUSED: Newell Willcox Jr. ON MOTION OF WHITNEY RESOLUTION NO. 315-14 Adopt Local Law No. 17 of 2014 - Overriding Tax Levy Limit Be it enacted by the County Legislature of the County of Cortland as follows: WHEREAS, according to New York State’s new Property Tax Cap legislation, if a county government decides to adopt a county budget with a property tax levy that exceeds the level set by the State, the county government must pass a local law to override that cap, AND WHEREAS adopting said local law is not predictive of the final tax levy but will provide the Cortland County Legislature flexibility to exceed the property Tax Cap if it is deemed necessary, AND WHEREAS, a public hearing will be held before the Cortland County Legislature on October 30, 2014, to hear all persons interested in proposed Local Law No. of 2014, NOW THEREFORE BE IT RESOLVED, on recommendation of the Budget and Finance Committee, that Local Law of 2014 - A Local Law Overriding Tax levy Limit for Fiscal Year 2015 is hereby adopted pursuant to subdivision 5 of General Municipal Law Section 3-c, which expressly authorizes the County Legislature to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the County Legislature, AND BE IT FURTHER RESOLVED that the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. AGENDA ITEM NO. 2 – Adopt 2015 Budget Mr. Denkenberger said he will vote against the budget, not because of the less than 2% increase, but rather because two-thirds of the budget is comprised of NYS mandates. By approving the budget, the Legislature is in effect endorsing and accepting the mandates. Mr. Whitney made a motion to remove a part-time delinquent tax receiver from the Treasurer's Office. Second by Mr. Troy. Mr. Whitney said that this position was added last year to assist in updating the installment program. Some of that work has been completed, and the County Treasurer has agreed this position can be eliminated. All members voting in favor; none opposed. The motion was approved, and the budget was amended. ---PAGE BREAK--- 306 Assistant Budget Officer Mr. Randy Deal and Finance Manager Carolyn Kennedy shared the budget preparation process. After the amendment, the new tax levy is $33,553,090, an increase of $574,742 from 2014, which equates to a tax levy increase of 1.73%. RESULT: ADOPTED [15 TO 1] MOVER: Susan Briggs, Chair SECONDER: Mary Ann Discenza, Legislative District 6 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink NAYS: James Denkenberger EXCUSED: Newell Willcox Jr. ON MOTION OF BRIGGS RESOLUTION NO. 316-14 Adopt 2015 Budget WHEREAS, the Budget & Finance Committee has presented the 2015 Tentative Budget to the Cortland County Legislature, which was adopted October 27, 2014, AND WHEREAS, a Public Hearing was held before this Legislature October 30, 2014, NOW THEREFORE BE IT RESOLVED that the 2015 Budget, as amended and revised be and hereby is adopted at a Real Property Tax Levy of $33,571,354.00, and that the amounts set forth in the "Adopted" column of said budget be and hereby are appropriated for the objects and purposes specified. AGENDA ITEM NO. 3 – Amend Management / Management Confidential Compensation Policy Grade and Step Schedule for 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ON MOTION OF PRICE RESOLUTION NO. 317-14 Amend Management / Management Confidential Compensation Policy Grade and Step Schedule for 2015 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 2015 Grade and Step Plan be adjusted and established to incorporate a 1.5% cost of living adjustment, effective January1, 2015 in accordance with the attached schedule, AND RESOLVED, that the Cortland County Legislature hereby authorizes and directs a 1.5% cost of ---PAGE BREAK--- 307 living adjustment for those employees who in the Management/Management Confidential Compensation Employment Policy 2015 Grade and Step plan for employees falling under the plan effective January 1, 2015 in accordance with the following schedule. 2015 GRADE AND STEP FOR MANAGEMENT CONFIDENTIAL BASED ON A 1.5% INCREASE 1 2 3 4 5 6 Grad e hire rate 2 year 4 year 6 year 8 year 10 year 1 $78,225 $81,355 $84,608 $87,992 $91,511 $95,172 2 $72,766 $75,679 $78,705 $81,853 $85,126 $88,532 3 $67,691 $70,398 $73,214 $76,143 $79,188 $82,355 4 $62,968 $65,486 $68,107 $70,830 $73,664 $76,609 5 $58,575 $60,918 $63,354 $65,888 $68,524 $71,265 6 $54,488 $56,667 $58,934 $61,291 $63,743 $66,293 7 $50,686 $52,715 $54,822 $57,016 $59,296 $61,668 8 $47,149 $49,037 $51,000 $53,038 $55,159 $57,366 9 $43,861 $45,615 $47,440 $49,337 $51,310 $53,363 10 $40,801 $42,433 $44,131 $45,894 $47,732 $49,641 11 $34,619 $36,003 $37,443 $38,941 $40,499 $42,118 Management Confidential 5 $19.9920 $20.7918 $21.6235 $22.4883 $23.3878 $24.3235 4 $18.4801 $19.2192 $19.9880 $20.7876 $21.6190 $22.4839 3 $17.7692 $18.4801 $19.2192 $19.9880 $20.7876 $21.6190 2 $17.0859 $17.7692 $18.4801 $19.2192 $19.9880 $20.7876 1 $16.4287 $17.0859 $17.7692 $18.4801 $19.2192 $19.9880 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 Grade 2 Sheriff Grade 3 Undersheriff Personnel Officer Grade 4 Probation Director II County Auditor 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 Grade 5 Director, Agency on Aging Director, Real Property 1 Grade 6 Director of Social Services Grade 7 Bldg. & Gr. Superintendent Grade 8 Deputy Personnel Officer Fiscal Manager ---PAGE BREAK--- 308 Grant Administrator Director of Environmental Health Director of Administrative Services Clinical Dir. of MH Programs Director of Jacobus Center Supervisor, Solid Waste Management Medical Director Medical Advisor Public Health Program Manager Grade 9 Emp. & Training Director Family Support Services Director Grade 10 Fiscal Officer Clerk -Legislature Dir. of Veterans’ Services Agency Dir. of Weights and Measures Administrative Services Manager CAC Coordinator Grade 11 Deputy County Clerk Motor Vehicle Director Asst. Director of Emergency Response & Communications Safety Officer Coroner County Treasurer Fiscal Officer Trainee AGENDA ITEM NO. 4 – Adopt Proposed Local Law No. 19 for the Year 2015 a Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ON MOTION OF PRICE RESOLUTION NO. 318-14 Adopt Proposed Local Law No. 19 for the Year 2015 a Local Law to Increase the Salary of County Officers Elected or Appointed for a Fixed Term During the Term of Office BE IT ENACTED by the Legislature of the County of Cortland, as follows: Grade 1 Secretary I Secretary to County Attorney Election Clerk 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 Audit/Accounts Payable Specialist Personnel Technician ---PAGE BREAK--- 309 SECTION 1. LEGISLATIVE INTENT The County Legislature hereby states the intent of this local law is to preserve the integrity of the Management Compensation Plan, the goal of which is to treat all employees equally by maintaining grade level salary increments attached to years of service to the county. It is therefore necessary for the County Legislature to extend by local law the same increase in salary for those county officers elected or appointed for a fixed term, in compliance with New York State County Law §201, as has been previously Confidential Employees through Cortland County Local Law No. 4 of 2011. SECTION II. The Cortland County Employment Policy Manual for Department Heads, Management and Management/Confidential Employees includes a Grade and Step Schedule, with salary increments tied to grade levels and years of service. Certain officers are excluded pursuant to New York State County §201, as the salary of any officer elected or appointed for a fixed term may only be increase by local law subject to permissive referendum as provided for in Municipal Home Rule Law §24(2)(h). SECTION III. The same rate of annual salary increase for fiscal year 2015 extended to Cortland County Management and Management/Confidential Employees through the modification of the Grade and Step Schedule, shall be provided to those officers elected or appointed for a fixed term, during their term of office. The annual salary of said officers elected or appointed for a fixed term, during their term of office, is to be adjusted and paid over the balance of the 2015 calendar year, upon the effective date of this local law. This Local Law shall function to increase the salary of the following officers elected or appointed for a fixed term, during their term of office: Elected officers include: County Clerk County Coroner County Sheriff County Treasurer Officer appointed for a fixed term include: Clerk of the Legislature County Attorney Public Defender County Auditor Veteran's Services Officer Commissioner of Social Services Highway Superintendent Personnel Officer Public Health Director Real Property Tax Services Director ---PAGE BREAK--- 310 SECTION IV: This local law is subject to permissive referendum and shall not take effect until at least forty five (45) days after its adoption as provided by Municipal Home Rule Law §24. AGENDA ITEM NO. 5 – Adopt Proposed Local Law No. 20 for the Year 2015 a Local Law Setting the Salary of Cortland County Election Commissioners RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Discenza, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Newell Willcox Jr. ON MOTION OF PRICE RESOLUTION NO. 319-14 Adopt Proposed Local Law No. 20 for the Year 2015 a Local Law Setting the Salary of Cortland County Election Commissioners Be it enacted by the County Legislature of the County of Cortland as follows: Section I: Pursuant to Election Law §3-208, each Cortland County Election Commissioner shall receive an equal annual salary, to be fixed by the County Legislature. Section II: The annual salary for each Cortland County Election Commissioner shall be increased from $29,269 to $29,708.04 for fiscal year 2015 and paid over the balance of 2015 calendar year, upon the effective date of this local law. Section III: This local law is subject to permissive referendum and shall not take effect until at least forty-five (45) days after its adoption as provided for by Municipal Home Rule Law §24. Announcements Ms. Briggs said there is an Ice Cream Social being held Nov. 5 at 6 p.m. for the Area Agency on Aging to solicit input from Cortland County seniors. Ms. Briggs said Health Department is holding a Rabies Clinic Nov. 5 at Wheeler Ave. Armory from 5:30 to 7 p.m. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ---PAGE BREAK--- 311 ~ Minutes ~ Thursday, November 20, 2014 6:00 PM Board Room Public Hearing Public Hearing - Local Law Mr. Boylan read the legal notice for the public hearing on Local Law No. 18 of 2014, a Local Law Regulating Secondhand Dealers. As there was no one present who wished to speak, he closed the public hearing. Salute to the Flag Roll Call PRESENT: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink ABSENT: Discenza (Excused), Willcox Jr. (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Oct 23, 2014 6:00 PM Privilege of the floor 1. Privilege of the Floor Comments - DEIS/SWMP Mr. Greg Leach spoke in opposition to the potential adoption of Flow Control, which is referenced in the Solid Waste Management Plan and the DEIS. Ms. Anita Wright spoke regarding Agenda Item No. 10, and encouraged Legislators to vote against the resolution. Ms. Pam Jenkins spoke in opposition to the adoption of the SWMP, and the DEIS Mr. Todd Miller spoke in opposition to Agenda Item No. 10, stating that the DEIS is inadequate and fails to address potential problems with treating leachate. He said the tables in the DEIS are not labeled, and the number of samples used for testing was not disclosed. He said the range of values for testing results should be included and are not, and based on information from other landfills the chemical makeup of the leachate could vary dramatically from the current leachate composition. Ms. Lisa Williams said the Legislature should table resolution number 10 until after Onondaga County has taken action, and that she has concerns regarding the water table and other environmental problems. Ms. Mary Beilby spoke in regards to Agenda Item No. 10, and said the League of Women Voters is concerned about the haste in which the resolutions for the SWMP And the DEIS is being approved. Ms. Jane Richard spoke in opposition to Agenda Item No. 10. She said Legislators should consults with department heads, staff and the public regarding the DEIS and SWMP. She said the County is relying to heavily upon paid consultants. Mr. Victor Siegle spoke in opposition to Agenda Item No. 10 for four major reasons. Ms. Kim Curtis Harris spoke in opposition to Agenda Item No. 10. She continued reading Mr. Siegle's comments. RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 312 Ms. Alison King spoke regarding Agenda Item No. 9 and 10. She said additional recycling efforts should be part of both the SWMP And DEIS, and that conflicts exist between the numbers in both plans. Mr. Michael spoke regarding Agenda Item No. 10. He said he has long been calling for a Solid Waste Manager position and he is glad the County has created that job. He said that part of the long-term costs of the solid waste program include the debt scheduled for the recycling center, as insurance costs were used for other reasons. He said the Solid Waste Manager should be used to prepare the SWMP and evaluate the DEIS. 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 Resolutions Resolutions from the Chair AGENDA ITEM NO. 1 – Authorize Agreement Mental Health Department (Area Agency on Aging) ON MOTION OF BRIGGS RESOLUTION NO. 320-14 Authorize Agreement Mental Health Department (Area Agency on Aging) WHEREAS, the Cortland County Mental Health Clinic would like to contract with the Cortland County Area Agency on Aging, AND WHEREAS, funds have been requested in the 2015 budget to cover the cost of lunches for Horizon House clients which totals approximately $3,150 per 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 a Memorandum of Understanding for 2015 between the Cortland County Mental Health Department and the Cortland County Area Agency on Aging. AGENDA ITEM NO. 2 – Authorization to Refund Overpayment of County Taxes for 2012 – 2014 Mr. Deal said a resident's property has been over-assessed for several years, and this resolution is authorizing a repayment of his taxes. Ms. Briggs said this resolution is typically done on an annual basis, RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 313 but was not done in 2014 yet, so this resolution is required to authorize payment. A resolution authorizing the County Auditor to make such payments under $2,500 will be approved in January for 2015. ON MOTION OF BRIGGS RESOLUTION NO. 321-14 Authorization to Refund Overpayment of County Taxes for 2012 - 2014 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, such an application was made by the owner of Tax Map #86.59-02-12.100, Mr. Mark Button, in the City of Cortland for an “Error In Essential Fact”, which is covered under Section 550(3)b of the RPTL, AND WHEREAS, this particular error was created when Mr. Button purchased a parcel that had been split, and when the building inventory was divided up by the Assessor it was accidently doubled on Mr. Button’s piece thereby increasing his assessment in 2007, AND WHEREAS, Section 556 of the RPTL allows for refunds to be made from the taxing jurisdiction to the aggrieved party but only going back three years which in this case would be years 2012 - 2014, AND WHEREAS, the City Assessor, and County Real Property Tax Director Mr. Randy Deal, are desirous of processing this refund for Mr. Button for County Taxes in the following amounts as calculated by the County Treasurer’s Office: County Taxes Tax Rate 2012 - 14.59558 - $36,000 Over assessment = $525.44 2013 - 14.42684 - $36,000 Over assessment = $519.36 2014 - 14.52695 - $36,000 Over assessment = $522.97 $1,567.77 , NOW THEREFORE BE IT RESOLVED, that pursuant to Section 556 of the Real Property Tax Law, the County Legislature does hereby delegate to the County Treasurer’s Office the authority to approve the above refunds of real property taxes as outlined in said Section 556 of the Real Property Tax Law, and forward this payment to Mr. Mark Button, 66 Pendleton St., Cortland, N.Y. 13045. RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 314 Referred from Building & Grounds Committee AGENDA ITEM NO. 3 – Accept Proposal/Amend 2014 Budget Buildings and Grounds Parking Lot Renovations Referred from Highway Committee AGENDA ITEM NO. 4 – Resolution to Approve Contract for Engineering and Construction Inspection Cortland County Bridge Painting-Various Locations (NYSDOT P.I.N. 3756.03) Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 322-14 Resolution to Approve Contract for Engineering and Construction Inspection Cortland County Bridge Painting-Various Locations (NYSDOT P.I.N. 3756.03) Highway Department WHEREAS, funding for the Cortland County Bridge Painting - Various Locations Project (NYSDOT P.I.N. 3756.03) has been approved by the New York State Department of Transportation (NYSDOT), and the design and construction inspection portion of the project shall be funded with 80% Federal funds and 20% County funds, AND WHEREAS, Cortland County Bridge Painting- Various Locations Project agreement with NYSDOT was approved by Resolution # 22-14, AND WHEREAS, McFarland Johnson, Inc. has been selected to perform the design and construction inspection 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 construction inspection services on the project, at an estimated cost not to exceed $33,792.00 for design and $96,991.00 for construction inspection, AND BE IT FURTHER RESOLVED, that the project costs be charged to Account No. H51225.54055.2809 for professional services. AGENDA ITEM NO. 5 – Rescind Award of Steel Snow Plow Edges and Grader Blades Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: PULLED ---PAGE BREAK--- 315 ON MOTION OF BOYDEN RESOLUTION NO. 323-14 Rescind Award of Steel Snow Plow Edges and Grader Blades Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for the Supply of Steel Snow Plow Edges and Grader Blades on March 19, 2014, AND WHEREAS, the Cortland County Legislature passed Resolution # 115-14 to award the supply of Steel Snow Plow Edges and Grader Blades to the low bidder Wayne’s Welding, Inc., 66 Calder Ave. Yorkville, NY 13495, with a bid of $37,893.75, AND WHEREAS, the prices quoted in the bid were to remain in effect from May 1, 2014 and thereafter for the next forty-five (45) days only, AND WHEREAS, Wayne’s Welding, Inc. required a Purchase Order within the Forty-Five Days as stated in the bid specs, in order to process the order of the Steel Snow Plow Edges and Grader Blades, AND WHEREAS, a purchase order was not submitted to Wayne’s Welding in the stated time period, AND WHEREAS, Wayne’s Welding has withdrawn from their obligation, AND WHEREAS, the Highway Department has a need for said Steel Snow Plow Parts and Grader Blades, AND WHEREAS, Chemung Supply Corporation, PO Box 527, Elmira, NY 14902 was the second lowest bidder and have agreed to honor their bid prices of March 19, 2014, NOW THEREFORE BE IT RESOLVED, that the award of the Steel Snow Plow Edges and Grader Blade Edges be awarded to Chemung Supply Corporation, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said Steel Snow Plow Edges and Grader Blades from Account # E51305.54300 Equipment Repair Parts for an amount not to exceed $39,801.56. AGENDA ITEM NO. 6 – Award Highway Fuel System Service Agreement- Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 324-14 RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 316 Award Highway 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 $1,100, 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. 7 – Award Engineering Services Term Agreement Highway Department and the Solid Waste Division ON MOTION OF BOYDEN RESOLUTION NO. 325-14 Award Engineering Services Term Agreement Highway Department and the Solid Waste Division WHEREAS, the County Highway Superintendent has identified the need for Professional Engineering Services for the performance of highly specialized engineering tasks for the Cortland County Highway Department and Solid Waste Division, AND WHEREAS, these highly specialized engineering tasks would be most effectively performed by a consulting engineering firm that regularly and successfully performs these types of tasks, AND WHEREAS, the Highway Department advertised for, and received proposals from firms interested in providing said services for a two-year term, AND WHEREAS, the Highway Committee appointed a Selection Committee to review said proposals, and make a recommendation to the Highway Committee of a firm that would best provide said Professional Engineering Services, AND WHEREAS, the Highway Committee recommends that Barton and Loguidice, D.P.C., 290 Elwood Davis Rd., Box 3107, Liverpool, NY 13220 provide said Professional Engineering Services to the Cortland County Highway Department and Solid Waste Division, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the contract agreement with Barton and Loguidice, D.P.C., 290 Elwood Davis Rd., Box 3107, Liverpool, NY 13220 for Professional RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 317 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 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 to execute said contract agreement with Barton and Loguidice, D.P.C., 290 Elwood Davis Rd., Box 3107, Liverpool, NY 13220 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 BE IT FURTHER RESOLVED, that the various tasks under said agreement shall be as assigned by the County Highway Superintendent, AND BE IT FURTHER RESOLVED, that the costs of the tasks assigned by the County Highway Superintendent under said contract shall not exceed the amount appropriated in the following expense accounts: Highway Dept. - D50205.54055, Solid Waste Division - EL81605.54055 and EL81615.54055; or any other Professional Services Expense Account established by the Legislature in the Highway Department or Solid Waste Division Budgets. Referred from Solid Waste Committee AGENDA ITEM NO. 8 – SEQR Negative Declaration for Adoption of the Cortland County Local Solid Waste Management Plan Ms. Briggs called upon Kevin Voorhees of Barton & Loguidice to discuss Agenda Items 8, 9 and 10. Mr. Voorhees said that the SWMP is a blueprint for future projects, and it is up to the Legislature to determine what projects will be enacted and when. Any environmental reviews necessary to enact a project in the SWMP will be taken on an individual basis. The DEC has said the plan is approvable and provided a letter to the County indicating that. To complete the plan, the Legislature must approve the SEQR determination, and then adopt the plan. Ms. Price asked Mr. Voorhees to address the comments made during privilege of the floor, regarding the inadequacies of the DEIS and the SWMP. Mr. Voorhees said some of the information requested regarding the SWMP just isn't available, and that is actually one of the strategies in the plan is to provide better data collection. He said the regulations for adopting a SWMP plan does not require a responsiveness summary to the comments that were provided. However, for the DEIS, Barton & Loguidice and the County will need to review and respond to every substantive comment provided and included that in the FEIS for adoption. Mr. Troy reminded Legislators that a public information meeting was held on the SWMP June 4. Ms. Briggs said that Onondaga County is on a similar timeline as Cortland and will be considering the DEIS Dec. 2. The public comment period is scheduled to begin Dec. 3, following Onondaga County adoption. Ms. Briggs asked what would happen if either County did not approve the DEIS. Mr. Voorhees said one option would be to re-designate the lead agency status for the project and begin the SEQR process over. Mr. Voorhees said that the SWMP will be reviewed and updated every to years, with a progress report provided to DEC. Mr. Snyder said that the adoption of the SWMP does not commit the county to move forward with the DEIS and the regional partnership. Mr. Troy made a motion to amend the Solid Waste Management Plan to reflect the amendments provided. Second by Mr. Bushnell. All members voting in favor; none opposed. Ms. Price asked for a ten minute recess. Ms. Briggs granted the recess. Mr. Denkenberger made a motion to table Agenda Items 8, 9 and 10 to provide additional time to review ---PAGE BREAK--- 318 the documents. The motion died for lack of a second. ON MOTION OF HARTNETT RESOLUTION NO. 326-14 SEQR Negative Declaration for Adoption of the Cortland County Local Solid Waste Management Plan WHEREAS, The County of Cortland is the planning unit responsible for developing a Local Solid Waste Management Plan pursuant to Section 27-0107, paragraph 1(a) of the Environmental Conservation Law of the State of New York, AND WHEREAS, the adoption of the requires a SEQR determination, AND WHEREAS, the County is legally empowered to declare itself to act as Lead Agency under SEQR, AND WHEREAS, the Solid Waste Committee has reviewed the Full Environmental Assessment Form (EAF) Part 1 and Part 2 under SEQR and has made a finding of no significant environmental impacts associated with the adoption of the for the reasons noted on the EAF, and that adoption of the can be classified as a Type I action under SEQR, NOW THEREFORE BE IT RESOLVED, the County hereby declares itself Lead Agency and is responsible for determination of Significance under SEQR and the County finds that the adoption of the is a SEQR Type I action that will not result in any large and important adverse environmental impacts and, therefore, will not have a significant adverse impact on the environment, AND BE IT FURTHER RESOLVED, that the Chair of the Legislature, as responsible officer, is authorized and directed to sign the Full Environmental Assessment Form indicating a “negative declaration” for this project, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to file a SEQR negative declaration consistent with the findings of this resolution and in accordance with the applicable requirements of the SEQR regulations. AGENDA ITEM NO. 9 – Adopt Cortland County Solid Waste Management Plan (SWMP) RESULT: ADOPTED [14 TO 1] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink NAYS: James Denkenberger EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 319 ON MOTION OF HARTNETT RESOLUTION NO. 327-14 Adopt Cortland County Solid Waste Management Plan (SWMP) WHEREAS, the County of Cortland is the planning unit responsible for developing a Local Solid Waste Management Plan pursuant to Section 27-0107, paragraph 1(a) of the Environmental Conservation Law of the State of New York, AND WHEREAS, on October 17, 2014 the New York State Department of Environmental Conservation issued a letter stating that the current draft of the constitutes an approvable plan, AND WHEREAS, Resolution No. 1 made a Negative Determination of Significance in regard to the adoption of the pursuant to the State Environmental Quality Review Act and its implementing regulations found at 6 Part 617, AND WHEREAS, Section 360-15.10 of the New York State Department of Environmental Conservation’s solid waste management regulations contains several provisions that must be included in a planning unit’s resolution to adopt a Final and such clauses are included herein as required, NOW THEREFORE BE IT RESOLVED, that the Cortland County Final is hereby adopted by the County Legislature, acting as the solid waste planning unit for Cortland County, AND BE IT FURTHER RESOLVED, that, as required by Sections 360-15.10, 360-15.11 and 360-15.12 of the New York State Department of Environmental Conservation’s solid waste management regulations, the County of Cortland will evaluate and implement as it deems appropriate the solid waste management programs, projects and plans as identified in the Final (ii) submit compliance reports to the New York State Department of Environmental Conservation every two years as required by Section 360-15.12, (iii) submit a modification to the New York State Department of Environmental Conservation when required by Section 360-15.11, and (iv) submit updates to the department-approved when required by the New York State Department of Environmental Conservation pursuant to Section 360- 15.11, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby directed to send notices of the availability of the Final to adjacent solid waste planning units and will ensure that an electronic copy of the Final is made available for public review on the County’s website, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby directed to furnish all items to the New York State Department of Environmental Conservation as indicated in the October 17, 2014 letter referenced above. AGENDA ITEM NO. 10 – Resolution Determining the Draft Environmental Impact Statement (DEIS) for the Proposed Regional Solid Waste Partnership Under the State Environmental Quality Review Act RESULT: ADOPTED [14 TO 1] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Sudbrink NAYS: James Denkenberger EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 320 (SEQRA), with Cortland County Acting as Co-Lead Agency with Onondaga County, to be Adequate in Terms of Scope and Content to Commence Public Review Pursuant to SEQRA; Authorizing the Publication, Circulation, Service and Filing of the DEIS Documents; and Calling for a Public Hearing Mr. Troy made a motion to amend the DEIS with the amendments provided. Second by Mr. Wagner. All members voting in favor; none opposed. The motion was approved. Mr. Troy made a motion amending the resolution to extend the public comment period to January 17, 2015 to allow for Onondaga County to hold a public hearing Jan. 6. Second by Mr. Hartnett. All members voting in favor; none opposed. The motion was approved. Ms. Briggs said the DEIS has been prepared and paid for by taxpayers, and she encouraged legislators to approve the DEIS as adequate, which will allow the public to review and comment on the plan. Approving the resolution does not bind the Legislature to the project. She said the financial losses in the Solid Waste program is no secret and the regional partnership is only one of the options the Legislature is considering. ON MOTION OF HARTNETT RESOLUTION NO. 328-14 Resolution Determining the Draft Environmental Impact Statement (DEIS) for the Proposed Regional Solid Waste Partnership Under the State Environmental Quality Review Act (SEQRA), with Cortland County Acting as Co-Lead Agency with Onondaga County, to be Adequate in Terms of Scope and Content to Commence Public Review Pursuant to SEQRA; Authorizing the Publication, Circulation, Service and Filing of the DEIS Documents; and Calling for a Public Hearing WHEREAS, Cortland County is acting as Co-Lead Agency for the Regional Solid Waste Partnership Project (the “Partnership”) pursuant to the New York State Environmental Quality Review Act (SEQRA), and has approved various actions necessary to implement the project under SEQRA, AND WHEREAS, the relevant details of the Partnership have been included within Part 1 of the Environmental Assessment Form (EAF) that was prepared by Onondaga and Cortland Counties and submitted to the involved agencies on March 25, 2014, AND WHEREAS, an analysis of the potential environmental impacts has been conducted pursuant to SEQRA, AND WHEREAS, the Project is considered a Type I Action under SEQRA and the County, as Co-Lead Agency, has 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 DEIS, which was published in the Environmental Notice Bulletin (ENB) on May 14, 2014 and in a legal notice in The Cortland Standard on May 14, 2014, AND RESULT: ADOPTED [12 TO 3] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Boyden, Wheelock, Briggs, Whitney, Price, Wagner, Sudbrink NAYS: Knolls, Joseph Steinhoff, James Denkenberger EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 321 WHEREAS, the Co-Lead Agencies produced and circulated a draft scoping document and Cortland County considered public comment on the draft scope at a public hearing held May 22, 2014 Legislative Chambers of the Cortland County Legislature, AND WHEREAS, Cortland and Onondaga Counties have completed formal scoping to provide an opportunity for public input regarding issues to be examined in the DEIS, AND WHEREAS, upon consideration of the Final Written Scope and the standards for preparation of the DEIS contained in 6 Part 617.9 of the applicable SEQR regulations, it has recommended by the Solid Waste Committee that the DEIS is adequate with respect to scope and content for the purpose of commencing public review and recommends the Legislature determine is adequacy, AND WHEREAS, it is the desire of this Legislature, pursuant to Article 8 of the New York State Environmental Conservation Law and its implementing regulations, to call a public hearing to inform the public on the nature, scope and anticipated environmental impacts of the proposed action and to accept public comments thereon, NOW THEREFORE BE IT RESOLVED, that the County of Cortland, having been authorized and ratified to act as Co-Lead Agency pursuant to SEQRA, hereby determines that the DEIS prepared by Cortland and Onondaga Counties and filed with this Legislature is satisfactory with respect to scope, content and adequacy for commencement of public review pursuant to SEQRA, and is hereby accepted and adopted by the County, AND BE IT FURTHER RESOLVED, that upon acceptance by both co-lead agencies, copies of the DEIS shall be posted on the County’s website, placed in the Cortland Library, and be sent to all involved agencies identified in the EAF, AND BE IT FURTHER RESOLVED, that upon acceptance by both co-lead agencies, a Notice of Completion of the DEIS and a Notice of Public Hearing shall be published in the Environmental Notice Bulletin and local newspaper without delay, AND BE IT FURTHER RESOLVED, that written comments on the DEIS may be submitted to: Jillian Blake, Barton & Loguidice, Attention: Cortland-Onondaga Partnership, 290 Elwood Davis Road, Box 3107, Syracuse, NY 13220, [EMAIL REDACTED]; until 4:30 pm on January 17, 2015, AND BE IT FURTHER RESOLVED, that pursuant to Article 8 of the New York State Environmental Conservation Law and its implementing regulations a public hearing to consider the DEIS shall be held January 5, 2015, AND BE IT FURTHER RESOLVED, that this resolution shall be forwarded to the Cortland County Legislature for consideration and determination of adequacy, AND BE IT FURTHER RESOLVED, that the Chairperson of the Legislature, or her designee, is authorized to take such action as she deems necessary to comply with the notice requirements of SEQRA, and to initiate the review of the proposed action by DEC and other involved agencies. AGENDA ITEM NO. 11 – Authorize Amendment to 2014 Transportation and Safe Disposal of Household Hazardous Waste Agreement Highway Department/Landfill ---PAGE BREAK--- 322 ON MOTION OF HARTNETT RESOLUTION NO. 329-14 Authorize Amendment to 2014 Transportation and Safe Disposal of Household Hazardous Waste Agreement Highway Department/Landfill WHEREAS, the Cortland County Highway Department advertised for a base bid for the Handling, Transportation and Safe Disposal of Household Hazardous Waste, AND WHEREAS, the Cortland County Highway Department received the base bids for the Handling, Transportation and Safe Disposal of Household Hazardous Waste, AND WHEREAS, adoption of Resolution 149-14 awarded the contract to Care Environmental Corp., 429 East Blackwell St. Dover, NJ 07801 for a not-to-exceed cost of $7,000.00, AND WHEREAS, the total amount of household hazardous waste actually accepted at the contract bid prices amounted to $7,395.00, AND WHEREAS, the funding application amount to NYSDEC is not to exceed $9,800.00, NOW THEREFORE BE IT RESOLVED, that the contract with Care Environmental Corp. for the Transportation and Safe Disposal of Household Hazardous Waste Agreement be amended to increase the not-to- exceed cost by $395.00, for a total of $7,395.00, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make the additional payment from Account EL81605.54625 for the Handling, Transportation and Safe Disposal of Household Hazardous Waste to Care Environmental Corp., 429 East Blackwell St. Dover, NJ 07801, 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 amended agreement with Care Environmental Corp., 429 East Blackwell St. Dover, NJ 07801. AGENDA ITEM NO. 12 – Household Hazardous Waste Application Highway Department/Landfill ON MOTION OF HARTNETT RESOLUTION NO. 330-14 Household Hazardous Waste Application Highway Department/Landfill A Resolution Authorizing the Filing of an Application for a State Assistance from the Household Hazardous Waste (HHW) State Assistance Program for 2015 and Signing of the Associated State Contract, RESULT: ADOPTED [12 TO 3] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Boyden, Wheelock, Briggs, Whitney, Price, Wagner, Sudbrink NAYS: Knolls, Joseph Steinhoff, James Denkenberger EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 323 Under the Appropriate Laws of New York State. 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. AGENDA ITEM NO. 13 – Authorize Agreement/Environmental Monitoring Highway Department/Landfill ON MOTION OF HARTNETT RESOLUTION NO. 331-14 Authorize Agreement/Environmental Monitoring Highway Department/Landfill WHEREAS, the Cortland County Soil & Water Conservation District has submitted a proposal to provide monitoring services and the associated report preparation for the Cortland County Landfill, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 324 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 the Cortland County Soil and Water Conservation District to perform the environmental monitoring and the associated report preparation for the Cortland County Landfill for an estimated cost of $68,000.00 per year, to be paid from Landfill Account A81605-54055 commencing on January 1, 2015 and ending December 31, 2015. AGENDA ITEM NO. 14 – Authorize Agreement/Leachate Testing Highway Department/Landfill ON MOTION OF HARTNETT RESOLUTION NO. 332-14 Authorize Agreement/Leachate Testing Highway Department/Landfill WHEREAS, the Highway Superintendent has recommended Microbac-New York, 3821 Buck Drive, Cortland New York to perform leachate laboratory testing, AND WHEREAS, the testing of leachate and storm water is required under the NYSDEC landfill permit and the City of Cortland Wastewater permit, 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 execute a one year agreement with Microbac- New York, 3821 Buck Drive, Cortland New York to perform the leachate testing and the associated report preparation for the Cortland County Landfill for an estimated cost of $14,000.00 Per year, commencing on the execution of the agreement and ending December 31, 2015, AND BE IT FURTHER RESOLVED, that Microbac-New York services may be required by the Highway Department to perform various miscellaneous tasks, AND BE IT FURTHER RESOLVED, that all costs associated with landfill leachate testing shall be charged to account # EL81605.54055 and all miscellaneous testing be charged to Account No. #D50205.54055. Referred from Health & Human Services Committee AGENDA ITEM NO. 15 – Amend Budget / Contract Mental Health Department Contract with Franziska Racker Center RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas P. Hartnett, Legislative District 3 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 325 ON MOTION OF PRICE RESOLUTION NO. 333-14 Amend Budget / Contract Mental Health Department Contract with Franziska Racker Center WHEREAS, the Cortland County Mental Health Clinic and Franziska Racker Center entered into contract #365-13 for the period December 31, 2013 through December 31, 2014 for $39,973.00 to provide a day treatment program for students with serious emotional and behavioral needs, AND 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, NOW THEREFORE BE IT RESOLVED, that the 2014 Contract with Franziska Racker Center be amended as follows: Increase OMH Funding: Revenue A431043 43490 4219 $129,541 Expense A43105 54870 4219 $129,541 AGENDA ITEM NO. 16 – Authorize Agreement/Accept Funds Health Department/Nursing Administration Local Health Department Performance Incentive Initiative 2013-2014 Ms. Price said the Health Department received a score of 100%, which allowed for obtaining these grant funds. ON MOTION OF PRICE RESOLUTION NO. 334-14 Authorize Agreement/Accept Funds Health Department/Nursing Administration Local Health Department Performance Incentive Initiative 2013-2014 WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $12,000 for receiving a high achievement score of 100 on the timeliness and completeness of communicable disease reports and investigations over a six month period, AND WHEREAS, these funds will be used to support costs associated with Article 6 eligible services, AND WHEREAS, the 2014 County Budget needs to be amended as follows: Increase: RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 326 Revenue: A401043.43401 State Aid $12,000 Increase: Expenditure: A40115.52010 Office Equipment $3,000 A40115.52015 Technical Equipment $1,550 A40115.52060 Computer Equipment $6,500 A40115.54004 , NOW THEREFORE BE IT Computer Software $950 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. 17 – Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program NYS GRANT) ON MOTION OF PRICE RESOLUTION NO. 335-14 Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program NYS GRANT) WHEREAS, continued funding from the NYS Department of Health is available in the amount of $18,203 for the Children with Special Health Care Needs program, for the contract period October 1, 2014 through September 30, 2015, AND WHEREAS, these funds have already been budgeted for in the 2014/2015 budget, in Expenditure Accounts A40115.51005, $11,742 (Personnel), A40115.58020-58065, $6,461, and Revenue Account A405944.44451, $18,203, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or designees, 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. 18 – Amend Budget - Area Agency on Aging (Title IIIE, EISEP) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 327 ON MOTION OF PRICE RESOLUTION NO. 336-14 Amend Budget - Area Agency on Aging (Title IIIE, EISEP) WHEREAS, the New York State Office for the Aging has allocated additional funds in the amount of $1,376.00 for services under the Title IIIE Family Caregivers Support Program and the Expanded In-Home Services for the Elderly Program for the period January 1, 2014 through December 31, 2014, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-54055 4326 Professional Services - EISEP +$1,110.00 A67725-54005 4332 Office Supplies - IIIE 266.00 Revenues: A677243-43772 4326 State Aid - EISEP +$1,110.00 A677244-44772 4332 Federal Aid - Title IIIE 266.00 Referred from Agriculture/Planning/Environment Committee AGENDA ITEM NO. 19 – Amend 2014 Budget Statewide Mass Transportation Operating Assistance (STOA) SFY 2014-15 Hold Harmless Provision Planning Department ON MOTION OF TROY RESOLUTION NO. 337-14 Amend 2014 Budget Statewide Mass Transportation Operating Assistance (STOA) SFY 2014-15 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 RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Joseph Steinhoff, Legislative District 12 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 328 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), NOW THEREFORE BE IT RESOLVED, that Cortland County has received a SFY 2014-15 “Hold Harmless” payment in the amount of $214,537 which will be paid to Cortland County’s public transportation provider, First Transit, Inc., AND BE IT FURTHER RESOLVED, that Cortland County 2014 budget is amended to show the Revenue/Appropriations as follows: Increase: Appropriations: A80225-54081 5311 STOA $214,537. Increase: Revenue A802243-43594 5311 STOA $214,537. AGENDA ITEM NO. 20 – Amend 2014 Budget Transportation – Purchase of Bus Shelter Cortland County Planning Department Mr. Dineen said this shelter will be placed in the Village of McGraw at the Senior Housing Center. A shelter was placed last year at the McGraw Community Center. ON MOTION OF TROY RESOLUTION NO. 338-14 Amend 2014 Budget Transportation – Purchase of Bus Shelter Cortland County Planning Department 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 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, Resolution 37-13 accepted the bid from Handi-Hut, Inc for the purchase of a shelter, NOW THEREFORE BE IT RESULT: ADOPTED [13 TO 2] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger NAYS: Gordon Wheelock, Charles Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 329 RESOLVED, that the 2014 County Budget be amended as follows: Decrease: A369110 Reserve Account $4,212.00 Increase: Expense: A80225.52030 Motor Vehicle Equipment $4,212.00 Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 21 – Adopt Local Law No. 18 of 2014 -A Local Law Regulating Second Hand Dealers Deputy City Police Chief Paul Sandy addressed the Legislature in support of the Local Law. The owner of the local Pawn Boss store said that the paperwork required by the law is burdensome, particularly when it comes to CDs and DVDs, and that the requirement that merchandise be held for 14 days creates a hardship for secondhand dealers due to busy shopping periods and a fluctuating commodities market. Ms. Howe said the 14 Days was chosen as many people take a vacation for a full week, and including weekends often extend up to 11 days. She also said that the Local Law does not have an effective date included yet, and the Legislature must amend the law to include that date. Mr. Troy questioned the legality of amending a Local Law on the floor. Ms. Howe said the intent of the law is not changing, only the effective date and the amendment is allowable. Mr. Whitney made a motion to enact the Law January 1, 2015. Second by Mr. Bushnell. All members voting in favor of the amendment, except Mr. Wagner, who was opposed. The motion was approved. ON MOTION OF BUSHNELL RESOLUTION NO. 339-14 Adopt Local Law No. 18 of 2014 -A Local Law Regulating Second Hand Dealers COUNTY OF CORTLAND Local Law No.18 of the year 2014 A LOCAL LAW REGULATING SECONDHAND DEALERS Be it enacted by the Cortland County Legislature of the County of Cortland as follows: Section 1. Legislative Finding & Purpose. The purpose of this local law is to protect the residents of the County of Cortland by discouraging the theft, sale and purchase of stolen goods. Those secondhand dealers engaged in the sale of secondhand goods often serve a legitimate function, but may also be used by thieves to dispose of stolen goods. This Local Law will regulate those commercial outlets by requiring Secondhand Dealers to register their RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 330 businesses, to maintain records of transactions and to provide such records to any police agency operating within the confines of Cortland County. These requirements will serve to assist in the recovery of stolen items, assist in the detection and apprehension of thieves and discourage Secondhand Dealers from taking in articles that they suspect may be stolen, thereby reducing the market for stolen goods and discouraging theft. Section 2. Definitions. In addition to their ordinary meaning, the following terms as used herein shall be defined as: a. "Secondhand Dealer" means any person, corporation, partnership, association, limited liability corporation, and the agents, associates or employees thereof, regularly engaged in the commercial exchange, purchase and/or sale of secondhand articles. Pawnbrokers, precious metal dealers, transient merchants and scrap processors shall be classified as secondhand dealers. "Pawnbroker" means any person or business establishment who holds goods as collateral on short term, high interest loans or a person who qualifies as a "Collateral Loan Broker" pursuant to section 52 of the New York General Business Law. "Precious Metal Dealer" means any person, company, corporation, partnership, association, limited liability corporation, and the agents, associates or employees thereof operating from a fixed location who engage in the sale, purchase, or exchange of precious metals and/or jewelry or other objects of precious metal, jewelry, United States Currency, bank drafts, other negotiable instruments as defined in the Uniform Commercial Code or any other object or thing of value. "Transient Merchant" means a business conducted in a store, hotel, building or other structure, whether temporary or permanent in nature and however zoned, for the purchase and sale of "Secondhand Articles" as defined herein, and which is intended to be conducted for a temporary period of time and not permanently. If the place in which a business is conducted is rented or leased for a period of six months or less, such fact shall be presumptive evidence that the business carried on therein is a transient business. "Scrap Processor" means any person, company, corporation, partners hip, association, limited liability corporation, and the agents, associates or employees thereof operating from a fixed location where machinery and equipment are used for processing scrap metals of all kinds including auto wreckage yards. b. "Secondhand Article" means any article or object that has previously been bought or sold at retail and I or which has been previously used and I or is not in a new condition. This shall include any "gift card" or other electronic payment device that is usable at a single merchant or an affiliated group of merchants that share the same names mark, or logos is issued in a specific amount, and may or may not be increased in value or reloaded, or as otherwise defined in Article 26, Section 396(1) or Article 13, Section 1315 of the New York State General Business Law. c. "Identification" means an official document issued by the United States government, or by any state, county municipality, public agency or department thereof, provided that such document contains a photographic image of the holder. d. "Precious metals" shall mean gold, silver, platinum, titanium, precious and semi-precious stones and coins. e. "Antiques" are such items or collectibles recognized as such by established dealer associations within the industry. Section 3. License Required. ---PAGE BREAK--- 331 Effective J a n u a r y 1 , 2015, no person, corporation, partnership, association, Limited Liability Corporation or other entity shall operate in Cortland County as a Secondhand Dealer or hold themselves out as a Secondhand Dealer without first being licensed by the Cortland County Clerk Office as provided for herein. Section 4. Exemption from Licensing Requirement. Nothing in this Local Law shall be construed to apply to the following: a. The sale of any item sold at a garage sale, yard sale, estate sale, or moving sale (collectively referred to herein as "garage sale"), provided that all of the following conditions are met: 1. The garage sale is held on residential property owned, rented, leased or occupied by the seller or by at least one seller if there are multiple sellers; and 2. The items offered for sale are owned by the seller, and/or the seller is authorized by the owner to sell said items; and 3. The garage sale does not exceed a period of ninety-six (96) consecutive hours; and 4. The seller does not conduct more than three garage sales in any consecutive twelve month period; and 5. None of the items offered for sale were purchased by the seller for resale or received on consignment for purposes of resale. b. The sale of any Secondhand Article by any non-profit or charitable organization or on property occupied by any non-profit or charitable organization that is exempt from taxation under 501(c)(3) or 501(c)(4) ofthe Internal Revenue Code. c. The sale of Secondhand Articles at an auction held by a licensed auctioneer. d. The sale of used furniture, used clothing or used infant /children's items. e. The sale of electronics and games for electronics are not exempt from the requirements of this Local Law, but are exempt if sold at a garage sale, yard sale, estate sale or moving sale as provided for herein. f. Internet sales or purchases by private individuals, who are not engaged in a business as a "Secondhand Dealer". g. Any transaction involving the purchase or sale of merchandise already regulated by New York State involving the recording of each transaction, such as motor vehicles, recreational vehicles, and snowmobiles, where specific documentation is mandated and filed with the New York State Department of Motor Vehicles. h. The sale of Secondhand Articles at antique shows or trade shows, where such shows are advertised and/or promoted as such. i. Antique dealers, who operate their corporation, partnership, association, limited liability corporation as a full-time business, with 80% of the income resulting from the buying and selling of antiques. Section 5. License Application. Applicants for a license pursuant to this Local Law must file with the Cortland County Clerk's Office an application, supplied by such office, containing the following information: ---PAGE BREAK--- 332 a. The exact name, address, and telephone number of the applicant and the principals and officers thereof and the date of incorporation or organization, as applicable; and b. The name, business address, residential address, and telephone number of the operator of such business if other than the applicant; and c. The address and telephone number where the business is to be conducted; and d. The days and hours during which such business will be customarily open to the public; and e. Names and telephone numbers for owners, officers, principals, and employees w h o should be notified outside normal business hours in case of emergency, such as damage to the property, burglary, alarms, and unsecured business. f. A certification that the applicant, including its principals and officers, have not been convicted within the immediately preceding ten years of a crime contained within New York State Penal Law Sections: 140, 155, 160, 165, 170 or 175, or any other section of law, which demonstrates a history of theft or other fraudulent dealing. Section 6. License Fee. Upon original application for a license to operate as a Secondhand Dealer, applicant shall pay to the Cortland County Clerk Office a fee in the amount of $50.00. a. A license shall remain valid until such time the corporation, partnership, association, Limited Liability Corporation or other entity terminates business, changes ownership, the license if voluntarily surrendered, or the license is revoked for violation of this law. b. Any corporation, partnership, association, Limited Liability Corporation or other entity, currently established as a "Secondhand Dealer" at the time of enactment of this local law, shall be exempt from paying the application fee, providing they submit their application within 90 days of the passage of this law. Section 7. Licensing. Upon filing of an application for a license, if any police agency operating within the confines of Cortland County shall be satisfied that the application complies with the provisions of this Local Law, the Cortland County Clerk Office shall issue a license to operate as a Secondhand Dealer. The license shall remain in effect for the lifetime of the corporation, partnership, association, Limited Liability Corporation or other entity, unless voluntarily surrendered or revoked. Any police agency operating within the confines of Cortland County shall approve or deny every application within ninety (90) days from filing. In the event the location of the business changes, licensee shall notify the Cortland County Clerk Office in writing. If there are changes among the principles, officers or operators of such business, licensee shall notify the Cortland County Clerk Office and shall reapply for a new license. Section 8. Grounds for Denial or Revocation of License. a. Any police agency operating within the confines of Cortland County shall have the power to deny the application for a license of any applicant, where such applicant, including the principals or officers thereof, has been convicted within the immediately preceding ten years of a crime involving theft, larceny, burglary, possession of stolen property, or other fraudulent dealing. b. Any police agency operating within the confines of Cortland County may revoke any license granted herein in the following situations: 1. Where the Secondhand Dealer is convicted of a crime involving theft, larceny, burglary, ---PAGE BREAK--- 333 possession of stolen property, or other fraudulent dealing or of a violation of this Local Law, as provided for in Section 14. Voidance; 2. Where the Secondhand Dealer has made a false statement in connection with its application; 3. Where the Secondhand Dealer revokes the consent to examine such records and Secondhand Articles, as provided for in Section 12. Requirement to Hold Secondhand Articles Prior to Disposal, Resale or Alteration, and Additional Requirements; and 4. Where the Secondhand Dealer fails to apply for a new license upon the change of any principles, officers or operators of the business or fails to notify Cortland County Clerk in writing of the change in location of the business. c. Notice of denial or revocation of a license issued pursuant to this Local Law shall be given by a n y police agency operating within the confines of Cortland County or t h e i r designee in writing, setting forth specifically the grounds on which such license was either denied or revoked with opportunity to be heard. Such notice shall be transmitted by certified or registered mail or personal service. Such denial or revocation may be challenged in a special proceeding conducted pursuant to Article 78 of the New York State Civil Practice Law and Rules. Pending the outcome of such special proceeding regarding the Sheriff's denial or revocation of a license, no person shall operate as a Secondhand Dealer. Section 9. Expiration and Renewal of Licenses. A license issued pursuant to this Local Law shall remain in effect for the lifetime of the corporation, partnership, association, Limited Liability Corporation or other entity, unless voluntarily surrendered or revoked. Section 10. Display of License. Every Secondhand Dealer shall cause the Secondhand Dealer license to be prominently displayed at said Secondhand Dealer's place of business. Section 11. Records to be maintained by Secondhand Dealer. a. Seller Information. Except as otherwise provided herein no Secondhand Dealer operating within Cortland County shall acquire any Secondhand Article unless such Secondhand Dealer has obtained and recorded the following information. The information obtained shall be recorded on a written receipt, which receipt shall be numbered in consecutive order and maintained in the Secondhand Dealers records as provided for herein. 1. The amount paid, advanced, or loaned for the article; 2. A detailed and accurate description of the article including manufacturer, size, color, style, any other pertinent information so as to render the item readily identifiable. 3. The serial, owner applied numbers/marks, inscriptions, make, and model number (if any); 4. In the case of precious metals, jewelry, and gems a photograph of the article and manufacturer, size, color, style, any other pertinent information so as to render the item readily identifiable. If a purchase is made based upon weight, said weight and all calculations must be documented and recorded in "Troy Ounce" and all scales utilized for such purchases shall be approved by standards contained within New York State Ag & Markets Law, with said scales being calibrated and certified annually by the Office of Cortland County Weights and Measures. ---PAGE BREAK--- 334 5. The seller's Identification information as required in subparagraph b of this section 11. Records to be maintained by Secondhand Dealer. 6. The date, time and place of the acquisition. 7. The date, time, location and identification of purchaser of any sale of the items, as well as the selling price. b. Identification Information. Prior to acquiring any Secondhand Article, every Secondhand Dealer shall request and review Identification from the seller to verify the seller's identity by comparing the seller to the photographic image contained on said Identification. The Secondhand Dealer shall record the seller's name, date of birth and address (or current address if different than that listed on the Identification), and the identification number (e.g. motorist ID number) listed on the Identification. The Secondhand Dealer shall make a photocopy or photograph of the front of the Identification. If the acquisition is made from a seller who is also a Secondhand Dealer, the Secondhand Dealer purchasing the item shall also record the business name and address of such seller and a statement by such seller regarding the number of days the item was held by such seller prior to instant acquisition. c. No secondhand dealer may purchase any secondhand property from any person who appears to be under the influence of alcohol or drugs, any person under the age of 18 years or any person obviously providing false information d. Records Retention/Inspection. 1. Every Secondhand Dealer shall maintain a legible, organized, chronological written log of all purchases for a period of five years all of the information required in subparagraphs a and b of this Section 12. Requirement to Hold Secondhand Articles Prior to Disposal, Resale or Alteration, and Additional Requirements. Computerized records may be used to supplement the requirements of this Local Law, provided that such records include the required information, have a backup file to prevent unrecoverable loss, and are available upon reasonable request for inspection in printed format. A computerized purchase log shall not replace the need to maintain a written log. 2. All records required by this Local Law and each Secondhand Article shall be subject to examination during such times and in such areas of the business that are open to the public by any member of any police agency operating within the confines of Cortland County, or any other police department or law enforcement agency. Consent to such examination shall be a condition of obtaining and retaining the Secondhand Dealer license. In the event that a Secondhand Dealer revokes the consent to examine such records and Secondhand Articles, the license granted herein shall be revoked by any police agency operating within the confines of Cortland County. Nothing in this Local Law shall diminish or obviate the need for voluntary consent or a warrant to search a residence or other location not open to the public. 3. Every Secondhand Dealer licensed to do business in Cortland County shall forward to Any police agency operating within the confines of Cortland County, either an electronic copy or a paper copy of the Seller Information required by subparagraphs a and b of this Section 12. Requirement to Hold Secondhand Articles Prior to Disposal, Resale or Alteration, and Additional Requirements, for each Secondhand Article acquired in the immediately preceding seventy-two (72) hours, and shall cause such information to be transmitted to the Sheriff at the designated address. Photographs of precious metals, jewelry and gems shall not be required to be transmitted with these forms, but will be provided for investigative purposes if requested. ---PAGE BREAK--- 335 4. If the Secondhand Dealer or employee of any establishment covered by this Local Law has reason to believe from the circumstances presented that an item has been stolen or acquired by dishonest means, it shall be his or her duty to immediately report same to Any police agency operating within the confines of Cortland County or local law enforcement agency covering their geographical jurisdiction. Section 12. Requirement to Hold Secondhand Articles Prior to Disposal, Resale or Alteration, and Additional Requirements. a. As a condition of licensing, the Secondhand Dealer shall agree to hold, for a period of fourteen (14) days after the acquisition of, any Secondhand Article, excluding the day of acquisition (the "holding period"). Every Secondhand Dealer shall maintain the Secondhand Article in a manner so as to be easily identified with the record documenting the transaction in which said article was acquired. During the holding period, no Secondhand Dealer shall: 1. Sell, trade, transfer, remove from the local business premises or otherwise dispose of any Secondhand Article covered by this Local Law; 2. Alter in any fashion any such article; or 3. Commingle any such article with similar items. b. As a condition of licensing, the Secondhand Dealer shall agree to hold, for a period of seventy- two (72) hours, any Secondhand Article for sale in the business, where a police officer has notified the Secondhand Dealer that law enforcement suspects that the article is stolen property. The 72- hour hold period shall commence at the time of said notification. During the holding period, no Secondhand Dealer Shall: 1. Sell, trade, transfer, remove from the local business premises or otherwise dispose of any Secondhand Article covered by this Local Law; 2. Alter in any fashion any such article; or 3. Commingle any such article with similar items. c. As a condition of licensing, any Secondhand Dealer who purchases, sells or offers for sale new articles, shall obtain those new articles only from an authorized retailer or wholesaler. Nothing in this paragraph c shall prohibit the purchase or sale of new items obtained from individuals who sell less than three of an identical or same type of article within any calendar year. d. As a condition of licensing, the Secondhand Dealer shall agree to relinquish to any law enforcement agency any item in the dealer's possession when: 1. The item is established to be stolen; and 2. The owner of the item or the victim of a theft has positively identified the item and provided an affidavit of ownership and has made a report of the theft to a law enforcement agency; and 3. The stolen property report describes the item by one or more of the following date, initials, an insurance record, a photograph, a sales receipt, a serial number, specific damage, or a statement of facts that show the item is one of a kind or a unique engraving; and 4. The Secondhand Dealer is given a receipt for the item released. ---PAGE BREAK--- 336 e. Any Secondhand Dealer covered by this Local Law, who is required to relinquish an item pursuant to this provision, is not entitled to demand or condition the release upon any reimbursement from the Law Enforcement Agency, the owner of the item, or the victim of the theft. A dealer who is himself or herself a victim of a crime may seek restitution or reparation in accordance with the New York State Penal Law. Section 13. Penalty. Any violation of the provisions of this Chapter shall constitute an offense and shall be punished as follows: a. Any Secondhand Dealer, who fails to comply with any of the provisions of this Local Law, shall be guilty of an Unclassified Misdemeanor as defined in Section 55.10 of the Penal Law of the State of New York as may be amended from time to time. Upon conviction thereof, shall be punished by a fine no less than $1,000 and I or a one month suspension of their Secondhand Dealer license for the first offense; a fine no less than $2,000 and I or a two month suspension of their Secondhand Dealer License for the second offense, and a fine no less than $3,000 and I or a six month suspension of their Secondhand Dealer License for each subsequent offense. Every violation of any provision of this local law shall constitute a separate and distinct offense. b. Any Secondhand Dealer who is convicted of three violations of this Local Law within a 36 month period shall have their Secondhand Dealer License revoked immediately and shall not be allowed to reapply for a new Secondhand Dealer License for a period of two years. Section 14. Voidance. This law shall be null and void on the day that statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Cortland. The county legislature may determine by resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section. Section 15. Severability. If any provision, sentence or clause of this Local Law is held unconstitutional, illegal or invalid by a court of competent jurisdiction, such findings shall not affect or impair any of the remaining provisions, sentences or clauses of their application to persons and circumstances. Section 16. Application. This Local Law shall apply to all Secondhand Dealers operating in Cortland County, except that this Local Law shall be inapplicable in any city, village or town during such time as such city, village or town is regulating or licensing the occupation or business in question. Section 17 . Effective Date. The Local Law shall become effective January 1, 2015, and shall be filed, pursuant to the provisions of the Municipal Home Rule. AGENDA ITEM NO. 22 – New York Office of the Attorney General (“OAG”) Bullet Proof Vest (InVest) Partnership ---PAGE BREAK--- 337 ON MOTION OF BUSHNELL RESOLUTION NO. 340-14 New York Office of the Attorney General (“OAG”) Bullet Proof Vest (InVest) Partnership WHEREAS, the County of Cortland Sheriff’s Department has been awarded $4,000.00, in which the OAG will reimburse the Cortland County Sheriff’s Department 50 percent of the purchase of 8 protective vests or up to $4,000.00 (whichever is less) from the New York Office of the Attorney General (“OAG”) Bullet Proof Vest (“inVEST”) Partnership, which provides reimbursement under the inVEST program, NOW THEREFORE BE IT RESOLVED, that the County of Cortland Sheriff’s Department hereby is authorized to accept grant funds from the New York “OAG” in the amount of $4,000.00, AND BE IT FURTHER RESOLVED, that the 2014 County Budget be amended as follows: Increase: Revenue: A311043-43389-3103 Public Safety State Aid $4,000.00 Expense: A311055-54085-3103 Uniforms/Clothing $4,000.00 Referred from Personnel Committee AGENDA ITEM NO. 23 – Authorize Agreements Personnel/Civil Service ON MOTION OF PRICE RESOLUTION NO. 341-14 Authorize Agreements Personnel/Civil Service 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 2015 budget in account numbers A14305.54015, 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, 2014 through December 31, 2015 for or with RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 338 the following to be paid from the accounts listed, and in accordance with the attached: PSTEK, Inc. AGENDA ITEM NO. 24 – Authorize Agreement NTS Data Services, LLC ON MOTION OF PRICE RESOLUTION NO. 342-14 Authorize Agreement NTS Data Services, LLC WHEREAS, the Agreement between the Cortland County Board of Elections and NTS Data Services, LLC will expire on December 31, 2014, AND WHEREAS, it is necessary to have this agreement for software support and maintenance for the TEAM-2000 Voter Registration Software, Sign-It Signature Digitization Software and Interfacing Messaging System in order for the Board of Elections to properly carry out its legal duties, AND WHEREAS, NTS Data Service, LLC will provide the software support and maintenance for the five year period of January 1, 2015 through December 31, 2020 at a cost of $117,405.00, with five annual payments of $23,481.00, NOW, THEREFORE IT BE RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval of the County Attorney, is hereby authorized to sign a five year contract with NTS Data Service, LLC for software support and maintenance, not to exceed $117,405.00. Referred from Budget & Finance Committee AGENDA ITEM NO. 25 – Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau ON MOTION OF WHITNEY RESOLUTION NO. 343-14 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Minority Leader AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Minority Leader SECONDER: Amy Cobb, Legislative District 2 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 339 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 WHEREAS, the Cortland County Convention and Visitors Bureau has requested to be designated the Tourism Promotion Agency for Cortland County in 2014, NOW THEREFORE BE IT ESOLVED, 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. 26 – Authorize Agreement/Treasurer's Office County Wide Cost Allocation Plan Venesky & Co. ON MOTION OF WHITNEY RESOLUTION NO. 344-14 Authorize Agreement/Treasurer's Office County Wide Cost Allocation Plan Venesky & Co. WHEREAS, there is available reimbursement for indirect costs for programs administered locally under grants from the Federal Government, AND WHEREAS, in order to obtain said reimbursement it is necessary to develop a County Wide Cost Allocation Plan and a Department of Social Services (DSS) Indirect Cost Proposal for the years ending 2014, 2015 and 2016, AND WHEREAS, Funds are available in the 2014 County Budget (Account A60105 54055 and A19255 54055), NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature upon review by the County Attorney, be and hereby is authorized to execute an agreement with Venesky & Co. 6114 Route 31, Cicero, N.Y. amount of $12,500 each year for the years ending 2014, 2015 and 2016 to develop said documentation, AND BE IT FURTHER RESOLVED, that A. Monroe, County Treasurer, be and hereby is appointed liaison for said program. AGENDA ITEM NO. 27 – Authorize Agreement OCE Reader/Printer Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 340 ON MOTION OF WHITNEY RESOLUTION NO. 345-14 Authorize Agreement OCE Reader/Printer Real Property Tax Services WHEREAS, the OCE reader/printer located in Real Property Tax Services requires an annual 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, 2015 through December 31, 2015 at a cost of $3,368.16, 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 A13555.54050 Equipment Maintenance/Repair. AGENDA ITEM NO. 28 – Authorize Agreement Image Mate Online Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 346-14 Authorize Agreement Image Mate Online Real Property Tax Services 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, 2015 and ending December 31, 2015 to be paid out of Account #A13555- 54004 in the amount of $4,500. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Hartnett, Bushnell, Snyder, Knolls, Boyden, Wheelock, Briggs, Steinhoff, Whitney, Price, Wagner, Denkenberger, Sudbrink EXCUSED: Mary Ann Discenza, Newell Willcox Jr. ---PAGE BREAK--- 341 Executive Session Announcements Mr. Boylan asked for a motion to rescind Local Law 17 of 2014 - the Local Law to Exceed the Property Tax Cap. Mr. Troy made the motion, second by Mr. Bushnell. All members voting in favor; none opposed. Ms. Briggs said she would like to send assistance (personnel and equipment) to western NY to deal with recent the recent blizzard. There were no objections from the Legislature. Adjourn Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, December 18, 2014 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink ABSENT: Hartnett (Excused), Discenza (Excused), Wheelock (Excused), Steinhoff (Excused), Price (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Nov 20, 2014 6:00 PM Proclamations & Recognitions Proclamations and Recognitions Privilege of the floor Ms. Susan Morgan spoke in opposition to Agenda Item No. 29. She said she is concerned with the speed at which the resolution is being presented for a vote. She said the resolution creates a position in the County Administration Department, but that no such department has ever been created, rather the office of County Administrator was created by Local Law 7 of 2002. She said the job description incorporates the current duties of the County Auditor, which presents a problem with checks and balances. RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 342 Ms. Pam Jenkins spoke in opposition to Agenda Items 12 and 13, and submitted comments. Ms. Alison King spoke regarding Agenda Item 12. She said Mr. Hans Arnold of Gerhardt Associates is a knowledgeable consultant and she encouraged the Legislature to request additional services with this firm outside the scope of the potential regional partnership. She said the scope of the contract with Gerhardt is not essential at this time, as it is too early to be negotiating a contract with OCRRA at this time. She said OCRRA's contract to tip ash can be extended for several more years. Presentation of Petitions, Communications, and Notice Receive and File 2015 Highway Capital Improvement Plans Recieve & File - Unpaid School and Village Taxes for 2014 - Treasurer Recieve & File - McLean Road Hydraulic Study Results Recieve & File - 2014 Highway Vehicle Inventory 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 to Soil and Water Conservation Board (Eugene Wright - RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 343 Grange Representative) ON MOTION OF BRIGGS RESOLUTION NO. 347-14 Appoint Member to Soil and Water Conservation Board (Eugene Wright - Grange Representative) WHEREAS, Resolution 14-12 appointed Eugene Wright, Grange Representative for a term to expire December 31, 2014, AND WHEREAS, the Cortlandville Grange has recommended the reappointment of Mr. Wright, NOW THEREFORE BE IT RESOLVED, that Eugene Wright is hereby re-appointed to serve on the Soil & Water Board for a term to expire on December 31, 2017 as provided by NYS Soil and Water Conservation District Law. AGENDA ITEM NO. 2 – Appoint Member Cortland County Board of Health (Marie Walsh) ON MOTION OF BRIGGS RESOLUTION NO. 348-14 Appoint Member Cortland County Board of Health (Marie Walsh) WHEREAS, the term of Marie Walsh as the city representative on the Cortland County Board of Health, established by Resolution 141-10, has expired, NOW THEREFORE BE IT RESOLVED, that Marie Walsh, 46 Madison Street, Cortland, New York 13045, be and hereby is appointed to the Cortland County Board of Health to fill the remainder of the term to expire December 31, 2020. AGENDA ITEM NO. 3 – 2015 Fire Advisory Board Appointment / Reappointment RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Donnell Boyden, Majority Leader AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 344 ON MOTION OF BRIGGS RESOLUTION NO. 349-14 2015 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, 2015 and expiring December 31, 2015: Shawn Scoville, Cincinnatus FD, 5756 Telephone Rd. Cincinnatus, NY 13043 Richard Allen, Cortland FD, 35 Garfield Street, Cortland, NY 13045 Charles Glover, Cortland FD, 16 Dawn Drive, Cortland, NY 13045 Derek Reynolds, Cortland FD, 4 Grace Street, Cortland, NY 13045 Michael Biviano, Cortlandville FD, 3900 Highland Road, Cortland, NY 13045 Jared Gebel, Cortlandville FD, PO Box 5331, Cortland, NY 13045 Kelvin Corbin, Cuyler FD, 4976 Lincklaen Road, Cuyler, NY 13158 Justin Cook, Harford FD, PO Box 29, 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 Larri Leet, Marathon FD, 1171 Salt Road, Marathon, NY 13803 Norm Forrest, Marathon FD, 3484 Tannery St. Ext., Marathon, NY 13803 Thomas Heller, McGraw FD, 28 West Center Street, McGraw, NY 13101 Brian Davis, McGraw FD, 3777 Clinton Street Ext. McGraw, NY 13101 Michael Compton, Preble FD, 6929 Otisco Valley Road, Preble 13141 Bruce Potter, Truxton FD, 5775 Cheningo Road, Truxton, NY 13158 Daniel Keenan, Virgil FD, 1188 Route 392, Dryden, NY 13053 Adam Brown, Virgil FD, 1291 Route 392, Cortland, NY 13045 Alvin Doty Jr., Willet FD, 218 Doty Road, Willet, NY 13863 , AND BE IT FURTHER RESOLVED, that Legislator Joseph Steinhoff is hereby appointed as a non-voting member and legislative liaison, and he shall periodically report activities of the Fire Advisory Board to the JPS Committee. AGENDA ITEM NO. 4 – Re-Appoint Member Cortland County Board of Health (Stuart Douglas, DDS) RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 345 ON MOTION OF PRICE RESOLUTION NO. 350-14 Re-Appoint Member Cortland County Board of Health (Stuart Douglas, DDS) WHEREAS, the term of Stuart Douglas, DDS on the Cortland County Board of Health will expire on December 31, 2014, NOW THEREFORE BE IT RESOLVED, that Stuart Douglas, DDS, 1307 Bell Drive, Cortland, New York 13045, be and hereby is re-appointed to said Board for a six year term to expire December 31, 2020. Referred from Building & Grounds Committee AGENDA ITEM NO. 5 – Authorize Agreement (MUNIS) ON MOTION OF WHEELOCK RESOLUTION NO. 351-14 Authorize Agreement (MUNIS) WHEREAS, the Contractual Agreement with Tyler Technologies/MUNIS for County wide financial software used in various County Departments will expire on December 31st, 2014, AND WHEREAS, a new Contractual Agreement with Tyler Technologies/MUNIS has been received for the period 12/31/2014 thru 12/31/2015 totaling $36,567.34 to be paid from account A1680-1680-5-4004- 00, NOW THEREFORE BE IT 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. 6 – Authorize Contract – Information Technology Support Services 2015 Cortlandville Fire District ON MOTION OF WHEELOCK RESOLUTION NO. 352-14 Authorize Contract – Information Technology Support Services 2015 Cortlandville Fire District RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 346 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, 2014 and expiring December 30, 2015, for $50 per hour, on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 7 – Authorize Contract – Information Technology Support Services 2015 (Town of Cortlandville) ON MOTION OF WHEELOCK RESOLUTION NO. 353-14 Authorize Contract – Information Technology Support Services 2015 (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 RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 347 sign the contract commencing December 31, 2014 and expiring December 30, 2015 , for $50 per hour, on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 8 – Authorize Contract Renewal – Service Contract for RS6000 Sheriff’s Messaging Server (Systems Maintenance Services) ON MOTION OF WHEELOCK RESOLUTION NO. 354-14 Authorize Contract Renewal – Service Contract for RS6000 Sheriff’s Messaging Server (Systems Maintenance Services) WHEREAS, the County is dependent on an IBM RS6000 to support data messaging for the Sheriff and DERC departments, AND WHEREAS, the County has contracted with Systems Maintenance Services to provide on-site maintenance, AND WHEREAS, Systems Maintenance Services has submitted an invoice for a renewal of maintenance services to commence December 31, 2013 and to end June 30, 2015, in the amount of $278.70 for that period, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the contract on behalf of the Cortland County Information Technology Department with Systems Maintenance Services, upon the approval of the County Attorney. AGENDA ITEM NO. 9 – Accept Proposal/Authorize Agreement/Amend Budget Participate in Smart Watt Program Buildings and Grounds Department ON MOTION OF WHEELOCK RESOLUTION NO. 355-14 Accept Proposal/Authorize Agreement/Amend Budget 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 348 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 - Auditorium, AND WHEREAS, the cost of said project is $24,121.97 which will result in an annual savings of $5,171.03, AND WHEREAS, there are insufficient funds to complete said project in the 2014 Buildings and Grounds Budget, 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 a lighting retrofit project, AND BE IT FURTHER RESOLVED, the County Treasurer is hereby authorized to transfer $10,000.00 from Account Number A19905.54775 and $14,200.00 from an anticipated surplus in Account Number A16205.54025 to Project Account Number A16205.52320.2304 to cover said expenses for the lighting retrofit project for the Cortland County Auditorium. Referred from Highway Committee AGENDA ITEM NO. 10 – Authorize Agreement/New York State Blodgett Mills Rd. Bridge Over Tioughnioga River ON MOTION OF BOYDEN RESOLUTION NO. 356-14 Authorize Agreement/New York State Blodgett Mills Rd. Bridge Over Tioughnioga River WHEREAS, the Highway Committee desires to Authorize the implementation, and funding in the first instance 100% of the Federal-Aid Program-aid eligible costs, of a transportation Federal-Aid project, and appropriating funds therefore, AND WHEREAS, the Project for the Blodgett Mills Road Bridge over Tioughnioga River (PIN 375604/D034824/BIN3312520) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal Funds and 20% non- Federal Funds, AND WHEREAS, the said project may also be eligible for reimbursement of 15% of the project costs through NYSDOT AID (Marchiselli aid) providing the funds are appropriated by the State of New York, AND WHEREAS, Cortland County desires to advance the Project by making a commitment of 100% of the non-federal share of Scoping, Design (Phases I-VI), Construction and Construction Inspection. NOW RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 349 THEREFORE BE IT RESOLVED, that the County Legislature hereby approves the above-subject project, AND BE IT FURTHER RESOLVED, that the County Legislature hereby authorizes the County of Cortland to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping, Design (Phases I-VI), Construction and Construction Inspection for the Project or portions thereof, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to establish the following, an appropriation account in the amount of $1,198,000.00 and revenue accounts for the Local, State and Federal shares, AND BE IT FURTHER RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated, the Legislature of Cortland County shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature of Cortland County be and is hereby authorized and directed to execute all necessary Agreements, certifications or reimbursement as approved to form by the County Attorney, on behalf of the County of Cortland in connection with the advancement or approval of the Project, AND BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, AND BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. AGENDA ITEM NO. 11 – Authorize McLean Rd. Large Culvert Hydrologic/Hydraulic Study, Phase 4 Highway Department ON MOTION OF BOYDEN RESOLUTION NO. 357-14 Authorize McLean Rd. Large Culvert Hydrologic/Hydraulic Study, Phase 4 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, upon completion of said study, which included three phases, it was determined that additional measures need to be investigated in order to achieve more significant flood mitigation at RESULT: ADOPTED [UNANIMOUS] MOVER: Donnell Boyden, Majority Leader SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 350 McLean Road, AND WHEREAS, since this study is a continuation of the previously completed study, the Highway Department is requesting that this study be performed using the existing Highway Department Engineering Services Agreement, AND WHEREAS, the funds for said study, estimated not to exceed $7,000.00 are currently funded in the 2014 Highway Department Budget, AND WHEREAS, since engineering studies are classified as a Type II Action under Part 617.5(c)18 of New York SEQRA and not subject to environmental review under SEQRA, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the Cortland County Highway Department to conduct the engineering study described above by the consultant under the existing Highway Department Engineering Services Agreement at a cost not to exceed $7,000.00, AND BE IT FURTHER RESOLVED, that the Superintendent of Highways is hereby authorized to execute the necessary task order to conduct the study at a cost not to exceed $7,000.00. Referred from Solid Waste Committee AGENDA ITEM NO. 12 – Authorize Agreement/Amend Budget - Gerhardt LLC Ms. Knolls said she would be in favor of expanding the scope of services in the contract to advise on alternatives to the regional partnership. ON MOTION OF HARTNETT RESOLUTION NO. 358-14 Authorize Agreement/Amend Budget - Gerhardt LLC WHEREAS, Cortland County is considering a potential solid waste partnership with Onondaga County and the Onondaga County Resource Recovery Agency (OCRRA), AND WHEREAS, Cortland County wishes to retain the services of Gerhardt, LLC to assist in the review and potential implementation of the proposed partnership, including but not limited to contract negotiations, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature, upon review of the County Attorney, is hereby authorized and directed to execute a contract with Gerhardt., LLC 107 Paris Road, New Hartford, NY 13413, for a cost not to exceed $6,500, for consultant services in relation to a potential solid waste partnership, AND BE IT FURTHER RESOLVED, that the 2014 Budget is hereby amended as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 351 Increase: Expense: EL81605.54055.8170 Regional Partnership Project Acct. $6,500.00 Decrease: Expense: A1990 Contingency $6,500.00 AGENDA ITEM NO. 13 – Resolution to Amend Contract to Accept Tires at Recycling Facility Highway Department/Solid Waste ON MOTION OF HARTNETT RESOLUTION NO. 359-14 Resolution to Amend Contract to Accept Tires at Recycling Facility Highway Department/Solid Waste WHEREAS, the County Legislature approved Resolution No. 315-12, authorizing the award of the contract for the Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials from the Cortland County Recycling Facility to Casella Recycling, LLC, AND WHEREAS, Casella Recycling, LLC is currently operating the Recycling Facility under contract with Cortland County until December 31, 2015, AND WHEREAS, upon mutual agreement, the contract may be extended three times, every three years, AND WHEREAS, the County of Cortland does not desire to accept tires at the landfill, AND WHEREAS, Casella Recycling, LLC has agreed to accept tires at the Recycling Facility at the following fee schedule: a) Passenger and pickup truck tires: $3.00 each; b) Truck tires up to 24.5 inch tubeless: $15.00 each; c) Industrial, tractor or off-road tires will not be accepted , NOW THEREFORE BE IT RESOLVED, that the Cortland County no longer will accept tires at the landfill effective January 1, 2015, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby approves amending the existing contract with Casella Recycling, LLC to accept tires at the above said fee schedule for tire disposal at County Recycling Facility as described above, AND BE IT FURTHER RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 352 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 to amend said contract. Referred from Health & Human Services Committee AGENDA ITEM NO. 14 – Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods ON MOTION OF PRICE RESOLUTION NO. 360-14 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on November 13, 2014 for the period January 1, 2015 through March 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 Maines Paper & Food Service, PO Box 450, 101 Broome Corp. Pkwy, Conklin, NY 13748 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 January 1, 2015 through March 31, 2015. AGENDA ITEM NO. 15 – Accept Funds Health Department/Immunization (Immunization Program) Cost of Living Adjustment (COLA) RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 353 ON MOTION OF PRICE RESOLUTION NO. 361-14 Accept Funds Health Department/Immunization (Immunization Program) Cost of Living Adjustment (COLA) WHEREAS, the Cortland County Health Dept. has been awarded 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, the 2014 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 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. Referred from Judiciary & Public Safety Committee AGENDA ITEM NO. 16 – Expend HMEP Grant Funds / Transfer 2014 Budget Funds Department of Emergency Communications ON MOTION OF BUSHNELL RESOLUTION NO. 362-14 Expend HMEP Grant Funds / Transfer 2014 Budget Funds Department of Emergency Communications WHEREAS, the County is desirous of re-locating it's Emergency Operations Center (EOC) in the RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Susan Briggs, Chair SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 354 County Office Building from the basement to the third floor, AND WHEREAS Cortland Electronics has submitted a proposal to install the necessary telecommunications & related equipment in the location of the new EOC, said proposal totaling $17,976.00. AMD WHEREAS there are funds available to support this project from the Hazardous Materials Emergency Planning grant (HMEP) and from excess funds in the utilities line of the 2014 budget NOW THEREFORE, BE IT RESOLVED, that the Department of Emergency Response if granted the permission to move the EOC to the third floor of the County Office Building, AND BE IT FURTHER RESOLVED that the Department of Emergency Response is authorized to expend $17,976.00 for the said project ($12,000 from HMEP funding - Account T138000) to renovate the new EOC, AND BE IT FURTHER RESOLVED, that the 2014 budget is hereby amended as follows: Decrease: A30205-52025 Utilities $5,976.00 Increase: A30205-54055 Professional Services $5976.00 RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute a contract agreement with Cortland Electronics, 624 Glenwood Avenue, Cortland, NY 13045 for Professional Services renovate the new location of the County's EOC. AGENDA ITEM NO. 17 – Authorize Agreement Amendment Drug Screening (Medlab Inc.) ON MOTION OF BUSHNELL RESOLUTION NO. 363-14 Authorize Agreement Amendment Drug Screening (Medlab Inc.) WHEREAS, it is necessary for the Cortland County Probation Department to conduct drug testing as required to enhance supervision and verification to enforce Probation Department client abstinence from the illegal use of chemical substances and provide court verification of 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 330-12, with said company expires December 31, 2014, AND WHEREAS, Medlab Inc. has agreed to amend the previous contract for an additional one year RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 355 period, January 1, 2015 and ending December 31, 2015, with no change in the current charges, 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, 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 agreement with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, for the term January 1, 2015 through December 31, 2015, for the purpose on conduction drug testing in the Cortland County Probation Department. AGENDA ITEM NO. 18 – Authorize Agreement Electronic Monitoring (BI Incorporated) Mr. Willcox asked about how many people on probation are utilizing this program. Ms. Cutia said the use of the electronic monitoring has been underutilized in the last two-three years, and is less expensive than incarceration. She said the cost of utilization has actually gone down in the proposed contract. ON MOTION OF BUSHNELL RESOLUTION NO. 364-14 Authorize Agreement Electronic Monitoring (BI Incorporated) WHEREAS, there is a need to reduce the population of inmates at the Cortland County Jail, AND WHEREAS, electronic monitoring is an authorized and accepted method of providing Court- ordered supervision of offenders in the community, AND WHEREAS, Cortland County Probation Department has contracted with BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, since 2006 as authorized by Resolution 48-06, and the latest contract, as authorized by Resolution 176-08, and an Amendment to said contract, as authorized by Resolution 83-14, with said company expires December 31, 2014, AND WHEREAS, BI Incorporated has proposed a decrease in costs as agreed to in the current agreement amendment, as attached in the New Proposed Prices for 2015, which expires on December 31, 2014, AND WHEREAS, the Cortland County Probation Department desires to continue to contract with said company for products and services at the costs listed in New Proposed Prices for 2015, AND WHEREAS, funds are available in account A31405.54055, Professional Services, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 356 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 BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, for the term January 1, 2015 through December 31, 2015, for the purpose electronic monitoring through the Cortland County Probation Department. AGENDA ITEM NO. 19 – Accept Grant Award / Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 365-14 Accept Grant Award / Emergency Response & Communications WHEREAS, Cortland County has been awarded $174,670.00 in a grant 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 the expansion of services provided by Public Safety Operating Points (PSAPs) and 911 centers, 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, AND BE IT FURTHER RESOLVED, that the 2015 County Budget is hereby amended to Increase 2015 Revenue:A3020-43306-3015- 2015 PSAP Grant $174,670.00 Increase 2015 Expense:A30205-52015- Technical Equipment $161,221.78 A30205-51020- Overtime Pay $13,448.22 AGENDA ITEM NO. 20 – Accept Grant Award / Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 366-14 Accept Grant Award / Emergency Response & Communications RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 357 WHEREAS, Cortland County has been awarded $250,000 in a grant from the New York State Department of Criminal Justice Services (DCJS) Office, AND WHEREAS, the grant guidance requires that the funds be used for the purchase of computer equipment, 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, AND BE IT FURTHER RESOLVED, that the 2015 County Budget is hereby amended to Increase 2015 Revenue: A302043 43389 3415 2015 DCJS Grant $250,000.00 Increase 2015 Expense: A30205 52060 3415 Computer Equipment $250,000.00 AGENDA ITEM NO. 21 – Amend 2015 Budget / Emergency Response & Communications ON MOTION OF BUSHNELL RESOLUTION NO. 367-14 Amend 2015 Budget / Emergency Response & Communications WHEREAS, payments to New World System for annual computer support in 2013 and 2014 were not paid in 2014, AND WHEREAS the potential exists for the payments to be made in 2015, NOW THEREFORE BE IT RESOLVED, that the 2015 County Budget is hereby amended as follows: Increase: Expenses: DOER&C - Computer Software A30205-54004 $151,236.10 RESOLVED, that the County Treasurer is hereby authorized to re-appropriate $151,236.10 from the 2014 Department of Emergency Response and Communications, A30205 Budget into the 2015 Department of Emergency Response and Communications, A30205 Budget. Referred from Budget & Finance Committee AGENDA ITEM NO. 22 – Authorize Agreement - Environmental Capital 2008 Bond Refunding/ RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: Luke Snyder, Legislative District 5 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 358 Environmental Facilities Corp. Ms. Briggs said this allows for a contract to assist the County through a refunding of 2007 bonds through Environmental Facilities Corporation, which could save the County up to $1 million in debt payments. ON MOTION OF WHITNEY RESOLUTION NO. 368-14 Authorize Agreement - Environmental Capital 2008 Bond Refunding/Environmental Facilities Corp. WHEREAS, Cortland County issued bonds in 2008 for landfill cell construction, AND WHEREAS, Cortland County has applied and subsequently pre-qualified for a low-interest refunding of 2008 landfill bonds through the Environmental Facilities Corporation, AND WHEREAS, significant savings on the County debt schedule will be realized if final approval for refunding of said bonds is granted through Environmental Facilities Corporation, NOW THEREFORE BE IT RESOLVED, that the Chair of the Legislature is hereby authorized and directed to execute a contract with Environmental Capital for the services associated with the refunding of 2008 landfill bonds and 2014 landfill capping costs through Environmental Facilities Corporation, AND BE IT FURTHER RESOLVED, that costs associated with said services shall not exceed $30,000, and shall be included in the EFC financing, AND BE IT FURTHER RESOLVED, that said costs shall only be paid upon completion and closing of said financing. AGENDA ITEM NO. 23 – Authorize Agreement - Black Creek Integrated Systems Corporation Sheriff's Department/Jail ON MOTION OF BUSHNELL RESOLUTION NO. 369-14 Authorize Agreement - Black Creek Integrated Systems Corporation Sheriff's Department/Jail WHEREAS, the maintenance agreement on the Black Creek Integrated Systems Corporation Software will expire on December 31, 2014, AND WHEREAS, the cost of such maintenance agreement is $13,808.50 annually, for the period of RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 4 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 359 January 1, 2015 through December 31, 2015, AND WHEREAS, the Sheriff is authorized to pay this annual billing, 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 Black Creek Integrated Systems Corporation at a cost per year not to exceed $13,808.50 per year to be paid from Account A31505- 54004 Computer Software. AGENDA ITEM NO. 24 – Accept Bids/Authorize Contract – HP Switches and Associated Components Information Technology (SHI) ON MOTION OF WHEELOCK RESOLUTION NO. 370-14 Accept Bids/Authorize Contract – HP Switches and Associated Components Information Technology (SHI) WHEREAS, the County is upgrading its phone system to an IP based architecture and needs updated switches and associated components to accomplish this, AND WHEREAS, the Information Technology Department released a bid to receive the best possible value, AND WHEREAS, the following qualified vendors submitted bids: SHI 290 Davidson Avenue Somerset, NJ 08873 $45,269.92 Better Direct 1343 East University Drive Tempe, AZ 85281 $49,015.00 The Computing Center 15 Thornwood Dr. Ithaca, NY 14850 $49,982.80 , AND WHEREAS, SHI has submitted a bid with the most favorable combination of price, features and conditions, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Susan Briggs, Chair AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 360 RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the contract on behalf of the Cortland County Information Technology Department with SHI, upon the approval of the County Attorney. AGENDA ITEM NO. 25 – Budget Amendment E-Prescribe Software ON MOTION OF WHITNEY RESOLUTION NO. 371-14 Budget Amendment E-Prescribe Software WHEREAS, the Cortland County Mental Health Clinic received additional funding from Federal Salary Sharing, AND WHEREAS, it is required by Medicaid and Medicare that the Mental Health Clinic prescribe medications electronically and to fulfill this requirement software was purchased from DocuTrac, Inc., at a cost of $1,953.00, NOW THEREFORE BE IT RESOLVED, that the 2014 County Mental Health budget be amended as follows: Increase: AGENDA ITEM NO. 26 – Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office ON MOTION OF WHITNEY RESOLUTION NO. 372-14 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price Revenues: A431044 44490 4200 $1,953.00 Expenses: A43105 54004 4200 $1,953.00 ---PAGE BREAK--- 361 RESOLVED, that the County Treasurer be and hereby is authorized to make apportioned payments to each of the several tax districts within the County of Cortland of mortgage tax monies as shown below: Mortgage Tax Apportionment between Towns, and Villages therein. Apportionment is based upon the taxable assessed valuation of these towns and villages. April 1 to September 30, 2014 Cortlandville Village of McGraw $ 887.78 Village of Homer $ 137.78 Town of Cortlandville $ 38,629.97 $ 39,655.55 Homer Village of Homer $ 8,673.77 Town of Homer $ 31,957.03 $ 40,630.80 Marathon Village of Marathon $ 1,647.14 Town of Marathon $ 7,248.81 $ 8,895.95 AGENDA ITEM NO. 27 – Authorize Occupancy Tax Allocation Cortland County Convention & Visitor's Bureau ON MOTION OF WHITNEY RESOLUTION NO. 373-14 Authorize Occupancy Tax Allocation Cortland County Convention & Visitor's Bureau WHEREAS, Local Law 4 of 2013 provides for the collection of Occupancy Tax in Cortland County, AND WHEREAS, Resolution 343-14 designates the Cortland County Convention & Visitor's Bureau as the official Tourism Promotion Agency of the County, AND WHEREAS, the 2015 County budget includes $498,300.00 to be provided to the Cortland County Convention & Visitor's Bureau for promotion of tourism in Cortland County, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 362 WHEREAS, the Convention & Visitor's Bureau Allocation Committee has recommended the attached allocations to agencies in the County for costs associated with promotion of tourism- related activities, NOW THEREFORE BE IT RESOLVED, that upon receipt of the various agency applications, providing justification for receipt of Occupancy Tax revenue, and with the approval of the Budget & Finance Committee, the Cortland County Legislature hereby approves the recommended allocations attached hereto. AGENDA ITEM NO. 28 – Authorize Agreement Cortland County/Gould & Lamb, LLC County Legislature ON MOTION OF WHITNEY RESOLUTION NO. 374-14 Authorize Agreement Cortland County/Gould & Lamb, LLC County Legislature WHEREAS, Cortland County is responsible for Mandatory Insurer Reporting Functions and filing timely reports regarding the State Children's Health Insurance Program (SCHIP), AND WHEREAS, Gould & Lamb, LLC will provide said services on behalf of the County, in accordance with the terms of the attached 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 Gould & Lamb, LLC to provide these services in accordance with the terms in the attached proposal, AND BE IT FURTHER RESOLVED, that said contract and services begin Jan. 1, 2015 and shall be for a term to expire Dec. 31, 2015. AGENDA ITEM NO. 29 – Create Director of Budget and Finance Mr. Willcox said there are a number of responsibilities that were in the County Administrator's job description that are not included in this new position, and he questioned where those duties would fall. Mr. Briggs said this is was not a quick decision and that the Legislature has indicated since January the need for a position to oversee the financial portions of County operations. Ms. Knolls asked about the possibility of changing the job description once adopted. Ms. Briggs said the job description could be altered, based upon the candidate. Ms. Knolls said she would be open to taking the auditor duties out of the job description as that is already included in the Auditor's job description. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: James Denkenberger, Legislative District 16 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 363 ON MOTION OF WHITNEY RESOLUTION NO. 375-14 Create Director of Budget and Finance WHEREAS, the needs of the County will be better served by creating one full-time position of Director of Budget & Finance, AND WHEREAS, the Personnel Committee supports the recommendation of the Budget & Finance Committee to create this position, NOW THEREFORE BE IT RESOLVED, that one position of Director of Budget and Finance, in the County Administration Department, under the Management Plan, Grade 1 ($78,225 - $95,172) Unclassified Class, (PJC), is hereby created effective January 1, 2015. AGENDA ITEM NO. 30 – Fix Date to Sign Warrants Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 376-14 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, 2015 and that said warrants so annexed be made returnable on or before the first day of June 2015, 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. 31 – Amend 2015 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, Legislative District 13 SECONDER: Charles Sudbrink, Legislative District 17 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [10 TO 2] MOVER: Kevin Whitney, Legislative District 13 SECONDER: George Wagner, Legislative District 15 AYES: Cobb, Bushnell, Snyder, Knolls, Boyden, Briggs, Whitney, Wagner, Denkenberger, Sudbrink NAYS: John R Troy, Newell Willcox Jr. EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 364 ON MOTION OF WHITNEY RESOLUTION NO. 377-14 Amend 2015 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 who 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 2015, Towns Amount Lapeer $375,079.84 , AND WHEREAS, by Town of Cuyler resolution, $115,000.00 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, $70,000.00 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 Marathon resolution, $30,000.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Marathon, AND WHEREAS, by Town of Solon resolution, $175,067.24 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, $20,000.00 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, $100,000.00 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, $70,000.00 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 2015 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 $955,147.08 and net amount to be raised by real property shall be $32,615,705.20. AGENDA ITEM NO. 32 – Levy Town General and Highway Taxes Real Property Tax Services Mr. Boylan asked if there were any objections to considering the remaining agenda items as a consent agenda. Seeing none, Mr. Troy made a motion to approve the remaining agenda items. Second by Mr. Whitney. All members voting in favor; none opposed. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 4 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 365 ON MOTION OF WHITNEY RESOLUTION NO. 378-14 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, 2015, 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: Town of Cortlandville . . . . . . . . . . . . outside village - $439,607 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 307,900.00 Harford 281,517.00 Homer 251,355.00 Lapeer 211,454.00 Marathon 74,851.00 Preble 106,000.00 Scott 174,236.00 Solon 226,102.79 Taylor 132,130.00 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 366 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 Cincinnatus General Fund $ Cortlandville townwide 1,268,072.00 Cuyler 165,581.00 Freetown -67,862.00 Harford 45,600.00 Homer townwide 173,101.00 Lapeer 174,708.00 Marathon 178,727.00 Preble Scott Solon 143,533.64 Taylor Truxton Virgil 110,530.00 138,615.00 134,227.00 Willet 66,920.00 , 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. AGENDA ITEM NO. 33 – Levying Town Special District Taxes Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 379-14 Levying 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 2015: RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 367 Town Cincinnatus Fire Tax 95,833.00 Light Tax 8,500.00 Cortlandville 748,960.00 Cuyler 79,291.30 Freetown Cincinnatus Fire 6,874.80 Marathon Fire 23,312.28 McGraw Fire 6,800.00 Harford 99,814.00 Homer 84,714.00 Lapeer 75,765.00 Marathon 95,191.81 Preble 96,500.00 Scott 38,117.00 Solon 46,000.00 Taylor 36,865.86 Truxton 81,654.00 Virgil 230,047.00 Willet 43,500.00 , AND BE IT FURTHER RESOLVED, that such taxes and assessments, when collected, shall be paid to the Supervisors of the several towns in the amount as shown by this resolution for distribution by them in the manner provided by law. AGENDA ITEM NO. 34 – Levy County Tax - City of Cortland Real Property Tax Services Mr. Troy made a motion to amend the resolution to decrease the amount by $1.05. Second by Mr. Denkenberger. The motion to amend was approved. ON MOTION OF WHITNEY RESOLUTION NO. 380-14 Levy County Tax - City of Cortland Real Property Tax Services RESOLVED, that this Legislature directs the sum of seven million six hundred two thousand, five hundred, twenty-four dollars and ninety-six cents ($7,602,524.96) to be levied in the City of Cortland, Cortland County, for County purposes for the fiscal year beginning January 1, 2015 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. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 368 AGENDA ITEM NO. 35 – Levying Water Charges - Town of Virgil Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 381-14 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: 127.11-01-14.000 Gregory Malanoski 66.00 127.15-01-30.000-9 Karin Richardson 66.00 127.15-01-30.000-14 Sheryl Brumer 69.96 127.15-01-31.000-20 Christopher R. Johnson 267.00 127.15-01-31.000-25 James & Nancy Sorbella 66.00 127.15-01-31.000-32 Michelle Bostick Wernle 66.00 127.15-01-31.000-60 Geoffrey Berns 66.00 Total $666.96 Submitted to Cortland County Real Property Tax Services on 12/02/14 by Alane VanDonsel Virgil Town Clerk. AGENDA ITEM NO. 36 – Levying Sewer Charges - Town of Virgil Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 382-14 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, RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 369 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: 127.11-01-14.000 Gregory Malanoski 104.50 127.15-01-30.000-9 Karin Richardson 104.50 127.15-01-30.000-14 Sheryl Brumer 108.46 127.15-01-31.000-20 Christopher R. Johnson 422.75 127.15-01-31.000-25 James & Nancy Sorbella 104.50 127.15-01-31.000-32 Michelle Bostick Wernle 104.50 127.15-01-31.000-60 Total Geoffrey Berns 105.40 $1,053.71 Submitted to Cortland County Real Property Tax Services on 12/02/14 by Alane VanDonsel, Virgil Town Clerk. AGENDA ITEM NO. 37 – Levying Water Charges - Town of Scott Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 383-14 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 Scott: 35.03-01-03.000 Parker, Chad $ 522.81 35.03-01-09.000 Pooler, Michael 645.04 35.03-01-10.000 Lake, Edward 355.99 35.03-01-13.000 VanLiew, Terry 517.43 35.03-01-15.000 Platt, Daniel 550.07 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 370 35.03-01-24.000 Estep, Nancy 544.75 35.03-01-29.000 Hubbard, John 398.46 35.03-01-33.000 Glendening, Christopher 310.73 35.03-01-34.000 Sharum, Dakin T. 189.00 35.03-01-39.000 Carr, Connal 562.21 35.03-01-53.000 McMullin, Frank A. 254.10 Total $4,850.59 Submitted to Cortland County Real Property Tax Service on 12/02/14 by Cathy A.Barber, Scott Town Clerk. AGENDA ITEM NO. 38 – Levying Water Charges - Town of Harford Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 384-14 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: 172.05-01-32.000 Murray, Rachel $491.84 172.06-01-09.000 McCutcheon, Ruby 619.10 172.06-01-05.000 Baez, Robin 410.00 172.05-01-17.112 Poole, Thomas 485.12 Total $2,006.06 Submitted to Cortland County Real Property Tax Services on 11/10/14 by Jennifer Fox, Harford Town Clerk. AGENDA ITEM NO. 39 – Levying Sewer Charges - Town of Cuyler Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 371 ON MOTION OF WHITNEY RESOLUTION NO. 385-14 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: 22.00-01-18.112 Mead, Michael 179.20 31.02-02-09.000 Marshall, James 179.20 31.02-02-14.000 Aldrich, Christopher 179.20 31.02-02-22.000 Southwick, Daniel 179.20 31.02-02-32.000 Casler, Harold Ivan 179.20 31.02-02-33.100 Hannafan, Richard P 515.20 31.02-02-38.000 Shelby, Michael 179.20 Total $ 1,590.40 Submitted to Cortland County Real Property Tax Services on 11/20/14 by Wendy Custer, Cuyler Town Clerk. AGENDA ITEM NO. 40 – Levying Water Charges - Town of Cortlandville Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 386-14 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 372 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: 76.14-01-01.000 Lindhorst, Walter K. 554.67 76.14-01-10.000 Watrous, Richard B. 40.39 76.14-01-48.000 Smith, Duane T. 455.31 76.15-01-12.000 McBride III, Theodore P. 194.42 76.17-01-02.000 Best, Jessica Marie 62.81 76.19-01-22.000 Poppe, Christine 231.04 76.19-01-40.000 Rosen, Ida 40.16 76.19-01-45.100 Perelka, Edward R. 122.85 85.11-01-04.100 Lader, Ronald F. 102.01 85.16-01-30.000 McGrath, John F. 169.42 85.16-02-04.120 Stiles, John E. 155.19 85.19-01-05.000 Naylor, Justin 217.38 85.19-01-29.000 Warren, Leonard R. 136.38 85.19-01-36.000 Kozer, Gilbert 61.33 85.19-01-39.000 Soule, Roger P. 102.13 85.20-01-27.000 Morris, Judy G. 67.17 86.09-01-19.000 Casey, Valerie A. 96.81 86.09-01-24.000 Clark, Earl D. 42.68 86.09-01-46.000 Allen, Paul W. 141.79 86.13-01-27.000 Cortlandville Assoc LLC 52.11 86.13-01-65.100 Cortland Station Inc 1,193.82 86.17-01-02.120 3901 West Road LLC 89.56 87.00-05-07.000 Darling, Gerald T. 89.56 95.07-01-12.000 Petrella, John M. 194.54 95.07-01-15.000 Aloi, James P. 93.62 95.07-02-09.000 Jones, William 546.16 95.08-01-01.000 Delucia, Dominick 66.22 95.11-01-16.000 Bergeron, Keith 156.24 95.11-02-42.000 Haesche, George 34.64 95.11-03-02.000 Strauf, Stephen C. 208.09 95.15-01-07.100 Howarth, Jeffrey W. 52.89 95.15-03-04.000 VanDee, Robert A. 327.01 95.15-03-11.000 Edinger, John S. 190.84 95.16-01-15.000 UC Cortland Housing LLC, 8,386.18 95.16-01-40.000 Corp, Rebecca J. 165.62 95.16-01-55.000 Pitts, Charles B. III 269.56 95.16-01-60.000 Ladd, Alyssa 208.69 95.16-02-04.000 Payne-Lowe, Lydia 89.56 95.16-02-09.000 Burnham, Margaret A. 269.56 95.16-02-24.000 Baum, Benjamin 352.79 95.16-02-31.000 Dorsett, Gail A. 191.08 ---PAGE BREAK--- 373 95.16-02-40.000 Rushak-Lamson, Aftin M. 289.30 95.20-02-06.000-1 Cortlandville Crossing LLC 411.21 96.00-03-04.000 Little, Frederick M. 52.35 96.00-03-10.110 Slack, Susan J. 239.45 96.00-12-02.000 Towers, Jack D. Sr 53.69 96.05-01-13.000 Jones, Audrey 53.59 96.05-01-19.000 Willcox Tompkins St Properties, 297.67 96.06-01-18.000 Rosato, Anthony T. 97.02 96.06-02-05.000 Mingle, Terry P. 36.76 96.06-02-14.000 Cook, Kimberly A. 391.00 96.06-02-15.000 Shute, Courtney A. 192.10 96.06-02-20.000 Hutchinson, John H. 23.78 96.06-02-36.000 Welsh, David 85.62 96.09-01-09.000 Decker, Christian A. 343.80 96.09-01-70.000 Wing, Charles J. 89.56 96.09-02-08.000 Keane, Thomas Jr 172.11 96.09-02-13.000 Kearney, David 443.53 96.09-02-29.000 Vandeuson, James W. 133.86 96.09-02-30.000 O'Dell, Richard 89.56 96.09-02-34.000 Towers, Jack D. Jr 325.92 96.09-03-02.000 Tompkins St Cortland LLC 565.10 96.09-04-06.000 Stewart, Leon W. 281.86 96.09-04-14.000 Banks, Steven 3,106.71 96.10-01-25.000 Pristash, Kevin 369.60 96.10-02-11.000 Mershon, Michael J. 447.54 96.10-02-39.000 Hall, Stephen J. 100.40 96.17-01-16.000 Meagley, Sean S. 150.27 96.36-01-05.000 Kesler, Gregory 84.52 96.36-01-07.000 Eaton, Dorene 110.75 105.08-01-13.000 Burk, Timothy C. 166.22 105.08-01-18.000 Ostrander, Patricia M. 75.20 105.08-02-35.000 Hopko, Scott C. 363.81 105.11-01-03.000 Yereshkin, Yevgeniy 136.95 106.05-01-11.000 Young, Eric 40.95 TOTAL $26,044.04 Submitted to Cortland County RPTS 12/5/14 by Karen Q. Snyder, Cortlandville Town Clerk. AGENDA ITEM NO. 41 – Levying Sewer Charges - Town of Cortlandville Real Property Tax Services RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 374 ON MOTION OF WHITNEY RESOLUTION NO. 387-14 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: 76.14-01-01.000 Lindhorst, Walter K 766.85 76.14-01-10.000 Watrous, Richard B 54.00 76.14-01-48.000 Smith, Duane T. 625.87 76.15-01-12.000 McBride III, Theodore P. 261.84 76.15-01-29.000 Homer Avenue Inn LLC 22,724.48 76.19-01-22.000 Poppe, Christine 312.93 76.19-01-40.000 Rosen, Ida 53.68 76.19-01-45.100 Perelka, Edward R. 161.98 85.11-01-04.100 Lader, Ronald F. 132.89 85.16-01-30.000 McGrath, John F. 231.70 85.20-01-27.000 Morris, Judy G. 86.64 85.20-01-33.000 Cummins, Christopher 167.91 86.09-01-19.000 Casey, Valerie A. 128.02 86.09-01-24.000 Clark, Earl D. 57.19 86.13-01-27.000 Cortlandville Assoc LLC 70.56 86.13-01-65.100 Cortland Station Inc, 796.83 86.17-01-02.120 3901 West Road LLC 115.52 87.00-03-16.122 Suit-Kote Corporation 2,591.72 87.00-05-07.000 Darling, Gerald T. 115.52 87.04-01-12.000 Pothos, Vasilios 415.81 95.08-01-16.000 Compagni Land Devel LLC 154.82 95.11-02-42.000 Haesche, George 45.97 95.11-03-02.000 Strauf, Stephen C. 280.91 95.15-01-07.100 Howarth, Jeffrey W. 71.43 95.15-03-04.000 VanDee, Robert A. 446.84 95.15-03-11.000 Edinger, John S. 256.84 95.16-01-15.000 UC Cortland Housing LLC 1,1595.84 95.16-01-40.000 Corp, Rebecca J. 226.39 95.16-01-55.000 Pitts, Charles B. III 115.52 95.16-01-60.000 Ladd, Alyssa 281.76 95.16-02-04.000 Payne-Lowe, Lydia 115.52 95.16-02-09.000 Burnham, Margaret A. 115.52 95.16-02-24.000 Baum, Benjamin 231.68 ---PAGE BREAK--- 375 95.16-02-31.000 Dorsett, Gail A. 257.16 95.16-02-40.000 Rushak-Lamson, Aftin M. 394.21 95.16-02-72.000 Lime Road Inc 305.58 95.20-02-06.000-1 Cortlandville Crossing LLC 152.27 96.05-01-13.000 Jones, Audrey 75.57 96.05-01-19.000 Willcox Tompkins St Properties 405.92 96.06-01-18.000 Rosato, Anthony T. 215.34 96.06-02-05.000 Mingle, Terry P. 48.94 96.06-02-14.000 Cook, Kimberly A. 536.11 96.06-02-15.000 Shute, Courtney A. 260.97 96.06-02-20.000 Hutchinson, John H. 30.82 96.06-02-36.000 Welsh, David 117.12 96.09-01-09.000 Decker, Christian A. 470.26 96.09-01-70.000 Wing, Charles J. 115.52 96.09-02-08.000 Keane, Thomas Jr 230.73 96.09-02-13.000 Kearney, David 609.45 96.09-02-29.000 Vandeuson, James W. 179.71 96.09-02-30.000 O'Dell, Richard 115.52 96.09-02-34.000 Towers, Jack D. Jr 445.34 96.09-03-02.000 Tompkins St Cortland LLC 781.44 96.09-04-06.000 Stewart, Leon W. 383.83 96.09-04-14.000 Banks, Steven 5,712.42 96.10-01-25.000 Pristash, Kevin 506.28 96.10-02-11.000 Mershon, Michael J. 615.01 96.10-02-39.000 Hall, Stephen J. 160.13 96.17-01-16.000 Meagley, Sean S. 202.60 105.08-02-35.000 Hopko, Scott C. 498.20 106.05-01-11.000 Young, Eric 64.29 TOTAL 58,012.60 Submitted to Cortland County RPTS 12/5/14 by Karen Q. Snyder, Cortlandville Town Clerk. AGENDA ITEM NO. 42 – Levying Water Charges - Town of Cincinnatus Real Property Tax Services ON MOTION OF WHITNEY RESOLUTION NO. 388-14 Levying Water Charges - Town of Cincinnatus Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Cincinnatus, Cortland RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Cobb, Bushnell, Snyder, Knolls, Boyden, Willcox Jr., Briggs, Whitney, Wagner, Denkenberger, Sudbrink EXCUSED: Hartnett, Discenza, Wheelock, Steinhoff, Price ---PAGE BREAK--- 376 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: 112.00-03-04.000 Douglas Renz 15,141.41 112.20-01-07.000 Edward Gonzalez 145.87 112.20-01-10.000 Edward Gonzalez 15.16 112.20-01-25.000 Blake Davis 376.87 113.17-01-03.000 Ronald Smith 231.39 113.17-01-06.000 Carlos Almaguer 137.62 113.17-01-30.000 Robert Kurtz III 827.87 113.17-01-32.000 James Huss 217.10 113.17-01-34.120 Betty Hall 15.16 113.17-01-34.200 James Huss 15.16 113.17-02-02.000 Jerry Simmons 137.62 122.00-03-10.000 Richard Phillips 250.16 122.00-03-22.000 Irene Pothos 319.87 122.00-03-25.000 Joshua Lieb 313.65 122.08-01-02.000 Vicki Staley 178.59 122.08-01-36.100 Jeanette Wasko 142.29 122.12-01-05.000 Jeffrey Pierson 292.45 122.12-01-08.000 Emmanuel Pothos 15.16 123.00-03-06.200 DKT, LLC 15.16 123.00-03-13.000 Kenneth Brown 167.87 123.00-04-04.000 Charles Eaton 15.16 123.00-04-19.000 David Christy 15.16 123.00-04-20.000 Kathleen Stoker 137.62 123.05-01-04.000 Mountain Village LLC 869.88 123.05-01-07.000 Richard Supley 291.62 123.05-01-08.000 Jessica Rutan 159.62 123.05-01-17.000 Tess Sothern 143.12 123.05-01-19.000 Irene Pothos 662.87 123.05-01-24.000 Clyde Treacy 450.91 123.05-01-25.000 Linda Shutts 245.14 123.05-01-33.000 Joseph King 264.15 123.05-01-36.000 Irene Pothos 137.62 123.05-01-37.000 James Dibble 137.62 123.05-01-53.000 Robert Woodcock 233.87 123.05-01-58.000 Shawn Scoville 288.87 123.05-01-60.000 Ronald Dingman 148.62 123.05-01-65.000 Marlene George 159.62 123.05-01-72.000 Cindy Ballard 301.63 ---PAGE BREAK--- 377 123.09-01-03.000 Thomas Colledge 217.37 123.09-01-04.000 Rose Shorter 1,333.00 123.13-01-01.000 Gordon Brown 137.62 123.13-01-08.200 David Steacy 323.21 123.13-01-09.000 David Steacy 122.46 123.13-01-10.000 Charles Tennant 190.37 123.13-01-25.000 Jay Rice 544.20 123.13-01-29.000 Verda Wehner 258.62 123.13-01-32.000 David Gallow 231.12 123.13-01-33.000 Emmanuel Pothos 269.65 123.13-01-34.000 Melissa Livermore 242.12 123.13-01-36.000 Charles Eaton 442.87 123.13-01-41.000 Wendy Davis 173.37 123.13-01-42.000 Jedadiah Pittsley 316.43 123.13-01-46.000 Shane Gleason 225.62 132.00-01-10.200 Debra Holtmart 131.71 Total $28,779.27 Submitted to Cortland County Real Property Tax Services 12/02/14 by Luann King, Supervisor. Announcements Adjourn ---PAGE BREAK--- 2014 Appendix of Attachments Associated with Resolutions ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 Article I DEFINITIONS 1. Advisory Committee – is a committee created by a Standing Committee Chair or Chair of the Legislature 2. 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 3. Amendment – is a proposal to change the wording of a motion or a resolution. All amendments must be submitted in writing and distributed to all members 4. 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. 5. Article - is any resolution, petition, communication, notice, or report 6. Article postponed indefinitely - is any article postponed indefinitely, pursuant to Article IX of these Rules 7. Article postponed to time certain - is any article postponed to a specific time (time certain) to be taken up on a specific day, pursuant to Article IX of these Rules 8. Authorized Agency - is a corporation, association, institution, or agency authorized to receive and expend County money. (See County Law, Section 351) 9. Chair - is the Chair of the Cortland County Legislature, elected in accordance with Article II of these Rules, Local Law No. 2 of 1972, and County Law §151 10. 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 11. Claim - is any claim, bill, or account submitted to the Legislature pursuant to County Law (See County Law, Section 369) 12. 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 13. 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 14. 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. 15. 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 16. 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) 17. Department Head - is the County employee or employees elected, or appointed by the Legislature, chiefly responsible for the operation of any County Department ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 18. 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 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. 19. Excused Absence – Prior notification of an absence to a Committee Chair, Clerk or Chair of the Legislature 20. 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 Attendance at executive session shall be permitted to any members of the legislature and any other persons authorized by the Legislature. 21. Interest – a direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves (See General Municipal Law §800 and Local Law No. 2 of 2008) 22. 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) 23. 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) 24. Majority Leader - is the Cortland County Legislature's Majority Leader selected in accordance with Resolution No. 170-06 25. Majority Vote of County Legislature - the majority number of weighted votes of the total membership of the Legislature 26. 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 27. Member - is either a duly elected member of the Cortland County Legislature or a member appointed by authority of Article II, Section 204, VACANCIES, of Local Law No. 2 for year 1972 28. Minority Leader - is the Cortland County Legislature's Minority Leader selected in accordance with Resolution No. 170-06 29. Minority Report – is the written report of the minority party or a minority of any standing or special or committee ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 30. Motion - is a formal proposal for action by a member in a meeting 31. 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 32. 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. 33. 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. 34. 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 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) 39. Recessed Meeting - is a session called pursuant to Article VIII of these Rules, 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 42. Regular Meeting - is a meeting called pursuant to Article VIII, Rule 3 of these Rules 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); b. authorizing the issuance of bonds (See General Municipal Law, Section 99-g); 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); d. giving an easement or other substantial interest in property owned by the County (See County Law, Section 215); 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; 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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]) 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 upon each member 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. Only business specified in the notice thereof may be transacted at a special meeting. (See County Law, §152) 49. Sponsor - is the member or members whose motion or resolution is appropriately brought before the Legislature 50. 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) 51. Table – is a motion to allow the Legislature to lay the pending question(s) aside temporarily 52. 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 53. Total Vote - is the total number of weighted votes of all members of the Legislature 54. 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) ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 55. 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) ARTICLE II ORGANIZATION Section 1. Biennial Organizational Meeting A. Scheduling In accordance with County Law §151 and Local Law No. 2 for year 1972, Article II, Section 202, 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. 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. 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) 3. 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. The notice of said meeting shall be served by the County Clerk of Cortland County as prescribed in Article II, Section B. 2 of these Rules. C. Business ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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); 2. appointment of a Clerk (County Law §400(4)(a), County Law §475, and Local Law No. 2 of 1972) 3. receive and file the designation of the Majority Leader and Minority Leader (if available); 4. appointment of a County Attorney (County Law §400(4)(a), §500); 5. appointment of a County Auditor (County Law §600); 6. appointment of a Public Defender (County Law §716); 7. appointment of a Veterans’ Services Officer (County Law §800); 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. 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 3. The Chair’s term will be through December 31 in the next odd-numbered year 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 RESOLUTION NO. 7-14 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. 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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 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; (See Article IX, Order of Business) 7. in the absence of a quorum, take actions necessary to obtain a quorum; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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; (Page 2, #19) 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 Article IX, 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 C. The Chair may direct the Clerk of the Legislature to call a Special Meeting of the Legislature subject to limitation of Article VII or VIII of these rules, (see County Law §152 and Article VIII) 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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. in accordance with County Law, Section 154, fill any vacancies in any Standing or Special Committee; 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 Article IV; 6. subject to the approval by resolution of the Legislature, assign additional duties to Standing or Special Committees; 7. in accordance with County Law, Section 450, sit on Standing or Special Committees as an ex-officio member. Section 3. Communications A. Resolutions Upon receipt of any resolution, forward it 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. 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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 In accordance with County Law, Section 450, 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. 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; 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, as defined by County Law, Section 450, become familiar with the property, function, and fiscal affairs of the County and shall have final authority for the use of all County properties; G. shall, in accordance with County Law, Section 450, 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 H. shall, in accordance with County Law, Section 450, determine which official shall perform a particular power or duty not clearly defined by law; I. may, in accordance with County Law, Section 450, attend meetings of all boards, commissions, or other bodies appointed by the Legislature; those exercising County functions; or those expending County funds; J. may, in accordance with County Law, Section 450, inspect all books, accounts, records, or documents pertaining to the property, money, or assets of the County over which the County has control; K. may, in accordance with County Law, Section 450, make recommendations to the Legislature on legislation, rules, and regulations, and such other matters deemed material and advisable; L. may, in accordance with County Law, Section 450, transfer employees temporarily from one department or office to another, with the approval of the appropriate department head(s) or the Legislature; 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; 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 County Administrator, Clerk of the Legislature, County Attorney, County Auditor, Public Defender and Veterans’ Services Officer 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. (See Resolution No. 170-06) In the absence of the Chair, the Majority Leader, ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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 (see Article V.14) Section 7. Permanent Vacancy In the event of a vacancy in the office of Chair as defined by Public Officers’ Law, Section 30, 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 Article VIII of 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. (See County Law, §151) 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) 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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. 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. appoint an advisory committee; 3. schedule committee meetings with Department Heads or heads of authorized agencies to discuss mutual objectives and problems; 4. explain the purpose and provisions of resolutions reported from the committee before the debate begins in a Legislative session; and 5. 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); ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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; 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 (See County Law, Section 152); 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; 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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; 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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); 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); ARTICLE VI POWERS AND DUTIES OF THE COUNTY ATTORNEY, THE COUNTY ADMINISTRATOR, COUNTY AUDITOR, PUBLIC DEFENDER AND VETERANS SERVICE OFFICER 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); 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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 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)) The County Auditor shall: Act in accordance with the qualifications, and job description as outlined in the Cortland County Personnel/Civil Service Office (NYS County Law §600) The Public Defender shall: Act in accordance with the qualifications, job duties and job description as outlined in the Cortland County Personnel Office (NYS County Law §716) The Veterans Service Officer shall: Act in accordance with the qualifications, job duties and job description as outlined in the Cortland County Personnel Office (NYS Exec. Law §357 and NYS County Law §800) 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) 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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) 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. 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. 2. All meetings of the Legislature shall be public. (See County Law, Section 152 and Public Officers Law §103 ) ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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 Article III of 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. 7. 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) 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 Article III of these Rules. a. Salute to the Flag b. Roll call of members c. Approval of minutes of the previous meeting d. Privilege of the Floor, to include public participation as authorized by these rules e. Proclamations and Recognitions 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. Announcements l. Adjournment ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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 of the Day. 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. 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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. 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 (19) 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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) 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. 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 Article III of 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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). 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 in Section 12 of this Article. 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), tuition charge backs, and all agencies/organizations ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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, Coroners, Public Defender, Sheriff’s Department including the Jail, Enhanced 911 (E911) Center, Special Traffic Options Program for Driving While Intoxicated (STOP-DWI), Probation Department, Office of Emergency Management, Weights & Measures, and County Clerk. 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. 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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, including the Court House, Highway Administration Building and Recycling Center, but excluding County Highway garages and grounds, County Park buildings and grounds, the County Jail, the County Landfill, and such other exempt buildings as the Legislature may designate by resolution. 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, within the exceptions heretofore mentioned. 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. 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, Office for the Aging, the Retired Senior Volunteer Program, 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, and Water Quality Management Agency, 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, Forest Practice Board, 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 RESOLUTION NO. 7-14 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. 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. ---PAGE BREAK--- CORTLAND COUNTY RESOLUTION NO. 61-14 USE OF SOCIAL MEDA Subject: Guidelines and Procedures for the Use of Social Media References: DHSES Policy: Distribution: Amends: Prepared by: Jack Hess Approved: Date of Issue: 10/29/2013 Effective Date: Standards: Policy: Guidelines and Procedures for the Use of Social Media. Purpose: To create a formal policy on the handling and use of social media within Cortland County. Scope: The Office of the Cortland County Administrator will serve as the controlling authority for departmental use of social media to disseminate its message. This guideline is designed to provide a process for appropriate use of social media within Cortland County. Social media can be an effective venue for communicating with constituents and visitors to Cortland County. 1. A Department Head’s decision to use social media must be approved by the County Administrator’s Office and supported by underlying justification pertaining to the department’s goals and mission, audience, legal risks, technical capabilities and potential benefits. 2. Department Heads who choose to use social media networks must have a strong understanding of the risks associated with use. Department Heads may engage the County Administrator’s Office for guidance in assessing the risks of utilizing a specific social media site in comparison with the business opportunities expected. The County Attorney’s office may also be consulted regarding anything related to social media use. 3. Department Heads are responsible for determining who in their department is authorized to use social media on behalf of the department, and for designating appropriate levels of access, including identifying what sites, or types of sites, the employee is approved to use, as well as defining capability: publish, edit, comment, or view only. 4. Departments utilizing social media must: a. Establish a well thought out social media strategy b. Develop and maintain department specific social media procedures c. Adhere to Cortland County Information Security Policy’s security controls to protect County information and technology assets 5. The following sites may be approved by the County Administrator for social media communication that relates directly to the business of the county: ---PAGE BREAK--- a. Facebook (http://www.facebook.com) b. Twitter (http://www.twitter.com) c. YouTube (http://www.youtube.com) d. Flickr (http://www.flickr.com) e. Blogs (i.e. http://www.wordpress.com, http://www.blogspot.com ) f. RSS Feeds 6. County social media network accounts must be created using an official County email account. 7. Sites must contain visible elements that identify them as official Cortland County sites. Among other items, this includes displaying official County seals, department brands, contact information and a link to department sites and the main Cortland County site. 8. Any questions about the release of information which is beyond the scope of routine social media content should be reviewed by the County Administrator’s Office for approval prior to being posted to a department’s profile or page. 9. Departments are responsible for establishing and maintaining content posted to their social media page and shall have measures in effect to prevent inappropriate or technically harmful information, media content, and links. Social media pages are not intended to be used in a way that guarantees the right to free speech. Each department is responsible for monitoring these postings, and taking appropriate action when necessary, to protect general site visitors from inappropriate or technically harmful information and links. 10. Departments choosing to allow discussion on social media content shall consult with the County Attorney to develop department-specific disclaimers to meet the County’s legal needs. Sites that allow discussion shall inform visitors of the intended purpose of the site and provide a clear statement of the topic introduced for discussion so that the public is aware of the limited nature of the discussion and that inappropriate posts are subject to removal, including but not limited to the following types of postings regardless of format (text, video, images, links, documents, etc.): a. Comments not topically related b. Profane language or content c. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, with regards to public assistance, national origin, physical or mental disability or sexual orientation d. Sexual content or links to sexual content e. Solicitations of commerce f. Conduct of encouragement of illegal activity g. Information that may tend to compromise the safety of the public or security of the public or public systems h. Content that violates the legal ownership interests of any other party i. Comments or content related to County personnel j. Politically biased 11. User Behavior - The same standards, principles and guidelines that apply to Cortland County employees in the performance of their assigned duties apply to social media use. ---PAGE BREAK--- 12. Records Management - Department use of social media shall be documented and maintained in an easily accessible format that tracks account information and preserves items that may be considered public record subject to disclosure under the New York State Freedom of Information Law (NYSFOIL). a. Departments are responsible for the creation, administration and deactivation of social media accounts. b. Account password information shall only be shared with authorized employees who have been designated by the Department Head to fulfill the role of site account administrator. c. Accounts shall be reset when an employee is removed as an account administrator. d. A copy of all accounts and passwords will be stored with the County Administrator’s Office and updated whenever a change is made. 13. Site Monitoring - Department social media pages shall be monitored regularly and prompt corrective action shall be taken when an issue arises that places, or has the potential to place, the County at risk. a. Department social media site administrators shall review site activity and content daily for exploitation or misuse. b. Departments that allow the public to post comments, links or material directly onto their social media site shall have an established process, including the technical capability outside of the County’s network, to verify that the posting is acceptable. Posts deemed technically harmful or inappropriate shall be handled in accordance with this procedure. c. If a comment posted by a member of the public includes threatening language or may signal an imminent danger to any department or individual, record the comment and immediately notify the County Attorney’s office. Do not remove the comment from the site unless and until directed by the County Attorney’s office. 14. Department use of social media must comply with all applicable federal, state, and county laws and procedures including, but not limited to copyright, records retention, NYSFOIL, privacy laws, and HIIPA. Departments shall not disclose confidential or proprietary information on social media sites. a. Sharing of posted content owned by others shall be performed in accordance with copyright, fair use and established laws pertaining to materials owned by others. This includes, but is not limited to quotes, images, documents and links. b. Electronic information posted to a social media site by the County, or a member of the public, may be considered a record subject to NYSFOIL. In addition, personal social media profiles which are used to edit or publish content on County social media pages may be subject to NYSFOIL. ---PAGE BREAK--- RESOLUTION NO. 170-14 Road Preservation, Use and Repair Agreement This Agreement (Agreement) effective the day of 20__ is made and entered into by and between Cortland County, acting through its duly constituted Highway Department (Municipality), located at 60 Central Avenue; and (Developer), a person, a corporation or entity, organized and existing under the laws of, or duly authorized to conduct business in the State of New York, having its principal place of business at Whereas, the parties hereto desire to provide for the use and repair of County Roads when subjected to damage or degradation by frequent or repetitive traversing of heavy vehicles employed in respect to transporting heavy construction equipment and hauling construction materials. Now Therefore, in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Terms and Conditions: Shall be set forth in Sections One to Eleven and Appendices A, B, and C. Term of Agreement: This Agreement shall be for a term commencing on the effective date hereof and ending when the project in respect of which it is entered into is complete and any applicable warranty period. In Witness Whereof, the parties hereto have executed this agreement as of the latest date written below. Developer Municipality By: By: CORTLAND COUNTY Title: Date: Date: Approved as to From: Date: ---PAGE BREAK--- Road Preservation Use and Repair Agreement An Agreement Relating to the Use and Repair of Roads in the County of Cortland Section 1: PURPOSE The purpose of this agreement is to maintain the safety and general welfare of Cortland County residents and to preserve the municipal roads by regulating commercial and construction activities that have the potential to adversely affect road conditions and public right-of-ways. Well maintained roads are important to the economic well being of the County of Cortland hereinafter, “the Municipality.” Commercial endeavors are also economically beneficial. This agreement is to protect the public right-of-ways from damage. The Legislature of the County of Cortland hereby enacts the following Road Preservation Use and Repair Agreement pursuant to the provisions of the Municipal Home Rule Law. Section 2: ENFORCEMENT The Municipality delegates to the Cortland County Highway Superintendent hereinafter, “the Designee,” the oversight of assuring construction/commercial activities do not have an adverse impact on roads. This individual will work directly with the company representative named on Appendix A. Section 3: DEFINITIONS a. Structural Class: 1. Structural Class 1 - The road structure has been upgraded to an adequate and high quality base of uniform thickness and material type. The driving surface is either an asphalt concrete pavement or bituminous surface treatment in good to excellent condition. The Granular Base and/or the Asphalt Pavement/Bituminous Surface Treatment are less than 10 years old and have 20 to 30 years remaining life. The complete road structure is capable of supporting heavy construction equipment (total estimated 18-KIP Equivalent Single Axles Loads) throughout the duration of the anticipated project, without needing major structural improvements prior to the project. However, heavy construction traffic loading will expend some of the useful life of the road pavement structure and shorten the life expectancy of the road, even though visible damage at the end of the project may not be severe. Visible damage could include but is not limited to increased extent of one or more of the following distresses; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and overall ride roughness. ---PAGE BREAK--- 2. Structural Class 2 - The road structure has been upgraded to an adequate and high quality base of uniform thickness and material type. The driving surface is either an asphalt concrete pavement or bituminous surface treatment in fair to good condition. The Granular Base and/or the Asphalt Pavement/Bituminous Surface Treatment are 10-20 years old, and have 10 to 20 years remaining life. The road is adequate to sustain construction traffic for the project. However, damage to the asphalt pavement/bituminous surface or base will be likely during the project thereby causing a significant decrease in serviceability for the traveling public, rough travel for construction equipment, and potential safety issues and increased difficulties in performing winter maintenance. Visible damage could include but is not limited to increased extent of one or more of the following distresses; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and overall ride roughness. 3. Structural Class 3 – The road structure has not been upgraded. The base layer/s is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The asphalt pavement is in fair to good condition with one or more of the following surface distresses present; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths). Ride roughness may range from fair to excellent. The combined layers of the pavement structure continue to provide an acceptable level of service for the traffic using the road. The road is judged to be generally adequate to service the construction traffic and the traveling public throughout the duration of the proposed project. However, by the end of the project damage to the pavement structural system will likely be visible, and will take the form of increased extent of one or more of the following distresses; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and increased ride roughness. 4. Structural Class 4 – The road structure has not been upgraded. The base layer/s is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The asphalt pavement is in poor to fair condition with a rough deteriorated driving surface. The road is not capable of sustaining the magnitude and the duration of loading commensurate with a designated haul route (total estimated 18-KIP Equivalent Single Axles Loads) for an extended project. Use of the road without prior reconstruction may result in significant distresses such as severe alligator cracking, potholes, rutting, and very rough ride-ability within the duration of the project. The accelerated deterioration would create excessive demand for pavement repairs (i.e. pothole patching, rut filling etc.). The effectiveness of winter snow and ice maintenance would be greatly diminished (i.e. snow plows would not be able to operate efficiently and safely, snow and ice would be left in deep wheel path ruts after plowing etc.). Consequently the safe passage of the traveling public as well as construction equipment would be seriously compromised. 5. Structural Class 5 – The road structure has not been upgraded. The base layer/s is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The road is not capable of sustaining the magnitude and the duration of ---PAGE BREAK--- loading commensurate with a designated haul route (total estimated 18-KIP Equivalent Single Axles Loads) for an extended project. Use of the road without prior reconstruction may result in significant distresses such as potholes, rutting, and very rough ride-ability within the duration of the project. The accelerated deterioration would create excessive demand for repairs (i.e. pothole patching, rut filling etc.). The effectiveness of winter snow and ice maintenance would be greatly diminished (i.e. snow plows would not be able to operate efficiently and safely, snow and ice would be left in deep wheel path ruts after plowing etc.). Consequently the safe passage of the traveling public as well as construction equipment would be seriously compromised. a. High Frequency, High Impact Traffic: Traffic to and from a single project site that generates more than ten truck trips per day for more than four consecutive days, involving trucks that exceed 20 tons (truck and load combined) that could impact the Municipality’s roads. b. Road Preservation Use and Repair Worksheet (Appendix Worksheet is to be completed by project developer, summarizing the project, project location, start and completion dates, expected max gross weight used for the project, designated haul routes (Appendix and any other information that the Designee deems necessary. c. Designated Haul Routes (Appendix Roads used for; transportation and delivery of equipment and components and other materials and equipment to be used in connection with the Project; truck transportation leaving the Project site following delivery of equipment and materials, movement of rigs and transportation and delivery of local sources of materials, including concrete, gravel and asphalt. d. Developer: The person, corporation or entity responsible for generating the truck traffic including any subcontractor used by said person or corporation. e. Project. Any construction related activity including follow truck traffic that generates high-frequency, high-impact truck traffic on County roads whether or not the project is located in the County of Cortland. Projects include, but are not limited to construction, mining and drilling activities. f. Commencement of Construction: Construction shall begin upon issuance of access/driveway permits by the municipality (pre-construction surveys must be completed and approved before the issuance of access/driveway permits). g. Exclusion. Any municipality or school district, its contractors and sub- contractors, within the County of Cortland shall be excluded from this Local Law. Agricultural operations as defined by New York State Agricultural District Law and the movement of agricultural products are also excluded. ---PAGE BREAK--- Section 4: GENERAL PROVISIONS DESIGNATION OF HAUL ROUTES The Developer shall submit requested routes (hereto referred to as Designated Haul Routes) for hauling equipment and materials to and from the project to the Municipality for approval. These routes will be further designated, by the Municipality as Structural Class 1, 2, 3, 4, or 5 (as defined in Section 3) with certain requirements stipulated for their use as set forth in Sections 4.1, 4.2 and Section 5 below. A list and map of the Designated Haul Routes are identified in Appendix A. The Haul Routes shall be designated prior to the commencement of construction activities and prior to the final signing and execution of the Road Use Agreement. The Pre-Construction Survey will begin after the signing of the Road Use Agreement. 4.1 Class 1, 2, and 3 Roads – These roads can be used by the Developer for the Construction project without any repairs or improvements to the pavement structure prior to construction. However, geometric improvements (turning radii etc) and bridge or culvert improvements will still be required, at the Developer’s expense, as needed. 4.2 Class 4 and 5 Roads – The Developer may proceed to use the road at their own risk. However, the Municipality shall monitor the use of the road during the construction project. If the road becomes dangerous to the traveling public, the Municipality shall close the road to all construction traffic. In the case of closure, the Developer shall be required, at their own expense, to complete reconstruction of the road base and asphalt concrete pavement to include shoulders and necessary improvements of ditches, culverts and other drainage related facilities before construction traffic is allowed to continue. The Municipality shall determine the full cross section design and material specifications for this reconstruction. The Developer shall hire a qualified contractor of its choice to construct the pavement system (base and asphalt pavement layers for Class 4, if applicable) according to the full specifications provided by the municipality. Section 5: USE OF DESIGNATED HAUL ROADS AND PRE-CONSTRUCTION ROAD SURVEY 5.1 Construction Traffic Estimation- The Developer shall engage and pay for the services of a NYS licensed Civil Engineering firm approved by the Municipality, to estimate all of the construction traffic that will use each Designated Haul Route. The type, weight, number of axles, and load on each axle, of each construction vehicle shall be defined and the number of trips for each shall be estimated. This shall be done for overweight vehicles hauling in construction equipment as well as all non-overweight loads carrying aggregate, concrete and any other building supplies and materials over the designated haul roads from any and all suppliers, vendors, contractors etc. involved in the project. Then, the sum total estimated construction traffic shall be converted to a total number of Equivalent 18-Kip Single Axle Loads (ESAL’s), according to the AASHTO Pavement Design Guide, over the duration of the project. This shall be done for each Designated Haul Route that the Developer will use for the project. The Road Use Agreement will be executed only after this data is submitted and the Haul Routes are ---PAGE BREAK--- designated. All Designated Haul Routes will be posted at each end of the road with final locations to be determined by the Municipality and paid for as detailed in Appendix B. 5.2 As soon as practicable after the execution of the Road Use Agreement, but in any event prior to the commencement of construction the Developer shall select a third party NYS licensed Civil Engineering firm, approved by the Municipality to conduct the surveys and assessments explained in section 5.4 below. Roads and highways within the boundaries of the Municipality anticipated to be used as Designated Haul Routes plus any roads anticipated to serve on a one time basis or roads which could be added as Designated Haul Routes will be assessed as described below. A representative from the Engineering Firm shall meet with the Municipalities Highway Superintendent or their designee prior to data collection to review how the data will be collected and reported. The Municipality shall either agree and approve or disapprove the data collection process and the report formats. The Pre-Construction survey shall be done before the final execution of the Road Use Agreement. 5.3 Structural Class Designation- The Municipality shall retain exclusive rights to designate the Road Structural Class for the Designated Haul Routes. The Developer agrees to abide by this decision. The Municipality shall make this decision based on the road surface condition, structural condition, and the traffic using the road. Pre- construction road survey requirements are enumerated in Section 5.4 below. 5.4 Pre-Construction Survey- A full report of the assessments in – below shall be provided to the Municipality by the Developer and paid for by the Developer, prior to the commencement of construction. Video Survey of Roads. Videotape the Designated Haul Roads and Non- Project Roads that could be used as explained above. Videos will be provided in a DVD format. The full costs of the Video Survey will be borne by the Developer. Additional video surveys shall only be conducted in the event the Parties mutually agree and the additional survey costs are borne by the Developer. Distress Survey. – Measure and record the extent and severity of surface distresses for each designated haul road. The survey shall include the severity and extent of alligator cracking, longitudinal cracking, transverse cracking, edge cracking/deterioration, potholes and patches. Rutting and cross slope assessment. – Wheel rut depth in both outer and inner wheel paths shall be measured with a straight edge. If the lane is crowned in the middle the rut depth can be measured for each wheel path by laying the straight edge from the centerline of the road to center of the lane and from the center of the lane to edge of the road for the inner wheel path and outer wheel path, respectively. Cross slope shall also be measured, using the full lane width straightedge and a “smart level” in percent mode. Again, if there is a crown in the middle of the lane the cross slope shall be measured independently, and recorded as such, for the inner and outer ---PAGE BREAK--- wheel paths. The rut depth and cross slope measurements will be made at a uniform spacing at 15 locations per mile. Road Roughness – Measure, record, and report the International Roughness Index (IRI) using a profilometer for each designated haul road. A full report of the Roughness assessment shall be provided to the Municipality at no cost to the Municipality prior to the commencement of construction. Core Sample- A core or crosscut sample may be required, at the Municipality’s discretion, to determine necessary repairs. 5.5 Inspection of Culverts and Bridges- Within one month after the execution of this agreement, and prior to the commencement of construction, the Developer shall select a qualified engineering company, subject to approval by the Municipality, to inspect the culverts and bridges on the Designated Haul Routes. The inspection shall be done within that same month following execution of the agreement. Culverts and bridges on any other roads anticipated to serve on a ‘one- time’ basis or roads which could be added as Designated Haul Routes shall also be included. The third party engineer shall take photographs of the culvert and bridges. The full costs of the inspections will be borne by the Developer. Based on the inspections the selected engineering firm shall provide a report discussing the status of culverts and bridges that shall require improvements/upgrades prior to their use Project. This report shall also present the recommended improvements/upgrades to the structures and shall be submitted to the Municipality for review. The Municipality will prepare a final list of improvement/upgrade projects that must be done prior to commencement of construction. The Municipality reserves the right to require an evaluation of any bridge that will be crossed by an overweight special hauling vehicle. The evaluation shall be done by a qualified NYS licensed engineering firm. 5.6 Limitations of Road Use Restrictions. All other Municipal roads not selected as Designated Haul Routes are strictly forbidden for use by the Developer throughout the duration of the Project. In the event that the Developer would like to amend and add any road to the list of Designated Haul Routes during the project the Municipality shall be informed, and will determine whether or not Appendix B shall be amended. All Sections of this Agreement shall then be immediately applicable and satisfied prior to the added road being used. “One Time Use” of a road that is not a Designated Haul Route - In the event the Developer determines it is necessary for the Project to use a Municipal road not identified on Appendix B as a Designated Haul Road, then the Developer shall notify the appropriate Municipality’s Designee, describing in detail such use and the reasons therefore. If the use is to be ‘one time,’ the Municipal Designee shall make the determination to allow the road use without the road being added to Appendix B as a Designated Haul Route unless the use is ---PAGE BREAK--- a superload. If the Developer determines that the road may be used multiple times it shall be added to Appendix B as described in Section 4 of this Article as a Designated Haul Route. Extreme Weather Conditions - Once construction begins on the Project the Municipal Designee shall be entitled, at any time, to notify the Developer that use of a/the Designated Haul Road/s may result in excessive damage to a/the Designated Haul Road/s due to weather conditions that may pose a serious safety risk to the traveling public. The Developer shall work with the Municipality’s Designee to develop a plan to mitigate or prevent safety liabilities concerning all designated haul routes as a result of such weather conditions. If the Parties are able to develop a plan to mitigate or prevent such safety liabilities, then the Developer may continue to use such roads provided such mitigation is implemented. If the Parties are unable to develop such a plan, the Developer may propose an alternate route to the Project site for approval by the Municipality (such approval not to be unreasonably withheld). Section 6: POST USE PAVEMENT SURVEY 6.1 Post Use Pavement Survey Tasks - The Developer shall engage and pay for the services of a NYS licensed Civil Engineering firm, approved by the Municipality, to do the post use survey. The Post Use Pavement Survey tasks listed below shall be completed and submitted within 90 days following the project completion date. Photo & Video Survey of Roads – Repeat as described in section 5.4 above. Distress Survey – Repeat as described in Section 5.4 above. Rut Depth and Cross Slope measurements – Repeat as described in Section 5.4 above. Road Roughness – Repeat as described in Section 5.4 above. Core Sample- May be required per Municipality’s discretion. Section 7: DETERMINATION OF FINAL REPAIRS The Municipality shall examine the post use survey data and compare it to the pre- construction survey data. Based on the data, field inspection, and structural evaluation (if necessary) the Municipality shall determine the needed repairs. If the Municipality determines repairs are necessary, such repairs as set forth in paragraphs 7.1 to 7.6. The Municipality shall prepare a report of the needed repairs that includes the treatment for each road segment and the total estimated cost of the repair. The report shall be submitted to the Developer within the first 90-day month period after the project completion date and receipt of the post-use survey. 7.1 - Class 1 Roads - Upon completion of the project, a thin asphalt concrete overlay (less than 2 inches) or a microsurfacing shall be done to replace the structural capacity ‘loss’ of the pavement and to reseal cracks, restore road smoothness and correct ride- ability deficiencies that may have been induced; the thickness, materials, and method of ---PAGE BREAK--- construction for this overlay or microsurfacing shall be specified by the Municipality. If asphalt pavement damage is significant a thick asphalt concrete overlay (greater than 2 inches) or a Cold-in-Place recycle with 1 ½” hot mix top may be required. However, if the post construction survey indicates significant deep structural damage to the pavement and base has occurred, the repair could include full pavement rehabilitation (recycling or replacement of asphalt) or full depth reconstruction (asphalt pavement and base layer reconstruction). Structural Damage to the base will be assessed by the increase in depth and width of wheel ruts and the extent of alligator cracking, potholes and patches. The Municipality shall determine the repair type (to include shoulders if necessary), and material specifications for the repair. One hundred percent (100%) of the costs of the labor, materials, equipment, design and construction inspection services, shall be paid by the Developer to the Municipality to be specifically allocated for the repair of the road(s). The Municipality retains the right to make the final decision regarding the extent and type of road repairs. 7.2 Class 2 Roads - Upon completion of the project, a thin asphalt concrete overlay (less than 2 inches) or a microsurfacing shall be done to replace the structural capacity ‘loss’ of the pavement and to reseal cracks, restore road smoothness and correct ride-ability deficiencies that may have been induced. The thickness, materials, and method of construction for this overlay or microsurfacing shall be specified by the Municipality. If asphalt pavement damage is significant a thick asphalt concrete overlay (greater than 2 inches) or a Cold-in-Place recycle with 1 ½” hot mix top may be required. However, if the post construction survey indicates significant deep structural damage to the pavement and base has occurred, the repair could include full pavement rehabilitation (recycling or replacement of asphalt) or full depth reconstruction (asphalt pavement and base layer reconstruction). Structural Damage to the base will be assessed by the increase in depth and width of wheel ruts and the extent of alligator cracking, potholes and patches. The Municipality shall determine the repair type (to include shoulders if necessary), and material specifications for the repair. One hundred percent (100%) of the costs of the labor, materials, equipment, design and construction inspection services shall be paid by the Developer to the Municipality to be specifically allocated for the repair of the road(s). The Municipality retains the right to make the final decision regarding the extent and type of road repairs. 7.3 Class 3 Roads - Upon completion of the project, a thin asphalt concrete overlay (less than 2 inches) or a microsurfacing shall be done to replace the structural capacity ‘loss’ of the pavement and to reseal cracks, restore road smoothness and correct ride-ability deficiencies that may have been induced. The thickness, materials, and method of construction for this overlay or microsurfacing shall be specified by the Municipality. If asphalt pavement damage is significant a thick asphalt concrete overlay (greater than 2 inches) or a Cold-in-Place recycle with 1 ½” hot mix top may be required. However, if the post construction survey indicates significant deep structural damage to the pavement and base has occurred, the repair could include full pavement rehabilitation (recycling or replacement of asphalt) or full depth reconstruction (asphalt pavement and base layer reconstruction). Structural Damage to the base will be assessed by the increase in depth and width of wheel ruts and the extent of alligator cracking, potholes and patches. The ---PAGE BREAK--- Municipality shall determine the repair type (to include shoulders if necessary), and material specifications for the repair. One hundred percent (100%) of the costs of the labor, materials, equipment, design and construction inspection services shall be paid by the Developer to the Municipality to be specifically allocated for the repair of the road(s). The Municipality retains the right to make the final decision regarding the extent and type of road repairs. 7.4 Class 4 and 5 Roads - If the road was not rebuilt by the Developer prior to or during the project then upon completion of the project the road will be repaired by one of the following methods; Full pavement rehabilitation (recycling or replacement of asphalt) or Full depth reconstruction (asphalt pavement and base layer reconstruction).One hundred percent (100%) of the costs of the labor, materials, equipment, design and construction inspection services shall be paid by the Developer to the Municipality to be specifically allocated for the repair of the road(s). Full Pavement Rehabilitation –Major rehabilitation of the asphalt pavement only, such as a thick asphalt overlay or a Cold-in-Place recycle with a hot mix over lay. Full Depth Reconstruction - Asphalt pavement repair/replacement and gravel base material repair/replacement. The Municipality retains the right to make the final decision regarding the extent and type of road repairs. 7.5 One-Time Use Roads - The Developer will repair any damage caused by the project to the One-time use roads, and return such roads to the condition such roads were in prior to such damage (as near as is reasonably practicable having due regard for normal wear and tear). Prior to commencement of such repair, the Municipality and Developer shall meet to review the damage in relation to the Initial Survey or most recent subsequent survey, as applicable. The Developer shall repair (or cause to be repaired) such damage and restore the road to the standard agreed upon, unless the Developer can demonstrate to the reasonable satisfaction of the Municipal Designees that the damage was not caused by the Developer. Any repair and restoration shall be performed at such times as the Developer and the Municipality determine, having due regard for safety and, the presence of emergency conditions. In the event that the Developer fails to repair such roads within the agreed upon period, then, unless the Parties mutually agree otherwise, the Municipality may make such repairs and shall invoice the Developer for the costs incurred by the Municipality in connection with the repair. The Developer shall pay such invoiced amounts within ten (10) days following receipt of the invoice. 7.6 Culverts and Bridges – Improvements/Upgrades to bridges and culverts may be required prior to commencement of the project. These improvements are discussed in Section 5.5. Damage as a result of the Project to a culvert or bridge structure that was not improved or upgraded must be repaired following the project, or sooner if deemed necessary by the Municipality. All modifications or repairs to culverts or bridges shall be designed by a Professional Engineer licensed to practice in New York State in accordance with accepted AASHTO and NYSDOT standards and approved by the ---PAGE BREAK--- Municipality. All damage due to Developer’s work shall be mitigated, either through repair or replacement, by the Developer at its expense to the satisfaction of Municipality. 7.7 Emergency and/or Periodical Repair- The Developer will be expected to perform any emergency repairs and or periodical, necessary repairs to the haul roads, including the pavement, drainage structures, or any other highway related appurtenance that is damaged by the Project and which the Municipality determines must be repaired. The Municipality will inform the Developer of required emergency repairs and the repair shall be accomplished within a minimum of three days time. If more time is required the Developer shall inform the Municipality of the status of the repair on a daily basis. Close communication will be required between the Municipal Designee and the Project Manager of the Project. All costs of the repair shall be paid for by the Developer. 7.8 Insurance Requirements- The Municipality requires the following Certificates of Insurance showing the following: a. Certificate of Insurance showing that the contractor is carrying General Liability Insurance with limits of $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products/completed operation aggregate limits. The County shall be listed as additional named insured on the liability policy. b. Workers Compensation and New York State Disability Benefits Insurance. The County must be listed as Certificate holder. The previously accepted ACCORD 25 forms will not be accepted as proof of Worker’s Compensation or Disability Insurance. Forms C-105.2, U-20.3, GSI-105.2 or SI-12 are the only forms that will be accepted as proof of Workers’ Compensation Insurance or Disability Insurance. The only exception to this requirement is the unincorporated sole proprietorship or partnership, where there are no employees. In such event Form CE-200 (Certificate of Attestation) must be submitted. c. The County Highway Superintendent at 60 Central Avenue, Cortland, New York 13045 shall be notified immediately if the insurance coverage is in any way modified or terminated while this agreement is in effect. Section 8: PERMITS The Developer shall obtain all necessary governmental permits and approvals that are necessary to permit the Developer to make the modifications and improvements to the Designated Roads contemplated herein. The Developer shall be responsible for obtaining all required permits and approvals including, but not limited to the following: 1. Municipality’s Highway Work Permits – For any and all work in the Municipal right-of-way (including utilities) 2. Municipality’s Highway Driveway Access Permits 3. Municipality’s Overweight and Special Hauling Permits 4. NYS DOT Overweight and Special Hauling Permits for County Roads 5. NYS DEC permits for water crossings, wetlands, etc. ---PAGE BREAK--- 6. Army Corps of Engineer permits for water crossings etc. Section 9: WARRANTIES BY DEVELOPER 9.1 Workmanship and Material Warranties- The following warranty and workmanship requirements apply to all repairs, modifications, and improvements that the Developer (its contractors or subcontractors) shall make prior to or during the course of the Construction project in order to accomplish the construction process. As used herein, “Applicable Warranty Period” means, with respect to any repair, modification, or improvement by the Developer hereunder, the time period that begins on the date repairs, modifications or improvements to Designated Roads are complete and ending on the date that is twelve (12) months after such completion date. Developer’s engineering responsibility, including the selection of material and equipment suitable for the repair of, and modifications and improvements to, the Designated Haul Routes and One Time Use Roads shall be carried out in accordance with NYS Department of Transportation (NYSDOT) standards and specifications, and Developer’s construction responsibility shall be carried out in accordance with sound construction practices. The Developer shall require from its construction contractors and subcontractors the same standards for engineering and construction practice. The Developer warrants that it shall perform and complete all repairs, modifications and improvements hereunder in a good and workmanlike manner. The Developer warrants that all repairs, modifications and improvements hereunder shall be free from defects in material and workmanship. The Developer shall remedy any defects in the repairs, modifications and improvements performed hereunder including repairs, modifications and improvements, workmanship, materials and equipment provided by subcontractors during the “Applicable Warranty Period”. A “defect” means any and all design, engineering, construction, manufacturing, installation, materials, equipment, repairs, modifications or improvements which does not conform to the terms of this Agreement is of improper or inferior workmanship, or is not suitable for use under the applicable climatic and range of operating conditions. The Municipality will determine whether there are defects, as explained. 9.2 Remedies- During the Applicable Warranty Period, the Municipality shall notify the Developer in writing of any defects in the repairs, modifications or improvements. At no additional cost to the Municipality, the Developer shall proceed (within five business days) to take such action relating to its performance or that of its subcontractors hereunder as is necessary to cause the repairs, modifications and improvements to comply with the warranties specified in this Agreement. The Developer shall be available either at the project or by telephone for the performance of warranty repairs on a seven day a week, twenty-four (24) hours per day basis. 9.3 Final Waiver of Liens- The Developer warrants that all repairs, modifications, improvements and materials furnished in connection with the performance by the Developer under this Agreement shall be free and clear of all liens. ---PAGE BREAK--- Section 10: WARRANTIES BY DEVELOPER A bond, letter of credit, or cash escrow (to be determined by Municipality) will be required for each designated haul road in an amount to be determined subsequent to the designation of Haul routes but prior to signing of the final agreement. The Bonded amounts shall be in accordance with the following schedule: 1. Class I Roads - $150,000 per mile 2. Class II Roads - $150,000 per mile 3. Class III Roads - $140,000 per mile 4. Class IV Roads - $140,000 per mile 5. Class V Roads - $70,000 per mile These amounts are merely guidelines and the Municipality retains the right to change them as necessary. The final release of all bonds/letter of credit/cash escrow will be determined once all damage has been repaired to the satisfaction of the Municipality and after the applicable warranty period has passed. Section 11: FEES A non-refundable processing fee of one-thousand dollars ($1,000) payable to the Municipality must accompany each executed Appendix A. The Municipality reserves the right to issue a stop-work order and consequent revocation of this agreement for violations of agreement. ---PAGE BREAK--- APPENDIX A ROAD PRESERVATION USE AND REPAIR WORKSHEET Project Developer: Address: Phone: Project Manager: 24-Hr Contact Work Location: Estimated Project Start Date: Estimated Project Completion Date: Maximum Gross Vehicle Weight: Maximum Truck Trips/Day: Required Documentation: a. Construction Traffic Estimate - Date Received: - Approved By: b. Pre-Construction Survey - Date Received: - Approved By: c. Bond/Letter of Credit (Check one) Bond Amount: Date Paid: ---PAGE BREAK--- Letter of Credit: Date Paid: d. Appendix B Attached; In connection with the development, construction, operation and maintenance of the Project, the Municipality hereby acknowledges and agrees that its contractors and subcontractors and each of their respective agents, employees, representatives, and permitted assigns (collectively, the “Developer”) shall use the roads and highways located in the Municipality identified on Appendix B hereto (the “Designated Haul Routes”). The Designated Haul Routes may be used by Developer only in connection with the development, construction, operation, and maintenance of the Project, including the transportation of heavy equipment and materials to and from the Project. e. This agreement must be renewed one year from the effective date of filing. Agreement Approval and Effective Date: Approved by: Municipal Official Approved by: Authorized Project Representative APPENDIX B DESIGNATED HAUL ROUTES (Attach map) Approval Date: Approved by: Municipal Official Approved by: Authorized Project Representative Note: All designated haul routes will be posted as such. All expenses associated with route posting will be paid by the Developer. The Unit Price for one sign is $175 (includes labor, all materials, stakeout and call to Dig Safely NY). APPENDIX C GENERAL TERMS AND CONDITIONS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, “the contract” or “this contract”) agree to be bound by the following clauses which ---PAGE BREAK--- are hereby made a part of the contract (the word “Developer” herein refers to any party other than the Municipality, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. This contract shall be deemed executor only to the extent of money available to the Municipality for the performance of the terms hereof. In accordance with Section 41 of the State Finance Law, the Municipality shall have no liability under this contract to the Developer or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNABILITY CLAUSE. This contract may not be assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, of the Municipality. 3. INSURANCE. The Developer shall carry, at his expense, from insurers licensed in the State of New York, at least the insurance coverage and limits as set forth in Section 7.8. 4. INDEMNITY. The Developer shall at all times without limitation indemnify the Municipality from all claims, damages or judgments or for the defense or payment thereof, based on any claim, action or cause of action whatsoever, including any action for libel, slander, or personal injury, or any affiliated claims, by reason of any act or failure to properly act on the part of the Developer and in particular, as may arise from the performance under this contract. 5. COMPLIANCE WITH RULES, REGULATIONS AND LAWS. It is mutually agreed that all rules, regulations and laws pertaining hereto shall be deemed to be part of this contract, and anything contained herein that may be in whole or in part inconsistent therewith shall be deemed to be hereby amended and modified to comply with such legislation, rules, regulations and laws, for and during such time the same shall be in effect, but at no other time. If any provision contained herein is found now or during the life of this Contract to be null and voice, in whole or in part as a matter of law, then said clause or part hereof shall be deemed to be severed and deleted from this Contract leaving all other clauses or parts thereof in full force and effect. It is further agreed that there shall be no gap in the coverage or applicability of said remaining clauses or parts thereof. Developer agrees to comply with the Federal Commercial Drivers License Drug and Alcohol Testing Program requirements set forth in CFR 49 parts 40 and 382. In acceptance of this Agreement, Developer covenants and certifies that it will comply in all respects with all Federal, State, County or other Municipal Law which pertains hereto regarding work on municipal contracts, matters of employment, length of hours, workers’ compensation and human rights. 6. CONFLICT OF INTEREST. Developer hereby stipulates and certifies that there is no member holding a municipal office or other municipal officer or employee forbidden by law to be interested in the contract directly or indirectly, who will benefit therefrom or who is a party thereto. 7. INDEPENDENT CONTRACTOR STATUS. Developer covenants and agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and that itself, its employees or agents will neither hold themselves out as, nor claim to be an officer or employee of the Municipality, for such purposes as, but not limited to, Workers’ Compensation coverage, Unemployment Insurance Benefits, Social Security or Retirement membership or credit. 8. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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) ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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. 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. 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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. 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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) RESOLUTION 204-14 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 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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; 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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; 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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; 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 2, 2014 (Amended June 26, 2014) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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) RESOLUTION 204-14 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--- AGREEMENT BETWEEN THE COUNTY OF CORTLAND AND THE CSEA, LOCAL 1000 AFSCME, AFL-CIO BY THE CORTLAND COUNTY UNIT 6550 OF THE CORTLAND COUNTY LOCAL 812 EFFECTIVE JANUARY 1, 2015 THROUGH DECEMBER 31, 2018 RESOLUTION NO. 206-14 ---PAGE BREAK--- i ARTICLE PAGE 44 AGREEMENT 41 18 BEREAVEMENT LEAVE 23 3 CSEA RIGHTS 2 7 DISCIPLINE AND DISCHARGE 10 4 DUES, DEDUCTIONS, AND COLLECTIONS 3 42 DRUG/ALCOHOL TESTING POLICY 40 43 DURATION OF 40 29 EDUCATIONAL BENEFITS 32 35 EQUAL OPPORTUNITY DECLARATION 36 40 EMERGENCY CLOSING/INCLEMENT WEATHER.......... 38 14 EMERGENCY POOL 21 17 EXCESSIVE ABSENTEEISM 23 12 FAMILY AND MEDICAL LEAVE 19 15 FAMILY SICK LEAVE 21 6 GRIEVANCE PROCEDURE 7 8 HOLIDAYS 11 10 INSURANCE 16 30 JURY DUTY 33 36 LABOR/MANAGEMENT COMMITTEE 36 33 LAYOFF/REDUCTION IN 35 19 LEAVE OF ABSENCE 24 21 LONGEVITY 26 2 MANAGEMENT 1 27 MEAL ALLOWANCE 30 37 MEDICAL EXAMINATIONS 37 34 MILEAGE 36 26 OUT OF TITLE WORK 30 23 OVERTIME 27 41 PERSONAL APPEARANCE OF EMPLOYEES 39 RESOLUTION NO. 206-14 ---PAGE BREAK--- ii ARTICLE PAGE 16 PERSONAL LEAVE 22 38 PERSONNEL FILES 37 PREAMBLE 1 1 RECOGNITION 1 25 REIMBURSEMENTS 28 11 RETIREMENT 19 24 SAFETY 28 31 SENIORITY 34 22 SHIFT DIFFERENTIAL 26 13 SICK LEAVE 19 28 TRAVEL ALLOWANCE 30 32 VACANCIES 34 9 VACATION 13 20 WAGES 25 5 WORKDAY/WORKWEEK 4 39 WORKERS’ COMPENSATION 37 Appendix A Excluded Titles 42 Appendix B Grade and Title Structure 45 Appendix C Drug/Alcohol – Non CDL 49 Appendix D Drug/Alcohol – CDL 53 RESOLUTION NO. 206-14 ---PAGE BREAK--- 1 PREAMBLE Entered into by and between Civil Service Employees Association, Inc. Local 1000, AFSCME, AFL-CIO, the recognized Union, by the Cortland County Unit 6550, Cortland County Local 812, hereinafter referred to as the "CSEA" and the County of Cortland, hereinafter referred to as the "County" in the manner following: In consideration of the mutual covenants contained herein, the parties hereto 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 regular part- time position scheduled to work at least one-half (1/2) the normal workweek in a title reflected in the Appendix B of this Agreement. All seasonal, casual, or other irregularly scheduled employees and temporary positions with a term of less than one year 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. All officers and employees who are listed in Appendix A of the Agreement 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 for conduct of 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. The County will meet with the Union prior to any formal decision by the County to assign work that has been performed by bargaining unit members to persons other than the County’s own employees. A copy of the Request for Proposal affecting bargaining unit work shall be provided to the Union upon its release. The County will negotiate the subsequent impact of any formal decision to sub- contract work. RESOLUTION NO. 206-14 ---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. Any item that is outside the realm of business of the Union shall be approved by the Personnel Officer prior to posting. SECTION 2. The Unit President and Stewards shall have access to accrual records of employees within their jurisdiction with the written or personal approval of the employee. SECTION 3. The Executive Board of the Cortland County Unit 6550 of the Civil Service Employees Association shall be permitted to allocate 105 hours per year with pay (for 35-hour per week employees) and 120 hours per year with pay (for 40-hour per week employees) among the employee members to attend official meetings of the Civil Service Employees Association. When possible, the Department Heads 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 to 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. RESOLUTION NO. 206-14 ---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 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 has to be made, the County shall not be responsible for collecting the dues or program fees. 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 4 ARTICLE 5 WORKDAY/WORKWEEK SECTION 1. Workday/Workweek A. Forty (40) Hour Per Week Employees Employees, except clerical, in the Highway, Probation, and Buildings and Grounds Departments shall work forty (40) hours per week. B. Thirty-five (35) Hour Per Week Employees All employees not identified in Section 1A of Article 5 shall work thirty-five (35) hours per week. C. Regular Workday The regular workday may be scheduled between the hours of 7:00 a.m. and 6:00 p.m. unless, at the time of the signing of this contract, an employee is working in a position that is assigned different hours. D. Early Call Outs In the event of an early call out (excluding employees who are on-call), the workday shall commence at the time of the call out and shall not exceed the number of work hours in a regular workday unless authorized by the Department Head or his/her representative. E. Regular Work Schedule 1. All present employees (excluding the Highway night crew) shall be assigned a regular work schedule consisting of five consecutive days, Monday through Friday, unless a different schedule is agreed to, in writing, by the County and the employee. 2. Except in cases of emergency or unusual circumstances, should it be necessary to establish a new work schedule departing from the regular work schedule, the County shall give at least 14 calendar days' notice to the employee and CSEA. This previous notice requirement does not include the need for scheduling overtime. 3. Except in cases of emergency, unusual circumstances, or scheduling overtime, in order to maximize operational needs of the County should it be necessary to realign the work schedule of a unit, worksite, or department which departs from the regular work schedule, the County shall give at least 14 calendar days' notice. Notification shall be in writing with a copy to the CSEA Unit President. Moves may be made in less time if mutually agreeable between the employee(s) and the Department Head. a. All realignments require the approval of the appropriate Department Head, Personnel Officer, County Administrator, and Chairman of the Legislature. b. All changes including shifts, pass days, start times, shift assignments, and schedules shall be initially approached through discussion between the affected employees and management. To the extent possible in meeting the RESOLUTION NO. 206-14 ---PAGE BREAK--- 5 operational needs of the County, these suggestions will be considered in development of the realigned staffing schedule. c. Prior to finalizing the realigned schedule, discussions will occur between the County and CSEA to address any concerns regarding the realignment. To the extent possible in meeting the operational needs of the County, these discussions will be considered in development of the final realigned staffing schedule. 4. Upon mutual agreement between the employee and the Department Head or his/her designee, bargaining unit members may work a flexible schedule on a day to day basis. This must occur during the same pay period for thirty-five hour employees and in the same work week for forty hour employees to avoid creating overtime. A permanent flexible work schedule may not be created except as may be outlined above and may not be required to avoid the payment of extra time or overtime. This section may not be applicable to all bargaining unit members and is not grievable or arbitrable. (This section shall sunset at the close of business December 31, 2015 unless extended by mutual agreement of the parties.) SECTION 2. Workweek The workweek for all employees shall start at 12:01 a.m. Monday and end at 12:00 midnight Sunday. SECTION 3. Meal Periods All employees shall be granted a non-paid meal period during a workday that exceeds five continuous hours. The meal period shall not be less than thirty (30) nor more than sixty (60) minutes and shall be established with the work schedule. When possible, the meal period shall be scheduled at the middle of each workday. A. Meal periods shall not be used to adjust the regularly scheduled workday start and stop times. B. Unused meal periods shall be forfeited, except that for employees who, because of job related legal proceedings or job related medical emergencies are not allowed meal periods, shall accrue compensatory time in accordance with Article 23. C. Employees scheduled for a meal period between the hours of 11:00 a.m. - 2:00 p.m. may make periodic requests from their Department Head, or designee, to flex a specific day’s meal period for a specific need between 11:00 a.m. – 2:00 p.m. medical appointment, school appointment). D. Requests need to be submitted as far in advance as possible and must have prior approval of the Department Head/designee. E. For those employees scheduled for a meal period other than between 11:00 a.m. – 2:00 p.m., requests to flex their lunch period will be reviewed on a case-by-case basis by the Department Head, County Administrator, and the Personnel Officer. F. The County may periodically alter the lunch period between 11:00 a.m. – 2:00 p.m. to meet a specific training need. Prior notification will be provided as far in advance as RESOLUTION NO. 206-14 ---PAGE BREAK--- 6 possible, but does not need to meet the 14 day requirement, as outlined in Article 5 Workday/Workweek Section 1. G. If travel time to and/or from training does not allow for a full meal period to be taken in Cortland County between the hours of 11:00 a.m. – 2:00 p.m., the employee will be eligible for meal reimbursement at the appropriate rates with submission of a meal receipt. H. Travel time to and/or from training cannot be considered part of meal period, as it is compensable work time. SECTION 4. Rest Periods All full-time employees shall receive two fifteen (15) minute rest periods per workday. Rest periods are intended to be taken at mid-point of the hours worked prior to and after the meal period. Part-time employees must be scheduled to work a minimum of four consecutive hours to receive a fifteen (15) minute rest period. Rest periods shall not be used to extend meal periods or to adjust the regularly scheduled workday start and stop times. Unused rest periods shall be forfeited. SECTION 5. On-Call Pay An employee, as designated by the Department Head, who is on-call is one who carries a County-issued cellular phone or pager for on-call purposes. When an employee is scheduled for on-call, she/he will provide appropriate and necessary services, as defined by the Department Head. There will be a joint labor/management committee to deal with the subject of the on-call assignment procedure for each affected department. The committee shall consist of the Unit President and designee, the Department Head or designee, and the Personnel Officer. Assignment of on-call duties shall not be made as a punitive measure. Extra help may be called in to work in accordance with department policy to provide coverage. Any supervisor on-call shall participate in coverage him/herself in emergency situations. Such participation shall not be limited to covering telephones but shall extend to all required duties. The designated on-call worker/supervisor shall be paid at the following rates: A. $49.00 Each weeknight Monday through Friday B. $64.00 For each 24 hour period falling on a weekend or County- observed holiday C. Weeknight periods shall begin at 4:30 p.m. each weeknight and shall end at 8:30 a.m. the following weekday. D. Weekend twenty-four (24) hour periods begin at 8:30 a.m. Saturday and/or 8:30 a.m. on Sunday and end at 8:30 a.m. on Monday. E. Holiday twenty-four (24) hour periods begin at 8:30 a.m. on the County-observed holiday and end at 8:30 a.m. on the following day. RESOLUTION NO. 206-14 ---PAGE BREAK--- 7 F. In addition, each employee on-call shall receive compensation, pursuant to Article 23 of the contractual Agreement, for time spent on telephone calls, processing case records, and time spent away from the employee's residence. G. On-call employees shall be provided with a County-issued cellular phone or pager for use during the on-call period. SECTION 6. Callback Pay An employee who is not on-call, per Article 5, Section 5, and who is required to return to work after having left work shall receive a minimum of four hours pay, unless the time extends his/her regular workday. An employee shall not be paid more than four hours of return pay for the same work or repair in any twenty-four hour period, unless the employee actually works more than four hours. 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 B. Grievance any alleged violation of 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 10. C. Supervisor the employee's immediate supervisor D. Department Head the person ultimately responsible for the management of the individual department E. County Chairman the person elected as the Chairman of the Cortland County Legislature F. Designee the person appointed by the Department Head or County to act on his/her behalf in matters pertaining to this Agreement G. CSEA the Civil Service Employees Association, Inc. Local 1000, AFSCME, AFL-CIO, the recognized Union, by the Cortland County Unit 6550, Cortland County Local 812 H. Representative any person authorized by the CSEA to represent the grievant in procedures hereunder RESOLUTION NO. 206-14 ---PAGE BREAK--- 8 I. Day one full working day in which the employee worked, or was scheduled to have worked, after the day the grievance was filed. SECTION 3. Copies of the grievance and all replies for grievances at Level I and/or Level II shall be sent by the Department Head to the grievant, the Personnel Officer, and the CSEA Unit President. SECTION 4. Class Action Grievance Any class action grievance impacting more than one Department Head, filed by the CSEA Unit President, shall be filed directly with the Chairman at Level III. SECTION 5. 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 discuss the grievance with his/her supervisor in an attempt to resolve the grievance. B. If the discussion with the supervisor 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 Department Head in which the grievance arises, Level I may be bypassed and the grievance submitted directly to Level II. SECTION 6. Procedure for Level II A. Within ten (10) working days of the Level I discussion, the grievant may submit his/her grievance, in writing, to the Department Head. B. Within ten (10) working days of the receipt of the written grievance, the Department Head may convene a meeting with the grievant, the grievant’s CSEA representative, and any other persons deemed appropriate by the Department Head for the purpose of resolving the grievance. C. If the grievance is resolved at the meeting, the Department Head will provide a copy of the resolution, in writing, to the grievant, the Personnel Officer, and the CSEA Unit President. D. If the grievance is not resolved at the meeting, within five working days, the Department Head shall deliver, in writing, his/her decision on the grievance to the grievant, the Personnel Officer, and the CSEA Unit President. E. If a meeting is not convened, the Department Head shall, within fifteen (15) working days of receipt of the written grievance, render a decision, in writing, to the grievant, the Personnel Officer, and the CSEA Unit President. F. If the written decision does not result in a satisfactory resolution, the grievant, at his/her option, may proceed to Level III. RESOLUTION NO. 206-14 ---PAGE BREAK--- 9 SECTION 7. Procedure for Level III A. Within five working days of receipt of the decision at Level II, the grievant may submit to the County Chairman the grievance, in writing, accompanied by copies of all prior documentation and correspondence. The Chairman, or his/her designee, may schedule a meeting within ten (10) working days of receipt of the written grievance with the grievant, the grievant’s CSEA representative, and any other person deemed appropriate by the Chairman. The purpose of the meeting is to resolve 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, the Department Head, 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 Department Head, and the Personnel Officer. D. If the decision is not satisfactory to the grievant and/or CSEA, they may proceed to Level IV. SECTION 8. Procedure for Level IV A. Within ten (10) working days after the reply and decision of the Chairman, 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 the American Arbitration Association and shall be mutually agreed upon pursuant to said Association’s 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, 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 9. Resolutions or settlements at Levels I, II, and III shall be in writing and signed by both parties. SECTION 10. 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 10 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 procedures specified in Sections 75, 76, and 77 of the New York State Civil Service Law. SECTION 2. Employees within the non-competitive and labor classes of the County shall receive, after one year of full-time consecutive service, or its part-time equivalent, access to this provision. SECTION 3. Disciplinary action shall include, but not be limited to, written reprimands, suspension, demotion, discharge, fines, or any combination thereof or other such penalties as may be imposed by the County. SECTION 4. A notice of such discipline shall be made, in writing, and served upon the employee prior to or at the time of imposition of penalty with a copy to the CSEA Unit President and Personnel Officer. The specific acts for which discipline is being imposed and the penalty shall be specified in the notice. SECTION 5. If the employee disagrees with the disciplinary action imposed, the employee and/or the CSEA may submit a grievance at the Level II of the Grievance Procedure as specified in Article 6 of this Agreement. SECTION 6. 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 the CSEA and the matter will be settled in its entirety. SECTION 7. Subject to a written agreement between the CSEA and the Personnel Officer, the time limit herein specified may be extended. SECTION 8. If an employee elects to do so, she/he shall have the right to be represented by a CSEA representative in disciplinary matters. Nothing contained herein shall be construed as limiting the right of an employee to informally resolve the disciplinary matter by settlement with the Department Head. The employee may waive his/her rights to the procedure as outlined herein. Any settlement agreed upon between the parties shall be in 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 9. 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; however, such time limitation shall not apply where the act(s) would, if proven in a court of appropriate jurisdiction, constitute a crime. RESOLUTION NO. 206-14 ---PAGE BREAK--- 11 ARTICLE 8 HOLIDAYS SECTION 1. All bargaining unit employees shall be paid for the following holidays in accordance with this Article: Holiday Day observed by County in 2015 Day observed by County in 2016 Day observed by County in 2017 Day observed by County in 2018 New Year's Day Thurs, Jan 1 Fri, Jan 1 Mon, Jan 2 Mon, Jan 1 Martin Luther King's Birthday Mon, Jan 19 Mon, Jan 18 Mon, Jan 16 Mon, Jan 15 President's Day Mon, Feb 16 Mon, Feb 15 Mon, Feb 20 Mon, Feb 19 Memorial Day Mon, May 25 Mon, May 30 Mon, May 29 Mon, May 28 Independence Day Fri, July 3 Mon, July 4 Tues, July 4 Wed, July 4 Labor Day Mon, Sept 7 Mon, Sept 5 Mon, Sept 4 Mon, Sept 3 Columbus Day Mon, Oct 12 Mon, Oct 10 Mon, Oct 9 Mon, Oct 8 Veteran's Day Wed, Nov 11 Fri, Nov 11 Fri, Nov 10 Mon, Nov 12 Thanksgiving Day Thurs, Nov 26 Thurs, Nov 24 Thurs, Nov 23 Thurs, Nov 22 Friday after Thanksgiving Fri, Nov 27 Fri, Nov 25 Fri, Nov 24 Fri, Nov 23 December 24 Thurs, Dec 24 Fri, Dec 23 Fri, Dec 22 Mon, Dec 24 Christmas Day Fri., Dec 25 Mon, Dec 26 Mon, Dec 25 Tues, Dec 25 One Floating Holiday in addition to the above if hired prior to July 1 in the year in which the employee is hired. SECTION 2. Holidays that fall on Saturday or Sunday shall be observed as in Section 1 above. SECTION 3. Employees who are regularly scheduled to work on the observed holidays, as outlined in Section 1 above, shall receive the day off with pay computed at their regular straight- time hourly rate for the number of hours for which they are regularly scheduled to work up to a maximum of either seven hours [for a 35-hour per week employee] or eight hours [for a 40- hour per week employee]. Fulltime employees whose regular workday exceeds the maximum on the observed day of the holiday shall be compensated for all regular scheduled hours at their straight time hourly rate. The regular work schedule shall not be adjusted to avoid payment of holiday pay. SECTION 4. Employees whose regularly scheduled day off occurs on the observed holiday, as outlined in Section 1 above, shall receive seven hours [for a 35-hour per week employee] or eight hours [for a 40-hour per week employee] of holiday time off to be taken within thirty (30) days before or thirty (30) days after the actual holiday. If an employee takes the holiday time off RESOLUTION NO. 206-14 ---PAGE BREAK--- 12 prior to the observed holiday and is then separated from County service, payment for the holiday pay will be deducted from the employee’s final paycheck. SECTION 5. A. An employee (except an employee who is on-call) who is required to work on any County-observed holiday, except the floating holiday, shall be paid time and one-half, or if she/he chooses, shall earn compensatory time for all hours worked plus the holiday pay computed at their regular straight-time hourly rate for the number of hours for which they are regularly scheduled to work up to a maximum of either seven hours [for a 35 hour per week employee] or eight hours [for a 40-hour per week employee]. Fulltime employees whose regular workday exceeds the maximum on the observed day of the holiday shall be compensated for all regular scheduled hours at their straight time hourly rate. No one shall be paid holiday pay twice for the same holiday. B. Employees who are on-call on the County-observed holiday will be paid the straight time holiday pay computed at their regular straight-time hourly rate for the number of hours for which they are regularly scheduled to work up to a maximum of either seven hours [for a 35-hour per week employee] or eight hours [for a 40-hour per week employee], in addition to on-call pay as outlined in Article 5, Section 5.B. SECTION 6. Any employee required to work on his/her floating holiday shall be allowed to reschedule the floating holiday. SECTION 7. For an employee to be paid for a holiday, the employee must work his/her regularly scheduled work hours on the workday prior to and on the workday following the holiday. The use of paid benefit time, other than sick time, for which prior approval has been given shall be exempt from Article 8, Section 7. If an employee is leaving for or returning from an approved unpaid leave of absence the workday prior to or the workday following the holiday, the employee will be paid for the holiday. SECTION 8. If an employee is absent from work due to illness on either the last regularly scheduled workday prior to the holiday or the first regularly scheduled workday following the holiday, he/she shall forfeit being paid for the holiday unless the absence is verified by a medical provider's statement, if requested by the Department Head. If an employee is absent from work due to illness on both the last regularly scheduled workday prior to the holiday and the first regularly scheduled workday following the holiday, she/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 7. SECTION 9. Employees covered by this Agreement who are less than full-time shall receive a pro-rated value of the full-time equivalent of the scheduled full-time hours. RESOLUTION NO. 206-14 ---PAGE BREAK--- 13 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 County shall grant vacations to its 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 1.1667 14 6 years 1.25 15 7 years 1.3333 16 8 years 1.4167 17 9 years 1.5 18 10 years 1.5833 19 11 years 1.6667 20 15 years 1.75 21 18 years 1.8333 22 21 years 2 24 25 or more years 2.0833 25 For the first January 1 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. A new employee must start on or before the 15th of the month to earn vacation time for that month. Employees shall not accrue vacation leave for any period during which they are off the payroll for more than half of the working days per month. SECTION 2. Maximum Vacation Accumulation The maximum vacation time that can be accumulated by each employee at one point in time is 350 hours [for a 35-hour per week employee] or 400 hours [for a 40-hour per week employee]. 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, unless the Department Head has refused vacation usage. RESOLUTION NO. 206-14 ---PAGE BREAK--- 14 SECTION 3. Vacation Eligibility Requirements Employees shall accrue vacation beginning the day of hire; however, they shall not be eligible to use vacation accruals until after six consecutive months of employment with the County. 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 and their respective Department, each employee wishing to schedule vacation should request 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 the next Section, actually request their vacations as many months in advance as possible, but no more than 12 months in advance. Requests for vacation shall be granted upon approval of the Department Head, unless it is determined that such absence would adversely affect and interfere with the orderly performance and continuity of municipal service. Vacation requests shall not arbitrarily or unreasonably be 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 municipal 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 following procedure will be used in the County: - vacation requests shall be submitted to the Department Head, in writing, and will be processed on a first-received, first-granted basis; - in the event requests are received by the Department Head at the same time for the same vacation period, departmental seniority will be the determining factor. SECTION 7. Vacation Cancellation Except in the case of an emergency, as determined by the Department Head, the County Administrator, and Chairman of the Legislature, no approved vacation shall be cancelled by the County. An employee who is not able to take vacation because he/she is required by the County to work his/her vacation shall have the option of taking vacation at another time or to be compensated with equal pay. SECTION 8. Vacation Call Back Except in the case of an emergency, as determined by 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 separated from the service of the County, except those who are discharged for cause, shall receive RESOLUTION NO. 206-14 ---PAGE BREAK--- 15 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 County; B. in the case of resignation or retirement, the employee gives ten (10) working days written notice to the Personnel Officer and the Department Head; 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 30; or is required to be absent from work for any other unforeseen reason that, at the discretion of the 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 Personnel Officer, in consultation with the Department Head, 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 termination date. Accrued vacation pay for an employee who deceased while in service will be paid in the pay period immediately following the notification of death. SECTION 10. Employees covered by this Agreement who are less than full-time shall receive a pro-rated value of the full-time equivalent of the scheduled full-time hours. SECTION 11. Use of Accrued Vacation to pay Health Insurance Premium A. Effective January 1, 2015, employees may convert accrued vacation days to monies to be used toward payment of their health care premium. Up to 4 days may be converted annually. A minimum of 10 days of accrued vacation must be available at the time of declaration. Individuals will declare in writing the intent to make this conversion during the health care open enrollment period of the prior year. The dollar amount will be applied toward the employee’s health care premium contribution for the next calendar year and spread out equally to each pay period. B. At the time of retirement, bargaining unit members may opt to apply some or all of their accrued vacation towards payment of retiree health insurance premiums. If the retiree should die prior to exhausting all of the accrued vacation, the remainder shall be paid to the retiree’s estate. RESOLUTION NO. 206-14 ---PAGE BREAK--- 16 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 as follows: For employees who are regularly scheduled to work between 50-60% Full Time Equivalent (FTE) the County shall contribute 70% of the premium. For employees who are regularly scheduled to work 60% FTE or more the County shall contribute 80% to the premium. Bargaining unit members shall pay 20% of the premium rate. 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 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 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 17 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 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. SECTION 9. Health Insurance Coverage Upon Retirement Employees shall be eligible to continue health insurance into retirement provided they have met the requirements in A, B, C, D, and E below. A. Completion of a minimum of ten (10) years* service (Employees hired on or after January 1, 2005 will require ten (10) consecutive years) with Cortland County; B. are employed by Cortland County at the time of retirement; C. are enrolled in the health plan at the time of retirement; RESOLUTION NO. 206-14 ---PAGE BREAK--- 18 D. provide the Employer with proof of retirement and otherwise meet the definition of retirement as specified by the NYS Retirement System; and E. be at least 55 years old. The payment of the premium shall be as follows: For employees who retire and were hired prior to January 1, 1990: Employee Share County Share 10% 90% For employees who retire and were hired between January 1, 1990 and December 31, 2005: Employee Share County Share 20% 80% For employees hired on or after January 1, 2006: 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% 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. *Employees hired on or after January 1, 2011 will be required to complete 15 years of service to qualify for health insurance in retirement at a contribution rate of 35/65%. SECTION 10. 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 19 SECTION 11. Health and Wellness Committee It is agreed that the County and CSEA shall continue a joint Health and Wellness Committee that has three members appointed by the Unit President and three members appointed by the County. Each party shall designate a co-chair. The County shall provide $5,000 in funding in each year of the Agreement. Unused money shall be rolled over and added to the next year’s funding with a cap of $10,000. The Health and Wellness Committee shall be charged with identifying healthy living programs that will be funded in part or entirely by the 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 buy back). 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. 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 (1,400 hours for a 35-hour per week employee or 1,600 hours for a 40-hour per week employee) 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 amount of time absent. Sick leave shall accumulate at the rate of seven hours per month for 35-hour employees and eight hours per month for 40-hour employees. 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 20 SECTION 2. Employees hired under this Agreement shall receive seven hours [for a 35-hour per week employee] or eight hours [for a 40-hour per week employee] 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 accrue either an extra seven [for a 35-hour per week employee] or eight [for a 40-hour per week employee] 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. When continuous sick leave is more than three days, the Department Head may require a statement from the employee's medical provider certifying that the employee is under the physician’s care and the period of disability. When an employee has used eight equivalent full days of paid sick/family sick leave in a calendar year the Personnel Office shall review usage to determine eligibility for Family Medical Leave Act application. When an employee has used in excess of twelve (12) equivalent full days of paid sick/family sick leave in a calendar year which are not verified by a medical provider’s statement, the Department Head shall require a statement from the medical provider’s office or a statement from the family member’s medical provider’s office during the remainder of the calendar year and the employee will not be allowed to return to work without a doctor’s note. Leave accruals will be utilized for all absences. SECTION 6. Employees are required to call in to their designated Department phone number, prior of the start of their regularly scheduled work shift when utilizing sick leave, if no prior notification has been given. SECTION 7. 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 Department Head. SECTION 8. Unless an employee is returning to work without work restrictions – approval to return to work must be granted by the County Administrator, Department Head, and Personnel Officer. SECTION 9. Employees covered by this Agreement who are less than full-time shall receive a pro-rated value of the full-time equivalent of the scheduled full-time hours. RESOLUTION NO. 206-14 ---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 (excluding Management), 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 Office 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 by the Personnel Officer shall be final and binding and will not be grievable or arbitrable. SECTION 7. Employees covered by this Agreement who are less than full-time shall receive a pro-rated value of the full-time equivalent of the scheduled full-time hours. ARTICLE 15 FAMILY SICK LEAVE An employee shall be allowed to use up to a maximum of thirty-five (35) hours [for a 35-hour per week employee] or forty (40) hours [for a 40-hour per week employee] 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 step sibling), grandparent, grandchild, parent-in-law, son/daughter-in-law, or other person who is a member of the household. The Department Head may request written documentation from the employee to verify residency of other household members. RESOLUTION NO. 206-14 ---PAGE BREAK--- 22 Employees may use up to an additional thirty (30) days of sick leave for a family 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 twenty-eight (28) hours [for a 35-hour per week employee] or thirty-two (32) hours [for a 40-hour per week employee] 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. SECTION 2. During the first year of hire, personal time shall be prorated as follows: Date of Hire Time Earned (40 Hours/Week) Time Earned (35 Hours/Week) 1/01 - 2/14 32 hours 28 hours 2/15 - 3/31 28 hours 24.5 hours 4/01 - 5/14 24 hours 21 hours 5/15 - 6/30 20 hours 17.5 hours 7/01 - 8/14 16 hours 14 hours 8/15 - 9/30 12 hours 10.5 hours 10/01 - 11/14 8 hours 7 hours 11/15 - 12/31 4 hours 3.5 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 (40 Hours/Week) Total Time Allowed to be Used (35 Hours/Week) 1/01 - 2/14 4 hours 3.5 hours 2/15 - 3/31 8 hours 7 hours 4/01 - 5/14 12 hours 10.5 hours 5/15 - 6/30 16 hours 14 hours 7/01 - 8/14 20 hours 17.5 hours 8/15 - 9/30 24 hours 21 hours 10/01 - 11/14 28 hours 24.5 hours 11/15 - 12/31 32 hours 28 hours 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 23 SECTION 4. Personal leave may be used on the day prior to or following a holiday or vacation provided that the use of the personal time has been pre-approved by the Department Head, or his/her designee, or in case of emergency. 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 It is understood that excessive absenteeism, excessive tardiness, excessive early departure, abuse, and/or false representation of sick leave constitutes just cause for discipline subject to the terms of Article 7 Discipline and Discharge and it is the intent of the County to take corrective action. ARTICLE 18 BEREAVEMENT LEAVE SECTION 1. In the event of the death of an employee's parent (including stepparents and foster parents), spouse, child (including stepchild and foster child), sibling (including step sibling), grandparent, grandchild, parent-in-law, or other person who is a member of the household (the Department Head may request written documentation from the employee to verify residency of other household members), the employee shall be excused from work, if the employee was 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. 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 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. 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 utilizing accrued personal leave, vacation leave, floating holiday, or comp time. SECTION 3. Employees covered by this Agreement who are less than full-time shall receive a pro-rated value of the full-time equivalent of the scheduled full-time hours. RESOLUTION NO. 206-14 ---PAGE BREAK--- 24 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 Department Head. 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 Department Head, 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, compensatory, 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 prescribed in Article 10 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 Department Head. 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 such leave commenced. RESOLUTION NO. 206-14 ---PAGE BREAK--- 25 ARTICLE 20 WAGES SECTION 1. Wages A. A six step increment system (equal to a 4% increase between two year steps) shall be continued. On January 1, 2013, a new step 7 was added that is two percent higher than step 6. B. Compensation shall be applied to salaries and corresponding hourly rates as follows: • January 1, 2015 – Salary Increase based on CPI-W Northeast Region October report with 1% Floor and 1.5% ceiling • January 1, 2016 - Salary Increase based on CPI-W Northeast Region October report with 1% Floor and 1.5% ceiling • January 1, 2017 - Salary Increase based on CPI-W Northeast Region October report with 1% Floor and 1.5% ceiling • January 1, 2018 - Salary Increase based on CPI-W Northeast Region October report with 1% Floor and 2.0% ceiling SECTION 2. Employees not at the job rate of the grade shall move to the next step upon the completion of 2, 4, 6, 8, 10, and 12 years in the title upon their anniversary in that position. No employee may exceed the job rate of the grade. SECTION 3. Employees shall begin employment at the Step 1 for the grade unless the Personnel Committee determines that the need for the services or the employee’s experience require that compensation be fixed at a higher Step. SECTION 4. Promotions A. A promotion means movement to a higher salary grade position. B. An employee who is promoted shall be placed at the minimum of the new grade unless the current hourly rate is above the minimum, in which case, they will be placed in the Step immediately above their current hourly rate. 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 placed in the new grade at the step that includes the previous service in the previous title and the title from which the employee is being demoted. RESOLUTION NO. 206-14 ---PAGE BREAK--- 26 SECTION 6. Employees shall be paid on a bi-weekly basis on Fridays, unless prohibited by a holiday or an emergency. ARTICLE 21 LONGEVITY All County employees shall be entitled to receive an annual non-cumulative longevity payment in accordance with the schedule listed in this Article. County employees in positions listed in Appendix B of this Agreement shall be entitled to receive a longevity payment when they have completed at least fifteen (15) years of continuous County employment. Longevity payments shall commence in the year in which the employee becomes eligible. Employees who move from less than half-time to half-time or more will receive service credit for longevity purposes from the initial part-time date of hire as long as the service is continuous. Longevity payments will be prorated. If an employee has been on full pay status for less than one- half the working days of the calendar month, longevity will not be credited for that calendar month. Only regularly scheduled employees who are on the County payroll at the time of the longevity payment will be entitled to the longevity benefit. Employees who retire prior to the longevity payment will receive a prorated amount at the time of retirement based on his/her date of retirement. Longevity payments shall be made according to the schedule below. Annual Years of Service Amount At least 15 but less than 20 $1,500 At least 20 but less than 25 $2,000 At least 25 but less than 30 $2,500 At least 30 but less than 35 $3,000 At least 35 but less than 40 $3,500 Longevity payments shall be made by the County in one lump sum payment in a separate paycheck to the employee in the payroll period after the employee’s anniversary date. Employees covered by this Agreement who are less than full-time shall receive a pro-rated value of the full-time equivalent of the scheduled full-time hours. ARTICLE 22 SHIFT DIFFERENTIAL Effective at the time of the signing of this Agreement, an employee who works between the hours of 6 p.m. and 7 a.m. will receive an additional $.60 per hour for those hours. This shift differential will be added to the employee's regular compensation rate. RESOLUTION NO. 206-14 ---PAGE BREAK--- 27 ARTICLE 23 OVERTIME No time shall be worked in excess of the regular work schedule unless specifically directed or authorized by the Department Head or his/her designated representative. In order to pay for overtime in the form of compensatory time, the employee must designate compensatory time prior to the overtime being worked. Any such time worked in excess of the regular work schedule shall be compensated for in the following manner: A. For overtime hours worked in excess of thirty-five (35) hours per week, but less than forty (40) hours per week, employees shall receive either: 1. compensatory time off on an hour-for-hour basis or 2. paid straight time. B. For overtime worked in excess of forty (40) hours per week, employees shall receive either: 1. compensatory time at the rate of one-and-one-half (1½) times the time worked or 2. paid overtime at one-and-one-half (1 ½) times his/her regular hourly rate Approval of paid time or compensatory time, when budgetary concerns dictate, will be upon mutual agreement of an employee and his/her Department Head. C. Compensatory time may be accumulated as follows: 1. For a thirty-five (35) hour regular workweek, a maximum of thirty-five (35) hours may be accumulated on leave accruals at one time; 2. For a forty (40) hour regular workweek, a maximum of forty (40) hours may be accumulated on leave accruals at one time. D. Once the maximum accumulation of compensatory time is attained, overtime shall be paid in accordance with A2 or B2 of Article 23. Once the accumulated total is less than the maximum allowed, further compensatory time may be accrued up to the maximum accumulation allowed. E. Employees may request use of compensatory time in the same manner as other leaves. If use is denied, the employee shall have the option to be paid for the requested time in the next payroll period. F. Unused compensatory time shall be paid at the time of permanent separation at the employee’s regular hourly rate. G. An employee who transfers to another department shall be paid out for his/her unused compensatory time. H. Compensation shall not be paid (or compensatory time earned) more than once for the same hours under any provision of this Contract. RESOLUTION NO. 206-14 ---PAGE BREAK--- 28 ARTICLE 24 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. ARTICLE 25 REIMBURSEMENTS SECTION 1. Employees covered by this Agreement in the Buildings and Grounds, Area Agency on Aging, and Highway Departments who are currently issued work clothing shall continue to be provided by the County with clean and presentable work clothing to be laundered and provided through a uniform rental service. Any clothing issued by the County will be worn by the employee to whom it is issued and shall be returned to the County upon leaving County service. Failure to return items shall result in deduction from final paycheck. The County reserves the right to determine the manner in which this work clothing is to be provided, to select the uniform rental service, and to select the style and color of the work clothing. Clothing items shall be replaced when unserviceable. Unless otherwise mutually agreed, this work clothing shall consist of the following: Building and Grounds Department A. Work pants B. Work shirts C. Name patches D. County patches E. Coveralls F. Winter Work Wear (Building Maintenance Foreperson/Mechanic/Workers and HVAC) Landfill Employees (Except support staff) and Highway Garage Mechanics A. Work pants B. Work shirts C. Name patches D. County patches E. Coveralls F. Winter Work Wear Highway Department (Except Clerical, Engineering, and Highway Garage Mechanics) With receipt of purchase, employees of the Highway Department shall receive an annual reimbursement of up to $150.00 (inclusive of safety shoe reimbursement defined in Article 25, Section 4) for safety shoes and/or clothing (outerwear only) appropriate for the work performed. Effective January 1, 2015, the County shall also provide Winter Outer Work Wear and replace unserviceable Winter Outer Work Wear items as needed as determined by the Department Head. RESOLUTION NO. 206-14 ---PAGE BREAK--- 29 Landfill, Highway Clerical employees, Engineering, and Highway Garage Mechanics shall only be allowed $110 for safety shoe allowance annually. Area Agency on Aging A. Shirts (Kitchen Staff) B. Chef’s pants and shirts (Cook and Senior Cook) SECTION 2. New employees hired in positions required to wear County-issued work clothing shall be provided the appropriate work clothing in accordance with Article 25, Section 1. SECTION 3. There will be a joint labor/management committee to deal with the mandatory subjects of clothing for each affected department. The committee shall consist of the CSEA Unit President or designee, the Department Head or designee, one employee from the affected department, and the Personnel Officer or designee. SECTION 4. The reimbursement rate for safety shoes (if required by the County or statute) shall be $110 per year for each year of the contract. A receipt or proof of purchase is required for reimbursement. SECTION 5. The reimbursement rate for prescription safety glasses (if required by the County or statute) shall be $150 per year for each year of the contract. A receipt or proof of purchase is required for reimbursement. SECTION 6. Employees shall be reimbursed 50% of the renewal cost for licenses and certifications required to perform their positions. Required CDL holders shall receive 50% of all costs of renewal after deducting the cost of a regular driver’s license. For those CDL holders that are also required to have the hazmat endorsement - three MEO’s, three HEO’s and one Sign Technician - the County will reimburse the employee one hundred percent (100%) of the total cost of obtaining the endorsement, inclusive of fingerprinting and background check costs. The County will pay for the DOT physical every two years at a provider that is determined by the County. All new highway employees will be required to obtain the hazmat endorsement and pass the DOT physical. Current employees may be allowed to drop the hazmat endorsement as new employees obtain the hazmat endorsement as long as the minimum is continued. Current Weigh scale Operator License and Vehicle Inspection License holders shall be reimbursed at 100%. Employees hired on or after January 1, 2011 who require weigh scale operator license or vehicle inspection license shall be reimbursed at 50%. SECTION 7. Employees authorized to obtain a notary license shall be reimbursed the NYS cost of the license. The County shall waive the County portion of the notary license. RESOLUTION NO. 206-14 ---PAGE BREAK--- 30 ARTICLE 26 OUT OF TITLE WORK SECTION 1. The County and CSEA agree that any employee assigned by the Department Head or his/her authorized representative 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 Department Head or his/her authorized 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. 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 27 MEAL ALLOWANCE The following meal allowances will be paid only in the event of a call-out of an employee. SECTION 1. An employee who is called out and who starts work at least one hour prior to the beginning of the regular shift start time shall receive the actual cost up to $5.00 to cover the cost of a meal. SECTION 2. An employee who is called out and who works 12 or more consecutive hours shall receive the actual cost up to $8.50 to cover the cost of a meal. If an employee qualifies for reimbursement under Section 1 of Article 27, this payment shall be in addition to the payment made under Section 1 of Article 27. SECTION 3. Proper receipts containing the name of the establishment, date of service and name of employee (printed and signature) must be submitted to receive the reimbursement. The maximum amount to be reimbursed in any single calendar day will be $13.50. Reimbursement will be made in separate checks on a quarterly basis. ARTICLE 28 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 31 B. The mileage reimbursement rate in accordance with Article 33 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 a 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 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 28, 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 28, 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 28, 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 28, Section 2.A., when supported by the proper receipt. RESOLUTION NO. 206-14 ---PAGE BREAK--- 32 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 29 EDUCATIONAL BENEFITS SECTION 1. 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. Employees seeking an advanced degree (Masters/PhD) shall be reimbursed at the SUNY Masters Degree rate. 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 the employee’s Department Head and the appropriate Legislative Committee Chairman. SECTION 2. 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. 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. SECTION 3. Employees taking job-advancement course(s) must file the application for such course(s), approved by the Department Head, with the Personnel Department. The Personnel Department will obtain the approval of the Tuition Review Committee 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. Said limit will not be less than ten (10) courses per semester. If more employees apply for job-advancement courses than the limit set by the Legislature, the recipients of the benefit will be decided by lot. Employees who are not chosen in the lottery may not appeal according to Article 31, Section 6. SECTION 4. An employee denied the opportunity to attend a certified educational institution for the purpose of taking courses, as defined in Article 29, Section 2 and/or Section 3, at the expense of the County shall be provided a denial in writing from the Department Head or Legislative Committee Chairman. RESOLUTION NO. 206-14 ---PAGE BREAK--- 33 SECTION 5. Upon notification of denial, as set forth in Section 4 of Article 29, 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 the President of 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 Department Head, 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 Department Head. The Committee’s decision shall be final and binding and will not be grievable or arbitrable. SECTION 6. 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 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. ARTICLE 30 JURY DUTY An employee who has been summoned to serve as a trial or grand juror shall provide a copy of such summons to his/her Department Head for notification of absence. It shall be the responsibility of the Department Head 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. An employee who is dismissed for the day or from service within two hours or more remaining in his/her regular scheduled workday, is required to report to work. Employees are entitled to retain mileage and meal allowances paid by the court. RESOLUTION NO. 206-14 ---PAGE BREAK--- 34 ARTICLE 31 SENIORITY In all applications of seniority under this Agreement, an employee’s seniority date shall be the date she/he last began employment with the County, except where otherwise provided by this Agreement or Civil Service Law (e.g. reinstatement, veteran status, etc.). ARTICLE 32 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 for each department for a period of not less than five working days. Said posting(s) shall specify the position title, salary, location, 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 and Labor Class Vacancies in the non-competitive and labor classes shall be filled as follows: A. Notice of each permanent vacancy shall be posted on a designated bulletin board for each department for a period of not less than five working days. Said posting(s) shall specify the position title, salary, location, and required minimum qualifications. Those applications of employees received before the close of business on the fifth (5th) working 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 meeting the minimum qualifications for the job that shall include his/her aptitude and knowledge of the position, past performance, and seniority. C. When the minimum qualifications set forth in Article 32, Section 3B are substantially equal, seniority will prevail. SECTION 4. Copies of all job postings in accordance with Section 1 and Section 3A of Article 32 and competitive class exam announcements shall be provided to the CSEA Unit President at the time of announcement or posting. SECTION 5. Non-competitive and labor class employees may request a voluntary demotion to a current vacancy. All applicants shall meet the minimum qualifications for the position/vacancy. Demotion shall mean a job in a lower salary grade. Sections 3B and 3C of Article 32 will not apply to this section. RESOLUTION NO. 206-14 ---PAGE BREAK--- 35 SECTION 6. Non-competitive and labor 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 or labor 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 or labor class employee from one position to another similar position under the jurisdiction of the same appointing authority. ARTICLE 33 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 33, Section 1A., competitive class employees within a title who were promoted from a non-competitive or labor class position and who had permanent status in the non-competitive or labor class, shall have the right to retreat in accordance with Article 33, Section 2.B. 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. SECTION 2. Layoff or Reduction in Force in the Non-Competitive or Labor Class When layoffs or reductions in force are necessary, employees in a non-competitive or labor class within a department will be laid off and recalled in the manner outlined below. A. Layoffs within each title will be conducted in the following order: 1. seasonal employees first, then 2. temporary employees, then 3. part-time employees, who are less than half-time and are probationary, then 4. part-time employees who are less than half-time, then 5. part-time employees who are at least half-time and are probationary. B. If further layoffs are necessary after employees defined in Article 33, Section 2.A. are laid off, then permanent employees within a job title in a department shall be laid off in accordance with their departmental seniority. The employee involved shall have the right to displace the junior employee within a title in the same or lower labor grade 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 33, Section 2.B. RESOLUTION NO. 206-14 ---PAGE BREAK--- 36 SECTION 3. In any instance where a vacancy in the non-competitive or labor class stands to be filled by either an employee applying for promotion or a former employee laid-off from a similar non-competitive or labor class position within the four years preceding the vacancy, the County and CSEA agree that Article 33, Section 2C shall take precedence over Article 32, Section 3; the effect of which shall bring the laid off employee back to work before promoting a current employee. SECTION 4. 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 have passed 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 have passed probation, shall have their seniority date back-dated by sixty (60) months. ARTICLE 34 MILEAGE Employees required to use personal motor vehicles for official County business shall be reimbursed at the current rate prescribed by the Internal Revenue Service and in conformance with the County Car Policy. ARTICLE 35 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 36 LABOR/MANAGEMENT COMMITTEE SECTION 1. Meetings between the Chairman of the County Legislature, or his/her Legislative designee, the Personnel Officer, a minimum of three representatives of Management, and a minimum of three representatives of CSEA, 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 37 ARTICLE 37 MEDICAL EXAMINATIONS SECTION 1. Should the County 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 County shall designate the time and place of the examination. ARTICLE 38 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 such as 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 38, she/he must do so within ten (10) working days of receipt of notification provided in Article 38, Section 3. ARTICLE 39 WORKERS' COMPENSATION SECTION 1. The County shall provide Workers' Compensation Insurance in compliance with the New York State Workers' Compensation Law. Leave accruals will not be earned while receiving Workers' Compensation Insurance. RESOLUTION NO. 206-14 ---PAGE BREAK--- 38 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 controverted 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 sick 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 40 EMERGENCY CLOSING/INCLEMENT WEATHER SECTION 1. During severe weather or other emergencies it is expected that all departments will continue to maintain normal operations to the degree possible. All employees are required to report to work unless directed or advised otherwise. In the event that an employee’s office/work site is closed to those employees by the Chairman of the Legislature, or his/her designee, or the County Administrator, due to an emergency, severe weather, or other unforeseen reason such as a power outage, an employee shall be held harmless for pay and benefits. A. Employees who are directed or advised not to report to their office/work site or directed to leave work early shall be held harmless for pay and benefits for that day or portion of a day. B. Employees who are unable to report to work because of an Emergency Declaration from a position with authority to issue such declaration shall be held harmless for pay and benefits. C. If an employee does not report to work by his/her own decision during emergency/severe weather, the employee must choose a payment option for missed work time. Sick leave will not be allowed to be utilized unless there is a legitimate illness. D. If an employee reports to work within one-half hour of his/her scheduled start time, and the employee obtains permission from his/her Department Head, or his/her designee, the employee will be permitted to make up for late arrival of less than thirty (30) minutes by shortening his/her meal period and/or break time by a corresponding amount of time. This benefit shall not be unreasonably denied. RESOLUTION NO. 206-14 ---PAGE BREAK--- 39 E. If an employee leaves work early by his/her own decision, with authorization from the employee’s Department Head, or his/her designee, the employee must choose a payment option other than sick leave for missed work time, unless there is a legitimate illness. Within the department’s work requirements/operations, an effort will be made to accommodate requests from employees who desire to leave work early. However, nothing in this provision shall be interpreted as requiring the early release of any one employee or group of employees. F. If an employee was scheduled to be absent from work vacation, sick, family sick, holiday, comp time, personal), the leave accrual(s) will be used to cover the normal scheduled workday. G. Employees designated by the County as critical to solving the problem or emergency and who are required to report to work for such emergency will be paid for their scheduled day during such closure and shall be compensated with comp time equivalent to the time worked after the closing became effective. H. Employees who are designated by the County as collateral to solving the problem or emergency and who are required to report to work, if possible, will receive normal pay as required by this contract. SECTION 2. Only radio and/or television station(s) designated by the County Legislature shall be considered as carrying the official information with regard to Section 1 of this Article. In case of uncertainty, employees are advised to contact the designated phone number for official information or the County website at http://www.cortland-co.org/. SECTION 3. Employees who are on-call will receive benefits under Article 5, Section 5 of this Agreement and not under Section 1-G of Article 40. ARTICLE 41 PERSONAL APPEARANCE OF EMPLOYEES It is important that all County employees project a professional image to the patients, clients, and/or members of the general public with whom they interact. Employees are expected to dress in a manner appropriate to their working environment and to the type of work performed. Employees who are required to wear uniforms and safety equipment are expected to wear them in their entirety. Any employee who does not adhere to this Article may be sent home, using his/her leave accruals. Disputes over appropriate dress may be processed to the Labor Management Committee for resolution. Disciplinary action taken as a result of alleged violations of this Article are subject to Article 8, Discipline. RESOLUTION NO. 206-14 ---PAGE BREAK--- 40 ARTICLE 42 CORTLAND COUNTY DRUG AND ALCOHOL TESTING POLICY SECTION 1. The Reasonable Suspicion Alcohol and Controlled Substance policy contained in Appendix C shall become effective only upon implementation of a drug/alcohol program for all other County employees. SECTION 2. The Cortland County Omnibus Transportation Employee Testing Policy is contained in Appendix D. ARTICLE 43 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, 2018. 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 purposes of re-negotiating the portion(s) of the Agreement that is declared null and void. RESOLUTION NO. 206-14 ---PAGE BREAK--- 41 ARTICLE 44 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 Susan Briggs, Chairman Will Streeter, Labor Relations Specialist Annette Barber, Personnel Officer Colin Cummins, Unit President Laurie Gosse, Deputy Personnel Director Leif Birdsall, Unit Vice-President Maureen Spann, Unit Treasurer Dianna Claflin, Unit Member Amy Hamilton, Unit Member Dated RESOLUTION NO. 206-14 ---PAGE BREAK--- 42 APPENDIX A CORTLAND COUNTY EXCLUDED TITLES Administrative Services Manager (Nursing) Administrative Services Manager Airport Manager All Employees covered by the NYSNA Contract All Employees of the County Sheriff’s Department All Employees of Emergency Response and Communications Assigned Counsel Administrator Assistant Director of Fire Emergency Management Assistant Director of Emergency Response and Communications Assistant County Attorney Assistant Director of Patient Services Assistant District Attorney Assistant Public Defender Assistant Stop DWI Coordinator Audit/Accounts Payable Specialist Budget Officer Clerk of the Legislature Clinical Director of Mental Health Programs Clinic Technician Commissioner of Social Services Commissioner of Elections Conflict Attorney Coordinated Services Director Coroner I Coroner II County Administrator County Attorney County Auditor County Clerk County Historian County Treasurer Deputy Clerk to the County Legislature Deputy Commissioner of Social Services Deputy County Auditor Deputy County Clerk 1 Deputy County Clerk 2 Deputy County Treasurer Deputy Director Information Technology Deputy Personnel Officer RESOLUTION NO. 206-14 ---PAGE BREAK--- 43 Deputy Public Health Director Deputy Superintendent of Highways Director of Administrative Services Director of Administrative Services – Mental Health Director, Area Agency on Aging Director of Hospice Director of Central Services Director of Children with Special Needs Director of Community Mental Health Services Director of Information Technology Director of Emergency Response and Communication Director of Environmental Health Director of Fire and Emergency Management Director of Income Maintenance Director of Jacobus Center Director of Medical Services Director of Motor Vehicles Director of Patient Services Director of Planning Director of Real Property Tax Services Director of Social Services Director of Solid Waste Director of Veterans’ Services Director of Weights and Measures District Attorney Employment and Training Director Election Clerk Executive Secretary Family Support Services Director Fiscal Manager Fiscal Officer - Highway Fiscal Officer - Health Fiscal Officer/Trainee - County Administrator/Treasurer Grant Administrator Groundwater Management Coordinator Highway Engineering Supervisor Highway Maintenance Supervisor Investigator (PT) Legislators RESOLUTION NO. 206-14 ---PAGE BREAK--- 44 Medical Advisor Medical Director Medical Director Mental Health Practitioner Motor Equipment Fleet Supervisor Nutrition Program Director Office Manager Paralegal (County Attorney, Public Defender Payroll Coordinator Payroll Systems Manager Personnel Technician Personnel Technician Trainee Personnel Specialist Personnel Officer Pre-K Coordinator Probation Director II Project Child Coordinator Public Defender Public Health Director Public Health Programs Manager Program Director Continuing Day Treatment Records Management Technician Recreation Supervisor Recycling Coordinator Safety Officer Senior Election Clerk Secretary I (Personnel, Employment and Training) Secretary II Secretary for County Administration Secretary to the County Administrator Secretary for the County Attorney Secretary for the County Legislature Secretary for the District Attorney Secretary for Health Secretary to Social Services Commissioner Social Services Attorney Staff Stop DWI Coordinator Superintendent of Highways Superintendent of Buildings and Grounds Youth Bureau Director RESOLUTION NO. 206-14 ---PAGE BREAK--- 45 APPENDIX B Grade and Title Structure GRADE Title 1 Parts Chaser Recycling Product Sorter Watchperson 2 Cleaner Driver Food Service Helper Laborer Recycling Attendant 3 Custodian 4 Clerk Senior Cleaner 5 Building Maintenance Worker Clinic Aide Community Service Worker Keyboard Specialist Landfill Attendant 6 Index Clerk Senior Clerk 7 Account Clerk Aging Services Worker Case Aide Cook 8 Information Processing Clerk Medical Services Clerk Mental Health Program Aide Motor Vehicle Clerk Public Health Project Assistant Senior Citizen Center Manager Senior Clinic Aide Senior Index Clerk Weigh Scale Operator RESOLUTION NO. 206-14 ---PAGE BREAK--- 46 9 Building Maintenance Mechanic Computer Support Specialist E&T Special Programs Counselor Family Advocate Secretary I Senior Account Clerk Senior Case Aide Senior Cook Social Services Investigator Trainee Social Welfare Examiner Trainee Work Experience Program Supervisor 10 Delinquent Tax Receiver Engineering Technician Landfill Equipment Operator Motor Equipment Operator Sign Technician Social Welfare Examiner Senior Medical Services Clerk Senior Motor Vehicle Clerk Support Investigator Tax Map Technician Volunteer Program Assistant 11 Assistant Real Property Assessor Health Services Facilitator Paralegal Assistant Probation Assistant Social Services Investigator Social Services Program Specialist Real Property Information Specialist 12 Airport Maintenance Worker Community Services Coordinator Employment and Training Specialist Heavy Equipment Operator Highway Construction Mechanic Principal Medical Services Clerk Senior Engineering Technician Senior Social Welfare Examiner 13 Principal Account Clerk Senior Social Services Investigator Welfare Management Systems Specialist 14 Fiscal Officer Trainee Heavy Equipment Maintenance Mechanic Highway Crew Leader Landfill Operations Crew Leader Paralegal Planner Trainee RESOLUTION NO. 206-14 ---PAGE BREAK--- 47 15 Aging Services Specialist Continuing Day Treatment Specialist HVAC System Technician Pastoral Care Coordinator Probation Officer Trainee Public Health Technician 16 Alternatives To Incarceration Officer Health Educator Planner Public Health Educator 17 Aging Services Coordinator Caseworker Computer Programmer Trainee Coordinator Child Support Enforcement Fiscal Officer Mental Health Service Coordinator Network Tech. Nutrition Program Supervisor Probation Officer Social Welfare Manager 18 Building Maintenance Foreperson Public Health Sanitarian Trainee Senior Planner Staff Development Coordinator 19 Accountant Computer Programmer GIS Specialist Trainee Heavy Equipment Maintenance Supervisor Public Health Sanitarian Public Health Social Work Assistant Senior Caseworker Senior Probation Officer 20 Youth Development Services Director 21 Asst. Highway Maintenance Supervisor Case Supervisor Grade B Probation Supervisor 22 Forensic Counselor Mental Health Intensive Case Manager Staff Social Worker Real Property Assessor Supervising Public Health Sanitarian 23 Early Intervention Service Coordinator RESOLUTION NO. 206-14 ---PAGE BREAK--- 48 24 GIS Specialist Computer Programmer Licensed Master Social Worker Occupational Therapist Trainee Public Health Social Worker Senior Engineer 25 Information Systems Administrator Supervising Early Intervention Coordinator 26 Licensed Clinical Social Worker Early Intervention Specialist Occupational Therapist Physical Therapist Principal Engineer 27 Clinical Fellow in Speech Language Pathology 28 Associate Public Health Engineer Speech Language Pathologist 29 Clinical Team Supervisor Dietician RESOLUTION NO. 206-14 ---PAGE BREAK--- 49 APPENDIX C REASONABLE SUSPICION ALCOHOL AND CONTROLLED SUBSTANCE FOR NON-CDL BARGAINING UNIT EMPLOYEES SECTION 1. PURPOSE AND SCOPE OF POLICY A. The purpose of this policy is to maintain a drug and alcohol free workplace and to provide for procedures for conducting screenings of employees for the use of illegal drugs and improper use of prescription drugs and alcohol. Cortland County recognizes that an employee’s on or off the job involvement with drugs and alcohol can have an impact on work productivity and on the ability to provide a work environment free from the effects of substance abuse. While it is inappropriate for the County to intrude into the private lives of its employees, employees are expected and required to be in a condition to safely and effectively perform their duties throughout the workday. B. All testing will be conducted in a manner that will protect the rights of employees and applicants subject to testing. Therefore, Cortland County will take all necessary steps to safeguard the dignity and self-esteem of those being tested and will ensure adherence to all procedures pertaining to the implementation of this Article. Cortland County will adhere strictly to all standards of confidentiality and assure all employees that testing records and results will be released only to those authorized to receive such information. C. Employees with substance abuse problems are encouraged to voluntarily seek help from the Employee Assistance Program. However, employees who fail drug or alcohol tests may be disciplined, up to and including termination. D. Participation in a counseling, treatment, or rehabilitation program for drug and/or alcohol use or abuse will not be grounds for discharge provided the employee voluntarily enters such a program prior to being identified as a drug user/abuser or alcohol abuser by means such as tests, and before the employee becomes suspected under circumstances satisfactory to the County of being a drug user/abuser or alcohol abuser. SECTION 2. REASONABLE SUSPICION A. The manufacture, distribution, dispensation, possession, purchase, or use of alcohol or controlled substances by employees while at the workplace is prohibited and constitutes grounds for disciplinary action. B. Reasonable suspicion exists when a supervisor obtains specific contemporaneous, articulable physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. C. When there is reasonable suspicion that an employee on duty has alcohol or drugs in his or her system, the employee will be tested. If the employee tests positive, the employee may be subject to discipline up to and including termination in accordance with the disciplinary Article of this Agreement; however, before any reasonable suspicion drug test shall be RESOLUTION NO. 206-14 ---PAGE BREAK--- 50 conducted, the factors giving rise to reasonable suspicion shall be reviewed with and approved by the head of the department in which the employee works, the Personnel Director, and the County Administrator. D. A reasonable suspicion test shall be administered no later than eight hours following the determination of reasonable suspicion. If the test is not administered within two hours, the supervisor must document the reason(s) that the test was not properly administered. If the test is not administered within eight hours following the determination of reasonable suspicion or the accident, the supervisor shall cease attempts to administer the test and must document the reason(s) for not administering the test. In the event a test is not administered within the eight hour time frame, the following should occur: 1. No employee shall be allowed to remain on duty until an alcohol test is administered and the employee’s alcohol concentration measures 0.02, or 2. Twenty-four hours have elapsed following the determination of reasonable suspicion. E. A written record shall be made of the observations leading to a reasonable- suspicion drug or alcohol test and signed by the supervisor or departmental designee who made the observations within twenty-four hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. F. If an employee alleges that, because of medical reasons, he or she is unable to provide a sufficient amount of breath to permit a valid breath test, the breath alcohol technician shall instruct the employee a second time to attempt to provide an adequate amount of breath. If the employee continues to allege an inability to provide a sufficient amount of breath for the test, a blood test may be performed upon permission of the employee. The department shall be notified that the employee has refused to be tested if a test is not performed. The employee will be considered to have refused to submit to the alcohol test and will be disciplined pursuant to Paragraph K below unless valid medical documentation is provided to explain the inability to give a sufficient breath sample. G. The medical review officer will review the findings of a drug and/or alcohol test with the employee before a final determination is made that the employee did not pass the test. The purpose of this review is to ensure that the findings of a positive test are not based on factors other than the use of the drug and/or alcohol for which the positive result is found. H. Employees returning to the workforce following completion of a drug and/or alcohol rehabilitation program will be tested on an unannounced and periodic basis for drugs and/or alcohol up to six times during the twelve months following their return to work. A positive follow-up alcohol test will result in further disciplinary action. I. If an employee is convicted of a violation of a criminal drug statute and such violation occurred while the employee was on duty, the employee must notify his or her Department Head of the conviction within five days after such occurrence. (NOTE: This is a requirement of the Drug-Free Workplace Act). Failure to comply with this requirement will result in disciplinary action. RESOLUTION NO. 206-14 ---PAGE BREAK--- 51 J. Employees who are disciplined as a result of a violation of this Article shall be referred to the Employee Assistance Program for evaluation and further counseling or treatment by a substance abuse professional. K. An employee who tests positive for alcohol and/or drugs will receive a Notice of Discipline, a thirty (30) workday suspension without pay and a mandatory referral to a substance abuse professional. The employee shall be evaluated by the substance abuse professional and follow a rehabilitation program prescribed. The employee shall be subject to all other return- to-work provisions as outlined in this Article. Refusal to comply will result in disciplinary action. A second such occurrence of a positive alcohol and/or drug test within five years of the first occurrence will result in a Notice of Discipline to terminate. L. An employee who tests positive for drugs and/or alcohol must submit to a return-to-duty test following a disciplinary suspension. M. An employee who refuses to submit to, or fails to follow through with, a drug or alcohol test when this Article requires testing will be subject to disciplinary action. N. An employee shall inform his or her supervisor if, prior to beginning work, or while he or she is on duty, that he or she has used or intends to use any prescriptions drugs or other substance that might impair his or her ability to satisfactorily perform assigned duties. Employees are responsible for a thorough understanding of the effects and potential side effects of medications or other chemical substances taken. Failure to notify the supervisor under these circumstances may result in disciplinary action up to and including termination. The Personnel Department and the County Administrator will be consulted prior to such discipline being imposed. SECTION 3. SUPERVISORY RESPONSIBILITIES Every supervisor shall: A. Consistently apply this Article to all employees under his or her supervision. A supervisor, who fails to apply this Article when he or she believes, or reasonably should believe, that an employee under his or her supervision has committed a violation, will be subject to discipline in accordance with this Agreement. B. Initiate the process for having an employee drug or alcohol tested if there is reasonable suspicion that an employee under his or her supervision, when such employee is on duty, has an illegal drug or alcohol in his or her system or is using any legal drug in a manner other than it was intended. C. Insure that employees he or she supervises are aware of the requirements and consequences of this Article. D. Follow the procedure established by the Department Head for assuring that an employee who is to be tested for alcohol or other drugs is transported to the designated test site, and that those employees for whom there is reasonable suspicion of abuse or who have had a RESOLUTION NO. 206-14 ---PAGE BREAK--- 52 positive test result are transported home either by personal family/friends or by arranged transportation. E. In addition, the County shall ensure that all persons making a referral for testing receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use annually. Trained personnel will use the training to determine whether reasonable suspicion exists to require an employee to undergo testing. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. SECTION 4. EMPLOYEE RESPONSIBILITIES Every employee shall: A. Comply with all applicable laws regulating the manufacture, distribution, dispensation, use or possession of illegal drugs and/or alcohol. B. Submit immediately to a drug or alcohol test when directed by his or her supervisor. C. Assure that his or her ability to perform his or her job duties is not negatively affected due to use of a drug or alcohol when scheduled to report to work or when on “on-call” status. Should any employee be requested to report to work earlier than his or her normal or previously assigned time, it is the employee’s responsibility to advise his or her supervisor of an inability to perform his or her job duties or that he or she has consumed alcohol within the last eight hours prior to reporting to duty. If the employee had received prior notice that he or she might be called back into work, the employee shall be considered AWOL if he or she is unable to report to duty. An employee may be subject to disciplinary action due to inability to report to duty. D. Notify his or her Department Head, if convicted of a violation of a criminal drug statute and such violation occurred while the employee was on duty, within five days after such conviction, as required by the Drug-Free Workplace Act. SECTION 5. COMPLIANCE WITH LAW A. Information regarding the testing and referral of employees and applicants under this Article will be treated as confidential in accordance with the requirements of New York State law governing the privacy of employee personnel records. B. Searches and seizures are to be conducted in a legal manner. Cortland County reserves the right to conduct searches or inspections of property assigned to an employee whenever a Department Head or his or her designee determines that the search is reasonable under all the circumstances. RESOLUTION NO. 206-14 ---PAGE BREAK--- 53 APPENDIX D Omnibus Transportation Employee Testing Policy This policy is based upon the County's practice and policy prohibiting the use of alcohol and drugs on the job. The County will comply with the Federal Drug Free Workplace Act of 1989, the Omnibus Transportation Employee Testing Act (OTETA), which took effect on January 1, 1996, and US DOT rules which mandate pre-employment, reasonable suspicion, post accident, random, follow-up, and return to duty drug and alcohol testing of employees in various positions requiring the possession of a Commercial Driver's License and defined as safety sensitive. The Cortland County Highway Department will assist employees who have a drug or alcohol dependency to recover from such addiction provided the employee seeks and accepts assistance. However, the department 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. After January 1, 1996, all drivers with a Commercial Driver's License (CDL), performing safety sensitive functions, transporting sixteen (16) or more passengers or operating a motor vehicle requiring a placard, as defined by the Federal Highway Administration, will be subject to drug and alcohol testing. SAFETY SENSITIVE FUNCTION 1. All time at a carrier facility, or other property, waiting to be dispatched, unless the driver has been relieved from duty by employer. 2. All time inspecting equipment, servicing, or conditioning any commercial motor vehicle, at any time. 3. All time spent at the driving controls of a commercial motor vehicle. 4. All time, other than driving time, spent on or in a commercial motor vehicle. 5. All time loading or unloading a commercial motor vehicle, supervising or assisting in loading or unloading a commercial motor vehicle, attending a vehicle being loaded or unloaded, remaining in readiness to operate a vehicle. 6. All time spent performing the driver requirements associated with an accident. 7. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. SUBJECT: Prohibited Alcohol and Controlled Substance-Related Conduct The following alcohol and controlled substance-related activities are prohibited by the Federal Highway Administration's drug use and alcohol misuse rules for drivers of commercial motor vehicles: RESOLUTION NO. 206-14 ---PAGE BREAK--- 54 - Reporting for duty or remaining on duty to perform safety sensitive functions while having an alcohol concentration of 0.04 or greater. - Being on duty or operating a commercial motor vehicle (CMV) while the driver possesses alcohol, unless alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the- counter), unless the packaging seal is unbroken. - Using alcohol while performing safety-sensitive functions. - When required to take a post-accident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first. - Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion or follow-up testing requirements. - Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver uses any controlled substance. Except when instructed by a physician who has advised the driver that the substance does not adversely affect the driver's ability to safety operate a CMV. - Reporting for duty, remaining on duty or performing a safety-sensitive function. If the driver tests positive for controlled substances. SUBJECT: Types of Testing In order to enhance highway transportation safety, Congress passed the Omnibus Transportation Employee Testing Act of 1991. The Act required the Federal Highway Administration to establish regulations requiring drivers of commercial vehicles to be tested for use of controlled substances and the misuse of alcohol. The following are types of tests required to be performed: - Pre-employment Testing - Post-Accident Testing - Random Testing - Reasonable Suspicion Testing - Return-to-Duty Testing - Follow-up Testing RESOLUTION NO. 206-14 ---PAGE BREAK--- 55 SPLIT SAMPLE TESTING Controlled substances tests conducted on or after August 15, 1994 must follow split sample procedures. Under this provision, a driver 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 driver 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. SUBJECT: Pre-employment Alcohol and Controlled Substance Testing Prior to the fist time a driver performs safety-sensitive functions (any of those on-duty functions listed in the Federal Motor Carrier Safety Regulations) for an employer, the driver must submit to testing for alcohol and controlled substances. No employer shall allow a driver to perform a safety-sensitive function unless the result of the breath alcohol test indicates a blood alcohol level of less than 0.04 and has received a controlled substance test result from the medical review officer (MRO) indicating a verified negative result. If the results of the driver's alcohol test indicate a blood alcohol concentration of 0.02 or greater, but less than 0.04, the driver shall not be permitted to perform safety-sensitive functions until the start of the driver's regularly scheduled duty period, but not less than 24 hours following the administration of the test. SUBJECT: Reasonable Suspicion Alcohol and Controlled Substances Testing An employer must require a driver to submit to an alcohol or controlled substance test when the employer has reasonable suspicion to believe the driver has violated the alcohol or controlled substances prohibitions. *Reasonable Suspicion* - Belief that the driver has violated the alcohol and controlled substances prohibitions based on specific, contemporaneous, articulate observations concerning the appearance, behavior, speech, or body odors of the driver. Supervisor Training - The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with the following requirements: A. Employers must ensure persons designated to determine whether reasonable suspicion exists to require a driver to undergo or controlled substances testing receive: at least sixty (60) 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. RESOLUTION NO. 206-14 ---PAGE BREAK--- 56 C. The training shall be a total of one-hundred and twenty (120) minutes. Alcohol - Alcohol testing is authorized only if the observations are made during, just before, or just after the period of the workday the driver is required to be in compliance. 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 Federal Highway Administration believes requiring only one supervisor to make a reasonable suspicion determination responds to the operational realities. 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 drivers. 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 driver's appearance, behavior, speech, or body odor. SUBJECT: Post Accident Alcohol and Controlled Substances Testing As soon as practicable following an accident involving a commercial motor vehicle, each employer shall test for alcohol and controlled substances each surviving driver when either: - the accident involved a fatality; or - the driver receives a citation under state or local law for a moving traffic violation arising from the accident For the purpose of this rule an accident is defined as an incident involving a commercial motor vehicle in which there is either a fatality, an injury treated away from the scene, or a vehicle is required to be towed from the scene. Driver's Responsibility: A driver who is subject to post-accident testing must remain available, or the employer may consider the driver to have refused to submit to testing. The driver subject to post-accident testing must refrain from consuming alcohol for eight hours following the accident, or until he/she submits to an alcohol test, whichever comes first. RESOLUTION NO. 206-14 ---PAGE BREAK--- 57 SUBJECT: 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 driver positions. - The employer shall ensure that random alcohol tests are unannounced and spread reasonably throughout the calendar year. - The employer shall ensure that drivers selected for random alcohol tests proceed immediately to the testing site upon notification of being selected. - A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, immediately prior to performing or immediately after performing safety- sensitive functions. - Employers may pool interstate and intrastate drivers together for random alcohol testing. - If an employer is required to conduct random alcohol testing under the rules of more than one DOT agency, the employer may either: Establish separate pools for random selection, with each pool containing the DOT covered employees who are subject to testing at the same required minimum annual percentage rate; or Randomly select such employees for testing at the highest minimum annual percentage rate established for the calendar year by any DOT agency to which the employer is subject. - In the event a driver, who is selected for a random alcohol test, is on vacation or an extended medical absence, the employer can either select another driver for testing or keep the original selection confidential until the driver returns. SUBJECT: 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 which is matched with the driver's social security number. - Random controlled substances testing shall be administered at a minimum annual rate of 50 percent (50%) of the average number of driver positions. - The employer shall ensure that random controlled substances tests are unannounced and spread reasonably throughout the calendar year. RESOLUTION NO. 206-14 ---PAGE BREAK--- 58 - The employer shall ensure that drivers selected for random controlled substances tests proceed immediately to the testing site upon notification of being selected. SUBJECT: Refusal to be Tested Refusal to submit (to an alcohol or controlled substance test) - a driver: 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 The County will have no obligation to an employee who refuses to take either a controlled substances test or alcohol test. The driver's employment with Cortland County shall be terminated. SUBJECT: Return-to-Duty Testing The County shall ensure that before a driver returns to duty requiring the performance of a safety- sensitive function, after engaging in prohibited conduct regarding alcohol misuse, the driver shall undergo a return-to-duty alcohol test indicating a breath alcohol concentration of less than 0.02. Cortland County shall also ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in prohibited conduct regarding controlled substance use, the driver shall undergo a return-to-duty controlled substance test with a result indicating a verified negative result for controlled substances use. In the event a return-to-duty test is required, the driver must also be evaluated by a substance abuse professional (SAP) and participate in any assistance program prescribed. SUBJECT: Follow-up Testing Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or of controlled substances, the County shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the substance abuse professional. The driver shall be subject to a minimum of six follow-up controlled substance and/or alcohol tests in the first six months. But testing shall not exceed sixty (60) minutes. SUBJECT: Alcohol Testing Procedure Persons with a CDL license and who are immediately available to perform a safety-sensitive function will be subject to an Evidential Breath Test (EBT). RESOLUTION NO. 206-14 ---PAGE BREAK--- 59 PREPARATION FOR BREATH ALCOHOL TESTING A. A supervisor will instruct you 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 an evidential breath tester. 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. 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. SUBJECT: Drug Testing Procedure 1. Persons with CDL license and who are immediately available to perform a safety sensitive function (as noted on first page of this policy) will be subject to drug testing. A. DOT agency drug testing programs require that employees be tested for marijuana, cocaine, opiates, amphetamines, and phencydidine. B. The employee will be notified by the supervisor and the employee will be instructed to go to a specified location for a drug test. RESOLUTION NO. 206-14 ---PAGE BREAK--- 60 C. 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. D. 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 of the five drugs listed in Part 1 of the Drug Testing Procedure. 2. The laboratory shall report as negative all specimens that are negative on the initial test. 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. B. The designated 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 RESOLUTION NO. 206-14 ---PAGE BREAK--- 61 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 Medical 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 DOT, 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, who shall refer the case to the management official empowered to recommend Cortland County Evaluation and Disciplinary Penalties. (See (33) page 4 Table of Standard Disciplinary Penalties). 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. SUBJECT: Evaluation and Discipline 1. A driver 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. This employee will need an evaluation by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse or controlled substance use. B. A driver, 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 do safety-sensitive functions, may be considered by his supervisor for employment to do other tasks until released by the substance abuse professional. C. Before a driver returns to duty, doing a safety-sensitive function, after verified positive test for drugs or an alcohol level of 0.04 or greater, the driver 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 driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use, shall be evaluated by a substance abuse RESOLUTION NO. 206-14 ---PAGE BREAK--- 62 professional to determine that the driver has properly followed all rehabilitation programs prescribed by the evaluator. D. A driver shall be subject to unannounced follow-up alcohol and controlled substances tests administered by the employer, following the driver'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 twelve (12) 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 driver, the substance abuse professional may require testing for up to sixty (60) 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. A driver who is tested for alcohol and found to have a concentration of 0.02 but less than 0.04 shall be released from his duty for twenty-four (24) hours without pay. Any driver, who is found to have a positive drug test or an alcohol test greater than 0.04 within four years of a previous suspension for alcohol or drug abuse, shall be terminated. RESOLUTION NO. 206-14 ---PAGE BREAK--- RESOLUTION No. 213-14 CORTLAND COUNTY EMERGENCY EVACUATION PROCEDURES 2014 INTRODUCTION This document is meant to serve as a guide and procedure manual for use during various types of emergencies both natural and man-made. It is based on several New York State Police documents, and plans from other counties in New York State. There are several types of emergency situations covered in this plan. Although every conceivable emergency may not be included, by reviewing and studying this plan periodically, employees will comprehend the basic procedures necessary to insure the health and life safety of themselves, their fellow employees, and visitors to County facilities. POLICY STATEMENT It is the policy of Cortland County to provide a safe and secure environment for employees and visitors in the facilities it owns and manages. It is also the policy of Cortland County to initiate established evacuation procedures in situations deemed dangerous to the health and safety of said employees and visitors. COMMUNICATIONS All emergencies will be handled by calling 911. In the case of a fire, the fire alarm will be activated first, and then 911 will be called. Notify The Emergency Management Office as soon as possible. The 911 Center will notify the responding Authority (Sheriff, City PD, State Police), who will then initiate communications with the appropriate departments in the effected building(s). Communications will be via the telephone system, Department Heads or their delegates will notify all personnel in their Department, or Section, of the instructions from the Responding Authority, starting with the evacuation monitors. (See section on evacuation monitors) ---PAGE BREAK--- In case of a delay with the installation of the new telephone system, the current system has the capability of contacting any ten phones from one. Until a new telephone system COMMUNICATIONS Contd. has been installed, each Department will designate who is to be called first by the Responding Authority, and how the telephone tree develops from there. A copy of each Department’s system will be sent to the Safety Officer, the Sheriff’s Department, City PD and the State Police. Department Heads or their appointees shall account for all personnel in their Section or Department, and give said account to the Incident Commander. EVACUATION The Responding Authority will evaluate all emergency situations, and determine whether a full or partial evacuation of the affected facility is necessary. Full evacuations will be ordered for emergency situations involving widespread imminent danger of physical harm, or life threatening conditions to employees and visitors. Partial evacuations will be ordered for emergency situations that are confined to specific areas of a facility. Full evacuations will be conducted in the event of fire. Elevators are not to be used for evacuation purposes unless approved by the Fire Department. Evacuations will be directed by the Emergency Responders, and the County employees who have been appointed evacuation monitors. The directions from these people must be followed to the letter. In the event of an evacuation (full or partial), people leaving the building will be directed to gathering areas approximately 300’ to 500’ from the building. For the County Office Building, these areas are the Courthouse Park for people exiting the south side of the building, and the lawn area at Round House Mill for those exiting from the north. The ---PAGE BREAK--- gathering areas for other buildings should be established by the people working in those buildings. Leave according to the evacuation maps in your Department. Take time to familiarize yourself with these maps! EVACUATION MONITORS The primary responsibility of the evacuation monitors is to assist employees and visitors from County facilities in the event of an emergency situation which requires evacuation. They are also responsible for making any necessary announcements from the proper authorities to the evacuees. There will be at least two evacuation monitors for each department. These appointments will be Voluntary and a list to be sent to the Safety office and Sherriff’s office, City PD and State Police and Kept updated as these list will be part of this plan. The sounding of the fire alarm is to be considered an automatic instruction to begin building evacuation. In the event that a certain part of the building must be avoided during an evacuation, (bomb discovery, hostage situation, chemical spill, etc.), the monitors will direct the evacuees in the manner necessary to avoid such hazards. Monitors are to insure that no one remains in their area as the building is evacuated. As rooms are cleared of people, the monitors should make sure that doors are closed. The monitors should be the last to leave the area unless they are waiting with persons with disabilities at the appropriate area of rescue assistance. The monitors are to move evacuees away from the building and on to the gathering area. They will also make note of any clearance problems, and report them to the appropriate authorities. Evacuation monitors will assist persons with disabilities to the areas of rescue assistance, and wait with them until the Firemen or other rescue personnel arrive to carry them out of the building. The areas of rescue assistance are marked, and there are directional signs throughout the facilities. The evacuation monitors are to be issued highly visible, fluorescent orange vests, and are to wear them throughout any evacuation drill or actual emergency. There will be alternate monitors chosen for each section to fill in for any absent monitors. ---PAGE BREAK--- BOMB THREAT PROTOCOL/PLAN Bomb threat definition: Any telephone call, written correspondence, or suspicious item which, due to the information received via threat or circumstance, implies or confirms that an explosive device is, or may be in place which could result in personal injury, loss of life, or damage to property. There are two basic types of bomb threats: The non-specific threat, and the specific threat. Each type of threat MUST be reported to 911 immediately. Non-specific Threat: This is the most common type of bomb threat, and occurs when a caller or a letter merely states there is a bomb on the premises but gives no specific details. In this case very little can be done except to record the threat accurately, and increase vigilance for the presence of an improvised explosive device. An unobtrusive search (perimeter, entrances/exits, stairways, and public areas) should be conducted. Specific Threat: A specific threat is when a caller or letter states specific information about the bomb, such as a room number or area where the bomb is located, a particular time the device is set to detonate, and/or a specific reason for placing the bomb. This scenario requires an immediate search of the specific area mentioned. Additionally, a search of the surrounding areas, stairways, restrooms, and public spaces should be conducted in order to establish a safe route of evacuation if that is deemed necessary. If you receive a bomb threat telephone call, try to remain calm and attempt to obtain as much information from the caller as possible. The bomb threat form will help you ask the right questions, and record the appropriate information about the threat. Write down word for word as much of the conversation as possible. If the caller does not indicate the location of the device, or the detonation time, ask for this information. Make sure you note exactly the time of the call, and at which telephone extension the call was taken. Remember, with or without the bomb threat form, the most important questions to ask are: ---PAGE BREAK--- • When is the bomb going to explode? • Where exactly is the bomb? • What does the bomb look like? • Why has the bomb been placed? • What kind of bomb is it? Additionally, attempt to find out: • Bomber’s identity; sex, approximate age, any dialect or accent, speech characteristics, (lisp, stutter, etc.) • Any Nationality recognized? Any secular affiliation. • What was the callers mood? Were they calm, irrational, righteous or other? • Did you hear any background noises? Music, was it quiet, any traffic noises, animals, factory or office machines • Will the caller identify themselves or their affiliation? While speaking with the caller have a fellow employee notify 911 and upon hanging up from the bomb threat call, call 911 and explain the situation to whomever answers your call. Try to stay calm, and answer all of the questions you are asked. At the end of the 911 call, contact your Supervisor. The Supervisor will then wait for a call from the Responding Authority, and will follow their instructions. After receipt of any bomb threat, and after conducting the procedures outline above, management will consult with the responding law enforcement officials in order to make an informed decision whether or not to conduct a full or partial evacuation. Law enforcement agencies have the experience and expertise to assist management in making an informed decision. The evacuation of a building is NOT an automatic response to a bomb threat. A decision to evacuate must be based on an evaluation of the evidence and the specific circumstances within which the threat was made. Automatic evacuations may deliver employees from a place of safety to a place of danger. In the event of an evacuation due to a bomb threat, employees are to take a moment to look around their immediate work area, and check for anything unusual or unfamiliar such as a backpack, purse, notebook, package, etc. If the employee notices anything suspicious, she/he is to notify the nearest evacuation monitor immediately, and then exit the building as directed. Also employees are to take their personal bags, purses etc. as this will help eliminate unnecessary searching. If deemed necessary by the Responding Authority, through consultation with other informed agencies, a bomb search team (including canine) will be called in to search the premises after the building has been evacuated. This decision will depend on several ---PAGE BREAK--- factors, including the type of threat received, the results of a preliminary search, and the opinions of other involved agencies. The “All Clear” signal will be a double blast of a fire truck horn. At this time, all evacuees may return to the facility in an orderly manner. If a search is deemed necessary, it will FIRST be carried out by a floor search crew made up of voluntary employees. Employees are to be used because they are more familiar with the surroundings, and any objects that would be unusual or unfamiliar, and therefore suspicious. The volunteer floor search crews will be made up of four to six employees per floor who will be trained in searching techniques, as well as recognition of suspicious objects. The floor search crew members must be familiar with the areas they are searching. This training should be done by the Sheriff’s Department, and the Fire Department, and Department Heads should be trained members of the floor search crews. The floor search crews will wear Lime Green vests, and be readily recognizable. If, after this preliminary search, a more thorough search is deemed necessary, a bomb search dog will be brought in. This decision will be made by the Responding Authority, and other informed agencies. THE BOMB SEARCH The Responding Authority/Command Center will oversee the search plan, and the search teams, and will determine the areas to be searched, and in what order. The Responding Authority/Command Center will assign two persons from the volunteer group for each area to be searched based on familiarity with the search areas. The Sheriff/Command Center will also establish a method for communication with the search teams without using radios or cell phones. (These may detonate a radio controlled bomb.) Each Department Head is responsible for maintaining a current list of all floor search crew members, and for assuring that all members are properly trained. The Cortland County Sheriff’s Department will make available training for all floor search crew members, and their Supervisors. Under certain circumstances, the Responding Authority may, upon careful evaluation of the threat, decide to search a certain area of a building then move the occupants to that area while the rest of the building is searched. Bomb Search Protocol Occupied Building ---PAGE BREAK--- If caller gives location, search this area first. If location not given, search the public access areas first. Teams must have keys to secured areas. Upon entering a room, request the input of the staff in identifying objects. Make a visual search only. Do not touch anything unless vouched for by staff. Split room in half, and check lower half first. Then check upper half. Do not turn on light switches, or move objects. Search in single file, and listen for any unusual sounds. Look for objects that do not belong. (Get input from staff if present) 10). As you clear an area of the building, make a note that the search in that area has been completed. Bomb Search Protocol Evacuated Building If detonation time is known, wait until that time plus one hour has elapsed to initiate search. Floor search crews are to enter only after evacuation is complete. Only floor search crews are allowed in the area after evacuation. (Control building access) Floor search crews will include members familiar with search areas. Public access areas should be searched first. Search is to be visual only, using the split room method as previously noted, and suspicious objects are not to be touched. No radios, cell phones, or light switches are to be used. Use of bomb search canine will be determined by the Responding Authority. RE-ENTRY The Responding Authority, after consulting with other on-site agencies, will determine when the building is safe for re-entry. The signal for orderly re-entry will be two air horn blasts. FIRE PROCEDURES In the event of a fire in one of the County buildings, a full evacuation will be conducted. The person who discovers the fire will pull the fire alarm first, and then call 911 if possible without endangering her/his health or life. ---PAGE BREAK--- Evacuation will be conducted in an orderly manner, and personnel shall leave according to the primary or secondary routes on the evacuation maps for their area. The evacuation monitors will direct the evacuation, and shall be easily identified by the orange vests they wear. Their instructions shall be followed to the letter, and as quickly as possible. All doors shall be pulled shut by the last person to leave each section. These doors are to be left unlocked unless there are special security issues. These special exceptions will be reviewed and approved in advance of the acceptance of this policy. The lights and windows in the offices should be left as they are. The Safety Office/ Buildings and Grounds will schedule and conduct four fire/evacuation drills per year to insure that this policy is working, and to evaluate the execution of the plan. HOSTAGE SITUATION Discoverer of the situation will immediately call 911 if this can be done without putting one’s self in harm’s way. Under no circumstances is the discoverer to attempt a rescue. A hostage event will usually not be an automatic total evacuation situation. Personnel need to be told which way to exit the facility so as to not mistakenly walk into the middle of the problem, thereby becoming hostages themselves. Evacuation information will be relayed either through telephone or by radio. Evacuation will be handled by evacuation monitors until relieved by a law enforcement agency. The responding law enforcement officials will have control of the situation, with EMS, and Fire Departments also setting up Command Centers as directed. It is imperative that ALL personnel follow the instructions of the evacuation monitors and the law enforcement officials to the letter. ---PAGE BREAK--- Employees must make their way to their normal gathering areas as quickly as possible so that a head count may be taken and a list can be made of any missing people. A report of unaccounted for personnel must be delivered to Incident Command of the lead law enforcement agency as quickly as possible. CHEMICAL SPILL The discoverer is to leave the area immediately, get to a telephone as quickly as possible, and call 911. A chemical spill will not automatically initiate a total building evacuation. Personnel need to be told which way to exit the facility in order to avoid walking into the problem and thereby becoming a victim. Evacuation information will be relayed either through a telephone tree, or through a telephone intercom, depending on what type of telephone system is installed. The responding Fire Department officials will have control of the situation, with EMS, and law enforcement agencies also setting up Command Centers. Evacuation of the facility will be controlled by the evacuation monitors until relieved by Fire Department personnel. It is imperative that ALL personnel follow the instructions of the evacuation monitors, Fire Department officials, and law enforcement officers to the letter. Employees must make their way to their normal gathering areas as quickly as possible so that a head count may be taken, and a list can be made of any missing people. A list of unaccounted for people must be delivered to the lead law enforcement agency as quickly as possible. WEATHER EMERGENCIES ---PAGE BREAK--- The County Sheriff is responsible for closing County highways, and the Chairman of the Legislature is responsible for closing County facilities during weather related emergencies. The County Safety Officer in conjunction with the Department Heads or their assigns will determine whether or not County vehicles (D.S.S cars, Nursing vehicles, and Meals on Wheels trucks) should be brought in off the road, or restricted from going out in the morning. Typically, this is done only in the winter as the result of blizzard conditions. Environmental Health and Probation will also be notified. In the event of flooding, wind storm, or other weather related emergencies, necessary on- site sheltering will be organized and directed by the Nutrition Department. ---PAGE BREAK--- FINANCIAL ADVISORY SERVICES AGREEMENT This Financial Advisory Services Agreement (“Agreement”), entered into as of , 2014 (“Effective Date”), is between the County of Cortland, New York (“Client”) and Fiscal Advisors & Marketing, Inc. (“Fiscal Advisors”) (collectively referred to herein as the “Parties”). Client agrees to hire Fiscal Advisors and Fiscal Advisors agrees to act as financial advisor to the issuer to provide services relating to the issuance of Serial Bonds, Bond Anticipation Notes, Revenue Anticipation Notes, Tax Anticipation Notes, Budget Notes and Deficiency Notes (the “Securities”), pursuant to the terms of this Agreement: 1. ISSUANCE DESCRIPTION. Client intends to issue securities from time to time during the term of this engagement. 2. SCOPE OF SERVICES. Client hires Fiscal Advisors to provide the services set forth in Appendix A attached hereto (“Services”). All services described in Appendix A are hereby incorporated by reference and the scope of Fiscal Advisor’s engagement under the terms of this Agreement shall be solely limited to the Services. Client acknowledges that prior to the Effective Date that Fiscal Advisors has not provided any advice, recommendations or guidance with respect to the Issuance and that, to the extent any prior communications have occurred between Client and Fiscal Advisors relative to the Issuance, any such communications have been limited to communications involving general information relative to the Issuance. 3. COMPENSATION. As compensation for the provisions of Services, Client hereby agrees to compensate Fiscal Advisors in accordance with Fiscal Advisors’ Fee Schedule attached hereto as Appendix B (“Compensation”). Any modification to the fee schedule agreed to by the Parties in writing will become effective upon the date and time mutually agreed upon by the Parties. 4. TERM AND TERMINATION. This Agreement shall be effective as of the Effective Date and shall remain in effect until terminated by either party upon (30) days written notice; provided, however, that in the event of termination of any such engagement, Fiscal Advisors reserves the right to receive a portion of Compensation based upon the services rendered under this Agreement up to and including the date of termination. 5. AGREEMENT TO PROVIDE INFORMATION. Client agrees to provide Fiscal Advisors with factual not misleading information as shall be deemed necessary by Fiscal Advisors for the performance of Services, which shall include financial statements, budgets, and other relevant documents. Client further agrees to not intentionally omit any material information relevant to Fiscal Advisors’ provision of Services. 6. BILLING STATEMENT. Client will receive an invoice upon the closing of the securities issuance which shall be due and payable within thirty (30) days of the invoice date. 7. OUT-OF-POCKET EXPENSES. Fiscal Advisors will not charge for out-of-pocket expenses. 8. INDEMNITY. Client hereby agrees to indemnify Fiscal Advisors and hold it harmless against any loss, liability, assessments, or expense (including reasonable attorneys’ fees) incurred or assessed arising out of, or in connection with, Fiscal Advisors’ acceptance, administration, or performance of its duties hereunder, except such as may arise from Fiscal Advisors’ own bad faith, willful misconduct, or gross negligence, including the cost and expense of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties under the terms of this Agreement. 9. TERMINATION. This Agreement will remain in effect until terminated. The Parties may terminate this Agreement at any time and for any reason provided that written notice has been given thirty (30) days prior to termination or with lesser notice by mutual consent of the Parties, in writing. RESOLUTION NO. 235-14 ---PAGE BREAK--- 10. AMENDMENT. This Agreement constitutes and expresses the entire agreement of the Parties with respect to the subject matter hereof, and all promises, undertakings, representations, agreements, understandings and arrangements, whether oral or written, with reference thereto are merged herein. No amendments to or alterations or variations of this Agreement shall be valid unless made in writing and signed by the Parties. 11. HEADINGS. The headings of the various sections in this Agreement are inserted for the convenience of the parties and shall not affect the meaning, construction or interpretation of this Agreement. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of New York. Any suit or legal proceeding brought pursuant to, touching upon, relating to, or otherwise arising out of this Agreement or performance hereunder will be brought solely in the County of Onondaga, New York. 13. DODD-FRANK COMPLIANCE. Fiscal Advisors is a registered municipal advisor in good standing with both the SEC (#866-00478-00) and the MSRB (#K0191). 14. DISCLOSURE OF CONFLICTS OF INTEREST. Client acknowledges that it has received those disclosures set forth and contained within Appendix C attached hereto. Client further acknowledges that it has been given the opportunity to raise questions and discuss the foregoing matters with Fiscal Advisors and that it fully appreciates the nature of these conflicts and corresponding disclosures. Client hereby waives such conflicts and authorizes Fiscal Advisors to provide those services described herein. Client further agrees that in the event Fiscal Advisors shall provide any additional disclosures, that such disclosures may be provided to and acknowledged by Client’s County Administrator. 15. COUNTERPARTS. This Agreement may be executed in any number of identical counterparts, via facsimile transmission or otherwise, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their respective duly authorized officers as of the date first written above. COUNTY OF CORTLAND, NEW YORK FISCAL ADVISORS & MARKETING, INC. By: By: John C. Shehadi Title: Title: Chairman ---PAGE BREAK--- A-1 APPENDIX A – SERVICES 1. FINANCING PLAN. Fiscal Advisors will develop a financing plan that will include recommendations with respect to the timing of the Securities sale, a maturity schedule, redemption features, and other terms required to market the Securities. Fiscal Advisors will suggest alternative financing methods suitable for Client’s needs. 2. RECOMMENDATIONS AND REVIEW OF SECURITIES TYPE. Upon the written request of Client, Fiscal Advisors shall review the financing type selected by Client and/or make recommendations as to the suitability of a particular type(s) of financing. Unless specifically requested by Client, in writing, Fiscal Advisors shall assume that Client has already conducted an analysis of the suitability of a particular financing type and shall be under no duty to investigate and/or advise Client of alternatives to the proposed financing structure that are then suitable to Client. 3. OFFICIAL STATEMENT PREPARATION. Fiscal Advisors will prepare the Preliminary and Final Official Statement (collectively the “Official Statement”) to be used in conjunction with the sale of Securities. In order to assist Client in fulfilling its disclosure obligations, Fiscal Advisors will prepare the Official Statement in a form consistent with the Government Finance Officers Association’s disclosure Guidelines. In preparing the Official Statement, Fiscal Advisors will collect, research, develop and compile data for use therein. 4. PRIVATE PLACEMENT MEMORANDUM PREPARATION. When appropriate, Fiscal Advisors will assist Client in preparing a private placement memorandum or other necessary offering document necessary to complete such financings. The private placement memorandum will contain information and be in such format as prescribed by industry standards for such issue. 5. RATING ANALYSIS AND PREPARATION. Fiscal Advisors shall use its best efforts in obtaining the highest possible rating for Client’s Securities. Fiscal Advisors will analyze the over-all credit conditions of Client including the probable impact of any potential financing plan on the credit rating of Client. Fiscal Advisors will assist Client official(s) prepare for the rating interview with rating agency personnel, which may occur at the office(s) of the rating agency(ies). Fiscal Advisors will meet or engage in discussions with municipal rating agencies to review Client’s economic and financial condition and financing plans. 6. CREDIT ENHANCEMENT. Fiscal Advisors will make recommendations as to the appropriateness of municipal bond insurance for an offering. Fiscal Advisors will take into consideration the requirements for insurance and likelihood that a particular offering would qualify. Fiscal Advisors will also make recommendations as to the appropriateness of other forms of credit enhancements that might be available to Client, if any. 7. MARKETING. Fiscal Advisors shall develop a marketing plan for the sale of the Securities, which shall include recommendations as to the method of sale competitive bid, negotiated underwriting or private placement). For a competitive sale, Fiscal Advisors shall prepare all necessary bidding documents and offering materials, including the notice of sale and Bond Buyer publication. For a negotiated sale Fiscal Advisors shall prepare a request for proposals, appraise the proposals received, make recommendations as to the firm to be selected, and finalize the terms of the sale to reflect Client’s best interest. 8. MARKET ANALYSIS. In order to appropriately advise Client on the establishment of a desirable sale date and to keep Client abreast of the cost of the financing plan under development, Fiscal Advisors shall monitor the following: a. General conditions and trends in the economy; b. Capital market conditions including the imposition of any unusual restraints on monetary supply by the Federal Reserve System; c. The status of recently sold municipal issues; and d. The supply of municipal securities coming to market. 9. PAYING AGENT OR TRUSTEE & ESCROW AGENT SELECTION. Fiscal Advisors shall assist Client in selection a Paying Agent or Trustee & Escrow Agent, as applicable. ---PAGE BREAK--- A-2 10. PRINTING SERVICES. Fiscal Advisors will arrange for printing of all necessary documents, including Official Statements, notices of sale, bid forms and all other necessary documents. 11. MATHEMATICAL COMPUTATIONS. Fiscal Advisors will prepare maturity and other schedules showing mathematical results including the source and disbursement of funds, yield calculations, savings and escrow account calculations. 12. ATTENDANCE AT MEETINGS. Fiscal Advisors shall attend Client meetings to explain the progress of the transaction and the various documents to be adopted by Client. 13. CLOSING SERVICES. Fiscal Advisors will provide services required to effectuate the Securities closing including assisting with the establishment of the Securities accounts, the transfer of funds at the time of the Securities closing, and CUSIP identification number obtainment. 14. REQUEST FOR PROPOSALS FOR SERVICE PROVIDERS. Fiscal Advisors will prepare a request for proposal for the selection of investment bankers to perform underwriting services as may be required for an Issuance. 15. SECONDARY DISCLOSURE. Unless otherwise directed by Client, Fiscal Advisors will, on an annual basis, file Client’s Continuing Disclosure Report with the Municipal Securities Rulemaking Board’s (“MSRB”) EMMA online document repository as required under the terms of the Continuing Disclosure Agreement or other written agreement requiring the filing of a Continuing Disclosure Report. The Continuing Disclosure Report will contain all information and data as required under the terms of the Continuing Disclosure Agreement or other written agreement prepared and executed in connection with the issuance. ---PAGE BREAK--- B-1 APPENDIX B‐FEE SCHEDULE FISCAL ADVISORS & MARKETING, INC. BOND, REVENUE AND TAX ANTICIPATION NOTES AND BUDGET NOTES AND DEFICIENCY NOTES: Par amount: Under $1 million (No Official Statement) $ 900 $1,000,001 to $5,000,000 $ 4,800 $5,000,001 to $10,000,000 $ 5,600 $10,000,001 to $20,000,000 $ 7,600 Over $20,000,001 $ 9,500 BONDS: Par amount: Under $1 million (NO OFFICIAL STATEMENT) $ 2,400 $1,000,001 to $5,000,000 $ 9,800 $5,000,001 to $10,000000 $ 14,500 $10,000,001 to $20,000,000 $ 18,000 Over $20,000,001 $ 24,500 REFUNDING BONDS: Par amount: Up to $5,000,000 $ 18,500 $5,000,001 to $10,000000 $ 22,500 $10,000,001 to $20,000,000 $ 27,500 Over $20,000,001 $ 34,500 HOURLY FEE: $ 180 CONTINUING DISCLOSURE: Annual Continuing Disclosure $ 1,800 Annual Continuing Disclosure(when an OS has been completed during that year) $ 800 Material Event Notices $ 500 Actual Fees will be based on actual work performed: Fees may be affected by additional hourly fees charged for additional services specifically requested by the client. This fee schedule is proprietary information provided to the client only; It is not for dissemination. ---PAGE BREAK--- C-1 APPENDIX C - DISCLOSURE OF CONFLICTS OF INTEREST VARIOUS FORMS OF COMPENSATION The Municipal Securities Rulemaking Board requires us, as your municipal advisor, to provide written disclosure to you about the actual or potential conflicts of interest presented by various forms of compensation. We must provide this disclosure unless you have required that a particular form of compensation be used. You should select a form of compensation that best meets your needs and the agreed upon scope of services. Forms of compensation; potential conflicts. The forms of compensation for municipal advisors vary according to the nature of the engagement and requirements of the client, among other factors. Various forms of compensation present actual or potential conflicts of interest because they may create an incentive for an advisor to recommend one course of action over another if it is more beneficial to the advisor to do so. This document discusses various forms of compensation and the timing of payments to the advisor. Fixed fee. Under a fixed fee form of compensation, the municipal advisor is paid a fixed amount established at the outset of the transaction. The amount is usually based upon an analysis by the client and the advisor of, among other things, the expected duration and complexity of the transaction and the agreed-upon scope of work that the advisor will perform. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, the advisor may suffer a loss. Thus, the advisor may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. There may be additional conflicts of interest if the municipal advisor’s fee is contingent upon the successful completion of a financing, as described below. Hourly fee. Under an hourly fee form of compensation, the municipal advisor is paid an amount equal to the number of hours worked by the advisor times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest if the client and the advisor do not agree on a reasonable maximum amount at the outset of the engagement, because the advisor does not have a financial incentive to recommend alternatives that would result in fewer hours worked. In some cases, an hourly fee may be applied against a retainer a retainer payable in which case it is payable whether or not a financing closes. Alternatively, it may be contingent upon the successful completion of a financing, in which case there may be additional conflicts of interest, as described below. Fee contingent upon the completion of a financing or other transaction. Under a contingent fee form of compensation, payment of an advisor’s fee is dependent upon the successful completion of a financing or other transaction. Although this form of compensation may be customary for the client, it presents a conflict because the advisor may have an incentive to recommend unnecessary financings or financings that are disadvantageous to the client. For example, when facts or circumstances arise that could cause the financing or other transaction to be delayed or fail to close, an advisor may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Fee paid under a retainer agreement. Under a retainer agreement, fees are paid to a municipal advisor periodically and are not contingent upon the completion of a financing or other transaction. Fees paid under a retainer agreement may be calculated on a fixed fee basis a fixed fee per month regardless of the number of hours worked) or an hourly basis a minimum payment, with additional amounts payable if a certain number of hours worked is exceeded). A retainer agreement does not present the conflicts associated with a contingent fee arrangement (described above). ---PAGE BREAK--- C-2 Fee based upon principal or notional amount and term of transaction. Under this form of compensation, the municipal advisor’s fee is based upon a percentage of the principal amount of an issue of securities bonds) or, in the case of a derivative, the present value of or notional amount and term of the derivative. This form of compensation presents a conflict of interest because the advisor may have an incentive to advise the client to increase the size of the securities issue or modify the derivative for the purpose of increasing the advisor’s compensation. OTHER MATERIAL CONFLICTS OF INTEREST The Municipal Securities Rulemaking Board requires us, as your municipal advisor, to provide written disclosure to you about material conflicts of interest. The following represent Fiscal Advisors material conflicts of interest known to Fiscal Advisors as of the date of this Agreement. Affiliated Entities and Subsidiaries. For most securities issuances, clients will need to utilize the services of a financial printer of the Official Statement, Notice of Sale and/or Bid Forms. In connection with these printing undertakings, Fiscal Advisors utilizes Premier Printing, Inc., a wholly owned subsidiary of Fiscal Advisors, to print, mail and electronically post client documents. ---PAGE BREAK--- Resolution No. 256-14 ---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--- Resolution No. 259-14 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 289-14 ---PAGE BREAK--- APPENDIX A Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 1 SOURCES AND USES OF FUNDS County of Cortland Refunding of 2007 - Refunding in 2014 Dated Date 12/16/2014 Delivery Date 12/16/2014 Sources: Bond Proceeds: Par Amount 6,470,000.00 Premium 848,187.65 7,318,187.65 Uses: Refunding Escrow Deposits: Cash Deposit 0.55 SLGS Purchases 7,177,860.00 7,177,860.55 Cost of Issuance: Other Cost of Issuance 65,000.00 Underwriter's Discount: Average Takedown 25,750.60 Underwriter's Counsel 5,000.00 CUSIP 562.00 DTC 800.00 Ipreo 452.90 32,565.50 Other Delivery Date Expenses: Bond Insurance 17,478.09 Other Uses of Funds: Additional Proceeds 25,283.51 7,318,187.65 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 2 SAVINGS County of Cortland Refunding of 2007 - Refunding in 2014 Present Value Prior Refunding to 12/16/2014 Date Debt Service Debt Service Savings @ 2.5819181% 12/31/2015 271,400.00 246,966.67 24,433.33 24,253.65 12/31/2016 271,400.00 268,550.00 2,850.00 2,714.20 12/31/2017 712,400.00 691,975.00 20,425.00 19,282.28 12/31/2018 704,200.00 683,850.00 20,350.00 18,755.35 12/31/2019 700,500.00 680,500.00 20,000.00 17,997.60 12/31/2020 706,000.00 681,775.00 24,225.00 21,272.06 12/31/2021 710,500.00 690,000.00 20,500.00 17,564.34 12/31/2022 714,000.00 690,000.00 24,000.00 20,037.04 12/31/2023 716,500.00 694,100.00 22,400.00 18,241.62 12/31/2024 718,000.00 697,200.00 20,800.00 16,524.29 12/31/2025 718,500.00 696,375.00 22,125.00 17,104.65 12/31/2026 718,000.00 696,375.00 21,625.00 16,273.67 12/31/2027 716,500.00 694,875.00 21,625.00 15,837.03 12/31/2028 714,000.00 691,875.00 22,125.00 15,766.10 9,091,900.00 8,804,416.67 287,483.33 241,623.88 Savings Summary PV of savings from cash flow 241,623.88 Plus: Refunding funds on hand 25,283.51 Net PV Savings 266,907.39 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 3 SUMMARY OF REFUNDING RESULTS County of Cortland Refunding of 2007 - Refunding in 2014 Dated Date 12/16/2014 Delivery Date 12/16/2014 Arbitrage yield 2.469801% Escrow yield 0.168021% Value of Negative Arbitrage 191,049.94 Bond Par Amount 6,470,000.00 True Interest Cost 2.680870% Net Interest Cost 2.919121% Average Coupon 4.435700% Average Life 8.134 Par amount of refunded bonds 6,785,000.00 Average coupon of refunded bonds 4.000000% Average life of refunded bonds 8.208 PV of prior debt to 12/16/2014 @ 2.581918% 7,559,811.53 Net PV Savings 266,907.39 Percentage savings of refunded bonds 3.933786% Percentage savings of refunding bonds 4.125307% Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 4 SUMMARY OF BONDS REFUNDED County of Cortland Refunding of 2007 - Refunding in 2014 Maturity Interest Par Call Call Bond Date Rate Amount Date Price 2007, 2007: SERIAL 03/01/2017 4.000% 450,000.00 03/01/2016 100.000 03/01/2018 4.000% 460,000.00 03/01/2016 100.000 03/01/2019 4.000% 475,000.00 03/01/2016 100.000 03/01/2020 4.000% 500,000.00 03/01/2016 100.000 03/01/2021 4.000% 525,000.00 03/01/2016 100.000 03/01/2022 4.000% 550,000.00 03/01/2016 100.000 03/01/2023 4.000% 575,000.00 03/01/2016 100.000 03/01/2024 4.000% 600,000.00 03/01/2016 100.000 03/01/2025 4.000% 625,000.00 03/01/2016 100.000 03/01/2026 4.000% 650,000.00 03/01/2016 100.000 03/01/2027 4.000% 675,000.00 03/01/2016 100.000 03/01/2028 4.000% 700,000.00 03/01/2016 100.000 6,785,000.00 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 5 UNREFUNDED BOND DEBT SERVICE County of Cortland Refunding of 2007 - Refunding in 2014 Annual Period Debt Debt Bond Total Ending Principal Interest Service Service Balance Bond Value 12/16/2014 825,000 825,000 03/01/2015 400,000 16,500 416,500 425,000 425,000 09/01/2015 8,500 8,500 425,000 425,000 12/31/2015 425,000 425,000 425,000 03/01/2016 425,000 8,500 433,500 12/31/2016 433,500 825,000 33,500 858,500 858,500 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 6 BOND PRICING County of Cortland Refunding of 2007 - Refunding in 2014 Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (-Discount) Serial Bonds - Uninsured: 03/01/2015 60,000 2.000% 0.350% 100.343 205.80 03/01/2016 5,000 2.000% 0.510% 101.792 89.60 65,000 295.40 Serial Bonds - Insured: 03/01/2017 435,000 3.000% 0.630% 105.188 22,567.80 03/01/2018 440,000 3.000% 0.950% 106.461 28,428.40 03/01/2019 450,000 3.000% 1.240% 107.193 32,368.50 03/01/2020 465,000 3.000% 1.570% 107.123 33,121.95 03/01/2021 490,000 4.000% 1.890% 112.303 60,284.70 03/01/2022 510,000 4.000% 2.200% 111.935 60,868.50 03/01/2023 535,000 4.000% 2.430% 111.616 62,145.60 03/01/2024 560,000 4.000% 2.570% 111.656 65,273.60 03/01/2025 585,000 5.000% 2.650% 120.894 122,229.90 03/01/2026 615,000 5.000% 2.780% 119.608 C 2.934% 03/01/2025 100.000 120,589.20 03/01/2027 645,000 5.000% 2.870% 118.728 C 3.141% 03/01/2025 100.000 120,795.60 03/01/2028 675,000 5.000% 2.980% 117.662 C 3.335% 03/01/2025 100.000 119,218.50 6,405,000 847,892.25 6,470,000 848,187.65 Dated Date 12/16/2014 Delivery Date 12/16/2014 First Coupon 03/01/2015 Par Amount 6,470,000.00 Premium 848,187.65 Production 7,318,187.65 113.109546% Underwriter's Discount (32,565.50) (0.503331%) Purchase Price 7,285,622.15 112.606216% Accrued Interest Net Proceeds 7,285,622.15 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 7 BOND SUMMARY STATISTICS County of Cortland Refunding of 2007 - Refunding in 2014 Dated Date 12/16/2014 Delivery Date 12/16/2014 First Coupon 03/01/2015 Last Maturity 03/01/2028 Arbitrage Yield 2.469801% True Interest Cost (TIC) 2.680870% Net Interest Cost (NIC) 2.919121% All-In TIC 2.810776% Average Coupon 4.435700% Average Life (years) 8.134 Duration of Issue (years) 7.019 Par Amount 6,470,000.00 Bond Proceeds 7,318,187.65 Total Interest 2,334,416.67 Net Interest 1,518,794.52 Bond Years from Dated Date 52,627,916.67 Bond Years from Delivery Date 52,627,916.67 Total Debt Service 8,804,416.67 Maximum Annual Debt Service 697,200.00 Average Annual Debt Service 666,580.44 Underwriter's Fees (per $1000) Average Takedown 3.980000 Other Fee 1.053308 Total Underwriter's Discount 5.033308 Bid Price 112.606216 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Serial Bonds - Uninsured 65,000.00 100.454 2.000% 0.285 2.40 Serial Bonds - Insured 6,405,000.00 113.238 4.437% 8.214 4,715.75 6,470,000.00 8.134 4,718.15 All-In Arbitrage TIC TIC Yield Par Value 6,470,000.00 6,470,000.00 6,470,000.00 + Accrued Interest + Premium (Discount) 848,187.65 848,187.65 848,187.65 - Underwriter's Discount (32,565.50) (32,565.50) - Cost of Issuance Expense (65,000.00) - Other Amounts (17,478.09) (17,478.09) (17,478.09) Target Value 7,268,144.06 7,203,144.06 7,300,709.56 Target Date 12/16/2014 12/16/2014 12/16/2014 Yield 2.680870% 2.810776% 2.469801% Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 8 BOND DEBT SERVICE County of Cortland Refunding of 2007 - Refunding in 2014 Period Bond Total Ending Principal Interest Debt Service Balance Bond Value 12/31/2014 6,470,000 6,470,000 12/31/2015 60,000 186,966.67 246,966.67 6,410,000 6,410,000 12/31/2016 5,000 263,550.00 268,550.00 6,405,000 6,405,000 12/31/2017 435,000 256,975.00 691,975.00 5,970,000 5,970,000 12/31/2018 440,000 243,850.00 683,850.00 5,530,000 5,530,000 12/31/2019 450,000 230,500.00 680,500.00 5,080,000 5,080,000 12/31/2020 465,000 216,775.00 681,775.00 4,615,000 4,615,000 12/31/2021 490,000 200,000.00 690,000.00 4,125,000 4,125,000 12/31/2022 510,000 180,000.00 690,000.00 3,615,000 3,615,000 12/31/2023 535,000 159,100.00 694,100.00 3,080,000 3,080,000 12/31/2024 560,000 137,200.00 697,200.00 2,520,000 2,520,000 12/31/2025 585,000 111,375.00 696,375.00 1,935,000 1,935,000 12/31/2026 615,000 81,375.00 696,375.00 1,320,000 1,320,000 12/31/2027 645,000 49,875.00 694,875.00 675,000 675,000 12/31/2028 675,000 16,875.00 691,875.00 6,470,000 2,334,416.67 8,804,416.67 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 9 ESCROW REQUIREMENTS County of Cortland Refunding of 2007 - Refunding in 2014 Period Principal Ending Interest Redeemed Total 03/01/2015 135,700.00 135,700.00 09/01/2015 135,700.00 135,700.00 03/01/2016 135,700.00 6,785,000.00 6,920,700.00 407,100.00 6,785,000.00 7,192,100.00 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 10 ESCROW DESCRIPTIONS County of Cortland Refunding of 2007 - Refunding in 2014 Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount Rate Rate Dec 16, 2014: SLGS Certificate 03/01/2015 03/01/2015 133,262 0.010% 0.010% SLGS Certificate 09/01/2015 09/01/2015 129,776 0.050% 0.050% SLGS Note 03/01/2016 03/01/2015 6,914,822 0.170% 0.170% 7,177,860 SLGS Summary SLGS Rates File 30SEP14 Total Certificates of Indebtedness 263,038.00 Total Notes 6,914,822.00 Total original SLGS 7,177,860.00 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 11 ESCROW COST County of Cortland Refunding of 2007 - Refunding in 2014 Type of Maturity Par Total Security Date Amount Rate Cost SLGS 03/01/2015 133,262 0.010% 133,262.00 SLGS 09/01/2015 129,776 0.050% 129,776.00 SLGS 03/01/2016 6,914,822 0.170% 6,914,822.00 7,177,860 7,177,860.00 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost Yield 12/16/2014 7,177,860 0.55 7,177,860.55 0.168021% 7,177,860 0.55 7,177,860.55 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 12 ESCROW STATISTICS County of Cortland Refunding of 2007 - Refunding in 2014 Modified Yield to Yield to Perfect Value of Total Duration Receipt Disbursement Escrow Negative Cost of Escrow Cost (years) Date Date Cost Arbitrage Dead Time Global Proceeds Escrow: 7,177,860.55 1.179 0.168021% 0.168021% 6,986,810.59 191,049.94 0.02 7,177,860.55 6,986,810.59 191,049.94 0.02 Delivery date 12/16/2014 Arbitrage yield 2.469801% Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 13 ESCROW CASH FLOW County of Cortland Refunding of 2007 - Refunding in 2014 Present Value Net Escrow to 12/16/2014 Date Principal Interest Receipts @ 0.1680210% 03/01/2015 133,262.00 2,438.21 135,700.21 135,652.74 09/01/2015 129,776.00 5,923.64 135,699.64 135,538.30 03/01/2016 6,914,822.00 5,877.60 6,920,699.60 6,906,668.96 7,177,860.00 14,239.45 7,192,099.45 7,177,860.00 Escrow Cost Summary Purchase date 12/16/2014 Purchase cost of securities 7,177,860.00 Target for yield calculation 7,177,860.00 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 14 FORM 8038 STATISTICS County of Cortland Refunding of 2007 - Refunding in 2014 Dated Date 12/16/2014 Delivery Date 12/16/2014 Redemption Bond Component Date Principal Coupon Price Issue Price at Maturity Serial Bonds - Uninsured: 03/01/2015 60,000.00 2.000% 100.343 60,205.80 60,000.00 03/01/2016 5,000.00 2.000% 101.792 5,089.60 5,000.00 Serial Bonds - Insured: 03/01/2017 435,000.00 3.000% 105.188 457,567.80 435,000.00 03/01/2018 440,000.00 3.000% 106.461 468,428.40 440,000.00 03/01/2019 450,000.00 3.000% 107.193 482,368.50 450,000.00 03/01/2020 465,000.00 3.000% 107.123 498,121.95 465,000.00 03/01/2021 490,000.00 4.000% 112.303 550,284.70 490,000.00 03/01/2022 510,000.00 4.000% 111.935 570,868.50 510,000.00 03/01/2023 535,000.00 4.000% 111.616 597,145.60 535,000.00 03/01/2024 560,000.00 4.000% 111.656 625,273.60 560,000.00 03/01/2025 585,000.00 5.000% 120.894 707,229.90 585,000.00 03/01/2026 615,000.00 5.000% 119.608 735,589.20 615,000.00 03/01/2027 645,000.00 5.000% 118.728 765,795.60 645,000.00 03/01/2028 675,000.00 5.000% 117.662 794,218.50 675,000.00 6,470,000.00 7,318,187.65 6,470,000.00 Stated Weighted Maturity Interest Issue Redemption Average Date Rate Price at Maturity Maturity Yield Final Maturity 03/01/2028 5.000% 794,218.50 675,000.00 Entire Issue 7,318,187.65 6,470,000.00 8.2877 2.4698% Proceeds used for accrued interest 0.00 Proceeds used for bond issuance costs (including underwriters' discount) 97,565.50 Proceeds used for credit enhancement 17,478.09 Proceeds allocated to reasonably required reserve or replacement fund 0.00 Proceeds used to currently refund prior issues 0.00 Proceeds used to advance refund prior issues 7,177,860.55 Remaining weighted average maturity of the bonds to be currently refunded 0.0000 Remaining weighted average maturity of the bonds to be advance refunded 8.2083 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 15 FORM 8038 STATISTICS County of Cortland Refunding of 2007 - Refunding in 2014 Refunded Bonds Bond Component Date Principal Coupon Price Issue Price 2007: SERIAL 03/01/2017 450,000.00 4.000% 100.000 450,000.00 SERIAL 03/01/2018 460,000.00 4.000% 100.000 460,000.00 SERIAL 03/01/2019 475,000.00 4.000% 100.000 475,000.00 SERIAL 03/01/2020 500,000.00 4.000% 100.000 500,000.00 SERIAL 03/01/2021 525,000.00 4.000% 100.000 525,000.00 SERIAL 03/01/2022 550,000.00 4.000% 100.000 550,000.00 SERIAL 03/01/2023 575,000.00 4.000% 100.000 575,000.00 SERIAL 03/01/2024 600,000.00 4.000% 100.000 600,000.00 SERIAL 03/01/2025 625,000.00 4.000% 100.000 625,000.00 SERIAL 03/01/2026 650,000.00 4.000% 100.000 650,000.00 SERIAL 03/01/2027 675,000.00 4.000% 100.000 675,000.00 SERIAL 03/01/2028 700,000.00 4.000% 100.000 700,000.00 6,785,000.00 6,785,000.00 Remaining Last Weighted Call Issue Average Date Date Maturity 2007 03/01/2016 03/01/2014 8.2083 All Refunded Issues 03/01/2016 8.2083 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 16 PROOF OF NEW YORK STATE EFFECTIVE INTEREST COST County of Cortland Refunding of 2007 - Refunding in 2014 Effective Interest Cost 2.58191808% Par 6,470,000.00 Accrued Interest -OID / +OIP 848,187.65 Proceeds 7,318,187.65 NPV of Debt Service at EIC Debt Service PV factor to Final Total EIC Debt at EIC of Date Maturity Service 2.582% PV of Cashflow 03/01/2015 115,166.67 115,166.67 0.[PHONE REDACTED] 114,552.80 09/01/2015 131,800.00 131,800.00 0.[PHONE REDACTED] 129,426.62 03/01/2016 136,800.00 136,800.00 0.[PHONE REDACTED] 132,624.46 09/01/2016 131,750.00 131,750.00 0.[PHONE REDACTED] 126,100.69 03/01/2017 566,750.00 566,750.00 0.[PHONE REDACTED] 535,534.78 09/01/2017 125,225.00 125,225.00 0.[PHONE REDACTED] 116,819.81 03/01/2018 565,225.00 565,225.00 0.[PHONE REDACTED] 520,566.42 09/01/2018 118,625.00 118,625.00 0.[PHONE REDACTED] 107,859.98 03/01/2019 568,625.00 568,625.00 0.[PHONE REDACTED] 510,433.73 09/01/2019 111,875.00 111,875.00 0.[PHONE REDACTED] 99,146.13 03/01/2020 576,875.00 576,875.00 0.[PHONE REDACTED] 504,723.78 09/01/2020 104,900.00 104,900.00 0.[PHONE REDACTED] 90,610.15 03/01/2021 594,900.00 594,900.00 0.[PHONE REDACTED] 507,311.44 09/01/2021 95,100.00 95,100.00 0.[PHONE REDACTED] 80,064.60 03/01/2022 605,100.00 605,100.00 0.[PHONE REDACTED] 502,940.34 09/01/2022 84,900.00 84,900.00 0.[PHONE REDACTED] 69,666.87 03/01/2023 619,900.00 619,900.00 0.[PHONE REDACTED] 502,191.77 09/01/2023 74,200.00 74,200.00 0.[PHONE REDACTED] 59,344.60 03/01/2024 634,200.00 634,200.00 0.[PHONE REDACTED] 500,763.68 09/01/2024 63,000.00 63,000.00 0.[PHONE REDACTED] 49,110.74 03/01/2025 648,000.00 648,000.00 0.[PHONE REDACTED] 498,700.98 09/01/2025 48,375.00 48,375.00 0.[PHONE REDACTED] 36,754.92 03/01/2026 663,375.00 663,375.00 0.[PHONE REDACTED] 497,602.96 09/01/2026 33,000.00 33,000.00 0.[PHONE REDACTED] 24,438.08 03/01/2027 678,000.00 678,000.00 0.[PHONE REDACTED] 495,692.31 09/01/2027 16,875.00 16,875.00 0.[PHONE REDACTED] 12,180.23 03/01/2028 691,875.00 691,875.00 0.[PHONE REDACTED] 493,024.79 8,804,416.67 8,804,416.67 7,318,187.65 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 17 PROOF OF ARBITRAGE YIELD County of Cortland Refunding of 2007 - Refunding in 2014 Present Value to 12/16/2014 Date Debt Service @ 2.[PHONE REDACTED]% 03/01/2015 115,166.67 114,579.22 09/01/2015 131,800.00 129,528.16 03/01/2016 136,800.00 132,802.01 09/01/2016 131,750.00 126,339.43 03/01/2017 566,750.00 536,845.78 09/01/2017 125,225.00 117,170.64 03/01/2018 565,225.00 522,418.88 09/01/2018 118,625.00 108,303.74 03/01/2019 568,625.00 512,817.61 09/01/2019 111,875.00 99,664.33 03/01/2020 576,875.00 507,642.74 09/01/2020 104,900.00 91,184.64 03/01/2021 594,900.00 510,810.61 09/01/2021 95,100.00 80,661.48 03/01/2022 605,100.00 506,970.36 09/01/2022 84,900.00 70,264.00 03/01/2023 619,900.00 506,776.58 09/01/2023 74,200.00 59,919.55 03/01/2024 634,200.00 505,895.26 09/01/2024 63,000.00 49,641.47 03/01/2025 2,583,000.00 2,010,473.08 8,607,916.67 7,300,709.56 Proceeds Summary Delivery date 12/16/2014 Par Value 6,470,000.00 Premium (Discount) 848,187.65 Arbitrage expenses (17,478.09) Target for yield calculation 7,300,709.56 Resolution No. 289-14 ---PAGE BREAK--- Sep 30, 2014 6:35 pm Page 18 PROOF OF ARBITRAGE YIELD County of Cortland Refunding of 2007 - Refunding in 2014 Assumed Call/Computation Dates for Premium Bonds Net Present Value (NPV) Bond Maturity Call Call to 12/16/2014 Component Date Rate Yield Date Price @ 2.[PHONE REDACTED]% SERIALI 03/01/2026 5.000% 2.780% 03/01/2025 100.000 19,083.11 SERIALI 03/01/2027 5.000% 2.870% 03/01/2025 100.000 25,689.99 SERIALI 03/01/2028 5.000% 2.980% 03/01/2025 100.000 34,080.37 Rejected Call/Computation Dates for Premium Bonds Net Present Value (NPV) Bond Maturity Call Call to 12/16/2014 Increase Component Date Rate Yield Date Price @ 2.[PHONE REDACTED]% to NPV SERIALI 03/01/2026 5.000% 2.780% 30,974.05 11,890.94 SERIALI 03/01/2027 5.000% 2.870% 50,329.58 24,639.59 SERIALI 03/01/2028 5.000% 2.980% 72,291.78 38,211.41 Resolution No. 289-14 ---PAGE BREAK--- Resolution No. 341-14 ---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 THIS AGREEMENT, entered into this l.h_ day of '-bOt J{H d , 20 kS, by and between the COUNTY OF CORTLAND, New York, (the "COUNTY"), a euni/ipal corporation organized and existing under the laws of the State of New York with offices at 60 Central Avenue, Cortland, New York 13045, and BI Incorporated, (the "CONTRACTOR"), with offices located at 6400 Lookout Road, Boulder, CO 80301. WITNESSETH, that the COUNTY and the CONTRACTOR, for the consideration hereafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFORE The CONTRACTOR shall furnish electronic monitoring services in accordance with the Electronic Monitoring Service Agreement attached hereto and incorporated herein as Exhibit A. This agreement shall constitute the full understanding of the parties in the event the Electronic Monitoring Service Agreement attached hereto is in conflict with this Agreement. The Agreement shall control. ARTICLE 2. TERM The CONTRACTOR agrees to perform the services and/or supply goods beginning January 1, 2015 and · ending December 31, 2015. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the Contract has been fully performed and the COUNTY agrees that the Contract has been fully performed, the CONTRACTOR shall file with the COUNTY an itemized voucher and the COUNTY shall pay the CONTRACTOR the rates in accordance with the New Proposed Prices for 2015 as prepared November 24, 2014 attached hereto and incorporated here in as Exhibit B, within its normal payment periods. ARTICLE 4. CONTRACTOR'S INSURANCE The CONTRACTOR shall not commence work under this Contract until he/she/it has obtained all insurance required under this paragraph and the COUNTY has approved such insurance. The COUNTY requires the following insurance coverage and amounts: 2015 ---PAGE BREAK--- Comprehensive General Liability, including personal injury coverage of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate and property damage coverage in the amount of $500,000.00 per occurrence and $1,000,000.00 in the aggregate. Automobile coverage with a combined single limit of $1,000,000.00. Statutory Worker's Compensation Disability Coverage, and Unemployment Insurance. Professional Liability Insurance in the amount of $1,000,000.00 where applicable. The CONTRACTOR shall submit at the time of the execution of this agreement, certificates of insurance properly executed by an authorized representative of its insurance underwriter, evidencing such insurance policies to be in full force and effect, naming the COUNTY which shall assume to include its officers, employees, agents and representatives as additional insured. The .certificates of insurance shall name specifically "Cortland County, 60 Central Avenue, Cortland, New York 13045" as an additional insured. Notice of termination of any such policies must be provided to the COUNTY at least ten (10) days in advance. CONTRACTOR shall, on or before this 10-day period, provide the COUNTY with a prospective Certificate of Insurance with the above cov(?rage and limits for the balance of the term of this agreement. All insurance coverage required to be purchased and maintained by the CONTRACTOR under this agreement shall be primary for the defense and indemnification on any action or claim asserted against the COUNTY and/or the CONTRACTOR for work performed under this agreement, regardless of any other collectible insurance or any language in the insurance policies which may be to the contrary. Any accident shall be reported to the COUNTY as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the COUNTY as soon thereafter as possible and not later than three days after the date of such accident. ARTICLE 5. REPRESENTATIONS OF CONTRACTOR The CONTRACTOR represents and warrants: 2015 That he/she/it is financially_ solvent and that he/she/it is experienced in and competent to perform the services as described in Article 1 above, That he/she/it is familiar with all Federal, State, municipal and departmental laws, ordinances and regulation which may in any way affect the work or those employed therein. ---PAGE BREAK--- _j l ARTICLE 6. PERMITS AND REGULATIONS The CONTRACTOR shall procure and pay for all permits and licenses necessary for the services to be rendered hereunder. ARTICLE 7. COUNTY'S RIGHT TO STOP WORK OR TERMINATE CONTRACT The COUNTY shall have the right to stop work or terminate the Contract if: The CONTRACTOR is adjudged bankrupt or makes an assignment for the benefit of creditors; or A receiver or liquidator is appointed for the CONTRACTOR or for any of his/her/it's property and is not dismissed within twenty (20) days after such appointment or the proceedings in connection therewith are not stayed on appeal within said twenty (20) days; or The CONTRACTOR refuses or fails to prosecute the work or any part thereof with due diligence; or . The CONTRACTOR fails to make prompt payment to persons supplying labor for the work; or The CONTRACTOR fails or refuses to comply with all applicable laws or ordinances; or The CONTRACTOR violates any provision of the Contract; In any event, the COUNTY, without prejudice to any other rights or remedy it may have, may by seven days notice to the CONTRACTOR, terminate this contract pursuant to the grounds stated herein. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the work is complete. If the unpaid balance of the compensation to be paid to the CONTRACTOR hereunder exceeds the expense of completing the work, such excess shall be paid to the CONTRACTOR. If such expense exceeds such unpaid balance, the CONTRACTOR shall be liable to the COUNTY for such excess. COUNTY may terminate this contract upon thirty (30) days written notice to the CONTRACTOR if deemed in the best interest of the COUNTY. COUNTY may terminate if the contract is not funded. ARTICLE 8. INDEMNIFICATION/ HOLD HARMLESS The CONTRACTOR shall indemnify, defend and hold the COUNTY, its Departments, and its officers, employees, contractors, representatives and agents harmless from and against any and all claims, fines, demands, losses, damages and expenses, including attorney's fees, relating to or arising out of any 2015 ---PAGE BREAK--- _j -i l I negligent or intentional acts and/or omissions. of the CONTRACTOR or any of its directors, officers, employees, contractors, representatives, or agents. ARTICLE 9. INDEPENDENT CONTRACTOR The CONTRACTOR, including all its officers, employees and agents agrees that their relationship to the COUNTY and any of its Departments or units, is that of an independent contractor, and said CONTRACTOR covenants and agrees that they will not conduct themselves as, nor hold themselves out as, nor claim to be an officer or employee of the COUNTY by reason hereof and that they will not claim, demand or make an application to or for any right or privilege applicable to an officer or employee of the COUNTY, including, but not limited to, Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage, medical and/or dental benefits, or retirement membership or credit. ARTICLE 10. ASSIGNMENT Neither party may assign or sub-contract this contract or any portion thereof, without prior written consent of the other party hereto. ARTICLE 11. REQUIRED PROVISIONS OF LAW Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be . physically amended to make such insertion. ARTICLE 12. VENUES AND DISPUTES The exclusive means of disposing of any dispute arising under this Agreement shall be decided in a New York State Court of competent jurisdiction located within Cortland County, New York. There shall be no right to binding arbitration. Pending final resolution of a dispute, the CONTRACTOR shall proceed diligently with performing the terms of this Agreement. The CONTRACTOR waives any dispute or claim not made in writing and received by the COUNTY within thirty (30) days of the occurrence giving rise to the dispute or claim. The claim must be in writing for a sum certain and any money requested must be fully supported by all cost and pricing information. 2015 ---PAGE BREAK--- ' _j ARTICLE 13. REMEDIES The remedies specified herein shall be cumulative and in addition to any other remedies available of law or in equity. Waiver of a breach of any provision of this Agreement shall not constitute a waiver of any other or future breach of the same provision or any other provision of the Agreement. ARTICLE 14. NOTICES All notices of any nature referred to in this agreement shall be in writing and sent by registered or certified mail, postage pre-paid, to the respective addresses set forth below or to such other addresses as the respective parties may designate in writing. To the CONTRACTOR: To the COUNTY: ARTICLE 15. SEVERABILITY BI Incorporated 6400 Lookout Road Boulder, CO 80301 Chair of the Legislature County of Cortland 60 Central A venue Cortland, New York 13045 In the event any provision hereof shall be held for any reason to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this agreement, which shall continue in full force and effect. ARTICLE 16. WAIVER No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ARTICLE 17. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. ARTICLE 18. EXECUTORY CLAUSE The COUNTY shall have no liability under this Agreement to the CONTRACTOR or to anyone else beyond funds appropriated and available for this Agreement. 2015 ---PAGE BREAK--- ARTICLE 19. RECORDS RETENTION AND AUDIT The CONTRACTOR agrees to retain all books, records and/or other documents relevant to this Agreement for six { 6) years after the expiration or termination of this agreement or six ( 6) years after final payment, whichever is later, unless otherwise agreed to by the parties in writing. New York State auditors and/or any other persons duly authorized by the COUNTY shall have full access to and the right to examine any of the above-mentioned documents during the above-stated time period. ARTICLE 20. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. ARTICLE 21. PRIVACY AND SECURITY (HIP AA) (APPLICABLE TO ALL CONTRACTS FOR GOODS AND SERVICES WIDCH RELATE TO MEDICAL RECORD-KEEPING) The purpose of this clause is to set forth the requirements for privacy and security of protected health information ("PHI") mandated by 45 CFR Part 164 as they apply to the services provided by CONTRACTOR on behalf of COUNTY. Terms and conditions required relative to this agreement are incorporated and attached to this agreement as "Exhibit IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate (2 copies) each of which shall be deemed an original on the date written. DATE: \ Acknowledgement STATE OF NEW YORK ) COUNTY OF CORTLAND ss.: COUNTY OF CORTLAND BY:t(fl a'1 b Adi--:, BFiggs, Chair Cortland County Legislature On this day of‚ , 20 J5., before me, the undersigned, a Notary Public in and for said State, personally appeared 8ƒsonally known to me or proved to me on the basis of satisfactory evidence to be the individual wh„nhlhe s s ribed to the within instrument and acknowledged to me tha she executed the same in@Mier capacity, that by†her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. l fedinlJJ RIAADSIT Notary Pubhc Notary Public State of New York Registration No.4971024 Qualified in Cortland County Io.. Commission Expires, August 20, 20 LU 2015 APPROVED AS TO FORM ---PAGE BREAK--- Acknowledgement STATE OF f!_c;),o1T0 ) COUNTYOF U)ss.: BY: CONTRACTOR (BI Incorporated) (NAME OSIGNATORY) VP (CORP. OFFICER/POSITION) J On this s-,fL-day of , 20 / 5, before me, the undersigned, a Notary Public in and for said State, personally appeared c. , personally known to me or proved to me on the basis of satisfactory evidence to be the indivi ual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. L2 {f1$t- .-Nhlary Public 2015 SUSAN LOUISE POTTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134039207 MY COMMISSION EXPIRES JUNE 27, 2017 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 101 -125 $1.95 $0.90 $2.85 126 -150 $2.05 $0.75 $2.80 151 -175 $2.05 $0.75 $2.80 176 -200 $2.05 $0.75 $2.80 201 -500 $2.05 $0.75 $2.80 501+ $2.00 $0.75 $2.75 ADDITIONAL SERVICES: Twenty Percent (20%) HomeGuard 206 Digital Cell Unit No-charge Spares: Each month during the term of this Agreement, Agency is entitled to keep a quantity of inactive HomeGuard 206 Digital Cell Units equal to, but not to exceed, 20% of that month's average number of active Units per day in its possession at no charge (not subject to the Unit Rental Charge while not in use). For any inactive HomeGuard 206 Digital Cell Units in excess of the 20% allowance, Agency will incur a spare charge per unit per day based on the applicable tier charge for Rental/Spare Charge Per Unit/Per Day listed in the table above. Following execution of this Agreement, Agency will be granted a sixty (60) day ramp-up period before billing of spares will commence. No HomeGuard 206 Digital Cell Unit Loss or Damage: Agency is not entitled to a loss or damage allowance. Agency will be responsible for all costs related to lost, stolen or damaged HomeGuard 206 Digital Cell Units. Replacement costs for HomeGuard 206 Digital Cell Units are the following: HomeGuard 206 Digital Cell Base Station - $1500.00 each and HomeGuard 206 Digital Cell Transmitter -$350.00 each. 4. SOBERLINK SL2 UNIT VOLUME PRICING AND ADDITIONAL SERVICES: Rental/Spare Charge Monitoring Service Charge Unit Quantity Per Unit/Per Day Per Unit /Per Active Day 1 -25 $3.50 $3.00 26 - 50 $3.50 $3.00 51 -75 $3.45 $3.00 76 -100 $3.40 $3.00 101 -125 $3.26 $2.90 126 -150 $3.26 $2.90 151 -175 $3.26 $2.90 176 -200 $3.26 $2.90 201 -500 $3.15 $2.85 501+ $3.10 $2.80 ADDITIONAL SERVICES: Total Charge Per Unit/Per Active Day $6.50 $6.50 $6.45 $6.40 $6.16 $6.16 $6.16 $6.16 $6.00 $5.90 Twenty Percent (20%) Soberlink SL2 Unit No-charge Spares: Each month during the term of this Agreement, Agency is entitled to keep a quantity of inactive Soberlink SL2 Units equal to, but not to exceed, 20% of that month's average number of active Units per day in its possession at no charge (not subject to the Unit Rental Charge while not in use). For any inactive Soberlink SL2 Units in excess of the 20% allowance, Agency will incur a spare charge per unit per day based on the applicable tier charge for Rental/Spare Charge Per Unit/Per Day listed in the table above. Following execution of this Agreement, Agency will be granted a sixty (60) day ramp-up period before billing of spares will commence. NY15 ---PAGE BREAK--- - _j j ; j -1 l 5. No Soberlink SL2 Unit Loss or Damage: Agency is not entitled to a loss or damage allowance. Agency will be responsible for all costs related to lost, stolen or damaged Soberlink SL2 Units. Replacement cost for Soberlink SL2 Units is $800.00 each. Soberlink SL2 Telco Service Charge: Agency -owned Soberlink SL2 Units are not subject to a Rental/Spare Charge when they are inactive; however, they continue to incur telecom fees. Therefore, the fees listed below will be applied based on the total Inactive Unit Days in a month. "Inactive Unit Days" are the total purchased units times the number of days in the month, minus the total Active Unit Days for the month and the Spare Allowance. An "Active Unit Day" is any day in which a purchased unit is active in the system. The "Spare Allowance" is 20% of all purchased units times the number of days in the month. Units reported lost or damaged beyond repair can be removed from the total inventory. This calculation is performed on a basis with no carryover from one month to the next. Credit will not be provided in connection with this calculation. Purchased Unit Volume 0 -25 Purchased Units Telco Fee 26 -50 Purchased Units Telco Fee 51 -100 Purchased Units Telco Fee 101 -200 Purchased Units Telco Fee 201 -300 Purchased Units $0.40 Telco Fee 300+ Purchased Units Telco Fee TAD UNIT VOLUME PRICING AND ADDITIONAL SERVICES: TAD ALCOHOL ONLY: Rental/Spare Charge Monitoring Service Charge Unit Quantity Per Unit/Per Day Per Unit /Per Active Day 1 -25 $4.53 $2.00 26 -50 $4.53 $2.00 51 -75 $4.40 $1.95 76 -100 $4.40 $1.95 101 -125 $4.40 $1.95. 126 -150 $4.40 $1.95 151 -175 $4.25 $1.80 176 -200 $4.25 $1.80 201 -500 $4.25 $1.80 501+ $4.25 $1.80 TAD WITH RF CHARGES: Rental/Spare Charge Monitoring Service Charge Unit Quantity Per Unit/Per Day Per Unit /Per Active Day 1 -25 $4.53 $2.00 26 - 50 $4.53 $2.00 51 -75 $4.40 $1.95 76 -100 $4.40 $1.95 101 -125 $4.40 $1.95 126 -150 $4.40 $1.95 NY15 Total Charge Per Unit/Per Active Day $6.53 $6.53 $6.35 $6.35 $6.35 $6.35 $6.05 $6.05 $6.05 $6.05 Total Charge Per Unit/Per Active Day $6.53 $6.53 $6.35 $6.35 $6.35 $6.35 ---PAGE BREAK--- 151 -175 $4.25 $1.80 $6.05 176 -200 $4.25 $1.80 $6.05 201 -500 $4.25 $1.80 $6.05 501+ $4.25 $1.80 $6.05 TAD PLUS CELLULAR - ALCOHOL ONLY CHARGES: Rental/Spare Monitoring Service Cellular HomeBase Total Charge Charge Charge Per Unit/ Rental/Spare Charge/ Per Unit/ Unit Quantity Per Unit/Per Day Per Active Day Per Unit/Per Day Per Active Day 1 -25 $4.53 $2.00 $1.52 $8.05 26 -50 $4.53 $2.00 $1.52 $8.05 51 -75 $4.40 $1.95 $1.66 $8.01 76 -100 $4.40 $1.95 $1.66 $8.01 101 -125 $4.40 $1.95 $1.66 $8.01 126 -150 $4.40 $1.95 $1.66 $8.01 151 -175 $4.25 $1.80 $1.66 $7.71 176 -200 $4.25 $1.80 $1.66 $7.71 201 -500 $4.25 $1.80 $1.66 $7.71 501+ $4.25 $1.80 $1.66 $7.71 TAD PLUS CELLULAR-WITH RF MONITORING CHARGES: Rental/Spare Monitoring Service Cellular HomeBase Total Charge Charge Charge Per Unit/ Rental/Spare Charge/ Per Unit/ Unit Quantity Per Unit/Per Day Per Active Day Per Unit/Per Day Per Active Day 1 -25 $4.53 $2.00 $1.52 $8.05 26 -50 $4.53 $2.00 $1.52 $8.05 51 -75 $4.40 $1.95 $1.66 $8.01 76 -100 $4.40 $1.95 $1.66 $8.01 101 -125 $4.40 $1.95 $1.66 $8.01 126 -150 $4.40 $1.95 $1.66 $8.01 151 -175 $4.25 $1.80 $1.66 $7.71 176 -200 $4.25 $1.80 $1.66 $7.71 201 -500 $4.25 $1.80 $1.66 $7.71 501+ $4.25 $1.80 $1.66 $7.71 ADDITIONAL SERVICES: Twenty Percent (20%) TAD Unit No-charge Spares: Each month during the term of this Agreement, Agency is entitled to keep a quantity of TAD Units equal to, but not to exceed, 20% of that month's average number of active Units per day in its possession at no charge (not subject to the Unit Rental Charge while not in use). For any inactive TAD Units in excess of the 20% allowance, Agency will incur a spare charge per unit per day based on the applicable tier charge for Rental/Spare Charge Per Unit/Per Day listed in the table above. No TAD Unit Loss or Damage: Agency is not entitled to a loss or damage allowance. Agency will be responsible for all costs related to lost, stolen or damaged TAD Units. Replacement costs for TAD NY15 ---PAGE BREAK--- -1I Units are the following: TAD Ankle Bracelet -$1,284.57 each; TAD HomeBase - $1,284.56 each Ankle Bracelet and HomeBase = TAD Complete Unit. Twenty Percent (20%) TAD Cellular HomeBase Unit No-charge Spares: Each month during the term of this Agreement, Agency is entitled to keep a quantity of TAD Cellular HomeBase Units equal to, but not to exceed, 20% of that month's average number of active Units per day in its possession at no charge (not subject to the Unit Rental Charge while not in use). For any inactive TAD Cellular HomeBase Units in excess of the 20% allowance, Agency will incur a spare charge* per unit per day based on the applicable TAD Cellular HomeBase Unit Quantity tier. Following execution of this Agreement, Agency will be granted a sixty (60) day ramp-up period before billing of spares will commence. No TAD Cellular HomeBase Unit Loss or Damage: Agency is not entitled to a loss or damage allowance. Agency will be responsible for all costs related to lost, stolen or damaged TAD Cellular HomeBase Units. Replacement cost for the TAD Cellular HomeBase Unit is $2,215.43 each. 6. EXACUTRACK ONE SERVICE VOLUME PRICING AND ADDITIONAL SERVICES: EXACUTRACK ONE WITH 1.30.AO ZX SERVICE: ET One - GPS Point Collection every 1 minute, Data Transmission every 30 minutes, no AFL T, with Zone Crossing Notification. Rental/Spare Charge Monitoring Service Charge Total Charge Unit Quantity Per Unit/Per Day Per Unit /Per Active Day Per Unit/Per Active Day 1 -25 $2.50 $1.90 $4.40 26 -50 $2.50 $1.90 $4.40 51 - 75 $2.35 $1.75 $4.10 76 -100 $2.35 $1.75 $4.10 101-125 $2.15 $1.45 $3.60 126 -150 $2.10 $1.40 $3.50 151 - 175 $2.00 $1.15 $3.15 176 -200 $2.00 $1.15 $3.15 201 - 500 $2.00 $1.15 $3.15 501+ $2.00 $1.15 $3.15 EXACUTRACK ONE WITH 1.30.A30 ZX SERVICE: ET One - GPS Point Collection every 1 minute, Data Transmission every 30 minutes, AFL T Collection every 30 minutes if needed, with Zone Crossing Notification. Rental/Spare Charge Monitoring Service Charge Total Charge Unit Quantity· Per Unit/Per Day Per Unit /Per Active Day Per Unit/Per Active Day 1 -25 $2.50 $2.00 $4.50 26 -50 $2.50 $2.00 $4.50 51 -75 $2.35 $1.85 $4.20 76 -100 $2.35 $1.85 $4.20 101 -125 $2.15 $1.55 $3.70 126 -150 $2.10 $1.50 $3.60 151-175 $2.00 $1.25 $3.25 176 -200 $2.00 $1.25 $3.25 201 -500 $2.00 $1.25 $3.25 501+ $2.00 $1.20 $3.20 NY15 ---PAGE BREAK--- -l l ADDITIONAL SERVICES: Twenty Percent (20%) ExacuTrack One Unit No-charge Spares: Each month during the term of the Agreement, Agency is entitled to keep a quantity of ExacuTrack One Tracking units equal to, but not to exceed, 20% of that month's average number of active Units per day in its possession at no charge (not subject to the Rental Charge while not in use). For any inactive ExacuTrack One Units in excess of the 20% allowance, Agency will incur a spare charge per unit per day based on the applicable tier charge for Rental/Spare Charge Per Unit/Per Day listed in the table above. No ExacuTrack One Unit Loss or Damage: Agency is not entitled to a loss or damage allowance. Agency will be responsible for all costs related to lost, stolen or damaged ExacuTrack One Equipment. Replacement costs for ExacuTrack One units are the following: ExacuTrack One Beacon - $275.00 each; ExacuTrack One Tracking Unit - $1,550.00 each. 7. GENERAL TERMS: Supplies: All accessories, including replacement batteries, straps, waist packs, carrying bags, clips, and other related equipment necessary for proper operation shall be provided by Bl at no additional cost, throughout the term of the contract. Install and deactivation tools/equipment shall be provided at no additional cost throughout the term of the contract. Training. Bl shall provide initial training, refresher training as needed, and weekly or ad hoc on line training. Bl shall provide training at no additional cost. Freight. Bl will pay for the cost of shipping Units and other Equipment, Supplies and accessories to and from Agency via ground delivery. Agency may request shipping methods other than ground delivery, in which event Agency will pay for the additional cost of such alternative shipping method. NY15 ---PAGE BREAK--- ---PAGE BREAK--- _J l EXHIBITC PRIVACY AND SECURITY ffiIPAA) The purpose of this clause is to set forth the requirements for privacy and security of protected health information ("PHI") mandated by 45 CFR Part 164 as they apply to the services provided by CONTRACTOR on behalf of COUNTY. 2015 CONTRACTOR understands the importance of the privacy of a patient's PHI, and agrees to protect that right to the extent necessary under this Agreement and under current federal, state, and local regulations and laws. All PHI will be handled in a private and/or confidential manner. For purposes of this Agreement, PHI is any data or other information as defined by the Department of Health and Human Services in the Code of Federal Regulations, 45 CFR §164.501. Further, CONTRACTOR understands that County's patients are intended third-party beneficiaries of this Agreement, and have all the rights and privileges of any third-party beneficiary under current law. Uses and disclosures of PHI that are permitted are those necessary in order for CONTRACTOR to: 1. Properly manage and administer its functions. 2. Meet its legal responsibilities. 3. Provide data aggregation services relating to the health care operations of the COUNTY. 4. Make those disclosures required by law such as in situations of abuse, neglect, or domestic violence. The uses and disclosures permitted are limited to the PHI necessary to meet the requirements of the law that compels the use or disclosure. 5. Make disclosures in response to a judicial or administrative proceeding through a lawful process such as a subpoena or discovery request. The uses and disclosures of PHI that are required are those disclosures necessary: 1. For patients to review their PHI. 2. To provide an accounting of disclosures in accordance with 45 CFR § 164.528. 3. To allow the Secretary of Health and Human Services to determine County's compliance with 45 CFR §164.504. CONTRACTOR shall make the following assurances to COUNTY: 1. CONTRACTOR agrees that it shall not use or disclose any patient's PHI for any purpose not expressly stated in this Agreement. Further, CONTRACTOR shall not use or disclose ---PAGE BREAK--- -j 2015 PHI in any manner or context prohibited by the Health Insurance Portability and Accountability Act of 1996 ("HIP AA") and subsequent federal, state, and local regulations. If CONTRACTOR does use or disclose PHI for a purpose not expressly stated in this Agreement, it shall immediately cease the unauthorized use or disclosure, and shall notify COUNTY in writing of such use or disclosure. CONTRACTOR agrees to mitigate, to the extent practicable, any harmful effect known to it of a use or disclosure of PHI not allowed under this Agreement. 2. CONTRACTOR further agrees that any sub-contractors or other persons or entities not directly employed by CONTRACTOR whb use or disclose PHI obtained from COUNTY, shall abide by terms of this clause of this Agreement. Any sub-contractor or other person or entity not directly employed by CONTRACTOR that has used or disclosed PHI without proper authorization ( as defined in HIP AA and subsequent federal, state, and local regulations) shall be considered to have acted as an agent of CONTRACTOR, and have violated the terms of this Agreement. COUNTY may consider this use or disclosure a material breach of this Agreement. 3. By signing this Agreement, CONTRACTOR is assuring COUNTY it has met the minimum safeguards necessary to protect unauthorized use or disclosure of PHI to any person or entity not party to this Agreement. Such safeguards shall include the security safeguards outlined by the 1996 Health Insurance Portability and Accountability Act and subsequent federal regulation, including: physical access to PHI, technical access to PHI, and administrative policies and procedures addressing security of PHI. 4. Provider shall report to COUNTY any instance or circumstance in which PHI has been used or disclosed by an unauthorized person or entity, including accidental disclosure by CONTRACTOR. CONTRACTOR shall notify COUNTY in writing of any steps or procedural changes made to address the unauthorized use or disclosure. 5. Should COUNTY find PHI used or disclosed to CONTRACTOR to be inaccurate or incomplete, CONTRACTOR shall incorporate any amendments or corrections to the PHI at COUNTY's request. 6. CONTRACTOR will make PHI available to the individual who is the subject of the PHI for amendment. Such requests by the individual for their PHI from CONTRACTOR will be made through County. CONTRACTOR will incorporate any amendments to PHI that have been made by COUNTY by virtue of the individual's request for amendment. 7. CONTRACTOR will provide a timely accounting to the individual or to COUNTY, if requested by either, of the disclosures of an individual's PHI. ---PAGE BREAK--- -1 2015 8. Should CONTRACTOR make any material alterations to the PHI while the PHI is in its possession, CONTRACTOR shall notify COUNTY of such alterations so that COUNTY may inform the patient who is the subject of the PHI. 9. At the termination of this Agreement, CONTRACTOR shall return or destroy to the satisfaction of COUNTY any PHI held or maintained by CONTRACTOR and retain no copies of such information. If COUNTY and CONTRACTOR mutually agree that returning or destroying the PHI is not feasible or permitted under law, the PHI will remain protected after this agreement ends for as long as CONTRACTOR maintains the information. Further uses or disclosures of the PHI will be limited to those purposes that make the return or destruction infeasible. If COUNTY determines CONTRACTOR has violated any of the above assurances, covenants or terms, the CONTRACTOR has committed a material breach of this Agreement. COUNTY may then provide CONTRACTOR with an opportunity to cure the breach or may terminate this Agreement and may report the violations to the Department of Health and Human Services ("HHS") or other federal or state entity for possible prosecution or sanctions. Both parties to this agreement agree that they will protect the integrity and confidentiality of any PHI being shared electronically. CONTRACTOR hereby gives COUNTY and the Department of Health and Human Services (or an agent acting on behalf of HHS) the express right to inspect any and all internal practices, books, and records relating to the use or disclosure of PHI by CONTRACTOR. If HHS suspects an unauthorized use or disclosure of PHI by CONTRACTOR, HHS is authorized to pursue an investigation into CONTRACTOR's activities for the purposes of determining whether an unauthorized use or- disclosure of PHI has taken place. CONTRACTOR may have policies and procedures relating to privacy and security in place prior to the commencement of this Agreement. If, after reasonable investigation, COUNTY concludes CONTRACTOR's policies and procedures. to be "adequate" protection of a patient's privacy rights relating to PHI, CONTRATOR may elect to continue to use its own policies and procedures. The term "adequate" in this clause means CONTRACTOR's policies and procedures meet the minimum privacy and security standards as set forth in COUNTY's privacy and security policies and procedures. COUNTY, through the appropriate Department will: 1. provide CONTRACTOR with its Privacy Notice; ---PAGE BREAK--- 1 -l 2015 2. provide CONTRACTOR with any changes in, or revocation of, permission by a patient to use or disclose PHI, if such changes affect CONTRACTOR's permitted or required uses or disclosures; and 3. notify CONTRACTOR of any restriction to the use or disclosure of PHI to which the COUNTY has agreed. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information ( ePHI) that it creates, receives, maintains, or transmits on behalf of Cortland County. (L.)Ensure that any agent, including a subcontractor, to whom Contractor provides ePHI agrees to implement reasonable and appropriate safeguards to protect this information. Report to Security Officer of Cortland County any security incidents of which it becomes aware. (A security incident is defined as the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system.) ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Piggybacking in NY I U.S. Communities Page 1 of2 About News & Events Resources Contact Us REGISTER \1_111 !11 Solutions BY SUPPLIER (showall->) BY CATEGORY Facilities Office & School Specialty Technology Main Menu JUMP TO: Solicitations About News & Events Resources State Statutes Innovation Exchange Piggybacking in NY NJ Cooperative Purchasing Cooperative Standards MICPA FAQs Additional Resources Become a Supplier Solutions Contact Us Education Purchasing Government Purchasing Nonprofit Go Green Program Innovation Exchange PRODUCTS & SOLUTIONS CONTRACT DOCUMENTS Purchasing Resources Home> Resources> Piqgul>acking i11 NY Piggybacking in New York Now agencies in New York can take advantage of cost savings for products and services and ellminate the costs associated with competitive bids. U.S. Communities can help you reduce time and resources for contract solicitation at no cost. With U.S. Communities, you will find more than costs savings - you will find a procurement solution partner. An Impartial lead public agency competitively solicits, evaluates and awards all contracts. Our program is designed to provide costs savings with the lowest overall public agency pricing, drive efficiencies and deliver value. Timeline August 1, 2012: Governor Cuomo approved Senate Bill 5525 Bill modified the State's procurement code to make piggyback contracts available to local government agencies within New York. November 2012: Comptroller's Office requested that certain clarifications be made to the new law in order to make it clear that contracts awarded based upon best value could be utilized in a piggyback manner. November 13, 2013: Governor Cuomo signed Senate Bill 3766 into law. Public agencies may adopt a piggyback contract that was either let to the lowest responsible bidder or based upon the best overall value. November 2013: Comptroller's Office releases the official guidance for New York agencies. Next Steps Public agencies in New York wishing to utilize a contract awarded based upon best value (whether through their own solicitation or when piggybacking another contract) must first pass a local law, rule, regulation or resolution authorizing such practice. Note: School districts will only need to pass a resolution. Political subdivisions other than New York City are required to first authorize the use of "best value" awards by local law, or in the case of district corporations, school districts and BOCES, by rule, regulation, or resolution. Request Sample Local Law & Resolution Download NY Flyer Resources State Statutes Access the New York Intergovernmental Purchasing Statutes. Cooperative Standards Not all purchasing cooperatives are equal. Use this helpful information when choosing cooperative contracts to ensure best value and protection for you and your agency. MICPA U.S. Communities contracts are established to meet both the competitive solicitation and consent requirements. Access to U.S. Communities contracts includes consent to a Master Intergovernmental Cooperative Purchasing Agreement. http://www.uscommunities.org/resources/piggybacking-in-ny / SHOP REGISTER LOGIN New York Sponsors llrn.•. I · COM The Mailbag Video What does the new cooperative purchasing legislation in NY mean for my school district? How to Get Started 1. Register with U.S. Communities 2. Request Contact from the suppliers you would like to purchase from. They will contact you to set up an account or connect your existing account to your U.S. Communities registration. 3. Shop Online or Contact a Supplier to begin purchasing. Contact lnformatio Doug Looney U.S. Communities Northeast Program Manager (314) 210-8058 [EMAIL REDACTED] ---PAGE BREAK--- ---PAGE BREAK--- Resolution No. 373-14 ---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--- ---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---